[Congressional Record Volume 157, Number 24 (Tuesday, February 15, 2011)]
[Senate]
[Pages S740-S741]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




             SPECIAL COMMITTEE ON AGING RULES OF PROCEDURE

  Mr. KOHL. Mr. President, I ask unanimous consent that the Special 
Committee on Aging rules for the 112th Congress be 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, Sec. 104, 95th Congress, 1st Session (1977) \1\
       (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 affect 
     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 the 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 the 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 than once 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 serve 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, 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

                        I. Convening of Meetings

       1. Meetings. The Committee shall meet to conduct Committee 
     business at the call of the Chairman. The Members of the 
     Committee may call additional meetings as provided in Senate 
     Rule XXVI (3).
       2. Notice and Agenda:
       (a) Written Notice. 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.
       (b) Shortened Notice. A 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 meeting on shortened notice. An agenda 
     will be furnished prior to such a meeting.
       3. Presiding Officer. The Chairman shall preside when 
     present. If the Chairman is not present at any meeting, the 
     Ranking Majority Member present shall preside.

                       II. Convening of Hearings

       1. Notice. The Committee shall make public announcement of 
     the date, place and subject matter of any hearing at least 
     one week before its commencement. A hearing 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 on shortened notice.
       2. Presiding Officer. The Chairman shall preside over the 
     conduct of a hearing when present, or, whether present or 
     not, may delegate authority to preside to any Member of the 
     Committee.
       3. Witnesses. 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.
       4. 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.
       5. Testimony. At least 72 hours in advance of a hearing, 
     each witness who is to appear before the Committee shall 
     submit his or her testimony by way of electronic mail, in a 
     format determined by the Committee and sent to an electronic 
     mail address specified by the Committee, 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 his or 
     her prepared statement. Officials of the federal government 
     shall file 100 copies of such statement with the clerk of the 
     Committee 72 hours in advance of their appearance, unless the 
     Chairman and the Ranking Minority Member determine there is 
     good cause for noncompliance.
       6. Counsel. 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 or her 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.
       7. Transcript. An accurate electronic or stenographic 
     record shall be kept of the testimony of all witnesses in 
     closed sessions 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 or her 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.
       8. 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 or her character or 
     adversely affect his or her reputation may:
       (a) file a sworn statement of facts relevant to the 
     evidence or comment, which shall be placed in the hearing 
     record; and
       (b) request the opportunity to appear personally before the 
     Committee to testify in his or her own behalf.
       9. Minority Witnesses. Whenever any hearing is conducted by 
     the Committee, the Ranking Member shall be entitled to call 
     at least one witness to testify or produce documents with 
     respect to the measure or matter under consideration at 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 
     hearing.
       10. Conduct of Witnesses, Counsel and Members of the 
     Audience. If, during public or executive sessions, a witness, 
     his or her counsel, or any spectator conducts him or herself 
     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.

            III. 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 Committee investigations or matters enumerated in 
     Senate Rule XXVI(5)(b). Immediately after such discussion, 
     the meeting or hearing or portion thereof 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

[[Page S741]]

     hours in advance for his or her examination to be in closed 
     or open session. The Chairman shall inform the Committee of 
     any such request.
       3. 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.

                            IV. Broadcasting

       1. 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.
       2. Request. A witness may request of the Chairman, on 
     grounds of distraction, harassment, personal safety, or 
     physical discomfort, that during his or her testimony 
     cameras, media microphones, and lights shall not be directed 
     at him or her.

                         V. 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.
       3. Hearings. One Member shall constitute a quorum for the 
     receipt of evidence, the swearing of witnesses, and the 
     taking of testimony at hearings.
       4. 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 III(1), the 
     record of the poll shall be confidential. Any Member may 
     request a Committee meeting following a poll for a vote on 
     the polled decision.

                           VI. 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.

                    VII. 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 II(6).
       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 or she may refer the matter to the Committee or 
     the Member 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 or she 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 
     II(7). 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 or her 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 or her 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.

                          VIII. 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.

                              IX. Reports

       Committee reports incorporating Committee findings and 
     recommendations shall be printed only with the prior approval 
     of a majority 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.''

                         X. 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.


                                endnote

       \1\ As amended by S. Res. 78. 95th Cong., 1st Sess. (1977), 
     S. Res. 376, 95th Cong., 2d Sess. (1978), S. Res. 274, 96th 
     Cong., 1st Sess. (1979), S. Res. 389, 96th Cong., 2d Sess. 
     (1980).

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