[Senate Prints 117-4]
[From the U.S. Government Publishing Office]




117th Congress  }                                             {   S. Prt
                              COMMITTEE PRINT                      
1st Session     }                                             {   117-4
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                           RULES OF PROCEDURE
                                     

                                 OF THE

                              COMMITTEE ON

                      ENVIRONMENT AND PUBLIC WORKS

                          UNITED STATES SENATE



[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]                                     



                        adopted February 9, 2021

 Printed for the use of the Senate Committee on Environment and Public 
                                 Works
                                 
                                 
                                 
                           ______                    


              U.S. GOVERNMENT PUBLISHING OFFICE 
43-340 PDF            WASHINGTON : 2021                                  
                                 


               COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS

            one hundred seventeenth congress, first session

                  THOMAS R. CARPER, Delaware, Chairman

          SHELLEY MOORE CAPITO, West Virginia, Ranking Member

BENJAMIN L. CARDIN, Maryland         JAMES M. INHOFE, Oklahoma
BERNARD SANDERS, Vermont             KEVIN CRAMER, North Dakota
SHELDON WHITEHOUSE, Rhode Island     CYNTHIA M. LUMMIS, Wyoming
JEFF MERKLEY, Oregon                 RICHARD SHELBY, Alabama
EDWARD J. MARKEY, Massachusetts      JOHN BOOZMAN, Arkansas
TAMMY DUCKWORTH, Illinois            ROGER WICKER, Mississippi
DEBBIE STABENOW, Michigan            DAN SULLIVAN, Alaska
MARK KELLY, Arizona                  JONI ERNST, Iowa
ALEX PADILLA, California             LINDSEY O. GRAHAM, South Carolina

             Mary Frances Repko, Democratic Staff Director

               Adam Tomlinson, Republican Staff Director



                                  (ii)
                                  
               COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS

                              Jurisdiction

                 Rule XXV, Standing Rules of the Senate

    1. The following 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:

           *       *       *       *       *       *       *

    (h)(1) Committee on Environment and Public Works, to which 
committee shall be referred all proposed legislation, messages, 
petitions, memorials, and other matters relating to the 
following subjects:
     1. Air pollution.
     2. Construction and maintenance of highways.
     3. Environmental aspects of Outer Continental Shelf lands.
     4. Environmental effects of toxic substances, other than 
pesticides.
     5. Environmental policy.
     6. Environmental research and development.
     7. Fisheries and wildlife.
     8. Flood control and improvements of rivers and harbors, 
including environmental aspects of deepwater ports.
     9. Noise pollution.
    10. Nonmilitary environmental regulation and control of 
nuclear energy.
    11. Ocean dumping.
    12. Public buildings and improved grounds of the United 
States generally, including Federal buildings in the District 
of Columbia.
    13. Public works, bridges, and dams.
    14. Regional economic development.
    15. Solid waste disposal and recycling.
    16. Water pollution.
    17. Water resources.
    (2) Such committee shall also study and review, on a 
comprehensive basis, matters relating to environmental 
protection and resource utilization and conservation, and 
report thereon from time to time.
                           RULES OF PROCEDURE


                 Rule 1. Committee Meetings in General

    (a) Regular Meeting Days: For purposes of complying with 
paragraph 3 of Senate Rule XXVI, the regular meeting day of the 
committee is the first and third Thursday of each month at 
10:00 a.m. If there is no business before the committee, the 
regular meeting shall be omitted.
    (b) Additional Meetings: The chair may call additional 
meetings, after consulting with the ranking minority member. 
Subcommittee chairs may call meetings, with the concurrence of 
the chair, after consulting with the ranking minority members 
of the subcommittee and the committee.
    (c) Presiding Officer:
          (1) The chair shall preside at all meetings of the 
        committee. If the chair is not present, the ranking 
        member shall preside. If neither the chair nor the 
        ranking member is present, the responsibility for 
        presiding shall alternate between the parties, 
        beginning with the chair's party and based on 
        seniority.
          (2) Subcommittee chairs shall preside at all meetings 
        of their subcommittees. If the subcommittee chair is 
        not present, the ranking majority member of the 
        subcommittee shall preside.
          (3) Notwithstanding the rule prescribed by paragraphs 
        (1) and (2), any member of the committee may preside at 
        a hearing.
    (d) Open Meetings: Meetings of the committee and 
subcommittees, including hearings and business meetings, are 
open to the public. A portion of a meeting may be closed to the 
public if the committee determines by roll call vote of a 
majority of the members present that the matters to be 
discussed or the testimony to be taken--
          (1) will disclose matters necessary to be kept secret 
        in the interests of national defense or the 
        confidential conduct of the foreign relations of the 
        United States;
          (2) relate solely to matters of committee staff 
        personnel or internal staff management or procedure; or
          (3) constitute any other grounds for closure under 
        paragraph 5(b) of Senate Rule XXVI.
    (e) Broadcasting:
          (1) Public meetings of the committee or a 
        subcommittee may be televised, broadcast, or recorded 
        by a member of the Senate press gallery or an employee 
        of the Senate.
          (2) Any member of the Senate Press Gallery or 
        employee of the Senate wishing to televise, broadcast, 
        or record a committee meeting must notify the staff 
        director or the staff director's designee by 5:00 p.m. 
        the day before the meeting.
          (3) During public meetings, any person using a 
        camera, microphone, or other electronic equipment may 
        not position or use the equipment in a way that 
        interferes with the seating, vision, or hearing of 
        committee members or staff on the dais, or with the 
        orderly process of the meeting.

                            Rule 2. Quorums

    (a) Business Meetings: At committee business meetings, and 
for the purpose of approving the issuance of a subpoena or 
approving a committee resolution, six members of the committee, 
at least three of whom are members of the minority party, 
constitute a quorum, except as provided in subsection (d).
    (b) Subcommittee Meetings: At subcommittee business 
meetings, a majority of the subcommittee members, at least one 
of whom is a member of the minority party, constitutes a quorum 
for conducting business.
    (c) Continuing Quorum: Once a quorum as prescribed in 
subsections (a) and (b) has been established, the committee or 
subcommittee may continue to conduct business.
    (d) Reporting: No measure or matter may be reported to the 
Senate by the committee unless a majority of committee members 
cast votes in person.
    (e) Hearings: One member constitutes a quorum for 
conducting a hearing.

                            Rule 3. Hearings

    (a) Announcements: Before the committee or a subcommittee 
holds a hearing, the chair of the committee or subcommittee 
shall, after consultation with the ranking member, make a 
public announcement and provide notice to members of the date, 
place, time, and subject matter of the hearing. The 
announcement and notice shall be issued at least one week in 
advance of the hearing, unless the chair of the committee or 
subcommittee, with the concurrence of the ranking minority 
member of the committee or subcommittee, determines that there 
is good cause to provide a shorter period, in which event the 
announcement and notice shall be issued at least twenty-four 
hours in advance of the hearing. The chair and the ranking 
member shall seek to attain an equal balance of the two parties 
when selecting subjects for and scheduling hearings.
    (b) Statements of Witnesses:
          (1) A witness who is scheduled to testify at a 
        hearing of the committee or a subcommittee shall file 
        100 copies of the written testimony at least 48 hours 
        before the hearing. If a witness fails to comply with 
        this requirement, the presiding officer may preclude 
        the witness' testimony. This rule may be waived for 
        field hearings, except for witnesses from the Federal 
        Government.
          (2) Any witness planning to use at a hearing any 
        exhibit such as a chart, graph, diagram, photo, map, 
        slide, or model must submit one identical copy of the 
        exhibit (or representation of the exhibit in the case 
        of a model) and 100 copies reduced to letter or legal 
        paper size at least 48 hours before the hearing. Any 
        exhibit described above that is not provided to the 
        committee at least 48 hours prior to the hearing cannot 
        be used for purpose of presenting testimony to the 
        committee and will not be included in the hearing 
        record.
          (3) The presiding officer at a hearing may have a 
        witness confine the oral presentation to a summary of 
        the written testimony.
          (4) For any hearing, both the chair and the ranking 
        member are entitled to an equal number of non-federal 
        government witnesses.
          (5) Notwithstanding a request that a document be 
        embargoed, any document that is to be discussed at a 
        hearing, including, but not limited to, those produced 
        by the General Accounting Office, Congressional Budget 
        Office, Congressional Research Service, a Federal 
        agency, an Inspector General, or a nongovernmental 
        entity, shall be provided to all members of the 
        committee at least 72 hours before the hearing.

       Rule 4. Business Meetings: Notice and Filing Requirements

    (a) Notice: The chair of the committee or the subcommittee 
shall, after consultation with the ranking member of the 
committee or the subcommittee, provide notice, the agenda of 
business to be discussed, and the text of agenda items to 
members of the committee or subcommittee at least 72 hours 
before a business meeting. If the 72 hours falls over a 
weekend, all materials will be provided by close of business on 
Friday. The chair and the ranking member shall seek to attain 
an equal balance of the interests of the two parties when 
setting the agenda of business meetings.
    (b) Amendments: First-degree amendments must be filed with 
the chair of the committee or the subcommittee at least 24 
hours before a business meeting. After the filing deadline, the 
chair shall promptly distribute all filed amendments to the 
members of the committee or subcommittee.
    (c) Modifications: The chair of the committee or the 
subcommittee may modify the notice and filing requirements to 
meet special circumstances, with the concurrence of the ranking 
member of the committee or subcommittee.

                   Rule 5. Business Meetings: Voting

    (a) Proxy Voting:
          (1) Proxy voting is allowed on all measures, 
        amendments, resolutions, or other matters before the 
        committee or a subcommittee.
          (2) A member who is unable to attend a business 
        meeting may submit a proxy vote on any matter, in 
        writing, orally, or through personal instructions.
          (3) A proxy given in writing is valid until revoked. 
        A proxy given orally or by personal instructions is 
        valid only on the day given.
    (b) Subsequent Voting: Members who were not present at a 
business meeting and were unable to cast their votes by proxy 
may record their votes later, so long as they do so that same 
business day and their vote does not change the outcome.
    (c) Public Announcement:
          (1) Whenever the committee conducts a rollcall vote, 
        the chair shall announce the results of the vote, 
        including a tabulation of the votes cast in favor and 
        the votes cast against the proposition by each member 
        of the committee.
          (2) Whenever the committee reports any measure or 
        matter by rollcall vote, the report shall include a 
        tabulation of the votes cast in favor of and the votes 
        cast in opposition to the measure or matter by each 
        member of the committee.

                         Rule 6. Subcommittees

    (a) Regularly Established Subcommittees: The committee has 
four subcommittees: Transportation and Infrastructure; Clean 
Air, Climate and Nuclear Safety; Chemical Safety, Waste 
Management, Environmental Justice and Regulatory Oversight; and 
Fisheries, Water, and Wildlife.
    (b) Membership: The committee chair, after consulting with 
the ranking minority member, shall select members of the 
subcommittees.

          Rule 7. Statutory Responsibilities and Other Matters

    (a) Environmental Impact Statements: No project or 
legislation proposed by any executive branch agency may be 
approved or otherwise acted upon unless the committee has 
received a final environmental impact statement relative to it, 
in accordance with section 102(2)(C) of the National 
Environmental Policy Act, and the written comments of the 
Administrator of the Environmental Protection Agency, in 
accordance with section 309 of the Clean Air Act. This rule is 
not intended to broaden, narrow, or otherwise modify the class 
of projects or legislative proposals for which environmental 
impact statements are required under section 102(2)(C).
    (b) Project Approvals:
          (1) Whenever the committee authorizes a project under 
        Public Law 89-298, the Rivers and Harbors Act of 1965; 
        Public Law 83-566, the Watershed Protection and Flood 
        Prevention Act; or Public Law 86-249, the Public 
        Buildings Act of 1959, as amended; the chairman shall 
        submit for printing in the Congressional Record, and 
        the committee shall publish periodically as a committee 
        print, a report that describes the project and the 
        reasons for its approval, together with any dissenting 
        or individual views.
          (2) Proponents of a committee resolution shall submit 
        appropriate evidence in favor of the resolution.
    (c) Building Prospectuses:
          (1) When the General Services Administration submits 
        a prospectus, pursuant to section 7(a) of the Public 
        Buildings Act of 1959, as amended, for construction 
        (including construction of buildings for lease by the 
        government), alteration and repair, or acquisition, the 
        committee shall act with respect to the prospectus 
        during the same session in which the prospectus is 
        submitted.
          A prospectus rejected by majority vote of the 
        committee or not reported to the Senate during the 
        session in which it was submitted shall be returned to 
        the General Services Administration and must then be 
        resubmitted in order to be considered by the committee 
        during the next session of the Congress.
          (2) A report of a building project survey submitted 
        by the General Services Administration to the committee 
        under section 11(b) of the Public Buildings Act of 
        1959, as amended, may not be considered by the 
        committee as being a prospectus subject to approval by 
        committee resolution in accordance with section 7(a) of 
        that Act. A project described in the report may be 
        considered for committee action only if it is submitted 
        as a prospectus in accordance with section 7(a) and is 
        subject to the provisions of paragraph (1) of this 
        rule.
    (d) Naming Public Facilities: The committee may not name a 
building, structure or facility for any living person, except 
former Presidents or former Vice Presidents of the United 
States, former Members of Congress over 70 years of age, former 
Justices of the United States Supreme Court over 70 years of 
age, or Federal judges who are fully retired and over 75 years 
of age or have taken senior status and are over 75 years of 
age.

                       Rule 8. Amending the Rules

    The rules may be added to, modified, amended, or suspended 
by vote of a majority of committee members at a business 
meeting if a quorum is present.