[Congressional Record Volume 167, Number 22 (Friday, February 5, 2021)]
[House]
[Pages H463-H464]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                     PUBLICATION OF COMMITTEE RULES


     RULES OF THE COMMITTEE ON THE JUDICIARY FOR THE 117TH CONGRESS

                                         House of Representatives,


                                   Committee on the Judiciary,

                                 Washington, DC, February 5, 2021.
     Hon. Nancy Pelosi,
     Speaker of the House of Representatives,
     Washington, DC.
       Dear Madam Speaker: Pursuant to clause 2(a) of rule XI of 
     the Rules of the House of Representatives, I submit the Rules 
     of the Committee on the Judiciary for the 117th Congress for 
     publication in the Congressional Record. On February 4, 2021, 
     the Committee met in open session and adopted these Rules by 
     voice vote, a quorum being present.
           Sincerely,
                                                   Jerrold Nadler,
                                                         Chairman.

                           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) 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.
       (h) 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.
       (i) 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.
       (j)(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.
       (k) Transcripts of markups shall be recorded and may be 
     published in the same manner as hearings before the 
     Committee.
       (1) 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) 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.
       (c) 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.
       (d) 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 has had an 
     opportunity to question the witness.
       (e) 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 be given the opportunity to verify 
     the accuracy of the transcription in advance of publication. 
     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.
       (f) Prior to approval by the Chair of hearings conducted 
     jointly with another congressional Committee, a memorandum of 
     understanding shall 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 this memorandum 
     of understanding to the Ranking 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 Sub-committees 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 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 full 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.

[[Page H464]]

  



                          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. Standing Subcommittees

       (a) The full Committee shall have jurisdiction over: 
     copyright, and other such matters as determined by the Chair, 
     and relevant oversight.
       (b) There shall be five standing Subcommittees of the 
     Committee on the Judiciary, with jurisdictions as follows:
       The Subcommittee on the Constitution, Civil Rights, and 
     Civil Liberties shall have jurisdiction over the following 
     subject matters: constitutional rights, constitutional 
     amendments, Federal civil rights, claims against the United 
     States, 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, 
     information technology, other appropriate matters as referred 
     to by the Chair, and relevant oversight.
       The Subcommittee on Crime, Terrorism, and Homeland Security 
     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 and Citizenship shall have 
     jurisdiction over the following subject matters: immigration 
     and naturalization, border security, admission of refugees, 
     treaties, conventions and international agreements, Federal 
     charters of incorporation, private immigration bills, non-
     border immigration enforcement, other appropriate matters as 
     referred by the Chair, and relevant oversight.
       The Subcommittee on Antitrust, Commercial, and 
     Administrative Law 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.
       (c) The Chair of the Committee and Ranking Minority Member 
     thereof shall be ex officio Members, but not voting Members, 
     of each 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 Subcommittee.


              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 Subcommittee 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 3 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.

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