Feb. 1, 2013: Congressional Record publishes “PUBLICATION OF COMMITTEE RULES”

Volume 159, No. 15 covering the 1st Session of the 113th Congress (2013 - 2014) was published by the Congressional Record.

The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.

“PUBLICATION OF COMMITTEE RULES” mentioning the Environmental Protection Agency was published in the House of Representatives section on pages H308-H314 on Feb. 1, 2013.

The publication is reproduced in full below:

PUBLICATION OF COMMITTEE RULES

RULES OF THE COMMITTEE ON SCIENCE, SPACE, AND TECHNOLOGY FOR THE 113TH

CONGRESS

Mr. SMITH of Texas. Mr. Speaker, pursuant to clause 2(a)(2) of House of Representatives rule XI, I hereby submit the rules of the Committee on Science, Space, and Technology:

RULE I. GENERAL

(a) RULES OF THE HOUSE.--The Rules of the House of Representatives are the rules of the Committee on Science, Space, and Technology and its Subcommittees with the specific additions thereto contained in these rules.

(b) MOTION TO RECESS.--A motion to recess from day to day, or a motion to recess subject to the call of the chair

(within 24 hours), or a motion to dispense with the first reading (in full) of a bill or resolution, if printed copies are available, is a non-debatable motion of privilege in the Committee.

(c) PROPOSED REPORTS.--A proposed investigative or oversight report shall be considered as read if it has been available to the members of the Committee for at least 24 hours (excluding Saturdays, Sundays, or legal holidays except when the House is in session on such days).

(d) SUBCOMMITTEES.--Each Subcommittee is a part of the Committee and is subject to the authority and direction of the Committee and its rules so far as applicable. Written rules adopted by the Committee, not inconsistent with the Rules of the House, shall be binding on each Subcommittee of the Committee. [See House Rule XI 1(a)].

(e) COMMITTEE RULES.--The Committee's rules shall be publicly available in electronic form and published in the Congressional Record not later than 30 days after the Chairman of the Committee (hereafter in these rules referred to as the ``Chairman'') is elected in each oddnumbered year.

[See House Rule XI 2 (a)(2)].

(f) OTHER PROCEDURES.--The Chairman, after consultation with the Ranking Member of the Committee, may establish such other procedures and take such actions as may be necessary to carry out these rules or to facilitate the effective operation of the Committee.

(g) USE OF HEARING ROOMS.--In consultation with the Ranking Member, the Chair of the Committee shall establish guidelines for the use of Committee hearing rooms.

Rule II. REGULAR, ADDITIONAL, AND SPECIAL MEETINGS

(a) REGULAR MEETINGS.--The regular meeting day of the Committee for the conduct of its business shall be on the first Thursday of each month, if the House is in session. If the House is not in session on that day, then the Committee shall meet on the next Thursday of such month on which the House is in session, or at another practicable time as determined by the Chairman.

(1) A regular meeting of the Committee may be dispensed with if, in the judgment of the Chairman, there is no need for the meeting.

(2) The Chairman may call and convene, as he considers necessary and in accordance with the notice requirements contained in these rules, 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. [See House Rule XI 2(c)(1)]

(b) BILLS AND SUBJECTS TO BE CONSIDERED.--At least 3 days

(excluding Saturdays, Sundays and legal holidays when the House is not in session) before each scheduled Committee or Subcommittee meeting, each Member of the Committee or Subcommittee shall be furnished a list of the bills and subjects to be considered and/or acted upon at the meeting. Bills or subjects not listed shall be subject to a point of order unless their consideration is agreed to by a two-thirds vote of the Committee or Subcommittee.

(1) In an emergency that does not reasonably allow for 3 days' notice, the Chairman of the Committee or Chairperson of a Subcommittee (hereafter in these rules the term ``Chair'' shall refer to both the Chairman of the Full Committee and each Subcommittee Chairperson) may waive the 3-day notice requirement with the concurrence of the Ranking Member.

(c) TEXT OF LEGISLATION, AMENDMENTS, AND MOTIONS.--

(1) At least 48 hours prior to the commencement of a Committee or Subcommittee meeting for the markup of legislation, excluding Saturdays, Sundays and legal holidays, the text of such legislation shall be made publicly available in electronic form.

(2) To the maximum extent practicable, amendments to a measure or matter shall be submitted in writing or electronically to the designee of both the Chair and Ranking Member at least 24 hours prior to the consideration of the measure or matter. The Chair may exercise discretion to give priority to amendments submitted in advance.

(3) Every motion made to the Committee or Subcommittee and entertained by the Chair shall be reduced to writing upon demand of any Member, and a copy made available to each Member present.

(d) OPEN MEETINGS.--Committee and Subcommittee meetings shall be open to the public except when the Committee or Subcommittee determines by majority vote to close the meeting because disclosure of matters to be considered would endanger national security, would compromise sensitive law enforcement information, or would tend to defame, degrade or incriminate any person or otherwise would violate any law or rule of the House.

(e) QUORUM FOR TAKING ACTION.--For purposes of taking any action at a meeting of the Committee or any Subcommittee thereof, a quorum shall be constituted by the presence of not less than one-third of the Members of the Committee or Subcommittee, except that a full majority of the Members of the Committee or Subcommittee shall constitute a quorum for purposes of reporting a measure or recommendation from the Committee or Subcommittee, closing a meeting to the public, or authorizing the issuance of a subpoena.

(f) POSTPONEMENT OF PROCEEDINGS.--

(1) The Chair may postpone further proceedings when a record vote is ordered on the question of approving a measure or matter or on adopting an amendment. The Chair may resume proceedings on a postponed request at any time after reasonable notice.

(2) 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.

(g) TIME FOR STATEMENTS AND DEBATE.--

(1) Insofar as is practicable, the Chair, after consultation with the Ranking Member, shall limit the total time of opening statements by Members at a Committee or Subcommittee meeting to no more than ten minutes, the time to be divided equally between the Chair and Ranking Member.

(2) The time any one Member may address the Committee or Subcommittee on any bill, motion, or other matter under consideration by the Committee or Subcommittee will be limited to five minutes, and then only when the Member has been recognized by the Chair. This time limit may be waived by the Chair pursuant to unanimous consent.

(h) REQUESTS FOR RECORDED VOTE.--A record vote of the Members may be had at the request of three or more Members or, in the apparent absence of a quorum, by any one Member.

(i) TRANSCRIPTS.--Transcripts of markups shall be recorded and may be published in the same manner as hearings before the Committee. Transcripts shall be included as part of the legislative report unless waived by the Chairman of the Committee.

(j) MOTION TO GO TO CONFERENCE.--Without further action of the Committee, the Chairman is directed to offer a motion under clause 1 of rule XXII of the Rules of the House of Representatives whenever the Chairman considers it appropriate.

(k) PRIVATE BILLS.--No private bill will be scheduled by the Chair if there are two or more Members who object to its consideration.

Rule III. HEARINGS

(a) NOTICE OF HEARINGS.--

(1) The Chair shall publicly announce the date, place, and subject matter of any hearing to be conducted by a Committee or Subcommittee on any measure or matter at least one week before the commencement of that hearing. If the Chair, with the concurrence of the Ranking Member, determines there is good cause to begin the hearing sooner, or if the Committee or Subcommittee so determines by majority vote, a quorum being present for the transaction of business, the Chair shall make the announcement at the earliest possible date.

(2) The Chair shall publicly announce a list of witnesses to testify at a hearing as soon as a complete list of witnesses, including those to be called by the minority, is compiled. When practicable, the Chair and the Ranking Member will seek to have a complete list of witnesses compiled at or as soon as practicable after the time that the hearing is publicly announced.

(b) OPENING STATEMENTS.--Insofar as is practicable, the Chair, after consultation with the Ranking Member, shall limit the total time of opening statements by Members to no more than ten minutes, the time to be divided equally between the Chair and Ranking Member.

(c) WITNESSES.--

(1) Insofar as is practicable, no later than 48 hours in advance of his or her appearance, each witness who is to appear before the Committee or any Subcommittee shall file in printed copy and in electronic form a written statement of his or her proposed testimony and a curriculum vitae.

(2) Each witness shall limit his or her presentation to a five minute summary, provided that additional time may be granted by the Chair when appropriate.

(3) The Chair, or any Member of the Committee or Subcommittee designated by the Chair, may administer oaths to witnesses before the Committee. [See House Rule XI 2(m)(2)]

(4) Whenever any hearing is conducted by the Committee or Subcommittee on any measure or matter, the minority Members of the Committee or Subcommittee shall be entitled, upon request to the Chair by a majority of them before the completion of the hearing, to call witnesses selected by the minority to testify with respect to the measure or matter during at least one day of hearing thereon. [See House Rule XI 2(j)(1)]

(5) In the case of a witness appearing in a nongovernmental capacity, a written statement of proposed testimony shall include a disclosure of the amount and source (by agency and program) of each Federal grant (or subgrant thereof) or contract (or subcontract thereof) received during the current fiscal year or either of the two previous fiscal years by the witness or by an entity represented by the witness. Such statements, with appropriate redactions to protect the privacy of the witness, shall be made publicly available in electronic form not later than one day after the witness appears.

(d) OPEN HEARINGS.--Committee and Subcommittee hearings shall be open to the public except when the Committee or Subcommittee determines by majority vote to close the meeting because disclosure of matters to be considered would endanger national security, would compromise sensitive law enforcement information, or would tend to defame, degrade or incriminate any person or otherwise would violate any law or rule of the House.

(e) QUORUM FOR HEARINGS.--For purposes of taking testimony and receiving evidence before the Committee or any Subcommittee, a quorum shall be constituted by the presence of two Members, which shall consist of one Member of the majority and one Member of the minority party unless no Member of the minority party is in attendance 15 minutes after the starting time listed on the notice of hearing, at which time two members of the majority party may constitute a quorum.

(f) QUESTIONING OF WITNESSES.--

(1) The right to interrogate a witness before the Committee and Subcommittees shall alternate between Majority and Minority Members of the Committee or Subcommittee. Each Member shall be limited to five minutes in the interrogation of witnesses until such time as each Member present who wishes to be recognized has been recognized once for that purpose. No Member may be recognized for a second period of interrogation until each Member present has been recognized at least once.

(2) Notwithstanding clause 1, upon a motion the Chair, in consultation with the Ranking Member, may:

(i) Designate an equal number of Members of the Committee or Subcommittee from each party to question a witness for a period of time equally divided between the majority party and the minority party, not to exceed one hour in the aggregate; or

(ii) Designate staff from each party to question a witness for equal specific periods that do not exceed one hour in the aggregate.

(iii) Members of the Committee or Subcommittee have two weeks from the date of a hearing to submit additional questions in writing for the record to be answered by witnesses who have appeared in person. The letters of transmittal and any responses thereto shall be printed in the hearing record.

(g) PUBLICATION OF TRANSCRIPTS.--The transcripts of those hearings conducted by the Committee and Subcommittees, when it is decided they will be printed, shall be published in substantially verbatim form, with the material requested for the record inserted at that place requested, or at the end of the record, as appropriate. Individuals, including Members of Congress, whose comments are to be published as part of a Committee document shall be given the opportunity to verify the accuracy of the transcription in advance of publication. Any requests by those Members, staff or witnesses to correct any errors other than errors in the transcript, or disputed errors in transcription, shall be appended to the record, and the appropriate place where the change is requested will be footnoted. Prior to approval by the Chairman of hearings conducted jointly with another congressional Committee, a memorandum of understanding shall be prepared which incorporates an agreement for the publication of the transcript.

Rule IV. REPORTS AND PUBLICATIONS

(a) FILING OF REPORT.--

(1) It shall be the duty of the Chairman to report or cause to be reported promptly to the House any measure approved by the Committee and to take or cause to be taken the necessary steps to bring the matter to a vote. To the maximum extent practicable, the written report of the Committee on such measures shall be made available to the Committee membership for review at least 24 hours in advance of filing. [House Rule XIII 2(b)(1)].

(2) The report of the Committee on a measure which has been approved by the Committee shall be filed within seven calendar days (exclusive of days on which the House is not in session) after the day on which there has been filed with the Clerk of the Committee a written request, signed by the majority of the Members of the Committee, for the reporting of that measure. Upon the filing of any such request, the Clerk of the Committee shall transmit immediately to the Chairman notice of the filing of that request. [House Rule XIII 2(b)(2)].

(b) CONTENTS OF REPORT.--

(1) The report of the Committee on a measure or matter that has been approved by the Committee shall include the matters required by clauses 2(c) and 3 of rule XIII of the Rules of the House.

(2) Clause 2(I) of House Rule XI pertaining to supplemental, minority, and additional views is hereby incorporated by reference.

(c) IMMEDIATE PRINTING AND SUPPLEMENTAL REPORTS. THIS RULE DOES NOT PRECLUDE.--

(1) The immediate filing or printing of a Committee report unless a timely request for the opportunity to file supplemental, minority, or additional views has been made as provided by this Rule; or

(2) The filing by the Committee of any supplemental report upon any measure or matter which may be required for the correction of any technical error in a previous report made by the Committee upon that measure or matter.

(d) REPORT LANGUAGE ON USE OF FEDERAL RESOURCES.--No legislative report filed by the Committee on any measure or matter reported by the Committee shall contain language which has the effect of specifying the use of federal resources more explicitly (inclusively or exclusively) than that specified in the measure or matter as ordered reported, unless such language has been approved by the Committee during a meeting or otherwise in writing by a majority of the Members.

(e) OTHER COMMITTEE PUBLICATIONS.--

(1) House Reports.

(i) Any document published by the Committee as a House Report, other than a report of the Committee on a measure which has been approved by the Committee, shall be approved by the Committee at a meeting, and Members shall have the same opportunity to submit views as provided for in Rule 8(c).

(ii) Not later than January 2nd of each year, the Committee shall submit to the House an annual report on the activities of the Committee.

(iii) After an adjournment sine die of a regular session of a Congress or after December 15th, whichever occurs first, the Chairman may file the annual Activity Report for that Congress with the Clerk of the House at any time and without the approval of the Committee, provided that a copy of the report has been available to each Member of the Committee for at least seven calendar days and that the report includes any supplemental, minority, or additional views submitted by a Member of the Committee. [See House Rule XI 1(d))]

(2) Other Documents.

(i) Subject to paragraphs (2) and (3), the Chairman may approve the publication of any document as a Committee print which in the Chairman's discretion he determines to be useful for the information of the Committee.

(ii) Any document to be published as a Committee print that purports to express the views, findings, conclusions, or recommendations of the Committee or any of its Subcommittees, other than a report of the Committee on a measure that has been approved by the Committee, must be approved by the Committee or its Subcommittees, as applicable, in a meeting or otherwise in writing by a majority of the Members, and such Members shall have the right to submit supplemental, minority, or additional views for inclusion in the print within at least 48 hours after such approval.

(iii) Any document to be published as a Committee print, other than a document described in subsection (2) of this Rule, shall:

(a) include on its cover the following statement: ``This document has been printed for informational purposes only and does not represent either findings or recommendations adopted by this Committee;'' and

(b) not be published following the sine die adjournment of a Congress, unless approved by the Chairman after consultation with the Ranking Member of the Committee.

(iv) A report of an investigation or study conducted jointly by the Committee and one or more other Committees may be filed jointly, provided that each of the Committees complies independently with all requirements for approval and filing of the report. [House Rule XI 1(b)(2)].

(v) After an adjournment of the last regular session of a Congress sine die, an investigative or oversight report approved by the Committee may be filed with the Clerk at any time, provided that if a Member gives notice at the time of approval of intention to file supplemental, minority, or additional views, that Member shall be entitled to not less than seven calendar days in which to submit such views for inclusion with the report. [House Rule XI 1(b)(4)]

Rule V. BROADCASTING

(a) Whenever a hearing or meeting conducted by the Committee is open to the public, the proceedings shall be open to coverage by audio and visual means, except as provided in Rule XI 4(f)(2) of the House of Representatives.

(b) To the maximum extent practicable the audio and video coverage shall be in a manner that allows the public to easily listen to and view the proceedings.

(c) Operation and use of any Committee internet broadcast system shall be fair and nonpartisan and in accordance with all other applicable rules of the Committee and the House.

(d) To the maximum extent practicable, the Committee shall maintain the recordings of the coverage of such hearings or meetings in a manner easily accessible to the public.

(e) The Chair may not limit the number of television or still cameras to fewer than two representatives from each medium (except for legitimate space or safety considerations, in which case pool coverage shall be authorized).

(f) Radio and television tapes, television films, and internet recordings of any Committee hearings or meetings that are open to the public may not be used, or made available for use, as partisan political campaign material to promote or oppose the candidacy of any person for elective public office.

(g) It is, further, the intent of this rule that the general conduct of each meeting or hearing covered under authority of this rule by audio or visual means, and the personal behavior of the Committee Members and staff, other government officials and personnel, witnesses, television, radio, and press media personnel, and the general public at the meeting or hearing, shall be in strict conformity with and observance of the acceptable standards of dignity, propriety, courtesy, and decorum traditionally observed by the House in its operations, and may not be such as to:

(1) distort the objects and purposes of the meeting or hearing or the activities of Committee Members in connection with that meeting or hearing or in connection with the general work of the Committee or of the House; or

(2) cast discredit or dishonor on the House, the Committee, or a Member, Delegate, or Resident Commissioner or bring the House, the Committee, or a Member, Delegate, or Resident Commissioner into disrepute.

(h) The coverage of Committee meetings and hearings by audio and visual means shall be permitted and conducted only in strict conformity with the purposes, provisions, and requirements of this rule.

(1) The following shall apply to coverage of Committee meetings or hearings by audio or visual means:

(i) If audio or visual coverage of the hearing or meeting is to be presented to the public as live coverage, that coverage shall be conducted and presented without commercial sponsorship.

(ii) The allocation among the television media of the positions or the number of television cameras permitted by the Chair in a hearing or meeting room shall be in accordance with fair and equitable procedures devised by the Executive Committee of the Radio and Television Correspondents' Galleries.

(iii) Television cameras shall be placed so as not to obstruct in any way the space between a witness giving evidence or testimony and any member of the Committee or the visibility of that witness and that member to each other.

(iv) Television cameras shall operate from fixed positions but may not be placed in positions that obstruct unnecessarily the coverage of the hearing or meeting by the other media.

(v) Equipment necessary for coverage by the television and radio media may not be installed in, or removed from, the hearing or meeting room while the Committee is in session.

(vi) Floodlights, spotlights, strobe lights, and flashguns may not be used in providing any method of coverage of the hearing or meeting, except that approved television media may install additional lighting in a hearing or meeting room, without cost to the Government, in order to raise the ambient lighting level in a hearing or meeting room to the lowest level necessary to provide adequate television coverage of a hearing or meeting at the current state of the art of television coverage.

(vii) If requests are made by more of the media than will be permitted by the Chair for coverage of a hearing or meeting by still photography, that coverage shall be permitted on the basis of a fair and equitable pool arrangement devised by the Standing Committee of Press Photographers.

(viii) Photographers may not position themselves between the witness table and the members of the Committee at any time during the course of a hearing or meeting.

(ix) Photographers may not place themselves in positions that obstruct unnecessarily the coverage of the hearing by the other media.

(x) Personnel providing coverage by the television and radio media shall be currently accredited to the Radio and Television Correspondents' Galleries.

(xi) Personnel providing coverage by still photography shall be currently accredited to the Press Photographers' Gallery.

(xii) Personnel providing coverage by the television and radio media and by still photography shall conduct themselves and their coverage activities in an orderly and unobtrusive manner. [House Rule XI(4)]

Rule VI. SUBCOMMITTEES

(a) FULL COMMITTEE JURISDICTION.--The full Committee shall have jurisdiction over such matters as determined by the Chairman.

(b) SUBCOMMITTEES AND JURISDICTION.--There shall be six standing Subcommittees of the Committee on Science, Space, and Technology, with jurisdictions as follows:

The Subcommittee on Energy shall have jurisdiction over the following subject matters: all matters relating to energy research, development, and demonstration projects therefor; commercial application of energy technology; Department of Energy research, development, and demonstration programs; Department of Energy laboratories; Department of Energy science activities; energy supply activities; nuclear, solar, and renewable energy, and other advanced energy technologies; uranium supply and enrichment, and Department of Energy waste management; fossil energy research and development; clean coal technology; energy conservation research and development, including building performance, alternate fuels, distributed power systems, and industrial process improvements; pipeline research, development, and demonstration projects; energy standards; other appropriate matters as referred by the Chairman; and relevant oversight.

The Subcommittee on Environment shall have jurisdiction over the following subject matters: all matters relating to environmental research; Environmental Protection Agency research and development; environmental standards; climate change research and development; the National Oceanic and Atmospheric Administration, including all activities related to weather, weather services, climate, the atmosphere, marine fisheries, and oceanic research; risk assessment activities; scientific issues related to environmental policy, including climate change; remote sensing data related to climate change at the National Aeronautics and Space Administration (NASA); earth science activities conducted by the NASA; other appropriate matters as referred by the Chairman; and relevant oversight.

The Subcommittee on Technology shall have jurisdiction over the following subject matters: all matters relating to competitiveness, technology, standards, and innovation; standardization of weights and measures, including technical standards, standardization, and conformity assessment; measurement, including the metric system of measurement; the Technology Administration of the Department of Commerce; the National Institute of Standards and Technology; the National Technical Information Service; competitiveness, including small business competitiveness; tax, antitrust, regulatory and other legal and governmental policies as they relate to technological development and commercialization; technology transfer, including civilian use of defense technologies; patent and intellectual property policy; international technology trade; research, development, and demonstration activities of the Department of Transportation; surface and water transportation research, development, and demonstration programs; earthquake programs (except for National Science Foundation) and fire research programs, including those related to wildfire proliferation research and prevention; biotechnology policy; research, development, demonstration, and standardsrelated activities of the Department of Homeland Security; Small Business Innovation Research and Technology Transfer; voting technologies and standards; other appropriate matters as referred by the Chairman; and relevant oversight.

The Subcommittee on Research shall have jurisdiction over the following subject matters: all matters relating to science policy and science education; the Office of Science and Technology Policy; all scientific research, and scientific and engineering resources (including human resources); all matters relating to science, technology, engineering and mathematics education; intergovernmental mechanisms for research, development, and demonstration and crosscutting programs; international scientific cooperation; National Science Foundation, including earthquake programs; university research policy, including infrastructure and overhead; university research partnerships, including those with industry; science scholarships; computing, communications, networking, and information technology; research and development relating to health, biomedical, and nutritional programs; research, development, and demonstration relating to nanoscience, nanoengineering, and nanotechnology; agricultural, geological, biological and life sciences research; materials research, development, demonstration, and policy; other appropriate matters as referred by the Chairman; and relevant oversight.

The Subcommittee on Space shall have jurisdiction over the following subject matters: all matters relating to astronautical and aeronautical research and development; national space policy, including access to space; suborbital access and applications; National Aeronautics and Space Administration and its contractor and government-operated labs; space commercialization, including commercial space activities relating to the Department of Transportation and the Department of Commerce; exploration and use of outer space; international space cooperation; the National Space Council; space applications, space communications and related matters; Earth remote sensing policy; civil aviation research, development, and demonstration; research, development, and demonstration programs of the Federal Aviation Administration; space law; other appropriate matters as referred by the Chairman; and relevant oversight.

The Subcommittee on Oversight shall have general and special investigative authority on all matters within the jurisdiction of the Committee on Science, Space, and Technology.

(c) COMPOSITION OF SUBCOMMITTEES.--

(1) A majority of the majority Members of the Committee shall determine an appropriate ratio of majority to minority Members of each Subcommittee and shall authorize the Chairman to negotiate that ratio with the minority party; provided, however, that the ratio of majority Members to minority Members on each Subcommittee (including any ex officio Members who participate as voting members of the Subcommittee) shall be no less favorable to the majority party than the ratio for the Committee.

(2) The Chairman of the Committee and Ranking Member thereof shall be ex officio Members of each Subcommittee to which such Chairman or Ranking Member has not been assigned by resolution of the Committee. Ex officio Members shall make an election within three weeks of the organizational meeting of the Committee as to whether they will serve as voting or non-voting members of each Subcommittee. A nonvoting ex officio member shall not be counted as present for purposes of constituting a quorum at any hearing or meeting of such Subcommittee, and shall not be counted for purposes of calculating the ratio of majority Members to minority Members on the Subcommittee.

(d) REFERRAL TO SUBCOMMITTEES.--The Chairman shall refer all legislation and other matters referred to the Committee to the Subcommittee or Subcommittees of appropriate primary and secondary jurisdiction within two weeks of the matters being referred to the Committee, unless the Chairman deems consideration is to be by the full Committee. Subcommittee Chairs may make requests for referral of specific matters to their Subcommittee within the two week period if they believe Subcommittee jurisdictions so warrant.

(e) SUBCOMMITTEE PROCEDURES AND REPORTS.--

(1) No Subcommittee shall meet to consider for markup or approval any measure or matter when the Committee or any other Subcommittee of the Committee is meeting to consider any measure or matter for markup or approval.

(2) Each Subcommittee is authorized to meet, hold hearings, receive testimony or evidence, mark up legislation, and report to the Committee on all matters referred to it. For matters within its jurisdiction, each Subcommittee is authorized to conduct legislative, investigative, forecasting, and general oversight hearings; to conduct inquiries into the future; and to undertake budget impact studies.

(3) Subcommittee Chairs shall set meeting dates after consultation with the Chairman and other Subcommittee Chairs with a view toward avoiding simultaneous scheduling of Committee and Subcommittee meetings or hearings wherever possible.

(4) During consideration of any measure or matter for markup or approval in a Subcommittee proceeding, a record vote may be had at the request of one or more Members of that Subcommittee.

(5) Each Subcommittee of the Committee shall provide the full Committee with copies of such records of votes taken in the Subcommittee and such other records with respect to the Subcommittee as the Chairman deems necessary for the Committee to comply with the rules and regulations of the House.

(6) After ordering a measure or matter reported, a Subcommittee shall issue a Subcommittee report in such form as the Chairman shall specify. To the maximum extent practicable, reports and recommendations of a Subcommittee shall not be considered by the Committee until after the intervention of 48 hours, excluding Saturdays, Sundays and legal holidays, from the time the report is submitted and made available to the Members of the Committee and printed hearings thereon shall be made available, if feasible, to the Members of the Committee, except that this Rule may be waived at the discretion of the Chairman after consultation with the Ranking Member of the Committee.

RULE VII. SUBPOENAS AND DOCUMENTS

(a) A subpoena may be authorized and issued in the conduct of any investigation or series of investigations or activities to require the attendance and testimony of such witnesses and the production of such books, records, correspondence, memoranda, papers and documents as deemed necessary when authorized by majority vote of the Committee or Subcommittee (as the case may be), a majority of the Committee or Subcommittee being present. Authorized subpoenas shall be signed only by the Chairman, or by any Member designated by the Chairman. [House Rule XI 2(m)(3)(A)]

(b) During any period in which the House has adjourned for a period longer than three days, the Chairman, after consultation with the Ranking Member of the Committee, or, if the Ranking Member cannot be reached, the Ranking Member of the relevant Subcommittee, may authorize and issue subpoenas to require the attendance and testimony of such witnesses and the production of such books, records, correspondence, memoranda, papers, and documents as the Chairman considers necessary.

(c) Unless otherwise determined by the Committee or Subcommittee, certain information received by the Committee or Subcommittee pursuant to a subpoena or request for documents or information not made part of the record at an open hearing shall be deemed to have been received in Executive Session when the Chairman, in his judgment and after consultation with the Ranking Member of the Committee, deems that in view of all of the circumstances, such as the sensitivity of the information or the confidential nature of the information, such action is appropriate.

(d) All national security information bearing a classification of secret or higher which has been received by the Committee or a Subcommittee shall be deemed to have been received in Executive Session and shall be given appropriate safekeeping. The Chair of the Committee may establish such regulations and procedures as in the Chair's judgment are necessary to safeguard classified information under the control of the Committee. Such procedures shall, however, ensure access to this information by any Member of the Committee or any other Member of the House of Representatives who has requested the opportunity to review such material.

Rule VIII. VICE CHAIRS

(a) The Chairman of the Committee 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 the Subcommittee. Vice Chairs of the Committee and each Subcommittee serve at the pleasure of the Chairman, who may at any time terminate his designation of a member as Vice Chair and designate a different member of the majority party to serve as Vice Chair of the Committee or relevant Subcommittee.

(b) The Chairman may, consistent with these rules and the rules of the House of Representatives, from time to time assign duties, privileges, and responsibilities to the Vice Chairs of the Committee or of the various Subcommittees.

Rule IX. OVERSIGHT AND INVESTIGATIONS

(a) The Committee shall review and study, on a continuing basis, the application, administration, execution, and effectiveness of those laws, or parts of laws, the subject matter of which is within its jurisdiction, including all laws, programs, and Government activities relating to nonmilitary research and development, in accordance with House Rule X.

(b) Not later than February 15th of the first session of the 113th Congress, the Committee shall meet in open session, with a quorum present, to adopt its oversight plan for submission to the Committee on Oversight and Government Reform and the Committee on House Administration, in accordance with the provisions of clause 2(d) of Rule X of the House of Representatives.

(c) The Chairman may undertake any formal investigation in the name of the Committee after consultation with the Ranking Member of the Committee.

(d) The Chair of any Subcommittee shall not undertake any formal investigation in the name of the Committee or Subcommittee without formal approval by the Chairman of the Committee, in consultation with other appropriate Subcommittee Chairs, and after consultation with the Ranking Member of the Committee. The Chair of any Subcommittee shall also consult with the Ranking Member of the Subcommittee before undertaking any investigation in the name of the Subcommittee. Nothing in this subsection shall be interpreted to infringe on a Subcommittee's authority to conduct general oversight of matters within its jurisdiction, short of undertaking a formal investigation.

Rule X. COMMITTEE 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 of Representatives. The Chairman shall notify the Ranking Member of the Committee of any decision, pursuant to Rule VII 3(b)(3) or clause 4(b) of the Rules of the House of Representatives, 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. [House Rule XI 2(e)(3)]

Rule XI. OFFICIAL COMMITTEE WEBSITE

The Chairman shall maintain an official Committee website for the purpose 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 Member of the Committee may maintain a similar website for the same purpose, including communicating information about the activities of the minority to Committee Members and other Members of the House.

Rule XII. AMENDMENTS TO COMMITTEE RULES.

The rules of the Committee may be modified, amended or repealed, in the same manner and method as prescribed for the adoption of committee rules in clause 2 of rule XI of the Rules of the House, but only if written notice of the proposed change has been provided to each such Member at least 72 hours before the time of the meeting at which the vote on the change occurs. Any such change in the rules of the Committee shall be published in the Congressional Record within 30 calendar days after their approval.

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rules of the Committee on energy and commerce for the 113th Congress

Mr. UPTON. Mr. Speaker, 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 113th Congress, which were adopted by the Committee on January 22, 2013.

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 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 the amount and source (by agency and program) of any federal grant (or subgrant thereof) or contract (or subcontract thereof) received during the current fiscal year or either of the two preceding fiscal years by the witness or by an entity represented by the witness.

(d) Questioning. (1) The right to interrogate the witnesses before the Committee 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. The minority chairman emeritus shall be an ex officio member without voting privileges of each subcommittee of which the minority chairman emeritus is not assigned as a member and shall not be counted for purposes of establishing a quorum on any such subcommittee.

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.

(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 113th 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. SUBPOENAS AND INTERVIEWS

(a) Subpoenas. The chairman of the Committee may, after consultation with the ranking minority member, authorize and issue a subpoena under clause 2(m) of Rule XI of the House. If the ranking minority member objects to the proposed subpoena in writing, the matter shall be referred to the Committee for resolution. The chairman of the Committee may authorize and issue subpoenas without referring the matter to the Committee for resolution during any period for which the House has adjourned for a period in excess of 3 days when, in the opinion of the chairman, authorization and issuance of the subpoena is necessary. The chairman shall report to the members of the Committee on the authorization and issuance of a subpoena during the recess period as soon as practicable but in no event later than one week after service of such subpoena.

(b) Interviews. The chairman of the Committee may authorize committee staff to conduct transcribed interviews in the furtherance of a Committee investigation.

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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SOURCE: Congressional Record Vol. 159, No. 15