[Congressional Record Volume 155, Number 72 (Tuesday, May 12, 2009)]
[House]
[Pages H5453-H5455]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




PUBLICATION OF THE RULES OF THE COMMITTEE ON ENERGY AND COMMERCE, 111TH 
                                CONGRESS

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentleman from California (Mr. Waxman) is recognized for 5 minutes.
  Mr. WAXMAN. Madam Speaker, pursuant to rule XI, clause 2 of the Rules 
of the House of Representatives, I respectfully submit the rules for 
the Committee on Energy and Commerce in the 111th Congress for 
publication in the Congressional Record. The Committee adopted the 
following rules in open session by a voice vote, a quorum being 
present, at our organizational meeting on January 14, 2009:

     Rules of the Committee on Energy and Commerce, U.S. House of 
       Representatives, Adopted January 14, 2009, 111th Congress

       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.
       (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. 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) Notice. The date, time, place, and subject matter of 
     any meeting of the Committee or its subcommittees 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. The date, time, place, and subject matter of 
     other meetings shall be announced at least 72 hours in 
     advance of the commencement of such meeting.
       (d) Agenda. The agenda for each Committee or subcommittee 
     meeting, setting out 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.
       (e) Availability of Texts. No bill, recommendation, or 
     other matter reported by a subcommittee shall be considered 
     by the 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.

[[Page H5454]]

       (f) Waiver. The requirements of subsections (c), (d), and 
     (e) may be waived by a majority of those present and voting 
     (a majority being present) of the Committee or subcommittee, 
     or by the chairman with the concurrence of the ranking 
     member, as the case may be.
       Rule 3. Hearings. (a) Notice. 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 a determination 
     is made 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.
       (b) Memorandum. Each member of the Committee or 
     subcommittee shall be provided, except in the case of unusual 
     circumstances, with a memorandum at least 48 hours before 
     each hearing explaining (1) the purpose of the hearing and 
     (2) the names of any witnesses.
       (c) Witnesses. (1) 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) To the greatest extent practicable, the written 
     testimony of each witness appearing in a nongovernmental 
     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.
       (d) Questioning. (1) 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 
     or subcommittee 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) The chairman with the concurrence of the ranking 
     minority member, or the Committee by motion, may permit an 
     equal number of majority and minority members to question a 
     witness for a specified, total period that is equal for each 
     side and not longer than thirty minutes for each side. The 
     chairman with the concurrence of the ranking minority member, 
     or the Committee by motion, may also permit committee staff 
     of the majority and minority to question a witness for a 
     specified, total period that is equal for each side and not 
     longer than thirty minutes for each side.
       (3) 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.
       Rule 4. 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.
       Rule 5. Open Proceedings. Except as provided by the Rules 
     of the House, each meeting and hearing 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 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 or 
     subcommittee shall constitute a quorum for those actions for 
     which the House rules require a majority quorum. For the 
     purposes of taking any other action, 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 and its subcommittees 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 
     and its subcommittees 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. The Chairman 
     also shall make the record of the votes on any question on 
     which a record vote is demanded available on the Committee's 
     website not later than 2 business days after such vote is 
     taken. Such record shall include a description of the 
     amendment, motion, order, or other proposition, the name of 
     each member voting for and each member voting against such 
     amendment, motion, order, or proposition, and the names of 
     those members of the committee present but not voting.
       (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. (a) Establishment. 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.
       (b) Powers and Duties. 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.
       (c) 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.
       (d) 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.
       (e) 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. The chairman 
     emeritus shall be an ex officio member without voting 
     privileges of each subcommittee of which the chairman 
     emeritus is not assigned as a member and may not be counted 
     for purposes of establishing a quorum on any such 
     subcommittee.
       (f) Subcommittee on Witness Inquiry. There shall also be 
     established a Subcommittee on Witness Inquiry that may 
     examine witnesses in executive session pursuant to House Rule 
     XI, clause 2(g)(2) and 2(k)(5). The subcommittee shall be 
     comprised of two members of the majority party appointed at 
     the discretion of the chairman and one member of the minority 
     party appointed at the discretion of the ranking minority 
     member. Subsections (a), (b), (c), (d), and (e) shall not 
     apply to the Subcommittee.
       Rule 9. Opening Statements. (a) Written Statements. All 
     written opening statements at business meetings conducted by 
     the committee or any of its subcommittees shall be made part 
     of the permanent record.
       (b) Length. 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. At any 
     business meeting of the full Committee, the chairman may 
     limit opening statements for Members (including, at the 
     discretion of the Chairman, the chairman

[[Page H5455]]

     and ranking minority member) to one minute.
       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 subcommittees having 
     legislative or oversight jurisdiction.
       Rule 11. 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 12. 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 13. 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 14. 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 111th 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 15. 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 16. Subpoenas. The chairman of the Committee may, 
     after consultation with the ranking minority member, 
     authorize and issue a subpoena under clause 2(m)(2)(A) of 
     Rule XI of the House. If the ranking minority member objects 
     to the proposed subpoena in writing, the matter shall be 
     referred to the Committee for resolution. The chairman of the 
     Committee may authorize and issue subpoenas without referring 
     the matter to the Committee for resolution 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. 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 17. 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).
       Rule 18. The chairman shall maintain an official Committee 
     website for the purposes of furthering the Committee's 
     legislative and oversight responsibilities, including 
     communicating information about the Committee's activities to 
     Committee members and other members of the House. The ranking 
     minority member may maintain an official website for the 
     purpose of carrying out official responsibilities, including 
     communicating information about the activities of the 
     minority members of the Committee to Committee members and 
     other members of the House.
       Rule 19. The chairman of the Committee is directed to offer 
     a motion under clause 1 of Rule XXII of the Rules of the 
     House whenever the chairman considers it appropriate.

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