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24–709 2017

MARKUP OF A SUPPLEMENTAL FUNDING 

RESOLUTION OF ORIGINAL JURISDICTION 

HEARING 

BEFORE THE

COMMITTEE ON HOUSE 

ADMINISTRATION 

HOUSE OF REPRESENTATIVES 

ONE HUNDRED FOURTEENTH CONGRESS 

SECOND SESSION 

NOVEMBER 16, 2016 

Printed for the use of the Committee on House Administration 

( 

Available on the Internet: 

http://www.gpoaccess.gov/congress/house/administration/index.html 


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(II) 

COMMITTEE ON HOUSE ADMINISTRATION 

CANDICE S. MILLER, Michigan, Chairman 

GREGG HARPER, Mississippi 

RICHARD NUGENT, Florida 

RODNEY DAVIS, Illinois 

BARBARA COMSTOCK, Virginia 

MARK WALKER, North Carolina 

ROBERT A. BRADY, Pennsylvania 

Ranking Minority Member 

ZOE LOFGREN, California 

JUAN VARGAS, California 

PROFESSIONAL STAFF

SEAN MORAN, Staff Director 

JAMIE FLEET, Minority Staff Director 


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MARKUP OF A SUPPLEMENTAL FUNDING 

RESOLUTION OF ORIGINAL JURISDICTION 

WEDNESDAY, NOVEMBER 16, 2016 

HOUSE OF REPRESENTATIVES, 

COMMITTEE ON HOUSE ADMINISTRATION, 

Washington, DC. 

The Committee met, pursuant to call, at 4:42 p.m., in Room 

1310, Longworth House Office Building, Hon. Candice S. Miller 

[Chairman of the Committee] presiding. 

Present: Representatives Miller, Harper, Nugent, Davis, Comstock, Walker, Brady, Lofgren, and Vargas. 

Staff Present: Sean Moran, Staff Director; Katie Patru, Deputy 

Staff Director; Bob Sensenbrenner, General Counsel; Erin 

McCracken, Communications Director; C. Maggie Moore, Legislative Clerk; Tim Sullivan, Staff Assistant; Jamie Fleet, Minority 

Staff Director; Matt Pinkus, Minority Senior Policy Advisor; Khalil 

Abboud, Minority Deputy Staff Director/Director of Legislative Operations; Mike Harrison, Minority Chief Counsel; and Eddie 

Flaherty, Minority Chief Clerk. 

The CHAIRMAN. I now call to order the Committee on House Administration for today’s Committee markup. A quorum is present, 

so we may proceed. 

The meeting record will remain open for 5 legislative days so 

that Members may submit any materials that they wish to be included therein. 

And today we will consider only one item on our agenda, a resolution of original jurisdiction that authorizes additional funds for 

the Committee on Energy and Commerce’s budget for the remainder of the 114th Congress. 

Last year on October the 7th, the House created a Select Investigative Panel on Infant Lives within the Committee on Energy and 

Commerce, and while everybody wasn’t in favor of this panel, it 

was passed by a majority vote of the House. 

This Committee’s responsibility is to ensure that each committee 

has sufficient resources to fulfill their assigned oversight duties. 

Last year, our Committee transferred funds from the Committee 

Reserve Account to the Energy and Commerce Committee so the 

panel could begin its work. An additional transfer was made earlier 

this year. These funds were allocated based on the full Committee’s 

needs to fulfill its mission. 

These initial transfers were insufficient to cover the costs associated with the Select Panel. The matter before us today will rectify 

this situation and allow the Committee on Energy and Commerce 


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and the Select Investigative Panel to continue to operate until the 

end of this Congress. 

This markup is an institutional responsibility. Actually, if we 

don’t allocate these additional funds, the work of the entire Committee on Energy and Commerce, both for the majority staff and 

the minority staff, would be negatively impacted. That is for certain. The Committee would be unable to complete its work. This 

work covers important areas such as electronic communications, 

environmental protection, and health care. 

We certainly had differences of opinion on the creation of this Select Investigative Panel. However, we are not here to relitigate a 

decision that the House has made more than a year ago, but we 

are here to fulfill our institutional responsibilities. So it is my hope 

that we send this resolution swiftly to the floor for a vote. 

I would now like to recognize my colleague and the Committee’s 

Ranking Member, Mr. Brady, for the purpose of an opening statement. 

Mr. BRADY. Thank you, Madam Chairman. 

Madam Chairman, I oppose the funding resolution before us 

today. I will have a longer statement for the record, but let me 

briefly say that 3 House committees, 12 States, and 1 grand jury 

have already investigated the matter this panel was created to examine. None found evidence of wrongdoing. And yet, if we pass this 

measure, we will have wasted over $1.5 million in taxpayers’ 

money on this redundant and unnecessary exercise. 

I am troubled by the treatment of the minority Members of the 

Committee. It is my understanding that the majority has misused 

unilaterally subpoena authority, with the Chair issuing 42 unilateral subpoenas without consulting with the Democrats. At best, 

this is a violation of the longstanding House rules and practice. At 

worst, it violates the bipartisan spirit of cooperation the American 

people expect from their Congress. I understand that Democrats 

have been denied access to the panel records, including documents 

that have then later been used in hearings and depositions. 

It is time for the Panel to end conducting this unnecessary and 

expensive work. 

Thank you again, Madam Chairman. 

[Prepared statement follows:] 


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The CHAIRMAN. I thank the gentleman very much. 

Are there any other Members of the Committee that wish to be 

recognized for purpose of providing an opening statement? 

The Chair lays before the Committee at this time a resolution of 

original jurisdiction providing for the further expenses of the Committee on Energy and Commerce in the amount of $800,000. And, 

without objection, the resolution is considered read and open for 

amendment. 

[The resolution follows:] 


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The CHAIRMAN. Would any Member like to offer an amendment? 

Mr. BRADY. Madam Chairman, I offer an amendment to the resolution. 

[The amendment of Mr. Brady follows:] 


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The CHAIRMAN. The gentleman is recognized. 

Mr. BRADY. Madam Chairman, this amendment is about making 

sure the minority on the Committee is treated fairly and that the 

Select Panel finishes its work. 

The amendment also requires the Panel to provide House Administration with weekly reports on its the expenditures as well as any 

activities of the Subcommittee, including the issuance of subpoenas. 

Further, the amendment requires the majority to provide notice 

to and consult with the Ranking Member of the Panel in advance 

of the issuing of any subpoenas if it is to use any of its supplementary funds for that purpose. 

It is unfortunate that we must force the majority to cooperate 

with the minority, but actions speak louder than words, and that 

is why I offer this amendment and urge its adoption. 

And thank you again, Madam Chair. 

The CHAIRMAN. I thank the gentleman. 

Do any other Members wish to be recognized to speak on this 

amendment? 

If there are no more comments, we will vote on the gentleman’s 

amendment. The question is on the amendment offered by the gentleman, the Ranking Member, to the resolution. 

Those in favor of the amendment would signify by saying aye. 

All opposed, signify by saying nay. 

In the opinion of the Chair, the nays have it, and the amendment 

is not agreed to. 

Are there any other amendments? 

If not, then I move that the Committee favorably report the resolution of original jurisdiction to the House. 

And all those in favor, signify by saying aye. 

Opposed, say nay. 

In the opinion of the Chair, the ayes have it. The ayes have it, 

and the motion is agreed to. 

Without objection, a motion to reconsider is laid upon the table. 

Does any Member wish to file supplemental, minority, or additional views for inclusion in the Committee Report to the House? 

Mr. BRADY. Madam Chair, I announce that the Democratic Members will request the 2 additional calendar days provided by clause 

2(l) of Rule XI of the Rules of the House in order to file views. 

The CHAIRMAN. Pursuant to clause 2 of Rule XI, a Member is entitled to 2 additional calendar days to file such views in writing 

and signed by that Member with the Clerk of the Committee. 

Any other business before the Committee? 

Mr. BRADY. Madam Chair, before we adjourn, it is bittersweet 

that I will not be able to sit next to you again unless I take a 

visit—— 

The CHAIRMAN. Come to Michigan. 

Mr. BRADY [continuing]. To Michigan, which I wouldn’t mind 

doing. 

But it is an absolute pleasure to be working as your Minority 

Chair. You have been extremely gracious, respectful, and, without 

question, one of the classiest ladies that I know in the House of 

Representatives. And you will be surely missed by this House and 

by me. 


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And, Madam Chair, whether I am out of order or not, I am giving you a kiss. 

The CHAIRMAN. Thank you. I can’t tell you how much I appreciate those comments. I sincerely appreciate it, sincerely appreciate 

it. 

And it has been my privilege and honor to be the Chairperson 

of this Committee during the last couple of Congresses and working with a fantastic Committee and a fantastic staff, and that is 

both on the majority and the minority side. 

And, certainly, working alongside, shoulder to shoulder, with you 

as my Ranking Member, we have done a lot of good work for this 

institution. We have hardly had disagreement on very many issues, 

actually. I think we have all just tried to work together and make 

sure that our committees are properly resourced, that this institution operates to the best of our ability. 

And it has been my pleasure to serve with you, as well. So if you 

don’t come to Michigan, I might look you up in Philly, right? 

Mr. BRADY. You can come to Philadelphia. 

The CHAIRMAN. I may do that. 

At any rate, I really have enjoyed being the Chairman of this 

Committee. It has just been fantastic. So I will look forward to the 

next Chairman doing some really fantastic work on this Committee. We will see what happens. But, at any rate, I am a Michigan girl. It is time for me to go back home. So I certainly have enjoyed it. 

And, without objection, the meeting is adjourned. Thank you. 

[Whereupon, at 4:49 p.m., the Committee was adjourned.] 

Æ 


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