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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 29, 2014
Congressional Research Service
7-5700
www.crs.gov
RL34679
CRS Report for Congress
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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 postelection 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, whereas other actions are taken in
anticipation of the new Congress and then in the new Congress. Decisions may be related to the
committee’s policy calendar; the committee’s administrative functions; the chair’s responsibilities
during committee sessions; the role of committee members; the relationship with the committee’s
ranking minority member, other chairs, and party leaders; subcommittee leaders; or other
subjects. 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 both the Congressional Record and electronic form not later than 30 days after the
committee chair is elected. A chair normally proposes adopting, with amendments he or she
offers, the rules under which the committee operated in the previous Congress. The chair also
proposes the number of subcommittees for the committee.
A committee chair establishes the committee agenda; calls hearings; selects witnesses and
determines the order of their testimony; presides over hearings and markups; chooses any 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 after
the 114th Congress convenes if House rules or practices affecting chair decisions and actions
discussed here change substantively.
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Contents
Introduction ...................................................................................................................................... 1
Transition (Early Organization to Swearing-In) .............................................................................. 2
Selection of Chairs and Committee Members ........................................................................... 2
End-of-a-Congress Activities .................................................................................................... 4
Activities Report ................................................................................................................. 4
Committee Calendar ............................................................................................................ 4
Committee Records ............................................................................................................. 4
Administrative Matters .................................................................................................................... 5
Committee Budget (Expense Resolution) ................................................................................. 5
Staff and Space Allocations ....................................................................................................... 6
Travel ......................................................................................................................................... 8
Website ...................................................................................................................................... 8
Committee Organization .................................................................................................................. 8
Subcommittee Structure ............................................................................................................ 8
Vice Chair .................................................................................................................................. 9
Committee Rules ....................................................................................................................... 9
Administrative Matters in Support of Committee Work ......................................................... 10
Committee Procedure and the Role of a Chair .............................................................................. 11
Hearings ................................................................................................................................... 11
Markups and Reporting ........................................................................................................... 12
Subcommittee Authority .......................................................................................................... 13
Procedural Tools for Committee Chairs......................................................................................... 14
Maintaining Order and Decorum ............................................................................................. 14
Protecting Committee Jurisdiction .......................................................................................... 14
Floor Consideration and the Role of a Chair ................................................................................. 15
Legislative Issues and Agenda ....................................................................................................... 16
State of the Union .................................................................................................................... 16
President’s Budget ................................................................................................................... 18
Budget Resolutions, Views and Estimates, and Appropriations .............................................. 18
Expiring Authorizations ........................................................................................................... 20
Committee Legislative Priorities ............................................................................................. 22
Oversight and Investigations ................................................................................................... 22
Approving or Disapproving Executive Proposals ................................................................... 24
Contacts
Author Contact Information........................................................................................................... 25
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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 committee members and the House. A chair also has
responsibility for overseeing a large professional and paraprofessional staff. Although 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 postelection transition period, the chair, often in
consultation with others, makes a series of decisions and takes a series of actions. Decisions may
be related to the committee’s policy calendar; the committee’s administrative functions; the
chair’s responsibilities during committee sessions; the role of committee members; the
relationship with the committee’s ranking minority member, other chairs, and party leaders;
subcommittee leaders; or other subjects.
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 work
period in March or April. The report is divided into the following sections: Transition,
Administrative Matters, Committee Organization, Committee Procedure and the Role of a Chair,
Procedural Tools for Committee Chairs, Floor Consideration and the Role of a Chair, and
Legislative Issues and Agenda. Each section is divided into more specific topics. Actions with an
identifiable deadline appear in italic.
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 Thirteenth 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 set of reports on the legislative process and congressional procedures,
including the budget process and budget procedures, that is wide ranging in format, coverage, and
subject matter.3 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
1 U.S. Congress, House, Constitution, Jefferson’s Manual, and Rules of the House of Representatives of the United
States, One Hundred Thirteenth Congress, prepared by Thomas J. Wickham, Parliamentarian, 112th Cong., 2nd sess.,
H.Doc. 112-161 (Washington, DC: GPO, 2013). Hereinafter House Manual.
2 Wm. Holmes Brown, Charles W. Johnson, and John V. Sullivan, House Practice: A Guide to the Rules, Precedents,
and Procedures of the House (Washington: GPO, 2011). The authors are former Parliamentarians of the House. See
also CRS Report RL30787, Parliamentary Reference Sources: House of Representatives, by Richard S. Beth and
Megan S. Lynch.
3 Many reports appear in the Congressional Operations part of the CRS website at http://www.crs.gov/Analysis/
CongOps.aspx. Additional CRS reports on the legislative and budget processes and on Congress or the legislative
branch may be found by conducting a search for one or more terms.
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Congress also provide confidential parliamentary assistance and training for committee and
subcommittee chairs, majority and minority committee members, and majority and minority staff.
CRS policy specialists and analysts may assist committees, Members, and staff confidentially in
framing policy issues, developing legislative options, planning hearings, 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 routinely meets for so-called early organization in November, just a week or so after
the election, with organizational activities continuing into December and even into January or
later.4 The November meetings typically occur simultaneously with the orientation activities
planned for Members-elect and might overlap with a so-called lame-duck session.5
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. Party rules govern each party’s
process for selecting committee members and designating committee and subcommittee chairs or
ranking minority members. If one or more committee chairmanship are contested or open,6 the
majority party’s steering committee may conduct interviews during early organization meetings.7
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.8 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 his or her party’s leader, is also the appointing official for certain chairs.9
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
4 House Manual, § 1126, pp. 1023-1026. See CRS Report RS21339, Congress’s Early Organization Meetings, by Judy
Schneider.
5 For an extensive examination of the occurrence, duration, and actions of lame-duck sessions, see CRS Report
RL33677, Lame Duck Sessions of Congress, 1935-2012 (74th-112th Congresses), by Richard S. Beth and Jessica
Tollestrup.
6 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 standing committee or the same subcommittee. Party rules may also
affect chairs’ service.
7 See CRS Report RS21165, House Standing Committee Chairs and Ranking Minority Members: Rules Governing
Selection Procedures, by Judy Schneider.
8 A House rule limits Members to service on two standing committees and four subcommittees of standing committees,
although this rule may be tacitly waived in House agreement to the parties’ 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 CRS Report 98-
151, House Committees: Categories and Rules for Committee Assignments, by Judy Schneider.
9 In addition, the Speaker appoints Members to select, joint, and conference committees “ordered by the House.” House
Rule I, cl. 11.
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chairmanship selection process during this transition period. The official election of chairs and
Members to committees occurs after the new Congress convenes, with the adoption of two or
more House resolutions making committee assignments recommended by the party caucuses.
These 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.10
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 with a prospective chair.
Applicants might also consult the Speaker who, as party leader, has influence with committee
chairs over the selection of some subcommittee chairs. In the selection process for some
subcommittee chairs, including those of Appropriations Committee subcommittees, the party
leader may be directly involved.11
The Democratic Caucus and Republican Conference also discuss, and might amend and adopt,
their internal (party) rules during the postelection transition period. Committee chairs monitor
developments in their party’s organization that impact their committee’s structure and operations.
In addition, chairs might offer their own amendments to party rules to protect their panels’
interests.
During the transition period, the House Rules Committee also undertakes consideration of
possible modifications to the rules of the House for the new Congress. If the House is meeting in
a lame-duck session, the Rules Committee might hold hearings on potential House rules
changes.12 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 because any changes to committee assignments (including term limits and
assignment limits), committee jurisdictions, committee procedures, numbers of subcommittees,
and other rules and standing orders can have a direct effect on certain, many, or all committees.13
On the day it convenes,14 the new House agrees to a simple resolution, oftentimes numbered
H.Res. 5, that adopts chamber rules for the duration of the new Congress.15 The resolution
10 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).
11 See CRS Report 98-610, House Subcommittees: Assignment Process, by Judy Schneider.
12 One or more hearings may also have been held earlier to gather Members’ proposals for rules changes in the
upcoming Congress, as was done in 2014. See U.S. House of Representatives, Committee on Rules, “Rules Committee
Holds Members’ Day Hearing,” press release, September 17, 2014, at http://rules.house.gov/press-release/rules-
committee-holds-members-day-hearing. The press release links to the video of the hearing.
13 The Democratic Caucus and Republican Conference traditionally send letters to their respective Members in the fall
before an election to solicit suggestions for House and party rules changes. The Rules Committee has also often sent 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.
14 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. For example, the 111th Congress approved legislation signed by the President
(continued...)
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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 resolution.16
(See also the “Legislative Issues and Agenda” section related to committees’ planning that may
occur during the postelection transition for legislative and oversight activities.)
End-of-a-Congress Activities
As a two-year Congress ends, House rules and practice require committees to publish certain
documents and prepare records for the National Archives. These activities are usually brought to
a conclusion during the postelection transition period.
Activities Report
Under House rules, each committee must submit an activities report to the House by January 2.17
This report is the second 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.
Specific requirements exist regarding 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, many committees do.
The Appropriations, House Administration, and Ethics Committees have traditionally not
published a calendar. 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 might 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.18 At the end of a Congress, each committee is required to
(...continued)
establishing the convening date of the 112th Congress as January 5, 2011. P.L. 111-289. The 113th Congress convened
January 3, 2013.
15 In the 110th Congress and some recent but earlier Congresses, the rules resolution was numbered H.Res. 6.
16 See CRS Report R42395, A Retrospective of House Rules Changes Since the 110th Congress, by Michael L. Koempel
and Judy Schneider; and CRS Report RL33610, A Retrospective of House Rules Changes Since the 104th Congress
through the 109th Congress, by Michael L. Koempel and Judy Schneider.
17 House Rule XI, cl. 1(d).
18 House Rule XI, cl. 2(e)(2).
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transfer its noncurrent records to the clerk of the House for transfer to the National Archives.19
Together, these two rules also establish standards for public availability of records, under certain
circumstances allowing committees to determine restrictions on availability.20
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
allocations, decides the content of the committee website, and assumes responsibility 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 this responsibility 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. A
committee’s budget shows staff salary requirements21 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 committee members may propose
changes to the draft before a vote on approval. Following a committee’s approval, the committee
chair typically introduces 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 typically invited to testify before the House Administration Committee in support of their
committee’s budget request.22
19 House Rule VII.
20 Additional guidance appears in the Committee Handbook. 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, including
personnel, nonpersonnel disbursements, and foreign and domestic travel.
21 Personnel overhead costs, such as contributions for retirement, health insurance, and life insurance, are not
specifically charged to committee budgets.
22 In the 113th Congress, as in several preceding Congresses, the committee funding resolution carried authority for the
Committee on House Administration to require chairs and ranking minority members to testify mid-Congress on their
committees’ spending in the first session. Section 3(c) of H.Res. 115, agreed to in the House March 19, 2013. Through
other resolutions and appropriations measures, the House has also changed committees’ spending authority. See, for
example, H.Res. 22 (112th Cong.), agreed to January 6, 2012.
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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 March.23
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, subject to the Speaker’s approval.24 In addition, House rules allow for the possibility of one
or more supplemental expense resolutions.25
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.26 House rules require funds made available to a committee to be used for
the activities of that committee.27 Chairs are personally responsible for the “payment of any
official expenses incurred that exceeds the provided committee funds or is incurred but not
reimbursable under [Handbook] regulations.” With the exception of franked mail, however, a
chair or committee member may spend his or her own money “in support of official committee
business.”28
Staff and Space Allocations
Decisions on the structure and organization of a committee staff rest with the committee’s chair.29
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 chair 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....”30 Committee chairs have implemented this requirement in different ways. Some
chairs provide autonomous staff to their committee’s subcommittees, whereas others maintain
staff at the full-committee level and detail staff to subcommittees as needed. Other systems are
also used.
23 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% (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 R42778, House Committee Funding: Description of Process and Analysis of Disbursements, by Matthew E.
Glassman; and CRS Report RL32794, House Committee Funding Requests and Authorizations, 104th-113th
Congresses, by Matthew E. Glassman.
24 House Rule X, cl. 6(a) and Committee Handbook.
25 House Rule X, cl. 6(b).
26 Committee Handbook.
27 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.
28 Committee Handbook.
29 The Congressional Accountability Act (P.L. 104-1) applies to committee staff. Additional information is available in
the Committee Handbook.
30 House Rule X, cl. 6(d).
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The same House rule states that “... the chair of each committee shall ensure ... that the minority
party is treated fairly in the appointment of ... staff.”31 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.32 Negotiation between the committee chair and the
minority, presumably the ranking minority member, could result in additional staff being
available to the minority.33
The committee’s ranking minority member is ostensibly responsible for minority staff. However,
the committee chair exerts control in some instances, for example in authorizing travel and
approving other activities detailed in committee rules or office manuals. Minority staff’s
“character and qualifications” must also be “acceptable to a majority of the committee.”34
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 may be 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.35
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.36 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.37
31 Ibid.
32 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 Ethics Committee. Rule XI, cl. 3(g).
33 The Speaker exercises an additional control on committee staff size: “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.” Committee 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
may later be published in the United States Code. See 2 U.S.C. 4532, note.
34 House Rule X, cl. 9(a)(2).
35 A regulation in the Committee Handbook prohibits the chair or a committee member, a relation of a committee
member, or anyone with whom a committee member has a professional or legal relationship from “directly” benefitting
from an expenditure of committee funds.
36 Committee Handbook. The Human Resources Office is a part of the Office of the Chief Administrative Officer
(CAO).
37 Ibid.
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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, some shifting of
space allocated to specific committees often occurs. 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% of the committee’s staff; 60% of
the spaces provided are indoor and 40% are outdoor. The committee chair designates to whom
parking spaces are allocated and whether indoor spaces will be reserved or unreserved.38
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.39 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.40
Website
Each committee has a website, and each committee’s website is different. Decisions on website
design, website 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 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.41
Committee Organization
Subcommittee Structure
House rules identify the maximum number of subcommittees each committee may create. No
committees, except for the Appropriations Committee and the Oversight and Government Reform
Committee, may have more than 5 subcommittees. The Appropriations Committee is allowed not
more than 13 subcommittees42 and the Oversight and Government Reform Committee is allowed
38 Ibid.
39 Ibid.
40 House Rule X, cl. 8.
41 Committee Handbook. Although 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 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).
42 House Rule X, cl. 5(d). In the 110th Congress, the Appropriations Committee most recently reorganized to increase
(continued...)
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not more than 7 subcommittees. Committees limited to 5 subcommittees are permitted to create a
6th subcommittee if it is an oversight subcommittee. However, waivers enduring for a single
Congress have been granted in H.Res. 5 to specific committees to allow them to have additional
subcommittees.43
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 as well
as the subcommittees’ size and assignment of members,44 jurisdiction, and 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 full-committee 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, but
others do not.45
Vice Chair
House rules direct committee chairs to designate majority-party committee and subcommittee
vice chairs. No other rule seems 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. Although 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.46
Committee Rules
The House requires its committees to adopt committee rules and to publish those rules both in
electronic form and in the Congressional Record not later than 30 days after the committee chair
is elected.47 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
(...continued)
the number of its subcommittees to 12 from 11. See CRS Report RL31572, Appropriations Subcommittee Structure:
History of Changes from 1920 to 2013, by Jessica Tollestrup.
43 In the 113th 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(f) of H.Res. 5, agreed to in the House January 3, 2013.
44 See CRS Report 98-610, House Subcommittees: Assignment Process, by Judy Schneider.
45 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).
46 House Rule XI, cl. 2(d).
47 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), unless exempted from doing so. Committees also often publish their rules as committee prints.
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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 may
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 agenda setting
and other decisions will describe the relationship between the majority and minority parties, or
between 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 were contained in
H.Res. 5 and that affect committees.
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, committee rules tend to change only incrementally from one Congress to the
next.
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.48 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.49 If a committee’s rules are silent on a matter, House rules apply.50
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
live media coverage; presence 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
48 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.”
49 House Rule XI, cl. 1(a)(1)(A), and Rule XI, cl. 2(a)(1)(B), respectively.
50 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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recording and transcription services from the Office of Official Reporters, providing notifications
to the Capitol Police, and extending invitations to witnesses.51
Committee Procedure and the Role of a 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 and make it publicly available in electronic form.52
Various hearing-related and administrative tasks need to be performed in preparation for a
hearing, many of which are undertaken by committee staff.53 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.54 A committee chair may decide whether or not to
swear a witness.55 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.56 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.57
Chairs should make an opening statement to reiterate the purpose of a hearing58 and set a tone for
the hearing, and chairs should also speak last to thank witnesses for their testimony.59 In addition,
chairs often send thank-you letters to witnesses after their appearance.60
51 The reimbursement of a witness is considered to be an “extraordinary expense.” Guidance on witnesses’ travel
expenses appear in the Committee Handbook.
52 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.
53 See CRS Report 98-488, House Committee Hearings: Preparation, by Christopher M. Davis.
54 House Rule XI, cl. 2(j)(1). See CRS Report RS22637, House Committee Hearings: The “Minority Witness Rule”, by
Christopher M. Davis.
55 It is unlawful for a witness to make a false statement whether sworn or not (18 U.S.C. 1001).
56 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.
57 House Rule XI, cl. 2(k)(4).
58 House Rule XI, cl. 2(k)(1).
59 Committees must also publish in electronic form the so-called truth-in-testimony disclosures made by witnesses.
House Rule XI, cl. 2(g)(5).
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Markups and Reporting
Committee chairs have primary authority for the scheduling of a markup,61 selection of a markup
vehicle,62 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.63
During a 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.64
The committee chair is responsible for preparation of the committee report to accompany
legislation reported from the committee as well as committee reports and documents on other
(...continued)
60 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. The Committee Handbook
indicates that a committee may hire an individual or obtain a detailee from the U.S. Government Printing Office (GPO)
to assist with the committee’s printing requirements.
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, “LOC Launches New Site to Webcast House Committee
Proceedings,” news release, Feb. 2, 2012, available at http://cha.house.gov/press-release/loc-launches-new-site-
webcast-house-committee-proceedings; and U.S. Congress, Committee on House Administration, “Clerk Launches
New Site for House Documents,” news release, January 17, 2012, available at http://cha.house.gov/press-release/clerk-
launches-new-site-house-documents.
61 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.
62 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.
63 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.
64 House Rule XIII, cl. 2(b).
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committee activities.65 A committee must in addition post in electronic form within 48 hours votes
taken in markup and the text of amendments adopted.66
Outgoing chairs usually recommend to their successors that they hire or charge a specific staff
member with primary responsibility for procedural matters because 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.67
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. Questions about this role include the following: Will subcommittees be
authorized to mark up legislation or solely to 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.68
65 House rules pertaining to committee reports are found generally in House Rule XIII, clauses 2-6. The House rule on
the right of a Member to file supplemental, minority, or additional views appears in Rule XI, cl. 2(l). Additional House
rules pertaining to reports of the Ethics Committee are found Rule XI, cl. 3. See also CRS Report 98-169, House
Committee Reports: Required Contents, by Judy Schneider.
66 House Rule XI, cl. 2(e)(1)(B) and cl. 2(e)(6), respectively.
67 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.
68 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.”
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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.69 In exercising the authority and prerogatives available, a chair seeks
to strike a balance between the responsibility of the majority to govern and the right 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 committee 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.
• 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.70
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 25, 2013, 1,405 bills, 37 joint resolutions, 27 concurrent resolutions, and 139 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.71 In addition to the normal
69 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).
70 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”).
71 House Rule X, cl. 1 contains the principal statement of committees’ legislative jurisdiction. These jurisdictional
statements are supplemented by precedents, memoranda of understanding, Speakers’ 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
(continued...)
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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.72
Concerns or disputes, and suggested solutions, such as re-referral or sequential referral, need to
be acted upon quickly, potentially with negotiations between committees and by being brought to
the Speaker’s attention because referrals are made on the Speaker’s authority under House rules.73
Floor Consideration and the Role of a 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.74 There are two
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 his or her desire for the measure to be considered in that manner because it is within the
Speaker’s discretion to choose legislation to be considered under the suspension procedure.75
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, possibly
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
(...continued)
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 in Rule X, cl. 11(b). The Rule X, cl. 1
jurisdiction of the Ethics 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, and 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.
72 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.
73 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 in 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.
74 See CRS Report 95-563, The Legislative Process on the House Floor: An Introduction, by Christopher M. Davis.
75 House Rule XV, cl. 1. Two other types of legislation that are likely to be noncontroversial and handled on the floor
in an expeditious manner are privileged on certain days: Rule XV, cl. 4 (District of Columbia legislation), and Rule
XV, cl. 5 (private legislation).
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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 the 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.76 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 and points of order.
Finally, if a House- and Senate-passed measure is to be reconciled by conference with the Senate,
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.77
Legislative Issues and Agenda
The time before a new Congress convenes and the time immediately afterward are critical periods
for the development of a committee’s agenda—for the next months, the first session, and even the
two-year Congress. Some legislation can move quickly through committee, and perhaps through
the two houses of Congress, but other legislation can take many months and perhaps still not have
cleared Congress before it adjourns sine die after two years.78
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, multiyear 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
76 House Rule XVII, cl. 3.
77 See CRS Report 96-708, Conference Committee and Related Procedures: An Introduction, by Elizabeth Rybicki.
78 The Appropriations Committee, however, works on an annual cycle to produce 12 regular appropriations bills, or
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.
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January.79 These initiatives can be new for the President, a reiteration of actions the President
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 Congress80 unless they are 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;
• national, regional, local, ideological, and other political perspectives;
• public opinion;
• the impact of regional, national, and international events;
• actions anticipated in another committee with related jurisdiction; and
• actions anticipated in the other chamber.
79 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, an outgoing President might submit a written State of the Union
message, or he may make a broadcast farewell address to the nation. A 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. Another practice is to convene, organize, and then
pass several pieces of legislation of high priority to the majority party.
80 As a courtesy, a chair, a 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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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.81 In its content, the budget will contain
budget requests, proposed legislative language related to specific requests, and legislative
initiatives that have budget consequences. Although the President’s budget is referred to the
Appropriations Committee, less than 40% 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.82
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 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 begins a season of work taking place simultaneously in the Budget, Appropriations,
and legislative, or authorizing, committees, with parallel activities occurring in Senate
committees. (See, below, “Expiring Authorizations.”) Under the Congressional Budget Act of
81 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 Michelle 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 Elaine Halchin.
82 Congressional Quarterly’s American Congressional Dictionary defines appropriation and budget authority as
follows:
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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1974 (P.L. 93-344), 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.83
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),84 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 1.85
A House committee might hold a meeting at which it considers its proposed views and estimates
report, or the committee 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 in the drafting itself. Not all committees necessarily hold a meeting on their
proposed views and estimates reports.86 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.
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;
83 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 Jr. See also CRS
Report RL30297, Congressional Budget Resolutions: Historical Information, by Bill Heniff Jr.
84 Regarding the importance of the Congressional Budget Office’s (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.
85 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 2014 to 2024, available at http://cbo.gov/
publication/45010.
86 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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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.87 If a budget resolution has not been finally agreed to by the House and Senate,
the House might adopt a “deeming resolution,” minimally making a spending allocation to the
Appropriations Committee.88 In the absence of a budget resolution, the Appropriations
Committee may begin reporting annual appropriations bills after May 15.89
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.90
Expiring Authorizations
In establishing federal programs and agencies, Congress often provides an authorization for a
period of time.91 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 multiyear 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.92 Congress also sometimes passes legislation
temporarily continuing a program for six months, a year, or some other period to give itself
87 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.
88 See CRS Report RL31443, The “Deeming Resolution”: A Budget Enforcement Tool, by Megan S. Lynch.
89 See CRS Report R42388, The Congressional Appropriations Process: An Introduction, by Jessica Tollestrup.
90 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 S. Lynch.
91 Congressional Quarterly’s American Congressional Dictionary defines authorization as follows:
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.
92 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, February
21, 2014), available at http://cbo.gov/publication/45121.
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additional time to complete passage of new multiyear authorization legislation. These fixed-year
and short-term authorizations can apply to spending programs, tax provisions, grants of legal
authority, or other matters.93
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
therefore might 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.94 However,
some provisions of these kinds of laws are temporary, and Congress needs to enact new law to
continue temporary provisions in effect.95
93 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.
94 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.
95 Congressional Quarterly’s American Congressional Dictionary defines revenue and entitlement program as follows:
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 potential
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
Although 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.96
In the time before a new Congress convenes and in the time immediately afterward, a committee
chair, his or her closest allies, and the chair’s party have the most flexibility in determining the
key legislative issues 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 194697—and
especially the convening of oversight hearings. The rules of the House assign to committees
responsibility for determining, based on oversight, whether laws within their respective
jurisdictions should be changed or if additional laws are necessary.98
96 See CRS Report RS20991, Legislative Planning: Considerations for Congressional Staff, by Judy Schneider.
97 60 Stat. 812, 832.
98 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
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.
(continued...)
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Among the requirements for committees’ reports’ contents under House rules, reports on
measures are to include oversight findings and recommendations.99
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.100 House rules also direct committees to establish oversight
subcommittees or assign to subcommittees responsibility for oversight.101
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 two-
year 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.102
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 for agencies and programs within its jurisdiction.103
(...continued)
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).
99 House Rule XIII, cl. 3(c)(1).
100 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.
101 House Rule X, cl. 2(b)(2).
102 In addition to publishing 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 an author of the Oversight Manual, Walter J. 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).
103 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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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;104 discussions with witnesses’ attorneys; witnesses invoking constitutional
privileges in order not to testify;105 the invoking of executive privilege;106 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.107
Approving or 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.108
As a committee contemplates its agenda, it seeks to be aware of pending and potential executive
proposals that might be within its jurisdiction and subject to congressional approval or
disapproval.
104 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.
105 See CRS Report RL34114, Congress’s Contempt Power and the Enforcement of Congressional Subpoenas: A
Sketch, by Todd 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 Garvey and Alissa M.
Dolan.
106 See CRS Report R42670, Presidential Claims of Executive Privilege: History, Law, Practice, and Recent
Developments, by Todd Garvey and Alissa M. Dolan.
107 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 Walter J. 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
Oversight; and (5) Congress Oversees the Intelligence Community.
108 For the text of public laws containing legislative procedures enacted in law, see House Manual, pp. 1117-1287. See
also CRS Report RL30599, Expedited Procedures in the House: Variations Enacted Into Law, by Christopher M.
Davis; and CRS Report RL31160, Disapproval of Regulations by Congress: Procedure Under the Congressional
Review Act, by Richard S. Beth.
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Author Contact Information
Judy Schneider
Michael L. Koempel
Specialist on the Congress
Senior Specialist in American National Government
jschneider@crs.loc.gov, 7-8664
mkoempel@crs.loc.gov, 7-0165
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