[Congressional Record Volume 151, Number 7 (Monday, January 31, 2005)]
[Senate]
[Pages S641-S643]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




      RULES OF PROCEDURE--RULES OF THE SPECIAL COMMITTEE ON AGING

  Mr. SMITH. Mr. President, in accordance with rule XXVI, paragraph 2, 
of the Standing Rules of the Senate, I hereby submit for publication 
the rules of the Special Committee on Aging.
  I ask unanimous consent to have them printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                       Special Committee on Aging

                       Jurisdiction and Authority

              S. Res. 4, 104, 95th Cong., 1st Sess. (1977)

       (a)(1) There is established a Special Committee on Aging 
     (hereafter in this section referred to as the ``special 
     committee'') which shall consist of nineteen Members. The 
     Members and chairman of the special committee shall be 
     appointed in the same manner and at the same time as the 
     Members and chairman of a standing committee of the Senate. 
     After the date on which the majority and minority Members of 
     the special committee are initially appointed on or after the 
     effective date of title I of the Committee System 
     Reorganization Amendments of 1977, each time a vacancy occurs 
     in the Membership of the special committee, the number of 
     Members of the special committee shall be reduced by one 
     until the number of Members of the special committee consists 
     of nine Senators.
       (2) For purposes of paragraph 1 of rule XXV; paragraphs 1, 
     7(a)(1)-(2), 9, and 10(a) of rule XXVI; and paragraphs 1(a)-
     (d), and 2 (a) and (d) of rule XXVII of the Standing Rules of 
     the Senate; and for purposes of section 202 (i) and (j) of 
     the Legislative Reorganization Act of 1946, the special 
     committee shall be treated as a standing committee of the 
     Senate.
       (b)(1) It shall be the duty of the special committee to 
     conduct a continuing study of any and all matters pertaining 
     to problems and opportunities of older people, including, but 
     not limited to, problems and opportunities of maintaining 
     health, of assuring adequate income, of finding employment, 
     of engaging in productive and rewarding activity, of securing 
     proper housing, and when necessary, of obtaining care or 
     assistance. No proposed legislation shall be referred to such 
     committee, and such committee shall not have power to report 
     by bill, or otherwise have legislative jurisdiction.
       (2) The special committee shall, from time to time (but not 
     less often than once each year), report to the Senate the 
     results of the study conducted pursuant to paragraph (1), 
     together with such recommendation as it considers 
     appropriate.
       (c)(1) For the purposes of this section, the special 
     committee is authorized, in its discretion, (A) to make 
     investigations into any matter within its jurisdiction, (B) 
     to make expenditures from the contingent fund of the Senate, 
     (C) to employ personnel, (D) to hold hearings, (E) to sit and 
     act at any time or place during the sessions, recesses, and 
     adjourned periods of the Senate, (F) to require by subpoena 
     or otherwise, the attendance of witnesses and the production 
     of correspondence, books, papers, and documents, (G) to take 
     depositions and other testimony, (H) to procure the service 
     of individual consultants or organizations thereof (as 
     authorized by section 202(i) of the Legislative 
     Reorganization Act of 1946, as amended) and (I) with the 
     prior consent of the Government department or agency 
     concerned and the Committee on Rules and Administration, 
     to use on a reimbursable basis the services of personnel 
     of any such department or agency.
       (2) The chairman of the special committee or any Member 
     thereof may administer oaths to witnesses.
       (3) Subpoenas authorized by the special committee may be 
     issued over the signature of the chairman, or any Member of 
     the special committee designated by the chairman,

[[Page S642]]

     and may be served by any person designated by the chairman or 
     the Member signing the subpoena.
       (d) All records and papers of the temporary Special 
     Committee on Aging established by Senate Resolution 33, 
     Eighty-seventh Congress, are transferred to the special 
     committee.

                           Rules of Procedure

             141 Cong. Rec. S3293 (daily ed. Feb. 28, 1995)


                 I. Convening of Meetings and Hearings

       1. Meetings. The Committee shall meet to conduct Committee 
     business at the call of the Chairman.
       2. Special Meetings. The Members of the Committee may call 
     additional meetings as provided in Senate Rule XXVI (3).
       3. Notice and Agenda:
       (a) Hearings. The Committee shall make public announcement 
     of the date, place, and subject matter of any hearing at 
     least one week before its commencement.
       (b) Meetings. The Chairman shall give the Members written 
     notice of any Committee meeting, accompanied by an agenda 
     enumerating the items of business to be considered, at least 
     5 days in advance of such meeting.
       (c) Shortened Notice. A hearing or meeting may be called on 
     not less than 24 hours notice if the Chairman, with the 
     concurrence of the Ranking Minority Member, determines that 
     there is good cause to begin the hearing or meeting on 
     shortened notice. An agenda will be furnished prior to such a 
     meeting.
       4. Presiding Officer. The Chairman shall preside when 
     present. If the Chairman is not present at any meeting or 
     hearing, the Ranking Majority Member present shall preside. 
     Any Member of the Committee may preside over the conduct of a 
     hearing.


             II. Closed Sessions and Confidential Materials

       1. Procedure. All meetings and hearings shall be open to 
     the public unless closed. To close a meeting or hearing or 
     portion thereof, a motion shall be made and seconded to go 
     into closed discussion of whether the meeting or hearing will 
     concern the matters enumerated in Rule II.3. Immediately 
     after such discussion, the meeting or hearing may be closed 
     by a vote in open session of a majority of the Members of the 
     Committee present.
       2. Witness Request. Any witness called for a hearing may 
     submit a written request to the Chairman no later than 
     twenty-four hours in advance for his examination to be in 
     closed or open session. The Chairman shall inform the 
     Committee of any such request.
       3. Closed Session Subjects. A meeting or hearing or portion 
     thereof may be closed if the matters to be discussed concern: 
     (1) national security; (2) Committee staff personnel or 
     internal staff management or procedure; (3) matters tending 
     to reflect adversely on the character or reputation or to 
     invade the privacy of the individuals; (4) Committee 
     investigations; (5) other matters enumerated in Senate Rule 
     XXVI (5)(b).
       4. Confidential Matter. No record made of a closed session, 
     or material declared confidential by a majority of the 
     Committee, or report of the proceedings of a closed session, 
     shall be made public, in whole or in part or by way of 
     summary, unless specifically authorized by the Chairman and 
     Ranking Minority Member.
       5. Broadcasting:
       (a) Control. Any meeting or hearing open to the public may 
     be covered by television, radio, or still photography. Such 
     coverage must be conducted in an orderly and unobtrusive 
     manner, and the Chairman may for good cause terminate such 
     coverage in whole or in part, or take such other action to 
     control it as the circumstances may warrant.
       (b) Request. A witness may request of the Chairman, on 
     grounds of distraction, harassment, personal safety, or 
     physical discomfort, that during his testimony cameras, media 
     microphones, and lights shall not be directed at him.


                        III. Quorums and Voting

       1. Reporting. A majority shall constitute a quorum for 
     reporting a resolution, recommendation or report to the 
     Senate.
       2. Committee Business. A third shall constitute a quorum 
     for the conduct of Committee business, other than a final 
     vote on reporting, providing a minority Member is present. 
     One Member shall constitute a quorum for the receipt of 
     evidence, the swearing of witnesses, and the taking of 
     testimony at hearings.
       3. Polling:
       (a) Subjects. The Committee may poll (1) internal Committee 
     matters including those concerning the Committee's staff, 
     records, and budget; (2) other Committee business which has 
     been designated for polling at a meeting.
       (b) Procedure. The Chairman shall circulate polling sheets 
     to each Member specifying the matter being polled and the 
     time limit for completion of the poll. If any Member so 
     requests in advance of the meeting, the matter shall be held 
     for meeting rather than being polled. The clerk shall keep a 
     record of polls, if the Chairman determines that the polled 
     matter is one of the areas enumerated in Rule II.3, the 
     record of the poll shall be confidential. Any Member may move 
     at the Committee meeting following a poll for a vote on the 
     polled decision.


                           IV. Investigations

       1. Authorization for Investigations. All investigations 
     shall be conducted on a bipartisan basis by Committee staff. 
     Investigations may be initiated by the Committee staff upon 
     the approval of the Chairman and the Ranking Minority Member. 
     Staff shall keep the Committee fully informed of the progress 
     of continuing investigations, except where the Chairman and 
     the Ranking Minority Member agree that there exists temporary 
     cause for more limited knowledge.
       2. Subpoenas. Subpoenas for the attendance of witnesses or 
     the production of memoranda, documents, records, or any other 
     materials shall be issued by the Chairman, or by any other 
     Member of the Committee designated by him. Prior to the 
     issuance of each subpoena, the Ranking Minority Member, and 
     any other Member so requesting, shall be notified regarding 
     the identity of the person to whom the subpoena will be 
     issued and the nature of the information sought, and its 
     relationship to the investigation.
       3. Investigative Reports. All reports containing findings 
     or recommendations stemming from Committee investigations 
     shall be printed only with the approval of a majority of the 
     Members of the Committee.


                              V. Hearings

       1. Notice. Witnesses called before the Committee shall be 
     given, absent extraordinary circumstances, at least forty-
     eight hours notice, and all witnesses called shall be 
     furnished with a copy of these rules upon request.
       2. Oath. All witnesses who testify to matters of fact shall 
     be sworn unless the Committee waives the oath. The Chairman, 
     or any member, may request and administer the oath.
       3. Statement. Witnesses are required to make an 
     introductory statement and shall file 150 copies of such 
     statement with the Chairman or clerk of the Committee at 
     least 72 hours in advance of their appearance, unless the 
     Chairman and Ranking Minority Member determine that there is 
     good cause for a witness's failure to do so. A witness shall 
     be allowed no more than ten minutes to orally summarize their 
     prepared statement.
       4. Counsel:
       (a) A witness's counsel shall be permitted to be present 
     during his testimony at any public or closed hearing or 
     depositions or staff interview to advise such witness of his 
     rights, provided, however, that in the case of any witness 
     who is an officer or employee of the government, or of a 
     corporation or association, the Chairman may rule that 
     representation by counsel from the government, corporation, 
     or association creates a conflict of interest, and that the 
     witness shall be represented by personal counsel not from the 
     government, corporation, or association.
       (b) A witness is unable for economic reasons to obtain 
     counsel may inform the Committee at least 48 hours prior to 
     the witness's appearance, and it will endeavor to obtain 
     volunteer counsel for the witness. Such counsel shall be 
     subject solely to the control of the witness and not the 
     Committee Failure to obtain counsel will not excuse the 
     witness from appearing and testifying.
       5. Transcript. An accurate electronic or stenographic 
     record shall be kept of the testimony of all witnesses in 
     executive and public hearings. Any witness shall be afforded, 
     upon request, the right to review that portion of such 
     record, and for this purpose, a copy of a witness's testimony 
     in public or closed session shall be provided to the witness. 
     Upon inspecting his transcript, within a time limit set by 
     the committee clerk, a witness may request changes in 
     testimony to correct errors of transcription, grammatical 
     errors, and obvious errors of fact, the Chairman or a staff 
     officer designated by him shall rule on such request.
       6. Impugned Persons. Any person who believes that evidence 
     presented, or comment made by a Member or staff, at a public 
     hearing or at a closed hearing concerning which there have 
     been public reports, tends to impugn his character or 
     adversely affect his reputation may:
       (a) file a sworn statement of facts relevant to the 
     evidence or comment, which shall be placed in the hearing 
     record;
       (b) request the opportunity to appear personally before the 
     Committee to testify in his own behalf; and
       (c) submit questions in writing which he requests be used 
     for the cross-examination of other witnesses called by the 
     Committee. The Chairman shall inform the Committee of such 
     requests for appearance or cross-examination. If the 
     Committee so decides; the requested questions, or paraphrased 
     versions or portions of them, shall be put to the other 
     witness by a Member or by staff.
       7. Minority Witnesses. Whenever any hearing is conducted by 
     the Committee, the minority on the Committee shall be 
     entitled, upon request made by a majority of the minority 
     Members to the Chairman, to call witnesses selected by the 
     minority to testify or produce documents with respect to the 
     measure or matter under consideration during at least one day 
     of the hearing. Such request must be made before the 
     completion of the hearing or, if subpoenas are required to 
     call the minority witnesses, no later than three days 
     before the completion of the hearing.
       8. Conduct of Witnesses, Counsel and Members of the 
     Audience. If, during public or executive sessions, a witness, 
     his counsel, or any spectator conducts himself in such a 
     manner as to prevent, impede, disrupt, obstruct, or interfere 
     with the orderly administration of such hearing the Chairman 
     or presiding Member of the Committee present during such 
     hearing may request the Sergeant at Arms of the Senate, his 
     representative or any law enforcement official to eject said 
     person from the hearing room.

[[Page S643]]

                    VI. Depositions and Commissions

       1. Notice. Notices for the taking of depositions in an 
     investigation authorized by the Committee shall be authorized 
     and issued by the Chairman or by a staff officer designated 
     by him. Such notices shall specify a time and place for 
     examination, and the name of the staff officer or officers 
     who will take the deposition. Unless otherwise specified, the 
     deposition shall be in private. The Committee shall not 
     initiate procedures leading to criminal or civil enforcement 
     proceedings for a witness's failure to appear unless the 
     deposition notice was accompanied by a Committee subpoena.
       2. Counsel. Witnesses may be accompanied at a deposition by 
     counsel to advise them of their rights, subject to the 
     provisions of Rule V.4.
       3. Procedure. Witnesses shall be examined upon oath 
     administered by an individual authorized by local law to 
     administer oaths. Questions shall be propounded orally by 
     Committee staff. Objections by the witnesses as to the form 
     of questions shall be noted by the record. If a witness 
     objects to a question and refuses to testify on the basis of 
     relevance or privilege, the Committee staff may proceed with 
     the deposition, or may at that time or at a subsequent time, 
     seek a ruling by telephone or otherwise on the objection from 
     a Member of the Committee. If the Member overrules the 
     objection, he may refer the matter to the Committee or he may 
     order and direct the witness to answer the question, but the 
     Committee shall not initiate the procedures leading to civil 
     or criminal enforcement unless the witness refuses to testify 
     after he has been ordered and directed to answer by a Member 
     of the Committee.
       4. Filing. The Committee staff shall see that the testimony 
     is transcribed or electronically recorded. If it is 
     transcribed, the witness shall be furnished with a copy for 
     review. No later than five days thereafter, the witness shall 
     return a signed copy, and the staff shall enter the changes, 
     if any, requested by the witness in accordance with Rule V.6. 
     If the witness fails to return a signed copy, the staff shall 
     note on the transcript the date a copy was provided and the 
     failure to return it. The individual administering the oath 
     shall certify on the transcript that the witness was duly 
     sworn in his presence, the transcriber shall certify that the 
     transcript is a true record to the testimony, and the 
     transcript shall then be filed with the Committee clerk. 
     Committee staff may stipulate with the witness to changes in 
     this procedure; deviations from the procedure which do not 
     substantially impair the reliability of the record shall not 
     relieve the witness from his obligation to testify 
     truthfully.
       5. Commissions. The Committee may authorize the staff, by 
     issuance of commissions, to fill in prepared subpoenas, 
     conduct field hearings, inspect locations, facilities, or 
     systems of records, or otherwise act on behalf of the 
     Committee. Commissions shall be accompanied by instructions 
     from the Committee regulating their use.


                           VII. Subcommittees

       1. Establishment. The Committee will operate as a Committee 
     of the Whole, reserving to itself the right to establish 
     temporary subcommittees at any time by majority vote. The 
     Chairman of the full Committee and the Ranking Minority 
     Member shall be ex officio Members of all subcommittees.
       2. Jurisdiction. Within its jurisdiction as described in 
     the Standing Rules of the Senate, each subcommittee is 
     authorized to conduct investigations, including use of 
     subpoenas, depositions, and commissions.
       3. Rules. A subcommittee shall be governed by the Committee 
     rules, except that its quorum for all business shall be one-
     third of the subcommittee Membership, and for hearings shall 
     be one Member.


                             VIII. Reports

       Committee reports incorporating Committee findings and 
     recommendations shall be printed only with the prior approval 
     of the Committee, after an adequate period for review and 
     comment. The printing, as Committee documents, of materials 
     prepared by staff for informational purposes, or the printing 
     of materials not originating with the Committee or staff, 
     shall require prior consultation with the minority staff; 
     these publications shall have the following language printed 
     on the cover of the document: ``Note: This document has been 
     printed for informational purposes. It does not represent 
     either findings or recommendations formally adopted by the 
     Committee.''


                         IX. Amendment of Rules

       The rules of the Committee may be amended or revised at any 
     time, provided that not less than a majority of the Committee 
     present so determine at a Committee meeting preceded by at 
     least 3 days notice of the amendments or revisions proposed.

                          ____________________