[Congressional Record Volume 165, Number 48 (Monday, March 18, 2019)]
[House]
[Pages H2751-H2753]
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 116th congress

                                         House of Representatives,


                             Committee on Energy and Commerce,

                                   Washington, DC, March 15, 2019.
     Hon. Nancy Pelosi,
     Speaker of the House of Representatives,
     Washington, DC.
       Dear Madam Speaker: Pursuant to Rule XI, Clause 2(a) of the 
     Rules of the House of Representatives, I respectfully submit 
     the rules of the 116th Congress for the Committee on Energy 
     and Commerce for publication in the Congressional Record. The 
     Committee adopted these rules by a voice vote, a quorum being 
     present, at our organizational meeting on Thursday, January 
     24, 2019.
           Sincerely,
                                                Frank Pallone, Jr.
                                                         Chairman.


                       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. BUSINESS MEETINGS/MARKUPS

       (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 or her 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 or she 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 (other than a hearing) 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. In 
     no event shall such meeting commence earlier than the third 
     calendar day (excluding Saturdays, Sundays, or legal holidays 
     except when the House is in session on such a day) on which 
     members have notice thereof.
       (d) Agenda. The agenda for each Committee 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 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 grants or contracts 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 or relevant 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 30 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 30 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 10 business days following a hearing. 
     The chairman shall transmit all questions received from 
     members of the Committee to the appropriate witnesses 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 witnesses.


                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 most senior 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 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 shall constitute a 
     quorum.


                   RULE 7. OFFICIAL COMMITTEE RECORDS

       (a)(1) Documents reflecting the proceedings 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 not more than 24 hours after each 
     meeting has adjourned, including a record showing those 
     present at each meeting; and a record of the vote on any 
     question on which a record vote is demanded, including 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.
       (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.
       (b) Postponement of Votes. In accordance with clause 
     2(h)(4) of Rule XI of the Rules of the House, the chairman of 
     the Committee

[[Page H2752]]

     or a subcommittee, after consultation with the ranking 
     minority member of the Committee or subcommittee, may (A) 
     postpone further proceedings when a record vote is ordered on 
     the question of approving a measure or matter or on adopting 
     an amendment; and (B) resume proceedings on a postponed 
     question at any time after reasonable notice. When 
     proceedings resume on a postponed question, notwithstanding 
     any intervening order for the previous question, an 
     underlying proposition shall remain subject to further debate 
     or amendment to the same extent as when the question was 
     postponed.
       (c) 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 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 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 at subcommittee 
     hearings.
       (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: (1) action is taken by the full Committee 
     within those two weeks, or (2) by majority vote of the 
     members of the Committee, consideration is to be by the full 
     Committee. In the case of legislation or other matters within 
     the jurisdiction of more than one subcommittee, the chairman 
     of the Committee may, in his or her 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 or her 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 or she may 
     delegate such staff 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 they 
     determine is 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 116th 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

[[Page H2753]]

     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 chairman 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 chairman shall notify the ranking 
     minority member prior to issuing any subpoena under such 
     authority. To the extent practicable, the chairman 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 that 
     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 staff members 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 Committtee'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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