[House Prints, 118th Congress]
[From the U.S. Government Publishing Office]


                                                      50-699

                       COMMITTEE PRINT

                     RULES OF PROCEDURE

                           of the

                 COMMITTEE ON THE JUDICIARY

                U.S. HOUSE OF REPRESENTATIVES

               ONE HUNDRED EIGHTEENTH CONGRESS

           [GRAPHIC NOT AVAILABLE IN TIFF FORMAT]


             ADOPTED WEDNESDAY, FEBRUARY 1, 2023

                 Printed for the use of the

                  HOUSE OF REPRESENTATIVES

               THE COMMITTEE ON THE JUDICIARY




                                                      50-699

                       COMMITTEE PRINT

                     RULES OF PROCEDURE

                           of the

                 COMMITTEE ON THE JUDICIARY

                U.S. HOUSE OF REPRESENTATIVES

               ONE HUNDRED EIGHTEENTH CONGRESS

           [GRAPHIC NOT AVAILABLE IN TIFF FORMAT]


             ADOPTED WEDNESDAY, FEBRUARY 1, 2023

                 Printed for the use of the

                  HOUSE OF REPRESENTATIVES

               THE COMMITTEE ON THE JUDICIARY


                   COMMITTEE ON THE JUDICIARY
                    MEMBERS OF THE COMMITTEE
                 ONE HUNDRED EIGHTEENTH CONGRESS
                   JIM JORDAN, Ohio, Chair

DARRELL ISSA, California          JERROLD NADLER, New York, 
KEN BUCK, Colorado                  Ranking Member
MATT GAETZ, Florida               ZOE LOFGREN, California
MIKE JOHNSON, Louisiana           SHEILA JACKSON LEE, Texas
ANDY BIGGS, Arizona               STEVE COHEN, Tennessee
TOM McCLINTOCK, California        HENRY C. ``HANK'' JOHNSON, 
TOM TIFFANY, Wisconsin              JR., Georgia
THOMAS MASSIE, Kentucky           ADAM SCHIFF, California
CHIP ROY, Texas                   DAVID N. CICILLINE, Rhode 
DAN BISHOP, North Carolina          Island
VICTORIA SPARTZ, Indiana          ERIC SWALWELL, California
SCOTT FITZGERALD, Wisconsin       TED LIEU, California
CLIFF BENTZ, Oregon               PRAMILA JAYAPAL, 
BEN CLINE, Virginia                 Washington
LANCE GOODEN, Texas               J. LUIS CORREA, California
JEFF VAN DREW, New Jersey         MARY GAY SCANLON, 
TROY NEHLS, Texas                   Pennsylvania
BARRY MOORE, Alabama              JOE NEGUSE, Colorado
KEVIN KILEY, California           LUCY McBATH, Georgia
HARRIETT HAGEMAN, Wyoming         MADELEINE DEAN, 
NATHANIEL MORAN, Texas              Pennsylvania
LAUREL LEE, Florida               VERONICA ESCOBAR, Texas
WESLEY HUNT, Texas                DEBORAH ROSS, North 
RUSSELL FRY, South Carolina         Carolina
                                  CORI BUSH, Missouri
                                  GLENN IVEY, Maryland


                              (ii)


                       C O N T E N T S
                                 ------
                   Rules of Procedure Adopted by the
                       Committee on the Judiciary

                      Wednesday, February 1, 2023
                                                                 Page

Rule I............................................................  1
Rule II. Committee Meetings.......................................  1
Rule III. Hearings................................................  4
Rule IV. Subpoenas................................................  7
Rule V. Broadcasting..............................................  8
Rule VI. Subcommittees............................................  8
Rule VII. Powers and Duties of Subcommittees...................... 11
Rule VIII. Non-Legislative Reports................................ 11
Rule IX. Committee Records........................................ 11
Rule X. Official Committee Website................................ 12
Rule XI. Depositions.............................................. 13
  House Resolution 5, Section 3................................... 13
  Regulations for the use of Deposition Authority................. 14

                                 (iii)
                               

                     RULES OF PROCEDURE

                           Rule I
  The Rules of the House of Representatives are the Rules of 
the Committee on the Judiciary and its Subcommittees with 
the following specific additions thereto.
                 Rule II. Committee Meetings
    (a) The regular meeting day of the Committee on the 
    Judiciary for the conduct of its business shall be on 
    Wednesday of each week while the House is in session.
    (b) Additional meetings may be called by the Chair and a 
    regular meeting of the Committee may be dispensed with 
    when, in the judgment of the Chair, there is no need 
    therefor.
    (c) The Chair shall furnish each Member of the Committee 
    or Subcommittee with the date, place, and a list of 
    bills and subjects to be considered at a Committee or 
    Subcommittee meeting, which may not commence earlier 
    than the third day on which Members have notice thereof 
    (excluding Saturdays, Sundays and legal holidays when 
    the House is not in session).
    (d) At least 48 hours prior to the commencement of a 
    meeting for the markup of legislation, the text of such 
    legislation shall be made publicly available in 
    electronic form.
    (e)  In an emergency that does not reasonably allow for 
    the notice as requirements in (c) and (d), the Chair may 
    waive the notice requirements with the concurrence of 
    the Ranking Minority Member.
    (f)  To the maximum extent practicable, amendments to a 
    measure or matter shall be submitted in writing or 
    electronically to the designee of both the Chair and 
    Ranking Member at least 24 hours prior to the 
    consideration of the measure or matter. The Chair may 
    give priority to amendments submitted in advance.
    (g) At the start of each meeting, the Chair, or the 
    Chair's designee, may lead the Committee in the Pledge 
    of Allegiance to the Flag, in accordance with section 4 
    of Title 4, United States Code.
    (h) Committee and Subcommittee meetings for the 
    transaction of business, i.e., meetings other than those 
    held for the purpose of taking testimony, shall be open 
    to the public except when the Committee or Subcommittee 
    determines by majority vote to close the meeting because 
    disclosure of matters to be considered would endanger 
    national security, would compromise sensitive law 
    enforcement information, or would tend to defame, 
    degrade or incriminate any person or otherwise would 
    violate any law or Rule of the House.
    (i) Every motion made to the Committee and entertained 
    by the Chair shall be reduced to writing upon demand of 
    any Member, and a copy made available to each Member 
    present.
    (j) All amendments or any other material offered or 
    submitted by any Member, including motions reduced to 
    writing pursuant to a demand under paragraph (i), shall 
    be emailed to judiciarydocs@mail .house.gov. All items 
    submitted shall be in PDF format.
    (k) For purposes of taking any action at a meeting of 
    the full Committee or any Subcommittee thereof for which 
    a majority is not required, a quorum shall be 
    constituted by the presence of not less than one-third 
    of the Members of the Committee or Subcommittee, 
    respectively.
    (l)(1) Subject to subparagraph (2), the Chair may 
    postpone further proceedings when a record vote is 
    ordered on the question of approving any measure or 
    matter or adopting an amendment. The Chair may resume 
    proceedings on a postponed request at any time.
  (2) In exercising postponement authority under 
subparagraph (1), the Chair shall take all reasonable steps 
necessary to notify Members on the resumption of proceedings 
on any postponed record vote.
  (3) When proceedings resume on a postponed question, 
notwithstanding any intervening order for the previous 
question, an underlying proposition shall remain subject to 
further debate or amendment to the same extent as when the 
question was postponed.
    (m) Transcripts of markups shall be recorded and may be 
    published in the same manner as hearings before the 
    Committee.
    (n) Without further action of the Committee, the Chair 
    is directed to offer a motion under clause 1 of Rule 
    XXII of the Rules of the House of Representatives 
    whenever the Chair considers it appropriate.
                     Rule III. Hearings
    (a) The Committee Chair or any Subcommittee Chair shall 
    make public announcement of the date, place, and subject 
    matter of any hearing to be conducted by it on any 
    measure or matter at least one week before the 
    commencement of that hearing. If the Chair of the 
    Committee, or Subcommittee, with the concurrence of the 
    Ranking Minority Member, determines there is good cause 
    to begin the hearing sooner, or if the Committee or 
    Subcommittee so determines by majority vote, a quorum 
    being present for the transaction of business, the Chair 
    or Subcommittee Chair shall make the announcement at the 
    earliest possible date.
    (b) At the start of each hearing, the Chair, any 
    Subcommittee Chair, or their designee may lead the 
    Committee or Subcommittee, respectively, in the Pledge 
    of Allegiance to the Flag, in accordance with Section 4 
    of Title 4, United States Code.
    (c) Committee and Subcommittee hearings shall be open to 
    the public except when the Committee or Subcommittee 
    determines by majority vote to close the hearing because 
    disclosure of matters to be considered would endanger 
    national security, would compromise sensitive law 
    enforcement information, or would tend to defame, 
    degrade or incriminate any person or otherwise would 
    violate any law or Rule of the House.
    (d) For purposes of taking testimony and receiving 
    evidence before the Committee or any Subcommittee, a 
    quorum shall be constituted by the presence of two 
    Members.
    (e) In the course of any hearing each Member shall be 
    allowed five minutes for the interrogation of a witness 
    until such time as each Member who so desires have had 
    an opportunity to question the witness.
    (f) Every motion made to the Committee and entertained 
    by the Chair shall be reduced to writing upon demand of 
    any Member, and a copy made available to each Member 
    present.
    (g) All material offered or submitted by any Member, 
    including motions reduced to writing pursuant to a 
    demand under paragraph (f), shall be emailed to 
    [email protected]. All items submitted shall 
    be in PDF format.
    (h) The transcripts of those hearings conducted by the 
    Committee which are decided to be printed shall be 
    published in verbatim form, with the material requested 
    for the record inserted at that place requested, or at 
    the end of the record, as appropriate. Individuals, 
    including Members of Congress, whose comments are to be 
    published as part of a Committee document shall have 
    five legislative days following the hearing to verify 
    the accuracy of the transcription in advance of 
    publication. Individuals, including Members of Congress, 
    whose comments are to be published as part of a 
    Committee document may review the accuracy of the 
    transcription in the Committee office. Any requests by 
    those Members, staff or witnesses to correct any errors 
    other than errors in the transcription, or disputed 
    errors in transcription, shall be appended to the 
    record, and the appropriate place where the change is 
    requested will be footnoted.
    (i) Prior to approval by the Chair of hearings conducted 
    jointly with another congressional Committee, a 
    memorandum of understanding may be prepared that 
    specifies, to the extent possible, any deviation from 
    Rule III of the Committee Rules, and incorporates an 
    agreement for the publication of the verbatim 
    transcript. The Chair shall provide any such memorandum 
    of understanding to the Ranking Minority Member prior to 
    the commencement of such hearing.
                     Rule IV. Subpoenas
    (a) A subpoena may be authorized and issued by the 
    Chair, 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, 
    following 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 Chair or by any Member 
    designated by the Committee.
    (c) At least one calendar day before issuing any 
    subpoena pursuant to subsection (a), the Chair shall 
    consult with the Ranking Minority Member regarding the 
    authorization and issuance of such subpoena and shall 
    provide a draft copy of the proposed subpoena, including 
    a draft of any proposed document schedule, at that time.
    (d) The Chair may waive the requirements of subsection 
    (c) in the event of an emergency that does not 
    reasonably allow for advance written notice, including, 
    but not limited to, when a witness who is voluntarily 
    before the Committee refuses to answer a question.
                    Rule V. Broadcasting
  Whenever a hearing or meeting conducted by the Committee 
or any Subcommittee is open to the public, those proceedings 
shall be open to coverage by television, radio and still 
photography subject to the requirements of clause 4 of Rule 
XI of the Rules of the House of Representatives.
                   Rule VI. Subcommittees
    (a) The full Committee shall have jurisdiction over such 
    matters as determined by the Chair, and relevant 
    oversight.
    (b) There shall be six standing Subcommittees of the 
    Committee on the Judiciary, with jurisdictions as 
    follows:

    The Subcommittee on the Constitution and Limited 
Government shall have jurisdiction over the following 
subject matters: Constitutional rights, constitutional 
amendments, Federal civil rights, claims against the United 
States, Federal charters of incorporation, non-immigration 
private claims bills, ethics in government, tort liability, 
including medical malpractice and product liability, legal 
reform generally, other appropriate matters as referred by 
the Chair, and relevant oversight.
    The Subcommittee on Courts, Intellectual Property, and 
the Internet shall have jurisdiction over the following 
subject matters: Administration of U.S. Courts, Legal 
Services Corporation, Federal Rules of Evidence, Civil and 
Appellate Procedure, judicial ethics, patent and trademark 
law, copyright, information technology, other appropriate 
matters as referred by the Chair, and relevant oversight.
    The Subcommittee on Crime and Federal Government 
Surveillance shall have jurisdiction over the following 
subject matters: Federal Criminal Code, drug policy, 
sentencing, parole and pardons, internal and homeland 
security, Federal Rules of Criminal Procedure, prisons, 
criminal law enforcement, and other appropriate matters as 
referred by the Chair, and relevant oversight.
    The Subcommittee on Immigration Integrity, Security, and 
Enforcement shall have jurisdiction over the following 
subject matters: Immigration and naturalization, border 
security, admission of refugees, treaties, conventions and 
international agreements, private immigration bills, non-
border immigration enforcement, other appropriate matters as 
referred by the Chair, and relevant oversight.
    The Subcommittee on the Administrative State, Regulatory 
Reform, and Antitrust shall have jurisdiction over the 
following subject matters: The antitrust laws and 
competition policy, bankruptcy and commercial law, 
bankruptcy judgeships, Federal Rules of Bankruptcy 
Procedure, administrative law, the Administrative Conference 
of the United States, State taxation affecting interstate 
commerce, interstate compacts, other appropriate matters as 
referred by the Chair, and relevant oversight.
    The Subcommittee on Responsiveness and Accountability to 
Oversight shall have jurisdiction over the responsiveness of 
agencies, departments, and entities to oversight requests of 
the Committee and any Subcommittee of the Committee and the 
operations of their congressional liaisons or offices of 
legislative affairs, with respect to the necessity or 
desirability of enacting, changing, or repealing any 
legislation within the jurisdiction of the Committee.

    (c) Pursuant to House Resolution 12, 118th Congress, 
    there shall be one select Subcommittee of the Committee 
    on the Judiciary, with jurisdiction as follows:

    The Select Subcommittee on the Weapo-
nization of the Federal Government shall have such 
jurisdiction as set forth in House Resolution 12.

    (d) The Chair of the Committee and Ranking Minority 
    Member thereof shall be ex officio Members, but not 
    voting Members, of each standing Subcommittee to which 
    such Chair or Ranking Minority Member has not been 
    assigned by resolution of the Committee. Ex officio 
    Members shall not be counted as present for purposes of 
    constituting a quorum at any hearing or meeting of such 
    standing Subcom-
    mittee.
        Rule VII. Powers and Duties of Subcommittees
  Each Subcommittee is authorized to meet, hold hearings, 
receive evidence, and report to the Full Committee on all 
matters referred to it or under its jurisdiction. 
Subcommittee Chairs shall set dates for hearings and 
meetings of their respective Subcommittees after 
consultation with the Chair and other Subcommittee Chairs 
with a view toward avoiding simultaneous scheduling of Full 
Committee and Subcommittee meetings or hearings whenever 
possible.
             Rule VIII. Non-Legislative Reports
  No report of the Committee or Subcom-
mittee which does not accompany a measure or matter for 
consideration by the House shall be published unless all 
Members of the Committee or Subcommittee issuing the report 
shall have been apprised of such report and given the 
opportunity to give notice of intention to file 
supplemental, additional, or dissenting views as part of the 
report. In no case shall the time in which to file such 
views be less than three calendar days (excluding Saturdays, 
Sundays, and legal holidays when the House is not in 
session).
                 Rule IX. Committee Records
  The records of the Committee at the National Archives and 
Records Administration shall be made available for public 
use according to the Rules of the House. The Chair shall 
notify the Ranking Minority Member of any decision to 
withhold a record otherwise available, and the matter shall 
be presented to the Committee for a determination on the 
written request of any member of the Committee.
             Rule X. Official Committee Website
    (a) The Chair shall maintain an official website on 
    behalf of the Committee for the purpose of furthering 
    the Committee's legislative and oversight 
    responsibilities, including communicating information 
    about the Committee's activities to Committee Members 
    and other Members of the House.
    (b) The Chair shall make the record of the votes on any 
    question on which a record vote is demanded in the Full 
    Committee available on the Committee's official website 
    not later than 48 hours after such vote is taken. Such 
    record shall identify or describe the amendment, motion, 
    order, or other proposition, the name of each member 
    voting for and each member voting against such 
    amendment, motion, order, or proposition, and the names 
    of the Members voting present.
    (c) Not later than 24 hours after the adoption of any 
    amendment to a measure or matter considered by the 
    Committee or its Subcommittees, the Chair shall make the 
    text of each such amendment publicly available in 
    electronic form.
    (d) Not later than 48 hours after the disposition or 
    withdrawal of any other amendment to a measure or matter 
    considered by the Committee or its Subcommittees, the 
    Chair shall make the text of each such amendment 
    publicly available in electronic form.
    (e) Not later than three days after the conclusion of a 
    Committee meeting, the transcript of such meeting and 
    the text of all amendments offered shall be made 
    available on the Committee website.
    (f) The Ranking Member is authorized to maintain a 
    similar official website on behalf of the Committee 
    Minority for the same purpose, including communicating 
    information about the activities of the Minority to 
    Committee Members and other Members of the House.
                    Rule XI. Depositions
  Pursuant to section 3(k) of House Resolution 5, 118th 
Congress, the Chair may order the taking of depositions, 
including by subpoena. Section 3(k) of House Resolution 5 
and the Regulations for the Use of Deposition Authority 
shall govern depositions conducted by the Committee on the 
Judiciary and its Subcommittees and are reproduced herein.

    House Resolution 5, Section 3:

    (k) Deposition Authority.--
  1. In General.--During the One Hundred Eighteenth 
Congress, the Chair of a standing Committee (other than the 
Committee on Rules), and the Chair of the Permanent Select 
Committee on Intelligence, upon consultation with the 
Ranking Minority Member of such Committee, may order the 
taking of depositions, including pursuant to subpoena, by a 
Member or counsel of such Committee.
  2. Regulations.--Depositions taken un-
der the authority prescribed in this subsection shall be 
subject to regulations issued by the Chair of the Committee 
on Rules and printed in the congressional Record.
  3. Persons Permitted To Attend Depositions.--Deponents may 
be accompanied at a deposition by two designated personal, 
nongovernmental attorneys to advise them of their rights. 
Only Members, Committee Staff designated by the Chair or 
Ranking Minority Member, an official reporter, the witness, 
and the witness's two designated attorneys are permitted to 
attend. Other persons, including government agency 
personnel, may not attend.

    Regulations for the Use of Deposition Authority:

  1. Notices for the taking of depositions shall specify the 
date, time, and place of examination. Depositions shall be 
taken under oath administered by a Member or a person 
otherwise authorized to administer oaths. Depositions may 
continue from day to day.
  2. Consultation with the Ranking Minority Member shall 
include three days' notice before any deposition is taken. 
All Members of the Committee shall also receive three days 
written notice that a deposition will be taken, except in 
exigent circumstances. For purposes of these procedures, a 
day shall not include Saturdays, Sundays, or legal holidays 
except when the House is in session on such a day.
  3. Witnesses may be accompanied at a deposition by two 
designated personal, nongovernmental attorneys to advise 
them of their rights. Only Members, Committee staff 
designated by the Chair or Ranking Minority Member, an 
official reporter, the witness, and the witness's two 
designated attorneys are permitted to attend. Other persons, 
including government agency personnel, may not attend.
  4. The Chair of the Committee noticing the deposition may 
designate that deposition as part of a joint investigation 
between Committees, and in that case, provide notice to the 
Members of the Committees. If such a designation is made, 
the Chair and Ranking Minority Member of the additional 
Committee(s) may designate Committee staff to attend 
pursuant to Regulation 3. Members and designated staff of 
the Committees may attend and ask questions as set forth 
below.
  5. A deposition shall be conducted by any Member or 
Committee Counsel designated by the Chair or Ranking 
Minority Member of the Committee that noticed the 
deposition. When depositions are conducted by Committee 
Counsel, there shall be no more than two Committee Counsel 
permitted to question a witness per round. One of the 
Committee Counsels shall be designated by the Chair and the 
other by the Ranking Minority Member per round.
  6. Deposition questions shall be propounded in rounds. The 
length of each round shall not exceed 60 minutes per side 
and shall provide equal time to the majority and the 
minority. In each round, the Member(s) or Committee Counsel 
designated by the Chair shall ask questions first, and the 
Member(s) or Committee Counsel designated by the Ranking 
Minority Member shall ask questions second.
  7. Objections must be stated concisely and in a non-
argumentative and nonsuggestive manner. A witness's attorney 
may not instruct a witness to refuse to answer a question, 
except to preserve a privilege. In the event of 
professional, ethical, or other misconduct by the witness's 
attorney during the deposition, the Committee may take any 
appropriate disciplinary action. The witness may refuse to 
answer a question only to preserve a privilege. When the 
witness has refused to answer a question to preserve a 
privilege, Members or staff may (i) proceed with the 
deposition, or (ii) either at that time or at a subsequent 
time, seek a ruling from the Chair either by telephone or 
otherwise. If the Chair overrules any such objection and 
thereby orders a witness to answer any question to which an 
objection was lodged, the witness shall be ordered to 
answer. If a Member of the Committee chooses to appeal the 
ruling of the Chair, such appeal must be made within three 
days, in writing, and shall be preserved for Committee 
consideration. The Committee's ruling on appeal shall be 
filed with the clerk of the Committee and shall be provided 
to the Members and witness no less than three days before 
the reconvened deposition. A deponent who refuses to answer 
a question after being directed to answer by the Chair may 
be subject to sanction, except that no sanctions may be 
imposed if the ruling of the Chair is reversed by the 
Committee on appeal.
  8. The Committee Chair shall ensure that the testimony is 
either transcribed or electronically recorded or both. If a 
witness's testimony is transcribed, the witness or the 
witness's attorney shall be afforded an opportunity to 
review a copy. No later than five days after the witness has 
been notified of the opportunity to review the transcript, 
the witness may submit suggested changes to the Chair. 
Committee staff may make any typographical and technical 
changes. Substantive changes, modifications, clarifications, 
or amendments to the deposition transcript submitted by the 
witness must be accompanied by a letter signed by the 
witness requesting the changes and a statement of the 
witness's reasons for each proposed change. Any substantive 
changes, modifications, clarifications, or amendments shall 
be included as an appendix to the transcript conditioned 
upon the witness signing the transcript.
   9. The individual administering the oath, if other than a 
Member, shall certify on the transcript that the witness was 
duly sworn. The transcriber shall certify that the 
transcript is a true record of the testimony, and the 
transcript shall be filed, together with any electronic 
recording, with the clerk of the Committee in Washington, 
DC. Depositions shall be considered to have been taken in 
Washington, DC, as well as the location actually taken once 
filed there with the clerk of the Committee for the 
Committee's use. The Chair and the Ranking Minority Member 
shall be provided with a copy of the transcripts of the 
deposition at the same time.
  10. The Chair and Ranking Minority member shall consult 
regarding the release of deposition testimony, transcripts, 
or recordings, and portions thereof. If either objects in 
writing to a proposed release of a deposition testimony, 
transcript, or recording, or a portion thereof, the matter 
shall be promptly referred to the Committee for resolution.
  11. A witness shall not be required to testify unless the 
witness has been provided with a copy of section 3(k) of H. 
Res. 5, 118th Congress, and these regulations.


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