Parliamentary Outreach Program

HOUSE COMMITTEE QUORUMS

Clause 1 of House rule XI states that "the Rules of the House are the rules of its committees and subcommittees so far as applicable." Committee procedures are governed by the rules of the House, the rules of the committees or subcommittees and relevant House precedents. One of the most important committee principles involve those governing Member attendance at committee meetings, hearings and markups. It is important for committees to ascertain the presence of the appropriate quorum before proceeding to the pending committee business. The current minimum quorum requirements for committees as set forth in the rules of the House (clause 2 of rule XI) are as follows:

Action Minimum Quorum
To report a measure or recommendation A majority of committee "actually present"
To authorize and issue a subpoena A majority of committee "actually present"
To close a meeting or hearing A majority of committee "actually present"
To release information taken in executive session A majority of committee "actually present"
To take evidence or testimony in open session after assertion that it defames, degrades or incriminates A majority of committee "actually present"
To take testimony or receive evidence at a hearing Two members
To close a hearing where assertion of defamatory testimony or evidence is made Two members
To open a hearing that has been closed A majority of committee "actually present"
To take any other action "other than reporting" One-third of committee membership

A standing committee cannot validly report a measure unless the report was authorized at a formal meeting of the committee with a quorum of the committee actually present at the time the vote is taken. This requirement means that a majority must be contemporaneously assembled when the question is put or at some point while the vote is taken. The absence of a quorum at the time a bill is ordered reported gives rise to a point of order on the House floor. Unless a point of order is raised, the House assumes that reports from committees are authorized with a quorum present. Quorum issues raised by a point of order are often determined on the basis of information in the committee report or supplied by the chairman of the committee in question, and the Speaker may question the chairman as to the circumstances of the meeting and the number of committee members present at that meeting. Where the chairman admits that the bill was reported when a quorum was not present, the point of order against the bill on that ground will be sustained. If the point of order is sustained, the bill is automatically recommitted. A point of order that a bill was reported from a committee in the absence of a quorum is properly raised in the House when the bill is called up for consideration or pending a vote on a motion that the House resolve itself into the Committee of the Whole for the consideration of the bill.

Selected Committee Quorum Requirements
Under House and Committee Rules for the 106th Congress

Committee
Quorum for Testimony
Quorum for Reporting
Agriculture
2
 Majority
Appropriations
2
 Majority
Armed Services
2
 Majority
Banking
2
 Majority
Budget
2
 Majority
Commerce
2
 Majority
Education
2
 Majority
Government Reform
2
 Majority
House Administration
2
 Majority
International Relations
2
 Majority
Judiciary
2
 Majority
Resources
2
 Majority
Rules
5-rules/3-original jurisdiction
 Majority
Science
2
 Majority
Small Business
2
 Majority
Standards
2
 Majority
Transportation
2
 Majority
Veterans Affairs
2
 Majority
Ways and Means
2
 Majority
Intelligence
2
 Majority

Note: Many committees have 1/3rd voting requirements to conduct business of the committee other than hearing testimony or reporting a measure.
Source:"Rules Adopted by the Committees of the House of Representatives," 106th Congress, Rules Committee Print