[Congressional Record Volume 167, Number 33 (Monday, February 22, 2021)]
[House]
[Pages H542-H544]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
PUBLICATION OF COMMITTEE RULES
rules of the committee on energy and commmerce for the 117th congress
House of Representatives,
Committee on Energy and Commerce,
Washington, DC, February 22, 2021.
Hon. Nancy Pelosi,
Speaker, 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 117th 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
28, 2021.
Sincerely,
Frank Pallone, Jr.,
Chairman,
Committee on Energy and Commerce.
(Adopted January 28, 2021)
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 chair 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 chair 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 chair.
(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 chair
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 chair 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 chair. Each witness shall limit his or her oral
presentation to a brief summary of the argument. The chair 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 question the witnesses
before the Committee shall alternate between majority and
minority members. Each member shall be limited to 5 minutes
for the questioning 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 question a witness until each member of the
Committee present has been recognized once for that purpose.
The chair 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 chair, 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 chair, 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 chair 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 chair 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 chair 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 CHAIR; PRESIDING MEMBER
The chair shall designate a member of the majority party to
serve as vice chair of the Committee, and shall designate a
majority member of each subcommittee to serve as vice chair
of each subcommittee. The vice chair of the Committee or
subcommittee, as the case may be, shall preside at any
meeting or hearing during the temporary absence of the chair.
If the chair and vice chair 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
[[Page H543]]
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 chair of
the Committee 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 chair 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 chair 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 chairs 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 chairs shall set hearing and meeting dates only
with the approval of the chair 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 chair
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 chair 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 chair 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 chair and ranking
minority member of the subcommittee shall be limited to 5
minutes each for an opening statement. In addition, the full
committee chair 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 chair and ranking
minority member (or their respective designee) of the
Committee or subcommittee, as applicable, and 3 minutes each
for all other members. The chair may further limit opening
statements for Members (including, at the discretion of the
chair, the chair 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 chair 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 chair, 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 chair, 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 chair 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 chair
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 chairs and with the approval of the subcommittee
chair or chairs 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 chair 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 chair 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 chair of the Committee considers
advisable.
(d) Sufficient Staff. The chair 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 chair 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 chair 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 chair or chairs, 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 chair
who, in consultation with the chairs 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 chair 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
chair 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 chair of the Committee, the
subcommittee chair, or
[[Page H544]]
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 chair 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 chair.
Travel may be authorized by the chair 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 chair 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 chair but also of the ranking
minority member, shall be required. Such prior authorization
shall be given by the chair 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 chair 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 chair of the Committee is directed to offer a motion
under clause 1 of Rule XXII of the Rules of the House
whenever the chair considers it appropriate.
____________________