[Congressional Record Volume 151, Number 16 (Tuesday, February 15, 2005)]
[House]
[Pages H607-H609]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




PUBLICATION OF THE RULES OF THE COMMITTEE ON ENERGY AND COMMERCE, 109TH 
                                CONGRESS

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentleman from Texas (Mr. Barton) is recognized for 5 minutes.
  Mr. BARTON of Texas. Mr. Speaker, pursuant to clause 2(a)2 of Rule XI 
of the Rules of the House of Representatives, I hereby submit the Rules 
of the Committee on Energy and Commerce for the 109th Congress for 
publication in the Congressional Record. The Committee adopted Rules on 
February 2, 2005, and amended the Rules on February 9, 2005, both in 
meetings that were open to the public.

             Rules for the Committee on Energy and Commerce

       Rule 1. General Provisions. (a) Rules of the Committee. The 
     Rules of the House are the rules of the Committee on Energy 
     and 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, is nondebatable and privileged 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 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 discretion, cancel, delay, or defer any meeting 
     required under this section, after consultation with the 
     ranking minority member.
       (b) 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.
       ( c) Vice Chairmen; 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. Except as provided by the 
     Rules of the House, 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.
       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 
     at least 36 hours in advance of such meeting.
       Rule 4. Procedure. (a)(l) Hearings. The date, time, place, 
     and subject matter of any hearing of the Committee or any of 
     its subcommittees shall be announced at least one week in 
     advance of the commencement of such hearing, unless the 
     Committee or subcommittee determines in accordance with 
     clause 2(g)(3) of Rule XI of the Rules of the House that 
     there is good cause to begin the hearing sooner.
       (2)(A) Meetings. 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 except when the House is in 
     session on such days) in advance of the commencement of such 
     meeting.
       (3) Motions. Pursuant to clause 1(a)(2) of rule XI of the 
     Rules of the House, privileged motions to recess from day to 
     day, or recess subject to the call of the Chair (within 24 
     hours), and to dispense with the first reading (in full) of a 
     bill or resolution if printed copies are available shall be 
     decided without debate.
       (B) Other Meetings. 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)(1) Requirements for Testimony. Each witness who is to 
     appear before the Committee or a subcommittee shall file with 
     the clerk of the Committee, at least two working days in 
     advance of his or her appearance, sufficient copies, as 
     determined by the chairman of the Committee or a 
     subcommittee, of a written statement of his or her proposed 
     testimony to provide to members and staff of the Committee or 
     subcommittee, the news media, and the general public. Each 
     witness shall, to the greatest extent practicable, also 
     provide a copy of such written testimony in an electronic 
     format prescribed by the chairman. Each witness shall limit 
     his or her oral presentation to a brief summary of the 
     argument. The chairman of the Committee or of a subcommittee, 
     or the presiding member, may waive the requirements of this 
     paragraph or any part thereof.
       (2) Additional Requirements for Testimony. To the greatest 
     extent practicable, the written testimony of each witness 
     appearing in a non-governmental capacity shall include a 
     curriculum vitae and a disclosure of the amount and source 
     (by agency and program) of any federal grant (or sub grant 
     thereof) or contract (or subcontract thereof) received during 
     the current fiscal year or either of the two preceding fiscal 
     years by the witness or by an entity represented by the 
     witness.
       (c)(l) Questioning Witnesses. 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.
       (2) Questions for the Record. Each member may submit to the 
     Chairman of the Committee or the subcommittee additional 
     questions for the record, to be answered by the witnesses who 
     have appeared. Each member shall provide a copy of the 
     questions in an electronic format to the clerk of the 
     Committee no later than ten business days following a 
     hearing. The Chairman shall transmit all questions received 
     from members of the Committee or the subcommittee to the 
     appropriate witness, and include the transmittal letter and 
     the responses from the witnesses in the hearing record.
       (d) Explanation of Subcommittee Action. No bill, 
     recommendation, or other matter reported by a subcommittee 
     shall be considered by the full Committee unless the text of

[[Page H608]]

     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. (1) All written opening statements 
     at hearings conducted by the Committee or any of its 
     subcommittees shall be made part of the permanent hearing 
     record.
       (2) Statements 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. With the consent of 
     the Committee, prior to the recognition of the first witness 
     for testimony, any Member, when recognized for an opening 
     statement, may completely defer his or her opening statement 
     and instead use those three minutes during the initial round 
     of questioning.
       (3) At any hearing of the full Committee, the chairman may 
     limit opening statements for Members (including, at the 
     discretion of the Chairman, the chairman and ranking minority 
     member) to one minute. At any hearing conducted by any 
     subcommittee, the chairman of that subcommittee, with the 
     consent of its ranking minority member, may reduce the time 
     for statements by members or defer statements until the 
     conclusion of testimony.
       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. A majority of the members of the Committee shall 
     constitute a quorum for the purposes of reporting any measure 
     or matter, of authorizing a subpoena, or of closing a meeting 
     or hearing pursuant to clause 2(g) of Rule XI of the Rules of 
     the House (except as provided in clause 2(g)(2)(A) and (B)). 
     For the purposes of taking any action other than those 
     specified in the preceding sentence, one-third of the members 
     of the Committee or subcommittee shall constitute a quorum.
       Rule 7. Official Committee Records. (a)(1) Journal. 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 vote 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.
       (2) Record Votes. 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 record vote 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 record vote in any meeting of the Committee 
     shall be made available in the Committee office for 
     inspection by the public, as provided in Rule XI, 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 VII 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 8. 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 9. 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 
     whenever possible.
       Rule 10. Reference of Legislation and Other Matters. All 
     legislation and other matters referred to the Committee shall 
     be referred to the subcommittee of appropriate jurisdiction 
     within two weeks of the date of receipt by the Committee 
     unless action is taken by the full committee within those two 
     weeks, or by majority vote of the members of the Committee, 
     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 subcommittee having 
     legislative or oversight jurisdiction.
       Rule 11. 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 12. Subcommittee Membership. (a) Selection of 
     Subcommittee Members. Prior to any organizational meeting 
     held by the Committee, the majority and minority caucuses 
     shall select their respective members of the standing 
     subcommittees.
       (b) Ex Officio Members. 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 and may be counted for purposes of 
     establishing a quorum in such subcommittees.
       Rule 13. Managing Legislation on the House Floor. The 
     chairman, in his discretion, shall designate which member 
     shall manage legislation reported by the Committee to the 
     House.
       Rule 14. Committee Professional and Clerical Staff 
     Appointments. (a) Delegation of Staff. Whenever the chairman 
     of the Committee determines that any professional staff 
     member appointed pursuant to the provisions of clause 9 of 
     Rule X 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 subcommittee chairmen and with 
     the approval of the subcommittee chairman or chairmen 
     involved.
       (b) Minority Professional Staff. Professional staff members 
     appointed pursuant to clause 9 of Rule X of the House of 
     Representatives, who are assigned to the ranking minority 
     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) Additional Staff Appointments. In addition to the 
     professional staff appointed pursuant to clause 9 of Rule X 
     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) Sufficient Staff. 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) Fair Treatment of Minority Members in Appointment of 
     Committee Staff. The chairman shall ensure that the minority 
     members of the Committee are treated fairly in appointment of 
     Committee staff.
       (f) Contracts for Temporary or Intermittent Services. Any 
     contract for the temporary services or intermittent service 
     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 15. Supervision, Duties of Staff. (a) Supervision of 
     Majority Staff. The professional and clerical staff of the 
     Committee not assigned 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) Supervision of Minority Staff. 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 16. Committee Budget. (a) Preparation of Committee 
     Budget. The chairman of

[[Page H609]]

     the Committee, after consultation with the ranking minority 
     member of the Committee and the chairmen of the 
     subcommittees, shall for the 109th 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.


 =========================== NOTE =========================== 

  
  February 15, 2005--On Page H609 the following appeared: chairmen 
of the subcommittees, shall for the 108th Congress . . .
  
  The online version should be corrected to read: chairmen of the 
subcommittees, shall for the 109th Congress . . .


 ========================= END NOTE ========================= 

       (b) Approval of the Committee Budget. 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 
     Committee on House Administration 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) Monthly Expenditures Report. Committee members shall be 
     furnished a copy of each monthly report, prepared by the 
     chairman for the Committee on House Administration, 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 17. 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 clause 4 of Rule XI 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 such member in accordance with the Rules of the 
     House.
       Rule 18. 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 19. Subpoenas. The Committee, or any subcommittee, may 
     authorize and issue a subpoena under clause 2(m)(2)(A) of 
     Rule XI of the House, if authorized by a majority of the 
     members of the Committee or subcommittee (as the case may be) 
     voting, a quorum being present. Authorized subpoenas may be 
     issued over the signature of the chairman of the Committee or 
     any member designated by the Committee, and may be served by 
     any person designated by such chairman or member. 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. 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 one week after service of such subpoena.
       Rule 20. Travel of Members and Staff. (a) Approval of 
     Travel. Consistent with the primary expense resolution and 
     such additional expense resolutions as may have been 
     approved, 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) Approval of Travel by Minority Members and Staff. In 
     the case of travel by minority party members and minority 
     party professional staff for the purpose set out in (a), the 
     prior approval, not only of the chairman but also of the 
     ranking minority member, shall be required. Such prior 
     authorization shall be given by the chairman only upon the 
     representation by the ranking minority member in writing 
     setting forth those items enumerated in (1), (2), (3), and 
     (4) of paragraph (a).

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