[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

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     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.

                          ____________________