[Congressional Record Volume 141, Number 15 (Wednesday, January 25, 1995)]
[House]
[Pages H687-H690]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


RULES OF PROCEDURE FOR THE COMMITTEE ON COMMERCE FOR THE 104TH CONGRESS

  (Mr. BLILEY asked and was given permission to extend his remarks at 
this point in the Record and to include extraneous matter.)
  Mr. BLILEY. Mr. Speaker, pursuant to the requirements of clause 2 of 
rule XI of the Rules of the House of Representatives, I hereby submit 
for publication in the Congressional Record the rules of the Committee 
on Commerce for the 104th Congress, as adopted by the committee in open 
session on January 10, 1995.
                  Rules for the Committee on Commerce


                       rule 1. general provisions

       (a) Rules of the Committee. The Rules of the House are the 
     rules of the Committee on Commerce (hereinafter ``the 
     Committee'') and its subcommittees so far as is applicable, 
     except that a motion to recess from day to day, and a motion 
     to dispense with the first reading (in full) of a bill or 
     resolution, if printed copies are available, are nondebatable 
     motions of high privilege in the Committee and its 
     subcommittees.
       (b) Rules of the Subcommittees. Each subcommittee of the 
     Committee is part of the Committee and is subject to the 
     authority and direction of the Committee and to its rules so 
     far as applicable. Written rules adopted by the Committee, 
     not inconsistent 
     [[Page H688]] with the Rules of the House, shall be binding 
     on each subcommittee of the Committee.


                   rule 2. time and place of meetings

       (a) Regular Meeting Days. The Committee shall meet on the 
     fourth Tuesday of each month at 10 a.m., for the 
     consideration of bills, resolutions, and other business, if 
     the House is in session on that day. If the House is not in 
     session on that day and the Committee has not met during such 
     month, the Committee shall meet at the earliest practicable 
     opportunity when the House is again in session. The chairman 
     of the Committee may, at his direction, cancel, delay or 
     defer any meeting required under this section, after 
     consultation with the ranking minority member.
       (b)(1) Additional Meetings. The chairman may call and 
     convene, as he considers necessary, additional meetings of 
     the Committee for the consideration of any bill or resolution 
     pending before the Committee or for the conduct of other 
     Committee business. The Committee shall meet for such 
     purposes pursuant to that call of the chairman.
       (b)(2) Special Meetings. If at least three members of the 
     Committee or subcommittee (which is applicable) desire that a 
     special meeting of the Committee or subcommittee (whichever 
     is applicable) be called by the chairman or subcommittee 
     chairman, those members may file in the offices of the 
     Committee their written request to the chairman or 
     subcommittee chairman for that special meeting. Such request 
     shall specify the measure or matter to be considered. 
     Immediately upon the filing of the request, the clerk of the 
     Committee shall notify the chairman or subcommittee chairman 
     of the filing of the request. If, within 3 calender days 
     after the filing of the request, the chairman or subcommittee 
     chairman does not call the requested special meeting to be 
     held within 7 calendar days after the filing of the request, 
     a majority of the members of the Committee or subcommittee 
     (whichever is applicable) may file in the offices of the 
     Committee their written notice that a special meeting of the 
     Committee or subcommittee (whichever is applicable) will be 
     held, specifying the date and hour thereof, and the measure 
     or matter to be considered at that special meeting. The 
     Committee or subcommittee (whichever is applicable) shall 
     meet on that date and hour. Immediately upon the filing of 
     the notice, the clerk of the Committee shall notify all 
     members of the Committee or subcommittee (whichever is 
     applicable)-- that such meeting will be held and inform them 
     of its date and hour and the measure or matter to be 
     considered and only the measure or matter specified in that 
     notice may be considered at that specified meeting.
       (c) Vice Chairman; Presiding Member. The chairman shall 
     designate a member of the majority party to serve as vice 
     chairman of the Committee, and shall designate a majority 
     member of each subcommittee to serve as vice chairman of each 
     subcommittee. The vice chairman of the Committee or 
     subcommittee, as the case may be, shall preside at any 
     meeting or hearing during the temporary absence of the 
     chairman. If the chairman and vice chairman of the Committee 
     or subcommittee are not present at any meeting or hearing, 
     the ranking member of the majority party who is present shall 
     preside at the meeting or hearing.
       (d) Open Meetings and Hearings. Each meeting of the 
     Committee or any of its subcommittees for the transaction of 
     business, including the markup of legislation, and each 
     hearing, shall be open to the public including to radio, 
     television and still photography coverage, consistent with 
     the provisions of Rule XI of the Rules of the House. This 
     paragraph does not apply to those special cases provided in 
     the Rules of the House where closed sessions are otherwise 
     provided.
       (e) Regular Meeting of the Chairmen. At least once a month, 
     the chairman shall convene a meeting of the chairmen of the 
     subcommittees. The purpose of the meeting will be to discuss 
     issues pending before the Committee and the procedures for 
     Committee and subcommittee consideration of such matters. 
     This discussion may include, among other items, the 
     scheduling of hearings and meetings, questions of 
     subcommittee jurisdiction, and the conduct of joint 
     subcommittee hearings.


                             Rule 3. Agenda

       The agenda for each Committee or subcommittee meeting 
     (other than a hearing), setting out the date,
      time, place, and all items of business to be considered, 
     shall be provided to each member of the Committee by 
     delivery to his or her office at least 36 hours in advance 
     of such meeting.


                           rule 4. procedure

       (a)(1) The date, time, place, and subject matter of any 
     hearing of the Committee or any of its subcommittees shall be 
     announced at least 1 week in advance of the commencement of 
     such hearing, unless the Committee or subcommittee determines 
     in accordance with such procedure as it may prescribe, that 
     there is good cause to begin the hearing sooner.
       (2)(A) The date, time, place, and subject matter of any 
     meeting (other than a hearing) scheduled on a Tuesday, 
     Wednesday, or Thursday when the House will be in session, 
     shall be announced at least 36 hours (exclusive of Saturdays, 
     Sundays and legal holidays) in advance of the commencement of 
     such meeting.
       (B) The date, time, place, and subject matter of a meeting 
     (other than a hearing or a meeting to which subparagraph (A) 
     applies) shall be announced at least 72 hours in advance of 
     the commencement of such meeting.
       (b) Each witness who is to appear before the Committee or a 
     subcommittee shall file with the clerk of the Committee or a 
     subcommittee, at least 2 working days in advance of his or 
     her appearance, 75 copies of a written statement of his or 
     her proposed testimony and shall limit his or her oral 
     presentation to a brief summary of the argument, unless this 
     requirement, or any part thereof is waived by the Committee 
     or subcommittee chairman or the presiding member.
       (c) The right to interrogate the witnesses before the 
     Committee or any of its subcommittees shall alternate between 
     majority and minority members. Each member shall be limited 
     to 5 minutes in the interrogation of witnesses until such 
     time as each member who so desires has had an opportunity to 
     question witnesses. No member shall be recognized for a 
     second period of 5 minutes to interrogate a witness until 
     each member of the Committee present has been recognized once 
     for that purpose. While the Committee or subcommittee is 
     operating under the 5-minute rule for the interrogation of 
     witnesses, the chairman shall recognize in order of 
     appearance members who were not present when the meeting was 
     called to order after all members who were present when the 
     meeting was called to order have been recognized in the order 
     of seniority on the Committee or subcommittee, as the case 
     may be.
       (d) No bill, recommendation, or other matter reported by a 
     subcommittee shall be considered by the full Committee unless 
     the text of the matter reported, together with an 
     explanation, has been available to members of the Committee 
     for at least 36 hours. Such explanation shall include a 
     summary of the major provisions of the legislation, an 
     explanation of the relationship of the matter to present law, 
     and a summary of the need for the legislation. All 
     subcommittee actions shall be reported promptly by the clerk 
     of the Committee to all members of the Committee.
       (e) Opening statements by members at the beginning of any 
     hearing of the Committee or any of its subcommittees shall be 
     limited to 5 minutes each for the chairman and ranking 
     minority member (or their respective designee) of the 
     Committee or subcommittee, as applicable, and 3 minutes each 
     for all other members.
       rule 5. waiver of agenda, notice, and layover requirements

       Requirements of rules 3, 4(a)(2), and 4(d) may be waived by 
     a majority of those present and voting (a majority being 
     present) of the Committee or subcommittee, as the case may 
     be.


                             rule 6. Quorum

       Testimony may be taken and evidence received at any hearing 
     at which there are present not fewer than two members of the 
     Committee or subcommittee in question. In the case of a 
     meeting other than a hearing, the number of members 
     constituting a quorum shall be one-third of the members of 
     the Committee or subcommittee, as the case may be, except 
     that a matter may not be reported by the Committee or a 
     subcommittee unless a majority of the members thereof is 
     actually present.


                rule 7. prohibition against proxy voting

       No vote by any member of the Committee or a subcommittee 
     with respect to any measure or matter may be cast by proxy.


                       rule 8. journal, rollcalls

       (a) The proceedings of the Committee shall be recorded in a 
     journal which shall, among other things, show those present 
     at each meeting, and include a record of the votes on any 
     question on which a record vote is demanded and a description 
     of the amendment, motion, order or other proposition voted. A 
     copy of the journal shall be furnished to the ranking 
     minority member. A record vote may be demanded by one-fifth 
     of the members present or, in the apparent absence of a 
     quorum, by any one member. No demand for a rollcall shall be 
     made or obtained except for the purpose of procuring a record 
     vote or in the apparent absence of a quorum. The result of 
     each
      rollcall vote in any meeting of the Committee shall be made 
     available in the Committee office for inspection by the 
     public, as provided in Rule X1, clause 2(e) of the Rules 
     of the House.
       (b) Archived Records. The records of the Committee at the 
     National Archives and Records Administration shall be made 
     available for public use in accordance with Rule XXXVI of the 
     Rules of the House. The chairman shall notify the ranking 
     minority member of any decision, pursuant to clause 3(b)(3) 
     or clause 4(b) of the rule, to withhold a record otherwise 
     available, and the matter shall be presented to the Committee 
     for a determination on the written request of any member of 
     the Committee. The chairman shall consult with the ranking 
     minority member on any communication from the Archivist of 
     the United States or the Clerk of the House concerning the 
     disposition of noncurrent records pursuant to clause 3(b) of 
     the rule.


                  rule 9. filing of committee reports

       If, at the time of approval of any measure or matter by 
     this Committee, any member or members of the Committee should 
     give notice of an intention to file supplemental, minority, 
     or additional views, that member shall be entitled to not 
     less than 3 calendar days (exclusive of Saturdays, Sundays, 
     and 
     [[Page H689]] legal holidays) in which to file such views in 
     writing and signed by that member or members with the 
     Committee. All such views so filed shall be included within 
     and shall be a part of the report filed by the Committee with 
     respect to that measure or matter.


                         rule 10. subcommittees

       There shall be such standing subcommittees with such 
     jurisdiction and size as determined by the majority party 
     caucus of the Committee. The jurisdiction,
      number, and size of the subcommittees shall be determined by 
     the majority party caucus prior to the start of the 
     process for establishing subcommittee chairmanships and 
     assignments.


              rule 11. powers and duties of subcommittees

       Each subcommittee is authorized to meet, hold hearings, 
     receive testimony, mark up legislation, and report to the 
     Committee on all matters referred to it. Subcommittee 
     chairmen shall set hearing and meeting dates only with the 
     approval of the chairman of the Committee with a view toward 
     assuring the availability of meeting rooms and avoiding 
     simultaneous scheduling of Committee and subcommittee 
     meetings or hearings wherever possible.


          rule 12. reference of legislation and other matters

       All legislation and other matters referred to the Committee 
     shall be referred to the subcommittee of appropriate 
     jurisdiction immediately unless, by majority vote of the 
     members of the Committee within 5 legislative days, 
     consideration is to be by the full Committee. In the case of 
     legislation or other matter within the jurisdiction of more 
     than one subcommittee, the chairman of the Committee may, in 
     his discretion, refer the matter simultaneously to two or 
     more subcommittees for concurrent consideration, or may 
     designate a subcommittee of primary jurisdiction and also 
     refer the matter to one or more additional subcommittees for 
     consideration in sequence (subject to appropriate time 
     limitations), either on its initial referral or after the 
     matter has been reported by the subcommittee of primary 
     jurisdiction. Such authority shall include the authority to 
     refer such legislation or matter to an ad hoc subcommittee 
     appointed by the chairman, with the approval of the 
     Committee, from the
      members of the subcommittees having legislative or oversight 
     jurisdiction.


                    rule 13. ratio of subcommittees

       The majority caucus of the Committee shall determine an 
     appropriate ratio of majority to minority party members for 
     each subcommittee and the chairman shall negotiate that ratio 
     with the minority party, provided that the ratio of party 
     members on each subcommittee shall be no less favorable to 
     the majority than that of the full Committee, nor shall such 
     ratio provide for a majority of less than two majority 
     members.


                    rule 14. subcommittee membership

       (a) The majority party members of the standing 
     subcommittees shall be selected by a process determined by 
     the majority party members. The selection of majority party 
     members of the standing subcommittees shall be conducted at a 
     meeting of the majority party caucus of the Committee held 
     prior to any organizational meeting of the Committee.
       (b) The minority party members of the standing 
     subcommittees shall be selected by a process determined by 
     the minority party members. The selection of minority party 
     members of the standing subcommittees shall be conducted 
     prior to any organizational meeting of the Committee.
       (c) The chairman and ranking minority member of the 
     Committee shall be ex officio members with voting privileges 
     of each subcommittee of which they are not assigned as 
     members.
                     Rule 15. Subcommittee Chairmen

       (a) The chairman shall nominate a slate of chairmen for the 
     standing subcommittees. The chairman's slate shall be subject 
     to approval by a majority of the majority party caucus of the 
     Committee. If the chairman's initial slate is not approved by 
     a majority, the chairman shall present an alternative slate 
     of nominations until a slate is approved by a majority of the 
     majority party caucus.
       (b) The chairman, in his discretion, shall designate which 
     member shall manage legislation reported by the Committee to 
     the House.
       (c) The chairman of the Committee may make available to the 
     chairman of any subcommittee office equipment and facilities 
     which have been provided to him and for which he is 
     personally responsible, subject to such terms and conditions 
     as the chairman deems appropriate.


    Rule 16. Committee Professional and Clerical Staff Appointments

       (a) Whenever the chairman of the Committee determines that 
     any professional staff member appointed pursuant to the 
     provisions of clause 6 of Rule XI of the House of 
     Representatives, who is assigned to such chairman and not to 
     the ranking minority member, by reason of such professional 
     staff member's expertise or qualifications will be of 
     assistance to one or more subcommittees in carrying out their 
     assigned responsibilities, he may delegate such member to 
     such subcommittees for such purpose. A delegation of a member 
     of the professional staff pursuant to this subsection shall 
     be made after consultation with the subcommittee chairmen and 
     with the approval of the subcommittee chairman or chairmen 
     involved.
       (b) Professional staff members appointed pursuant to clause 
     6 of Rule XI of the House of Representatives, who are 
     assigned to the ranking minority party member of the 
     Committee and not to the chairman of the Committee, shall be 
     assigned to such Committee business as the minority party 
     members of the Committee consider advisable.
       (c) In addition to the professional staff appointed 
     pursuant to clause 6 of Rule XI of the House of 
     Representatives, the chairman of the Committee shall be 
     entitled to make such appointments to the professional and 
     clerical staff of the Committee as may be provided within the 
     budget approved for such purposes by the committee. Such 
     appointee shall be assigned to such business of the full 
     Committee as the chairman of the Committee considers 
     advisable.
       (d) The chairman shall ensure that sufficient staff is made 
     available to each subcommittee to carry out its 
     responsibilities under the rules of the Committee.
       (e) The chairman shall ensure that the minority members of 
     the Committee are treated fairly in appointment of Committee 
     staff.
       (f) Any contract for the temporary services or intermittent 
     services of individual consultants or organizations to make 
     studies or advise the Committee or its subcommittees with 
     respect to any matter within their jurisdiction shall be 
     deemed to have been approved by a majority of the members of 
     the Committee if approved by the chairman and ranking 
     minority member of the Committee. Such approval shall not be 
     deemed to have been given if at least one-third of the 
     members of the Committee request in writing that the 
     Committee formally act on such a
      contract, if the request is made within 10 days after the 
     latest date on which such chairman or chairmen, and such 
     ranking minority member or members, approve such contract.


                 rule 17. supervision, duties of staff

       (a) The professional and clerical staff of the Committee 
     not delegated to the minority shall be under the supervision 
     and direction of the chairman who, in consultation with the 
     chairmen of the subcommittees, shall establish and assign the 
     duties and responsibilities of such staff members and 
     delegate such authority as he determines appropriate.
       (b) The professional and clerical staff assigned to the 
     minority shall be under the supervision and direction of the 
     minority members of the Committee, who may delegate such 
     authority as they determine appropriate.


                       rule 18. committee budget

       (a) The chairman of the Committee, after consultation with 
     the ranking minority member of the Committee and the chairmen 
     of the subcommittees, shall for the 104th Congress prepare a 
     preliminary budget for the Committee, with such budget 
     including necessary amounts for professional and clerical 
     staff, travel, investigations, equipment and miscellaneous 
     expenses of the Committee and the subcommittees, and which 
     shall be adequate to fully discharge the Committee's 
     responsibilities for legislation and oversight. Such budget 
     shall be presented by the chairman to the majority party 
     caucus of the Committee and thereafter to the full Committee 
     for its approval.
       (b) The chairman shall take whatever action is necessary to 
     have the budget as finally approved by the Committee duly 
     authorized by the House. No proposed Committee budget may be 
     submitted to the House Committee on Oversight unless it has 
     been presented to and approved by the majority party caucus 
     and thereafter by the full Committee. The chairman of the 
     Committee may authorize all necessary expenses in accordance 
     with these rules and within the limits of the Committee's 
     budget as approved by the House.
       (c) Committee members shall be furnished a copy of each 
     monthly report, prepared by the chairman for the House 
     Committee on Oversight, which shows expenditures made during 
     the reporting period and cumulative for the year by the 
     Committee and subcommittees, anticipated expenditures for the 
     projected Committee program, and detailed information on 
     travel.


              rule 19. broadcasting of committee hearings

       Any meeting or hearing that is open to the public may be 
     covered in whole or in part by radio or television or still 
     photography, subject to the requirements of Rule XI, clause 3 
     of the Rules of the House. The coverage of any hearing or 
     other proceeding of the Committee or any subcommittee thereof 
     by television, radio, or still photography shall be under the 
     direct supervision of the chairman of the Committee, the 
     subcommittee chairman, or other member of the Committee 
     presiding at such hearing or other proceeding and may be 
     terminated by him in accordance with the Rules of the House.


                  rule 20. comptroller general audits

       The chairman of the Committee is authorized to request 
     verification examinations
      by the Comptroller General of the United States pursuant to 
     Title V, Part A of the Energy Policy and Conservation Act 
     (Public Law 94-163), after consultation with the members 
     of the Committee.


                           rule 21. subpoenas

       The Committee, or any subcommittee, may authorize and issue 
     a subpoena under clause 2(m)(2)(A) of Rule XI of the House of 
     Representatives, if authorized by a majority of the members 
     voting of the Committee or subcommittee (as the case may be), 
     a 
     [[Page H690]] quorum being present. The chairman of the 
     Committee may authorize and issue subpoenas under such clause 
     during any period for which the House has adjourned for a 
     period in excess of 3 days when, in the opinion of the 
     chairman, authorization and issuance of the subpoena is 
     necessary to obtain the material set forth in the subpoena. 
     Subpoenas may be issued over the signature of the chairman of 
     the Committee, or any member of the Committee authorized by 
     such chairman, and may be served by any person designated by 
     such chairman or member. The chairman shall report to the 
     members of the Committee on the authorization and issuance of 
     a subpoena during the recess period as soon as practicable 
     but in no event later than 1 week after service of such 
     subpoena.


                  rule 22. travel of members and staff

       (a) Consistent with the primary expense resolution and such 
     additional expense resolutions as may have been approved, the 
     provisions of this rule shall govern travel of Committee 
     members and staff. Travel to be reimbursed from funds set 
     aside for the Committee for any member or any staff member 
     shall be paid only upon the prior authorization of the 
     chairman. Travel may be authorized by the chairman for any 
     member and any staff member in connection
      with the attendance of hearings conducted by the Committee 
     or any subcommittee thereof and meetings, conferences and 
     investigations which involve activities or subject matter 
     under the general jurisdiction of the Committee. Before 
     such authorization is given there shall be submitted to 
     the chairman in writing the following: (1) The purpose of 
     the travel; (2) The dates during which the travel is to be 
     made and the date or dates of the event for which the 
     travel is being made; (3) The location of the event for 
     which the travel is to be made; and (4) The names of 
     members and staff seeking authorization.
       (b) In the case of travel of members and staff of a 
     subcommittee to hearings, meetings, conferences, and 
     investigations involving activities or subject matter under 
     the legislative assignment of such subcommittee to be paid 
     for out of funds allocated to such subcommittee, prior 
     authorization must be obtained from the subcommittee chairman 
     and the chairman. Such prior authorization shall be given by 
     the chairman only upon the representation by the applicable 
     chairman of the subcommittee in writing setting forth those 
     items enumerated in (1), (2), (3), and (4) of paragraph (a).
       (c) In the case of travel by minority party members and 
     minority party professional staff for the purpose set out in 
     (a) or (b), the prior approval, not only of the chairman but 
     also of the ranking minority party member, shall be required. 
     Such prior authorization shall be given by the chairman only 
     upon the representation by the ranking minority party member 
     in writing setting forth those items enumerated in (1), (2), 
     (3), and (4) of paragraph (a).
     

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