[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.