[Congressional Record Volume 161, Number 9 (Tuesday, January 20, 2015)]
[House]
[Pages H424-H427]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                     PUBLICATION OF COMMITTEE RULES


  rules of the committee on energy and commerce for the 114th congress

                                         House of Representatives,


                             Committee on Energy and Commerce,

                                 Washington, DC, January 19, 2015.
     Hon. Karen L. Haas,
     Clerk, House of Representatives,
     Washington, DC.
       Dear Ms. Haas: Pursuant to clause 2(a)(2) of Rule XI of the 
     Rules of the House of Representatives, I present the Rules of 
     the Committee on Energy and Commerce for the 114th Congress 
     for publication in the Congressional Record.
           Sincerely,
                                                       Fred Upton,
                                                         Chairman.
       Attachment.
                                  ____


                       (Adopted January 14, 2015)


                       RULE 1. GENERAL PROVISIONS

       (a) Rules of the Committee. The Rules of the House are the 
     rules of the Committee on Energy and Commerce (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 is 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 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 when the House is in session shall be announced to 
     allow Members to have at least three days notice (exclusive 
     of Saturdays, Sundays, and legal holidays except when the 
     House is in session on such days) of such meeting. The date, 
     time, place, and subject matter of all other meetings shall 
     be announced at least 72 hours in advance of the commencement 
     of such meeting.
       (d) Agenda. The agenda for each Committee meeting, setting 
     out all items of business to be considered, shall be provided 
     to

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     each member of the Committee at least 36 hours in advance of 
     such meeting.
       (e) Availability of Texts. No bill, recommendation, or 
     other matter shall be considered by the Committee unless the 
     text of the matter, together with an explanation, has been 
     available to members of the Committee for three days (or 24 
     hours in the case of a substitute for introduced 
     legislation). 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.
       (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 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 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 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 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 of a written statement of his or her proposed 
     testimony to provide to members and staff of the Committee, 
     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 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 
     any federal grant or contract or foreign government contracts 
     and payments related to the subject matter of the hearing 
     received during the current calendar year or either of the 
     two preceding calendar years by the witness or by an entity 
     represented by the witness. The disclosure shall include (i) 
     the amount and source of each Federal grant (or subgrant 
     thereof) or contract (or subcontract thereof) related to the 
     subject matter of the hearing; and (ii) the amount and 
     country of origin of any payment or contract related to the 
     subject matter of the hearing originating with a foreign 
     government.
       (d) Questioning. (1) The right to interrogate the witnesses 
     before the Committee 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. 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.
       (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 
     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 to the appropriate witness and 
     include the transmittal letter and the responses from the 
     witnesses in the hearing record. After consultation with the 
     ranking minority member, the chairman is authorized to close 
     the hearing record no earlier than 120 days from the date the 
     questions were transmitted to the appropriate witness.


                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 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 in question. A majority of the members of the 
     Committee 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 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 publicly available in electronic form on the 
     Committee's website and in the Committee office for 
     inspection by the public, as provided in Rule XI, clause 2(e) 
     of the Rules of the House, within 24 hours. Such result 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. The chairman, with the concurrence of 
     the ranking minority member, may from time to time postpone 
     record votes ordered on amendments to be held at a time 
     certain during the consideration of legislation.
       (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.


                       RULE 9. OPENING STATEMENTS

       (a) Written Statements. All written opening statements at 
     hearings and business meetings conducted by the committee 
     shall be made part of the permanent record.
       (b) Length. (1) At full committee hearings, the chairman 
     and ranking minority member shall be limited to 5 minutes 
     each for an

[[Page H426]]

     opening statement, and may designate another member to give 
     an opening statement of not more than 5 minutes. At 
     subcommittee hearings, the subcommittee chairman and ranking 
     minority member of the subcommittee shall be limited to 5 
     minutes each for an opening statement. In addition, the full 
     committee chairman and ranking minority member shall each be 
     allocated 5 minutes for an opening statement for themselves 
     or their designees.
       (2) At any business meeting of the Committee, 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. The chairman may further limit opening 
     statements for Members (including, at the discretion of the 
     Chairman, the chairman 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) Administration of Committee Budget. The chairman of the 
     Committee, in consultation with the ranking minority member, 
     shall for the 114th Congress attempt to ensure that the 
     Committee receives necessary amounts for professional and 
     clerical staff, travel, investigations, equipment and 
     miscellaneous expenses of the Committee and the 
     subcommittees, which shall be adequate to fully discharge the 
     Committee's responsibilities for legislation and oversight.
       (b) 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. SUBPOENA POWER

       The power to authorize and issue subpoenas is delegated to 
     the Chair of the full Committee, as provided for under clause 
     2(m)(3)(A)(i) of Rule XI of the Rules of the House of 
     Representatives. The Chair shall notify the ranking minority 
     member prior to issuing any subpoena under such authority. To 
     the extent practicable, the Chair shall consult with the 
     ranking minority member at least 72 hours in advance of a 
     subpoena being issued under such authority. The chairman 
     shall report to the members of the Committee on the issuance 
     of a subpoena as soon as practicable but in no event later 
     than one week after issuance 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. WEBSITE

       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. CONFERENCES

       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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