{ "id": "R44247", "type": "CRS Report", "typeId": "R", "number": "R44247", "active": true, "source": "CRSReports.Congress.gov, EveryCRSReport.com", "versions": [ { "source_dir": "crsreports.congress.gov", "title": "A Survey of House and Senate Committee Rules on Subpoenas", "retrieved": "2021-12-17T04:03:43.392720", "id": "R44247_10_2021-11-12", "formats": [ { "filename": "files/2021-11-12_R44247_561595c6370635e60cc70acbc73de5f1af83edc1.pdf", "format": "PDF", "url": "https://crsreports.congress.gov/product/pdf/R/R44247/10", "sha1": "561595c6370635e60cc70acbc73de5f1af83edc1" }, { "format": "HTML", "filename": "files/2021-11-12_R44247_561595c6370635e60cc70acbc73de5f1af83edc1.html" } ], "date": "2021-11-12", "summary": null, "source": "CRSReports.Congress.gov", "typeId": "R", "active": true, "sourceLink": "https://crsreports.congress.gov/product/details?prodcode=R44247", "type": "CRS Report" }, { "source": "EveryCRSReport.com", "id": 585219, "date": "2018-01-29", "retrieved": "2018-09-13T22:45:38.740526", "title": "A Survey of House and Senate Committee Rules on Subpoenas", "summary": "House Rule XI, clause 2(m)(1) and (3) authorizes House committees and subcommittees to issue subpoenas for the attendance of witnesses and the production of documents. Senate Rule XXVI, paragraph 1 authorizes Senate committees and subcommittees to subpoena witnesses and documents. In turn, most House and Senate committees have adopted in their own rules subpoena provisions containing procedures for exercising this grant of power from their parent chamber.\nCommittee rules may cover authorization, issuance, and service of subpoenas; may cover just one or two of these actions; or may be silent on exercise of the subpoena power. A subpoena must be authorized pursuant to committee rules\u2014a decision to approve this legal order to a person to appear or to provide documents. Once authorized, if the committee wishes to take the next step, a subpoena must be issued pursuant to committee rules\u2014signed and given to an individual to deliver the subpoena to the person named in it. To deliver a subpoena to the person named is to serve the subpoena.\nMost House and Senate committees have specifically included in their rules one or more provisions on committees\u2019 and subcommittees\u2019 power to authorize subpoenas by majority vote. Most House committees have also delegated to their chair the power to authorize subpoenas. Many of these rules delegating authority also require the chair to consult or notify the committee\u2019s ranking minority member. \nMost Senate committees\u2019 subpoena rules delegate to the chair and ranking minority member together the power to authorize subpoenas.\nIn addition to rules on authorizing subpoenas, the rules of most committees in both chambers also address issuing subpoenas. Most House committees\u2019 rules delegate authority to issue subpoenas to the chair, and allow another committee member who has been designated by the committee to sign a subpoena. Most Senate committees\u2019 rules delegate authority to issue subpoenas to the chair, and allow another committee member designated by the chair to sign a subpoena.\nSome committees\u2019 rules are explicit on procedures for subcommittees to authorize subpoenas; other committees\u2019 rules are not explicit. \nCommittees in both chambers have other rules on subpoenas than the prevailing approach in one chamber. Requirements or limitations pertaining to subpoenas may appear in committees\u2019 rules, such as conditions placed on a chair\u2019s exercise of subpoena authority delegated to the chair or on a ranking minority member\u2019s role in authorizing a subpoena. The distinctions among committees\u2019 subpoena rules are varied and nuanced.\nCommittees\u2019 other procedural rules affect scheduling and conducting meetings to authorize a subpoena. These other rules may deal with the notice for and agenda of a meeting, the quorum to conduct business, and voting.", "type": "CRS Report", "typeId": "REPORTS", "active": true, "formats": [ { "format": "HTML", "encoding": "utf-8", "url": "http://www.crs.gov/Reports/R44247", "sha1": "c700433dd880b357038c1bb29daa080f6a179aa1", "filename": "files/20180129_R44247_c700433dd880b357038c1bb29daa080f6a179aa1.html", "images": {} }, { "format": "PDF", "encoding": null, "url": "http://www.crs.gov/Reports/pdf/R44247", "sha1": "ffec8450a8d07460d77b4a1cb3d1a81f95008651", "filename": "files/20180129_R44247_ffec8450a8d07460d77b4a1cb3d1a81f95008651.pdf", "images": {} } ], "topics": [ { "source": "IBCList", "id": 4808, "name": "Congressional Committee Procedure" } ] }, { "source": "EveryCRSReport.com", "id": 460392, "date": "2017-04-11", "retrieved": "2017-08-22T15:11:43.560410", "title": "A Survey of House and Senate Committee Rules on Subpoenas", "summary": "House Rule XI, clause 2(m)(1) and (3) authorizes House committees and subcommittees to issue subpoenas for the attendance of witnesses and the production of documents. Senate Rule XXVI, paragraph 1 authorizes Senate committees and subcommittees to subpoena witnesses and documents. In turn, most House and Senate committees have adopted in their own rules subpoena provisions containing procedures for exercising this grant of power from their parent chamber.\nCommittee rules may cover authorization, issuance, and service of subpoenas; may cover just one or two of these actions; or may be silent on exercise of the subpoena power. A subpoena must be authorized pursuant to committee rules\u2014a decision to approve this legal order to a person to appear or to provide documents. Once authorized, if the committee wishes to take the next step, a subpoena must be issued pursuant to committee rules\u2014signed and given to an individual to deliver the subpoena to the person named in it. To deliver a subpoena to the person named is to serve the subpoena.\nMost House and Senate committees have specifically included in their rules one or more provisions on committees\u2019 and subcommittees\u2019 power to authorize subpoenas by majority vote. Most House committees have also delegated to their chair the power to authorize subpoenas. Many of these rules delegating authority also require the chair to consult or notify the committee\u2019s ranking minority member. \nMost Senate committees\u2019 subpoena rules delegate to the chair and ranking minority member together the power to authorize subpoenas.\nIn addition to rules on authorizing subpoenas, the rules of most committees in both chambers also address issuing subpoenas. Most House committees\u2019 rules delegate authority to issue subpoenas to the chair, and allow another committee member who has been designated by the committee to sign a subpoena. Most Senate committees\u2019 rules delegate authority to issue subpoenas to the chair, and allow another committee member designated by the chair to sign a subpoena.\nSome committees\u2019 rules are explicit on procedures for subcommittees to authorize subpoenas; other committees\u2019 rules are not explicit. \nCommittees in both chambers have other rules on subpoenas than the prevailing approach in one chamber. Requirements or limitations pertaining to subpoenas may appear in committees\u2019 rules, such as conditions placed on a chair\u2019s exercise of subpoena authority delegated to the chair or on a ranking minority member\u2019s role in authorizing a subpoena. The distinctions among committees\u2019 subpoena rules are varied and nuanced.\nCommittees\u2019 other procedural rules affect scheduling and conducting meetings to authorize a subpoena. These other rules may deal with the notice for and agenda of a meeting, the quorum to conduct business, and voting.", "type": "CRS Report", "typeId": "REPORTS", "active": true, "formats": [ { "format": "HTML", "encoding": "utf-8", "url": "http://www.crs.gov/Reports/R44247", "sha1": "42d4c28347c14bac01093698ae8a94f1ad72dd39", "filename": "files/20170411_R44247_42d4c28347c14bac01093698ae8a94f1ad72dd39.html", "images": {} }, { "format": "PDF", "encoding": null, "url": "http://www.crs.gov/Reports/pdf/R44247", "sha1": "bd24e49387418a1b0aef28d3033e71bbf7b61439", "filename": "files/20170411_R44247_bd24e49387418a1b0aef28d3033e71bbf7b61439.pdf", "images": {} } ], "topics": [ { "source": "IBCList", "id": 4808, "name": "Congressional Committee Procedure" } ] }, { "source": "EveryCRSReport.com", "id": 459810, "date": "2017-03-16", "retrieved": "2017-03-22T18:27:09.312331", "title": "A Survey of House and Senate Committee Rules on Subpoenas", "summary": "House Rule XI, clause 2(m)(1) and (3) authorizes House committees and subcommittees to issue subpoenas for the attendance of witnesses and the production of documents. Senate Rule XXVI, paragraph 1 authorizes Senate committees and subcommittees to subpoena witnesses and documents. In turn, most House and Senate committees have adopted in their own rules subpoena provisions containing procedures for exercising this grant of power from their parent chamber.\nCommittee rules may cover authorization, issuance, and service of subpoenas; may cover just one or two of these actions; or may be silent on exercise of the subpoena power. A subpoena must be authorized pursuant to committee rules\u2014a decision to approve this legal order to a person to appear or to provide documents. Once authorized, if the committee wishes to take the next step, a subpoena must be issued pursuant to committee rules\u2014signed and given to an individual to deliver the subpoena to the person named in it. To deliver a subpoena to the person named is to serve the subpoena.\nMost House and Senate committees have specifically included in their rules one or more provisions on committees\u2019 and subcommittees\u2019 power to authorize subpoenas by majority vote. Most House committees have also delegated to their chair the power to authorize subpoenas. Many of these rules delegating authority also require the chair to consult or notify the committee\u2019s ranking minority member. \nMost Senate committees\u2019 subpoena rules delegate to the chair and ranking minority member together the power to authorize subpoenas.\nIn addition to rules on authorizing subpoenas, the rules of most committees in both chambers also address issuing subpoenas. Most House committees\u2019 rules delegate authority to issue subpoenas to the chair, and allow another committee member who has been designated by the committee to sign a subpoena. Most Senate committees\u2019 rules delegate authority to issue subpoenas to the chair, and allow another committee member designated by the chair to sign a subpoena.\nSome committees\u2019 rules are explicit on procedures for subcommittees to authorize subpoenas; other committees\u2019 rules are not explicit. \nCommittees in both chambers have other rules on subpoenas than a chamber\u2019s prevailing approach. Requirements or limitations pertaining to subpoenas may appear in committees\u2019 rules, such as conditions placed on a chair\u2019s exercise of subpoena authority delegated to the chair or on a ranking minority member\u2019s role in authorizing a subpoena. The distinctions among committees\u2019 subpoena rules are varied and nuanced.\nCommittees\u2019 other procedural rules affect scheduling and conducting meetings to authorize a subpoena. These other rules may deal with the notice for and agenda of a meeting, the quorum to conduct business, and voting.\nThis report will be updated as House and Senate committees continue to adopt or change rules for the 115th Congress.", "type": "CRS Report", "typeId": "REPORTS", "active": true, "formats": [ { "format": "HTML", "encoding": "utf-8", "url": "http://www.crs.gov/Reports/R44247", "sha1": "3a44f39b4991c01bae6b6f296b8789ff12ccc6a8", "filename": "files/20170316_R44247_3a44f39b4991c01bae6b6f296b8789ff12ccc6a8.html", "images": null }, { "format": "PDF", "encoding": null, "url": "http://www.crs.gov/Reports/pdf/R44247", "sha1": "0bf6950e21d255e8701a4a833dd86a59cbb37812", "filename": "files/20170316_R44247_0bf6950e21d255e8701a4a833dd86a59cbb37812.pdf", "images": null } ], "topics": [ { "source": "IBCList", "id": 4808, "name": "Congressional Committee Procedure" } ] }, { "source": "EveryCRSReport.com", "id": 446725, "date": "2015-10-26", "retrieved": "2016-04-06T18:05:47.979620", "title": "A Survey of House and Senate Committee Rules on Subpoenas", "summary": "House Rule XI, clause 2(m)(1) and (3) authorizes House committees and subcommittees to issue subpoenas for the attendance of witnesses and the production of documents. Senate Rule XXVI, paragraph 1 authorizes Senate committees and subcommittees to subpoena witnesses and documents. In turn, most House and Senate committees have adopted in their own rules subpoena provisions containing procedures for exercising this grant of power from their parent chamber.\nCommittee rules may cover authorization, issuing, and service of subpoenas; may cover just one or two of these actions; or may be silent on exercise of the subpoena power. A subpoena must be authorized\u2014a decision to approve this legal order to a person to appear to testify or to provide documents. Once authorized, a subpoena must be issued\u2014signed and given to an individual to deliver the subpoena to the person named in it. To deliver a subpoena to the person named is to serve the subpoena.\nMost House and Senate committees have specifically included in their rules one or more provisions on committees\u2019 and subcommittees\u2019 power to authorize subpoenas by majority vote. Most House committees have also delegated to their chair the power to authorize subpoenas. Many of these rules delegating authority also require the chair to consult the committee\u2019s ranking minority Member. \nMost Senate committees\u2019 subpoena rules delegate to the chair and ranking minority Member together the power to authorize subpoenas.\nIn addition to rules on authorizing subpoenas, the rules of most committees in both chambers also address issuing subpoenas. Most House committees\u2019 rules delegate authority to issue subpoenas to the chair or to another committee member who has been designated by the committee. Most Senate committees\u2019 rules delegate authority to issue subpoenas to the chair or to another committee member designated by the chair.\nSome committees\u2019 rules are explicit on procedures for subcommittees to authorize subpoenas; other committees\u2019 rules are not explicit. Other requirements or limitations pertaining to subpoenas may also appear in committees\u2019 rules. \nThe distinctions among committees\u2019 subpoena rules are varied and nuanced.\nCommittees\u2019 other procedural rules might have an effect on scheduling and conducting meetings to authorize a subpoena. These other rules deal with the notice for and agenda of a meeting, the quorum to conduct business, voting, and consideration.", "type": "CRS Report", "typeId": "REPORTS", "active": true, "formats": [ { "format": "HTML", "encoding": "utf-8", "url": "http://www.crs.gov/Reports/R44247", "sha1": "90b344d042c0973f8d1c2ad9a682e612c428fcea", "filename": "files/20151026_R44247_90b344d042c0973f8d1c2ad9a682e612c428fcea.html", "images": null }, { "format": "PDF", "encoding": null, "url": "http://www.crs.gov/Reports/pdf/R44247", "sha1": "c7f9c9e98583c98cb5b66567ab642b0c3f51396b", "filename": "files/20151026_R44247_c7f9c9e98583c98cb5b66567ab642b0c3f51396b.pdf", "images": null } ], "topics": [ { "source": "CongOpsList", "id": 4137, "name": "House Committee System and Proceedings" }, { "source": "CongOpsList", "id": 4138, "name": "Senate Committee System and Proceedings" } ] } ], "topics": [ "Foreign Affairs", "Legislative Process" ] }