[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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