Volume 163, No. 176 covering the 1st Session of the 115th Congress (2017 - 2018) 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 H8288-H8291 on Oct. 31, 2017.
More than half of the Agency's employees are engineers, scientists and protection specialists. The Climate Reality Project, a global climate activist organization, accused Agency leadership in the last five years of undermining its main mission.
The publication is reproduced in full below:
PUBLICATION OF COMMITTEE RULES
RULES OF THE COMMITTEE ON SCIENCE, SPACE, AND TECHNOLOGY FOR THE 115th
CONGRESS
House of Representatives, Committee on Science, Space, and Technology,
Washington, DC, October 26, 2017.Hon. Paul Ryan,The Speaker, House of Representatives,Washington, DC.
Dear Mr. Speaker: (Pursuant to clause 2(a)(2) of Rule XI of the Rules of the House of Representatives, I hereby submit the rules of the Committee on Science, Space, and Technology for the 115th Congress for publication in the Congressional Record. These rules were adopted by the Committee on February 7, 2017, in a meeting that was open to the public.
Thank you for your consideration.
Sincerely,
Lamar Smith,
Chairman.
Rule I. General
(a) Application of Rules.
(1) The Rules of the House of Representatives (``House Rules'') are the rules of the Committee on Science, Space, and Technology and its Subcommittees with the specific additions thereto contained in these rules.
(2) Except where the term ``Subcommittee'' is specifically referred to, the following rules shall apply to the Committee and its Subcommittees as well as to the respective Chairs and Ranking Minority Members.
(b) Other Procedures. The Chair 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.
(c) Use of Hearing Rooms. In consultation with the Ranking Minority 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 Chair.
(1) A regular meeting of the Committee may be dispensed with if, in the judgment of the Chair, there is no need for the meeting.
(2) The Chair 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.
(b) Bills and Subjects to be Considered.
(1) The Chair shall announce the date, place, and subject matter of any Committee meeting, which may not commence earlier than the third day on which Members have notice thereof, unless the Chair, with the concurrence of the Ranking Minority Member, or the Committee by majority vote with a quorum present for the transaction of business, determines there is good cause to begin the meeting sooner, in which case the Chair shall make the announcement at the earliest possible date.
(2) At least 48 hours prior to the commencement of a meeting for the markup of legislation, the Chair shall cause the text of such legislation to be made publicly available in electronic form.
(3) 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 Minority Member at least 24 hours prior to the consideration of the measure or matter, and the Chair may oppose any amendment not so submitted.
(c) Open Meetings.
(1) Meetings for the transaction of business and hearings of the Committee shall be open to the public or closed in accordance with the House Rules.
(2) Any Member who is not a Member of the Committee (or any Committee Member who is not a Member of the Subcommittee) may have the privilege of nonparticipatory attendance at Committee or Subcommittee hearings or meetings in accordance with clause 2(g)(2) of House Rule XI. Such Member may not:
i. vote on any matter;
ii. be counted for the purpose of establishing a quorum;
iii. participate in questioning a witness under the 5-Minute Rule, unless permitted to do so by the Chair;
iv. raise points of order; or
v. offer amendments or motions.
(d) Quorums. A majority of the Committee shall form a quorum, except that two Members shall constitute a quorum for taking testimony and receiving evidence, and one third of the Members shall foam a quorum for taking any action other than for which the presence of a majority of the Committee is otherwise required. If the Chair is not present at any meeting of the Committee or Subcommittee, the Vice Chair on the Committee who is present shall preside at the meeting, unless another Member of the Committee is designated by the Chair.
(e) Postponement of Proceedings.
(1) Pursuant to clause 2(h)(4) of House Rule XI, 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 vote 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.
(f) Time for Statements and Debate.
(1) Insofar as is practicable, the Chair, after consultation with the Ranking Minority Member, shall limit the total time of opening statements by Members at a Committee meeting to no more than ten minutes, the time to be divided equally between the Chair and Ranking Minority Member. When requested, ex officio Members of any Subcommittee shall also be recognized at a Subcommittee hearing for five minutes each to present an opening statement.
(2) The time any one Member may address the Committee on any bill, amendment, motion, or other matter under consideration by the Committee 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.
(g) Requests for Recorded Vote. A record vote of the Committee shall be provided on any question before the Committee upon the request of one-fifth of the Members present.
(h) Transcripts. Transcripts of markups shall be recorded and may be published in the same manner as hearings before the Committee.
(i) Motion to Go to Conference. Without further action of the Committee, the Chair is authorized to offer a motion under clause 1 of House Rule XXII whenever the Chair considers it appropriate.
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 the Committee on any measure or matter at least one week before the commencement of that hearing. If the Chair, with the concurrence of the Ranking Minority Member, determines there is good cause to begin the hearing sooner, or if the Committee 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 Minority 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) 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 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, however additional time may be granted by the Chair when appropriate.
(3) The Chair, or any Member of the Committee designated by the Chair, may administer oaths to witnesses before the Committee.
(4) Whenever any hearing is conducted by the Committee on any measure or matter, the Minority Members of the Committee 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.
(5) In the case of a witness appearing in a nongovernmental capacity, a written statement of proposed testimony shall include a curriculum vitae and a disclosure of any Federal grants, cooperative agreements, or contracts, or contracts or payments originating with a foreign government, received during the current calendar year or either of the two previous calendar years by the witness or by an entity represented by the witness and related to the subject matter of the hearing. The disclosure shall include the amount and source of each Federal grant (or subgrant thereof), cooperative agreement, or contract (or subcontract thereof) related to the subject matter of the hearing; and the amount and country of origin of any payment or contract related to the subject matter of the hearing originating with a foreign government. Such statements, with appropriate redactions to protect the privacy or security of the witness, shall be made publicly available in electronic form not later than one day after the witness appears.
(c) Questioning of Witnesses.
(1) The right to interrogate a witness before the Committee shall alternate between Majority and Minority Members of the Committee. Each Member shall be limited to five minutes in the interrogation of witnesses. No Member may be recognized for a second period of interrogation until each Member present, who wishes to be recognized, has been recognized at least once.
(2) Notwithstanding clause 1, upon a motion the Chair, in consultation with the Ranking Minority Member, may:
i. Designate an specified number of Members of the Committee 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 a period of time equally divided between the majority party and the minority party, not to exceed one hour in the aggregate.
(3) Members of the Committee 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 before the Committee. The letters of transmittal and any responses thereto shall be included in the hearing record.
(d) Claims of Privilege. Claims of common-law privileges made by witnesses in hearings, or by interviewees or deponents in investigations or inquiries, are applicable only at the discretion of the Chair, subject to appeal to the Committee.
(e) Publication of Transcripts. The transcripts of those hearings conducted by the Committee, 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, 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 Chair 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.
(f) Pertinence of Testimony. At the discretion of the Committee, brief and pertinent statements may be submitted in writing for inclusion in the record. The Committee is the sole judge of the pertinence of testimony and evidence adduced at its hearing.
Rule IV. Reports
(a) Bills and resolutions approved by the Committee shall be reported by the Chair pursuant to clauses 2-4 of House Rule XIII.
(b) 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).
(c) Every investigative or oversight report shall be approved by a majority vote of the Committee at a meeting at which a quorum is present. If at the time of approval of such a report a Member of the Committee gives notice of intent to file supplemental, minority, additional, or dissenting views that Member shall be entitled to file such views.
(d) Only those investigative or oversight reports approved by a majority vote of the Committee may be ordered printed, unless otherwise required by House Rules.
Rule V. Broadcasting
(a) Whenever a meeting for the transaction of business, including the markup of legislation or a hearing is open to the public, that meeting or hearing shall be open to coverage by television, radio, and still photography in accordance with clause 4 of House Rule XI.
(b) To the maximum extent practicable, the Committee shall provide audio and visual coverage of each hearing or meeting for the transaction of business in a manner that allows the public to easily listen to and view the proceedings, and maintain the recordings of such coverage in a manner that is easily accessible to the public. Operation and use of any Committee internet broadcast system shall be fair and nonpartisan, and in accordance with clauses 4(b) and (f) of House Rule XI and all other applicable rules of the Committee and the House.
Rule VI. Subcommittees
(a) Committee Jurisdiction. The Committee shall have jurisdiction over such matters as determined by the Chair.
(b) Subcommittees and Jurisdiction. There shall be five standing Subcommittees of the Committee on Science, Space, and Technology, with jurisdictions as follows:
(1) 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 Chair; and relevant oversight.
(2) 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 Chair; and relevant oversight.
(3) Subcommittee on Research and Technology. 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 cross-cutting programs; international scientific cooperation; National Science Foundation; 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; 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 related 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 and fire research programs, including those related to wildfire proliferation research and prevention; biotechnology policy; research, development, demonstration, and standards-related 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 Chair; and relevant oversight.
(4) 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; sub-orbital 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 Chair; and relevant oversight.
(5) Subcommittee on Oversight. Shall have general and special investigative authority on all matters within the jurisdiction of the Committee.
(c) Composition of Subcommittees.
(1) The Chair shall assign Members to the Subcommittees. Minority party assignments shall be made only with the concurrence of the Ranking Minority Member. The Chair shall determine the ratio of Majority Members to Minority Members of each Subcommittee; provided that the ratio of Majority Members to Minority Members on each Subcommittee (excluding any ex officio Member) shall be no less favorable to the majority party than the ratio for the Committee.
(2) The Chair and Ranking Minority Member of the Committee shall be ex officio Members of each Subcommittee to which such Chair or Ranking Minority Member has not been assigned by the Chair. They are not authorized to vote on Subcommittee matters. Unless they are regular Members of the Subcommittee, they shall not be counted in determining a Subcommittee quorum other than a quorum for taking testimony.
(d) Referral to Subcommittees. The Chair shall expeditiously refer all legislation and other matters referred to the Committee to the Subcommittee or Subcommittees of appropriate jurisdiction, unless the Chair deems consideration is to be by the Committee. Subcommittee Chairs may make requests for referral of specific matters to their Subcommittee if they believe Subcommittee jurisdictions so warrant.
(e) Subcommittee Procedures and Reports.
(1) Subcommittee Chairs shall set meeting dates with the concurrence of the Chair and after consultation with the other Subcommittee Chairs with a view toward avoiding simultaneous scheduling of Subcommittee meetings or hearings wherever possible. No Subcommittee may meet or hold a hearing at the same time as a meeting or hearing of the Committee without authorization from the Chair.
(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) Each Subcommittee shall provide the Committee with copies of such records of votes taken in the Subcommittee and such other records with respect to the Subcommittee as the Chair of the Committee deems necessary to ensure compliance with the House Rules.
(4) After ordering a measure or matter reported, a Subcommittee shall issue a report in such form as the Chair 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 from the time the report is submitted and made available to the Committee. Printed hearings thereon shall be made available, if feasible, to the Committee, except that this Rule may be waived at the discretion of the Chair after consultation with the Ranking Minority Member.
Rule VII. Vice Chairs
(a) The Chair 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 Chair, 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 Chair may assign duties, privileges, and responsibilities to the Vice Chairs of the Committee or the various Subcommittees.
Rule VIII. 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 115th Congress, the Committee shall meet in open session, with a quorum present, to adopt its authorization and 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 House Rule X.
(c) Any investigation undertaken in the name of the Committee shall be approved by the Chair. 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 an investigation.
Rule IX. Subpoenas
The power to authorize and issue subpoenas is delegated to the Chair as provided for under clause 2(m)(3)(A)(i) of House Rule XI.
Rule X. Deposition Authority
The Chair may authorize the staff of the Committee to conduct depositions pursuant to section 3(b) of House Resolution 5, 115th Congress, and subject to any regulations issued pursuant thereto.
Rule XI. Committee Records
(a) The records of the Committee at the National Archives and Records Administration shall be made available for public use in accordance with House Rule VII.
(b) The Chair shall notify the Ranking Minority Member of the Committee of any decision, pursuant to clauses 3(b)(3) or 4(b) of House Rule VII, 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.
Rule XII. Official Committee Website
The Chair 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 Minority 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 XIII. Committee Budget
From the amount provided to the Committee in the primary expense resolution adopted by the House of Representatives in the 115th Congress, the Chair shall designate one-third of the budget, after adjustment for the salaries of the shared administrative functions for the Clerk, Printer and Financial Administrator, under the direction of the Ranking Minority Member for the purposes of minority staff, travel expenses of minority staff and Members, and all other minority office expenses.
Rule XIV. 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 House Rule XI, but only if written notice of the proposed change has been provided to each such Member at least 3 days 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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