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Thursday, January 27, 2011

Committee Rules in the House on Legislative Activities: Planning for the 112th Congress


Michael L. Koempel
Senior Specialist in American National Government

Judy Schneider
Specialist on the Congress

Brian P. J. Tabit
Research Associate


Rule XI, clause 2(a)(1) directs each standing committee to adopt “written rules governing its procedure.” This paragraph continues: “Such rules…(B) may not be inconsistent with the Rules of the House or with those provisions of law having the force and effect of Rules of the House….” Rule XI, clause 1(a)(1)(A) in addition states: “The Rules of the House are the rules of its committees and subcommittees so far as applicable.” Finally, Rule XI, clause1(a)(1)(B) subordinates subcommittees to the committee of which they are a part: “Each subcommittee is a part of its committee and is subject to the authority and direction of that committee and to its rules, so far as applicable.”

Many House rules applicable to committee procedures are contained in Rule XI, which includes at clause 3 specific procedures applicable to the Committee on Ethics (formerly the Committee on Standards of Official Conduct). Three other House rules that are specifically relevant to committees. Rule X contains the legislative and oversight jurisdiction of each standing committee, several clauses on committee procedures and operations, and a clause specifically addressing the jurisdiction and operation of the Permanent Select Committee on Intelligence. Rule XII concerns the referral of legislation and related matters. Rule XIII addresses the filing and content of committee reports.

This report analyzes Rules X, XI, XII, and XIII, as they were amended for the 112
th Congress and as they relate to legislative activities, principally hearings, oversight, and markups. Provisions of these House rules are clustered by topic, rather than rule number.

In adopting their rules for the 111
th Congress, committees in some instances adopted House rules unchanged, and in other instances adapted House rules to their own needs where they had discretion to do so. As this report was being published, House committees were scheduling their organizational meetings to adopt rules for the 112th Congress. Variations in key committee rules are highlighted in five tables: 
  • referring measures or matters to subcommittees—whether the chair may or must refer legislation to a subcommittee, the time frame within which a decision must be made, and where authority to discharge a subcommittee resides; 
  • scheduling hearings and meetings—committees’ regular meeting day and time, authority to schedule additional meetings, and authority to cancel meetings; 
  • hearings—quorum requirements, extending witness questioning time, and order of questioning witnesses; 
  • subpoenas—committee authority, chair authority, ranking minority member authority, and notification to committee members of issuance of a subpoena by a chair; and 
  • record votes—obtaining a record vote, and postponing further proceedings when a record vote is requested. 
These committee rules and additional committee rules are examined in the context of specific House rules.


Date of Report: January 24, 2011
Number of Pages: 52
Order Number: R41605
Price: $29.95

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