[Senate Prints 108-5]
[From the U.S. Government Publishing Office]


                                                     S. Prt. 108-5
 
                         RULES, MEMBERSHIP, AND JURISDICTION


                                  OF THE

                          COMMITTEE ON ENERGY AND

                              NATURAL RESOURCES

                            UNITED STATES SENATE


[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]


FEBRUARY 2003

PRINTED FOR THE USE OF THE COMMITTEE ON
ENERGY AND NATURAL RESOURCES





                 COMMITTEE ON ENERGY AND
                      NATURAL RESOURCES

                 PETE V. DOMENICI, New Mexico, Chairman

DON NICKLES,                                    JEFF BINGAMAN,
  Oklahoma                                       New Mexico
LARRY E. CRAIG,                                 DANIEL K. AKAKA,
  Idaho                                          Hawaii
BEN NIGHTHORSE                                  BYRON L. DORGAN,
    CAMPBELL,                                    North Dakota
  Colorado
CRAIG THOMAS,                                   BOB GRAHAM,
  Wyoming                                        Florida
LAMAR ALEXANDER,                                RON WYDEN,
  Tennessee                                      Oregon
LISA MURKOWSKI,                                 TIM JOHNSON,
  Alaska                                         South Dakota
JAMES M. TALENT,                                MARY L. LANDRIEU,
  Missouri                                       Louisiana
CONRAD BURNS,                                   DIANNE FEISTEIN,
  Montana                                        California
GORDON SMITH,                                   Charles E. Schumer,
  Oregon                                         New York
JIM BUNNING,                                    MARIA CANTWELL,
  Kentucky                                        Washington
JON KYL,                                               
  Arizona                                                

                     Alex Flint, Staff Director
                  James P. Beirne, Chief Counsel
            Robert M. Simon, Democratic Staff Director
              Sam E. Fowler, Democratic Chief Counsel
                     Carol Craft, Chief Clerk

                                     (ii)

  



                   JURISDICTION AND RULES OF THE COMMITTEE
                        ON ENERGY AND NATURAL RESOURCES


                                 ________

EXCERPTS FROM THE STANDING RULES OF THE SENATE

COMMITTEE ON ENERGY AND NATURAL RESOURCES, to which committee shall be 
referred all proposed legislation, messages, petitions, memorials, and 
other matters relating to the following subjects:

1. Coal production, distribution, and utilization.

2. Energy policy.

3. Energy regulation and conservation.

4. Energy related aspects of deepwater ports.

5. Energy research and development.

6. Extraction of minerals from oceans and Outer Continental Shelf lands.

7. Hydroelectric power, irrigation, and reclamation.

8. Mining education and research.

9. Mining, mineral lands, mining claims, and mineral conservation.

10. National parks, recreation areas, wilderness areas, wild and scenic 
rivers, historical sites, military parks and battlefields, and on the 
public domain, preservation of prehistoric ruins and objects of interest.

11. Naval petroleum reserves in Alaska.

12. Nonmilitary development of nuclear energy.

13. Oil and gas production and distribution.

14. Public lands and forests, including farming and grazing thereon, and 
mineral extraction therefrom.

15. Solar energy systems.

16. Territorial possessions of the United States, including trusteeships.

Such committee shall also study and review, on a comprehensive basis, 
matters relating to energy and resources development, and report thereon 
from time to time.

* * *

25.1. The standing committees shall be appointed at the commencement of 
each Congress, and shall continue and have the power to act until their 
successors are appointed, with leave to report by bill or otherwise on 
matters within their respective jurisdictions.

* * *

26.3. Each standing committee (except the Committee on Appropriations) 
shall fix regular weekly, biweekly, or monthly meeting days for the 
transaction of business before the committee and additional meetings may be 
called by the chairman as he may deem necessary. If at least three members 
of any such committee desire that a special meeting of the committee be 
called by the chairman, those members may file in the offices of the 
committee their written request to the chairman for that special meeting. 
Immediately upon the filing of the request, the clerk of the committee 
shall notify the chairman of the filing of the request. If within 3 
calendar days after the filing of the request, the chairman does not call 
the requested special meeting, to be held within 7 calendar days after the 
filing of the request, a majority of the members of the committee may file 
in the offices of the committee their written notice that a special meeting 
of the committee will be held, specifying the date and hour of that special 
meeting. The committee shall meet on that date and hour. Immediately upon 
the filing of the notice, the clerk of the committee shall notify all 
members of the committee that such special meeting will be held and inform 
them of its date and hour. If the chairman of any such committee is not 
present at any regular, additional, or special meeting of the committee, 
the ranking member of the majority party on the committee who is present 
shall preside at that meeting.

* * *

26.5. (a) Notwithstanding any other provision of the rules, when the Senate 
is in session, no committee of the Senate or any subcommittee thereof may 
meet, without special leave, after the conclusion of the first two hours 
after the meeting of the Senate commenced and in no case after two o'clock 
post-meridian unless consent therefore has been obtained from the Majority 
Leader and the Minority Leader (or in the event of the absence of either of 
such Leaders, from his designee). The prohibition contained in the 
preceding sentence shall not apply to the Committee on Appropriations or 
the Committee on the Budget. The Majority Leader or his designee shall 
announce to the Senate whenever consent has been given under this 
subparagraph and shall state the time and place of such meeting. The right 
to make such announcement of consent shall have the same priority as the 
filing of a cloture motion.

* * *

26.6. Morning meetings of committees and subcommittees thereof shall be 
scheduled for one or both of the periods prescribed in this paragraph. The 
first period shall end at eleven o'clock antemeridian. The second period 
shall begin at eleven o'clock antemeridian and end at two o'clock post- 
meridian.

26.7. (a) (1) Except as provided in this paragraph, each committee, and 
each subcommittee thereof is authorized to fix the number of its members 
(but not less than one-third of its entire membership) who shall constitute 
a quorum thereof for the transaction of such business as may be considered 
by said committee, except that no measure or matter or recommendation shall 
be reported from any committee unless a majority of the committee were 
physically present.

(2) Each such committee, or subcommittee, is authorized to fix a lesser 
number than one-third of its entire membership who shall constitute a 
quorum thereof for the purpose of taking sworn testimony.

(3) The vote of any committee to report a measure or matter shall require 
the concurrence of a majority of the members of the committee who are 
present. No vote of any member of any committee to report a measure or 
matter may be cast by proxy if rules adopted by such committee forbid the 
casting of votes for that purpose of proxy; however, proxies may not be 
voted when the absent committee member has not been informed of the matter 
on which he is being recorded and has not affirmatively requested that he 
be so recorded. Action by any committee in reporting any measure or matter 
in accordance with the requirements of this subparagraph shall constitute 
the ratification by the committee of all action theretofore taken by the 
committee with respect to that measure or matter, including votes taken 
upon the measure or matter of any amendment thereto, and no point of order 
shall lie with respect to that measure or matter on the ground that such 
previous action with respect thereto by such committee was not taken in 
compliance with such requirements.

(b) Each committee (except the Committee on Appropriations) shall keep a 
complete record of all committee action. Such record shall include a record 
of the votes on any question on which a record vote is demanded. The 
results of rollcall votes taken in any meeting of any committee upon any 
measure, or any amendment thereto, shall be announced in the committee 
report on that measure unless previously announced by the committee, and 
such announcement shall include a tabulation of the votes cast in favor of 
and the votes cast in opposition to each such measure and amendment by each 
member of the committee who was present at that meeting.

(c) Whenever any committee by rollcall vote reports any measure or matter, 
the report of the committee upon such measure or matter shall include a 
tabulation of the votes cast by each member of the committee in favor of 
and in opposition to such measure or matter. Nothing contained in this 
subparagraph shall abrogate the power of any committee to adopt rules:

  (1) providing for proxy voting on all matters other than the reporting of 
a measure or matter, or

  (2) providing in accordance with subparagraph (a) for a lesser number as 
a quorum for any action other than the reporting of a measure or matter.

* * *

26.10. (b) It shall be the duty of the chairman of each committee to report 
or cause to be reported promptly to the Senate any measure approved by his 
committee and to take or cause to be taken necessary steps to bring the 
matter to a vote. In any event, the report of any committee upon a measure 
which has been approved by the committee shall be filed within 7 calendar 
days (exclusive of days on which the Senate is not in session) after the 
day on which there has been filed with the clerk of the committee a written 
and signed request of a majority of the committee for the reporting of that 
measure. Upon the filing of any such request, the clerk of the committee 
shall transmit immediately to the chairman of the committee notice of the 
filing of that request. This subparagraph does not apply to the Committee 
on Appropriations.

(c) If at the time of approval of a measure or matter by any committee 
(except for the Committee on Appropriations), any member of the committee 
gives notice of intention to file supplemental, minority, or additional 
views, that member shall be entitled to not less than 3 calendar days in 
which to file such views, in writing, with the clerk of the committee. All 
such views so filed by one or more members of the committee shall be 
included within, and shall be a part of, the report filed by the committee 
with respect to that measure or matter. The report of the committee upon 
that measure or matter shall be printed in a single volume which--

  (1) shall include all supplemental, minority, or additional views which 
have been submitted by the time of the filing of the report, and

  (2) shall bear upon its cover a recital that supplemental, minority, or 
additional views are included as part of the report.

                 This subparagraph does not preclude--

  (A) the immediate filing and printing of a committee report unless timely 
request for the opportunity to file supplemental, minority, or additional 
views has been made as provided by this subparagraph; or

  (B) the filing by any such committee of any supplemental report upon any 
measure or matter which may be required for the correction of any technical 
error in a previous report made by that committee upon that measure or 
matter.

  

RULES OF THE SENATE COMMITTEE ON

ENERGY AND NATURAL RESOURES

GENERAL RULES

Rule 1. The Standing Rules of the Senate, as supplemented by these rules, 
are adopted as the rules of the Committee and its Subcommittees.

MEETINGS OF THE COMMITTEE

Rule 2. (a) The Committee shall meet on the third Wednesday of each month 
while the Congress is in session for the purpose of conducting business, 
unless, for the convenience of Members, the Chairman shall set some other 
day for a meeting. Additional meetings may be called by the Chairman as he 
may deem necessary.

(b) Business meetings of any Subcommittee may be called by the Chairman of 
such Subcommittee, Provided, That no Subcommittee meeting or hearing other 
than a field hearing, shall be scheduled or held concurrently with a full 
Committee meeting or hearing, unless a majority of the Committee concurs in 
such concurrent meeting or hearing.

OPEN HEARINGS AND MEETINGS

Rule 3. (a) All hearings and business meetings of the Committee and its 
Subcommittees shall be open to the public unless the Committee or 
Subcommittee involved, by majority vote of all the Members of the Committee 
or such Subcommittee, orders the hearing or meeting to be closed in 
accordance with paragraph 5(b) of Rule XXVI of the Standing Rules of the 
Senate.

(b) A transcript shall be kept of each hearing of the Committee or any 
Subcommittee.

(c) A transcript shall be kept of each business meeting of the Committee or 
any Subcommittee unless a majority of all the Members of the Committee or 
the Subcommittee involved agrees that some other form of permanent record 
is preferable.

HEARING PROCEDURE

Rule 4. (a) Public notice shall be given of the date, place, and subject 
matter of any hearing to be held by the Committee or any Subcommittee at 
least one week in advance of such hearing unless the Chairman of the full 
Committee or the Subcommittee involved determines that the hearing is non-
controversial or that special circumstances require expedited procedures 
and a majority of all the Members of the Committee or the Subcommittee 
involved concurs. In no case shall a hearing be conducted with less than 
twenty-four hours notice. Any document or report that is the subject of a 
hearing shall be provided to every Member of the Committee or Subcommittee 
involved at least 72 hours before the hearing unless the Chairman and 
Ranking Member determine otherwise.

(b) Each witness who is to appear before the Committee or any Subcommittee 
shall file with the Committee or Subcommittee, at least 24 hours in advance 
of the hearing, a written statement of his or her testimony in as many 
copies as the Chairman of the Committee or Subcommittee prescribes.

(c) Each member shall be limited to five minutes in the questioning of any 
witness until such time as all Members who so desire have had an 
opportunity to question the witness.

(d) The Chairman and Ranking Minority Member or the ranking Majority and 
Minority Members present at the hearing may each appoint one Committee 
staff member to question each witness. Such staff member may question the 
witness only after all Members present have completed their questioning of 
the witness or at such other time as the Chairman and the ranking Majority 
and Minority Members present may agree. No staff member may question a 
witness in the absence of a quorum for the taking of testimony.

BUSINESS MEETING AGENDA

Rule 5. (a) A legislative measure, momination, or other matter shall be 
included on the agenda of the next following business meeting of the full 
Committee or any Subcommittee if a written request for such inclusion has 
been filed with the Chairman of the Committee or Subcommittee at least one 
week prior to such meeting. Nothing in this rule shall be construed to 
limit the authority of the Chairman of the Committee or Subcommittee to 
include a legislative measure, nomination, or other matter on the Committee 
or Subcommittee agenda in the absence of such request.

(b) The agenda for any business meeting of the Committee or any 
Subcommittee shall be provided to each Member and made available to the 
public at least three days prior to such meeting, and no new items may be 
added after the agenda is so published except by the approval of a majority 
of all the Members of the Committee or Subcommittee. The Staff Director 
shall promptly notify absent Members of any action taken by the Committee 
or any Subcommittee on matters not included on the published agenda.

QUORUMS

Rule 6. (a) Except as provided in subsections (b), (c), and (d), eight 
Members shall constitute a quorum for the conduct of business of the 
Committee.

(b) No measure or matter shall be ordered reported from the Committee 
unless twelve Members of the Committee are actually present at the time 
such action is taken.

(c) Except as provided in subsection (d), one-third of the Subcommittee 
Members shall constitute a quorum for the conduct of business of any 
Subcommittee.

(d) One Member shall constitute a quorum for the purpose of conducting a 
hearing or taking testimony on any measure or matter before the Committee 
or any Subcommittee.

VOTING

Rule 7. (a) A rollcall of the Members shall be taken upon the request on 
any Member. Any Member who does not vote on any rollcall at the time the 
roll is called, may vote (in person or by proxy) on that rollcall at any 
later time during the same business meeting.

(b) Proxy voting shall be permitted on all matters, except that proxies may 
not be counted for the purpose of determining the presence of a quorum. 
Unless further limited, a proxy shall be exercised only upon the date for 
which it is given and upon the items published in the agenda for that date.

(c) Each Committee report shall set forth the vote on the motion to report 
the measure or matter involved. Unless the Committee directs otherwise, the 
report will not set out any votes on amendments offered during Committee 
consideration. Any Member who did not vote on any rollcall shall have the 
opportunity to have his position recorded in the appropriate Committee 
record or Committee report.

(d) The Committee vote to report a measure to the Senate shall also 
authorize the staff of the Committee to make necessary technical and 
clerical corrections in the measure.

SUBCOMMITTEES

Rule 8. (a) The number of Members assigned to each Subcommittee and the 
division between Majority and Minority Members shall be fixed by the 
Chairman in consultation with the ranking Minority Member.

(b) Assignment of Members to Subcommittees shall, insofar as possible, 
reflect the preferences of the Members. No Member will receive assignment 
to a second Subcommittee until, in order of seniority, all Members of the 
Committee have chosen assignments to one Subcommittee, and no Member shall 
receive assignment to a third Subcommittee until, in order of seniority, 
all Members have chosen assignments to two Subcommittees.

(c) Any Member of the Committee may sit with any Subcommittee during its 
hearings and business meetings but shall not have the authority to vote on 
any matters before the Subcommittee unless he is a Member of such 
Subcommittee.

NOMINATIONS

Rule 9. At any hearing to confirm a Presidential nomination, the testimony 
of the nominee and, at the request of any Member, any other witness shall 
be under oath. Every nominee shall submit a statement of his financial 
interests, including those of his spouse, his minor children, and other 
members of his immediate household, on a form approved by the Committee, 
which shall be sworn to by the nominee as to its completeness and accuracy. 
A statement of every nominee's financial interest shall be made available 
to the public on a form approved by the Committee, unless the Committee in 
executive session determines that special circumstances require a full or 
partial exception to this rule.

INVESTIGATIONS

Rule 10. (a) Neither the Committee nor any of its Subcommittees may 
undertake an investigation unless specifically authorized by a majority of 
all the Members of the Committee.

(b) A witness called to testify in an investigation shall be informed of 
the matter or matters under investigation, given a copy of these rules, 
given the opportunity to make a brief and relevant oral statement before or 
after questioning, and be permitted to have counsel of his or her choosing 
present during his or her testimony at any public or closed hearing, or at 
any unsworn interview, to advice the witness of his or her legal rights.

(c) For purposes of this rule, the term ``investigation'' shall not include 
a review or study undertaken purusant to paragraph 8 of Rule XXVI of the 
Standing Rules of the Senate or an initial review of any allegation of 
wrongdoing intended to determine whether there is substantial credible 
evidence that would warrant a preliminary inquiry or an investigation.

SWORN TESTIMONY

Rule 11. Witnesses in Committee or Subcommittee hearings may be required to 
give testimony under oath whenever the Chairman or Ranking Minority Member 
of the Committee or Subcommittee deems such to be necessary. If one or more 
witnesses at a hearing are required to testify under oath, all witnesses at 
that hearing shall be required to testify under oath.

SUBPOENAS

Rule 12. No subpoena for the attendance of a witness or for the production 
of any document, memorandum, record, or other material may be issued unless 
authorized by a majority of all the Members of the Committee, except that a 
resolution adopted pursuant to Rule 10(a) may authorize the Chairman, with 
the concurrence of the Ranking Minority Member, to issue subpoenas within 
the scope of the authorized investigation.

CONFIDENTIAL TESTIMONY

Rule 13. No confidential testimony taken by or any report of the 
proceedings of a closed Committee or any Subcommittee, or any report of the 
proceedings of a closed Committee or Subcommittee hearing or business 
meeting, shall be made public, in whole or in part or by way of summary, 
unless authorized by a majority of all the Members of the Committee at a 
business meeting called for the purpose of making such a determination.

DEFAMATORY STATEMENTS

Rule 14. Any person whose name is mentioned or who is specifically 
identified in, or who believes that testimony or other evidence presented 
at, an open Committee or Subcommittee hearing tends to defame him or 
otherwise adversely affect his reputation may file with the Committee for 
its consideration and action a sworn statement of facts relevant to such 
testimony or evidence.

BROADCASTING OF HEARINGS OR MEETINGS

Rule 15. Any meeting or hearing by the Committee or any Subcommittee which 
is open to the public may be covered in whole or in part by television 
broadcast, radio broadcast, or still photography. Photographers and 
reporters using mechanical recording, filming, or broadcasting devices 
shall position their equipment so as not to interfere with the seating, 
vision, and hearing of Members and staff on the dais or with the orderly 
process of the meeting or hearing.

AMENDING THE RULES

Rule 16. These rules may be amended only by vote of a majority of all the 
Members of the Committee in a business meeting of the Committee: Provided, 
That no vote may be taken on any proposed amendment unless such amendment 
is reproduced in full in the Committee agenda for such meeting at least 
three days in advance of such meeting.

  

FULL COMMITTEE ISSUES

Jurisdiction of the Full Committee includes oversight and legislative 
responsibilities for: National Energy Policy, including international 
energy affairs and emergency preparedness; nuclear waste policy; 
privatization of federal assets; territorial policy (including changes in 
status and issues affecting Antarctica); Native Hawaiian matters; and Ad 
Hoc issues. [In addition, other issues are retained in the Full Committee 
on an ad hoc basis. Generally, these are issues which (1) require extremely 
expeditious handling or (2) substantially overlap two or more subcommittee 
jurisdictions, or (3) are of exceptional national significance in which all 
Members wish to participate fully.]

  

MEMBERSHIP AND JURISDICTION OF

SUBCOMMITTEES

Subcommittee on Energy

                       Lamar Alexander, Chairman
                       Don Nickles, Vice Chairman
                            James M. Talent
                              Jim Bunning
                              Craig Thomas
                             Lisa Murkowski
                             Larry E. Craig
                              Conrad Burns

                               Bob Graham
                            Daniel K. Akaka
                              Tim Johnson
                            Mary L. Landrieu
                               Evan Bayh
                           Charles E. Schumer
                             Maria Cantwell

   Pete V. Domenici and Jeff Bingaman are Ex Officio Members of the 
                              Subcommittee

Jurisdiction of the Subcommittee includes oversight and legislative 
responsibilities for: nuclear, coal and synthetic fuels research and 
development; nuclear and non-nuclear energy commercialization projects; 
nuclear fuel cycle policy; DOE National Laboratories; global climate 
change; new technologies research and development; nuclear facilities 
siting and insurance program; commercialization of new technologies 
including, solar energy systems; Federal energy conservation programs; 
energy information; liquefied natural gas projects; oil and natural gas 
regulation; refinery policy; coal conversion; utility policy; strategic 
petroleum reserves; regulation of Trans-Alaska Pipeline System and other 
oil and gas pipeline transportation systems within Alaska Arctic research 
and energy development; and oil, gas and coal production and distribution.

Italic denotes Democratic Members.

  

Subcommittee on Public Lands and Forests

                        Larry E. Craig, Chairman
                      Conrad Burns, Vice Chairman
                              Gordon Smith
                                Jon Kyl
                        Ben Nighthorse Campbell
                            Lamar Alexander
                             Lisa Murkowski
                            James M. Talent

                               Ron Wyden
                            Daniel K. Akaka
                            Byron L. Dorgan
                              Tim Johnson
                            Mary L. Landrieu
                               Evan Bayh
                            Dianne Feinstein

   Pete V. Domenici and Jeff Bingaman are Ex Officio Members of the 
                              Subcommittee

Jurisdiction of the Subcommittee includes oversight and legislative 
responsibilities for: public lands administered by the Bureau of Land 
Management and U.S. Forest Service including farming and grazing thereon, 
and wilderness areas; establishment of wildlife refuges on public lands and 
wilderness designation therein; military land withdrawals; reserved water 
rights; Alaska Native Claims Settlement Act; territorial affairs; national 
mining and minerals policy and general mining laws; surface mining, 
reclamation and enforcement; mining education and research; Federal mineral 
leasing; Outer Continental Shelf leasing; Naval oil shale reserves; 
National Petroleum Reserve--Alaska; and deep seabed mining.

Italic denotes Democratic Members.

  

Subcommittee on National Parks

                         Craig Thomas, Chairman
                       Don Nickles, Vice Chairman
                        Ben Nighthorse Campbell
                            Lamar Alexander
                              Conrad Burns
                              Gordon Smith
                                Jon Kyl

                            Daniel K. Akaka
                            Byron L. Dorgan
                               Bob Graham
                            Mary L. Landrieu
                               Evan Bayh
                           Charles E. Schumer

   Pete V. Domenici and Jeff Bingaman are Ex Officio Members of the 
                              Subcommittee

Jurisdiction of the Subcommittee includes oversight and legislative 
responsibilities for: National Park System; Wild and Scenic Rivers System; 
National Trails System; national recreation areas; national monuments; 
historic sites; military parks and battlefields; Land and Water 
Conservation Fund; historic preservation; outdoor recreation resources; and 
preservation of prehistoric ruins and objects of interest on the public 
domain.

Italic denotes Democratic Members.

  

Subcommittee on Water and Power

                        Lisa Murkowski, Chairman
                 Ben Nighthorse Campbell, Vice Chairman
                              Gordon Smith
                                Jon Kyl
                             Larry E. Craig
                            James M. Talent
                              Jim Bunning
                              Craig Thomas

                            Byron H. Dorgan
                               Bob Graham
                               Ron Wyden
                              Tim Johnson
                            Dianne Feinstein
                           Charles E. Schumer
                             Maria Cantwell

   Pete V. Domenici and Jeff Bingaman are Ex Officio Members of the 
                              Subcommittee

Jurisdiction of the Subcommittee includes oversight and legislative 
responsibilities for: irrigation; reclamation projects, including related 
flood control purposes; power marketing administrations (e.g., Bonneville 
Power, Southwestern Power, Western Area Power, Southeastern Power); energy 
development impacts on water resources; groundwater resources and 
management; hydroelectric power; low head hydro; and energy related aspects 
of deepwater ports.

Italic denotes Democratic Members.
