House Committee Chairs: Considerations,
Decisions, and Actions as One Congress Ends
and a New Congress Begins
Judy Schneider
Specialist on the Congress
Michael L. Koempel
Senior Specialist in American National Government
October 5, 201025, 2012
Congressional Research Service
7-5700
www.crs.gov
RL34679
CRS Report for Congress
Prepared for Members and Committees of Congress
House Committee Chairs: Considerations, Decisions, and Actions as One Congress Ends
Summary
A committee chair serves as the leader of a committee, with responsibility for setting the course
and direction of the panel for committee members and the House and for managing a large
professional and paraprofessional staff. The senior committee staff should ensure the chair’s goals
are carried out effectively.
Once a committee chair is selected during the post-election transition period, he or she, often in
consultation with others, makes a series of decisions and takes a series of actions. Some actions
complete a committee’s duties in the Congress just ending, while other actions are taken in
anticipation of the new Congress and then in the new Congress. Some decisions are related to the
committee’s policy calendar; others to the committee’s administrative functions; others to the
chair’s responsibilities during committee sessions; others to the role of committee members;
others to the relationship with the committee’s ranking minority member, other chairs, and party
leaders; and still others related to subcommittee leaders. Many decisions are made with a deadline
imposed by House rules.
Specifically, a committee chair controls the selection of committee staff, authorizes expenditures
from the committee budget, establishes operational and ethics policies, determines committee
travel allocations, decides the content of the committee website, and is responsible for
administration of the committee’s rooms, paperwork, and other operations. Most committees
entrust the drafting of the budget to the committee chair, although a committee’s minority party
members seek to ensure that they receive an appropriate allocation of resources. Before the chair
introduces a funding resolution, the committee approves the chair’s draft budget.
The House requires its committees to adopt committee rules in an open session and to publish
those rules in the
Congressional Record and in electronic form not later than 30 days after the committee is elected. A committee chair
normally prepares any changes to
committee chair is elected. A chair normally proposes adopting, with amendments the chair
offers, the rules under which the committee operated in the previous
Congress, and proposes also proposes
the number of subcommittees for the committee. Under House rules, a
committee must approve its proposed rules.
A committee chair establishes the committee agenda, calls hearings, selects witnesses and
determines the order of their testimony, presides over hearings and markups, chooses theany markup
vehicle and pursues an amendment strategy, prepares the committee report accompanying
legislation, and discusses, or might negotiate, any of these matters with the ranking minority
member. The chair maintains order and decorum during committee meetings, and takes various
steps to protect the committee’s jurisdiction in the referral of legislation and other matters. When
a measure is reported by a committee, it is the responsibility of the committee chair to consult the
party leadership to determine floor scheduling for the measure.
This report covers the period from the House’s early organization meetings through the spring
district work period, which normally occurs in March or April. The report will be updated in the
112thafter
the 113th Congress convenes if House rules or practices affecting chair decisions and actions
discussed here
change substantively.
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House Committee Chairs: Considerations, Decisions, and Actions as One Congress Ends
Contents
Introduction ...................................................................................................................................... 1
Transition (Early Organization to Swearing-in) .............................................................................. 2
Selection of Chairs and Committee Members ........................................................................... 2
End-of-a-Congress Activities .................................................................................................... 43
Activities Report ................................................................................................................. 4
Committee Calendar ............................................................................................................ 4
Committee Records ............................................................................................................. 4
Administrative Matters .................................................................................................................... 4
Committee Budget (Expense Resolution) ................................................................................. 54
Staff and Space Allocations ....................................................................................................... 6
Travel ......................................................................................................................................... 7
Website ...................................................................................................................................... 7
Committee Organization .................................................................................................................. 8
Subcommittee Structure ............................................................................................................ 8
Vice Chair .................................................................................................................................8. 9
Committee Rules ....................................................................................................................... 9
Administrative Matters in Support of Committee Work .........................................................9 10
Committee Procedure and the Role of thea Chair .............................................................................. 10
Hearings ................................................................................................................................... 10
Markups and Reporting ........................................................................................................... 11
Subcommittee Authority .......................................................................................................... 13 12
Procedural Tools for Committee Chairs ......................................................................................... 1213
Maintaining Order and Decorum............................................................................................. 13 12
Protecting Committee Jurisdiction .......................................................................................... 1314
Floor Consideration and the Role of thea Chair ................................................................................. 14 13
Legislative Issues and Agenda ................................................................................................... 14.... 15
State of the Union ............................................................................................................... 15..... 16
President’s Budget ................................................................................................................... 17 16
Budget Resolutions, Views and Estimates, and Appropriations .............................................. 18 17
Expiring Authorizations ......................................................................................................... 18.. 19
Committee Legislative Priorities ............................................................................................. 21 20
Oversight and Investigations ................................................................................................... 21 20
Approving/Disapproving Executive Proposals ....................................................................... 2223
Contacts
Author Contact Information ......................................................................................................... 22.. 24
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House Committee Chairs: Considerations, Decisions, and Actions as One Congress Ends
Introduction
Each Member serves as the leader of his or her personal office. In contrast, a Member who is a
committee chair serves in addition as the leader of a committee, with responsibility for setting the
course and direction of the panel for other Members and the House as well as having. A chair also has
responsibility for overseeing a large professional and paraprofessional staff. Senior committee staff are
While day-to-day
staff management is typically entrusted to a committee staff director, all senior committee staff
are operational managers who should ensure that all of the duties and activities supporting a
chair’s
goals are carried out effectively.
Once a committee chair is selected during the post-election transition period, the chair, often in
consultation with others, makes a series of decisions and takes a series of actions. Some of the
decisions are related to the committee’s policy calendar; others to the committee’s administrative
functions; others to the chair’s responsibilities during committee sessions; others to the role of
committee members; others to the relationship with the committee’s ranking minority member,
other chairs, and party leaders; and still others related to subcommittee leaders.
This report addresses some of the critical matters a House committee chair confronts from the
time of the early organization meetings in November to approximately the spring district workperiod in March or April. The report is divided into the following sections: Transition,
Administrative Matters, Committee Organization, Committee Procedure and the Role of the
a Chair,
Procedural Tools for Committee Chairs, Floor Consideration and the Role of thea Chair, and
Legislative Issues and Agenda. Each section is divided into more specific topics. Actions with an
identifiable deadline appear in italics.
This report contains numerous citations to House rules, which may be found, along with the
parliamentarian’s notes, in Constitution, Jefferson’s Manual, and Rules of the House of
Representatives of the United States, One Hundred EleventhTwelfth Congress.1 An explanatory document
of House rules and precedents, arranged by subject-matter, is House Practice: A Guide to the
Rules, Precedents, and Procedures of the House.2 The Congressional Research Service (CRS)
maintains a wide-ranging set of reports—both in format or coverage and in subject matter—on
the legislative process and congressional procedures, including the budget process and budget
procedures. It has a similarly wide range of reports on each of hundreds of legislative issues. All
CRS reports are available on the CRS website, http://www.crs.gov/.
The Office of the Parliamentarian is the official source of parliamentary advice for committees,
although parliamentarians do not attend committee meetings to assist the chair, unlike their
service to the presiding officer during a meeting of the House. CRS’s specialists and analysts on
Congress also assist committees, Members, and staff with confidential consultations and
memoranda on parliamentary strategy and procedures. CRS provide confidential parliamentary assistance and training for committee and
subcommittee chairs, majority and minority members, and majority and minority staff. CRS
policy specialists and analysts may
assist committees, Members, and staff confidentially in framing policy issues, developing
1
U.S. Congress, House, Constitution, Jefferson’s Manual, and Rules of the House of Representatives of the United
States, One Hundred EleventhTwelfth Congress, H.Doc. 110-162, 110th111-157, 111th Cong., 2nd sess., prepared by John V. Sullivan,
Parliamentarian (Washington: GPO, 20092011). Hereinafter House Manual.
2
Wm. Holmes Brown and, Charles W. Johnson, and John V. Sullivan House Practice: A Guide to the Rules, Precedents,
and Procedures of
the House (Washington: GPO, 2003). Messrs. Brown and Johnson2011). The authors are former parliamentarians of the House. See also
also CRS Report RL30787, Parliamentary Reference Sources: House of Representatives, by Richard S. Beth and Megan
Megan Suzanne Lynch.
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framing policy issues, developing legislative options, planning hearings, and providing written and
oral policy and legislative
analyses at all stages of the legislative process, and appearing as
nonpartisan witnesses at hearings.
Transition (Early Organization to Swearing-in)
The House usuallyroutinely meets for so-called early organization in November, just a week or so after the
the election, with organizational activities continuing into December and even into January or
later.3
The November meetings usuallytypically occur simultaneously with the orientation activities
planned for
Members-elect, and might overlap with a so-called lame-duck session.4
Selection of Chairs and Committee Members
The “steering committee” for each party (the House Democratic Caucus and the House
Republican Conference), or the specific party entity responsible for committee
assignments,
traditionally is constituted during the early organization meetings.4 If one or more
Party rules govern each party’s
process for selecting committee members and designating committee and subcommittee chairs or
ranking members. If one or more committee chairmanships are contested, or open,5 the majority
party’s steering committee may conduct
interviews during the early organization meetings.6 Each
party’s steering committee also makes most
committee assignment recommendations during early
organization, although that process may
take longer as the majority and minority parties negotiate
committee party ratios.57 In some
instances, the party’s leader—the Speaker or minority leader—is
the appointing official for
members, or some members, of certain committees; the Speaker, as her or hishis
or her party’s leader, is the
appointing official for certain chairs.68
The Democratic Caucus and Republican Conference meet to confirm the recommendations of
their respective steering committees and party leaders. The majority party tries to complete the
chairmanship selection process during this transition period. The official election of Members to
committees occurs after the new Congress convenes, with the adoption of one or more House
resolutions making committee assignments recommended by the party caucuses. These
resolutions are usually routinely voted on without debate within the first few days of a new
Congress. Designation of committee chairs and ranking minority members, whose names appear
first on their party’s roster for each committee, occurs with the adoption of the committee
assignment resolutions.7
As committee chairs are determined during early organization meetings or thereafter, the
selection process for subcommittee chairs may also begin. Applicants for subcommittee
3
House Manual, § 1126, pp. 995-998. See CRS Report RS21339, Congress’s Early Organization Meetings, by Judy
Schneider.
43
House Manual, § 1126, pp. 1015-1018. See CRS Report RS21339, Congress’s Early Organization Meetings, by Judy
Schneider.
4
For an extensive examination of the occurrence, duration, and actions of lame-duck sessions, see CRS Report
RL33677, Lame Duck Sessions of Congress, 1935-2010 (74th-111th Congresses), by Richard S. Beth and Jessica
Tollestrup.
5
Although a chair vacancy may occur for a number of reasons, House Rule X, cl. 5(c)(2) limits Members to service of
three consecutive Congresses as chair of the same committee or subcommittee. Party rules may also affect chairs’
service.
6
See CRS Report RS21165, House Standing Committee Chairs and Ranking Minority Members: Rules Governing
Selection Procedures, by Judy Schneider.
57
A House rule limits Members to service on two standing committees and four subcommittees of standing committees,
although this rule is sometimes tacitly waived in House agreement to committee assignment resolutions. House Rule X,
cl. 5(b)(2). In addition, party rules place restrictions not found in House rules on committee assignments, for example,
by designating assignment to certain committees as an exclusive assignment. Delegates and the Resident Commissioner
are treated as Members in the making of committee assignments.
Rule III, cl. 3. See also CRS Report 98-151, House
Committees: Categories and Rules for Committee Assignments, by
Judy Schneider.
68
In addition, the Speaker appoints Members to select, joint, and conference committees “ordered by the House.” House
Rule I, cl. 11.
7
House Rule X, cl. 5(a)(1) (resolution on standing committee assignments); Rule X, cl. 5(c) (designation of chairs);
Rule X, cl. 5(a)(2) (membership of the Budget Committee); Rule X, cl. 5(a)(3) (membership of the Standards of
Official Conduct Committee); and Rule X, cl. 11(a) (membership of the Permanent Select Committee on Intelligence).
Rule X, cl. 5(e) provides for the filling of vacancies on standing committees. Membership in a party caucus or
conference is required for a Member to retain his or her committee assignments. Rule X, cl. 5(b)(1) and cl. 10(a).
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resolutions are voted on routinely without debate within the first few days of a new Congress.
Unless a separate assignment resolution designating committee chairs is offered, designation of
chairs and ranking minority members, whose names appear first on their party’s roster for each
committee, occurs with the adoption of the committee assignment resolutions.9
As committee chairs are determined during early organization meetings or thereafter, the
selection process for subcommittee chairs may also begin. Applicants for subcommittee
chairmanships might meet with their committee’s chair, or even a prospective chair. Because of
the Speaker’s influence, as party leader, with committee chairs over the selection of some
subcommittee chairs, applicants might also consult the party leader. In the selection process for
some subcommittee chairs, including those of Appropriations Committee subcommittees, the
party leader may be directly involved.810
The Democratic Caucus and Republican Conference also discuss their internal (party) rules
during the early organization meetingspost-election transition period, possibly amend them, and, if time permits, adopt them.
Committee Committee
chairs monitor developments in their party’s organization that impact their
committee’s structure
and operations, and might offer their own amendments to party rules to
protect their panel’s
interests.
During early organization meetingsthe transition period, the House Rules Committee also beginsundertakes consideration of
possible modifications to the rules of the House for the new Congress. If the House is meeting in
a lame-duck session during early organization meetings, the Rules Committee might hold
hearings on potential House rules changes.
Outgoing chairs, retiring Members, chair candidates,
and other Members may be included as
witnesses. Committee chairs are often active participants
in the drafting stage of changes to
House rules since any changes to committee assignments
(including term limits and assignment
limits), committee jurisdictions, committee procedures, and
other numbers of subcommittees, and other
rules and standing orders can have a direct effect on certain, many, or all committees.911
On the day it convenes,1012 the new House agrees to a simple resolution, oftentimes numbered
H.Res. 5, that adopts chamber rules for the duration of the new Congress.1113 The resolution
normally is worded to adopt the rules of the previous Congress with a series of specific
amendments to them, effective with the House’s agreeing to the simple resolution.12
(See also the “Legislative Issues and Agenda” section related to committees’ planning for
legislative and oversight activities that may occur during the post-election transition.)
End-of-a-Congress Activities
As a two-year Congress ends, House rules and practice require committees to publish certain
documents and to prepare records for the National Archives. These activities are usually brought
to a conclusion during the post-election transition period.
8
resolution.14
9
House Rule X, cl. 5(a)(1) (resolution on standing committee assignments); Rule X, cl. 5(c) (designation of chairs);
Rule X, cl. 5(a)(2) (membership of the Budget Committee); Rule X, cl. 5(a)(3) (membership of the Ethics Committee);
and Rule X, cl. 11(a) (membership of the Permanent Select Committee on Intelligence). Rule X, cl. 5(e) provides for
the filling of vacancies on standing committees. Membership in a party caucus or conference is required for a Member
to retain his or her committee assignments. Rule X, cl. 5(b)(1) and cl. 10(a).
10
See CRS Report 98-610, House Subcommittees: Assignment Process, by Judy Schneider.
11
The Democratic Caucus and Republican Conference traditionally send letters to their respective Members in
September and October the fall
before thean election to solicit suggestions for House and party rules changes. The Rules
Committee has also often sent a
often sends a letter to all Members soliciting suggestions for House rules changes. See also CRS Report
RL32661, House
Committees: A Framework for Considering Jurisdictional Realignment, by Michael L. Koempel, and
CRS Report
RL34293, Resolving House Committee Jurisdictional Disputes: A Survey of Options, by Walter J. Oleszek.
1012
A new Congress convenes January 3 of each odd-numbered year, although Congress may set a different convening
day. U.S. Const., amend. XX, § 2.
11
In the 110th Congress and some other recent For example, the 111th Congress approved legislation signed by the President
establishing the convening date of the 112th Congress as January 5, 2011. P.L. 111-289.
13
In the 110th Congress and some recent but earlier Congresses, the rules resolution was numbered H.Res. 6, agreed to in the
House January 5, 2007.
12.
14
See CRS Report RL33610R42395, A Retrospective of House Rules Changes Since the 104th110th Congress, by Michael L.
Koempel Koempel
and Judy Schneider,; and CRS Report RS22580, Committee SystemRL33610, A Retrospective of House Rules Changes in the House, 110th
Congress, by Judy Schneider.
9Since the 104th Congress
through the 109th Congress, by Michael L. Koempel and Judy Schneider.
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Activities Report
Under House rules, each committee must submit an activities report to the House by January 2 of
each odd-numbered year.13 Such a report is to contain sections summarizing a committee’s
legislative and oversight activities in the preceding two-year Congress. There are specific
requirements for what is reported on oversight. In addition, committee members may file
supplemental, minority, or additional views(See also the “Legislative Issues and Agenda” section related to committees’ planning for
legislative and oversight activities that may occur during the post-election transition.)
End-of-a-Congress Activities
As a two-year Congress ends, House rules and practice require committees to publish certain
documents and to prepare records for the National Archives. These activities are usually brought
to a conclusion during the post-election transition period.
Activities Report
Under House rules, each committee must submit an activities report to the House by December
30.15 This report is the fourth and final activities report required during a two-year Congress.
Such a report is to contain sections summarizing a committee’s legislative and oversight activities
in the preceding six-month period. There are specific requirements for what is reported on
oversight activities. If Congress has adjourned sine die or it is after December 15, whichever
occurs first, a chair may file the report without approval by the committee so long as the report
was made available to each committee member for seven calendar days and it includes any
supplemental, minority, or additional views submitted by committee members.
Committee Calendar
Although committees are not required by House rules to publish a calendar, all committees do,
except for the Appropriations, House Administration, and Standards of Official Conduct
Ethics Committees. As a “calendar” in
the congressional context, a committee calendar lists all measures
referred to the committee
during a Congress, the committee’s actions on them, and congressional
action on measures the
committee reported. A calendar maymight also include the committee’s rules, a
statement of the
committee’s jurisdiction, rosters of the committee and its subcommittees, rosters
of committee
staff, and other information.
Committee Records
Committee records are the property of the House, and must be kept separate from the personal
office records of a committee chair. 1416 At the end of a Congress, each committee is required to
transfer its noncurrent records to the clerk of the House for transfer to the National Archives. 15
These17
Together, these two rules also establish standards for public availability of records, under certain
circumstances allowing committees to determine restrictions on availability.
Administrative Matters
A committee chair controls the selection of committee staff, authorizes expenditures from the
committee budget, establishes operational and ethics policies, determines committee travel
15
House Rule XI, cl. 1(d).
House Rule XI, cl. 2(e)(2).
17
House Rule VII.
16
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allocations, decides the content of the committee website, and is responsible for administration of
the committee’s rooms, paperwork, and other operations.
Committee Budget (Expense Resolution)
One of the first orders of business for a committee in a new Congress is the drafting of a
committee budget to pay the expenses the panel will incur during a two-year Congress. Most
committees entrust the drafting of a budget to the committee chair, although a committee’s
minority party members seek to ensure that they receive an appropriate allocation of resources.
Typically working from the committee’s budget in the previous Congress, the chair modifies the
previous budget to create a funding request reflecting the committee’s anticipated resource needs.
The structure and content of committees’ budget requests have changed very little in recent years.
13
House Rule XI, cl. 1(d).
House Rule XI, cl. 2(e)(2).
15
House Rule VII.
14
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A committee’s budget details staff salary requirements16requirements18 and expenses, such as reimbursements,
and costs for consulting services, printing, office equipment, supplies, subscriptions, travel, and
other items.
Each committee meets to approve its budget request, and Members may propose changes to the
draft before a vote on approval. Following a committee’s approval, the committee chair will
typically introduce a House resolution, usually in late February or early March, to provide his or
her committee with funding for the two years of a Congress. Once a resolution is introduced, the
chair provides electronic and printed copies of the budget request, as well as any supporting
documentation, to the House Administration Committee, to which the individual committees’
resolutions are referred. The chair and ranking minority member of each committee are normallytypically
invited to testify before the House Administration Committee in support of their committee’s
budget request. (In the 111th Congress, chairs and ranking minority members were requested in
addition to testify before the House Administration Committee in the second session.)19
The chair of the House Administration Committee introduces an omnibus committee funding
resolution, called a “primary expense resolution” in House rules. The House Administration
Committee marks it up and reports it to the House. The House traditionally acts on the omnibus
committee funding resolution in late March.1720
House rules also allow a primary expense resolution to contain a reserve fund for unanticipated
expenses of committees. The House Administration Committee makes allocations from such a
fund.18 House rules also allow for the possibility of one or more supplemental expense
resolutions. 19
By the 18th of each month, each committee is directed to submit to the House Administration
Committee an original and two copies of a report signed by the committee chair that contains a
statement of expenses, staffing information, and other details on the committee’s activities during
the preceding month.20 House rules require funds made available to a committee to be used for
the activities of the committee. 21
16
Personnel overhead costs, such as contributions for retirement, health insurance, and life insurance, are not
specifically charged to committee budgets. U.S. Congress, House Administration Committee, Committees’
Congressional Handbook, p. 5; available at http://cha.house.gov/committee_handbook.aspx. Referred to hereinafter as
Committees’ Congressional Handbook, this document contains the House Administration Committee’s regulations that
govern expenditures from committee funds.
17
18
Personnel overhead costs, such as contributions for retirement, health insurance, and life insurance, are not
specifically charged to committee budgets. U.S. Congress, House Administration Committee, Committee Handbook;
available at http://cha.house.gov/handbooks/committee-handbook. The Committee Handbook contains the House
Administration Committee’s regulations that govern expenditures of committee funds.
19
In the 112th Congress, as in the 111th Congress, chairs and ranking minority members were requested in addition to
testify before the House Administration Committee in the second session. Section 3(c) of H.Res. 147, agreed to in the
House March 17, 2011. The House in the 112th Congress also adopted a resolution after convening to reduce
committee, leadership, and Member office spending. See H.Res. 22, agreed to in the House January 6, 2012.
20
House Rule X, cl. 6 provides for primary expense resolutions. Rule X, cl. 7 provides for interim funding for the
period between January 3 and March 31 in each odd-numbered year. Under this rule, for each of these three months,
committees are entitled to up to 9% of the (or a lesser amount determined by the House Administration Committee) of the
total annual amount made available to them in expense resolutions in the
preceding session of Congress. See CRS
Report RL32794R42778, House Committee Funding Requests and Authorizations,
104th-110th Congresses, by R. Eric Petersen, and CRS Report R40204, House Committee Funding, 111th Congress, by
R. Eric Petersen.
18
House Rule X, cl. 6(a).
19
House Rule X, cl. 6(b).
20
Committees’ Congressional Handbook, pp. 3-4.
21
House Rule X, cl. 6(e). See also Rule X, cl. 9(b) related to a committee’s use of its staff.
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House Committee Chairs: Considerations, Decisions, and Actions as One Congress Ends: Process and Analysis of Disbursements, by Matthew Eric Glassman; and
CRS Report RL32794, House Committee Funding Requests and Authorizations, 104th-112th Congresses, by Matthew
Eric Glassman.
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fund, subject to the Speaker’s approval.21 House rules also allow for the possibility of one or
more supplemental expense resolutions.22
By the 18th of each month, each committee is directed to submit to the House Administration
Committee an original and two copies of a report signed by the committee chair that contains a
statement of expenses, staffing information, and other details on the committee’s activities during
the preceding month.23 House rules require funds made available to a committee to be used for
the activities of the committee.24
Staff and Space Allocations
Decisions on the structure and organization of a committee staff rest with the committee’s chair. A
determination of a committee’s staffing needs, including how the committee will staff its
subcommittees, is integral to the creation of a committee budget. With regard to subcommittee
staffing, a House rule states: “ ... the chairman of each committee shall ensure that sufficient staff
is made available to each subcommittee to carry out its responsibilities under the rules of the
committee.... ”2225 Committee chairs have implemented this requirement in different ways. Some
chairs provide autonomous staff to their committee’s subcommittees, while others maintain staff
at the full-committee level and detail staff to subcommittees as needed. Other systems are also
used.
The same House rule states: “ ... the chairman of each committee shall ensure ... that the minority
party is treated fairly in the appointment of ... staff.”2326 Another House rule indicates that the
minority party is entitled to one-third of the up to 30 so-called statutory staff provided under the
rule, or 10 staff if a committee hires 30 staff.2427 Negotiation between the committee chair and the
minority, presumably the ranking minority member, could result in additional staff being
available to the minority. 2528
The committee’s ranking minority member is ostensibly responsible for minority staff. However,
there are occasions where the committee chair exerts control, for example, in authorizing travel
and approving other activities detailed in committee rules or office manuals.
Most functions performed by committee staff, and the job titles given committee staff, are similar
among committees. A staff director serves as the overall manager of a committee’s staff, acts as
liaison between the chair and staff, and is the chair’s closest policy adviser. (On the
Appropriations Committee and its subcommittees, staff directors have been called clerks.) A chief
counsel generally serves as the legal counsel for the committee. This staff member often may also
serve as the panel’s parliamentarian. If a counsel does not have the parliamentarian role, the
practice of most committees is to hire a professional staff member to serve in that capacity.
Professional policy staff, also called counsel by some committees, serve as issue experts covering
the policy areas over which the committee has jurisdiction. A chief clerk and other clerks, referred
to as administrative staff, serve as document managers, webmasters, calendar clerks,
receptionists, and the like. The committee majority negotiates with the minority regarding the
division of administrative support activities.
In addition to the monthly expense report mentioned above, each committee chair certifies a
payroll certification form for the committee and transmits it to the Human Resources Office no
22
23
House Rule X, cl. 6(d).
Ibid.
24 Minority staff’s
“character and qualifications” must also be “acceptable” to a majority of the committee.29
21
House Rule X, cl. 6(a) and Committee Handbook.
House Rule X, cl. 6(b).
23
Committee Handbook.
24
House Rule X, cl. 6(e). See also Rule X, cl. 9(b) related to a committee’s use of its staff solely for committee duties.
25
House Rule X, cl. 6(d).
26
Ibid.
27
House Rule X, cl. 9(a). Additional rules applicable to minority staff are contained in Rule X, cl. 9(f), (g), and (h).
Additional rules applicable to committee staffing are contained in Rule X, cl. 9(c) and (e). Staffing for the
Appropriations Committee is covered by Rule X, cl. 9(d). A committee may also have nonpartisan staff. Rule X, cl.
9(i). A specific rule on nonpartisan staff applies to the Standards of Official ConductEthics Committee. Rule XI, cl. 3(g).
2528
An additional control on committee staff size is exercised by the Speaker: “The Speaker sets a staff ceiling for each
committee which may not be exceeded unless specifically authorized by the Speaker.” In addition: “Annual rates of pay
may not exceed the amount specified in the Speaker’s Pay Order.” Committees’ Congressional Handbook, p. 5.
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later than the 18th day of each month.26Committee Handbook, in which additional
references to the Speaker’s authority over the size of committee staff and their pay appear. The Speaker’s Pay Order is
later published in the United States Code. See 2 U.S.C. 60a-2a, note.
29
House Rule X, cl. 9(a)(2).
22
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Most functions performed by committee staff, and the job titles given committee staff, are similar
among committees. A staff director serves as the overall manager of a committee’s staff, acts as
liaison between the chair and staff, and is the chair’s closest policy adviser. (On the
Appropriations Committee and its subcommittees, staff directors have been called clerks.) A chief
counsel generally serves as the legal counsel for the committee. This staff member often may also
serve as the panel’s parliamentarian. If a counsel does not have the parliamentarian role, the
practice of most committees is to hire a professional staff member to serve in that capacity.
Professional policy staff, also called counsel by some committees, serve as issue experts covering
the policy areas over which the committee has jurisdiction. A chief clerk and other clerks, referred
to as administrative staff, serve as document managers, webmasters, calendar clerks,
receptionists, and the like. The committee majority negotiates with the minority regarding the
division of administrative support activities.
In addition to the monthly expense report mentioned above, each committee chair certifies a
payroll certification form for the committee and transmits it to the Human Resources Office no
later than the 18th day of each month.30 With the approval of the House Administration
Committee, a committee chair is also responsible for signing any contracts for consultants and
authorizing staff detailed from government departments or agencies.2731
Committees have majority and minority suites for staff. They also often have additional office
space not connected to these suites. Even when a party continues in the majority, there is often
some shifting of space allocated to specific committees. When the majority changes, the parties’
committee staffs typically trade suites. The chair might decide the location of key staff members
and the allocation of space to subcommittee staff or to other staff groups or teams.
Each committee is also provided parking permits for up to 80 percent% of the committee’s staff; 60
percent% of
the spaces provided are indoor and 40 percent% are outdoor. The committee chair
designates to whom
parking spaces are allocated, and whether indoor spaces will be reserved or
unreserved.2832
Travel
Committee chairs prepare on a quarterly basis a consolidated report of spending for foreign
travel by committee members and employees and provide the report to the clerk of the House.2933 A
House rule governs foreign travel and requires committee members and staff to report to a
committee’s chair within 60 days of completing foreign travel.3034
Website
Each committee has a website, and each committee’s website is different. Decisions on its design,
content, and the minority’s input reside with a committee’s chair. The minority, and individual
subcommittees, are entitled to separate pages that are linked to a committee’s website and are
accessible only from the committee’s website.
Committees may not include political or campaign information on their website or link to any
campaign or political party website. Committees are restricted in the URL they may use.
Committee websites must also comply with the House Administration Committee’s security
regulations.31
26
Committees’ Congressional Handbook, p. 830
Committee Handbook. The Human Resources Office is a part of the Office of the Chief
Administrative Officer.
27
Ibid., pp. 16-17.
28
Ibid., pp. 28-29.
29
Committees’ Congressional Handbook, p. 42.
30
House Rule X, cl. 8.
31
Committees’ Congressional Handbook, pp. 22-24. While the House Administration Committee is responsible for
rules and regulations authorizing spending and other administrative matters, many services and support functions are
provided by the Office of the Chief Administrative Officer (CAO), for example, information technology and office
furnishings. The CAO may be contacted on the Web at http://onlinecao.house.gov, and by telephone through the First
Call+, 225-8000 (fax: 226-6637).
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32
Ibid.
33
Committee Handbook.
34
House Rule X, cl. 8.
31
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subcommittees, are entitled to separate pages that are linked to a committee’s website and are
accessible only from the committee’s website.
Committees may not include political or campaign information on their website or link to any
campaign or political party website. Committees are restricted in the URL they may use.
Committee websites must also comply with the House Administration Committee’s security
regulations.35
Committee Organization
Subcommittee Structure
House rules identify the maximum number of subcommittees each committee may create. No
committees, except for the Appropriations Committee and Oversight and Government Reform
Committee, may have more than five subcommittees. The Appropriations Committee is allowed
not more than 13 subcommittees and the Oversight and Government Reform Committee is
allowed not more than seven subcommittees. Committees limited to five subcommittees are
permitted to create a sixth subcommittee if it is an oversight subcommittee. 3236 However, waivers
enduring for a single Congress have been granted in H.Res. 5 to specific committees to allow
them to have additional subcommittees.3337
A committee chair normally proposes the number of subcommittees for the committee. However,
it is the responsibility of the committee majority, acting through the committee chair and often
subject to one or more party rules, to determine a committee’s number of subcommittees, their
size and assignment of members,3438 their jurisdiction, and their authority, that is, whether they may
mark up legislation or may only conduct hearings and oversight. Further, a chair decides whether
subcommittees may hire autonomous staff or obtain staff assistance from a centralized fullcommittee staff.
On some committees, subcommittee chairs are elected, or even selected, either by the Democratic
Caucus or Republican Conference or by the respective party’s leader, often in consultation with
the committee chair. In addition, pursuant to chamber rules, a committee’s chair and ranking
minority member may serve ex officio as members of the committee’s subcommittees. Some
committees’ rules allow these ex officio members to be counted for a quorum or to vote, others do
not.35
Vice Chair
House rules direct committee chairs to designate majority-party committee and subcommittee
vice chairs. No other rules seem to restrict these choices so that, for example, a vice chair need
not be the most senior majority-party member of a committee or a subcommittee. While the
selection of a committee vice chair rests with the committee chair, the committee chair often
makes choices after consultation with party leadership. A vice chair presides over the committee
or subcommittee in the absence of the chair.36
32
35
Committee Handbook. While the House Administration Committee is responsible for rules and regulations
authorizing spending and other administrative matters, many services and support functions are provided by the Office
of the Chief Administrative Officer (CAO), for example, information technology and office furnishings. The CAO may
be contacted on the Web at http://onlinecao.house.gov, and by telephone through the First Call+, 225-8000 (fax: 2266637).
36
House Rule X, cl. 5(d). In the 110th Congress, the Appropriations Committee most recently reorganized to increase
the number of
its subcommittees to 12 from 11. See CRS Report RL31572, Appropriations Subcommittee Structure:
History of
Changes from 1920-2007, by James V. Saturno.
33
In the 111th to 2011, by Jessica Tollestrup.
37
In the 112th Congress, the Armed Services Committee was permitted not more than seven subcommittees; the
Foreign Affairs Committee, not more than seven subcommittees; and the Transportation and Infrastructure Committee,
not more than six subcommittees. Section 3(bk) of H.Res. 5, agreed to in the House January 6, 2009.
345, 2011.
38
See CRS Report 98-610, House Subcommittees: Assignment Process, by Judy Schneider.
35
House Rule X, cl. 5(b)(2)(B)(i) exempts ex officio service by a chair or ranking minority member from the limitation
on subcommittee service contained in Rule X, cl. 5(b)(2)(A).
36
House Rule XI, cl. 2(d).
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committees’ rules allow these ex officio members to be counted for a quorum or to vote, others do
not.39
Vice Chair
House rules direct committee chairs to designate majority-party committee and subcommittee
vice chairs. No other rules seem to restrict these choices so that, for example, a vice chair need
not be the most senior majority-party member of a committee or a subcommittee. While the
selection of a committee vice chair rests with the committee chair, the committee chair often
makes choices after consultation with party leadership. A vice chair presides over the committee
or subcommittee in the absence of the chair.40
Committee Rules
The House requires its committees to adopt committee rules and to publish those rules both in
electronic form and in the in the
Congressional Record not later than 30 days after the committee chair
is elected.3741 Pursuant to both
Democratic Caucus and Republican Conference rules, a committee
organization meeting is
usually the first meeting held by a committee, often within a very few
days or weeks of the
convening of a Congress. Most chairs review their committee’s rules from
the prior Congress and
propose to adapt them to the committee’s perceived needs in the current
Congress. Party caucuses
on each committee traditionally meet separately prior to the first official
meeting of a committee.
At a committee’s first meeting, committee rules are discussed, amended, and adopted. For
example, quorum requirements should reflect the size and ratio of the committee, which often
change from one Congress to the next. In addition, the relationship between the majority and
minority parties should be made clear. How much authority should the minority or the ranking
minority member have in agenda-setting and other decisions, such as the issuance of subpoenas?
The use of terms such as “concurrence,” “consultation,” or “notification” related to agendasetting and other decisions will describe the relationship between the majority and minority
parties, or the chair and ranking minority member, and the authority of each party. Committee
rules might also need to be amended to account for changes to House rules that affect committees
and that were contained in H.Res. 5.
Committee rules usually manifest the role and authority of the committee chair; the ability of the
majority, especially the chair, to control the agenda and legislative actions of the committee; and
the desire of party leadership to move party-favored legislation through a committee and to the
floor. Therefore, committees’ rules tend to change only incrementally from one Congress to the
next.
39
House Rule X, cl. 5(b)(2)(B)(i) exempts ex officio service by a chair or ranking minority member from the limitation
on subcommittee service contained in Rule X, cl. 5(b)(2)(A).
40
House Rule XI, cl. 2(d).
41
House Rule XI, cl. 2(a). In addition, Rule X, cl. 10(b) requires select and joint committees to comply with Rule XI,
cl. 2(a). Committees also often publish their rules as committee prints.
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Specific items must be addressed in committee rules, such as the selection of a regular meeting
day, although committees have flexibility in drafting their rules.3842 Under House rules, the
chamber’s rules are the rules of its committees, and a committee’s rules may not be inconsistent
with chamber rules. 3943 If a committee’s rules are silent on a matter, House rules apply.4044
Administrative Matters in Support of Committee Work
Numerous functions are routine in a committee office and are undertaken by staff. Nevertheless, a
committee chair can establish the environment for committee activities and direct the staff
accordingly. For example, committees have assigned meeting rooms, most of which have a fixed
dais. Beyond that, a chair may wish to make decisions about the standard setup for hearings,
markups, and other business meetings: the location of witness and staff tables, management of
37
House Rule XI, cl. 2(a). In addition, Rule X, cl. 10(b) requires select and joint committees to comply with Rule XI,
cl. 2(a). Committees also often publish their rules as committee prints, and post their rules on their website.
38
House Rule XI, cl. 2(a)(1)(C) requires committees to incorporate in their rules the “succeeding provisions” of Rule
XI, cl. 2 “to the extent applicable.” Rule XI is titled “Procedures of Committees and Unfinished Business.”
39
House Rule XI, cl. 1(a)(1)(A), and Rule XI, cl. 2(a)(1)(B), respectively.
40
For example, House Rule XI, cl. 2(g) (open meetings and hearings) and Rule XI, cl. 4 (audio and visual coverage of
committee proceedings) are long, detailed statements of policy and procedure. In their rules, a number of House
committees summarize and reference, or simply reference, these House rules.
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live media coverage, seating forpresence of staff on the dais, the role and duties of staff at committee
meetings,
assistance in the maintenance of order in a room, items to be set at Members’ places,
and so on.
Some matters, or aspects of some matters, can be routinized through checklists, form letters, and
ongoing contacts. For example, committee staff can create templates to be used in most situations
for requesting the attendance of attorneys from the Office of Legislative Counsel, obtaining
recording and transcription services from the Office of Official Reporters, notifications to the
Capitol Police, and invitations to witnesses.
Committee Procedure and the Role of thea Chair
A committee chair establishes the committee agenda, divides work between the subcommittees
and the full committee, determines procedural strategy, calls hearings, selects witnesses and
determines the order of their testimony, presides over hearings and markups, chooses the markup
vehicle and pursues an amendment strategy, prepares the committee report accompanying
legislation, and discusses, or might negotiate, any of these matters with the ranking minority
member.
Hearings
Under House rules, a committee chair must publicly announce the date, place, and subject matter
of a hearing at least one week in advance of the date and publish the announcement in the Daily
Digest section of the Congressional Record.41 and make it publicly available in electronic form.45
Many hearing-related and administrative tasks need
to be performed in preparation for a hearing, many of which are undertaken by committee staff.42
The committee chair is responsible for the selection and invitation of witnesses to testify,
including determining the order in which they will testify and whether they will appear alone or
as part of a panel. The minority, however, is entitled under the rules to also call witnesses.43 A
committee chair may decide whether or not to swear a witness.44 House rules require a committee
chair to maintain order and decorum during committee proceedings—recognizing committee
members, responding to breaches of decorum by a witness or of professional ethics by a witness’s
counsel, and maintaining order in the audience. 45
Chairs usually make an opening statement to reiterate the purpose46 and set the tone for a hearing
and then speak last to thank witnesses for their testimony. Chairs also often send thank-you letters
to witnesses after their appearance. 47
41
House Rule XI, cl. 2(g)(3). This subparagraph also allows a chair to give less notice with the “concurrence of the
ranking minority member” or by “majority vote” of the committee.
42
See CRS Report 98-488, House Committee Hearings: Preparation, by Christopher M. Davis.
43
House Rule XI, cl. 2(j)(1). See CRS Report RS22637, House Committee Hearings: The “Minority Witness Rule”, by
Christopher M. Davis.
44
It is unlawful for a witness to make a false statement whether sworn or not (18 U.S.C. 1001).
45
House Rule XI, cl. 2(k)(4).
46
House Rule XI, cl. 2(k)(1).
47
House Rule XI, cl. 1(c) provides authority for committees to print hearings. Rule XI, cl. 2(e)(4) directs committees to
make their publications available in electronic format “to the maximum extent feasible.” Rule XIII, cl. 4(c) contains a
so-called layover rule related to the availability of printed Appropriations Committee hearings.
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Markups and Reporting
Committee chairs have primary authority for the scheduling of a markup, selection of a markup
vehicle, and conduct of a markup. Many committee chairs caucus with their party’s committee
members prior to a markup to discuss strategy at the markup. As with hearings, many tasks need
to be performed in preparation for markups, although many of them are conducted by staff.48
During markup, a committee chair often serves as the primary spokesman for or against
amendments offered to the markup vehicle. A committee chair also decides whether to vote first
or last on a recorded vote. (Chairs usually make a one-time decision, which they adhere to on
most or all votes in all of their committee’s markups.) At the end of a markup, when a committee
votes to report a measure, it is incumbent upon the chair, pursuant to House rules, to report the
measure “promptly” and to take whatever steps are necessary to secure chamber consideration of
the measure. 49
The committee chair is responsible for preparation of the committee report to accompany
legislation reported from the committee as well as other committee reports and documents on
other committee activities.50
42
House Rule XI, cl. 2(a)(1)(C) requires committees to incorporate in their rules the “succeeding provisions” of Rule
XI, cl. 2 “to the extent applicable.” Rule XI is titled “Procedures of Committees and Unfinished Business.”
43
House Rule XI, cl. 1(a)(1)(A), and Rule XI, cl. 2(a)(1)(B), respectively.
44
For example, House Rule XI, cl. 2(g) (open meetings and hearings) and Rule XI, cl. 4 (audio and visual coverage of
committee proceedings) are long, detailed statements of policy and procedure. In their rules, a number of House
committees summarize and reference, or simply reference, these House rules.
45
House Rule XI, cl. 2(g)(3). This subparagraph also allows a chair to give less notice with the “concurrence of the
ranking minority member” or by “majority vote” of the committee.
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many of which are undertaken by committee staff.46 The committee chair is responsible for the
selection and invitation of witnesses to testify, including determining the order in which they will
testify and whether they will appear alone or as part of a panel. The minority, however, is entitled
under the rules to also call witnesses.47 A committee chair may decide whether or not to swear a
witness.48 A chair might also decide who for the majority should lead questioning of a particular
witness or on a particular subject, or what alternatives to member-by-member questioning to
pursue.49 House rules require a committee chair to maintain order and decorum during committee
proceedings—recognizing committee members, responding to breaches of decorum by a witness
or of professional ethics by a witness’s counsel, and maintaining order in the audience.50
Chairs should make an opening statement to reiterate the purpose of a hearing51 and to set a tone
for the hearing, and then speak last to thank witnesses for their testimony.52 Chairs also often send
thank-you letters to witnesses after their appearance.53
Markups and Reporting
Committee chairs have primary authority for the scheduling of a markup,54 selection of a markup
vehicle,55 and conduct of a markup. Many committee chairs caucus with their party’s committee
46
See CRS Report 98-488, House Committee Hearings: Preparation, by Christopher M. Davis.
House Rule XI, cl. 2(j)(1). See CRS Report RS22637, House Committee Hearings: The “Minority Witness Rule”, by
Christopher M. Davis.
48
It is unlawful for a witness to make a false statement whether sworn or not (18 U.S.C. 1001).
49
For example, House Rule XI, cl. 2(j)(2)(B) and (C) authorizes committees to adopt in their rules alternative means of
questioning witnesses than the five-minute rule.
50
House Rule XI, cl. 2(k)(4).
51
House Rule XI, cl. 2(k)(1).
52
Committees must also publish in electronic form the so-called truth-in-testimony disclosures made by witnesses.
House Rule XI, cl. 2(g)(5).
53
House Rule XI, cl. 1(c) provides authority for committees to print hearings. Rule XI, cl. 2(e)(4) directs committees to
make their publications available in electronic form to the “maximum extent feasible,” and cl. 2(e)(5) directs
committees to the “maximum extent practicable” to provide audio and video coverage of every hearing and meeting
and to maintain recordings, both in a manner consistent with public access. Rule XIII, cl. 4(c) contains a so-called
layover rule related to the availability of printed Appropriations Committee hearings. In addition to the Committee
Handbook, the Committee on House Administration website contains a section of guidance labeled “Transparency
Initiatives,” available at http://cha.house.gov/legislation/schedule/transparency-initiatives.
See also U.S. Congress, Committee on House Administration, news release, “LOC Launches New Site to Webcast
House Committee Proceedings,” Feb. 2, 2012, available at http://cha.house.gov/press-release/loc-launches-new-sitewebcast-house-committee-proceedings; and news release, “Clerk Launches New Site for House Documents,” January
17, 2012, available at http://cha.house.gov/press-release/clerk-launches-new-site-house-documents.
54
House Rule XI, cl. 2(g)(3) disallows a committee meeting to be held prior to the “third day on which members have
notice.” This subparagraph also allows a chair to give less notice with the “concurrence of the ranking minority
member” or by “majority vote” of the committee.
55
House Rule XI, cl. 2(g)(4) requires the text of the markup vehicle to be available at least 24 hours in advance of a
markup meeting; a shorter availability is possible under this subparagraph if the chair has received approval for a
shorter notice under clause 2(g)(3), as the previous note explains. The section-by-section analysis of H.Res. 5 (112th
Cong.) indicated: “This provision is intended to ensure that members have the text of the measure or matter in
sufficient time to review the measure and draft any amendments. Accordingly, if the committee is considering a
committee print, or the Chair of a committee intends to use an amendment in the nature of a substitute as the base text
for purposes of further amendment, circulation of that text will satisfy this requirement.” Rep. David Dreier, “Rules of
the House,” insert, Congressional Record, vol. 157, January 5, 2012, p. H13.
47
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members prior to a markup to discuss strategy at the markup. As with hearings, many tasks need
to be performed in preparation for markups, although many of them are conducted by staff.56
During markup, a committee chair often serves as the primary spokesman (or designates the
primary spokesman) for or against amendments offered to the markup vehicle. A committee chair
also decides whether to vote first or last on a recorded vote. (Chairs usually make a one-time
decision, which they adhere to on most or all votes in all of their committee’s markups.) At the
end of a markup, when a committee votes to report a measure, it is incumbent upon the chair,
pursuant to House rules, to report the measure “promptly” and to take the “steps necessary” to
secure chamber consideration of the measure.57
The committee chair is responsible for preparation of the committee report to accompany
legislation reported from the committee as well as other committee reports and documents on
other committee activities.58 A committee must in addition post in electronic form within 48 hours
votes taken in markup and the text of amendments adopted.59
Outgoing chairs usually recommend to their successors that they hire or charge a specific staff
member with primary responsibility for procedural matters, since a chair must follow and enforce
parliamentary procedures during sittings of the committee, sometimes with little or no notice of
the parliamentary issue raised. In addition, a chair may need advice on parliamentary rulings and
strategy before, during, and after a committee meeting. Attorneys from the Office of the
Parliamentarian of the House do not attend committee meetings, although they meet with or take
calls from committee members and staff related to committee meetings. Confidential
parliamentary assistance and training for committee and subcommittee chairs, majority and
minority members, and majority and minority staff is also available from CRS.
Outgoing chairs also recommend to their successors that they have a procedural script so that a
chair has ready access to language to initiate or respond to common parliamentary matters, such
as recognition of a committee member to offer an amendment, the reservation of a point of order,
or a request for a recorded vote. The chair and committee staff also attempt to anticipate possible
procedural roadblocks prior to a markup and to prepare responses that will allow the chair and the
majority party to prevail in their legislative objectives. 51
4860
56
For overviews of the markup process, see CRS Report 98-168, House Committee Markup: Preparation, by Judy
Schneider,; and CRS Report RL30244, The Committee Markup Process in the House of Representatives, by Judy
Schneider. For an extensive manual on the markup process, which includes sample scripts, see CRS Report R41083,
House Committee Markups: Manual of Procedures and Procedural Strategies, by Michael L. Koempel and Judy
Schneider.
4957
House Rule XIII, cl. 2(b).
5058
House rules pertaining to committee reports are found generally in House Rule XIII, cl. 2 - cl. clauses 2 - 6. The House rule on
the right of a Member to file supplemental, minority, or additional views appears at Rule XI, cl. 2(l). Additional House
rules pertaining to reports of the Standards of Official ConductEthics Committee are found Rule XI, cl. 3. See also CRS
Report 98-169, House
Committee Reports: Required Contents, by Judy Schneider.
5159
House Rule XI, cl. 2(e)(1)(B) and cl. 2(e)(6), respectively.
60
See CRS Report RS20308, House Committee Markups: Commonly Used Motions and Requests, by Judy Schneider,;
and CRS Report R41083, House Committee Markups: Manual of Procedures and Procedural Strategies, by Michael L.
Koempel and Judy Schneider.
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Subcommittee Authority
A committee chair usually works with other majority-party members of the committee, and on
occasion with minority-party members, to decide what role subcommittees will play in the
committee’s work. Some questions about this role are: Will subcommittees be authorized to mark
up legislation or solely hold hearings? Will the subject matter of legislation influence that
decision? Will the role of subcommittees be uniform for all of a committee’s subcommittees? If
subcommittees mark up legislation, what form will be used to report their work to the full
committee—a letter to the full committee detailing subcommittee action, a formal subcommittee
report, the introduction of legislation reflecting the subcommittee’s action, or some other method?
Will subcommittees be named in committee rules? What role(s) and authority of subcommittees
will be detailed in committee rules, or will the rules be silent on these matters?
As suggested earlier in this report, different committees have differing relationships with their
subcommittees;, and, even within one committee, different subcommittees might have differing
roles. 5261
Procedural Tools for Committee Chairs
Rules and practices of the House vest discretion with a committee chair, but he or she must be
vigilant and well served by committee staff in using this discretion.
Maintaining Order and Decorum
As already indicated, committee chairs are responsible for maintaining order and decorum in
committee proceedings. They also have parliamentary tools at their disposal to allow them to
minimize delaying tactics.5362 In exercising the authority and prerogatives available, a chair seeks
to strike a balance between the responsibility of the majority to govern and the rights of the
minority to be heard. Some key procedures are listed here concerning questions of order that
might arise in a committee session and the authority of the chair to respond to them.
•
The chair has discretion to recognize Members to pose a parliamentary inquiry.
He or she also has authority to decline to entertain an inquiry if, in the chair’s
judgment, the inquiry is not relevant to the pending question.
•
The chair does not need to respond to hypothetical questions raised under the
guise of a parliamentary inquiry. In addition, the chair does not need to respond
to an issue until the issue is raised.
•
A parliamentary inquiry may not be used to ask a question about the substance of
a measure or amendment. The purpose of a parliamentary inquiry is to ask a
parliamentary question.
5261
House Rule XI, cl. 1(a)(1)(B) states: “Each subcommittee is a part of its committee and is subject to the authority and
direction of that committee and to its rules, so far as applicable.”
5362
House rules explicitly provide two privileged motions in committee, related to recessing the committee and
dispensing with the first reading of a measure. House Rule XI, cl. 1(a)(2).
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•
The chair rules on points of order. Debate on a point of order is at the discretion
of the chair. A ruling on a point of order, however, may be appealed and the
appeal may be tabled. 5463
Protecting Committee Jurisdiction
In the early days of a new Congress, when dozens of bills are introduced each day that the House
is in session, committees must pay special attention to referral decisions to ensure that referrals do
not adversely affect their jurisdiction over specific measures or over subject matter generally. By
March 31, 2009, 1,8322011, 1,306 bills, 4253 joint resolutions, 9032 concurrent resolutions, and 311196 simple
resolutions had been introduced in the House. Pursuant to House rules on referral of legislation,
these measures were referred to one or more House committees, with a primary committee
designated for measures referred to more than one committee. 5564 In addition to the normal
complexities involved in determining committees’ jurisdiction over a measure, the creation of a
permanent Homeland Security Committee, which has some overlapping jurisdiction with other
standing committees, has added uncertainties to referral decisions.65
Concerns or disputes, and suggested solutions, such as re-referral or sequential referral, need to
be acted on quickly, potentially with negotiations between committees and by being brought to
the Speaker’s attention since referrals are made on the Speaker’s authority under House rules.5666
Floor Consideration and the Role of thea Chair
When a measure is reported by a committee, it is the responsibility of the committee chair to
consult the party leadership to determine floor scheduling for the measure. 57 There are two
principal routes to the floor: suspension of the rules, and a special rule from the House Rules
Committee.
54
67 There are two
63
Two points of order that tend to arise in legislative committees’ markups relate to House Rule XVI, cl. 7
(germaneness) and Rule X, cl. 1 (committee jurisdiction).
5564
House Rule X, cl. 1 contains the principal statement of committees’ legislative jurisdiction. These jurisdictional
statements are supplemented by precedents, memoranda of understanding, Speaker’s announcements, and other
jurisdictional explanations. Rule XII, cl. 2 is the principal House rule guiding the Speaker in the referral of bills and
resolutions, including to special committees appointed by the Speaker with the approval of the House. Additional
referral authority for the Speaker is contained in Rule XIV, cl. 2. Guidance to the Speaker on the referral of specific
types of measures or matters, such as private bills, is contained in Rule XII, cl. 3, cl. 4, and cl. 6.
The jurisdiction of the Permanent Select Committee on Intelligence appears at Rule X, cl. 11(b). The Rule X, cl. 1
jurisdiction of the Standards of Official ConductEthics Committee is supplemented by Rule XI, cl. 3(a). Additional
explanation of the House
Administration Committee’s jurisdiction over House officers appears in Rule II.
Additional jurisdictional protections exist in House rules for two committees. The Ways and Means Committee’s
jurisdiction is protected by Rule XXI, cl. 5. The Appropriations Committee’s jurisdiction is protected by Rule XXI, cl.
4. The authorization-appropriation division of labor is protected in Rule XXI, cl. 2.
5665
The House has sought to deal with some of these uncertainties with memoranda of understanding, statements in the
Congressional Record, letters inserted in the Congressional Record, and other mechanisms.
66
House Rule XII, cl. 2. See CRS Report 98-175, House Committee Jurisdiction and Referral: Rules and Practice, by
Judy Schneider. Committees also need to monitor the potential filing of a discharge petition on any measures referred
to them or on special rules referred to the Rules Committee but making in order consideration of a bill referred to one
or more legislative committees. House rules pertaining to the discharge process appear at Rule XV, cl. 2, and Rule XIII,
cl. 1(b). See CRS Report 97-552, The Discharge Rule in the House: Principal Features and Uses, by Richard S. Beth.
5767
See CRS Report 98-996, Legislative Procedures and the Legislative Agenda in the House of Representatives, by
Christopher M. Davis (out of print; available from the author),; and CRS Report 95-563, The Legislative Process on the
House Floor: An Introduction, by Christopher M. Davis.
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principal routes to the floor: suspension of the rules, and a special rule from the House Rules
Committee.
If a measure is reported or ordered reported and is fairly noncontroversial, it might qualify to be
considered under suspension of the rules procedure. A committee chair might mention at markup
his or her intention to seek floor consideration by that means. If the measure is deemed
appropriate for suspension consideration, the chair notifies the Speaker of the House and majority
leader of histhe his or her desire for the measure to be considered in that manner since it is within the
Speaker’s discretion to choose legislation to be considered under the suspension procedure.5868
If the measure is more contentious, or does not appear appropriate for suspension consideration, a
special rule can be sought. The committee chair writes a letter to the Rules Committee, often cosigned by the ranking minority member, asking the panel for a hearing on the measure. If, after
consultation with the majority leadership, the Rules Committee holds such a hearing, the
committee chair is traditionally the first witness to testify on behalf of the legislation, perhaps
with the ranking minority member. The chair recommends the type of special rule sought for the
measure’s consideration, and how the special rule should address matters, such as points of order,
that the chair would like the special rule to cover.
In making the motion to suspend the rules and pass a measure, or, following adoption of a special
rule in the House, the chair may take, delegate, or delegate in part the role of majority floor
manager. In this role, the chair
determines which majority-party Members speak on a measure,
and in what order, and which
Members will speak in support of or in opposition to amendments
that are allowed and offered on
the floor.5969 The committee chair is usually responsible for
choosing, for his or her party, which
amendments will receive voice votes and which will require
recorded votes. The chair also takes
a lead in raising or debating parliamentary questions.
Finally, if a and
points of order.
Finally, if a House- and Senate-passed measure is to be reconciled by conference with the Senate,
with a Senate measure, a committee chair works with the
party leadership in selecting conferees from his or her
committee and in determining the overall
number of conferees to, perhaps, accommodate other
committees and individual Members. The
committee chair serves as the chair of the House
delegation or may chair the conference. 6070
Legislative Issues and Agenda
The time before a new Congress convenes and the time immediately afterwards are critical
periods for the development of a committee’s agenda—for the next months, the first session, and
even for the two-year Congress. While some legislation can move quickly through committee,
and perhaps through the two houses of Congress, other legislation can take many months and
perhaps still not have cleared Congress before it adjourns sine die after two years.
A committee might look back to the previous Congress, or previous Congresses, to see what
groundwork has been laid through hearings and other activities, such as Government
Accountability Office (GAO) evaluations requested, on subject matter within the committee’s
jurisdiction. A committee might also look ahead to the current or following Congress when a
major, multi-year program authorization is expiring or when the committee wishes to report
legislation to reform a major federal program. Action in the current Congress can save time and
5871
68
House Rule XV, cl. 1. Two other types of legislation that are likely to be noncontroversial and handled on the floor
in a expeditious manner are privileged on certain days: Rule XV, cl. 4 (District of Columbia legislation), and Rule XV,
cl. 5 (private legislation).
5969
House Rule XVII, cl. 3.
6070
See CRS Report 96-708, Conference Committee and Related Procedures: An Introduction, by Elizabeth Rybicki.
71
The Appropriations Committee, however, works on an annual cycle to produce 12 regular appropriations bills, or
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A committee might look back to the previous Congress, or previous Congresses, to see what
groundwork has been laid through hearings and other activities, such as Government
Accountability Office (GAO) evaluations requested, on subject matter within the committee’s
jurisdiction. A committee might also look ahead to the current or following Congress when a
major, multi-year program authorization is expiring or when the committee wishes to report
legislation to reform a major federal program. Action in the current Congress can save time and
build momentum in the next Congress. Some committees hold retreats, sometimes with outside
speakers, to help them develop their legislative agenda.
State of the Union
The major initiatives of the President and his administration are sometimes first announced in the
annual State of the Union address, which often occurs during the third or fourth week of
January.6172 These initiatives can be new for the President, a reiteration of actions he sought in the
past from Congress, an endorsement of legislative proposals originated by Members of Congress,
a refocus to an existing set of programs, or an expansion or contraction of a set of programs that
the President’s annual budget might subsequently reflect. Many other forms of presidential
initiatives are also possible, such as the issuance of executive orders.
A House committee’s jurisdiction might encompass one or more presidential initiatives, and the
chair and members of the committee must listen to the President’s initiatives both as committee
members and as individual Members representing their district and party. The chair and the
committee’s majority-party members are under no specific obligation to take any action on a
suggestion or request of the President or on legislation subsequently transmitted by the President
or his administration to Congress,73 unless directed by the House or their party to take an action.
Considerations of whether or not to take an action, and what that action might be, could include—
•
whether or not the President and Congress are controlled by the same party, or
whether just one chamber is of the same party as the President,
•
the President’s and his administration’s commitment to an initiative,
•
the chair’s and the committee’s majority-party members’ interests, priorities, and
desires,
•
House leadership and majority-party sentiments,
•
minority-party views,
•
a decision on which chamber of Congress should act first,
•
the role of Congress and necessity for congressional action, such as the
expiration of the authorization of a major federal program,
•
alternatives to congressional action and potential consequences of inaction,
•
other matters competing for a place on the committee’s agenda,
61(...continued)
other appropriations bills covering these 12 bills, as well as supplemental and continuing appropriations bills. See CRS
Report R42388, The Congressional Appropriations Process: An Introduction, by Jessica Tollestrup; CRS Report
RL32473, Omnibus Appropriations Acts: Overview of Recent Practices, by Jessica Tollestrup; and CRS Report
R42647, Continuing Resolutions: Overview of Components and Recent Practices, by Jessica Tollestrup.
72
One practice of the House and Senate is to convene for several days on January 3, or immediately thereafter, of an
odd-numbered year to swear in Members and deal with other organizational business, and then to adjourn until the
week of the President’s State of the Union message or, when there will be a presidential inauguration, until the week in
which January 20 falls. In a presidential inauguration year, thean outgoing President might submit a written State of the
Union message, or he may make a broadcast farewell address to the nation. TheA new President might address Congress
on his legislative program later in the winter. See also CRS Report R40132, The President’s State of the Union
Address: Tradition, Function, and Policy Implications, by Colleen J. Shogan and Thomas H. Neale, and CRS Report
RS20021, The President’s State of the Union Message: Frequently Asked Questions, by Michael Kolakowski and
Thomas H. Neale (out of print; available from the author). Another practice is to convene, organize, and then pass
several pieces of legislation of high priority to the majority party.
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to convene, organize, and then pass several pieces of legislation of high priority to the majority party.
73
As a courtesy, a chair, ranking minority member of the President’s party, a chair and ranking minority member
together, or an individual Member might introduce Administration-proposed legislation “by request.”
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•
House leadership and majority-party sentiments,
•
minority-party views,
•
a decision on which chamber of Congress should act first,
•
the role of Congress and necessity for congressional action, such as the
expiration of the authorization of a major federal program,
•
alternatives to congressional action and potential consequences of inaction,
•
other matters competing for a place on the committee’s agenda,
•
national, regional, local, ideological, and other political perspectives,
•
public opinion,
•
actions anticipated in another committee with related jurisdiction, and
•
actions anticipated in the other chamber.
President’s Budget
By law, the President transmits a budget for the U.S. government after the first Monday in
January but no later than the first Monday in February.6274 In its content, the budget will contain
budget requests, proposed legislative language related to specific requests, and legislative
initiatives that have budget consequences. While the President’s budget is referred to the
Appropriations Committee, less than 40 percent% of new budget authority is within the jurisdiction
of the
committee, and it has no jurisdiction over revenues or debt. Particular budget requests and
legislative initiatives, including changes to entitlement and revenue laws, are within the
jurisdiction of specific legislative committees. Legislative proposals in support of the President’s
budget recommendations might not be submitted until much later, yet implementation of some,
many, or the major initiatives in the President’s budget might depend on congressional passage of
legislation separate from annual appropriations bills. 63
Many of the same considerations a committee might review related to presidential initiatives in
the State of the Union address apply to the committee’s activities related to matters within the
committee’s jurisdiction in the President’s budget. In addition, a committee might want to hold
hearings or undertake other actions to influence the appropriations process if it strongly supports
or disagrees with specific budget requests. Some committees hold budget-themed hearings
immediately or shortly after the President transmits the budget in order to hear from relevant
Cabinet secretaries and agency heads and perhaps others.
6275
74
When a new President is to take office, the outgoing President might submit only a brief budget document, allowing
the new President to submit his own proposals for spending and revenue for the next fiscal year. See CRS Report
RS20752, Submission of the President’s Budget in Transition Years, by Robert KeithMichelle D. Christensen.
A broader treatment of issues of concern to Congress and its agenda during and immediately following presidential
transitions can be found in CRS Report RL34722, Presidential Transitions: Issues Involving Outgoing and Incoming
Administrations, by L. Elaine Halchin.
6375
“Appropriation—(1) Legislative language that permits a federal agency to incur obligations and make payments from
the Treasury for specified purposes, usually during a specified period of time. (2) The specific amount of money made
available by such language.... The House of Representatives claims the exclusive right to originate appropriation
bills—a claim the Senate denies in theory but accepts in practice.”
“Budget Authority—The amount of money that may be spent or obligated by a government agency or for a government
program or activity. Technically, budget authority is statutory authority to enter into obligations that normally result in
outlays. The main forms of budget authority are appropriations, borrowing authority, and contract authority. It also
includes authority to obligate and expend the proceeds of offsetting receipts and collections. Congress may make
budget authority available for only one year, several years, or an indefinite period, and it may specify definite or
indefinite amounts.”
From Congressional Quarterly’s American Congressional Dictionary (Washington, DC: CQ Press, 2001), pp. 12-13
and 24-25; available online to Congress, at http://www.crs.gov/pages/glossary_a.aspx.
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Many of the same considerations a committee might review related to presidential initiatives in
the State of the Union address apply to the committee’s activities related to matters within the
committee’s jurisdiction in the President’s budget. In addition, a committee might want to hold
hearings or undertake other actions to influence the appropriations process if it strongly supports
or disagrees with specific budget requests. Some committees hold budget-themed hearings
immediately or shortly after the President transmits the budget in order to hear from relevant
Cabinet secretaries and agency heads and perhaps others.
Budget Resolutions, Views and Estimates, and Appropriations
Transmittal of the President’s budget has a noticeable, immediate impact on House committees.
Transmittal of the budget begins a season of work taking place simultaneously in the Budget,
Appropriations, and legislative, or authorizing, committees, with parallel activities occurring in
Senate committees. Under the Congressional Budget Act, Congress is expected to complete
bicameral agreement on a concurrent resolution on the budget by April 15, although it does not
usually do so. Also under the Budget Act, the House Appropriations Committee is expected to
report all the annual appropriations bills by June 10, although it does not usually do so.6476
To prepare a concurrent resolution on the budget, the House Budget Committee holds hearings,
which include appearances by the President’s economic team of Cabinet and Cabinet-rank
officials, and receives analyses from the Congressional Budget Office (CBO), 6577 among other
inputs. A critical part of the committee’s information gathering is its receipt of “views and
estimates reports” from each of the other House committees. Under the Congressional Budget Act
and House rules, House committees report their views and estimates to the Budget Committee no
later than six weeks after the President transmits his budget, which would be no later than March
15 if the President transmits the budget on February 1.6678
A House committee might hold a meeting at which it considers its proposed views and estimates
report, or might consider the proposed report in the course of a meeting having several agenda
items. Committee chairs usually take the lead in deciding the approach to drafting the report and
the drafting itself. Not all committees necessarily hold a meeting on their proposed views and
estimates reports.6779 A committee’s views and estimates report might take the form of a letter to the
Budget Committee’s chair and ranking minority member, the form of a detailed report, or another
form. Sometimes majority and minority members of a committee submit separate views and
estimates, and sometimes individual members of a committee submit additional or other views to
supplement their committee’s report.
A report typically includes comments on the President’s budget proposals, and estimates of the
budgetary impact of any legislation likely to be considered by a committee during the current
session of Congress. A report might contain specific comments on direct spending within a
committee’s jurisdiction and could also discuss the committee’s authorizations that require
funding in annual appropriations measures. A views and estimates report might also comment on
structural and procedural aspects of the budget that affect a committee’s jurisdiction. The Ways
and Means Committee’s views and estimates report discusses revenues and revenue and debt
legislation.
6476
For a substantive overview of the congressional budget process and its relationship to the executive budget process,
see CRS Report 98-721, Introduction to the Federal Budget Process, coordinated by Bill Heniff Jrby Robert Keith. See also CRS
Report RL30297,
Congressional Budget Resolutions: Historical Information, by Bill Heniff Jr. and Justin Murray.
6577
Regarding the importance of CBO’s baseline budget projections for the Budget Committee and other House
committees, see CRS Report 98-560, Baselines and Scorekeeping in the Federal Budget Process, by Bill Heniff Jr.
6678
House Rule X, cl. 4(f)(1). A CBO report integral to both the Budget Committees in their preparation of a budget
resolution and to legislative committees in their preparation of their views and estimates is The Budget and Economic
Outlook. See, for example, The Budget and Economic Outlook: Fiscal Years 2010 to 2020, available at http://cbo.gov/
ftpdocs/108xx/doc10871/BudgetOutlook2010_Jan.cfm.
6779
House Rule X, cl. 4(f)(2) directs the Ways and Means Committee to include specific recommendations on the
appropriate level of public debt in its views and estimates report. The recommendations, however, are to be “made after
holding public hearings.”
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A report typically includes comments on the President’s budget proposals, and estimates of the
budgetary impact of any legislation likely to be considered by a committee during the current
session of Congress. A report might contain specific comments on direct spending within a
committee’s jurisdiction and could also discuss the committee’s authorizations that require
funding in annual appropriations measures. A views and estimates report might also comment on
structural and procedural aspects of the budget that affect a committee’s jurisdiction. The Ways
and Means Committee’s views and estimates report discusses revenues and revenue and debt
legislation.
Because of the amount of work it takes for the House Appropriations Committee to consider and
draft the House’s annual appropriations bills, the appropriations subcommittees usually begin
their hearings quickly once the President transmits the budget. Over the course of several months,
each subcommittee will likely hear from relevant Cabinet officials and other agency heads;
numerous executive officials who can speak to specific programs and activities; Members of
Congress; and public witnesses, that is, not federal government officials or employees.
The concurrent resolution on the budget establishes total spending levels. , among other provisions.
The joint explanatory
statement accompanying the conference report on the budget resolution
contains the allocation of
spending among each chamber’s committees, including the House
Appropriations Committee.
The Appropriations Committee subdivides its allocation among its
subcommittees. 6880 If a budget
resolution has not been finally agreed to by the House and Senate,
the House maymight adopt a
“deeming resolution,” minimally making a spending allocation to the Appropriations
Committee. 69
Appropriations Committee.81 In the absence of a budget resolution, the Appropriations
Committee may begin
reporting annual appropriations bills after May 15.7082
A budget resolution agreed to by both chambers might also contain reconciliation instructions,
which are provisions directing specified committees to report legislation within their jurisdiction
that changes revenues or spending, or both, by certain amounts, usually by a specified deadline. If
the budget resolution agreed to by the House and Senate contains reconciliation instructions, the
instructions are an order of the parent chamber to named committees to comply. In such a case,
the named committees must put reconciliation on their agendas.7183
Expiring Authorizations
In establishing federal programs and agencies, Congress often provides an authorization for a
fixed period of time. 7284 A program, for example, might have a one-year authorization, requiring
passage of legislation each year to continue the program, or it might have a multi-year
authorization of two, three, or more years, requiring the passage of legislation only before the end
of the specific number of years to continue the program.73 Congress also sometimes passes
68
80
See CRS Report 98-512, Formulation and Content of the Budget Resolution, by Bill Heniff Jr.,; and CRS Report
RS20144, Allocations and Subdivisions in the Congressional Budget Process, by Bill Heniff Jr.
6981
See CRS Report RL31443, The “Deeming Resolution”: A Budget Enforcement Tool, by Megan Suzanne Lynch.
70
For a substantive overview of the appropriations process, see82
See CRS Report 97-684R42388, The Congressional Appropriations
Process: An Introduction, by Sandy Streeter.
71Jessica Tollestrup.
83
See CRS Report 98-814, Budget Reconciliation Legislation: Development and Consideration, by Bill Heniff Jr.,; and
CRS Report R41151, Budget Reconciliation Process: Timing of Committee Responses to Reconciliation Directives, by
Megan Suzanne Lynch.
72 For an explanation of changes to the budget process made in the House rules package for the
112th Congress, see CRS Report R41926, House Rules Changes Affecting the Congressional Budget Process Made at
the Beginning of the 112th Congress, by Bill Heniff Jr.
84
“Authorization—(1) A statutory provision that establishes or continues a federal agency, activity, or program for a
fixed or indefinite period of time. It also may establish policies and restrictions and deal with organizational and
administrative matters. (2) A statutory provision, as described in (1), may also, explicitly or implicitly, authorize
congressional action to provide appropriations for an agency, activity, or program. The appropriations may be
authorized for one year, several years, or an indefinite period of time, and the authorization may be for a specific
amount of money or an indefinite amount (‘such sums as may be necessary’). Authorizations of specific amounts are
construed as ceilings on the amounts that subsequently may be appropriated in an appropriation bill, but not as
minimums; either house may appropriate lesser amounts or nothing at all.”
From Congressional Quarterly’s American Congressional Dictionary (Washington, DC: CQ Press, 2001), p. 15;
available online to Congress, at http://www.crs.gov/pages/glossary_a.aspx.
73
CBO is required each January to issue reports on expiring authorizations and unauthorized appropriations. See, for
example, CBO Report, Unauthorized Appropriations and Expiring Authorizations (Washington, DC: CBO, January
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passage of legislation each year to continue the program, or it might have a multi-year
authorization of two, three, or more years, requiring the passage of legislation only before the end
of the specific number of years to continue the program.85 Congress also sometimes passes
legislation temporarily continuing a program for six months, a year, or some other period in order
to give itself additional time to complete passage of new multi-year authorization legislation.
These fixed-year and short-term authorizations can apply to spending programs, tax provisions,
grants of legal authority, or other matters.7486
Legislation to “reauthorize” existing programs and agencies, and legislation authorizing new
programs and agencies, might also have failed to clear the previous two-year Congress, and
remain as potential agenda items in the current Congress.
Ushering through Congress legislation to reauthorize programs and agencies is some of the most
consequential work that legislative committees undertake each Congress. Committees may
consider authorization legislation because existing authority is about to expire, new authority is
needed to deal with new or newly identified issues, or for other reasons. New authorizations and
major reauthorizations can consume a large amount of committees’ time and effort during one or
more sessions of Congress. Reauthorizations that are arguably noncontroversial, such as for some
small business programs, are nonetheless important legislative products that committees must
support with their time and effort to see them enacted into law.
Many provisions of the revenue code and the major entitlement programs continue in effect
indefinitely. To make changes in these kinds of laws, Congress must enact new law.87 However,
some provisions of these kinds of laws are temporary, and Congress needs to enact new law to
continue temporary provisions in effect.75
Each committee tries to anticipate and plan its work related to expiring authorizations. Among the
possible consequences that a committee might consider for inaction, in addition to the possible
lapse of the program or agency, are the decline of congressional control over policy; ceding of
(...continued)
2010), available at http://cbo.gov/ftpdocs/108xx/doc10882/01-19-UAEA_Approps.pdf.
7488
(...continued)
authorized for one year, several years, or an indefinite period of time, and the authorization may be for a specific
amount of money or an indefinite amount (‘such sums as may be necessary’). Authorizations of specific amounts are
construed as ceilings on the amounts that subsequently may be appropriated in an appropriation bill, but not as
minimums; either house may appropriate lesser amounts or nothing at all.”
From Congressional Quarterly’s American Congressional Dictionary (Washington, DC: CQ Press, 2001), p. 15;
available online to Congress, at http://www.crs.gov/pages/glossary_a.aspx.
85
CBO is required each January to issue reports on expiring authorizations and unauthorized appropriations. See, for
example, CBO Report, Unauthorized Appropriations and Expiring Authorizations (Washington, DC: CBO, January 31,
2012), available at http://cbo.gov/publication/42858.
86
Through the appropriations process, Congress may also continue programs and agencies that rely on appropriations.
“The separation between the two steps of the authorization-appropriations process is enforced through points of order
provided by rules of the House and Senate. First, the rules prohibit appropriations for unauthorized agencies and
programs; an appropriation in excess of an authorized amount is considered an unauthorized appropriation. Second, the
rules prohibit the inclusion of legislative language in appropriations measures. Third, the House, but not the Senate,
prohibits appropriations in authorizing legislation. While the rules encourage the integrity of the process, a point of
order must be raised to enforce the rules. Also, the rules may be waived by suspension of the rules, by unanimous
consent, or, in the House, by a ‘special rule.’ If unauthorized appropriations are enacted into law through circumvention
of House and Senate rules, in most cases the agency may spend the entire amount.”
From CRS Report RS20371, Overview of the Authorization-Appropriations Process, by Bill Heniff Jr.
7587
For an explanation of “cut-as-you-go” affecting mandatory spending and other budget process changes in the 112th
Congress, see CRS Report R41926, House Rules Changes Affecting the Congressional Budget Process Made at the
Beginning of the 112th Congress, by Bill Heniff Jr.
88
“Revenue—Funds collected from the public primarily as a result of the federal government’s exercise of its
sovereign powers. These include individual and corporate income taxes, excise taxes, duties, and mandatory social
insurance receipts (such as Social Security and Medicare premiums).”
“Entitlement Program—A federal program under which individuals, businesses, or units of government that meet the
requirements or qualifications established by law are entitled to receive certain payments if they seek such payments.
Major examples include Social Security, Medicare, Medicaid, unemployment insurance, and military and federal
civilian pensions. Some entitlements are funded by permanent appropriations, others by annual appropriations....
Congress cannot control the expenditures for entitlement programs by refusing to appropriate the sums necessary to
fund them, because the government is legally obligated to pay eligible recipients the amounts to which the law entitles
them.... Under many entitlement programs, spending automatically increases or decreases over time as the number of
recipients eligible for benefits varies. Some entitlement benefits are indexed for inflation.... ”
From Congressional Quarterly’s American Congressional Dictionary (Washington, DC: CQ Press, 2001), pp. 219 and
90-91; available online to Congress, at http://www.crs.gov/pages/glossary_a.aspx..
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Each committee tries to anticipate and plan its work related to expiring authorizations. Among the
possible consequences that a committee might consider for inaction, in addition to the possible
lapse of the program or agency, are the decline of congressional control over policy; ceding of
policy influence, where appropriations are necessary, to the Appropriations Committee from a
legislative committee; loss of jurisdiction by a committee; and loss of influence by and support
for a committee within the House.
Committee Legislative Priorities
While the President and the executive departments and agencies are often sources of important or
high-profile legislation, committee chairs and committee members, especially majority-party
members, establish a committee’s legislative priorities. It is their interests, sense of national
needs, political judgments, and hard work that focus a committee’s limited time on a legislative
agenda.7689
In the time before a new Congress convenes and in the time immediately afterwards, a committee
chair, his or her closest allies, and the chair’s party have the most flexibility in determining the
key legislative issues that the committee will address in the two-year time frame of a Congress.
To wait to identify key legislative issues until later in the first session allows greater opportunity
for other individuals and events to determine a committee’s agenda. To go forward without
knowledge of key legislative issues risks having exigencies and events determine the agenda and
having committee resources misallocated by looming deadlines or to lower-priority matters.
Oversight and Investigations
One of the ways in which congressional committees gather information for possible future
lawmaking, inform committee members communally on a topic, and influence the
implementation of laws already enacted by Congress is through the conduct of oversight—
“continuous watchfulness” in the words of the Legislative Reorganization Act of 194677194690—and
especially the convening of oversight hearings. The rules of the House assign committees
responsibility for determining, based on oversight, whether laws within their respective
jurisdictions should be changed or if additional laws are necessary.78
76
See CRS Report RS20991, Legislative Planning: Considerations for Congressional Staff, by Judy Schneider.
60 Stat. 812, 832.
78
House Rule X, cl. 2. For a substantive overview of procedures and resources for committees’ conduct of oversight,
see CRS Report RL30240, Congressional Oversight Manual, by Frederick M. Kaiser et al. In this report, the authors
list some of the purposes of oversight of the executive: ensure executive compliance with legislative intent; improve the
efficiency, effectiveness, and economy of government operations; evaluate program performance; prevent executive
encroachment on legislative prerogatives and powers; investigate alleged instances of poor administration, arbitrary and
capricious behavior, abuse, waste, dishonesty, and fraud; assess agency or officials’ ability to manage and carry out
program objectives; review and determine federal financial priorities; ensure that executive policies reflect the public
interest; protect individual rights and liberties; and other specific purposes, such as monitoring the use of contractors
and consultants for government services, and investigating constituent complaints.
In addition to general oversight responsibilities, “special oversight functions” are assigned to the Appropriations,
Armed Services, Budget, Education and Labor, Energy and Commerce, Foreign Affairs, Homeland Security, Natural
Resources, Oversight and Government Reform, Rules, Science and Technology, Small Business, and Permanent Select
Intelligence Committees. Rule X, cl. 3. Additional oversight authority is found at Rule XI, cl. 1(b).
The Appropriations, Budget, Oversight and Government Reform, and House Administration Committees are assigned
“additional functions” by House rules. Rule X, cl. 4(a), (b), (c), and (d), respectively. Each standing committee is
assigned responsibilities, in conjunction with its consideration of legislation, for reviewing appropriations made for
federal programs and activities. Rule X, cl. 4(e). Each standing committee is also assigned responsibility for reviewing
tax policies affecting subjects within their jurisdiction. Rule X, cl. 2(c).
(continued...)
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“Entitlement Program—A federal program under which individuals, businesses, or units of government that meet the
requirements or qualifications established by law are entitled to receive certain payments if they seek such payments.
Major examples include Social Security, Medicare, Medicaid, unemployment insurance, and military and federal
civilian pensions. Some entitlements are funded by permanent appropriations, others by annual appropriations....
Congress cannot control the expenditures for entitlement programs by refusing to appropriate the sums necessary to
fund them, because the government is legally obligated to pay eligible recipients the amounts to which the law entitles
them.... Under many entitlement programs, spending automatically increases or decreases over time as the number of
recipients eligible for benefits varies. Some entitlement benefits are indexed for inflation.... ”
From Congressional Quarterly’s American Congressional Dictionary (Washington, DC: CQ Press, 2001), pp. 219 and
90-91; available online to Congress, at http://www.crs.gov/pages/glossary_a.aspx.
89
See CRS Report RS20991, Legislative Planning: Considerations for Congressional Staff, by Judy Schneider.
90
60 Stat. 812, 832.
91
House Rule X, cl. 2. For a substantive overview of procedures and resources for committees’ conduct of oversight,
see CRS Report RL30240, Congressional Oversight Manual, by Todd Garvey et al. In this report, the authors list some
of the purposes of oversight of the executive: ensure executive compliance with legislative intent; improve the
(continued...)
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House Committee Chairs: Considerations, Decisions, and Actions as One Congress Ends
Among the requirements for committees’ reports’ contents under House rules, reports on
measures are to include oversight findings and recommendations.7992
House rules require each committee to hold an open meeting, with a quorum present, to adopt an
oversight plan for a two-year Congress by February 15 of the first session of a Congress, and to
submit the plan to the Oversight and Government Reform Committee and the House
Administration Committee. 8093 Committees are also directed in House rules to establish oversight
subcommittees or to assign to subcommittees responsibility for oversight.8194
Preparation of an oversight plan requires immediate attention to accurately reflect a committee’s
oversight priorities. The plan, however, is not a straitjacket in limiting oversight to subjects listed
in the plan or requiring oversight action on every subject listed. Committees have tended to
include a broader set of oversight subjects in their plans than it is likely they can cover in a twoyear Congress. However, preparation of the plan is a key opportunity for the chair, subcommittee
chairs, and other committee members to determine what oversight they consider critically
important, particularly as it relates to the committee’s legislative priorities.
With an identification of critical oversight subjects, a committee can make assignments to and
establish schedules for committee staff, agency and program staff, GAO, and other entities that
support the committee in its oversight function.82
In addition, Congress has created entities, such as GAO, the inspectors general, and CRS, that are
specifically directed to inform Congress through written reports and oral communications.
Congress has also placed reporting requirements in numerous statutes, providing Congress with
an enormous flow of information from the executive branch. These and other resources’
intellectual capital—analysts, attorneys, other specialists, written reports, and consultative
services—provide a committee with a “running start” in establishing oversight priorities and
informing the committee about issues affecting agencies and programs within the committee’s
jurisdiction.83
Congressional oversight can be viewed as a continuum of activities that in its most potent
expression is the investigative power of Congress. Congressional investigations might include the
(...continued)
The Permanent Select Committee on Intelligence is assigned certain duties under Rule X, cl. 11. The duties of the
Standards of Official Conduct Committee are detailed in Rule XI, cl. 3.
The Speaker may also appoint ad hoc oversight committees with House approval. Rule X, cl. 2(e).
79
House Rule XIII, cl. 3(c)(1).
8095
(...continued)
efficiency, effectiveness, and economy of government operations; evaluate program performance; prevent executive
encroachment on legislative prerogatives and powers; investigate alleged instances of poor administration, arbitrary and
capricious behavior, abuse, waste, dishonesty, and fraud; assess agency or officials’ ability to manage and carry out
program objectives; review and determine federal financial priorities; ensure that executive policies reflect the public
interest; protect individual rights and liberties; and other specific purposes, such as monitoring the use of contractors
and consultants for government services, and investigating constituent complaints.
In addition to general oversight responsibilities, “special oversight functions” are assigned to the Appropriations,
Armed Services, Budget, Education and the Workforce, Energy and Commerce, Foreign Affairs, Homeland Security,
Natural Resources, Oversight and Government Reform, Rules, Science, Space, and Technology, Small Business, and
Permanent Select Intelligence Committees. Rule X, cl. 3. Additional oversight authority is found at Rule XI, cl. 1(b).
The Appropriations, Budget, Oversight and Government Reform, and House Administration Committees are assigned
“additional functions” by House rules. Rule X, cl. 4(a), (b), (c), and (d), respectively. Each standing committee is
assigned responsibilities, in conjunction with its consideration of legislation, for reviewing appropriations made for
federal programs and activities. Rule X, cl. 4(e). Each standing committee is also assigned responsibility for reviewing
tax policies affecting subjects within their jurisdiction. Rule X, cl. 2(c).
The Permanent Select Committee on Intelligence is assigned certain duties under Rule X, cl. 11. The duties of the
Ethics Committee are detailed in Rule XI, cl. 3.
The Speaker may also appoint ad hoc oversight committees with House approval. Rule X, cl. 2(e).
92
House Rule XIII, cl. 3(c)(1).
93
House Rule X, cl. 2(d)(1). Rule X, cl. 2(d)(2) directs the Oversight and Government Reform Committee to consult
chamber leaders and report the committees’ oversight plans and the Oversight and Government Reform Committee’s
recommendations to the House.
8194
House Rule X, cl. 2(b)(2).
8295
In addition to publishing CRS Report RL30240,the Congressional Oversight Manual, the Congressional Research
Service organized a
three-day program, Congressional Oversight: A “How-To” Series of Workshops, on June 28, July
12, and July 26,
1999. Videotapes of all the workshop sessions are available from the authors of this report.
an author of the Oversight Manual, Walter Oleszek,
CRS Senior Specialist in American National Government. Proceedings were published as a committee print: U.S.
Congress, House Committee on Rules, Congressional
Oversight: A “How-To” Series of Workshops, committee print,
106th Cong., 1st sess., (Washington, DC: GPO, 2000).
83
See also CRS Report RL33151, Committee Controls of Agency Decisions, by Louis Fisher, and CRS Report
RS22132, Legislative Vetoes After Chadha, by Louis Fisher.
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House Committee Chairs: Considerations, Decisions, and Actions as One Congress Ends
use of subpoenas;84
Congressional Research Service
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House Committee Chairs: Considerations, Decisions, and Actions as One Congress Ends
In addition, Congress has created entities, such as GAO, the inspectors general, and CRS, that are
specifically directed to inform Congress through written reports and oral communications.
Congress has also placed reporting requirements in numerous statutes, providing Congress with
an enormous flow of information from the executive branch. These and other resources’
intellectual capital—analysts, attorneys, economists, other specialists, written reports, and
consultative services—provide a committee with a “running start” in establishing oversight
priorities and informing the committee about issues affecting agencies and programs within the
committee’s jurisdiction.96
Congressional oversight can be viewed as a continuum of activities that in its most potent
expression is the investigative power of Congress. Congressional investigations might include the
use of subpoenas;97 discussions with witnesses’ attorneys; witnesses invoking constitutional
privileges in order not to testify; 8598 the invoking of executive privilege;8699 and the threat of citation,
or citation, by the House of a witness for contempt. Early and careful planning, consistent
application of committee resources, highly capable committee staff, and perseverance are some
attributes associated with successful congressional committee investigations.87100
Approving/Disapproving Executive Proposals
Congress has passed a number of laws that provide mechanisms for approving or disapproving
executive proposals. These laws sometimes address specific legislation and sometimes address a
class of proposal. For example, the President had trade negotiating authority under the Trade Act
of 2002 until June 30, 2007 (P.L. 107-210). Using this authority, the President negotiated certain
trade agreements to be considered in Congress under expedited congressional procedures
established in trade laws. Other laws, such as the Congressional Review Act (P.L. 104-121,
subtitle E), contain a procedural mechanism for Congress to review and disapprove proposed
federal agency rules.88
As a committee contemplates its agenda, it seeks to be aware of pending and potential executive
proposals that might be within the committee’s jurisdiction and subject to congressional approval
or disapproval.
Author Contact Information
Judy Schneider
Specialist on the Congress
jschneider@crs.loc.gov, 7-8664
Michael L. Koempel
Senior Specialist in American National Government
mkoempel@crs.loc.gov, 7-0165
84
101
96
See also CRS Report RL33151, Committee Controls of Agency Decisions, by Louis Fisher; and CRS Report
RS22132, Legislative Vetoes After Chadha, by Louis Fisher.
97
Authority for committees to issue subpoenas and swear in witnesses is contained in House Rule XI, cl. 2(m). On two
related procedural matters, privilege accorded to resolutions of inquiry is contained in Rule XIII, cl. 7, and the process
for questions of privilege is contained in Rule IX.
8598
See CRS Report RL34114, Congress’s Contempt Power and the Enforcement of Congressional Subpoenas: A
: A Sketch, by Todd B. Tatelman,Garvey and Alissa M. Dolan; and CRS Report RL34097,
Congress’s Contempt Power and the
Enforcement of Congressional Subpoenas: Law, History, Practice, and Procedure, by Todd B. Tatelman.
86Garvey and Alissa M.
Dolan.
99
See CRS Report RL30319R42670, Presidential Claims of Executive Privilege: History, Law, Practice, and Recent
Developments, by Todd B. Tatelman.
87Garvey and Alissa M. Dolan.
100
The Congressional Research Service organized a day-long conference on oversight and investigations on October
28,
2004. Videotapes of all the workshop sessions are available from the authors of this reportWalter Oleszek, CRS Senior Specialist in
American National Government: (1) Oversight: A Key
Constitutional Function; (2) Planning Investigative Hearings:
Strategic Considerations; (3) The Rules and Tools of
Oversight; (4) The Role of GAO and the Inspector General in Oversigh.
Oversight; and (5) Congress Oversees the Intelligence
Community.
88101
For the text of public laws containing privileged procedures for congressional disapproval of executive actions, see
legislative procedures enacted in law, see House Manual, pp. 1097-1266. See 1107-1273. See
also CRS Report RL30599, Expedited Procedures in the House: Variations
Enacted Into Law, by Christopher M. Davis,
Davis; and CRS Report RL31160, Disapproval of Regulations by Congress:
Procedure Under the Congressional
Review Act, by Richard S. Beth.
Congressional Research Service
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House Committee Chairs: Considerations, Decisions, and Actions as One Congress Ends
As a committee contemplates its agenda, it seeks to be aware of pending and potential executive
proposals that might be within the committee’s jurisdiction and subject to congressional approval
or disapproval.
Author Contact Information
Judy Schneider
Specialist on the Congress
jschneider@crs.loc.gov, 7-8664
Michael L. Koempel
Senior Specialist in American National Government
mkoempel@crs.loc.gov, 7-0165
Congressional Research Service
24