A Survey of House and Senate Committee Rules on Subpoenas

October 26, 2015 – November 12, 2021 R44247

A Survey of House and Senate
Committee Rules on Subpoenas
Updated November 12, 2021
Congressional Research Service
https://crsreports.congress.gov
R44247

A Survey of House and Senate
Committee Rules on Subpoenas

Summary
House Rule XI, clauses 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 their own rules on
subpoena provisions containing procedures for exercising this grant of power from their parent
chamber.
Committee 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. Once authorized, if the committee seeks to take the next
step, a subpoena must be issued pursuant to committee rules—signed and given to an individual
to serve a subpoena to the person named in it.
Most House and Senate committees have included in their rules one or more provisions on
committees’ and subcommittees’ 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’s ranking
minority member.
Most Senate committees’ subpoena rules delegate the power to authorize subpoenas to the chair
with the agreement of the ranking minority member.
In addition to rules on authorizing subpoenas, the rules of most committees in both chambers also
address issuing subpoenas. Most House committees’ rules delegate authority to issue subpoenas
to the chair, while several committees allow another committee member who has been designated
by the committee to sign a subpoena. Most Senate committees’ rules delegate authority to issue
subpoenas to the chair and allow another committee member designated by the chair to sign a
subpoena.
Some committees’ rules enable subcommittees to authorize subpoenas; other committees’ rules do
not explicitly provide this authority.
Requirements or limitations pertaining to subpoenas may appear in committees’ rules, such as
conditions placed on a chair’s exercise of subpoena authority or on a ranking minority member’s
role in authorizing a subpoena.
Committees’ 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.
Congressional Research Service

A Survey of House and Senate
Committee Rules on Subpoenas

Introduction
House and Senate rules provide committees and subcommittees authority to subpoena witnesses
and documents. Committees’ subpoena power is defined thus: “The authority granted to
committees by the rules of their respective houses to issue legal orders requiring individuals to
appear and testify, or to produce documents pertinent to the committee’s functions, or both.”1
Most committees have adopted rules containing procedures for exercising this power.2
Committee 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 and issued pursuant to committee rules—signed and given to an individual to serve the
subpoena on the person named in it.3
Most House and Senate committees have specifically included in their rules one or more
provisions on committees’ and subcommittees’ power to authorize subpoenas by majority vote.4
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’s ranking minority member.
Most Senate committees’ subpoena rules delegate the power to authorize subpoenas to the chair
with the agreement of the ranking minority member.
Most Senate committees also have rules on committee authorization of subpoenas, and some have
rules on subcommittee authorization.
In addition to rules on authorizing subpoenas, the rules of most committees in both chambers also
address issuing subpoenas. Most House committees’ rules delegate authority to issue subpoenas
to the chair, while several committees allow another committee member who has been designated
by the committee to sign a subpoena. Most Senate committees’ rules delegate authority to issue
subpoenas to the chair and allow another committee member designated by the chair to sign a
subpoena.
This report begins with an explanation of how to analyze committees’ subpoena rules. The report
then first surveys House committees’ subpoena rules, followed by a survey of Senate committees’
subpoena rules. Both surveys begin with a brief description of chamber rules, followed by a short
summary of that chamber’s committees’ rules that are ancillary to committee subpoena
authorization procedures or appear in only one or two committees’ rules. The surveys each
include a table that compares the chamber’s committees’ rules on authorizing and issuing
subpoenas, with table notes adding further detail.5

1 Walter Kravitz, Congressional Quarterly’s American Congressional Dictionary, 3rd ed. (Washington, DC: CQ Press,
2001), p. 250.
2 For an introduction to congressional subpoenas and their enforcement, see CRS Report R45653, Congressional
Subpoenas: Enforcing Executive Branch Compliance, by Todd Garvey.
3 House and Senate rules do not require committees to provide public notice detailing their exercise of the subpoena
power. Accordingly, comprehensive data on how frequently or infrequently committees issue subpoenas is not readily
available.
4 House and Senate committees must adopt and publish committee rules in each Congress (House Rule XI, clause
2(a)(1), and Senate Rule XXVI, paragraph 2). In the first months following the convening of a new Congress,
committees hold organizational meetings at which they typically adopt rules and a proposed budget and take other
actions in preparation for the new Congress. Although committees tend to adopt most or all of the rules that they had
adopted in the preceding Congress, they also often adopt incremental changes to these rules.
5 There are means besides subpoenas for congressional committees to obtain information, especially from the executive
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A Survey of House and Senate
Committee Rules on Subpoenas

All committee rules analyzed in this report are rules adopted at the beginning of the 117th
Congress. The committees published their rules in the Congressional Record, complying with
their chamber’s rule on publication. All rules were published in the Record before March 31,
2021.
House Rules on Subpoenas
Rule XI, clauses 2(m)(1) and (3), authorizes committees and subcommittees to issue subpoenas
for the attendance of witnesses and the production of documents.6 Clause 2(m)(3) requires
authorization by a committee or subcommittee, “a majority being present.”7 Under Rule XI,
clause 2(h)(3), committee rules may establish the quorum for debating a subpoena at no less than
one-third the membership of the committee.
Rule XI, clause 2(m)(3), also allows committees to adopt rules to delegate the authorization and
issuance of subpoenas to a committee’s chair “under such rules and under such limitations as the
committee may prescribe.” This same subparagraph requires subpoenas to be signed by the chair
or by a member who has been designated by the committee.
Rule XI, clause 2(m)(3)(B), allows a committee or subcommittee to designate a return for
documents other than at a meeting or hearing.8 Clause 2(m)(3)(C) allows enforcement of a
subpoena only as authorized or directed by the House.9
Rule X, clause 10(b), makes Rule XI, clause 2(a), requiring the adoption of committee rules,
applicable to select and joint committees unless the House has decided otherwise. Clause 2(a)
requires that committee rules incorporate the other provisions of Rule XI, clause 2, including
clause (m), which provides for subpoena authority.10

branch, which include the voluntary appearance of witnesses; writing requirements for reports or studies into law;
resolutions of inquiry (see CRS Report R40879, Resolutions of Inquiry: An Analysis of Their Use in the House, 1947-
2017, by Christopher M. Davis); and existing provisions of law, such as Title 5, Section 2954, of the U.S. Code, which
requires an executive agency to submit information requested by the House Committee on Oversight and Reform, or by
any seven members of the committee, or by the Senate Committee on Homeland Security and Governmental Affairs, or
by any five members of the committee. Depositions and other oversight techniques, which may include the exercise of
a committee’s subpoena authority, are discussed in CRS Report RL30240, Congressional Oversight Manual,
coordinated by Christopher M. Davis, Todd Garvey, and Ben Wilhelm.
6 House Rule XI, clauses 2(k)(5) and (6), allow a committee to dispose of requests to subpoena additional witnesses, as
requested by a witness or by others, including committee members.
7 House Rule XI, clause 2(m)(3)(A)(ii), however, requires a majority of members of a subcommittee of the Ethics
Committee to vote to authorize and issue a subpoena.
8 Return in this rule refers to instructions to the individual named on when and where to respond to the subpoena with
the documents demanded. This rule allows a committee or subcommittee to issue a subpoena to an individual both to
appear and to provide documents but to deliver the documents at another time than the hearing or meeting at which the
individual is directed to appear. If the subpoena is for documents only, the delivery may occur outside of the time
designated for a hearing or meeting of the committee or subcommittee authorizing the subpoena.
9 “An individual who fails or refuses to comply with a House subpoena may be cited for contempt of Congress.”
Charles W. Johnson, John V. Sullivan, and Thomas J. Wickham Jr. House Practice: A Guide to the Rules, Precedents,
and Procedures of the House (Washington, DC: GPO, 2017), p. 457. See House Practice, Chapter 17, “Contempt,” pp.
457-462, for an explanation of how the House enforces a subpoena if an individual fails to comply. See also CRS
Report R45653, Congressional Subpoenas: Enforcing Executive Branch Compliance, by Todd Garvey.
10 For examples of the House deciding to alter the applicability of Rule XI, clause 2 to select committees, see Sec. 4 of
H.Res. 567 (113th Congress, 2013-2014.) and Section 5 of H.Res. 503 (117th Congress, 2021-2022). The resolutions
provided that the chairs would authorize and issue subpoenas and also exempted the select committees from the
requirement of adopting committee rules. The resolutions that initially established the Select Committee on the
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Committee Rules on Subpoenas

House Committees’ Rules on Subpoenas
If a committee meets to consider one or more subpoenas for a witness, witnesses, or documents, it
meets in a markup session, and members may offer amendments and motions, make points of
order, and engage the relevant procedures and procedural strategy that could also occur in a
markup of legislation. When a House committee or subcommittee will consider authorizing a
subpoena, the committee’s rules on scheduling, notice, open meetings, quorum, and voting apply.
Committees’ rules also mirror a House rule requiring a majority to be actually present to report
(Rule XI, clause 2(h)(1)). The House Office of General Counsel maintains subpoena-related
forms to assist committees and may advise committees on subpoenas.
Most committees’ rules delegate authority to issue subpoenas to their chair, but many committees
with such a rule also require the chair to consult or notify the ranking minority member. In many
committees, subcommittees may authorize and issue subpoenas subject to specified conditions.
Some committees’ rules are not explicit on procedures for subcommittees to authorize subpoenas.
The principal attributes of committees’ subpoena rules are analyzed and displayed in Table 1.
Table 2 provides the relevant texts of the subpoena rules.
Other provisions pertaining to subpoenas appear in committee rules but may not be included in
Table 1 or Table 2. Generally, these rules are ancillary to subpoena authorization rules. They are
described here.
Several committees reference the authority of the House to enforce a subpoena issued by the
committee or, if permitted by committee rules, its subcommittees. These committees are the
Committees on Agriculture, Appropriations, Armed Services, Oversight and Reform, and
Transportation and Infrastructure.
In addition, several committees have rules stating that the committees may cite offenders to the
House for contempt.11 The rules of the Permanent Select Committee on Intelligence specify that
authority while establishing conditions prior to the referral of a contempt recommendation.
“Reasonable” notice of a meeting to consider a contempt recommendation must be given to all
committee members. The committee must meet and consider the contempt allegations. The
individual who is the subject of the allegations must have an opportunity to respond in writing or
in person as to why or why not the individual should be held in contempt. The committee by
majority vote must agree to recommend a contempt citation to the House.12
The Committee on Ethics has five rules related to subpoenas separate from their authorization and
issuance. One rule provides that “all evidence or testimony” submitted pursuant to a subpoena by
an investigative subcommittee are “deemed to have been taken or produced in executive session.”

Modernization of Congress and the Select Committee on the Climate Crisis in the 116th Congress and the Select
Committee on Economic Disparity and Fairness in Growth in the 117th Congress did not provide subpoena authority
but did allow the select committees to submit subpoena recommendations to the relevant standing committees. See
H.Res. 6 (116th Congress, 2019-2020) and H.Res. 8 (117th Congress, 2021-2022).
11 According to the House Parliamentarian, the Supreme Court, in its rulings, has established that “an individual who
fails or refuses to comply with a House subpoena may be cited for contempt of Congress” (House Practice, p. 457).
Presumably, committees have the authority to cite subpoena offenders to the House, even if they do not specify such
authority in their rules. Contempt of Congress is defined as “Willful obstruction of the proper functions of Congress.
Most frequently, it is a refusal to obey a subpoena to appear and testify before a committee or to produce documents
demanded by it” (Congressional Quarterly’s American Congressional Dictionary, p. 66; see also CRS Report R45653,
Congressional Subpoenas: Enforcing Executive Branch Compliance, by Todd Garvey and House Practice, pp. 457-
462).
12 Six additional committees (Agriculture, Ethics, Homeland Security, House Administration, Oversight and Reform,
and Veterans’ Affairs) state in their rules that the “committee may cite the offender to the House [or House of
Representatives] for contempt.”
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Two rules relate specifically to subpoenas issued by adjudicatory subcommittees. First, a
subpoena for documents may specify terms of return other than a meeting or hearing of the
subcommittee. Second, a subpoena requiring a witness to appear must be served “sufficiently in
advance” of the scheduled appearance to allow the witness to prepare and to retain counsel. The
fourth rule proscribes committee members and staff from disclosing to a person outside the
committee the name of a witness subpoenaed to testify or produce documents. The final rule
appears to apply to all subpoenaed witnesses, covering, with exceptions, travel expenses at the
per-diem rate established by the House Administration Committee.
The Committee on Transportation and Infrastructure has a similar rule on expenses of subpoenaed
witnesses.
The rules of the Committee on Homeland Security allow the chair with the concurrence of the
ranking minority member or the committee to include provisions in a subpoena that “prevent” the
disclosure of the committee’s demand for information “when deemed necessary for the security
of information or the progress of an investigation.” Such provisions may prohibit witnesses and
their counsel from revealing the committee’s inquiry. Another rule pertaining to a subpoena for
documents allows the committee to specify terms of return other than a regularly scheduled
meeting of the committee.
Two committees—Rules and Small Business—delegate subpoena authority to the chair if the
House has adjourned for more than three days. In recent practice, the House has not adjourned for
more than three days, preventing the use of this provision in the committees’ rules.13
Five committees also have rules on service of subpoenas. Four committees—Budget, Financial
Services, Natural Resources, and Rules—provide that a subpoena may be served by any person
designated by the chair or by the member authorized by the committee to issue subpoenas. The
Intelligence Committee’s rule allows the chair to designate a person to serve a subpoena.
The Intelligence Committee’s rules also specifically require a copy of the committee’s rules to be
attached to any subpoena.
Explanation of Tables 1 and 2: Committee Subpoena Requirements,
House Committees’ Rules, 117th Congress
Table 1 compares House committees’ rules in the 117th Congress on whose authority a subpoena
may be authorized and issued and on notifying members of a committee that a subpoena has been
issued. Committees are listed in alphabetical order in the left column, with the Permanent Select
Committee on Intelligence and the Select Committee to Investigate the January 6th Attack on the
United States Capitol appearing at the end of the table.14 The table headings contain key terms
describing committees’ rules. A check in a box indicates that the committee adopted a rule or a
closely related variation on it. An empty box indicates that a committee did not address that
subject. Certain checks and blank boxes are footnoted to offer additional detail on a particular

13 The adjournment in excess of three days referred to in the committee rule presumably refers to an adjournment of the
House taken pursuant to concurrent resolution. The House and Senate have not agreed to a concurrent resolution of
adjournment since the 114th Congress (2015-2016), choosing instead to meet in periodic pro forma sessions during
periods of extended absence. For more information, see CRS Report R42977, Sessions, Adjournments, and Recesses of
Congress, by Richard S. Beth and Valerie Heitshusen.
14 The remaining select committees established in the 117th Congress (the Select Committee on Economic Disparity
and Fairness in Growth, the Select Committee on the Climate Crisis, and the Select Committee on the Modernization of
Congress) do not have subpoena authority.
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committee’s rule or lack of a rule. In some cases, a single table note is used to offer additional
detail on a rule or circumstances that affect more than one committee’s rules.
Table 2 provides the text of House committee rules regarding the authorization and issuance of
subpoenas. It does not include all references to subpoenas, such as the required quorum to
authorize a subpoena or other provisions ancillary to subpoena authorization requirements.
Table 1. House Committee Subpoena Requirements
117th Congress (2021-2022)
Chair Has Authority
Authorized to Sign or
to Authorizeb
Issue Subpoena
By Majority Vote
Notification
of Committee/
Shall
Member
to
Subcommittee
Consult
a
Own
Designated
Committee
Ranking
Chair
Initiative
Minority
by
Committee
Member
Committee
Agriculture
√
√
√
√
√

Appropriations
√a
√c

√
√

Armed Services
√ad

√
√

Budget
√
√c

√c

Education and Labor

√
√
√

√
Energy and

√
√
√

√
Commerce
Ethics
√a

√e

Financial Services

√
√f
√
√

Foreign Affairs
√a
√
√
√
√

Homeland Security

√
√
√

√
House Administration
√
√
√
√
√

Judiciary
√a
√
√f
√
√

Natural Resources
√a
√
√g
√h

Oversight and Reform

√

√

Rules
√ai
i

√
√

Science, Space, and

√
√
√

Technology

Small Business
√j
i
i
√k

Transportation and
Infrastructure
√a
√l
√
√l
√
√
Veterans’ Affairs
√m

Ways and Means

√

√

Permanent Select
Committee on
√
√
√
√
√

Intelligence
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Chair Has Authority
Authorized to Sign or
to Authorizeb
Issue Subpoena
By Majority Vote
Notification
of Committee/
Shall
Member
to
Subcommittee
Consult
a
Own
Designated
Committee
Ranking
Chair
Initiative
Minority
by
Committee
Member
Committee
Select Committee to
Investigate the
January 6th Attack on

√

√o

the United States
Capitol0
Source: CRS analysis of House committee rules, 117th Congress.
Notes:
a. Denotes committees that have rules that explicitly address the subpoena authority of subcommittees.
b. Even in cases where a committee has delegated the power to authorize and issue subpoenas to its chair
pursuant to Rule XI, clause 2(m)(3), the committee retains the ability to meet and, with a majority quorum
present, vote to authorize and issue a subpoena.
c. The power to authorize and issue subpoenas may be delegated to the chair pursuant to such rules and under
such limitations as the committee may prescribe.
d. A subpoena may be authorized and issued by the committee, or any subcommittee with the concurrence of
the chair and after consultation with the ranking minority member.
e. The chair and ranking minority member together issue subpoenas on behalf of the committee and investigative
subcommittees. The committee rule permitting adjudicatory subcommittees to authorize subpoenas does not
indicate who may issue them.
f. Unless there are exigent circumstances, the chair, when authorizing a subpoena, wil provide written notice to
the ranking minority member a specified period in advance of the issuance of a subpoena, and such notice shall
include a ful copy of the proposed subpoena, including any proposed document schedule.
g. The chair’s advanced written notice to the ranking member is to include justification for the proposed
subpoena in addition to a copy of the proposed subpoena and any production schedules.
h. No subpoena shall issue under authority of the chair if a majority of the members of the committee, within
the specified consultation period, request of the chair in writing a special meeting of the committee to consider
the proposed subpoena.
i. The committee has authority to authorize subpoenas. This authority is delegated to the chair if the House has
adjourned for a period of longer than three days. Under these circumstances, the Small Business Committee
rules also require the chair to consult with the ranking member before authorizing a subpoena.
j. The rule states that the committee’s requirement for a majority vote to authorize a subpoena may be waived
by the ranking minority member.
k. The committee is to issue a subpoena. When the House is not in session for more than three legislative days,
the chair may issue a subpoena in consultation with the ranking minority member.
l. The rule states that the chair may authorize and issue a subpoena if “a specific request for a subpoena has not
been previously rejected by either the Committee or subcommittee.”
m. The committee, by a majority of the members voting, may authorize and issue a subpoena. The rule does not
specify who is authorized to sign a subpoena.
n. The resolution that established the select committee, H.Res. 503 (117th Congress), provided subpoena
authority to the chair and exempted the select committee from the requirement to adopt committee rules.
o. The chair or the chair’s designee may sign a subpoena.
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Table 2. Text of House Committee Rules Related to the Authorization and Issuance
of Subpoenas
117th Congress (2021-2022)
Committee
Rule(s)
Agriculture
Rule VII, Subpoenas, Depositions, and Oaths:
(a) Issuance of Subpoenas.—In accordance with clause 2(m) of House Rule XI, a subpoena may be
authorized and issued by a majority of the Committee or by the Chairman in consultation with the
Ranking Minority Member. Such consultation shall occur at least 48 hours in advance of a subpoena
being issued under such authority. Authorized subpoenas shall be signed by the Chairman of the
Committee or by any Member designated by the Committee.
Appropriations
Section 1, Power to Sit and Act:
(a) For the purpose of carrying out any of its functions and duties under rules X and XI of the Rules
of the House of Representatives, the Committee and each of its subcommittees is authorized:…
(2) To require, by subpoena or otherwise, the attendance and testimony of such witnesses and
the production of such books, reports, correspondence, memorandums, papers, and documents
as it deems necessary….
(c) A subpoena may be authorized and issued by the Committee or its subcommittees under
subsection (a)(2) in the conduct of any investigation or activity or series of investigations or activities,
only when authorized by a majority of the Members of the Committee voting, a majority being
present. The power to authorize and issue subpoenas under subsection (a)(2) may be delegated to
the Chair pursuant to such rules and under such limitations as the Committee may prescribe.
Authorized subpoenas shall be signed by the Chair or by any Member designated by the Committee.
Armed Services
Rule 12, Power to Sit and Act; Subpoena Power:
(a) For the purpose of carrying out any of its functions and duties under rules X and XI of the Rules
of the House of Representatives, the Committee and any subcommittee is authorized (subject to
subparagraph (b)(1) of this paragraph):…
(2) to require by subpoena, or otherwise, the attendance and testimony of such witnesses and
the production of such books, records, correspondence, memorandums, papers and documents,
including, but not limited to, those in electronic form, as it considers necessary.
(b)(1) A subpoena may be authorized and issued by the Committee, or any subcommittee with the
concurrence of the Chairman and after consultation with the Ranking Minority Member, under
subparagraph (a)(2) in the conduct of any investigation, or series of investigations or activities, only
when authorized by a majority of the members voting, 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 Committee.
Budget
Rule 18, Subpoenas and Oaths:
(a) In accordance with clause 2(m) of Rule XI of the Rules of the House of Representatives,
subpoenas authorized by a majority of the Committee or by the Chair (pursuant to such rules and
limitations as the Committee may prescribe) may be issued over the signature of the Chair or of any
member of the Committee designated by him, and may be served by any person designated by the
Chair or such member.
Education and
Rule 10, Subpoena Authority:
Labor
The power to authorize and issue subpoenas is delegated to the Chair of the ful Committee, as
provided for under clause 2(m)(3)(A)(i) of Rule XI of the Rules of the House of Representatives. The
Chair shall notify the Ranking Member prior to issuing any subpoena under such authority. To the
extent practicable, the Chair shall consult with the Ranking Member at least 24 hours in advance of a
subpoena being issued under such authority, excluding Saturdays, Sundays, and federal holidays. As
soon as practicable after issuing any subpoena under such authority, the Chair shall notify in writing
all members of the Committee on the issuance of the subpoena.
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Committee
Rule(s)
Energy and
Rule 16, Subpoena Power: The power to authorize and issue subpoenas is delegated to the chair of
Commerce
the ful Committee, as provided for under clause 2(m)(3)(A)(i) of Rule XI of the Rules of the House
of Representatives. The chair shal notify the ranking minority member prior to issuing any subpoena
under such authority. To the extent practicable, the chair shall consult with the ranking minority
member at least 72 hours in advance of a subpoena being issued under such authority. The chair shall
report to the members of the Committee on the issuance of a subpoena as soon as practicable but in
no event later than one week after issuance of such subpoena.
Ethics
Rule 10, Vote Requirements:
(a) The fol owing actions shall be taken only upon an affirmative vote of a majority of the members of
the Committee or subcommittee, as appropriate: (1) Issuing a subpoena….
Rule 19, Investigative Subcommittee:
(b) In an inquiry undertaken by an investigative subcommittee—….
(5) The subcommittee, by a majority vote of its members, may require, by subpoena or
otherwise, the attendance and testimony of witnesses and the production of such books,
records, correspondence, memoranda, papers, documents, and other items as it deems
necessary to the conduct of the inquiry. Unless the Committee otherwise provides, the
subpoena power shall rest in the Chair and Ranking Minority Member of the Committee and a
subpoena shall be issued upon the request of the investigative subcommittee.
Financial
Rule 3, Meeting and Hearing Procedures:
Services
Subpoenas and Oaths
(e)(1) The power to authorize and issue subpoenas is delegated to the Chair. Unless there are
exigent circumstances, the Chair wil provide written notice to the ranking minority member at least
48 hours in advance of the authorization and issuance of a subpoena, and such notice shall include a
ful copy of the proposed subpoena, including any proposed document schedule.
(2) Authorized subpoenas shall be signed by the Chair or by any member designated by the
Committee and may be served by any person designated by the Chair or such member. The Chair or
any person designated by the Chair to serve a subpoena will copy the Ranking Minority Member or
designated minority staff when a subpoena is issued and served electronically.
Foreign Affairs
Rule 22, Subpoena Powers:
A subpoena may be authorized and issued by the Chairman, in accordance with clause 2(m) of rule
XI of the House of Representatives, in the conduct of any investigation or activity or series of
investigations or activities within the jurisdiction of the Committee, fol owing consultation with the
Ranking Minority Member not less than three calendar days (excluding Saturdays, Sundays, and legal
holidays, unless the House is in session on such days) prior to the issuance of such subpoena.
In addition, a subpoena may be authorized and issued by the Committee or its subcommittees in
accordance with clause 2(m) of rule XI of the House of Representatives, in the conduct of any
investigation or activity or series of investigations or activities, when authorized by a majority of the
Members voting, a majority of the Committee or subcommittee being present.
Authorized subpoenas shall be signed by the Chairman or by any Member designated by the
Committee.
Homeland
Rule XII, Subpoenas; Counsel:
Security
(A) Authorization.—The power to authorize and issue subpoenas is delegated to the Chairman of
the Ful Committee, as provided for under clause 2(m)(3)(A)(i) of Rule XI of the Rules of the House
of Representatives. The Chairman shall notify the Ranking Minority Member prior to issuing any
subpoena under such authority. To the extent practicable, the Chairman shall consult with the
Ranking Minority Member at least 24 hours in advance of a subpoena being issued under such
authority, excluding Saturdays, Sundays, and Federal holidays. The Chairman of the Ful Committee
shall notify Members of the Committee of the authorization and issuance of a subpoena under this
rule as soon as practicable, but in no event later than one week after service of such subpoena.
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Committee
Rule(s)
House
Rule 6, Power to Sit and Act; Subpoena Power:
Administration
(b)(1) A subpoena may be authorized and issued by the Chairperson of the ful Committee, in
accordance with clause 2(m) of rule XI of the House of Representatives, in the conduct of any
investigation or activity or series of investigations or activities within the jurisdiction of the
Committee, fol owing consultation with the ranking minority member.
(2) In addition, a subpoena may be authorized and issued by the Committee in accordance with
clause 2(m) of rule XI of the Rules of the House of Representatives, in the conduct of any
investigation or activity or series of investigations or activities, when authorized by a majority of the
Members voting, a majority of the Committee being present. Authorized subpoenas shall be signed
by the Chairperson or by any Member designated by the Committee.
Judiciary
Rule IV, Subpoenas:
(a) A subpoena may be authorized and issued by the Chairman, in accordance with clause 2(m) of
rule XI of the House of Representatives, in the conduct of any investigation or activity or series of
investigations or activities within the jurisdiction of the Committee, fol owing consultation with the
Ranking Minority Member.
(b) In addition, a subpoena may be authorized and issued by the Committee or its Subcommittees in
accordance with clause 2(m) of rule XI of the House of Representatives, in the conduct of any
investigation or activity or series of investigations or activities, when authorized by a majority of the
Members voting, a majority of the Committee or Subcommittee being present. Authorized
subpoenas shall be signed by the Chairman or by any Member designated by the Committee.
(c) At least two calendar days (excluding Saturdays, Sundays, and legal holidays when the House is
not in session) before issuing any subpoena pursuant to subsection (a), the Chair shall consult with
the Ranking Member regarding the authorization and issuance of such subpoena and shall provide a
ful copy of the proposed subpoena, including any proposed document schedule, at that time.
(d) The requirements of subsection (c) may be waived in the event of an emergency that does not
reasonably allow for advance written notice.
Natural
Rule 4, Hearing Procedures:
Resources
(d): Subpoenas. –
(1)The Committee or a Subcommittee may authorize and issue a subpoena under clause 2(m) of
House Rule XI if authorized by a majority of the Members voting.
(2) In addition, the Chair of the Ful Committee may authorize and issue a subpoena subject to
the fol owing conditions:
i. No subpoena shall issue under authority of this Committee Rule 4(d)(2) until seven
calendar days have elapsed after the Chair of the Committee has consulted with the
Ranking Member regarding such subpoena. Such consultation shall be in writing and shall
include a justification for the proposed subpoena, a copy of the subpoena, and any
production schedules.
i . No subpoena shall issue under authority of this Committee Rule 4(d)(2) if a majority of
the Members of the Committee, within the seven day consultation period, request of the
Chair in writing a special meeting of the Committee to consider the proposed subpoena
under Committee Rule 4(d)(1).
(3) Subpoenas shall be signed only by the Chair of the Committee or any Member of the
Committee authorized by the Committee. Subpoenas may be served by any person designated
by the Chair or the authorized signing Member.
Oversight and
Rule 12, Additional Duties of the Chair of the Committee:
Reform
The Chair of the Committee shall:…
(g) Authorize and issue subpoenas as provided in House Rule XI, clause 2(m), in the conduct of any
investigation or activity or series of investigations or activities within the jurisdiction of the
Committee.
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Committee
Rule(s)
Rules
Rule 3, Subpoenas and Oaths:
(e)(1) Pursuant to clause 2(m) of rule XI of the Rules of the House of Representatives, a subpoena
may be authorized and issued by the Committee or a subcommittee in the conduct of any
investigation or series of investigations or activities, only when authorized by a majority of the
members voting, a majority being present.
(2) The Chair may authorize and issue subpoenas under such clause during any period in which the
House has adjourned for a period of longer than three days.
(3) Authorized subpoenas shall be signed by the Chair or by any member designated by the
Committee, and may be served by any person designated by the Chair or such member.
Science, Space,
Rule IX, Subpoenas:
and Technology
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. The Chair shall notify the Ranking Minority Member prior to issuing
any subpoena under such authority. To the extent practicable, the Chair shall consult with the
Ranking Minority Member at least 24 hours in advance of a subpoena being issued under such
authority.
Small Business
Rule 11, Subpoenas:
(A) Authorization and Issuance. A subpoena may be authorized and issued by the Committee in the
conduct of any investigation or series of investigations or activities to require the attendance and
testimony of such witness and the production of such books, records, correspondence, memoranda,
papers and documents, as deemed necessary. Such subpoena shall be authorized by a majority of the
ful Committee. The requirement that the authorization of a subpoena requires a majority vote may
be waived by the Ranking Minority Member of the Committee.
(B) Issuance During Congressional Recess. The Chair may issue a subpoena, in consultation with the
Ranking Minority Member, when the House is out for session for more than three legislative days.
Transportation
Rule XII, Power to Sit and Act; Power to Conduct Investigation Oaths; Subpoena Power:
and
(a) Authority To Sit and Act.—For the purpose of carrying out any of its functions and duties under
Infrastructure
Rules X and XI of the Rules of the House, the Committee and each of its subcommittees, is
authorized (subject to paragraph (d)(1))—….
(2) to require, by subpoena or otherwise, the attendance and testimony of such witness and the
production of such books, records, correspondence, memorandums, papers, and documents, as
it deems necessary….
(d) Issuance of Subpoenas.—
(1) In General.—A subpoena may be issued by the Committee or subcommittee under
paragraph (a)(2) in the conduct of any investigation or activity or series of investigations or
activities, only when authorized by a majority of the members voting, a majority being present.
Such authorized subpoenas shall be signed by the Chair of the Committee or by any member
designated by the Committee. If a specific request for a subpoena has not been previously
rejected by either the Committee or subcommittee, the Chair of the Committee, after
consultation with the ranking minority member of the Committee, may authorize and issue a
subpoena under paragraph (a)(2) in the conduct of any investigation or activity or series of
investigations or activities, and such subpoena shall for all purposes be deemed a subpoena
issued by the Committee. As soon as practicable after a subpoena is issued under this rule, the
Chair shall notify all members of the Committee of such action.
Veterans’ Affairs
Rule 1, General Provisions:
(h) Subpoenas. –Pursuant to clause 2(m) of House rule XI, subpoenas may be authorized and issued
by the Committee in the conduct of any investigation or series of investigations or activities, only
when authorized by a majority of the members voting, a majority being present.
Ways and Means
Rule 15, Subpoena Power:
The power to authorize and issue subpoenas is delegated to the Chairman of the ful Committee, as
provided for under clause 2(m)(3)(A)(i) of Rule XI of the Rules of the House of Representatives.
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Committee
Rule(s)
Permanent
Rule 10, Subpoenas:
Select
(a) Generally. All subpoenas shall be authorized by the Chair of the ful Committee, upon
Committee on
consultation with the Ranking Minority Member, or by vote of the ful Committee.
Intelligence
(b) Subpoena Contents. Any subpoena authorized by the Chair of the ful Committee or by the ful
Committee may compel:
(1) The attendance of witnesses and testimony before the Committee; or
(2) The production of memoranda, documents, records, or any other tangible item.
(c) Signing of Subpoena. A subpoena authorized by the Chair of the ful Committee or by the ful
Committee may be signed by the Chair or by any member of the Committee designated to do so by
the ful Committee.
(d) Subpoena Service. A subpoena authorized by the Chair of the ful Committee, or by the ful
Committee, may be served by any person designated to do so by the Chair.
(e) Other Requirements. Each subpoena shall have attached thereto a copy of these rules.
Select
H.Res. 503 (117th Congress), Establishing the Select Committee to Investigate the January 6th Attack
Committee to
on the United States Capitol
Investigate the
Sec. 5. Procedure:
January 6th
Attack on the
(c) Applicability of Rules Governing Procedures of Committees. –Rule XI of the Rules of
United States
Representatives shall apply to the Select Committee except as fol ows:…
Capitol
(4) The chair of the Select Committee may authorize and issue subpoenas pursuant to clause
2(m) of rule XI in the investigation and study conducted pursuant to sections 3 and 4 of this
resolution, including for the purpose of taking depositions.
(5) The chair of the Select Committee is authorized to compel by subpoena the furnishing of
information by interrogatory.
(6)(A) The chair of the Select Committee, upon consultation with the ranking minority member,
may order the taking of depositions, including pursuant to subpoena, by a Member or counsel of
the Select Committee, in the same manner as a standing committee pursuant to section 3(b)(1)
of House Resolution 8, One Hundred Seventeenth Congress.
(6)(B) Depositions taken under the authority prescribed in this paragraph shall be governed by
the procedures submitted by the chair of the Committee on Rules for printing in the
Congressional Record on January 4, 2021.
(7) Subpoenas authorized pursuant to this resolution may be signed by the chair of the Select
Committee or a designee.
Source: CRS analysis of House committee rules, 117th Congress.

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Senate Rules on Subpoenas
Senate committees and subcommittees are authorized to subpoena witnesses and documents
(Rule XXVI, paragraph 1). No additional details specific to authorizing or issuing subpoenas
appear in Rule XXVI.15
Senate Committees’ Rules on Subpoenas
If a Senate committee meets to consider one or more subpoenas for a witness, witnesses, or
documents, it meets in a markup session, and Senators may offer amendments and motions, make
points of order, and engage the relevant procedures and procedural strategy that could also occur
in a markup of legislation. The Senate Office of Legal Counsel may advise committees on
subpoenas.
Most Senate committees in their rules have also delegated authority to issue subpoenas to their
chair together with the ranking minority member or to the chair with the ranking minority
member’s approval. Some committees’ rules are explicit on procedures for subcommittees to
authorize subpoenas.
Other provisions pertaining to subpoenas, but not directly relating to authorizing or issuing them,
may appear in committees’ rules. The Select Committee on Ethics has a unique rule for
withdrawing a subpoena. The committee by a recorded vote of no fewer than four members may
withdraw a subpoena that it had authorized or that the chair and vice chair together had
authorized. In addition, the chair and vice chair together could withdraw a subpoena that they had
authorized.
The Ethics Committee has rules in addition that
 by a recorded vote of no fewer than four members, may prohibit committee
members and staff and outside counsel from publicly identifying a subpoenaed
witness prior to the day of the witness’s appearance, except as authorized by the
chair and vice chair acting together;
 allow the respondent in an adjudicatory hearing to “apply to the Committee” for
the subpoena of witnesses and documents in the individual’s behalf;
 allow a subpoenaed witness to request, subject to the committee’s approval, not
to be photographed at a hearing or to have the witness’s testimony broadcast or
reproduced while testifying;
 require a subpoena to be served sufficiently in advance of a scheduled
appearance to provide the witness with “a reasonable period of time” to prepare
and to obtain counsel; and
 permit service of a subpoena by any person 18 years of age or older designated
by the chair or vice chair.

15 Standing orders creating the Senate’s select committees may contain additional details, which are reflected in those
committees’ rules surveyed in the text and table that follow in this report. See U.S. Congress, Senate, Senate Manual
Containing the Standing Rules, Orders, Laws, and Resolutions Affecting the Business, 116th Cong., 1st sess., 2020,
S.Doc. 116-1 (Washington: GPO, 2020).
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Four other committees have additional rules that pertain to subpoenas, but not specifically to their
authorization or issuance.
A rule of the Foreign Relations Committee deals with the return of a subpoena, or of a request to
an agency, for documents. The rule states that the return could be a time and place other than a
committee meeting.16 If the return was incomplete or accompanied by an objection, the rule states
that is good cause for a hearing of the committee on shortened notice. On such a return, the chair
or a member designated by the chair could convene a hearing on four hours’ notice to members
by telephone or email. One member is a quorum for this hearing, which occurs for the sole
purpose of “elucidat[ing] further information about the return and to rule on the objection.”
The Health, Education, Labor, and Pensions Committee’s investigations and subpoena rule makes
information obtained from investigative activity available to committee (or subcommittee)
members requesting the information. It is also made available to staff of committee (or
subcommittee) members who have been designated in writing by the members, subject to
restrictions contained in Senate rules. A committee member may also request information relevant
to an investigation to be “summarized in writing as soon as practicable.” Moreover, the
committee or a subcommittee chair must call an executive session to discuss investigative activity
and the issuance of subpoenas in support of this activity at the request of any member.
A rule of the Small Business and Entrepreneurship Committee specifically authorizes the chair to
rule on objections or assertions of privilege in response to subpoenas or on questions raised by a
committee member or staff.
The Select Committee on Intelligence has a rule on recommending that an individual “be cited for
contempt of Congress or that a subpoena be otherwise enforced.” A recommendation could not be
forwarded to the Senate unless the committee had met and considered the recommendation,
provided the individual an opportunity to oppose the recommendation in person or in writing, and
agreed by majority vote to forward the recommendation to the Senate.17
Committees’ other procedural rules affect 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. Committee rules also mirror a Senate rule requiring a
majority to be physically present, and the concurrence of a majority of the members present, to
report (Rule XXVI, paragraph 7).
Explanation of Tables 3 and 4: Committee Subpoena Requirements,
Senate Committee Rules, 117th Congress
Table 3 compares committee rules in the 117th Congress on subpoena requirements across the 20
Senate committees. The 16 standing committees with legislative authority are listed in
alphabetical order in the left-most column, followed by the two permanent committees with
legislative authority. The two committees without legislative authority appear in the last two

16 Return in this rule refers to instructions to the individual named on when and where to respond to the subpoena with
the documents demanded. The rule makes explicit that a subpoena for documents may specify that the documents be
delivered at other times or to other places than a committee meeting.
17 For an explanation of contempt and enforcement of a Senate subpoena, see CRS Report R45653, Congressional
Subpoenas: Enforcing Executive Branch Compliance, by Todd Garvey; and U.S. Congress, Senate, Riddick’s Senate
Procedure: Precedents and Practices, prepared by Floyd M. Riddick and Alan S. Frumin, 101st Cong., 2nd sess., S.Doc.
101-28 (Washington, DC: GPO, 1992), pp. 687-692.
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positions of the table.18 The heading contains key terms describing the committees’ rules. A check
in a box indicates that a committee adopted a rule or a closely related variation on it. An empty
box indicates that a committee did not address that subject in its rules. Certain checks and blank
boxes are footnoted to offer additional detail on a particular committee’s rule or lack of rule. In
some cases, a single table note is used to give additional detail for a rule or circumstances that
affect more than one committee’s rules.
Table 4 provides the text of Senate committee rules regarding the authorization and issuance of
subpoenas. It does not include all references to subpoenas, such as the required quorum to
authorize a subpoena or other provisions ancillary to subpoena authorization requirements.

18 The Select Committee on Ethics has authority to report by recommendation or resolution “additional rules or
regulations” that the committee “shall determine to be necessary or desirable to insure proper standards of conduct by
Members of the Senate, and by officers or employees of the Senate, in the performance of their duties and the discharge
of their responsibilities.” S.Res. 338, §2(a)(5), agreed to in the Senate July 24, 1964.
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Table 3. Senate Committee Subpoena Requirements
117th Congress (2021-2022)
Committee
By Majority
Chair Has Authority to Authorizeb
Authorized to Sign or Issue
Vote of
Subpoena
Committee/
Subcommittee
Own
Together
With the
Chair
Member
Initiative
with Ranking
Approval
Designated
Minority
of the
by Chair
Member
Ranking
Minority
Member
Agriculture,

Nutrition, and
√g
√g
√
√
Forestry
Appropriationsi

Armed Services
√

√j
√j
Banking, Housing,
√ak

√k

and Urban Affairs
Budgetl

Commerce,

Science, and
√g
√g
√
√
Transportation
Energy and

Natural Resources
√m
√m

√m
√m
Environment and

n
Public Works
Finance
√

√
√
√
Foreign Relations
√p

√
r
Health, Education,
Labor, and
√a

√ef
√ef
Pensions
Homeland

Security and
√acg

√g
√g
Governmental
Affairs
Judiciary
√

√
√
√
Rules and
√

√
√
√
Administration
Small Business
and
√

√h
√
√
Entrepreneurship
Veterans’ Affairs
√

√h
√
√
Indian Affairs
√

√

Select Committee
on Intelligence
√

√q
√q
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Committee
By Majority
Chair Has Authority to Authorizeb
Authorized to Sign or Issue
Vote of
Subpoena
Committee/
Subcommittee
Own
Together
With the
Chair
Member
Initiative
with Ranking
Approval
Designated
Minority
of the
by Chair
Member
Ranking
Minority
Member
Special

Committee on
d
√
√f
√f
Aging
Select Committee
√

√

√o

on Ethics
Source: CRS analysis of Senate committee rules, 117th Congress.
Notes:
a. Denotes committees that have rules that explicitly address the subpoena authority of subcommittees.
b. Even in cases where a committee has delegated the power to authorize and issue subpoenas to its chair, the
committee itself presumably stil retains the ability to meet and, with a majority quorum present, vote to
authorize and issue a subpoena, pursuant to Senate Rule XXVI(1).
c. The committee’s subcommittees are authorized to adopt rules concerning subpoenas that need not be
consistent with the rules of the committee provided that the subcommittee meets certain restrictions regarding
the notification and timing of issued subpoenas.
d. The preamble to the committee’s rules states that the committee and its subcommittees are authorized to
require the attendance of witnesses or the production of documents by subpoena. However, the rule specific to
investigations (Rule VI) delegates subpoena authority to the chair and ranking minority member, acting together.
e. The committee may, by a majority vote, delegate the authority to issue subpoenas to the chair of the
committee or a subcommittee or to any member designated by such chairman.
f. Prior to the issuance of any subpoena, the ranking minority member and any other member “so requesting”
shall be notified of the subject of the subpoena, the nature of the information sought, and the information’s
relationship to the investigation. The rules of Health, Education, Labor, and Pensions Committee also include the
caveat “except where the chair of the committee or subcommittee, in consultation with the ranking minority
member, determines that such notice would unduly impede the investigation.”
g. The chair, with the approval of the ranking minority member of the committee, has subpoena authority.
However, the chair may subpoena attendance or production of documents without the approval of the ranking
minority member when the chair has not received notification from the ranking minority member within a
specified period of time. If the ranking minority member disapproves, the committee, by majority vote, may
authorize the subpoena.
h. The committee or the chair, with the approval of the ranking minority member of the committee, has
subpoena authority. The chair may subpoena attendance or production of documents without the approval of
the ranking minority member when the chair has not received notification from the ranking minority member
within a specified period of time.
i. The committee’s rules do not specifically address subpoena authority.
j. After consultation with the ranking minority member, the chair, or a member designated by the chair, may
issue a subpoena. The subpoena shall “briefly state the matter to which the witness is expected to testify or the
documents to be produced.”
k. The rule does not specify who is authorized to sign or issue an authorized subpoena.
l. The committee’s rule allows the committee to pol “steps of an investigation, including issuance of subpoenas,”
but otherwise does not specify procedures regarding the authorization or issuance of subpoenas.
m. The chair may issue a subpoena (1) with the agreement of the ranking minority member, (2) when authorized
by a majority of the committee members, or (3) within the scope of an investigation that was authorized by the
chair and ranking minority member together or by a majority of the committee members.
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n. The committee does not have a rule specific to subpoena authority, but its rule on quorums for business
meetings suggests that the committee may issue subpoenas. Rule 2(a) states, “for the purpose of approving the
issuance of a subpoena or approving a committee resolution, six members of the committee, at least three of
whom are members of the minority party, constitute a quorum.”
o. Subpoenas shall be signed by either the chair or the vice chair. The rule also requires that subpoenas be
served with a copy of the committee rules and a brief statement of purpose regarding the committee’s
proceedings. The committee or the chair and vice chair acting jointly may withdraw any subpoena authorized for
issuance.
p. A subpoena may be authorized at a meeting or by proxies. At the request of a committee member, a
subpoena may be authorized only at a meeting.
q. The rule states that the vice chair, in addition to the chair or any member of the committee designated by the
chair, may issue a subpoena authorized by the committee.
r. The chair or a member designated by the committee may sign a subpoena.
Table 4. Text of Senate Committee Rules Related to the Authorization and Issuance
of Subpoenas
117th Congress (2021-2022)
Committee
Rule(s)
Agriculture,
Rule 8, Investigations, Subpoenas and Depositions
Nutrition, and
8.1: Investigations.—Any investigation undertaken by the committee or a
Forestry
subcommittee in which depositions are taken or subpoenas issued, must be
authorized by a majority of the members of the committee voting for approval to
conduct such investigation at a business meeting of the committee convened in
accordance with Rule 1.
8.2: Subpoenas.—The Chairman, with the approval of the ranking minority member of
the committee, is delegated the authority to subpoena the attendance of witnesses or
the production of memoranda, documents, records, or any other materials at a
hearing of the committee or a subcommittee or in connection with the conduct of an
investigation authorized in accordance with paragraph 8.1. The Chairman may
subpoena attendance or production without the approval of the ranking minority
member when the Chairman has not received notification from the ranking minority
member of disapproval of the subpoena within 72 hours, excluding Saturdays and
Sundays, of being notified of the subpoena. If a subpoena is disapproved by the ranking
minority member as provided in this paragraph the subpoena may be authorized by
vote of the members of the committee. When the committee or Chairman authorizes
subpoenas, subpoenas may be issued upon the signature of the Chairman or any other
member of the committee designated by the Chairman.
Appropriations
The committee does not have a rule specific to subpoena authority.
Armed Services
Rule 9, Subpoenas
Subpoenas for attendance of witnesses and for the production of memoranda,
documents, records, and the like may be issued, after consultation with the Ranking
Minority Member, by the Chairman or any other member designated by the
Chairman, but only when authorized by a majority of the members of the Committee.
The subpoena shall briefly state the matter to which the witness is expected to testify
or the documents to be produced.
Banking, Housing,
Rule 4, Witnesses:
and Urban Affairs
(d) Subpoena of witnesses.—Witnesses may be subpoenaed by the Chairman of the
Committee or a Subcommittee with the agreement of the Ranking Member of the
Committee or Subcommittee or by a majority vote of the Committee or
Subcommittee.
Budget
The committee does not have a rule specific to subpoena authority.
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Committee
Rule(s)
Commerce, Science,
Rule V, Subpoenas; Counsel; Record:
and Transportation
1. Subpoenas. –The Chair, with the approval of the ranking minority member of the
Committee, may subpoena the attendance of witnesses for hearings and the
production of memoranda, documents, records, or any other materials. The Chair
may subpoena such attendance of witnesses or production of materials without the
approval of the ranking minority member if the Chair or a member of the Committee
staff designated by the Chair has not received notification from the ranking minority
member or a member of the Committee staff designated by the ranking minority
member of disapproval of the subpoena within 72 hours, excluding Saturdays and
Sundays, of being notified of the subpoena. If a subpoena is disapproved by the ranking
minority member as provided in this paragraph, the subpoena may be authorized by
vote of the Members of the Committee, the quorum required by paragraph 1 of rule II
being present. When the Committee or Chair authorizes a subpoena, it shall be issued
upon the signature of the Chair or any other Member of the Committee designated
by the Chair. At the direction of the Chair, with notification to the ranking minority
member of not less than 72 hours, the staff is authorized to take depositions from
witnesses. The ranking minority member, or a member of the Committee staff
designated by the ranking minority member, shall be given the opportunity to attend
and participate in the taking of any deposition. Witnesses at depositions shall be
examined upon oath administered by an individual authorized by law to administer
oaths, or administered by any member of the Committee if one is present.
Energy and Natural
Rule 10, Investigations:
Resources
(a) Neither the Committee nor any of its Subcommittees may undertake an
investigation unless specifically authorized by the Chairman and the Ranking Minority
Member or a majority of all the Members of the Committee.
Rule 12, Subpoenas:
The Chairman shall have authority to issue subpoenas for the attendance of witnesses
or the production of memoranda, documents, records, or other materials (1) with the
agreement of the Ranking Minority Member, (2) when authorized by a majority of all
the Members of the Committee, or (3) when within the scope of an investigation
authorized under Rule 10(a).
Environment and
The committee does not have a rule specific to subpoena authority.
Public Works
Finance
Rule 10, Subpoenas: Witnesses and memoranda, documents, and records may be
subpoenaed by the chairman of the committee with the agreement of the ranking
minority member or by a majority vote of the committee. Subpoenas for attendance
of witnesses and the production of memoranda, documents, and records shall be
issued by the chairman, or by any other member of the committee designated by him.
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Committee
Rule(s)
Foreign Relations
Rule 7, Subpoenas:
(a) Authorization. –The chairman or any other member of the committee, when
authorized by a majority vote of the committee at a meeting or by proxies, shall have
authority to subpoena the attendance of witnesses or the production of memoranda,
documents, records, or any other materials. At the request of any member of the
committee, the committee shall authorize the issuance of a subpoena only at a
meeting of the committee. When the committee authorizes a subpoena, it may be
issued upon the signature of the chairman or any other member designated by the
committee.
(b) Return.—A subpoena, or a request to an agency, for documents may be issued
whose return shall occur at a time and place other than that of a scheduled
committee meeting. A return on such a subpoena or request which is incomplete or
accompanied by an objection constitutes good cause for a hearing on shortened
notice. Upon such a return, the chairman or any other member designated by him
may convene a hearing by giving 4 hours notice by telephone or electronic mail to all
other members. One member shall constitute a quorum for such a hearing. The sole
purpose of such a hearing shall be to elucidate further information about the return
and to rule on the objection.
Health, Education,
Rule 17:
Labor, and Pensions
(a) The committee, or any subcommittee, may issue subpoenas, or hold hearings to
take sworn testimony or hear subpoenaed witnesses, only if such investigative activity
has been authorized by majority vote of the committee.
(b) For the purpose of holding a hearing to take sworn testimony or hear subpoenaed
witnesses, three members of the committee or subcommittee shall constitute a
quorum: provided, with the concurrence of the chair and ranking minority member of
the committee or subcommittee, a single member may hear subpoenaed witnesses or
take sworn testimony.
(c) The committee may, by a majority vote, delegate the authority to issue subpoenas
to the chair of the committee or a subcommittee, or to any member designated by
such chairman. Prior to the issuance of each subpoena, the ranking minority member
of the committee or subcommittee, and any other member so requesting, shall be
notified regarding the identity of the person to whom it wil be issued and the nature
of the information sought and its relationship to the authorized investigative activity,
except where the chair of the committee or subcommittee, in consultation with the
ranking minority member, determines that such notice would unduly impede the
investigation. All information obtained pursuant to such investigative activity shall be
made available as promptly as possible to each member of the committee requesting
same, or to any assistant to a member of the committee designated by such member
in writing, but the use of any such information is subject to restrictions imposed by
the rules of the Senate. Such information, to the extent that it is relevant to the
investigation shall, if requested by a member, be summarized in writing as soon as
practicable. Upon the request of any member, the chair of the committee or
subcommittee shall call an executive session to discuss such investigative activity or
the issuance of any subpoena in connection therewith.
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Committee
Rule(s)
Homeland Security
Rule 5, Hearings and Hearing Procedures:
and Governmental
C. Ful Committee subpoenas. The Chair, with the approval of the Ranking Minority
Affairs
Member of the Committee, is authorized to subpoena the attendance of witnesses at
a hearing or deposition or the production of memoranda, documents, records, or any
other materials. The Chair may subpoena attendance or production without the
approval of the Ranking Minority Member where the Chair has not received a letter of
disapproval signed by the Ranking Minority Member within 3 calendar days, excluding
Saturdays, Sundays, and legal holidays in which the Senate is not in session, of the
Ranking Minority Member’s receipt of a letter signed by the Chair providing notice of
the Chair’s intent to issue a subpoena, including an identification of all individuals and
items sought to be subpoenaed. Delivery and receipt of the signed notice and signed
disapproval letters and any additional communications related to the subpoena may be
carried out by staff officers of the Chair and Ranking Minority Member, and may occur
through electronic mail. If a subpoena is disapproved by the Ranking Minority Member
as provided in this subsection, the subpoena may be authorized by vote of the
Members of the Committee. When the Committee or Chair authorizes subpoenas,
subpoenas may be issued upon the signature of the Chair or any other Member of the
Committee designated by the Chair.
Rule 8, Subcommittees and Subcommittee Procedures:
E. Subcommittee subpoenas. Each Subcommittee is authorized to adopt rules
concerning subpoenas which need not be consistent with the rules of the Committee;
provided:
(1) A written notice of intent to issue the subpoena shall be provided to the
Chair and Ranking Minority Member of the Committee, or staff officers
designated by them, by the Subcommittee Chair or a staff officer designated by
the Subcommittee Chair immediately upon such authorization, and no subpoena
shall be issued for at least 2 calendar days, excluding Saturdays, Sundays, and legal
holidays in which the Senate is not in session, from delivery to the appropriate
offices, unless the Chair and Ranking Minority Member waive the notice period
or unless the Subcommittee Chair certifies in writing to the Chair and Ranking
Minority Member that, in the Subcommittee Chair’s opinion, it is necessary to
issue a subpoena immediately.
Judiciary
Rule IX, Subpoenas:
The Chair of the Committee, with the agreement of the Ranking Member or by a vote
of the Committee, may subpoena the attendance of a witness at a Committee or
Subcommittee hearing or Committee deposition, or the production of memoranda,
documents, records, or any other materials. Any such subpoena shall be issued upon
the signature of the Chair or any other Member of the Committee designated by the
Chair.
Rules and
Rule 24, Delegation of Authority to Committee Chair and Ranking Minority Member:
Administration
The Chair, with the concurrence of the Ranking Minority Member of the Committee,
is authorized to subpoena the attendance of witnesses and the production of
correspondence, books, papers, documents, and other materials. Regardless of
whether a subpoena has been concurred in by the Ranking Minority Member, such
subpoena may be authorized by vote of the Members of the Committee. When a
subpoena is authorized, either by a vote of the Committee or by the Chair with the
concurrence of the Ranking Member, the subpoena may be issued upon the signature
of the Chair or of any other Member of the Committee designated by the Chair.
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A Survey of House and Senate
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Committee
Rule(s)
Small Business and
Hearings, Subpoenas, & Legal Counsel:
Entrepreneurship
(d) Subpoenas for the attendance of witnesses or the production of memoranda,
documents, records, and other materials may be authorized by the Chair with the
consent of the Ranking Minority Member or by the consent of a majority of the
Members of the Committee. Such consent may be given informally, without a meeting,
but must be in writing. The Chair may subpoena attendance or production without
the consent of the Ranking Minority Member when the Chair has not received
notification from the Ranking Minority Member of disapproval of the subpoena within
72 hours of being notified of the intended subpoena, excluding Saturdays, Sundays, and
holidays. Subpoenas shall be issued by the Chair or by the Member of the Committee
designated by him or her. A subpoena for the attendance of a witness shall state
briefly the purpose of the hearing and the matter or matters to which the witness is
expected to testify. A subpoena for the production of memoranda, documents,
records, and other materials shall identify the papers or materials required to be
produced with as much particularity as is practicable.
(e) The Chair shall rule on any objections or assertions of privilege as to testimony or
evidence in response to subpoenas or questions of Committee Members and staff in
hearings.
Veterans’ Affairs
Rule IV, Hearings and Hearing Procedures:
(E) The Chairman, with the concurrence of the Ranking Minority Member of the
Committee, is authorized to subpoena the attendance of witnesses and the
production of memoranda, documents, records, and any other materials. If the
Chairman or a Committee staff member designated by the Chairman has not received
from the Ranking Minority Member or a Committee staff member designated by the
Ranking Minority Member notice of the Ranking Minority Member’s nonconcurrence
in the subpoena within 48 hours (not counting Saturdays, Sundays, and federal
holidays) of being notified of the Chairman's intention to subpoena attendance or
production, the Chairman is authorized fol owing the end of the 48-hour period
involved to subpoena the same without the Ranking Minority Member's concurrence.
Regardless of whether a subpoena has been concurred in by the Ranking Minority
Member, such subpoena may be authorized by vote of the Members of the
Committee. When the Committee or Chairman authorizes a subpoena, the subpoena
may be issued upon the signature of the Chairman or of any other Member of the
Committee designated by the Chairman.
Indian Affairs
Rule 12, Authorizing Subpoenas:
The Chairman may, with the agreement of the Vice Chairman, or the Committee may,
by majority vote, authorize the issuance of subpoenas.
Select Committee on Rule 7, Subpoenas:
Intelligence
Subpoenas authorized by the Committee for the attendance of witnesses or the
production of memoranda, documents, records, or any other material may be issued
by the Chairman, the Vice Chairman, or any member of the Committee designated by
the Chairman, and may be served by any person designated by the Chairman, Vice
Chairman or member issuing the subpoenas. Each subpoena shall have attached
thereto a copy of S. Res. 400 of the 94th Congress, and a copy of these rules.
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A Survey of House and Senate
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Committee
Rule(s)
Special Committee
Preamble to Rules of Procedure:
on Aging
C. For the purposes of this section, the special committee is authorized, in its
discretion.to require, by subpoena or otherwise, the attendance of witnesses and the
production of correspondence books, papers, and documents…. Subpoenas
authorized by the special committee may be issued over the signature of the chairman,
or any Member of the special committee designated by the chairman, and may be
served by any person designated by the chairman or the Member signing the
subpoena.
Rule VI, Subpoenas:
The Chairman and Ranking Minority Member, acting together, shal authorize a
subpoena. Subpoenas for the attendance of witnesses or the production of
memoranda, documents, records, or any other materials shall be issued by the
Chairman, or by any other Member of the Committee designated by him. Prior to the
issuance of each subpoena, the Ranking Minority Member, and any other Member so
requesting, shall be notified regarding the identity of the person to whom the
subpoena will be issued and the nature of the information sought, and its relationship
to the investigation.
Rule VII, Depositions and Commissions: Commissions.
The Committee may authorize the staff, by issuance of commissions, to fil in prepared
subpoenas, conduct field hearings, inspect locations, facilities, or systems of records,
or otherwise act on behalf of the Committee. Commissions shall be accompanied by
instructions from the Committee regulating their use.
Rule VIII, Subcommittees: Jurisdiction.
Within its jurisdiction as described in the Standing Rules of the Senate, each
subcommittee is authorized to conduct investigations, including use of subpoenas,
depositions, and commissions.
Source: CRS analysis of Senate committee rules, 117th Congress.

Author Information

Jane A. Hudiburg

Analyst on Congress and the Legislative Process

Acknowledgments
Michael J. Koempel, former Senior Specialist in the Legislative Process, authored an earlier version of this
report. The listed author updated and revised the report and is available to respond to inquiries from
congressional clients on the subject.
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A Survey of House and Senate
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Disclaimer
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan
shared staff to congressional committees and Members of Congress. It operates solely at the behest of and
under the direction of Congress. Information in a CRS Report should not be relied upon for purposes other
than public understanding of information that has been provided by CRS to Members of Congress in
connection with CRS’s institutional role. CRS Reports, as a work of the United States Government, are not
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