[Congressional Record Volume 159, Number 22 (Tuesday, February 12, 2013)]
[Senate]
[Pages S646-S647]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




               COMMITTEE ON ENERGY AND NATURAL RESOURCES

                                 ______
                                 

                           RULES OF PROCEDURE

  Mr. WYDEN. 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 Thursday 
     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 
     by a Member of the Committee 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 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 the financial disclosure report filed 
     pursuant to title I of the Ethics in Government Act of 1978. 
     Such report shall be made available to the public pursuant to 
     the provisions of that Act or other applicable law.


                             INVESTIGATIONS

       Rule 10. (a) Neither the Committee nor any of its 
     Subcommittees may undertake an investigation unless 
     specifically authorized by the Chairman and the Ranking 
     Minority Member or 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

[[Page S647]]

     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'' 
     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 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. The Chairman shall have authority to issue 
     subpoenas for the attendance of witnesses or the production 
     of memoranda, documents, records, or other materials (1) with 
     the agreement of the Ranking Minority Member, (2) when 
     authorized by a majority of all the Members of the Committee, 
     or (3) when within the scope of an investigation authorized 
     under Rule 10(a).


                         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.

                          ____________________