[Congressional Record Volume 153, Number 189 (Tuesday, December 11, 2007)]
[House]
[Pages H15282-H15284]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




PUBLICATION OF THE RULES OF THE COMMITTEE ON ENERGY AND COMMERCE, 110TH 
                                CONGRESS

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentleman from Michigan (Mr. Dingell) is recognized for 5 minutes.
  Mr. DINGELL. Madam Speaker, in accordance with clause 2(a) of rule XI 
of the Rules of the House of Representatives, I respectfully submit the 
rules of the Committee on Energy and Commerce for printing in the 
Congressional Record. The Committee on Energy and Commerce adopted 
these rules by a voice vote, a quorum being present, at our 
organizational meeting on January 10, 2007.

             RULES FOR THE COMMITTEE ON ENERGY AND COMMERCE

              U.S. HOUSE OF REPRESENTATIVES 110TH CONGRESS

                       (Adopted January 10, 2007)


                      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)(1) 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 subgrant 
     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)(1) 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

[[Page H15283]]

     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 
     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

[[Page H15284]]

     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 the 
     Committee, after consultation with the ranking minority 
     member of the Committee and the chairmen of the 
     subcommittees, shall for the 110th 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) 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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