[Congressional Record Volume 157, Number 25 (Wednesday, February 16, 2011)]
[Senate]
[Pages S785-S786]
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 ask unanimous consent to have
the rules governing the procedure of the Committee on Energy and
Natural Resources 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 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
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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.
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