At the start of each Congress, the House and Senate, along with the various committees in each chamber, adopt internal rules that govern their operations. Though many such rules remain unchanged from one Congress to another, the continued emphasis on congressional investigations across Capitol Hill lends new significance to even subtle changes in the rules governing such investigations.
With current committee rules now largely in place, and to assist our clients responding to inquiries from congressional investigators, this alert summarizes the current rules related to congressional investigations in both the House and Senate, with a particular focus on the rules related to subpoena authority, depositions, and—where applicable—confidentiality. In addition to the detailed summaries below, key elements of relevant House committee rules are set out in an attached chart, while those of relevant Senate committee rules are set out in a separate attached chart.