[House Hearing, 114 Congress]
[From the U.S. Government Publishing Office]
MARKUP OF A SUPPLEMENTAL FUNDING RESOLUTION OF ORIGINAL JURISDICTION
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HEARING
before the
COMMITTEE ON HOUSE
ADMINISTRATION
HOUSE OF REPRESENTATIVES
ONE HUNDRED FOURTEENTH CONGRESS
SECOND SESSION
__________
NOVEMBER 16, 2016
__________
Printed for the use of the Committee on House Administration
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Available on the Internet:
http://www.gpoaccess.gov/congress/house/administration/index.html
______
U.S. GOVERNMENT PUBLISHING OFFICE
24-709 PDF WASHINGTON : 2017
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COMMITTEE ON HOUSE ADMINISTRATION
CANDICE S. MILLER, Michigan,
Chairman
ROBERT A. BRADY, Pennsylvania GREGG HARPER, Mississippi
Ranking Minority Member RICHARD NUGENT, Florida
ZOE LOFGREN, California RODNEY DAVIS, Illinois
JUAN VARGAS, California BARBARA COMSTOCK, Virginia
MARK WALKER, North Carolina
Professional Staff
Sean Moran, Staff Director
Jamie Fleet, Minority Staff
Director
MARKUP OF A SUPPLEMENTAL FUNDING RESOLUTION OF ORIGINAL JURISDICTION
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WEDNESDAY, NOVEMBER 16, 2016
House of Representatives,
Committee on House Administration,
Washington, DC.
The Committee met, pursuant to call, at 4:42 p.m., in Room
1310, Longworth House Office Building, Hon. Candice S. Miller
[Chairman of the Committee] presiding.
Present: Representatives Miller, Harper, Nugent, Davis,
Comstock, Walker, Brady, Lofgren, and Vargas.
Staff Present: Sean Moran, Staff Director; Katie Patru,
Deputy Staff Director; Bob Sensenbrenner, General Counsel; Erin
McCracken, Communications Director; C. Maggie Moore,
Legislative Clerk; Tim Sullivan, Staff Assistant; Jamie Fleet,
Minority Staff Director; Matt Pinkus, Minority Senior Policy
Advisor; Khalil Abboud, Minority Deputy Staff Director/Director
of Legislative Operations; Mike Harrison, Minority Chief
Counsel; and Eddie Flaherty, Minority Chief Clerk.
The Chairman. I now call to order the Committee on House
Administration for today's Committee markup. A quorum is
present, so we may proceed.
The meeting record will remain open for 5 legislative days
so that Members may submit any materials that they wish to be
included therein.
And today we will consider only one item on our agenda, a
resolution of original jurisdiction that authorizes additional
funds for the Committee on Energy and Commerce's budget for the
remainder of the 114th Congress.
Last year on October the 7th, the House created a Select
Investigative Panel on Infant Lives within the Committee on
Energy and Commerce, and while everybody wasn't in favor of
this panel, it was passed by a majority vote of the House.
This Committee's responsibility is to ensure that each
committee has sufficient resources to fulfill their assigned
oversight duties. Last year, our Committee transferred funds
from the Committee Reserve Account to the Energy and Commerce
Committee so the panel could begin its work. An additional
transfer was made earlier this year. These funds were allocated
based on the full Committee's needs to fulfill its mission.
These initial transfers were insufficient to cover the
costs associated with the Select Panel. The matter before us
today will rectify this situation and allow the Committee on
Energy and Commerce and the Select Investigative Panel to
continue to operate until the end of this Congress.
This markup is an institutional responsibility. Actually,
if we don't allocate these additional funds, the work of the
entire Committee on Energy and Commerce, both for the majority
staff and the minority staff, would be negatively impacted.
That is for certain. The Committee would be unable to complete
its work. This work covers important areas such as electronic
communications, environmental protection, and health care.
We certainly had differences of opinion on the creation of
this Select Investigative Panel. However, we are not here to
relitigate a decision that the House has made more than a year
ago, but we are here to fulfill our institutional
responsibilities. So it is my hope that we send this resolution
swiftly to the floor for a vote.
I would now like to recognize my colleague and the
Committee's Ranking Member, Mr. Brady, for the purpose of an
opening statement.
Mr. Brady. Thank you, Madam Chairman.
Madam Chairman, I oppose the funding resolution before us
today. I will have a longer statement for the record, but let
me briefly say that 3 House committees, 12 States, and 1 grand
jury have already investigated the matter this panel was
created to examine. None found evidence of wrongdoing. And yet,
if we pass this measure, we will have wasted over $1.5 million
in taxpayers' money on this redundant and unnecessary exercise.
I am troubled by the treatment of the minority Members of
the Committee. It is my understanding that the majority has
misused unilaterally subpoena authority, with the Chair issuing
42 unilateral subpoenas without consulting with the Democrats.
At best, this is a violation of the longstanding House rules
and practice. At worst, it violates the bipartisan spirit of
cooperation the American people expect from their Congress. I
understand that Democrats have been denied access to the panel
records, including documents that have then later been used in
hearings and depositions.
It is time for the Panel to end conducting this unnecessary
and expensive work.
Thank you again, Madam Chairman.
[Prepared statement follows:]
[GRAPHIC] [TIFF OMITTED] T4709A.001
[GRAPHIC] [TIFF OMITTED] T4709A.002
The Chairman. I thank the gentleman very much.
Are there any other Members of the Committee that wish to
be recognized for purpose of providing an opening statement?
The Chair lays before the Committee at this time a
resolution of original jurisdiction providing for the further
expenses of the Committee on Energy and Commerce in the amount
of $800,000. And, without objection, the resolution is
considered read and open for amendment.
[The resolution follows:]
[GRAPHIC] [TIFF OMITTED] T4709A.003
[GRAPHIC] [TIFF OMITTED] T4709A.004
The Chairman. Would any Member like to offer an amendment?
Mr. Brady. Madam Chairman, I offer an amendment to the
resolution.
[The amendment of Mr. Brady follows:]
[GRAPHIC] [TIFF OMITTED] T4709A.005
[GRAPHIC] [TIFF OMITTED] T4709A.006
The Chairman. The gentleman is recognized.
Mr. Brady. Madam Chairman, this amendment is about making
sure the minority on the Committee is treated fairly and that
the Select Panel finishes its work.
The amendment also requires the Panel to provide House
Administration with weekly reports on its the expenditures as
well as any activities of the Subcommittee, including the
issuance of subpoenas.
Further, the amendment requires the majority to provide
notice to and consult with the Ranking Member of the Panel in
advance of the issuing of any subpoenas if it is to use any of
its supplementary funds for that purpose.
It is unfortunate that we must force the majority to
cooperate with the minority, but actions speak louder than
words, and that is why I offer this amendment and urge its
adoption.
And thank you again, Madam Chair.
The Chairman. I thank the gentleman.
Do any other Members wish to be recognized to speak on this
amendment?
If there are no more comments, we will vote on the
gentleman's amendment. The question is on the amendment offered
by the gentleman, the Ranking Member, to the resolution.
Those in favor of the amendment would signify by saying
aye.
All opposed, signify by saying nay.
In the opinion of the Chair, the nays have it, and the
amendment is not agreed to.
Are there any other amendments?
If not, then I move that the Committee favorably report the
resolution of original jurisdiction to the House.
And all those in favor, signify by saying aye.
Opposed, say nay.
In the opinion of the Chair, the ayes have it. The ayes
have it, and the motion is agreed to.
Without objection, a motion to reconsider is laid upon the
table.
Does any Member wish to file supplemental, minority, or
additional views for inclusion in the Committee Report to the
House?
Mr. Brady. Madam Chair, I announce that the Democratic
Members will request the 2 additional calendar days provided by
clause 2(l) of Rule XI of the Rules of the House in order to
file views.
The Chairman. Pursuant to clause 2 of Rule XI, a Member is
entitled to 2 additional calendar days to file such views in
writing and signed by that Member with the Clerk of the
Committee.
Any other business before the Committee?
Mr. Brady. Madam Chair, before we adjourn, it is
bittersweet that I will not be able to sit next to you again
unless I take a visit----
The Chairman. Come to Michigan.
Mr. Brady [continuing]. To Michigan, which I wouldn't mind
doing.
But it is an absolute pleasure to be working as your
Minority Chair. You have been extremely gracious, respectful,
and, without question, one of the classiest ladies that I know
in the House of Representatives. And you will be surely missed
by this House and by me.
And, Madam Chair, whether I am out of order or not, I am
giving you a kiss.
The Chairman. Thank you. I can't tell you how much I
appreciate those comments. I sincerely appreciate it, sincerely
appreciate it.
And it has been my privilege and honor to be the
Chairperson of this Committee during the last couple of
Congresses and working with a fantastic Committee and a
fantastic staff, and that is both on the majority and the
minority side.
And, certainly, working alongside, shoulder to shoulder,
with you as my Ranking Member, we have done a lot of good work
for this institution. We have hardly had disagreement on very
many issues, actually. I think we have all just tried to work
together and make sure that our committees are properly
resourced, that this institution operates to the best of our
ability.
And it has been my pleasure to serve with you, as well. So
if you don't come to Michigan, I might look you up in Philly,
right?
Mr. Brady. You can come to Philadelphia.
The Chairman. I may do that.
At any rate, I really have enjoyed being the Chairman of
this Committee. It has just been fantastic. So I will look
forward to the next Chairman doing some really fantastic work
on this Committee. We will see what happens. But, at any rate,
I am a Michigan girl. It is time for me to go back home. So I
certainly have enjoyed it.
And, without objection, the meeting is adjourned. Thank
you.
[Whereupon, at 4:49 p.m., the Committee was adjourned.]
[all]