[Congressional Record Volume 155, Number 34 (Thursday, February 26, 2009)]
[Senate]
[Pages S2551-S2552]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




      COMMITTEE ON ENERGY AND NATURAL RESOURCES RULES OF PROCEDURE

  Mr. BINGAMAN. Mr. President, in accordance with rule XXVI, paragraph 
2, of the Standing Rules of the Senate, I submit the rules governing 
the procedure of the Committee on Energy and Natural Resources for 
publication in the Congressional Record.
  I ask unanimous consent that they be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

     Rules of the Senate Committee on Energy and Natural Resources


                             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 of 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

[[Page S2552]]

     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.

                          ____________________