[Senate Prints 112-19]
[From the U.S. Government Publishing Office]




                                                          S. Prt. 112-19

                         RULES, MEMBERSHIP, AND
                              JURISDICTION

                                 OF THE
                         COMMITTEE ON ENERGY AND
                            NATURAL RESOURCES

                          UNITED STATES SENATE






                                JULY 2011

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






                                                          S. Prt. 112-19

                         RULES, MEMBERSHIP, AND
                              JURISDICTION

                                 OF THE
                         COMMITTEE ON ENERGY AND
                            NATURAL RESOURCES

                          UNITED STATES SENATE






                                JULY 2011

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





                        COMMITTEE ON ENERGY AND

                            NATURAL RESOURCES

                       JEFF BINGAMAN, New Mexico, Chairman

  RON WYDEN,                          LISA MURKOWSKI,
    Oregon                             Alaska

  TIM JOHNSON,                        JOHN BARRASSO,
    South Dakota                       Wyoming

  MARY L. LANDRIEU,                   JAMES E. RISCH,
    Louisiana                           Idaho

  MARIA CANTWELL,                     MIKE LEE,
    Washington                          Utah

  BERNARD SANDERS,                    RAND PAUL,
    Vermont                             Kentucky

  DEBBIE STABENOW,                    DANIEL COATS,
    Michigan                            Indiana

  MARK UDALL,                         ROB PORTMAN,
    Colorado                            Ohio

  JEANNE SHAHEEN,                     JOHN HOEVEN,
    New Hampshire                       North Dakota

  AL FRANKEN,                         DEAN HELLER,
    Minnesota                            Nevada

  JOE MANCHIN, III,                   BOB CORKER,
    West Virginia                      Tennessee

  CHRISTOPHER A. COONS,              
    Delaware                          


                         Robert M. Simon, Staff Director
                          Sam E. Fowler, Chief Counsel
                    McKie Campbell, Republican Staff Director
                   Karen K. Billups, Republican Chief Counsel

                                  (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.
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   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.
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   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.
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   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 postmeridian unless consent therefor 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.
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   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.
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   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) Hearings of any Subcommittee may be called by the Chairman of 
such Subcommittee, Provided, That no Subcommittee 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 hearing.
                       OPEN HEARINGS AND MEETINGS

   Rule 3. (a) All hearings and business meetings of the Committee and 
all the hearings of any of 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 unless a majority of all the Members of the Committee 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 of the Committee or 
Subcommittee 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, nomination, or other matter shall 
be included on the agenda of the next following business meeting of the 
full Committee if a written request for such inclusion has been filed 
with the Chairman of the Committee 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 to include a legislative measure, 
nomination, or other matter on the Committee agenda in the absence of 
such request.
   (b) The agenda for any business meeting of the Committee 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 on matters not included on the public agenda. 
The Staff Director shall promptly notify absent Members of any action 
taken by the Committee on matters not included on the published agenda.
                                 QUORUMS

   Rule 6. (a) Except as provided in subsections (b) and (c), 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) 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 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 or preliminary inquiry unless specifically 
authorized by a majority of all the Members of the Committee.
   (b) A witness called to testify in an investigation or inquiry 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 advise the witness of 
his or her legal rights.
   (c) For purposes of this rule, the terms ``investigation'' and 
``preliminary inquiry'' shall not include a review or study undertaken 
pursuant 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 such 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 Subcommittee 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

Maria Cantwell, Chairman
Ron Wyden
Tim Johnson
Mary L. Landrieu
Bernard Sanders
Mark Udall
Jeanne Shaheen
Al Franken
Joe Manchin, III
Christopher A. Coons

James E. Risch
John Barrasso
Mike Lee
Rand Paul
Daniel Coats
Rob Portman
John Hoeven
Bob Corker

Jeff Bingaman and Lisa Murkowski 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 Republican Members.

     

                      Subcommittee on Public Lands 
                               and Forests

Ron Wyden, Chairman
Tim Johnson
Mary L. Landrieu
Maria Cantwell
Mark Udall
Jeanne Shaheen
Al Franken
Christopher A. Coons

John Barrasso
James E. Risch
Mike Lee
Rand Paul
Rob Portman
John Hoeven
Dean Heller

Jeff Bingaman and Lisa Murkowski 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 Republican Members.

     

                     Subcommittee on National Parks

Mark Udall, Chairman
Mary L. Landrieu
Bernard Sanders
Debbie Stabenow
Al Franken
Joe Manchin, III
Christopher A. Coons

Rand Paul
John Barrasso
Daniel Coats
Rob Portman
Dean Heller
Bob Corker

Jeff Bingaman and Lisa Murkowski 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 Republican Members.

     

                     Subcommittee on Water and Power

Jeanne Shaheen, Chairman
Ron Wyden
Tim Johnson
Maria Cantwell
Bernard Sanders
Debbie Stabenow
Joe Manchin, III

Mike Lee
James E. Risch
Daniel Coats
John Hoeven
Dean Heller
Bob Corker

Jeff Bingaman and Lisa Murkowski 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 Republican Members.
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