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Lamar S.
Republican TX 21

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  • Publication of Committee Rules

    by Representative Lamar Smith

    Posted on 2013-02-01

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    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 [[Page H309]] 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).

    [[Page H310]] (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, [[Page H311]] 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.

    ____ 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.

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