[106th Congress House Rules Manual -- House Document No. 106-320]
[From the U.S. Government Printing Office Online Database]
[DOCID:hrulest-67]
[Page 413-518]
[[Page 413]]
Rule X
organization of committees
Committees and their legislative jurisdictions
1. <> There shall be in the House the following standing
committees, each of which shall have the jurisdiction and related
functions assigned by this clause and clauses 2, 3, and 4. All bills,
resolutions, and other matters relating to subjects within the
jurisdiction of the standing committees listed in this clause shall be
referred to those committees, in accordance with clause 2 of rule XII,
as follows:
Under the Legislative Reorganization Act of 1946 (60 Stat. 812), the
44 committees of the 79th Congress were consolidated into 19, effective
January 2, 1947. The total number of standing committees grew over time
with the creation of the Committee on Science and Astronautics (now
Science), established on July 21, 1958 (p. 14513); the Committee on
Standards of Official Conduct, established on April 13, 1967 (p. 9425);
the Committee on the Budget, established on July 12, 1974, by the
Congressional Budget Act of 1974 (88 Stat. 297); and the Committee on
Small Business, established as a standing committee effective January 3,
1975 (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470). The Committee on
Internal Security was abolished in the 94th Congress (H. Res. 5, Jan.
14, 1975, p. 20) thereby setting the total number of standing committees
at 22.
The 104th Congress reduced the total number to 19 by abolishing the
Committees on the District of Columbia, Merchant Marine and Fisheries,
and Post Office and Civil Service (sec. 202(a), H. Res. 6, Jan. 4, 1995,
p. 464). Matters formerly in the jurisdiction of the Committees on the
District of Columbia and Post Office and Civil Service were transferred
to the Committee on Government Reform (formerly Government Reform and
Oversight); and matters formerly in the jurisdiction of the Committee on
Merchant Marine and Fisheries were transferred to the Committees on
Resources (formerly Natural Resources), Transportation and
Infrastructure (formerly Public Works and Transportation), Armed
Services (formerly National Security during the 104th and 105th
Congresses), and Science (formerly Science, Space, and Technology) (sec.
202(a), H. Res. 6, Jan. 4, 1995, p. 464).
[[Page 414]]
A Permanent Select Committee on Intelligence was established in the
95th Congress (H. Res. 658, July 14, 1977, pp. 22932-49). Before the
House recodified its rules in the 106th Congress, the Select Committee
was found in former rule XLVIII (current clause 11 of rule X) (H. Res.
5, Jan. 6, 1999, p. ----). A permanent Select Committee on Aging was
added to clause 6 of this rule effective January 3, 1975 (H. Res. 988,
93d Cong., Oct. 8, 1974, p. 34470) until stricken in the 103d Congress
(H. Res. 5, Jan. 5, 1993, p. 49).
Although earlier forms of the rule specified the number of Members
comprising each of the standing committees, those specifications were
eliminated in the 93d Congress, leaving to the House the authority to
establish the sizes of committees by the numbers elected to each
standing committee pursuant to clause 5 of rule X. The rules still
specify part of the composition of the Committee on the Budget (clause
5(a)(2) of rule X) as well as the overall size and preferred composition
of the Permanent Select Committee on Intelligence (clause 11(a) of rule
X; Jan. 6, 2001, p. ----).
The Speaker refers public bills in accordance with clause 1 of rule X,
but when the House itself refers a bill it may send it to any committee
without regard to the rules of jurisdiction (IV, 4375; V, 5527; VII,
2131) and jurisdiction is thereby conferred (IV, 4362-4364; VII, 2105).
Motions for change of reference of public bills and resolutions must be
authorized by the committee claiming jurisdiction (clause 7 of rule XII;
VII, 2121; Feb. 13, 1918, p. 2070; Jan. 10, 1941, p. 100), must be made
immediately following the reading of the Journal (VII, 1809, 2119,
2120), must apply to a single bill and not to a class of bills (VII,
2125), must apply to a bill erroneously referred (VII, 2125), may be
amended (VII, 2127), may not be divided (VII, 2125), and may not be
debated (VII, 2126, 2128), but are not in order on Calendar Wednesday
(VII, 2117), and are not privileged if the original reference was not
erroneous (VII, 2125). The re-referral of most bills is accomplished by
unanimous consent (see Procedure, ch. 17, sec. 17-38).
Prior to the 94th Congress, a bill could not be divided among two or
more committees, even though it might contain matters properly within
the jurisdiction of several committees (IV, 4372). The Committee Reform
Amendments of 1974 added former clause 5 of rule X (current clause 2 of
rule XII), permitting the Speaker to refer any matter to more than one
committee (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470). That
provision was amended in the 104th Congress to require the Speaker to
designate a primary committee among those to which a matter is initially
referred (sec. 205, H. Res. 6, Jan. 4, 1995, p. 467).
A committee having jurisdiction of a subject by means of a petition
(IV, 3365) properly referred (IV, 4361) can report on the subject
thereof. It has generally been held that a committee may not report a
bill whereof the subject matter has not been referred to it by the House
(IV, 4355-4360, 4372; VII, 1029, 2101, 2102). Where a House bill is
returned from the Senate with a substitute amendment relating to a new
and different
[[Page 415]]
subject, the reference could nevertheless be to the committee having
jurisdiction of the original bill (IV, 4373, 4374); normally, however
such amended measures are held at the Speaker's table until disposed of
by the House. The erroneous reference of a public bill under this rule,
if it remains uncorrected, gives jurisdiction (IV, 4365-4371; VII,
2108), but such is not the case with a private bill or petition (IV,
3364, 4382-4389) unless the reference be made by action of the House
itself (IV, 4390, 4391; VII 2131). A point of order as to the reference
of a private bill is good when the bill comes up for consideration,
either in the House or in the Committee of the Whole (IV, 4382-4389;
VII, 2116, 2132; VIII, 2262) or at any time prior to passage (VII,
2116). The reference of a bill to a committee involving the same subject
matter as a bill previously reported confers jurisdiction anew upon the
committee to consider and report the bill subsequently introduced (VIII,
2311).
Clause 4 of rule XII prohibits the reception or consideration of
certain private bills relating to claims, pensions, construction of
bridges, and the correction of military or naval records. In the 104th
Congress the House adopted a rule to prohibit introduction or
consideration of any bill or resolution expressing a commemoration by
designation of a specified period of time (current clause 5 of rule XII,
former clause 2 of rule XXII) (sec. 216, H. Res. 6, Jan. 4, 1995, p.
468).
(a) Committee on Agriculture.
(1) <> Adulteration of seeds, insect
pests, and protection of birds and animals in forest reserves.
(2) Agriculture generally.
(3) Agricultural and industrial chemistry.
(4) Agricultural colleges and experiment stations.
(5) Agricultural economics and research.
(6) Agricultural education extension services.
(7) Agricultural production and marketing and stabilization of
prices of agricultural products, and commodities (not including
distribution outside of the United States).
(8) Animal industry and diseases of animals.
(9) Commodity exchanges.
(10) Crop insurance and soil conservation.
[[Page 416]]
(11) Dairy industry.
(12) Entomology and plant quarantine.
(13) Extension of farm credit and farm security.
(14) Inspection of livestock, poultry, meat products, and seafood
and seafood products.
(15) Forestry in general and forest reserves other than those
created from the public domain.
(16) Human nutrition and home economics.
(17) Plant industry, soils, and agricultural engineering.
(18) Rural electrification.
(19) Rural development.
(20) Water conservation related to activities of the Department of
Agriculture.
This Committee was established in 1820 (IV, 4149). In 1880 the subject
of forestry was added to its jurisdiction, and the Committee was
conferred authority to receive estimates of and to report appropriations
(IV, 4149). However, on July 1, 1920, authority to report appropriations
for the Department of Agriculture was transferred to the Committee on
Appropriations (VII, 1860).
The basic form of the present jurisdictional statement was made
effective January 2, 1947, as a part of the Legislative Reorganization
Act of 1946 (60 Stat. 812). Subparagraph (7) was altered by the 93d
Congress, effective January 3, 1975, to include jurisdiction over
agricultural commodities (including the Commodity Credit Corporation)
while transferring jurisdiction over foreign distribution and
nondomestic production of commodities to the Committee on International
Relations (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470).
Nevertheless, the Committee has retained a limited jurisdiction over
measures to release CCC stocks for such foreign distribution (Sept. 14,
1989, p. 20428). Previously unstated jurisdictions over commodities
exchanges and rural development were codified effective January 3, 1975.
The 104th Congress consolidated the Committee's jurisdiction over
inspection of livestock and meat products to include inspection of
poultry, seafood, and seafood products, and added subparagraph (20)
relating to water conservation (sec. 202(a), H. Res. 6, Jan. 4, 1995, p.
464). Clerical
[[Page 417]]
and stylistic changes were effected when the House recodified its rules
in the 106th Congress (H. Res. 5, Jan. 6, 1999, p. ----).
The Committee has had jurisdiction of bills for establishing and
regulating the Department of Agriculture (IV, 4150), for inspection of
livestock and meat products, regulation of animal industry, diseases of
animals (IV, 4154; VII, 1862), adulteration of seeds, insect pests,
protection of birds and animals in forest reserves (IV, 4157; VII,
1870), the improvement of the breed of horses, even with the cavalry
service in view (IV, 4158; VII, 1865).
The Committee, having charge of the general subject of forestry, has
reported bills relating to timber, and forest reserves other than those
created from the public domain (IV, 4160). It has also exercised
jurisdiction of bills: relating to agricultural colleges and experiment
stations (IV, 4152), incorporation of agricultural societies (IV, 4159),
and establishment of a highway commission (IV, 4153); to discourage
fictitious and gambling transactions in farm products (IV, 4161; VII,
1861); to regulate the transportation, sale, and handling of dogs and
cats intended for use in research and the licensing of animal research
facilities (July 29, 1965, p. 18691); and to designate an agricultural
research center (May 14, 1996, p. 11070). The Committee shares with the
Committee on the Judiciary jurisdiction over a bill comprehensively
amending the Immigration and Nationality Act and including food stamp
eligibility requirements for aliens (Sept. 19, 1995, p. 25533).
The House referred the President's message dealing with the
refinancing of farm-mortgage indebtedness to the Committee, thus
conferring jurisdiction (Apr. 4, 1933, p. 1209).
The Committee has jurisdiction over a bill relating solely to
executive level positions in the Department of Agriculture (Mar. 2,
1976, p. 4958) and has jurisdiction over bills to develop land and water
conservation programs on private and non-Federal lands (June 7, 1976, p.
16768).
(b) Committee on Appropriations.
(1) <> Appropriation of the
revenue for the support of the Government.
(2) Rescissions of appropriations contained in appropriation Acts.
(3) Transfers of unexpended balances.
(4) Bills and joint resolutions reported by other committees that
provide new entitlement authority as defined in section 3(9) of the
Congressional Budget Act of 1974 and referred to the committee under
clause 4(a)(2).
[[Page 418]]
This Committee was established in 1865, when all the general
appropriation bills were confided to its care. In 1885 a portion of the
bills were distributed to other committees. On July 1, 1920, the
Committee again was given jurisdiction over all appropriations by an
amendment to the rules adopted June 1, 1920 (VII, 1741).
Effective <> July
12, 1974, special Presidential messages on rescissions and deferrals of
budget authority submitted pursuant to sections 1012 and 1013 of the
Impoundment Control Act of 1974 (2 U.S.C. 683, 684), as well as
rescission bills and impoundment resolutions defined in section 1011 (2
U.S.C. 682) and required in section 1017 (2 U.S.C. 688) to be referred
to the appropriate committee, are referred to the Committee on
Appropriations if the proposed rescissions or deferrals involve funds
already appropriated or obligated. Also effective July 12, 1974, the
Congressional Budget Act of 1974 (sec. 404(a)) added to the Committee's
jurisdiction, and later perfected by the Committee Reform Amendments of
1974 (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470), subparagraphs
(2), (3), and (4).
In the 95th Congress this paragraph was amended to correct a
typographical error (H. Res. 5, Jan. 4, 1977, p. 53). Subparagraph (4)
was amended in the 105th and 106th Congresses to conform to changes made
by the Budget Enforcement Act of 1997 (sec. 10116, P.L. 105-33; H. Res.
5, Jan. 6, 1999, p. ----). When the House recodified its rules in the
106th Congress, it transferred an undesignated portion of this paragraph
to clause 3(f)(2) of rule XIII (H. Res. 5, Jan. 6, 1999, p. ----).
While this Committee has authority to report appropriations, the power
to report legislation relating thereto belongs to other committees (IV,
4033; clause 2 of rule XXI), and a general appropriation bill reported
from this Committee may not contain items of appropriation not
authorized by law or provisions amending existing law (except
retrenchments and rescissions of appropriations) (clause 2 of rule XXI),
and may not contain reappropriations of unexpended balances except
within agencies (clause 2 of rule XXI). General appropriation bills may
not be considered in the House until hearings thereon have been
available for three days (clause 4 of rule XIII).
The authority to conduct studies and examinations of the organization
and operation of executive departments and agencies was first given to
this Committee on February 11, 1943 (p. 884); continued by resolution of
January 9, 1945 (p. 135); and incorporated into permanent law in section
202(b) of the Legislative Reorganization Act of 1946 (60 Stat. 812).
This authority was first made part of the standing rules on January 3,
1953 (pp. 17, 24), and is now listed as a special oversight
responsibility of the Committee in clause 3 of rule X, effective January
3, 1975 (former clause 2(b)(3) of rule X) (H. Res. 988, 93d Cong., Oct.
8, 1974, p. 34470). The Committee is also authorized and directed to
hold hearings on the budget as a whole in open session within 30 days of
its submission (clause 4(a)(1)(A) of rule X), and to study on a
continuing basis provisions of law providing spending authority or
permanent budget authority and to report
[[Page 419]]
to the House recommendations for terminating or modifying such
provisions (clause 4(a)(3) of rule X). The requirement of section 139 of
the Legislative Reorganization Act of 1946 (60 Stat. 812) that the
Committees on Appropriations of the House and Senate develop a standard
appropriation classification schedule was superseded by section 202(a)
of the Legislative Reorganization Act of 1970 (84 Stat. 1167), which now
imposes that responsibility upon the Secretary of the Treasury and the
Office of Management and Budget. The further requirement of section 139
of the 1946 Act that the Appropriations Committees study existing
permanent appropriations and recommend which, if any, should be
discontinued was made the responsibility of all standing committees of
the House by clauses 4(e) of rule X, through enactment of section 253 of
the 1970 Act (84 Stat. 1175).
(c) Committee on Armed Services.
(1) <> Ammunition depots; forts;
arsenals; and Army, Navy, and Air Force reservations and establishments.
(2) Common defense generally.
(3) Conservation, development, and use of naval petroleum and oil
shale reserves.
(4) The Department of Defense generally, including the Departments
of the Army, Navy, and Air Force, generally.
(5) Interoceanic canals generally, including measures relating to
the maintenance, operation, and administration of interoceanic canals.
(6) Merchant Marine Academy and State Maritime Academies.
(7) Military applications of nuclear energy.
(8) Tactical intelligence and intelligence-related activities of
the Department of Defense.
(9) National security aspects of merchant marine, including
financial assistance for the construction and operation of vessels,
maintenance of the U.S. shipbuilding and ship repair industrial base,
cabotage, cargo preference,
[[Page 420]]
and merchant marine officers and seamen as these matters relate to the
national security.
(10) Pay, promotion, retirement, and other benefits and privileges
of members of the armed forces.
(11) Scientific research and development in support of the armed
services.
(12) Selective service.
(13) Size and composition of the Army, Navy, Marine Corps, and Air
Force.
(14) Soldiers' and sailors' homes.
(15) Strategic and critical materials necessary for the common
defense.
This Committee was established January 2, 1947, as a part of the
Legislative Reorganization Act of 1946 (60 Stat. 812), combining the
Committee on Military Affairs with the Committee on Naval Affairs, both
of which had been created in 1822 (IV, 4179, 4189) and had had
jurisdiction over appropriations from 1885 to 1920 (IV, 4179, 4189; VII,
1741). The Committee was redesignated the Committee on National Security
in the 104th Congress (sec. 202(a), H. Res. 6, Jan. 4, 1995, p. 464) and
was redesignated again the Committee on Armed Services in the 106th
Congress (H. Res. 5, Jan. 6, 1999, p. ----). Clerical and stylistic
changes were effected when the House recodified its rules in the 106th
Congress, including the deletion of a redundant undesignated recitation
of a special oversight function (H. Res. 5, Jan. 6, 1999, p. ----).
Much of the present legislative jurisdiction in this paragraph was
adopted on January 3, 1953 (p. 17), to reflect jurisdiction over the
Department of Defense, which was created in the National Security Act of
1947 (61 Stat. 495). In the 95th Congress, when the Joint Committee on
Atomic Energy was abolished, this Committee gained jurisdiction over
military applications of nuclear energy (H. Res. 5, Jan. 4, 1977, p.
53). The special oversight function of the Committee in clause 3(g)
(former clause 3(a)) were assigned by the Committee Reform Amendments of
1974, effective January 3, 1975 (H. Res. 988, 93d Cong., Oct. 8, 1974,
p. 34470). The 104th Congress added subparagraph (8) for clarification
and subparagraphs (5), (6), and (9) to reflect the transfer of those
matters from the former Committee on Merchant Marine and Fisheries (sec.
202(a), H. Res. 6, Jan. 4, 1995, p. 464), and later amended subparagraph
(8) to effect a technical correction (H. Res. 254, Nov. 30, 1995, p.
35077).
The Committee has jurisdiction over bills: relating to military
housing construction (Feb. 21, 1962, p. 2684; Apr. 18, 1967, p. 9981);
amending
[[Page 421]]
title 10 of the United States Code to permit suits against the United
States for damage to reputation of members of Armed Forces acquitted of
charges of crimes against civilians in combat zones (July 15, 1970, p.
24451); for construction of facilities at Walter Reed Medical Center
(Oct. 3, 1966, p. 24859); to require military commissary, post exchange,
and medical care privileges for veterans with sufficient service-
connected disabilities (Feb. 3, 1976, p. 1972); of a private character
to waive the statutory time limit on the award of the Congressional
Medal of Honor on individuals (Feb. 22, 1982, p. 1812); including
authorization of appropriations to the Department of Energy for resource
applications for naval petroleum and oil shale reserves (May 1, 1978, p.
11946); and effecting the transfer of military property to a State to be
designated by the State as a wilderness area (Nov. 15, 1995, p. 32627).
The Committee exercised jurisdiction with the Committee on Interior
and Insular Affairs (now Resources) over a resolution expressing the
sense of Congress regarding continued operation of the Hanford Nuclear
Reactor to produce power for the Bonneville Power Administration (July
17, 1986, p. 16888).
(d) Committee on the Budget.
(1) Concurrent resolutions on the <> budget (as defined in section 3(4) of the Congressional Budget
Act of 1974), other matters required to be referred to the committee
under titles III and IV of that Act, and other measures setting forth
appropriate levels of budget totals for the United States Government.
(2) Budget process generally.
(3) Establishment, extension, and enforcement of special controls
over the Federal budget, including the budgetary treatment of off-budget
Federal agencies and measures providing exemption from reduction under
any order issued under part C of the Balanced Budget and Emergency
Deficit Control Act of 1985.
This Committee was established in the 93d Congress, effective July 12,
1974, by section 101 of the Congressional Budget Act of 1974 (88 Stat.
[[Page 422]]
299). The separate subpoena authority conferred upon the Committee by
section 101(b) of that Act has been superseded by the general grant of
subpoena authority to all committees in clause 2(m) of rule XI (H. Res.
988, 93d Cong., Oct. 8, 1974, p. 34470). The Committee is also charged
with the special oversight functions as described in clause 3(b) and
clause 4(b) of rule X.
Before the House recodified its rules in the 106th Congress, this
paragraph consisted of the committee's legislative jurisdiction (current
paragraph (d)), its oversight jurisdiction (current clause 4 of rule X),
and its composition (current clause 5(a)(2) of rule X (H. Res. 5, Jan.
6, 1999, p. ----).
In the 99th Congress this paragraph was again amended by section
232(h) of the Balanced Budget and Emergency Deficit Control Act of 1985,
to confer jurisdiction over Senate joint or concurrent resolutions
constituting congressional responses to a Presidential sequestration
order issued pursuant to a report of the Comptroller General under
section 252(b) of that Act (P.L. 99-177). It was again amended by the
Budget Enforcement Act of 1990 to conform subparagraph (2) to changes in
the congressional budget laws (tit. XIII, P.L. 101-508). The 104th
Congress amended the paragraph to expand the limited legislative
jurisdiction of the Committee by: (1) adding other measures setting
forth appropriate levels of budget totals to subparagraph (2); (2)
granting the Committee jurisdiction over the congressional budget
process generally in a new subparagraph (3); and (3) granting the
Committee jurisdiction over special controls over the Federal budget in
a new subparagraph (4), including receiving from the former Committee on
Government Operations (now Government Reform) jurisdiction over
budgetary treatment of off-budget Federal agencies and measures
providing exemption from sequestration orders issued under the Balanced
Budget and Emergency Deficit Control Act (sec. 202(a), H. Res. 6, Jan.
4, 1995, p. 464). Three re-referrals from the Committee on Government
Reform to the Committee on the Budget marked this migration of off-
budget treatment jurisdiction: (1) the Committee on the Budget has
primary jurisdiction over a bill excluding from the budget the Civil
Service Retirement and Disability Fund (although the Committee on
Government Reform retains programmatic jurisdiction over that Fund); (2)
the Committee on the Budget has primary jurisdiction over a bill
excluding from the budget the Highway Trust Fund, the Airport and Airway
Trust Fund, the Inland Waterways Trust Fund, and the Harbor Maintenance
Trust Fund (although the Committee on Transportation and Infrastructure
retains programmatic jurisdiction); and (3) the Committee on the Budget
has secondary jurisdiction over a bill amending title 49 of the United
States Code and providing off-budget treatment for the Highway Trust
Fund, the Airport and Airway Trust Fund, the Inland Waterways Trust
Fund, and the Harbor Maintenance Trust Fund (Dec. 6, 1995, p. 35572).
The chairman of the Committee on the Budget inserted in the
Congressional Record a Memorandum of Understanding between this
Committee and the Com
[[Page 423]]
mittee on Rules to clarify each Committee's jurisdiction over the
congressional budget process (Jan. 4, 1995, p. 617). In the 105th
Congress the jurisdictional statement in subparagraph (3), previously
confined to the congressional budget process, was broadened to encompass
also the executive budget process formerly included in the jurisdiction
of the Committee on Government Reform and Oversight (now Government
Reform) (H. Res. 5, Jan. 7, 1997, p. ----). Clerical and stylistic
changes were effected when the House recodified its rules in the 106th
Congress (H. Res. 5, Jan. 6, 1999, p. ----). This Committee, and not the
Committee on Ways and Means, has jurisdiction over a bill establishing a
rule of sequestration under the Balanced Budget and Emergency Deficit
Control Act (Dec. 15, 2000, p. ----). This Committee has primary
jurisdiction, and the Committee on Ways and Means has additional
jurisdiction, over a bill taking Social Security trust funds off budget
(Dec. 15, 2000, p. ----). This Committee has primary jurisdiction, and
the Committee on Rules has additional jurisdiction, over a bill amending
the Budget Act to establish new legislative points of order and
directing that the President include a specified matter with his budget
(Feb. 14, 2001, p. ----).
(e) Committee on Education and the Workforce.
(1) Child labor.
<> (2) Gallaudet
University and Howard University and Hospital.
(3) Convict labor and the entry of goods made by convicts into
interstate commerce.
(4) Food programs for children in schools.
(5) Labor standards and statistics.
(6) Education or labor generally.
(7) Mediation and arbitration of labor disputes.
(8) Regulation or prevention of importation of foreign laborers
under contract.
(9) Workers' compensation.
(10) Vocational rehabilitation.
(11) Wages and hours of labor.
(12) Welfare of miners.
(13) Work incentive programs.
[[Page 424]]
This Committee was established as the Committee on Education and Labor
on January 2, 1947, as part of the Legislative Reorganization Act of
1946 (60 Stat. 812), combining the Committee on Education (created in
1867) (IV, 4242) and the Committee on Labor (created in 1883) (IV,
4244). When it was redesignated as the Committee on Economic and
Educational Opportunities in the 104th Congress, the jurisdictional
statement remained unchanged except by the combination of labor
standards and labor statistics in a single subparagraph (5) (sec.
202(a), H. Res. 6, Jan. 4, 1995, p. 464). In the 105th Congress the
Committee was redesignated again the Committee on Education and the
Workforce (H. Res. 5, Jan. 7, 1997, p. ----).
By the Committee Reform Amendments of 1974, effective January 3, 1975,
the Committee gained jurisdiction over food programs for children in
schools, an expansion of earlier jurisdiction over school-lunch programs
(subpara. (4)), work incentive programs (subpara. (13)), and Indian
education, a matter formerly within the specific jurisdiction of the
Committee on Interior and Insular Affairs (now Resources); jurisdiction
of the Committee over international education matters was specifically
transferred to the Committee on Foreign Affairs (now International
Relations); and its special oversight function was inserted in clause
3(c) of rule X (current clause 3(d) of rule X) (H. Res. 988, 93d Cong.,
Oct. 8, 1974, p. 34470). Clerical and stylistic changes were effected
when the House recodified its rules in the 106th Congress, including the
deletion of obsolete references to the Columbia Institution for the
Deaf, Dumb, and Blind, Freedmen's Hospital, and the United States
Employees' Compensation Commission and the deletion of a redundant
undesignated recitation of general and special oversight functions (H.
Res. 5, Jan. 6, 1999, p. ----).
The Committee has jurisdiction over bills dealing with juvenile
delinquency (Jan. 22, 1959, p. 1027), runaway youth (July 12, 1973, p.
23633; Sept. 10, 1973, p. 28970), human services programs administered
by HEW (June 21, 1972, p. 21733), education of Indians (Apr. 15, 1975,
p. 10247; June 10, 1991, p. 14049), including the Native American
Programs Act (Oct. 30, 1997, p. ----), and compensation for work
injuries to Federal employees (Apr. 16, 1975, p. 10339); over bills
amending the Community Services Block Grant Act to continue antipoverty
programs originally authorized by the Economic Opportunity Act of 1964
(Nov. 4, 1993, p. 27359); and over an executive communication proposing
draft legislation to amend the Labor Management Relations Act and the
Employee Retirement Income Security Act (Mar. 24, 1983, p. 7402). The
Committee shares with the Committee on the Judiciary original
jurisdiction over a bill comprehensively amending the Immigration and
Nationality Act and including provisions addressing the enforcement of
labor laws (Sept. 19, 1995, p. 25533). The Committee has additional
jurisdiction (Commerce, now Energy and Commerce, has primary
jurisdiction) over a developmental disabilities assistance and family
support bill (Feb. 10, 2000, p. ----). The jurisdiction of this
Committee over education and vocational rehabilitation does not
[[Page 425]]
include those subjects as they relate to veterans, which fall under the
jurisdiction of the Committee on Veterans' Affairs.
(f) Committee on Energy and Commerce.
(1) Biomedical research and development.
<> (2) Consumer affairs and
consumer protection.
(3) Health and health facilities (except health care supported by
payroll deductions).
(4) Interstate energy compacts.
(5) Interstate and foreign commerce generally.
(6) Exploration, production, storage, supply, marketing, pricing,
and regulation of energy resources, including all fossil fuels, solar
energy, and other unconventional or renewable energy resources.
(7) Conservation of energy resources.
(8) Energy information generally.
(9) The generation and marketing of power (except by federally
chartered or Federal regional power marketing authorities); reliability
and interstate transmission of, and ratemaking for, all power; and
siting of generation facilities (except the installation of
interconnections between Government waterpower projects).
(10) General management of the Department of Energy and management
and all functions of the Federal Energy Regulatory Commission.
(11) National energy policy generally.
(12) Public health and quarantine.
[[Page 426]]
(13) Regulation of the domestic nuclear energy industry, including
regulation of research and development reactors and nuclear regulatory
research.
(14) Regulation of interstate and foreign communications.
(15) Travel and tourism.
The committee shall have the same jurisdiction with respect to
regulation of nuclear facilities and of use of nuclear energy as it has
with respect to regulation of nonnuclear facilities and of use of
nonnuclear energy.
The Committee dates from 1795 (IV, 4096). Effective January 3, 1975
(H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470), the name of the
Committee was changed from Interstate and Foreign Commerce to Commerce
and Health. Effective January 14, 1975, it was redesignated as
Interstate and Foreign Commerce (H. Res. 5, 94th Cong., p. 20). In the
96th Congress it was redesignated again as Energy and Commerce and given
much of its present jurisdiction, effective January 3, 1981 (H. Res.
549, Mar. 25, 1980, pp. 6405-10; note publication of intercommittee
memoranda of understanding). In the 104th Congress it was redesignated
again as the Committee on Commerce (sec. 202(a), H. Res. 6, Jan. 4,
1995, p. 464). In the 107th Congress it was redesignated again as the
Committee on Energy and Commerce and its jurisdiction over securities
and exchanges was transferred to the Committee on Financial Services
(sec. 2(d), H. Res. 5, Jan. 3, 2001, p. ----).
In the 74th Congress the jurisdictional statement of the Committee was
amended to include jurisdiction over bills relating to radio; to deprive
the Committee jurisdiction over bills relating to water transportation,
Coast Guard, lifesaving service, lighthouses, lightships, ocean
derelicts, Coast and Geodetic Survey, and the Panama Canal; and to vest
jurisdiction over those subjects in the former Committee on Merchant
Marine and Fisheries (VII, 1814, 1847), but with the demise of the
latter Committee in the 104th Congress, the latter subjects now reside
in the jurisdiction of the Committee on Transportation and
Infrastructure, except that the Committee on National Security (now
Armed Services) has jurisdiction over the Panama Canal (sec. 202(a), H.
Res. 6, Jan. 4, 1995, p. 464). In the 85th Congress matters relating to
the Bureau of Standards, standardization of weights and measures, and
the metric system (conferred on the Committee by the Legislative
Reorganization Act of 1946, 60 Stat. 812), were transferred to the
Committee on Science and Astronautics (now Science) (July 21, 1958,
[[Page 427]]
p. 14513). In the Committee Reform Amendments of 1974, effective January
3, 1975, the Committee obtained specific jurisdiction over consumer
affairs and consumer protection (subpara. (2)), travel and tourism
(subpara. (16)), health and health facilities, except health care
supported by payroll deductions (subpara. (3)) (a matter formerly within
the jurisdiction of the Committee on Ways and Means), and biomedical
research and development (subpara. (1)), and was released of
jurisdiction over civil aeronautics to the Committee on Public Works and
Transportation (now Transportation and Infrastructure), jurisdiction
over civil aviation research and development, energy and environmental
research and development, and the National Weather Service to the
Committee on Science and Technology (now Science), and jurisdiction over
trading with the enemy to the Committee on Foreign Affairs (now
International Relations) (H. Res. 988, 93d Cong., Oct. 8, 1974, p.
34470). In the 95th Congress, when the legislative jurisdiction of the
Joint Committee on Atomic Energy in the House was transferred to various
standing committees, this Committee was given the same jurisdiction over
nuclear energy as it had over nonnuclear energy and facilities (H. Res.
5, Jan. 4, 1977, pp. 53-70). In the 96th Congress the Committee obtained
specific jurisdiction over national energy policy generally (subpara.
(11)), measures relating to exploration, production, storage, supply,
marketing, pricing, and regulation of energy resources (subpara. (6)),
measures relating to conservation of energy resources (subpara. (7)),
measures relating to energy information generally (subpara. (8)),
measures relating to the generation, marketing, interstate transmission
of, and ratemaking for power as well as the siting of generation
facilities, with certain exceptions (subpara. (9)), interstate energy
compacts (subpara. (4)), and measures relating to general management of
the Department of Energy and all functions of the Federal Energy
Regulatory Commission (subpara. (10)) (H. Res. 549, Mar. 25, 1980, pp.
6405-10). In the 104th Congress the Committee's jurisdiction over inland
waterways and railroads (including railroad labor, retirement, and
unemployment) was transferred to the Committee on Transportation and
Infrastructure, and jurisdiction over measures relating to the
commercial application of energy technology was transferred to the
Committee on Science, while the Committee on Energy and Commerce
obtained exclusive jurisdiction over regulation of the domestic nuclear
energy industry (subpara. (13)) from the former Committee on Natural
Resources (now Resources) (sec. 202(a), H. Res. 6, Jan. 4, 1995, p.
464). Clerical and stylistic changes were effected when the House
recodified its rules in the 106th Congress (H. Res. 5, Jan. 6, 1999, p.
----). In the 107th Congress the Committee's jurisdiction over
securities and exchanges was transferred to the Committee on Financial
Services (sec. 2(d), H. Res. 5, Jan. 3, 2001, p. ----). The Speaker
inserted in the Congressional Record a Memorandum of Understanding
between this Committee and the Committee on Financial Services to
clarify the nature of this transfer (Jan. 20, 2000, p. ----).
[[Page 428]]
The Committee has the special oversight responsibility under clause
3(c) of rule X as well as the general oversight responsibility required
by clause 2 of rule X. This special oversight responsibility was
expanded in the 96th Congress to include all energy, effective January
3, 1981 (H. Res. 549, Mar. 25, 1980, pp. 6405-10). In the 104th Congress
it was again expanded to include nonmilitary nuclear energy and research
and development including the disposal of nuclear waste (sec. 202(a), H.
Res. 6, Jan. 4, 1995, p. 464), though a conforming change in clause 3(c)
was inadvertently omitted.
The Committee formerly reported the river and harbor appropriation
bill, but in 1883 the Committee on Rivers and Harbors was created for
that role (IV, 4096), and since the 66th Congress such appropriations
have been reported by the Committee on Appropriations.
The Committee has general jurisdiction of bills affecting domestic and
foreign commerce, except such as may affect the revenue (IV, 4097). It
also has jurisdiction of bills authorizing the construction of marine
hospitals and the acquisition of sites therefor (IV, 4110; VII, 1816),
the general subjects of quarantine and the establishment of quarantine
stations (IV, 4109), health, spread of leprosy and other contagious
diseases, international congress of hygiene, etc. (IV, 4111), bills
declaring as to whether or not streams are navigable and for preventing
or regulating hindrances to navigation (IV, 4101; VII, 1810; Mar. 9,
1999, p. ----), such as bridges (IV, 4099; VII, 1812) and dams, except
such bridges and dams as are a part of river improvements (IV, 4100;
VII, 1810). This Committee formerly had jurisdiction of bills proposing
construction of bridges across navigable streams which are now banned
under clause 4 of rule XII (see Sec. 822, infra; see also General Bridge
Act, 33 U.S.C. 525, 533).
Before the 104th Congress the Committee considered bills regulating
railroads in their interstate commerce relations (IV, 414) and exercised
jurisdiction with the Committees on Education and Labor (now Education
and the Workforce) and Public Works and Transportation (now
Transportation and Infrastructure) over bills providing labor
protections to workers in the transportation industry, including
railroad employees (Feb. 24, 1993, p. 3577). The Committee considers
bills relating to commercial travelers as agents of interstate commerce
and the branding of articles going into such commerce (IV, 4115), the
prevention of the carriage of indecent and harmful pictures or
literature (IV, 4116), the adulteration and misbranding of foods and
drugs (IV, 4112), and protection of game through prohibition of
interstate transportation (IV, 4117). The Committee has jurisdiction
over bills imposing safety standards on motor vehicles purchased by the
U.S. Government (Feb. 16, 1959, p. 2420), bills creating civil remedies
for false advertising or other violations of commercial ethics (June 4,
1962, p. 9601), and bills to assist financing of the Arctic Winter Games
in Alaska (June 7, 1972, p. 19935). The Committee had jurisdiction over
a bill to reauthorize the Developmental Disabilities Assistance and Bill
of Rights Act (ultimately repealed), which was focused on health matters
rather than job
[[Page 429]]
training (June 1, 1981, p. 11028; Nov. 3, 1993, p. 27274). This
Committee and, in addition, the Committee on Education and the Workforce
have jurisdiction over the Developmental Disabilities Assistance and
Bill of Rights Act of 1999 (which replaced the above-mentioned Act) as
it contained a family support program within the jurisdiction of the
Committee on the Education and the Workforce (Feb. 10, 2000, p. ----).
In the 94th Congress, the Committee gained jurisdiction over bills
amending the Lead-Based Paint Poisoning Prevention Act and bills dealing
with nursing home construction as public health matters (June 10, 1975,
p. 18009).
(g) Committee on Financial Services.
(1) Banks and banking, including deposit insurance and Federal
monetary policy.
<> (2) Economic
stabilization, defense production, renegotiation, and control of the
price of commodities, rents, and services.
(3) Financial aid to commerce and industry (other than
transportation).
(4) Insurance generally.
(5) International finance.
(6) International financial and monetary organization.
(7) Money and credit, including currency and the issuance of notes
and redemption thereof; gold and silver, including the coinage thereof;
valuation and revaluation of the dollar.
(8) Public and private housing.
(9) Securities and exchanges.
(10) Urban development.
This Committee was established in 1865 as the Committee on Banking and
Currency (IV, 4082). In the Committee Reform Amendments of 1974,
effective January 3, 1975, its name was changed to Banking, Currency and
Housing (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470). In the 95th
Congress its name was changed to Banking, Finance and Urban Affairs (H.
Res. 5, Jan. 4, 1977, pp. 53-70). In the 104th Congress its name was
changed to Banking and Financial Services (sec. 202(a), H. Res. 6, Jan.
[[Page 430]]
4, 1995, p. 464). In the 107th Congress its name was changed to
Financial Services in conjunction with its receipt of jurisdiction over
securities and exchanges (formerly within the jurisdiction of the
Committee on Energy and Commerce) (sec. 2(d), H. Res. 5, Jan. 3, 2001,
p. ----).
The Committee was given much of its present jurisdiction in the
Legislative Reorganization Act of 1946 (60 Stat. 812), by which it
absorbed the jurisdiction of the former Committee on Coinage, Weights,
and Measures (created in 1864) (IV, 4090), except jurisdiction over
matters relating to the standardization of weights and measures and the
metric system was given to the Committee on Interstate and Foreign
Commerce and was later transferred to the Committee on Science and
Astronautics (now Science) in the 85th Congress (H. Res. 580, July 21,
1958, p. 14513). In the 92d Congress jurisdiction over the impact on the
economy of tax-exempt foundations and charitable trusts was transferred
from the Subcommittee on Foundations of the Select Committee on Small
Business, along with all that subcommittee's files, to this Committee
(H. Res. 320, Apr. 27, 1971, p. 12081). Prior to the end of the 93d
Congress, the Committee had legislative jurisdiction over the problems
of small business under its general jurisdiction over financial aid to
commerce and industry; but with the adoption of the Committee Reform
Amendments of 1974, effective January 3, 1975, that jurisdiction was
transferred to the standing Committee on Small Business, the permanent
Select Committee on Small Business was abolished, and this Committee was
specifically given jurisdiction over Federal monetary policy, money and
credit, urban development, economic stabilization, defense production,
and renegotiation (the latter matter formerly within the jurisdiction of
the Committee on Ways and Means), international finance, and
international financial and monetary organizations (formerly within the
jurisdiction of the Committee on International Relations), while
jurisdiction over the Commodity Credit Corporation was transferred to
the Committee on Agriculture, jurisdiction over export controls and
international economic policy to the Committee on International
Relations, jurisdiction over construction of nursing home facilities to
what is now the Committee on Energy and Commerce, and jurisdiction over
urban mass transportation to what is now the Committee on Transportation
and Infrastructure (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470). In
the 104th Congress subparagraphs (2) and (3) were added (sec. 202(a), H.
Res. 6, Jan. 4, 1995, p. 464). Clerical and stylistic changes were
effected when the House recodified its rules in the 106th Congress (H.
Res. 5, Jan. 6, 1999, p. ----). In the 107th Congress jurisdiction over
securities and exchanges was transferred from the Committee on Energy
and Commerce to the Committee on Financial Services (sec. 2(d), H. Res.
5, Jan. 3, 2001, p. ----). As a result of the new jurisdiction of the
Committee on Financial Services over securities and exchanges, its
former jurisdiction over matters relating to bank capital markets
activities and depository institutions securities activities were
deleted as redundant (sec. 2(d), H. Res. 5, Jan. 3, 2001, p. ----). In
the 107th Congress the Committee on Financial Services
[[Page 431]]
also received jurisdiction over insurance generally (sec. 2(d), H. Res.
5, Jan. 3, 2001, p. ----). The Speaker inserted in the Congressional
Record a Memorandum of Understanding between this Committee and the
Committee on Energy and Commerce to clarify these jurisdictional changes
(Jan. 20, 2000, p. ----).
The Committee has reported on subjects relating to the strengthening
of public credit, issues of notes, and State taxation and redemption
thereof (IV, 4084), propositions to maintain the parity of the money of
the United States (IV, 4089; VII, 1792), the issue of silver
certificates as currency (IV, 4087, 4088), national banks and current
deposits of public money (IV, 4083; VII, 1790), the incorporation of an
international bank (IV, 4086), subjects relating to the Freedman's Bank
(IV, 4085), and Federal Reserve System, farm loan act, home loan bills,
stabilization of the dollar, War Finance Corporation, Federal Reserve
bank buildings (VII, 1793, 1795). The Committee has jurisdiction of
bills providing consolidation of grant-in-aid programs for urban
development (Mar. 18, 1970, p. 7887), bills providing for U.S.
participation in the International Development Association (Mar. 9,
1960, p. 5046), bills to authorize GSA to acquire land in D.C. for
transfer to the International Monetary Fund (May 1, 1962, p. 7428),
bills relating to flood insurance (Dec. 4, 1975, p. 38701), and over an
executive communication proposing regulations for college housing
programs (notwithstanding that the requirement for such regulations was
contained in higher education legislation reported from the Committee on
Education and Labor) (June 15, 1982, p. 13638).
(h) Committee on Government Reform.
(1) <> Federal civil service,
including intergovernmental personnel; and the status of officers and
employees of the United States, including their compensation,
classification, and retirement.
(2) Municipal affairs of the District of Columbia in general
(other than appropriations).
(3) Federal paperwork reduction.
(4) Government management and accounting measures generally.
(5) Holidays and celebrations.
(6) Overall economy, efficiency, and management of government
operations and activities, including Federal procurement.
[[Page 432]]
(7) National archives.
(8) Population and demography generally, including the Census.
(9) Postal service generally, including transportation of the
mails.
(10) Public information and records.
(11) Relationship of the Federal Government to the States and
municipalities generally.
(12) Reorganizations in the executive branch of the Government.
In the 82d Congress the name of this Committee was changed from
Expenditures in the Executive Departments to Government Operations (July
3, 1952, p. 9217). In the 104th Congress it was changed to Government
Reform and Oversight (sec. 202(a), H. Res. 6, Jan. 4, 1995, p. 464), and
in the 106th Congress it was changed to Government Reform (H. Res. 5,
Jan. 6, 1999, p. ----). The former Committee on Expenditures in the
Executive Departments was established December 5, 1927 (VII, 2041), and
took the place of 11 separate committees on expenditures in the several
executive departments. The first of these committees was established in
1816, and others were added as new departments were created (IV, 4315).
They reported bills relating to the efficiency and integrity of the
public service (IV, 4320), and creation and abolition of offices (IV,
4318).
In addition to the jurisdiction vested in the Committee by the
Legislative Reorganization Act of 1946 (60 Stat. 812), the Committee
Reform Amendments of 1974, effective January 3, 1975, assigned the
Committee jurisdiction over measures relating to the overall economy and
efficiency of Government operations and activities, including Federal
procurement, intergovernmental relationships, and general revenue
sharing (the latter from the Committee on Ways and Means), and the
National Archives (from the former Committee on Post Office and Civil
Service) (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470). In the 104th
Congress (sec. 202(a), H. Res. 6, Jan. 4, 1995, p. 464), the Committee
assumed the jurisdictions of the former Committee on the District of
Columbia (subparas. (2)) and the former Committee on Post Office and
Civil Service except that relating to the Franking Commission (subparas.
(1), (5), (8), and (9)); and subparagraphs (3) and (10) were added to
clarify existing jurisdiction. At the same time the Committee's
jurisdiction over measures relating to off-budget treatment of agencies
or programs, which had been added by the Balanced Budget and Emergency
Deficit Control Act of 1985 (P.L. 99-177), was transferred to the
Committee on the Budget. Three re-referrals from the Committee on
Government Reform and Oversight (now Government Reform) to the Committee
on the Budget marked this migration of off-budget treatment juris
[[Page 433]]
diction: (1) the Committee on the Budget has primary jurisdiction over a
bill excluding from the budget the Civil Service Retirement and
Disability Fund (although the Committee on Government Reform and
Oversight (now Government Reform) retains programmatic jurisdiction over
that Fund); (2) the Committee on the Budget has primary jurisdiction
over a bill excluding from the budget the Highway Trust Fund, the
Airport and Airway Trust Fund, the Inland Waterways Trust Fund, and the
Harbor Maintenance Trust Fund (although the Committee on Transportation
and Infrastructure retains programmatic jurisdiction); and (3) the
Committee on the Budget has secondary jurisdiction over a bill amending
title 49 of the United States Code and providing off-budget treatment
for the Highway Trust Fund, the Airport and Airway Trust Fund, the
Inland Waterways Trust Fund, and the Harbor Maintenance Trust Fund (Dec.
6, 1995, p. 35572). The Committee was also released from jurisdiction
over measures relating to exemptions from executive orders sequestering
budget authority, which had been added by the Budget Enforcement Act of
1990 (tit. XIII, P.L. 101-508). In the 105th Congress any residual
jurisdiction over budget process was transferred to the Committee on the
Budget (H. Res. 5, Jan. 7, 1997, p. ----). The 104th Congress assigned
the Committee its responsibilities to coordinate committee oversight
plans under clause 2(d) (sec. 203(a), H. Res. 6, Jan. 4, 1995, p. 467).
In the 104th Congress the Committee was also given the responsibility to
consider and report recommendations concerning alternatives to
commemorative legislation, although no such report was made to the House
(sec. 216(b), H. Res. 6, Jan. 4, 1995, p. 468). Clerical and stylistic
changes were effected when the House recodified its rules in the 106th
Congress, including the deletion of a redundant undesignated recitation
of general and special oversight functions (H. Res. 5, Jan. 6, 1999, p.
----).
The Committee has exercised jurisdiction of bills: establishing the
Rural Electrification Administration as an independent agency and
transferring certain functions thereto (Mar. 19, 1959, p. 4692);
establishing a Commission on Population Growth (Sept. 23, 1969, p.
26568); establishing a Cabinet Committee on Opportunities for Spanish-
Speaking Americans (Nov. 24, 1969, p. 35509); providing payment of
travel costs for Federal employment applicants (Feb. 15, 1967, p. 3466);
and a bill to rename an existing post office building (Aug. 4, 1995, p.
22085; Oct. 1, 1998, p. ----), even if the post office building also
houses a courthouse (Sept. 14, 2000, p. ----). The Committee on
Transportation and Infrastructure, and not this Committee, has
jurisdiction over a measure redesignating a general-purpose Federal
building as a post office (Apr. 24, 1997, p. 22085). The Committee has
exercised jurisdiction over countercyclical programs of revenue-sharing
grants to State and local governments, such as that contained in Title
II of the Public Works Employment Act of 1976 (Feb. 1, 1977, p. 3057).
The Committee shares jurisdiction over a bill to facilitate the
reorganization of an agency by instituting a separation pay program to
encourage eligible employees to voluntarily resign or retire (Aug. 2,
1993, p. 18161).
[[Page 434]]
The Committee has jurisdiction over a bill explicitly waiving the
Federal Property and Administrative Services Act and directing the
Administrator of General Services to convey excess real property (Oct.
2, 1998, p. ----). This Committee, and not the Committee on the
Judiciary, has jurisdiction over a bill authorizing a pay adjustment for
administrative law judges (July 31, 1991, p. ----; June 10, 1999, p. --
--).
The specific subpoena authority conferred upon the Committee in the
standing rules on February 10, 1947 (p. 942) was superseded by the
general conferral of subpoena authority on all committees in clause 2(m)
of rule XI. By the Committee Reform Amendments of 1974, effective
January 3, 1975, the Committee was given the general function under
clause 4(c)(1) of examining and reporting upon reports of the
Comptroller General, evaluating laws reorganizing the legislative and
executive branches, and studying intergovernmental relationships
domestically and with international organizations to which the United
States belongs (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470).
(i) Committee on House Administration.
(1) <> Appropriations from
accounts for committee salaries and expenses (except for the Committee
on Appropriations); House Information Resources; and allowance and
expenses of Members, Delegates, the Resident Commissioner, officers, and
administrative offices of the House.
(2) Auditing and settling of all accounts described in
subparagraph (1).
(3) Employment of persons by the House, including staff for
Members, Delegates, the Resident Commissioner, and committees; and
reporters of debates, subject to rule VI.
(4) Except as provided in paragraph (q)(11), the Library of
Congress, including management thereof; the House Library; statuary and
pictures; acceptance or purchase of works of art for the Capitol; the
Botanic Garden; and purchase of books and manuscripts.
[[Page 435]]
(5) The Smithsonian Institution and the incorporation of similar
institutions (except as provided in paragraph (q)(11)).
(6) Expenditure of accounts described in subparagraph (1).
(7) Franking Commission.
(8) Printing and correction of the Congressional Record.
(9) Accounts of the House generally.
(10) Assignment of office space for Members, Delegates, the
Resident Commissioner, and committees.
(11) Disposition of useless executive papers.
(12) Election of the President, Vice President, Members, Senators,
Delegates, or the Resident Commissioner; corrupt practices; contested
elections; credentials and qualifications; and Federal elections
generally.
(13) Services to the House, including the House Restaurant,
parking facilities, and administration of the House Office Buildings and
of the House wing of the Capitol.
(14) Travel of Members, Delegates, and the Resident Commissioner.
(15) Raising, reporting, and use of campaign contributions for
candidates for office of Representative, of Delegate, and of Resident
Commissioner.
(16) Compensation, retirement, and other benefits of the Members,
Delegates, the Resident Commissioner, officers, and employees of
Congress.
[[Page 436]]
This Committee was created as the Committee on House Administration on
January 2, 1947, as a part of the Legislative Reorganization Act of 1946
(60 Stat. 812), combining the Committees on Accounts (created in 1803)
(IV, 4328), Enrolled Bills (created in 1789) (IV, 4350), Disposition of
Executive Papers (created in 1889) (IV, 4419), Printing (created in
1846), Elections (created in 1794 and divided into three committees in
1895) (IV, 4019), Election of President, Vice President, and
Representatives in Congress (created in 1893) (IV, 4299), and Memorials
(created January 3, 1929, VII, 2080).
The Committee was redesignated as the Committee on House Oversight in
the 104th Congress, obtaining from the former Committee on Post Office
and Civil Service jurisdiction over the Franking Commission (also known
as the House Commission on Congressional Mailing Standards) in
subparagraph (7), while transferring to the Committee on Resources
jurisdiction over erection of monuments to the memory of individuals
(sec. 202(a), H. Res. 6, Jan. 4, 1995, p. 464). References in
subparagraphs (1) and (2) to the ``contingent fund'' were eliminated
without changing the Committee's jurisdiction over the accounts that the
fund comprised. In the 105th Congress subparagraph (1) was amended to
effect a technical correction (H. Res. 5, Jan. 7, 1997, p. ----). In the
106th Congress the Committee was redesignated House Administration, and
the House recodified its rules to effect clerical and stylistic changes,
including the deletion of a redundant undesignated recitation of general
and special oversight functions (H. Res. 5, Jan. 6, 1999, p. ----). In
the 107th Congress the Committee's responsibilities with respect to
enrolled bills (which were set forth in former clause 4(d)(1)(A) of rule
X) were transferred to the Clerk (see clause 2(d)(2) of rule II) (sec.
2(b), H. Res. 5, Jan. 3, 2001, p. ----).
The <> Committee has jurisdiction
over measures relating to the House Restaurant, which was first under
the jurisdiction of the former Committee on Accounts, then under the
supervision of the Architect of the Capitol (H. Res. 590, 76th Cong.,
Sept. 5, 1940, p. 11552, as made permanent law by P.L. 76-812, 40 U.S.C.
174k), and then under the supervision of the Select Committee on the
House Restaurant (H. Res. 472, 91st Cong., July 10, 1969, p. 19080; H.
Res. 111, 93d Cong., Feb. 7, 1973, p. 3680), which was not reestablished
after the 93d Congress.
By the Committee Reform Amendments of 1974, effective January 3, 1975,
the Committee obtained jurisdiction over parking facilities of the
House, a matter formerly assigned to a select committee (subpara. (13))
(H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470). In the 94th Congress
the Committee was given jurisdiction over campaign contributions to
candidates for the House, a matter formerly within the jurisdiction of
the Committee on Standards of Official Conduct (subpara. (15)), and over
compensation, retirement, and other benefits of Members, officers, and
employees of Congress (subpara. (16)) (H. Res. 5, Jan. 14, 1975, p. 20).
[[Page 437]]
The Committee has jurisdiction over resolutions authorizing committees
to employ additional professional and clerical personnel (Feb. 7, 1966,
p. 2373). The Committee has supervisory authority over the House barber
shops, beauty shops, House Information Resources, and the Office of
Placement and Management (the latter formerly within the jurisdiction of
the former Joint Committee on Congressional Operations and of the former
Select Committee on Congressional Operations).
Under <> the Reorganization Act the
Committee has jurisdiction of some of the subjects formerly within the
jurisdiction of the Joint Committee on the Library, such as matters
relating to the Library of Congress and the House Library, statuary and
pictures, acceptance or purchase of works of art for the Capitol, the
Botanic Gardens, management of the Library of Congress, purchase of
books and manuscripts, matters relating to the Smithsonian Institution,
and the incorporation of similar institutions. Excepted are measures
relating to the construction or reconstruction, maintenance, and care of
the buildings and grounds of the Botanic Gardens, the Library of
Congress, and the Smithsonian Institution, which fall under the
jurisdiction of the Committee on Transportation (now Transportation and
Infrastructure). The House Members of the Joint Committee on the
Library, provided for by law (2 U.S.C. 132b), are elected by resolution
each Congress.
The <> Committee has
jurisdiction of matters relating to printing and correction of the
Congressional Record, formerly within the jurisdiction of the Committee
on Printing. The House Members of the Joint Committee on Printing,
provided for by law (44 U.S.C. 1), are elected by resolution each
Congress.
The Committee has jurisdiction of measures relating to the election of
the President, Vice President, or Members of Congress; corrupt
practices; contested elections; credentials and qualifications; Federal
elections generally, and the electoral count, which formerly was within
the jurisdiction of the Committee on Election of the President, Vice
President, and Representatives in Congress (IV, 4303).
The Committee's former responsibility to report on Members' travel was
supplanted by the function of providing policy direction to and
oversight of the Clerk, Sergeant-at-Arms, Chief Administrative Officer,
and Inspector General (sec. 10, H. Res. 423, Apr. 9, 1992, p. 9040; sec.
201(e), H. Res. 6, Jan. 4, 1995, p. 463; see rule II and Sec. 752,
infra). In the 107th Congress the Committee retained the responsibility
to provide policy direction to and oversight of the Inspector General
but retained only oversight of the remaining officers (sec. 2(g), H.
Res. 5, Jan. 3, 2001, p. ----).
(j) Committee on International Relations.
(1) <> Relations of the
United States with foreign nations generally.
[[Page 438]]
(2) Acquisition of land and buildings for embassies and legations
in foreign countries.
(3) Establishment of boundary lines between the United States and
foreign nations.
(4) Export controls, including nonproliferation of nuclear
technology and nuclear hardware.
(5) Foreign loans.
(6) International commodity agreements (other than those involving
sugar), including all agreements for cooperation in the export of
nuclear technology and nuclear hardware.
(7) International conferences and congresses.
(8) International education.
(9) Intervention abroad and declarations of war.
(10) Diplomatic service.
(11) Measures to foster commercial intercourse with foreign
nations and to safeguard American business interests abroad.
(12) International economic policy.
(13) Neutrality.
(14) Protection of American citizens abroad and expatriation.
(15) The American National Red Cross.
(16) Trading with the enemy.
(17) United Nations organizations.
This Committee was established in 1822 (IV, 4162), and from 1885 to
1920 had authority to report appropriations. In the 94th Congress the
name of the Committee was changed from Foreign Affairs to International
Relations (H. Res. 163, Mar. 19, 1975, p. 7343). In the 96th Congress it
was changed back to Foreign Affairs (H. Res. 89, Feb. 5, 1979, p. 1848).
In the 104th Congress the name was again changed to International
Relations (sec. 202(a), H. Res. 6, Jan. 4, 1995, p. 464).
[[Page 439]]
In addition to the jurisdiction vested in the Committee by the
Legislative Reorganization Act of 1946 (60 Stat. 812), the Committee
Reform Amendments of 1974, effective January 3, 1975, gave the Committee
jurisdiction over measures relating to: international economic policy
(subpara. (12)) and export controls (subpara. (4)), matters formerly
within the jurisdiction of the Committee on Banking and Currency (now
Financial Services); international commodity agreements other than sugar
(subpara. (6)), formerly within the jurisdiction of the Committee on
Agriculture; trading with the enemy (subpara. (16)), formerly within the
jurisdiction of the Committee on Interstate and Foreign Commerce (now
Energy and Commerce); and international education (subpara. (8)); while
transferring jurisdiction over international financial and monetary
organizations to the Committee on Banking and Currency (now Financial
Services), and jurisdiction over international fishing agreements to the
Committee on Merchant Marine and Fisheries (now Resources) (H. Res. 988,
93d Cong., Oct. 8, 1974, p. 34470). When the legislative jurisdiction in
the House of the Joint Committee on Atomic Energy was abolished in the
95th Congress (H. Res. 5, Jan. 4, 1977, pp. 53-70), the Committee was
given jurisdiction over nonproliferation of nuclear technology and
hardware (subpara. (4)), and over international agreements on nuclear
exports (subpara. (6)). Clerical and stylistic changes were effected
when the House recodified its rules in the 106th Congress, including the
deletion of a redundant undesignated recitation of general and special
oversight functions (H. Res. 5, Jan. 6, 1999, p. ----).
It has a broad jurisdiction over foreign relations, including bills to
establish boundary lines between the United States and foreign nations,
to determine naval strengths, and to regulate bridges and dams on
international waters (IV, 4166; see also the ``General Bridge Act,'' 33
U.S.C. 525, 533), for the protection of American citizens abroad and
expatriation (IV, 4169; VII, 1883), for extradition with foreign
nations, for international arbitration, relating to violations of
neutrality (IV, 4178a), international conferences and congresses (IV,
4177; VII, 1884), the incorporation of the American National Red Cross
and protection of its insignia (IV, 4173), intervention abroad and
declarations of war (IV, 4164; VII 1880), affairs of the consular
service, including acquisition of land and buildings for legations in
foreign capitals (IV, 4163; VII, 1879), creation of courts of the United
States in foreign countries (IV, 4167), treaty regulations as to
protection of fur seals (IV, 4170), matters relating to the Philippines
(see 60 Stat. 315), and measures establishing a District of Columbia
corporation to support private American organizations engaged in
communications with foreign nations (June 21, 1971, p. 21062).
The Committee has also considered measures for fostering commercial
intercourse with foreign nations and for safeguarding American business
interests abroad (IV, 4175), and even the subjects of commercial
treaties and reciprocal arrangements (IV, 4174), although in later
practice the Committee on Ways and Means has considered such matters
(IV, 4021). The
[[Page 440]]
Committee has exercised a general but not exclusive jurisdiction over
legislation relating to claims having international relations (IV, 4168;
VII, 1882). Pursuant to its jurisdiction over international education,
the Committee (and not former Committee on Education and Labor) has
exercised jurisdiction over bills establishing scholarship programs for
foreign students (May 10, 1988, p. 10305). The Committee has
jurisdiction over a communication from the President notifying the
House, consistent with the War Powers Resolution, of the deployment
abroad of U.S. armed forces to participate in an embargo against another
nation (Nov. 4, 1993, p. 27393).
The special oversight function of the Committee set forth in clause
3(d) of rule X (current clause 3(f) of rule X) was made effective
January 3, 1975 (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470).
(k) Committee on the Judiciary.
(1) <> The judiciary and judicial
proceedings, civil and criminal.
(2) Administrative practice and procedure.
(3) Apportionment of Representatives.
(4) Bankruptcy, mutiny, espionage, and counterfeiting.
(5) Civil liberties.
(6) Constitutional amendments.
(7) Federal courts and judges, and local courts in the Territories
and possessions.
(8) Immigration and naturalization.
(9) Interstate compacts generally.
(10) Claims against the United States.
(11) Meetings of Congress; attendance of Members, Delegates, and
the Resident Commissioner; and their acceptance of incompatible offices.
(12) National penitentiaries.
(13) Patents, the Patent and Trademark Office, copyrights, and
trademarks.
(14) Presidential succession.
[[Page 441]]
(15) Protection of trade and commerce against unlawful restraints
and monopolies.
(16) Revision and codification of the Statutes of the United
States.
(17) State and territorial boundary lines.
(18) <> Subversive activities
affecting the in-
ternal security of the United States.
This Committee dates from 1813 (IV, 4054). The essential jurisdiction
defined in the rule was made effective January 2, 1947, as a part of the
Legislative Reorganization Act of 1946 (60 Stat. 812), and combined the
Committees on Revision of Laws (created 1868, IV, 4293), Patents
(created in 1837) (IV, 4254), Immigration and Naturalization (created in
1893) (IV, 4309), Claims (created in 1794) (IV, 4262), and War Claims
(created in 1883) (IV, 4269). By the Committee Reform Amendments of
1974, effective January 3, 1975, the Committee's jurisdiction over
holidays and celebrations was transferred to the former Committee on
Post Office and Civil Service (now under Government Reform) (H. Res.
988, 93d Cong., Oct. 8, 1974, p. 34470). In the 94th Congress the
Committee on Internal Security was abolished and jurisdiction over
communist and other subversive activities affecting the internal
security of the United States was transferred to this Committee
(subpara. (18)) (H. Res. 5, Jan. 14, 1975, p. 20), though an
accompanying provision for the transfer of records and staff of the
Internal Security Committee to the Judiciary Committee was deleted as
obsolete in the 95th Congress (H. Res. 5, Jan. 4, 1977, pp. 53-70), and
the specific reference to communism was deleted as unnecessary in the
104th Congress (sec. 202(a), H. Res. 6, Jan. 4, 1995, p. 464). The 104th
Congress also inserted ``the judiciary'' in subparagraph (1); added
subparagraph (2) for clarification; combined former subparagraphs (6)
and (9) in a new subparagraph (7); and combined former subparagraphs
(13) and (14) in a new subparagraph (13) (sec. 202(a), H. Res. 6, Jan.
4, 1995, p. 464). Clerical and stylistic changes were effected when the
House recodified its rules in the 106th Congress, including an update of
a reference to the Patent and Trademark Office (H. Res. 5, Jan. 6, 1999,
p. ----).
Under subparagraph (14) the Committee has jurisdiction over
Presidential nominations to fill vacancies in the office of Vice
President, submitted pursuant to the 25th amendment to the Constitution
(Oct. 13, 1973, p. 34032; Aug. 20, 1974, p. 29366). The Committee has
reported Articles of Impeachment of the President (Aug. 20, 1974, pp.
29219-81; Dec. 17, 1998, p. ----). Where the House has voted
impeachment, members of the Committee have been appointed as managers on
the part of the House in presenting the charges to the Senate for trial
(H. Res. 501, 99th Cong., July 22, 1986, p. 17306; H. Res. 511, 100th
Cong., Aug. 3, 1988, p. 20223;
[[Page 442]]
H. Res. 12, 101st Cong., Jan. 3, 1989, p. 84; Dec. 19, 1998, p. ----;
Jan. 6, 1999, p. ----).
The Committee on the Judiciary considers charges against judges of the
Federal courts (IV, 4062), legislative propositions relating to the
service of the Department of Justice (IV, 4067), bills relating to local
courts in the District of Columbia, Alaska, and the territories (IV,
4068), the establishment of a court of patent appeals (IV, 4075),
relations of labor to courts and corporations (IV, 4072), crimes,
penalties, extradition (IV, 4069; VII, 1747), construction and
management of national penitentiaries (IV, 4070), matters relating to
trusts and corporations (IV, 4057, 4059, 4060; VII, 1764), claims of
States against the United States (IV, 4080), general legislation
relating to international and other claims (IV, 4078, 4079, 4081),
including measures extending the terms of members of the Foreign Claims
Settlement Commission (Nov. 14, 1991, p. 32130), bills relating to the
Office of President (IV, 4077), to the flag (IV, 4055), bankruptcy (IV,
4065), removal of political disabilities (IV, 4058), prohibition of
traffic in intoxicating liquors (IV, 4061; VII, 1773), mutiny and
willful destruction of vessels (IV, 4145), counterfeiting (IV, 4071;
VII, 1753), settlement of State and territorial boundary lines (IV,
4060; VII, 1768), meeting of Congress and attendance of Members and
their acceptance of incompatible offices (IV, 4077, VI, 65).
The Committee also has jurisdiction over joint resolutions proposing
amendments to the Constitution (IV, 4056; VII, 1779). It also reports on
important questions of law relating to subjects naturally within the
jurisdiction of other committees (IV, 4063). Although the Committee has
historically exercised jurisdiction over lobbying activities, the
Committee on Standards of Official Conduct was assigned such
jurisdiction during a brief period (H. Res. 1031, 91st Cong., July 8,
1970, p. 23141; H. Res. 5, 94th Cong., Jan. 14, 1975, p. 20).
The Committee also has jurisdiction over bills regulating the
authority of States to impose taxes on interstate commerce (June 18,
1959, p. 11317), imposing conflict of interest standards and civil and
criminal penalties relating thereto on government employees (Feb. 25,
1960, p. 3484), establishing an Academy of Criminal Justice (Apr. 5,
1965, p. 6822), to eliminate racketeering in the interstate sale of
cigarettes (Feb. 9, 1972, p. 3429), providing workmen's compensation for
non-Federal firemen killed during civil disorder (May 6, 1968, p.
11798), authorizing the Attorney General to consent to a modification of
a certain trust on behalf of the Library of Congress (Aug. 17, 1959, p.
16051), amending an omnibus pension act to increase the amount of
pension granted a certain class of persons (Feb. 15, 1960, p. 2523), and
imposing criminal sanctions under the Controlled Substances Act (Nov.
14, 1983, p. 32457). The Committee has exclusive jurisdiction over the
Legal Services Corporation (Nov. 19, 1975, p. 37288) and over the
extension of workmen's benefits to non-Federal policemen and firemen
(Dec. 12, 1975, p. 40204). The Committee has exercised jurisdiction,
with the Committee on Education and Labor (now Education and
[[Page 443]]
the Workforce), over bills to amend the Walsh-Healey Act regarding hours
of work under government contracts (May 15, 1985, p. 11946). This
Committee, and not the Committee on Public Works and Transportation (now
Transportation and Infrastructure), exercised jurisdiction over a bill
extending the authority for the Marshal of the Supreme Court and the
Supreme Court Police to protect the Chief Justice, Associate Justices,
officers, and employees of the Supreme Court beyond its building and
grounds (Nov. 22, 1993, p. 32074). The Committee on Government Reform,
and not this Committee, has jurisdiction over pay adjustments for
administrative law judges (July 31, 1991, p. 20677; June 10, 1999, p. --
--).
The Committee has the general oversight responsibility set forth in
clause 2(b).
(l) Committee on Resources.
(1) <> Fisheries and wildlife,
including research, restoration, refuges, and conservation.
(2) Forest reserves and national parks created from the public
domain.
(3) Forfeiture of land grants and alien ownership, including alien
ownership of mineral lands.
(4) Geological Survey.
(5) International fishing agreements.
(6) Interstate compacts relating to apportionment of waters for
irrigation purposes.
(7) Irrigation and reclamation, including water supply for
reclamation projects and easements of public lands for irrigation
projects; and acquisition of private lands when necessary to complete
irrigation projects.
(8) Native Americans generally, including the care and allotment
of Native American lands and general and special measures relating to
claims that are paid out of Native American funds.
[[Page 444]]
(9) Insular possessions of the United States generally (except
those affecting the revenue and appropriations).
(10) Military parks and battlefields, national cemeteries
administered by the Secretary of the Interior, parks within the District
of Columbia, and the erection of monuments to the memory of individuals.
(11) Mineral land laws and claims and entries thereunder.
(12) Mineral resources of public lands.
(13) Mining interests generally.
(14) Mining schools and experimental stations.
(15) Marine affairs, including coastal zone management (except for
measures relating to oil and other pollution of navigable waters).
(16) Oceanography.
(17) Petroleum conservation on public lands and conservation of
the radium supply in the United States.
(18) Preservation of prehistoric ruins and objects of interest on
the public domain.
(19) Public lands generally, including entry, easements, and
grazing thereon.
(20) Relations of the United States with Native Americans and
Native American tribes.
(21) Trans-Alaska Oil Pipeline (except ratemaking).
The Committee on Public Lands was created in 1805 (IV, 4194). Its name
has since been changed to Interior and Insular Affairs (Feb. 2, 1951, p.
883); to Natural Resources (H. Res. 5, Jan. 5, 1993, p. 49); and to
Resources (sec. 202(a), H. Res. 6, Jan. 4, 1995, p. 464).
[[Page 445]]
The core of the jurisdiction reflected in this paragraph was assigned
to the Committee effective January 2, 1947, as a part of the Legislative
Reorganization Act of 1946 (60 Stat. 812), which consolidated in this
Committee the jurisdictions of the former Committees on Mines and Mining
(created in 1865) (IV, 4223), Insular Affairs (created in 1899) (IV,
4213), Irrigation and Reclamation (created in 1893) (IV, 4307), Indian
Affairs (created in 1821) (IV, 4204), and territories (created in 1825)
(IV, 4208), though vesting the subject of welfare of men working in
mines, formerly under the jurisdiction of the Committee on Mines and
Mining, in the Committee on Education and Labor (now Education and the
Workforce). Until the Reorganization Act, military parks, battlefields,
and national cemeteries were under jurisdiction of the Committee on
Military Affairs. Jurisdiction over cemeteries of the United States in
which veterans may be buried, except those administered by the Secretary
of the Interior, was transferred to the Committee on Veterans' Affairs
in the 90th Congress (H. Res. 241, Oct. 20, 1967).
In Committee Reform Amendments of 1974, effective January 3, 1975, the
Committee gained jurisdiction over parks within the District of
Columbia, formerly within the jurisdiction of the Committee on Public
Works and Transportation (now Transportation and Infrastructure)
(subpara. (10)), and lost specific jurisdiction over Indian education
and over Hawaii and Alaska, generally (H. Res. 988, 93d Cong., Oct. 8,
1974, p. 34470). By that same resolution, the Committee was given
special oversight functions in clause 3.
The 104th Congress expanded the jurisdiction of the Committee by:
adding subparagraphs (1), (5), (15), and (16) to reflect the transfer of
those matters from the former Committee on Merchant Marine and
Fisheries; inserting the subject of monuments in memory of individuals
in subparagraph (10) to reflect the transfer of that matter from the
Committee on House Administration; adding subparagraph (21), an
exceptional treatment of pipeline jurisdiction otherwise vested in the
Committee on Transportation and Infrastructure; and deleting the subject
of regulation of the domestic nuclear energy industry to reflect the
transfer of that jurisdiction, which this Committee had acquired when
the 95th Congress abolished the Joint Committee on Atomic Energy (H.
Res. 5, Jan. 4, 1977, pp. 53-70) and which it shared with the Committee
on Energy and Commerce, to the Committee on Energy and Commerce (sec.
202(a), H. Res. 6, Jan. 4, 1995, p. 464). At the same time, the
statements of special oversight functions formerly found in this
paragraph and in former paragraph (e) of this clause were adjusted to
reflect the transfer of nonmilitary nuclear energy and research and
development including disposal of nuclear waste from this Committee to
the Committee on Energy and Commerce, though conforming changes in
former paragraphs (e) and (h) of clause 3 were inadvertently omitted.
Clerical and stylistic changes were effected when the House recodified
its rules in the 106th Congress, (H. Res. 5, Jan. 6, 1999, p. ----).
[[Page 446]]
The Committee reports on subjects relating to the mineral resources of
the public lands (IV, 4202), forfeiture of land grants and alien
ownership (IV, 4201), validation of certain conveyances of erstwhile
public lands by a railway company (July 11, 1995, p. 18397), public
lands of Alaska (IV, 4196), forest reserves (IV, 4197), and national
parks created out of the public domain (IV, 4199; VII, 1925), including
measures relating to criminal trespass provisions applying only within
national forests created from the public domain (July 18, 1977, p.
23434); to admission of States (IV, 4208); to preservation of
prehistoric ruins and objects of interest on the public domain (IV,
4199); and sometimes to projects of general legislation relating to
various classes of land claims (IV, 4203). The Committee also has
jurisdiction over bills relating to proceeds from disposal of oil shale
on public lands (other than naval oil shale reserves) (Aug. 3, 1967, p.
21179); bills to exclude certain lands in the Outer Continental Shelf
from mineral leasing provisions of the Outer Continental Shelf Lands Act
(May 16, 1963, p. 8777); bills reinstating a U.S. oil and gas lease
(Aug. 5, 1959, p. 15190); bills addressing U.S. claims to lands along
the Colorado River forming state boundaries (June 28, 1967, p. 17738);
bills designating national forest lands created from the public domain
as wilderness (May 6, 1969, p. 11459); bills including additional units
in the Missouri River Basin project (Sept. 8, 1959, p. 18587); bills
establishing a commission on development of Pennsylvania Avenue in D.C.
as a national historic site (Oct. 21, 1965, p. 27803); bills authorizing
the Secretary of the Interior to conduct a feasibility investigation of
potential water resource development (May 1, 1975, p. 12764); bills to
establish a commission to consider the creation of a (Hudson) River
compact (July 21, 1975, p. 23653); bills to name a building constructed
as part of a Federal recreation area (June 8, 1988, p. 13803); bills
addressing the siting on Federal parkland of an established national
memorial (Sept. 24, 1991, p. 23731); and (with the Committee on
Agriculture) bills exchanging a Federal tree nursery for certain State
mining patents touching a western forest (Sept. 17, 1991, p. 23193). The
Committee on National Security (now Armed Services), and not this
Committee, has jurisdiction over the transfer of military property to a
State to be designated by the State as a wilderness area (Nov. 15, 1995,
p. 32627). The Committee on Agriculture, and not this Committee, has
jurisdiction over the designation of an agricultural research center
(May 14, 1996, p. 11070). The Committee on Education and the Workforce,
and not this Committee, has jurisdiction over a bill amending the Native
American Programs Act of 1974 (an Indian education matter) (Oct. 30,
1997, p. ----).
The authority of the Committee to report as privileged bills for the
forfeiture of land grants to railroad and other corporations, bills
preventing speculation in the public lands, bills for the preservation
of the public lands for the benefit of actual and bona fide settlers,
and bills for the admission of new States was eliminated in the
Committee Reform Amendments of 1974, effective January 3, 1975 (H. Res.
988, 93d Cong., Oct. 8, 1974, p. 34470).
[[Page 447]]
(m) Committee on Rules.
(1) <> Rules and joint rules (other than
those relating to the Code of Official Conduct) and the order of
business of the House.
(2) Recesses and final adjournments of Congress.
This Committee, which had existed as a select committee from 1789,
became a standing committee in 1880 (IV, 4321; VII, 2047). The
jurisdiction defined in this paragraph became effective January 2, 1947,
as a part of the Legislative Reorganization Act of 1946 (60 Stat. 812).
Clerical and stylistic changes were effected when the House recodified
its rules in the 106th Congress, including the deletion of a redundant
undesignated pararaph permitting the Committee to sit during sessions of
the House (H. Res. 5, Jan. 6, 1999, p. ----). That undesignated
paragraph, originally designated as subparagraph (3) (H. Res. 5, Jan. 5,
1993, p. 49), was derived from section 134(c) of the Legislative
Reorganization Act of 1946, even though the Committee had authority to
sit during sessions of the House since 1893 (IV, 4546). Effective
January 3, 1975, however, the authority for all committees to sit and
act whether the House is in session or has adjourned rendered this
provision obsolete (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470).
The Speaker was first made a member of the Committee in 1858 (IV,
4321), and ceased to be a member on March 19, 1910 (VII, 2047). However,
the Legislative Reorganization Act of 1946 deleted from the former rule
the prohibition against the Speaker serving on the Committee. The size
of the Committee was increased from 12 to 15 members for the 87th
Congress (Jan. 31, 1961, p. 1589), and the increase in the Committee's
size was incorporated as a part of the rules in the 88th Congress (Jan.
9, 1963, p. 14). Effective January 3, 1975, however, the rules were
amended to eliminate prescriptions of committee sizes (H. Res. 988, 93d
Cong., Oct. 8, 1974, p. 34470), and in the 94th through the 98th
Congresses 16 Members were named to the Committee on nominations from
the respective party caucuses (see, e.g., H. Res. 76, Jan. 20, 1975, p.
803; H. Res. 101, Jan. 28, 1975, p. 1611), and in the 99th through 101st
Congresses, 13 Members were named to the Committee on nominations from
the respective party caucuses (see, e.g., H. Res. 34, 35, Jan. 30, 1985,
pp. 1271, 1273).
The subject of recesses and adjournments was formerly under the
jurisdiction of the Committee on Ways and Means. In section 402(b) of
the Congressional Budget Act of 1974 (P.L. 93-344, July 12, 1974), the
Committee was given specific authority to report emergency waivers of
the required reporting date for bills and resolutions authorizing new
budget authority. That authority was incorporated into this rule,
effective January
[[Page 448]]
3, 1975 (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470), but was
repealed as obsolete in the 102d Congress (H. Res. 5, Jan. 3, 1991, p.
39). Jurisdiction over rules relating to official conduct and financial
disclosure was transferred to the Committee on Standards of Official
Conduct on April 3, 1968 (H. Res. 1099, 90th Cong.), but in the 95th
Congress, jurisdiction over rules relating to financial disclosure by
Members, officers, and employees of the House was returned to this
Committee (H. Res. 5, Jan. 4, 1977, pp. 53-70).
The jurisdiction of this Committee is primarily over propositions to
make or change the rules (V, 6770, 6776; VII, 2047), for the creation of
committees (IV, 4322; VII, 2048), and directing them to make
investigations (IV, 4322-4324; VII, 2048). Effective January 3, 1975,
however, the authority for all committees to conduct investigations and
studies was made a part of the standing rules (clause 1(b) of rule XI),
as was the authority to issue subpoenas (clause 2(m) of rule XI) (H.
Res. 988, 93d Cong., Oct. 8, 1974, p. 34470). The Committee also reports
resolutions relating to the hour of daily meeting and the days on which
the House shall sit (IV, 4325), and orders relating to the use of the
galleries during the electoral count (IV, 4327). The chairman of the
Committee on the Budget inserted in the Congressional Record a
Memorandum of Understanding between this Committee and the Committee on
the Budget to clarify each Committee's jurisdiction over the
congressional budget process (Jan. 4, 1995, p. 617). The Committee on
the Budget has primary jurisdiction, and this Committee has additional
jurisdiction, over a bill amending the Budget Act to establish new
legislative points of order and directing that the President include a
specified matter with his budget (Feb. 14, 2001, p. ----).
Since <> 1883 the
Committee on Rules has reported special orders providing times and
methods for consideration of special bills or classes of bills, thereby
enabling the House by majority vote to forward particular legislation,
instead of being forced to use for the purpose the motion to suspend the
rules, which requires a two-thirds vote (IV, 3152; V, 6870; for forms
of, IV, 3238-3263).
Special orders may still be made by suspension of the rules (IV, 3154)
or by unanimous consent (IV, 3165, 3166; VII, 758); but it is not in
order, by motion in the House, to provide that a subject be made a
special order by a motion to postpone to a day certain (IV, 3164).
Before the adoption of rules, and consequently before there is a rule as
to the order of business, the Speaker may recognize a Member to offer by
direction of the caucus of the majority party for immediate
consideration a special order providing for the consideration in the
House of a subsequent resolution to adopt rules for the new Congress (H.
Res. 5, Jan. 4, 1995, p. 447). A special order reported by the Committee
on Rules must be agreed to by a majority vote of the House (IV, 3169).
It is not in order to move to postpone a special order providing for
the consideration of a class of bills (V, 4958), but a bill which comes
before the House by the terms of a special order merely assigning the
day for
[[Page 449]]
its consideration may be postponed by a majority vote (IV, 3177-3182). A
motion to rescind a special order is not privileged under the rules
regulating the order of business (IV, 3173, 3174; V, 5323).
A motion to amend the rules of the House does not present a question
of privilege (VIII, 3377, overruling VIII, 3376; see also rule IX and
Sec. 706, supra), and it is not in order by raising a question of the
privileges of the House under rule IX to move to direct the Committee on
Rules to consider a request to report a special order of business
(Speaker Albert, June 27, 1974, p. 21599), or to direct the Committee on
Rules to meet, to elect a temporary chairman (in the temporary absence
of the chairman) and consider special orders of business (Speaker
Albert, July 31, 1975, p. 26250).
For further discussion of the Committee on Rules, see Sec. Sec. 857-
859, infra.
(n) Committee on Science.
(1) <> All energy research, development,
and demonstration, and projects therefor, and all federally owned or
operated nonmilitary energy laboratories.
(2) Astronautical research and development, including resources,
personnel, equipment, and facilities.
(3) Civil aviation research and development.
(4) Environmental research and development.
(5) Marine research.
(6) Commercial application of energy technology.
(7) National Institute of Standards and Technology,
standardization of weights and measures, and the metric system.
(8) National Aeronautics and Space Administration.
(9) National Space Council.
(10) National Science Foundation.
(11) National Weather Service.
[[Page 450]]
(12) Outer space, including exploration and control thereof.
(13) Science scholarships.
(14) Scientific research, development, and demonstration, and
projects therefor.
The standing Committee on Science and Astronautics was established in
the 85th Congress and given jurisdiction formerly vested in a Select
Committee on Astronautics and Space Exploration established a few months
earlier (Mar. 5, 1958, p. 3443), as well as the former jurisdiction of
the Committee on Interstate and Foreign Commerce (now Energy and
Commerce) over the Bureau of Standards (now the National Institute of
Standards and Technology) and science scholarships (July 21, 1958, p.
14513). By the Committee Reform Amendments of 1974, effective January 3,
1975, the Committee was redesignated as the Committee on Science and
Technology and given additional jurisdiction over civil aviation
research and development, environmental research and development,
nonnuclear energy research and development, and the National Weather
Service (now part of the National Oceanic and Atmospheric
Administration) (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470). At the
same time the Committee was given the general and special oversight
functions set forth in clause 2(b) and former clause 3(f) (current
clause 3(j)). When the House abolished the Joint Committee on Atomic
Energy in the 95th Congress, this Committee was given jurisdiction over
nuclear research and development, as well (H. Res. 5, Jan. 4, 1977, pp.
53-70). Its jurisdiction over energy research and development (now
subpara. (1)) was amended in the 96th Congress, effective January 3,
1981, to specifically include energy demonstration projects and
federally owned nonmilitary energy laboratories (H. Res. 549, Mar. 25,
1980, pp. 6405-10). In the 100th Congress, the Committee was
redesignated as the Committee on Science, Space, and Technology (H. Res.
5, Jan. 6, 1987, p. 6). In the 103d Congress the jurisdictional
statement of the Committee was updated to reflect the renaming of
executive branch entities (H. Res. 5, Jan. 5, 1993, p. 49). The 104th
Congress again renamed the Committee as the Committee on Science and
expanded its jurisdiction by adding subparagraph (5), from the former
Committee on Merchant Marine and Fisheries, and subparagraph (6), from
the Committee on Energy and Commerce (sec. 202(a), H. Res. 6, Jan. 4,
1995, p. 464). Clerical and stylistic changes were effected when the
House recodified its rules in the 106th Congress, including the deletion
of a redundant undesignated recitation of general and special oversight
functions (H. Res. 5, Jan. 6, 1999, p. ----).
The Committee has jurisdiction over proposals dealing with U.S.
participation in the World Science Pan-Pacific Exposition (June 24,
1959, p. 11810); over a resolution condemning Soviet Union internal
exile of an individual, and recommending that Government agencies
including NASA,
[[Page 451]]
the National Bureau of Standards and the National Science Foundation
defer official travel to that country (Jan. 30, 1980, p. 1320); with the
Committees on Armed Services and Interior and Insular Affairs (now
Resources), over bills to test the commercial viability of oil shale
technologies within the naval oil shale reserves or on other public
lands (Sept. 26, 1978, p. 31623); and with four other committees over a
bill coordinating Federal agencies' research into ground water
contamination, including that done by the Environmental Protection
Agency (Mar. 15, 1989, p. 4163).
(o) Committee on Small Business.
(1) <> Assistance to and
protection of small business, including financial aid, regulatory
flexibility, and paperwork reduction.
(2) Participation of small-business enterprises in Federal
procurement and Government contracts.
A Select Committee on Small Business was first established in the 77th
Congress (H. Res. 294, pp. 9418-28) and was reconstituted each Congress
thereafter by resolution reported from the Committee on Rules until made
permanent in the 92d Congress (H. Res. 5, Jan. 22, 1971, p. 144).
The Committee Reform Amendments of 1974 established a standing
Committee on Small Business, effective January 3, 1975, and vested it
with legislative jurisdiction formerly held by the Committee on Banking
and Currency (now Financial Services) (subpara. (1)) and the Committee
on the Judiciary (subpara. (2)) (H. Res. 988, 93d Cong., Oct. 8, 1974,
p. 34470). At the same time the general and special oversight functions
were set forth in clause 2(b) and in former clause 3(g) (current clause
3(k)). The 104th Congress expanded the jurisdiction of the Committee
over assistance to and protection of small business by inserting the
references to regulatory flexibility and paperwork reduction in
subparagraph (1) (sec. 202(a), H. Res. 6, Jan. 4, 1995, p. 464; see also
Feb. 9, 1995, p. 4328) and later effected a technical correction (H.
Res. 254, Nov. 30, 1995, p. 35077). Clerical and stylistic changes were
effected when the House recodified its rules in the 106th Congress,
including the deletion of a redundant undesignated recitation of general
and special oversight functions (H. Res. 5, Jan. 6, 1999, p. ----).
(p) Committee on Standards of Official Conduct.
The Code of Official Conduct.
[[Page 452]]
In <> the 90th
Congress the Committee on Standards of Official Conduct was established
as a standing committee (H. Res. 418, Apr. 13, 1967, p. 9425). Its
precursor was the Select Committee on Standards and Conduct, created in
the 89th Congress (H. Res. 1013, Oct. 19, 1966, pp. 27713-30). At
various times in its history, the legislative jurisdiction of the
Committee has included jurisdiction over measures relating to (1)
financial disclosure by Members, officers, and employees of the House
(H. Res. 1099, 90th Cong., Apr. 3, 1968, p. 8776); (2) the raising,
reporting, and use of campaign contributions for candidates for the
House (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470); and (3) lobbying
activities (H. Res. 1031, 91st Cong., July 8, 1970, p. 23141). However,
legislative jurisdiction over measures relating to financial disclosure
was transferred to the Committee on Rules in the 95th Congress (H. Res.
5, Jan. 4, 1977, pp. 53-70); legislative jurisdiction over measures
relating to campaign contributions for candidates for the House was
transferred to House Administration, and legislative jurisdiction over
measures relating to lobbying activities was removed from the Committee
(thereby devolving on the Committee on the Judiciary) in the 94th
Congress (H. Res. 5, Jan. 14, 1975, p. 20). Clerical and stylistic
changes were effected when the House recodified its rules in the 106th
Congress, including the deletion of a redundant undesignated recitation
of general and special functions (H. Res. 5, Jan. 6, 1999, p. ----).
Two rules relating to the official conduct of Members outside the
confines of rule XXIII, the ``Code of Official Conduct,'' are as
follows: rule XXIV, limitations on use of official funds, and rule XXV,
limitations on outside earned income and acceptance of gifts.
Under clause 5(a) of rule XIII, the Committee is empowered to report
as privileged resolutions recommending action by the House of
Representatives with respect to the official conduct of an individual
Member, officer, or employee of the House.
In addition to its legislative jurisdiction, the Committee has the
general oversight responsibility set forth in clause 2(b) and the
additional functions of conducting the investigations and making the
reports and recommendations required by clause 5 of rule XIII or by
resolution of the House (see, e.g., H. Res. 252, 95th Cong., Feb. 9,
1977, pp. 3966-75, directing investigation of gifts from Korean
Government; H. Res. 1042, 94th Cong., Feb. 16, 1976, pp. 3158-61,
directing investigation of unauthorized publication of report of Select
Committee on Intelligence; and H. Res. 608, 96th Cong., Mar. 27, 1980,
pp. 6995-98, relating to ``Abscam'').
The Committee has investigated roll call procedures in the House and
recommended installation of a modernized voting system (June 19, 1969,
p. 16629). In the 95th Congress the Committee was authorized by section
515 of Public Law 95-105 to act as the ``employing agency'' for the
House of Representatives under the Foreign Gifts and Decorations Act,
and the Committee promulgated regulations under that statute concerning
acceptance of foreign gifts and decorations by Members and employees
(Jan. 23,
[[Page 453]]
1978, p. 452). In the 96th Congress the Committee was assigned as
additional responsibilities the functions designated in title I of the
Ethics in Government Act of 1978 (P.L. 95-521) relating to the
administration of government ethics laws as they apply to Members,
officers, and employees of the House (H. Res. 5, Jan. 15, 1979, p. 7).
In the 102d Congress those responsibilities were enlarged to include
also the functions designated in title V of the Act and the specified
sections of title 5, United States Code (H. Res. 5, Jan. 3, 1991, p.
39).
The Committee has compiled statutory and rule-based ethical standards
in the House Ethics Manual (102d Cong., 2d Sess.). In the Manual, the
Committee incorporates its advisory opinions issued under clause 3(a)(4)
of rule XI, together with advisory opinions issued by the former Select
Committee on Ethics, in its discussions of various ethical issues,
including gifts, outside income, financial disclosure, staff rights and
duties, official allowances and franking, casework considerations,
campaign financing and practices, and involvement with official and
unofficial organizations. The committee has also compiled a complete
statement of the rules on gifts and travel, which supersedes Chapter 2
of the 1992 House Ethics Manual (Gifts and Travel, 106th Cong., 2d
Sess.).
In the 95th <> Congress, the House established a Select Committee on Ethics
and granted it exclusive legislative jurisdiction over bills that
incorporated into permanent law provisions of House rules addressing
financial ethics of Members, officers, and employees (H. Res. 383, Mar.
9, 1977, pp. 6811-16). The Select Committee was also granted
jurisdiction to promulgate implementing regulations and to issue
advisory opinions. The resolution creating the Select Committee provided
that it would expire on December 31, 1977, but the Committee and its
functions ultimately were extended through the completion of its
official business (H. Res. 871, Oct. 31, 1977, p. 35957). The advisory
opinions compiled by the former Select Committee on Ethics have been
incorporated in the House Ethics Manual (102d Cong., 2d Sess.).
In the 105th Congress a new subparagraph (3) was added at the end of
former clause 4(e) of rule X to establish a Select Committee on Ethics
only to resolve an inquiry originally undertaken by the standing
Committee on Standards of Official Conduct in the 104th Congress (H.
Res. 5, Jan. 7, 1997, p. ----). The Select Committee filed one report to
the House (H. Rept. 105-1, H. Res. 31, Jan. 21, 1997, p. ----).
(q) Committee on Transportation and Infrastructure.
(1) <> Coast
Guard, including lifesaving service, lighthouses, lightships, ocean
derelicts, and the Coast Guard Academy.
[[Page 454]]
(2) Federal management of emergencies and natural disasters.
(3) Flood control and improvement of rivers and harbors.
(4) Inland waterways.
(5) Inspection of merchant marine vessels, lights and signals,
lifesaving equipment, and fire protection on such vessels.
(6) Navigation and laws relating thereto, including pilotage.
(7) Registering and licensing of vessels and small boats.
(8) Rules and international arrangements to prevent collisions at
sea.
(9) The Capitol Building and the Senate and House Office
Buildings.
(10) Construction or maintenance of roads and post roads (other
than appropriations therefor).
(11) Construction or reconstruction, maintenance, and care of
buildings and grounds of the Botanic Garden, the Library of Congress,
and the Smithsonian Institution.
(12) Merchant marine (except for national security aspects
thereof).
(13) Purchase of sites and construction of post offices,
customhouses, Federal courthouses, and Government buildings within the
District of Columbia.
(14) Oil and other pollution of navigable waters, including
inland, coastal, and ocean waters.
[[Page 455]]
(15) Marine affairs, including coastal zone management, as they
relate to oil and other pollution of navigable waters.
(16) Public buildings and occupied or improved grounds of the
United States generally.
(17) Public works for the benefit of navigation, including bridges
and dams (other than international bridges and dams).
(18) Related transportation regulatory agencies.
(19) Roads and the safety thereof.
(20) Transportation, including civil aviation, railroads, water
transportation, transportation safety (except automobile safety),
transportation infrastructure, transportation labor, and railroad
retirement and unemployment (except revenue measures related thereto).
(21) Water power.
The Committee was created effective January 2, 1947, as a part of the
Legislative Reorganization Act of 1946 (60 Stat. 812), combining the
Committees on Flood Control (created in 1916) (VII, 2069), Public
Buildings and Grounds (created in 1837) (IV, 4231), Rivers and Harbors
(created in 1883) (IV, 4118)), and Roads (created in 1913) (VII, 2065).
The authority of the Committee to report as privileged bills authorizing
the improvement of rivers and harbors was eliminated by the Committee
Reform Amendments of 1974, effective January 3, 1975 (H. Res. 988, 93d
Cong., Oct. 8, 1974, p. 34470). At the same time the Committee's
jurisdiction over parks in the District of Columbia was transferred to
the Committee on Interior and Insular Affairs (now Resources); and it
gained jurisdiction over transportation, including civil aviation
(except railroads, railroad labor, and railroad pensions), over roads
and the safety thereof, over water transportation subject to the
jurisdiction of the Interstate Commerce Commission, and over related
transportation regulatory agencies with certain exceptions. The 104th
Congress changed the name of the Committee from Public Works and
Transportation to Transportation and Infrastructure and expanded its
jurisdiction by: adding subparagraphs (1), (6)-(8), (12), and (15) to
reflect the transfer of those matters from the former Committee on
Merchant Marine and Fisheries; adding subparagraph (4) and enlarging
subparagraph (20) to reflect the transfer of those matters from the Com
[[Page 456]]
mittee on Energy and Commerce; and adding subparagraph (2) and inserting
the reference to inland, coastal, and ocean waters in subparagraph (14),
as clarifying consolidations of formerly fractionalized subjects (sec.
202(a), H. Res. 6, Jan. 4, 1995, p. 464). Clerical and stylistic changes
were effected when the House recodified its rules in the 106th Congress.
The 106th Congress also adopted a substantive amendment to this
provision deleting the prohibition against including a provision for a
specific road in a bill providing for another specific road or in a
general road bill (H. Res. 5, Jan. 6, 1999, p. ----).
The Committee has jurisdiction over proposals establishing Treasury
revolving funds for the Southeastern and Southwestern Power
Administrations (July 2, 1959, p. 12629); directing the Secretary of the
Army to provide school facilities for dependents of Corps of Engineers
construction workers (June 17, 1968, p. 17429); conveying Corps of
Engineers flood-control project lands (July 15, 1965, p. 17002) or
naming reservoirs within such projects (Oct. 3, 1989, p. 22770) or
allocating or limiting water use therefrom (Feb. 28, 1990, p. 2893);
directing the Secretary of the Army to renew the license of an American
Legion Post to use a parcel of land on a Corps of Engineer project (May
10, 1988, p. 10282); authorizing construction of an annex to the
National Gallery of Art by the Smithsonian Institution (Apr. 10, 1968,
p. 9553); addressing the location and development of the J. F. Kennedy
Center for the Performing Arts (Sept. 15, 1965, p. 23927; Oct. 21, 1965,
p. 27803); transferring land under the control of the Corps of Engineers
to Indian tribes (Jan. 29, 1976, p. 1577); amending the Interstate
Commerce Act to regulate truck transportation (Feb. 24, 1976, p. 4109;
Mar. 1, 1979, p. 3754); concerning the treatment of a U.S. air freight
carrier by the Japanese Ministry of Transport pursuant to an
understanding negotiated under the International Air Transportation
Competition Act of 1979 (not a Trade Act matter) (July 28, 1988, p.
19536); and over an executive communication amending Public Law 90-553,
reported by the Committee, to authorize the transfer, conveyance, lease
and improvement of, and construction on, certain property in the
District of Columbia, for use as a headquarters site for an
international organization, as sites for governments of foreign
countries (Sept. 10, 1981, p. 20598). The Committee on Government Reform
and Oversight (now Government Reform), and not this Committee, has
jurisdiction over a bill renaming an existing post office building (Aug.
4, 1995, p. 22085; Oct. 1, 1998, p. ----) and renaming an existing post
office building that also housed a courthouse (Sept. 14, 2000, p. ----).
However, this Committee, and not the Committee on Government Reform and
Oversight (now Government Reform), has jurisdiction over a bill
redesignating a general-purpose Federal building as a post office (Apr.
24, 1997, p. ----). This Committee, and not the Committee on Ways and
Means, has jurisdiction over a bill designating a customs building (Dec.
12, 1995, p. 36165). The Committee on Resources, and not this Committee,
has jurisdiction over a bill to validate certain conveyances of
erstwhile public lands by a railway company
[[Page 457]]
(July 11, 1995, p. 18397). The Committee on Government Reform, and not
this Committee, has jurisdiction over a bill transferring real property
administered by the Coast Guard where the bill explicitly waives the
Federal Property and Administrative Services Act and directs the
Administrator of General Services to convey the property (Oct. 2, 1998,
p. ----).
The Committee has shared jurisdiction: with the Committee on Energy
and Commerce over a bill amending the Solid Waste Disposal Act to
provide for the cleanup of hazardous waste sites or discharges
presenting a threat to human health and the environment, including
navigable waters (Mar. 21, 1984, p. 6186); with the Committee on
Government Operations (now Government Reform) over a bill to require the
Administrator of General Services to convey certain real property (a
Federal building) to the Museum for the American Indian and providing
for renovation and alteration of the property (Oct. 28, 1987, p. 29685);
with the Committee on House Administration over a bill authorizing the
Smithsonian Institution to construct, expand, and renovate facilities at
the Cooper-Hewitt Museum in New York (July 21, 1987, p. 20309), and over
a bill authorizing appropriations to plan, design, construct, and equip
museum space for the Smithsonian (July 18, 1991, p. 18830); with several
other committees over bills to convert from a defense economy by, inter
alia, authorizing economic assistance for public works and economic
development (June 24, 1991, p. 16021; June 11, 1992, p. 14470); and with
the Committee on Education and Labor (now Education and the Workforce)
over bills providing labor protections to workers, including airline
employees, in the transportation industry (June 24, 1991, p. 16020; Feb.
24, 1993, p. 3577).
In the 101st Congress, the Committee reported a bill requiring a
cooling-off period in a labor-management dispute between an airline and
its unions under the Railway Labor Act (H.R. 1231, Mar. 13, 1989, p.
4032).
(r) Committee on Veterans' Affairs.
(1) Veterans' measures generally.
(2) <> Cemeteries of the
United States in which veterans of any war or conflict are or may be
buried, whether in the United States or abroad (except cemeteries
administered by the Secretary of the Interior).
(3) Compensation, vocational rehabilitation, and education of
veterans.
(4) Life insurance issued by the Government on account of service
in the Armed Forces.
(5) Pensions of all the wars of the United States, general and
special.
[[Page 458]]
(6) Readjustment of servicemen to civil life.
(7) Soldiers' and sailors' civil relief.
(8) Veterans' hospitals, medical care, and treatment of veterans.
This Committee was established January 2, 1947, as a part of the
Legislative Reorganization Act of 1946 (60 Stat. 812), and was vested
with jurisdiction formerly exercised by the Committees on World War
Veterans' Legislation (VII, 2077); Invalid Pensions (IV, 4258); and
Pensions (IV, 4260). Jurisdiction over veterans' cemeteries administered
by the Department of Defense was transferred from the Committee on
Interior and Insular Affairs (now Resources) in the 90th Congress (H.
Res. 241, Oct. 20, 1967, p. 29560). Vocational rehabilitation, except
that pertaining to veterans, is under the jurisdiction of the Committee
on Education and the Workforce. The Committee has jurisdiction over
bills to amend the Soldiers and Sailors Civil Relief Act of 1940 to
permit certain declarations of fact in lieu of affidavits (Feb. 4, 1959,
p. 1812), and over bills to amend the Servicemen's and Veterans'
Survivor Benefits Act relating to service-connected deaths of retired
members of the uniformed services (May 18, 1959, p. 8273). Clerical and
stylistic changes were effected when the House recodified its rules in
the 106th Congress (H. Res. 5, Jan. 6, 1999, p. ----).
(s) Committee on Ways and Means.
(1) <> Customs, collection
districts, and ports of entry and delivery.
(2) Reciprocal trade agreements.
(3) Revenue measures generally.
(4) Revenue measures relating to insular possessions.
(5) Bonded debt of the United States, subject to the last sentence
of clause 4(f).
(6) Deposit of public monies.
(7) Transportation of dutiable goods.
(8) Tax exempt foundations and charitable trusts.
(9) National social security (except health care and facilities
programs that are supported from general revenues as opposed to
[[Page 459]]
payroll deductions and except work incentive programs).
A select Committee on Ways and Means dates from 1789. It was made a
standing committee in 1802. Originally it considered both revenue and
appropriations, but in 1865 the appropriation bills were given to the
Committee on Appropriations and certain other bills to the Committee on
Banking and Currency (now Financial Services) (IV, 4020). Its
jurisdiction was also amended on April 5, 1911 (p. 58), and further
defined in the Legislative Reorganization Act of 1946 (60 Stat. 812),
which transferred the subject of recesses and final adjournments from
this Committee to the Committee on Rules.
By the Committee Reform Amendments of 1974, effective January 3, 1975,
the Committee gained legislative jurisdiction over tax exempt
foundations and charitable trusts (subpara. (8)), formerly within the
jurisdiction of the Committee on Banking and Currency (now Financial
Services), because of their impact on the economy, while it was released
from: jurisdiction over health care and facilities programs supported
from general revenues to the Committee on Energy and Commerce;
jurisdiction over work incentive programs to the Committee on Education
and Labor (now Education and the Workforce); jurisdiction over general
revenue sharing to the Committee on Government Operations (now
Government Reform); and jurisdiction over renegotiation to the Committee
on Banking, Finance and Urban Affairs (now Financial Services) (H. Res.
988, 93d Cong., Oct. 8, 1974, p. 34470).
The Committee's jurisdiction over the bonded debt of the United States
(subpara. (5)) was made subject to the last sentence of clause 4(f)
(former clause 4(g)) of rule X in the 96th Congress by Public Law 96-78
(93 Stat. 589). Clerical and stylistic changes were effected when the
House recodified its rules in the 106th Congress (H. Res. 5, Jan. 6,
1999, p. ----).
The revenue jurisdiction of the Committee extends to such subjects as
transportation of dutiable goods, collection districts, ports of entry
and delivery (IV, 4026), customs unions, reciprocity treaties (IV,
4021), revenue relations of the United States with Puerto Rico (IV,
4025), the revenue bills relating to agricultural products generally,
excepting oleomargarine (IV, 4022), and tax on cotton and grain futures.
The Committee formerly had jurisdiction as to seal herds and other
revenue-producing animals in Alaska but this jurisdiction was changed in
the 68th Congress to the former Committee on Merchant Marine and
Fisheries (VII, 1725, 1851). As exemplified by sequential referrals in
the 96th Congress, the Committee has jurisdiction of reported bills
creating major oilspill and hazardous waste trust funds in the Treasury,
funded by assessments on all quantities of oil, petrochemical
feedstocks, and other hazardous substances sold for sale, where the
scope and size of the funds and the method of assessment (similar to an
excise tax) represented the collection of general revenue to fund
particular Federal activities, a type of financing mechanism over which
[[Page 460]]
the Ways and Means Committee has traditionally exercised jurisdiction
(May 20, 1980, p. 11862).
The Committee has jurisdiction over subjects relating to the Treasury
of the United States and the deposit of the public moneys (IV, 4028),
but it failed to make good a claim to the subjects of ``national
finances'' and ``preservation of the Government credit'' (IV, 4023). The
Committee has jurisdiction over bills providing tax incentives for
persons investing in Indian property (Feb. 1, 1964, p. 1582), providing
unemployment compensation to individuals with military or Federal
service (Apr. 28, 1976, p. 11590), providing extended and increased
unemployment compensation (Apr. 16, 1975, p. 10346), and over private
bills waiving provisions of the Tariff Act to require reliquidation of
certain imported materials as duty-free (July 13, 1982, p. 16014). The
Committee on Transportation and Infrastructure, and not this Committee,
has jurisdiction over a bill to designate a customs administrative
building (Dec. 12, 1995, p. 36165). The Committee on the Budget, and not
this Committee, has jurisdiction over a bill establishing a rule of
sequestration under the Balanced Budget and Emergency Deficit Control
Act (Dec. 15, 2000, p. ----). The Committee on the Budget has primary
jurisdiction, and this Committee has additional jurisdiction, over a
bill taking Social Security trust funds off budget (Dec. 15, 2000, p. --
--).
The Committee has exercised jurisdiction, with the Committee on Energy
and Commerce, over executive communications reporting on inpatient
hospital services under title XVIII (medicare) and under title XIX
(medicaid) of the Social Security Act (Dec. 21, 1982, p. 33261); with
the Committee on Public Works and Transportation (now Transportation and
Infrastructure) over executive communications proposing draft
legislation reauthorizing the Surface Transportation Act but also
containing a revenue title raising taxes to fund surface transportation
programs (Mar. 20, 1986, p. 5804); with the former Committee on Merchant
Marine and Fisheries (succeeded by the Committee on Resources) over a
bill amending the Fishermen's Protective Act to authorize the President
to prohibit the importation of any product from a country violating an
international fishery conservation program (Mar. 21, 1989, p. 5077); and
with three other committees over a bill imposing certain international
economic sanctions including tariffs (May 27, 1992, p. 12658).
The Committee in the earlier practice reported resolutions
distributing the President's annual message (IV, 4030), but since the
first session of the 64th Congress this practice has been discontinued
(VIII, 3350).
[[Page 461]]
General oversight responsibilities
2. (a) <> The various standing
committees shall have general oversight responsibilities as provided in
paragraph (b) in order to assist the House in--
(1) its analysis, appraisal, and evaluation of--
(A) the application, administration, execution, and
effectiveness of Federal laws; and
(B) conditions and circumstances that may indicate the
necessity or desirability of enacting new or additional legislation; and
(2) its formulation, consideration, and enactment of changes in
Federal laws, and of such additional legislation as may be necessary or
appropriate.
(b)(1) In order to determine whether laws and programs addressing
subjects within the jurisdiction of a committee are being implemented
and carried out in accordance with the intent of Congress and whether
they should be continued, curtailed, or eliminated, each standing
committee (other than the Committee on Appropriations) shall review and
study on a continuing basis--
(A) the application, administration, execution, and effectiveness
of laws and programs addressing subjects within its jurisdiction;
(B) the organization and operation of Federal agencies and
entities having responsibilities for the administration and execution of
laws and programs addressing subjects within its jurisdiction;
[[Page 462]]
(C) any conditions or circumstances that may indicate the
necessity or desirability of enacting new or additional legislation
addressing subjects within its jurisdiction (whether or not a bill or
resolution has been introduced with respect thereto); and
(D) future research and forecasting on subjects within its
jurisdiction.
(2) <> Each committee to
which subparagraph (1) applies having more than 20 members shall
establish an oversight subcommittee, or require its subcommittees to
conduct oversight in their respective jurisdictions, to assist in
carrying out its responsibilities under this clause. The establishment
of an oversight subcommittee does not limit the responsibility of a
subcommittee with legislative jurisdiction in carrying out its oversight
responsibilities.
(c) Each standing committee shall review and study on a continuing
basis the impact or probable impact of tax policies affecting subjects
within its jurisdiction as described in clauses 1 and 3.
(d)(1) Not later than February 15 of the first session of a Congress,
each standing committee shall, in a meeting that is open to the public
and with a quorum present, adopt its oversight plan for that Congress.
Such plan shall be submitted simultaneously to the Committee on
Government Reform and to the Committee on House Administration. In
developing its plan each committee shall, to the maximum extent
feasible--
[[Page 463]]
(A) consult with other committees that have jurisdiction over the
same or related laws, programs, or agencies within its jurisdiction with
the objective of ensuring maximum coordination and cooperation among
committees when conducting reviews of such laws, programs, or agencies
and include in its plan an explanation of steps that have been or will
be taken to ensure such coordination and cooperation;
(B) review specific problems with Federal rules, regulations,
statutes, and court decisions that are ambiguous, arbitrary, or
nonsensical, or that impose severe financial burdens on individuals;
(C) give priority consideration to including in its plan the
review of those laws, programs, or agencies operating under permanent
budget authority or permanent statutory authority; and
(D) have a view toward ensuring that all significant laws,
programs, or agencies within its jurisdiction are subject to review
every 10 years.
(2) Not later than March 31 in the first session of a Congress, after
consultation with the Speaker, the Majority Leader, and the Minority
Leader, the Committee on Government Reform shall report to the House the
oversight plans submitted by committees together with any
recommendations that it, or the House leadership group described above,
may make to ensure the most effective coordination of oversight plans
[[Page 464]]
and otherwise to achieve the objectives of this clause.
(e) The Speaker, with the approval of the House, may appoint special
ad hoc oversight committees for the purpose of reviewing specific
matters within the jurisdiction of two or more standing committees.
Clause 2(a), and the first requirement of clause 2(b)(1) that each
standing committee shall review the application, etc. of all laws within
its jurisdiction, was originally contained in section 118(b) of the
Legislative Reorganization Act of 1970 (84 Stat. 1140) and was made part
of the standing rules on January 22, 1971 (H. Res. 5, p. 144). Effective
January 3, 1975, general oversight responsibilities set forth in the
remainder of the clause were incorporated into the rule (H. Res. 988,
93d Cong., Oct. 8, 1974, p. 34470). On January 14, 1975, the size of
those standing committees required by clause 2(b)(2) (former clause
2(b)(1)) to establish an oversight subcommittee or to require its
subcommittees to conduct oversight was increased from 15 to more than 20
(H. Res. 5, 94th Cong., p. 20). In the 100th Congress the requirement
that representatives from the Committee on Government Operations (now
Government Reform) meet with other committees at the beginning of each
Congress to discuss oversight plans and that that Committee report to
the House its oversight coordination recommendations within 60 days
after convening of the first session was deleted (H. Res. 5, Jan. 6,
1987, p. 6). The 104th Congress added the requirement that each standing
committee adopt by February 15 of the first session of a Congress its
oversight plans for that Congress, such plans to be submitted to the
Committees on Government Reform and Oversight (now Government Reform)
and House Oversight (now House Administration). The Committee on
Government Reform is required to report such plans to the House by March
31, with recommendations to ensure coordination among committees. The
104th Congress also added paragraph (e) to authorize the Speaker to
appoint special ad hoc oversight committees to review matters within the
jurisdiction of more than one standing committee (sec. 203(a), H. Res.
6, Jan. 4, 1995, p. 467). The 106th Congress deleted a provision added
in the 104th Congress making consideration of resolutions funding each
committee contingent on submission of its oversight plans to the
committees specified; deleted the exception for the Budget Committee
from the general oversight responsibilities listed in clause 2(b);
effected clerical corrections to conform references to a renamed
committee; and effected clerical and stylistic changes when the House
recodified its rules (H. Res. 5, Jan. 6, 1999, p. ----). Clause
2(d)(1)(B) was added in the 107th Congress (sec. 2(e), H. Res. 5, Jan.
3, 2001, p. ----).
[[Page 465]]
Special oversight functions
3. <> (a) The Committee on
Appropriations shall conduct such studies and examinations of the
organization and operation of executive departments and other executive
agencies (including an agency the majority of the stock of which is
owned by the United States) as it considers necessary to assist it in
the determination of matters within its jurisdiction.
(b) The Committee on the Budget shall study on a continuing basis the
effect on budget outlays of relevant existing and proposed legislation
and report the results of such studies to the House on a recurring
basis.
(c) The Committee on Energy and Commerce shall review and study on a
continuing basis laws, programs, and Government activities relating to
nuclear and other energy and nonmilitary nuclear energy research and
development including the disposal of nuclear waste.
(d) The Committee on Education and the Workforce shall review, study,
and coordinate on a continuing basis laws, programs, and Government
activities relating to domestic educational programs and institutions
and programs of student assistance within the jurisdiction of other
committees.
(e) The Committee on Government Reform shall review and study on a
continuing basis the operation of Government activities at all levels
with a view to determining their economy and efficiency.
[[Page 466]]
(f) The Committee on International Relations shall review and study on
a continuing basis laws, programs, and Government activities relating to
customs administration, intelligence activities relating to foreign
policy, international financial and monetary organizations, and
international fishing agreements.
(g) The Committee on Armed Services shall review and study on a
continuing basis laws, programs, and Government activities relating to
international arms control and disarmament and the education of military
dependents in schools.
(h) The Committee on Resources shall review and study on a continuing
basis laws, programs, and Government activities relating to Native
Americans.
(i) The Committee on Rules shall review and study on a continuing
basis the congressional budget process, and the committee shall report
its findings and recommendations to the House from time to time.
(j) The Committee on Science shall review and study on a continuing
basis laws, programs, and Government activities relating to nonmilitary
research and development.
(k) The Committee on Small Business shall study and investigate on a
continuing basis the problems of all types of small business.
(l) The Permanent Select Committee on Intelligence shall review and
study on a continuing basis laws, programs, and activities of the
intelligence community and shall review and study
[[Page 467]]
on an exclusive basis the sources and methods of entities described in
clause 11(b)(1)(A).
The oversight authority conferred on the Committee on Appropriations
in paragraph (a) (former clause 2(b)(3)) was first given that committee
on February 11, 1943 (p. 884), continued by resolution of January 9,
1945 (p. 135), and incorporated into permanent law in section 202(b) of
the Legislative Reorganization Act of 1946, and made a part of the
standing rules on January 3, 1953 (pp. 17, 24). The special oversight
responsibilities of the Committee on the Budget set forth in paragraph
(b) were made part of the rules effective July 12, 1974 by section
101(c) of the Congressional Budget Act of 1974 (88 Stat. 300). Paragraph
(c) (former paragraph (h)) was added on January 4, 1977, upon the
abolition of the legislative jurisdiction in the House of the Joint
Committee on Atomic Energy (H. Res. 5, 95th Cong., pp. 53-70). The
special oversight responsibilities of the Committee on Energy and
Commerce over nuclear energy to all energy programs became effective
January 3, 1981 (H. Res. 549, Mar. 25, 1980, pp. 6405-10). The oversight
authority conferred on the Committee on Government Operations (now
Government Reform) in paragraph (e) (former clause 2(b)(2)) was first
made effective as part of the Legislative Reorganization Act of 1946 (60
Stat. 812). In the 104th Congress conforming amendments to the special
oversight functions of the Committees on Resources and Energy and
Commerce were adopted to reflect the transfer of jurisdiction over
nonmilitary nuclear energy from the Committee on Resources to the
Committee on Commerce Energy and Commerce (H. Res. 254, Nov. 30, 1995,
p. 35077). Paragraph (i) was added by section 226 of the Balanced Budget
and Emergency Deficit Control Act of 1985 (P.L. 99-177). The remainder
of the clause became effective January 3, 1975 (H. Res. 988, 93d Cong.,
Oct. 8, 1974, p. 34470). This clause has been amended several times to
conform references to renamed committees (H. Res. 89, Feb. 5, 1979, p.
1848; H. Res. 549, Mar. 25, 1980, pp. 6405-10; H. Res. 5, Jan. 5, 1993,
p. 49; sec. 202(b), H. Res. 6, Jan. 4, 1995, p. 464; H. Res. 5, Jan. 7,
1997, p. ----; H. Res. 5, Jan. 6, 1999, p. ----). Clerical and stylistic
changes were effected when the House recodified its rules in the 106th
Congress, including the transfer to this clause of oversight functions
of the Committees on Government Reform and Appropriations found in
clause 2 (H. Res. 5, Jan. 6, 1999, p. ----). The oversight authority of
the Permanent Select Committee on Intelligence in paragraph (l) was
added in the 107th Congress (sec. 2(f), H. Res. 5, Jan. 3, 2001, p. ----
).
Section 9 of the House Administrative Reform Resolution of 1992 (H.
Res. 423, Apr. 9, 1992, p. 9040) added a paragraph in this clause
creating a bipartisan Subcommittee on Administrative Oversight of the
Committee on House Administration, to be chaired by the chairman of the
Committee on House Administration and to be composed of members of the
Committee on House Administration, one-half from the majority party and
one-half from the minority party. The paragraph was rewritten in the
103d Con
[[Page 468]]
gress to provide that the Speaker, the Majority and Minority Leaders,
and the chairman and ranking minority member of the Committee on House
Administration be informed of tie votes in that subcommittee (H. Res. 5,
Jan. 5, 1993, p. 49), but the paragraph was deleted entirely in the
104th Congress (sec. 201(d), H. Res. 6, Jan. 4, 1995, p. 463).
Additional functions of committees
4. <> (a)(1)(A) The Committee on Appropriations shall, within 30
days after the transmittal of the Budget to Congress each year, hold
hearings on the Budget as a whole with particular reference to--
(i) the basic recommendations and budgetary policies of the
President in the presentation of the Budget; and
(ii) the fiscal, financial, and economic assumptions used as bases
in arriving at total estimated expenditures and receipts.
(B) In holding hearings under subdivision (A), the committee shall
receive testimony from the Secretary of the Treasury, the Director of
the Office of Management and Budget, the Chairman of the Council of
Economic Advisers, and such other persons as the committee may desire.
(C) <> A hearing under
subdivision (A), or any part thereof, shall be held in open session,
except when the committee, in open session and with a quorum present,
determines by record vote that the testimony to be taken at that hearing
on that day may be related to a matter of national security. The
committee may by the same procedure close one subsequent day of hearing.
A transcript of all such hearings shall be printed and a copy thereof
fur
[[Page 469]]
nished to each Member, Delegate, and the Resident Commissioner.
(D) A hearing under subdivision (A), or any part thereof, may be held
before a joint meeting of the committee and the Committee on
Appropriations of the Senate in accordance with such procedures as the
two committees jointly may determine.
This part of clause 4 was originally contained in section 242(c)(1) of
the Legislative Reorganization Act of 1970 and was made part of the
standing rules in the 92d Congress (H. Res. 5, Jan. 22, 1971, p. 144).
Paragraph (a)(1)(C), requiring open hearings, was first adopted in the
93d Congress (H. Res. 259, Mar. 7, 1973, pp. 6713-20) and was amended in
the 94th Congress to limit the effect of a vote to close a hearing to
that day and one subsequent day (H. Res. 5, Jan. 14, 1975, p. 20).
Clerical and stylistic changes were effected when the House recodified
its rules in the 106th Congress (H. Res. 5, Jan. 6, 1999, p. ----).
- (2) <> Pursuant to section 401(b)(2) of the Congressional
Budget Act of 1974, when a committee reports a bill or joint resolution
that provides new entitlement authority as defined in section 3(9) of
that Act, and enactment of the bill or joint resolution, as reported,
would cause a breach of the committee's pertinent allocation of new
budget authority under section 302(a) of that Act, the bill or joint
resolution may be referred to the Committee on Appropriations with
instructions to report it with recommendations (which may include an
amendment limiting the total amount of new entitlement authority
provided in the bill or joint resolution). If the Committee on
Appropriations fails to report a bill or joint resolution so referred
within 15 calendar days (not counting any day on which the House
[[Page 470]]
is not in session), the committee automatically shall be discharged from
consideration of the bill or joint resolution, and the bill or joint
resolution shall be placed on the appropriate calendar.
(3) In addition, the Committee on Appropriations shall study on a
continuing basis those provisions of law that (on the first day of the
first fiscal year for which the congressional budget process is
effective) provide spending authority or permanent budget authority and
shall report to the House from time to time its recommendations for
terminating or modifying such provisions.
(4) In the manner provided by section 302 of the Congressional Budget
Act of 1974, the Committee on Appropriations (after consulting with the
Committee on Appropriations of the Senate) shall subdivide any
allocations made to it in the joint explanatory statement accompanying
the conference report on such concurrent resolution, and promptly report
the subdivisions to the House as soon as practicable after a concurrent
resolution on the budget for a fiscal year is agreed to.
Subparagraph (2) first became effective on July 12, 1974, by inclusion
in section 401(b)(2) of the Congressional Budget Act of 1974 (88 Stat.
317), was incorporated into the rules effective January 3, 1975 (H. Res.
988, 93d Cong., Oct. 8, 1974, p. 34470), was amended in the 95th
Congress to correct an error in cross-reference (H. Res. 5, Jan. 4,
1977, pp. 53-70), and was again amended in the 105th Congress to reflect
the repeal of the collective definition of ``new spending authority''
and the revision of various remaining parts (Budget Enforcement Act of
1997 (sec. 10116, P.L. 105-33). Subparagraph (3) was also contained in
the Congressional Budget Act of 1974 in section 402(f), and was likewise
incorporated into the rules effective January 3, 1975 (H. Res. 988, 93d
Cong., Oct. 8, 1974, p. 34470). The requirements of subparagraph (4)
(former paragraph (h)) was origi
[[Page 471]]
nally contained in section 302(b) of the Congressional Budget Act of
1974 (P.L. 93-344, July 12, 1974) and was incorporated into this rule
effective January 3, 1975 (H. Res. 988, 93d Cong., Oct. 8, 1974, p.
34470). It was amended by the Budget Enforcement Act of 1990 (tit. XIII,
P.L. 101-508) to conform to the enactment of title VI of the Budget Act.
It was again amended by the Budget Enforcement Act of 1997 (sec. 10118,
P.L. 105-33) to conform to the subsequent repeal of title VI. Clerical
and stylistic changes were effected when the House recodified its rules
in the 106th Congress, including the transfer of former paragraph (h) to
this paragraph as new subparagraph (4) (H. Res. 5, Jan. 6, 1999, p. ----
).
(b) The Committee on the Budget shall--
(1) <> review on a continuing basis the
conduct by the Congressional Budget Office of its functions and duties;
(2) hold hearings and receive testimony from Members, Senators,
Delegates, the Resident Commissioner, and such appropriate
representatives of Federal departments and agencies, the general public,
and national organizations as it considers desirable in developing
concurrent resolutions on the budget for each fiscal year;
(3) make all reports required of it by the Congressional Budget
Act of 1974;
(4) study on a continuing basis those provisions of law that
exempt Federal agencies or any of their activities or outlays from
inclusion in the Budget of the United States Government, and report to
the House from time to time its recommendations for terminating or
modifying such provisions;
(5) study on a continuing basis proposals designed to improve and
facilitate the congressional budget process, and report to the House
[[Page 472]]
from time to time the results of such studies, together with its
recommendations; and
(6) request and evaluate continuing studies of tax expenditures,
devise methods of coordinating tax expenditures, policies, and programs
with direct budget outlays, and report the results of such studies to
the House on a recurring basis.
Paragraph (b)(1) became a part of the rules on July 12, 1974 by
enactment of section 101(c) of the Congressional Budget Act of 1974 (88
Stat. 300). Subparagraph (2), contained in section 301(d) of that Act,
subparagraph (3), subparagraph (4), contained in section 606 of that
Act, and subparagraph (5), contained in section 703 of that Act, all
were made part of the rules effective January 3, 1975 (H. Res. 988, 93d
Cong., Oct. 8, 1974, p. 34470). Paragraph (b)(2) was amended in the 99th
Congress by section 232 of the Balanced Budget and Emergency Deficit
Control Act of 1985 (P.L. 99-177) to remove reference to the first
concurrent resolution on the budget. Before the House recodified its
rules in the 106th Congress, subparagraph (6) was found in former clause
1(d)(5)(C) of rule X (H. Res. 5, Jan. 6, 1999, p. ----).
(c)(1) <> The Committee on
Government Reform shall--
(A) receive and examine reports of the Comptroller General of the
United States and submit to the House such recommendations as it
considers necessary or desirable in connection with the subject matter
of the reports;
(B) evaluate the effects of laws enacted to reorganize the
legislative and executive branches of the Government; and
(C) study intergovernmental relationships between the United
States and the States and municipalities and between the United States
and international organizations of which the United States is a member.
[[Page 473]]
(2) In addition to its duties under subparagraph (1), the
Committee on Government Reform may at any time conduct investigations of
any matter without regard to clause 1, 2, 3, or this clause conferring
jurisdiction over the matter to another standing committee. The findings
and recommendations of the committee in such an investigation shall be
made available to any other standing committee having jurisdiction over
the matter involved.
Paragraph (c)(1) became effective January 2, 1947 as part of the
Legislative Reorganization Act of 1946 (60 Stat. 812). Paragraph (c)(2)
was made a function of the Committee on Government Operations (now
Government Reform) effective January 3, 1975 (H. Res. 988, 93d Cong.,
Oct. 8, 1974, p. 34470). Paragraph (c)(2) was amended in the 107th
Congress to delete the requirement that committees include oversight
findings and recommendations by the Committee on Government Reform in
their reports as was required under the former clause 3(c)(4) of rule
XIII (sec. 2(l), H. Res. 5, Jan. 3, 2001, p. ----). The Committee was
renamed in the 104th and 106th Congresses (sec. 202(b), H. Res. 6, Jan.
4, 1995, p. 464; H. Res. 5, Jan. 6, 1999, p. ----). Clerical and
stylistic changes were effected when the House recodified its rules in
the 106th Congress (H. Res. 5, Jan. 6, 1999, p. ----).
(d)(1) <> The Committee on
House Administration shall--
(A) <> provide policy
direction for the Inspector General and oversight of the Clerk,
Sergeant-at-Arms, Chief Administrative Officer, and Inspector General;
(B) <> have the function of
accepting on behalf of the House a gift, except as otherwise provided by
law, if the gift does not involve a duty, burden, or condition, or is
not made dependent on some future performance by the House; and
[[Page 474]]
(C) promulgate regulations to carry out subdivision (B).
(2) <> An employing
office of the House may enter into a settlement of a complaint under the
Congressional Accountability Act of 1995 that provides for the payment
of funds only after receiving the joint approval of the chairman and
ranking minority member of the Committee on House Administration
concerning the amount of such payment.
The Committee's duty to arrange for memorial services of Members was
eliminated from the rules effective January 3, 1975 (H. Res. 988, 93d
Cong., Oct. 8, 1974, p. 34470). Former paragraph (d)(3) required the
Committee to provide a committee scheduling service, which was provided
through House Information Resources and was made mandatory on all
committees and subcommittees in the 97th Congress (H. Res. 5, Jan. 5,
1981, pp. 98-113). The requirement was stricken altogether when two
provisions were added by section 10 of the House Administrative Reform
Resolution of 1992 (H. Res. 423, 102d Cong., Apr. 9, 1992, p. 9040) to
ensure the orderly transfer of functions and entities from elected
officers to the Director of Non-legislative and Financial Services and
to provide for policy direction and oversight of certain administrative
officials and elected officers. However, the 107th Congress amended
clause 4(d)(1) of rule X to remove the requirement that the Committee
provide policy direction to such officials and officers except the
Inspector General (sec. 2(g), H. Res. 5, Jan. 3, 2001, p. ----). In the
104th Congress the rule was amended (1) to reflect the change in the
name of the Committee on House Administration to the Committee on House
Oversight and (2) to reflect the abolishment of the Director of Non-
legislative and Financial Services (sec. 201, H. Res. 6, Jan. 4, 1995,
p. 463). Later in the 104th Congress the provision for the acceptance of
gifts was added as paragraph (d)(3) (H. Res. 250, Nov. 16, 1995, p.
33434). In the 105th Congress paragraph (d) was redesignated as (d)(1),
its former subparagraphs (1) through (3) were redesignated as (1)(A)
through (1)(C), and a new paragraph (d)(2) was added to require approval
by the Committee for monetary settlements of certain employment claims
(H. Res. 5, Jan. 7, 1997, p. ----). The 104th Congress also prohibited
the establishment or continuation of any legislative service
organization (as that term had been understood in the 103d Congress) and
directed the Committee on House Oversight (now House Administration) to
take such steps as were necessary to ensure an orderly termination and
accounting for funds of any legislative service organization in
existence on January 3, 1995 (sec. 222, H. Res. 6, Jan. 4, 1995, p.
469). Clerical and stylistic
[[Page 475]]
changes were effected when the House recodified its rules in the 106th
Congress (H. Res. 5, Jan. 6, 1999, p. ----). The 107th Congress
transferred the Committee's responsibilities with respect to enrolled
bills (former paragraph (d)(1)(A)) to the Clerk (clause 2(d)(2) of rule
II) (sec. 2(b), H. Res. 5, Jan. 3, 2001, p. ----).
(e)(1) <> Each standing
committee shall, in its consideration of all public bills and public
joint resolutions within its jurisdiction, ensure that appropriations
for continuing programs and activities of the Federal Government and the
government of the District of Columbia will be made annually to the
maximum extent feasible and consistent with the nature, requirement, and
objective of the programs and activities involved. In this subparagraph
programs and activities of the Federal Government and the government of
the District of Columbia includes programs and activities of any
department, agency, establishment, wholly owned Government corporation,
or instrumentality of the Federal Government or of the government of the
District of Columbia.
(2) Each standing committee shall review from time to time each
continuing program within its jurisdiction for which appropriations are
not made annually to ascertain whether the program should be modified to
provide for annual appropriations.
The provisions of this paragraph derive from section 253(c) of the
Legislative Reorganization Act of 1970 (84 Stat. 1140), and were made
part of the rules in the 92d Congress (H. Res. 5, Jan. 22, 1971, p.
144). Clerical and stylistic changes were effected when the House
recodified its rules in the 106th Congress (H. Res. 5, Jan. 6, 1999, p.
----).
[[Page 476]]
Budget Act responsibilities
(f)(1) <> Each standing
committee shall submit to the Committee on the Budget not later than six
weeks after the President submits his budget, or at such time as the
Committee on the Budget may request--
(A) its views and estimates with respect to all matters to be set
forth in the concurrent resolution on the budget for the ensuing fiscal
year that are within its jurisdiction or functions; and
(B) an estimate of the total amounts of new budget authority, and
budget outlays resulting therefrom, to be provided or authorized in all
bills and resolutions within its jurisdiction that it intends to be
effective during that fiscal year.
(2) The views and estimates submitted by the Committee on Ways and
Means under subparagraph (1) shall include a specific recommendation,
made after holding public hearings, as to the appropriate level of the
public debt that should be set forth in the concurrent resolution on the
budget.
The requirements of paragraph (f)(1) were originally contained in
section 301(c) of the Congressional Budget Act of 1974 (P.L. 93-344,
July 12, 1974), and was incorporated into this rule effective January 3,
1975 (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470). The requirement
of paragraph (f)(2) that the Committee on Ways and Means include a
specific recommendation as to the appropriate level of the public debt
in its views and estimates submitted to the Committee on the Budget was
added in the 96th Congress by Public Law 96-78 (93 Stat. 589) and was
originally intended to apply to concurrent resolutions on the budget for
fiscal years beginning on or after October 1, 1980. However, in the 96th
Congress the provisions of that public law amending the Rules of the
House were made applicable to the third concurrent resolution on the
budget for fiscal year 1980 as
[[Page 477]]
well as the first concurrent resolution on the budget for fiscal 1981
(H. Res. 642, Apr. 23, 1980, pp. 8789-90). The deadline for submitting
views and estimates to the Budget Committee has changed several times
(Balanced Budget and Emergency Deficit Control Act of 1985, sec. 232(c),
P.L. 99-177; Budget Enforcement Act of 1997, sec. 10104, P.L. 105-33; H.
Res. 5, 106th Cong., Jan. 6, 1999, p. ----). A former paragraph
directing standing committees to submit reconciliation recommendations
to the Budget Committee was deleted in the 106th Congress (H. Res. 5,
Jan. 6, 1999, p. ----), but committees are still required to submit such
recommendations under section 310 of the Congressional Budget Act of
1974. Clerical and stylistic changes were effected when the House
recodified its rules in the 106th Congress (H. Res. 5, Jan. 6, 1999, p.
----). Paragraph (f)(2) was amended in the 107th Congress to reflect the
repeal of former rule XXIII (``Statutory Limit on Public Debt'') (sec.
2(s), H. Res. 5, Jan. 3, 2001, p. ----).
Election and membership of standing committees
5. <> (a)(1) The standing committees
specified in clause 1 shall be elected by the House within seven
calendar days after the commencement of each Congress, from nominations
submitted by the respective party caucus or conference. A resolution
proposing to change the composition of a standing committee shall be
privileged if offered by direction of the party caucus or conference
concerned.
The old rule entrusting the appointment of committees to the Speaker
was adopted in 1789 and amended in 1790 and in 1860 (IV, 4448-4476).
Committees are now elected on resolution offered from the floor (VIII,
2171) and it is in order to move the previous question on each
resolution (VIII, 2174). The resolution is not divisible (clause 5 of
rule XVI), and is privileged (VIII, 2179, 2183). The requirement that
nominations to standing committees be submitted by the respective party
caucuses was made part of the rules effective January 3, 1975, by the
Committee Reform Amendments of 1974 (H. Res. 988, 93d Cong., Oct. 8,
1974, p. 34470). That same resolution also eliminated the designations
in the rules of the numbers of Members comprising the standing
committees, thereby permitting the House to establish committee size by
the numbers of Members elected to each committee pursuant to this
paragraph. The role of the party caucuses in presenting privileged
resolutions to the House electing Members to committees is discussed in
detail in Deschler's Precedents, vol. 4, ch. 17, sec. 9.
[[Page 478]]
In the 99th Congress the requirement for early election of standing
committees within the first seven calendar days and the conferral of
privileged status on resolutions from the party caucuses to change the
composition of standing committees were added by section 227 of the
Balanced Budget and Emergency Deficit Control Act of 1985 (P.L. 99-177).
Before the House recodified its rules in the 106th Congress, this
provision was found in former clause 6 of rule X (H. Res. 5, Jan. 6,
1999, p. ----).
(2)(A) <> The Committee on
the Budget shall be composed of members as follows:
(i) Members, Delegates, or the Resident Commissioner who are
members of other standing committees, including five who are members of
the Committee on Appropriations and five who are members of the
Committee on Ways and Means;
(ii) one Member from the elected leadership of the majority party;
and
(iii) one Member from the elected leadership of the minority
party.
(B) Except as permitted by subdivision (C), a member of the Committee
on the Budget other than one from the elected leadership of a party may
not serve on the committee during more than four Congresses in a period
of six successive Congresses (disregarding for this purpose any service
for less than a full session in a Congress).
(C) A member of the Committee on the Budget who served as either the
chairman or the ranking minority member of the committee in the
immediately previous Congress and who did not serve in that respective
capacity in an earlier Congress may serve as either the chairman or
[[Page 479]]
the ranking minority member of the committee during one additional
Congress.
This paragraph (former clause 1(d) of rule X) was amended in the 96th
Congress to relax the limitation on Members' service on the Budget
Committee to three Congresses (from two) in any period of five
successive Congresses, to exempt representatives from the party
leaderships from the limitation, and to permit an incumbent chairman who
had served on the Committee for three Congresses and as chairman for not
more than one Congress to be eligible for reelection as chairman for one
additional Congress (H. Res. 5, Jan. 15, 1979, p. 8). It was again
amended in the 100th Congress to eliminate as obsolete the words
``beginning after 1974'' following ``any period of five successive
Congresses'' as a measure of permissible terms of service on the
Committee (H. Res. 5, Jan. 6, 1987, p. 6). It was further amended in the
101st Congress to permit, in that Congress only, a minority Member who
had served on the Committee for three terms to run within his party's
caucus for the position of ranking minority member and thus be able to
serve on the Committee for one additional Congress, and to permit a
Member elected as ranking minority member during his third term on the
Committee to serve one additional term on the Committee should he be
reelected as the ranking minority member (H. Res. 5, Jan. 3, 1989, p.
72). It was again amended in the 102d Congress to extend the waiver of
the tenure restriction for the ranking minority member of the Committee
(H. Res. 5, Jan. 3, 1991, p. 39), but in the 103d Congress that
provision was stricken as obsolete (H. Res. 5, Jan. 5, 1993, p. 49). In
the 104th Congress the limitation on a Member's service on the Committee
was relaxed to four Congresses (from three) in any period of six
successive Congresses, with the exception that a Member who has served
as chairman or as ranking minority member during a fourth such Congress
may serve in either capacity during a fifth, so long as he would not
thereby exceed two consecutive terms as chairman or as ranking minority
member (sec. 202(a), H. Res. 6, Jan. 4, 1995, p. 464). Before the House
recodified its rules in the 106th Congress, this provision was found in
former clause 1(d) of rule X (H. Res. 5, Jan. 6, 1999, p. ----). The
tenure limitation of clause 5(a)(2)(B) was suspended during the 106th
Congress (sec. 2(b), H. Res. 5, Jan. 6, 1999, p. ----).
In the 94th Congress the membership of the Committee was increased to
25 (from 23), with 13 (rather than 11) members elected from committees
other than Appropriations and Ways and Means (H. Res. 5, Jan. 14, 1975,
p. 20). The membership was increased again in the 97th Congress to 30,
with 28 from other standing committees and two from the respective
leaderships (H. Res. 5, Jan. 5, 1981, pp. 98-113), and again in the 98th
Congress to 31 (unanimous-consent order, Feb. 7, 1983, p. 1791). The
99th Congress amended this paragraph to remove any numerical limitation
on the membership of the Committee (H. Res. 7, Jan. 3, 1985, p. 393).
[[Page 480]]
(3)(A) <> The Committee on Standards of Official Conduct shall be
composed of 10 members, five from the majority party and five from the
minority party.
(B) Except as permitted by subdivision (C), a member of the Committee
on Standards of Official Conduct may not serve on the committee during
more than three Congresses in a period of five successive Congresses
(disregarding for this purpose any service for less than a full session
in a Congress).
(C) A member of the Committee on Standards of Official Conduct may
serve on the committee during a fourth Congress in a period of five
successive Congresses only as either the chairman or the ranking
minority member of the committee.
(4)(A) At the beginning of a Congress, the Speaker or his designee and
the Minority Leader or his designee each shall name 10 Members,
Delegates, or the Resident Commissioner from his respective party who
are not members of the Committee on Standards of Official Conduct to be
available to serve on investigative subcommittees of that committee
during that Congress. The lists of Members, Delegates, or the Resident
Commissioner so named shall be announced to the House.
(B) Whenever the chairman and the ranking minority member of the
Committee on Standards of Official Conduct jointly determine that
Members, Delegates, or the Resident Commis
[[Page 481]]
sioner named under subdivision (A) should be assigned to serve on an
investigative subcommittee of that committee, each of them shall select
an equal number of such Members, Delegates, or Resident Commissioner
from his respective party to serve on that subcommittee.
Prior to the 93d Congress, the rule that established the size of the
Committee on Standards of Official Conduct at 12 members also required
that six members be elected from the majority and six from the minority
party. Effective in the 93d Congress, the ratio of the committee was
codified in the first sentence of subparagraph (3)(A) (former clause
6(a)(2)) (H. Res. 988, Oct. 8, 1974, p. 34470). The Ethics Reform Act of
1989 added a sentence to limit service on the committee (P.L. 101-194,
Nov. 30, 1989), which was amended in the 105th and 106th Congresses
(sec. 2, H. Res. 168, Sept. 18, 1997, p. ----; H. Res. 5, Jan. 6, 1999,
p. ----). A requirement that two members from each party rotate off the
committee was adopted in the 105th Congress (sec. 2, H. Res. 168, Sept.
18, 1997, p. ----), but was deleted in the 106th Congress (H. Res. 5,
Jan. 6, 1999, p. ----). Subparagraph (4) (former clause 6(a)(3)) was
adopted in the 105th Congress (sec. 1, H. Res. 168, Sept. 18, 1997, p.
----). Before the House recodified its rules in the 106th Congress, this
provision was found in former clause 6(a) of rule X (H. Res. 5, Jan. 6,
1999, p. ----). The 106th Congress also formally reduced the size of the
committee to 10 members, which was the de facto size of the committee in
the 105th Congress even though the Ethics Reform Act of 1989 required
each party caucus to nominate seven Members (sec. 803(b), P.L. 101-194,
Nov. 30, 1989; H. Res. 5, Jan. 6, 1999, p. ----).
(b)(1) Membership on a standing committee during the course of
a <> Congress
shall be contingent on continuing membership in the party caucus or
conference that nominated the Member, Delegate, or Resident Commissioner
concerned for election to such committee. Should a Member, Delegate, or
Resident Commissioner cease to be a member of a particular party caucus
or conference, that Member, Delegate, or Resident Commissioner shall
automatically cease to be a member of each standing committee to which
he was elected on
[[Page 482]]
the basis of nomination by that caucus or conference. The chairman of
the relevant party caucus or conference shall notify the Speaker
whenever a Member, Delegate, or Resident Commissioner ceases to be a
member of that caucus or conference. The Speaker shall notify the
chairman of each affected committee that the election of such Member,
Delegate, or Resident Commissioner to the committee is automatically
vacated under this subparagraph.
(2)(A) Except as specified in subdivision (B), a Member, Delegate, or
Resident Commissioner may not serve simultaneously as a member of more
than two standing committees or more than four subcommittees of the
standing committees.
(B)(i) Ex officio service by a chairman or ranking minority member of
a committee on each of its subcommittees under a committee rule does not
count against the limitation on subcommittee service.
(ii) Service on an investigative subcommittee of the Committee on
Standards of Official Conduct under paragraph (a)(4) does not count
against the limitation on subcommittee service.
(iii) Any other exception to the limitations in subdivision (A) must
be approved by the House on the recommendation of the relevant party
caucus or conference.
(C) In this subparagraph the term ``subcommittee'' includes a panel
(other than a special oversight panel of the Committee on Armed
Services), task force, special subcommittee, or
[[Page 483]]
other subunit of a standing committee that is established for a
cumulative period longer than six months in a Congress.
The requirement that membership on standing committees be contingent
on continuing membership in a party caucus or conference, along with the
mechanism for the automatic vacating of a Member's election to committee
should his party relationship cease, was added to the rules in the 98th
Congress (H. Res. 5, Jan. 3, 1983, p. 34). The limitation on full
committee and subcommittee assignments was added in the 104th Congress
(sec. 204, H. Res. 6, Jan. 4, 1995, p. 467; see H. Res. 11, Jan. 4,
1995, p. 549). The exception for special service on an investigative
subcommittee of the Committee on Standards of Official Conduct from the
limitation on subcommittee service was added in the 105th Congress (sec.
1, H. Res. 168, Sept. 18, 1997, p. ----). A technical correction was
effected in the 106th Congress to conform references to a renamed
committee (H. Res. 5, Jan. 6, 1999, p. ----).
The Speaker lays before the House communications relative to the
removal of a Member from committee pursuant to this clause (see, e.g.,
Sept. 11, 1984, p. 24790; Feb. 22, 1989, p. 2500; May 10, 1995, p.
12396; July 19, 1999, p. ----; Feb. 1, 2000, p. ----; Sept. 13, 2000, p.
----). The Speaker also lays before the House a communication from a
Member announcing a change in his party affiliation (Sept. 13, 2000, p.
----). On one occasion there was a delay in laying the latter
communication before the House, and the House by unanimous consent
retroactively changed informational voting records from the date on the
communication (Sept. 13, 2000, p. ----). The earlier practice was, and
the most recent practice is, for the minority party to handle committee
assignments for third-party Members (VIII, 2184-2185; H. Res. 11, Jan.
4, 1995, p. 549). During the 102d and 103d Congresses, the majority
leadership took that responsibility by separate resolution for a Member
who had joined neither major party caucus (see H. Res. 45, Jan. 24,
1991, p. 2171); however, during the 104th through 107th Congresses, when
control of the House shifted, the minority leadership retained
responsibility for the committee assignments of such third-party Member.
(c)(1) <> One of the members of
each standing committee shall be elected by the House, on the nomination
of the majority party caucus or conference, as chairman thereof. In the
temporary absence of the chairman, the member next in rank (and so on,
as often as the case shall happen) shall act as
[[Page 484]]
chairman. Rank shall be determined by the order members are named in
resolutions electing them to the committee. In the case of a permanent
vacancy in the elected chairmanship of a committee, the House shall
elect another chairman.
(2) A member of a standing committee may not serve as chairman of the
same standing committee, or of the same subcommittee of a standing
committee, during more than three consecutive Congresses (disregarding
for this purpose any service for less than a full session in a
Congress).
The requirement that nominations for chairmen be submitted by the
majority party caucus was made part of the rules effective January 3,
1975 (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470). The sentence
addressing temporary and permanent vacancies in chairmanships was first
adopted on April 5, 1911 (VIII, 2201), and was continued in the
Legislative Reorganization Act of 1946 (60 Stat. 812). The 104th
Congress added the sentence setting term limits for committee and
subcommittee chairmen (sec. 103(b), H. Res. 6, Jan. 4, 1995, p. 462).
Before the House recodified its rules in the 106th Congress, this
provision was found in former clause 6(c) of rule X (H. Res. 5, Jan. 6,
1999, p. ----).
In the 102d Congress a resolution included as a matter properly
incidental to its election of the chairman of a standing committee a
proviso that his powers and duties be exercised by the vice chairman
until otherwise ordered by the House (H. Res. 43, Jan. 24, 1991, p.
2169; Feb. 6, 1991, p. 3198). In the 103d Congress a privileged
resolution, offered at the direction of the Democratic Caucus,
authorized a named acting chairman to exercise the powers and duties of
a chairman of a standing committee until otherwise ordered by the House
(H. Res. 396, Mar. 23, 1994, p. 6093).
(d)(1) <> Except as
permitted by subparagraph (2), a committee may have not more than five
subcommittees.
(2) A committee that maintains a subcommittee on oversight may have
not more than six subcommittees. The Committee on Appro
[[Page 485]]
priations may have not more than 13 subcommittees. The Committee on
Government Reform may have not more than seven subcommittees.
This paragraph was adopted in the 104th Congress (sec. 101(b), H. Res.
6, Jan. 4, 1995, p. 462), replacing a requirement that all standing
committees having more than 20 members (except the Committee on the
Budget) establish at least four subcommittees (H. Res. 5, Jan. 14, 1975,
p. 20). In the 106th Congress the paragraph was amended to delete the
Committee on Transportation and Infrastructure from the list of
exceptions to the general rule and to add a new exception for committees
that maintain a subcommittee on oversight (H. Res. 5, Jan. 6, 1999, p.
----). Before the House recodified its rules in the 106th Congress, this
provision was found in former clause 6(d) of rule X (H. Res. 5, Jan. 6,
1999, p. ----). Notwithstanding clause 5(d) the Committee on Government
Reform was permitted to have not more than eight subcommittees during
the 106th and 107th Congresses (sec. 2(d), H. Res. 5, Jan. 6, 1999, p.
----; sec. 3(c), H. Res. 5, Jan. 3, 2001, p. ----); and the Committees
on International Relations and Transportation and Infrastructure were
permitted to have not more than six during the 107th Congress (sec.
3(c), H. Res. 5, Jan. 3, 2001, p. ----).
(e) The House shall fill a vacancy on a standing committee by election
on the nomination of the respective party caucus or conference.
This paragraph was first adopted in the 62d Congress (VIII, 2178). At
the beginning of the 80th Congress it was amended to prevent a Member
from serving on more than one standing committee, except that Members
elected to serve on the Committees on District of Columbia or Un-
American Activities (renamed the Committee on Internal Security and
jurisdiction redefined on Feb. 19, 1969, p. 3723) could be elected to
serve on not more than two standing committees, and that Members of the
majority party, serving on the Committee on Expenditures in the
Executive Departments (changed to Committee on Government Operations
July 3, 1952, p. 9217) or House Administration could be elected to serve
on not more than two standing committees. This limitation was continued
through the 80th, 81st, and part of the 82d Congresses until July 3,
1952 (p. 9217) when it was modified so that Members elected to serve on
the Committees on the District of Columbia, Government Operations, Un-
American Activities, or House Administration could be elected to serve
on not more than two standing committees. It was restored to its
original form by amendment on January 13, 1953 (p. 368) so that there
was no limitation in House rules on the number of committees to which a
Member may be elected until the
[[Page 486]]
104th Congress added paragraph (b)(2) (see Sec. 760, supra). Party
caucuses or conferences have also placed restrictions on committee
assignments. The role of the respective party caucus or conference in
making nominations to fill vacancies in standing committees was made
part of the rule in the 98th Congress (H. Res. 5, Jan. 3, 1983, p. 34).
Before the House recodified its rules in the 106th Congress, this
provision was found in former clause 6(e) of rule X (H. Res. 5, Jan. 6,
1999, p. ----).
Form of resolution electing a Member to a committee and fixing his
rank thereon (Jan. 23, 1947, p. 536; H. Res. 157, May 25, 1995, p.
14424). The House by unanimous consent fixed the relative rank of two
Members on a committee where an error had been made on the original
appointment (Jan. 20, 1947, p. 481). The House has filled a vacancy on a
standing committee (H. Res. 43, Jan. 24, 1991, p. 2169) with a Member
subsequently designated by his party caucus as ``temporary'' (in order
to avoid caucus limitations on committee assignments) (Feb. 5, 1991, p.
2814).
Expense resolutions
6. <> (a) Whenever a
committee, commission, or other entity (other than the Committee on
Appropriations) is granted authorization for the payment of its expenses
(including staff salaries) for a Congress, such authorization initially
shall be procured by one primary expense resolution reported by the
Committee on House Administration. A primary expense resolution may
include a reserve fund for unanticipated expenses of committees. An
amount from such a reserve fund may be allocated to a committee only by
the approval of the Committee on House Administration. A primary expense
resolution reported to <> the House
may not be considered in the House unless a printed report thereon was
available on the previous calendar day. For the information of the
House, such report shall--
(1) state the total amount of the funds to be provided to the
committee, commission, or other entity under the primary expense reso
[[Page 487]]
lution for all anticipated activities and programs of the committee,
commission, or other entity; and
(2) to the extent practicable, contain such general statements
regarding the estimated foreseeable expenditures for the respective
anticipated activities and programs of the committee, commission, or
other entity as may be appropriate to provide the House with basic
estimates of the expenditures contemplated by the primary expense
resolution.
(b) After the date of adoption by the House <> of a primary expense resolution for a
committee, commission, or other entity for a Congress, authorization for
the payment of additional expenses (including staff salaries) in that
Congress may be procured by one or more supplemental expense resolutions
reported by the Committee on House Administration, as necessary. A
supplemental expense resolution reported to the House may not be
considered in the House unless a printed report thereon was available on
the previous calendar day. For the information of the House, such report
shall--
(1) state the total amount of additional funds to be provided to
the committee, commission, or other entity under the supplemental
expense resolution and the purposes for which those additional funds are
available; and
(2) state the reasons for the failure to procure the additional
funds for the committee,
[[Page 488]]
commission, or other entity by means of the primary expense resolution.
(c) The preceding provisions of this clause do not apply to--
(1) a <> resolution providing for the payment from committee salary
and expense accounts of the House of sums necessary to pay compensation
for staff services performed for, or to pay other expenses of, a
committee, commission, or other entity at any time after the beginning
of an odd-numbered year and before the date of adoption by the House of
the primary expense resolution described in paragraph (a) for that year;
or
(2) a resolution providing each of the standing committees in a
Congress additional office equipment, airmail and special-delivery
postage stamps, supplies, staff personnel, or any other specific item
for the operation of the standing committees, and containing an
authorization for the payment from committee salary and expense accounts
of the House of the expenses of any of the foregoing items provided by
that resolution, subject to and until enactment of the provisions of the
resolution as permanent law.
Paragraphs (a)-(c) of this clause were contained originally in section
110(b) of the Legislative Reorganization Act of 1970 (84 Stat. 1140) and
was added to the rules in the 92d Congress (H. Res. 5, Jan. 22, 1971, p.
144). Effective January 3, 1975 (H. Res. 988, 93d Cong., Oct. 8, 1974,
p. 34470), the authority of all committees to incur expenses, including
travel expenses, was made contingent upon adoption by the House of
resolutions reported pursuant to this clause (clause 1(b) of rule XI).
The clause was amended in the 95th Congress (H. Res. 5, Jan. 4, 1977,
pp. 53-70)
[[Page 489]]
to extend its applicability to all committees, commissions, and entities
rather than just to standing committees. Paragraphs (a)-(c) were amended
in the 104th Congress to institute biennial funding of committee
expenses and to require that all committee staff salaries and expenses
(including statutory staff) be authorized by expense resolution (sec.
101(c), H. Res. 6, Jan. 4, 1995, p. 462). In the 105th Congress
paragraph (a) was amended to permit a primary expense resolution to
include a reserve fund for unanticipated expenses of committees (H. Res.
5, Jan. 7, 1997, p. ----). A technical correction to paragraphs (a) and
(b) was effected in the 106th Congress to conform references to a
renamed committee (H. Res. 5, Jan. 6, 1999, p. ----). Before the House
recodified its rules in the 106th Congress, this provision was found in
former clause 5 of rule XI (H. Res. 5, Jan. 6, 1999, p. ----).
The Committee on Appropriations is not covered by this clause, but is
reimbursed by funds in appropriation acts for expenses of examinations
of estimates of appropriations in the field (31 U.S.C. 22a). An
exemption from this clause for the Committee on the Budget was effective
from the enactment of the Congressional Budget Act of 1974 through the
103d Congress.
Based on the exception stated in paragraph (c), a resolution
establishing a task force of members of a standing committee and
providing for the payment of its expenses from the contingent fund of
the House (now referred to as ``applicable accounts of the House
described in clause 1(i)(1) of rule X'') was held not to be subject to a
point of order under clause 5(a) for lack of report language detailing
the funding provided, since the resolution was called up at the
beginning of the session prior to consideration of a primary expense
resolution for all committees for that calendar year (Feb. 5, 1992, p.
1621).
(d) <> From the funds made available for the appointment of
committee staff by a primary or additional expense resolution, the
chairman of each committee shall ensure that sufficient staff is made
available to each subcommittee to carry out its responsibilities under
the rules of the committee and that the minority party is treated fairly
in the appointment of such staff.
Paragraph (d) was adopted in the 104th Congress (sec. 101(c)(4), H.
Res. 6, Jan. 4, 1995, p. 462). A preceding form of the paragraph, first
adopted in the 94th Congress, authorized the chairman and ranking
minority member of a subcommittee each to appoint one staff member to
the subcommittee (H. Res. 5, Jan. 14, 1975, p. 20). As adopted in the
93d Congress
[[Page 490]]
to take effect on the first day of the 94th Congress, the paragraph had
required that each standing committee, upon request of a majority of its
minority members, devote one-third of its staffing funds to the needs of
the minority (H. Res. 988, Oct. 8, 1974, p. 34470). As originally
adopted in the 92d Congress, the paragraph had required that the
minority be accorded fair consideration in the appointment of committee
staff (H. Res. 5, Jan. 22, 1971, p. 144). Before the House recodified
its rules in the 106th Congress, this provision was found in former
clause 5(d) of rule X (H. Res. 5, Jan. 6, 1999, p. ----).
(e) Funds authorized for a committee under this clause and clauses 7
and 8 are for expenses incurred in the activities of the committee.
Before the House recodified its rules in the 106th Congress, this
provision was found in former clause 2(n)(1) of rule XI (H. Res. 5, Jan.
6, 1999, p. ----).
Interim funding
7. (a) <> For the period beginning at
noon on January 3 and ending at midnight on March 31 in each odd-
numbered year, such sums as may be necessary shall be paid out of the
committee salary and expense accounts of the House for continuance of
necessary investigations and studies by--
(1) each standing and select committee established by these rules;
and
(2) except as specified in paragraph (b), each select committee
established by resolution.
(b) In the case of the first session of a Congress, amounts shall be
made available for a select committee established by resolution in the
preceding Congress only if--
(1) a resolution proposing to reestablish such select committee is
introduced in the present Congress; and
[[Page 491]]
(2) the House has not adopted a resolution of the preceding
Congress providing for termination of funding for investigations and
studies by such select committee.
(c) Each committee described in paragraph (a) shall be entitled for
each month during the period specified in paragraph (a) to 9 percent (or
such lesser percentage as may be determined by the Committee on House
Administration) of the total annualized amount made available under
expense resolutions for such committee in the preceding session of
Congress.
(d) Payments under this clause shall be made on vouchers authorized by
the committee involved, signed by the chairman of the committee, except
as provided in paragraph (e), and approved by the Committee on House
Administration.
(e) Notwithstanding any provision of law, rule of the House, or other
authority, from noon on January 3 of the first session of a Congress
until the election by the House of the committee concerned in that
Congress, payments under this clause shall be made on vouchers signed
by--
(1) the member of the committee who served as chairman of the
committee at the expiration of the preceding Congress; or
(2) if the chairman is not a Member, Delegate, or Resident
Commissioner in the present Congress, then the ranking member of the
committee as it was constituted at the expiration of the preceding
Congress who is a mem
[[Page 492]]
ber of the majority party in the present Congress.
(f)(1) The authority of a committee to incur expenses under this
clause shall expire upon adoption by the House of a primary expense
resolution for the committee.
(2) Amounts made available under this clause shall be expended in
accordance with regulations prescribed by the Committee on House
Administration.
(3) This clause shall be effective only insofar as it is not
inconsistent with a resolution reported by the Committee on House
Administration and adopted by the House after the adoption of these
rules.
This clause (former clause 5(f) of rule XI) was originally adopted in
the 99th Congress to provide automatic interim funding for committees at
the beginning of a Congress (H. Res. 7, Jan. 3, 1985, p. 393).
Resolutions providing such interim funding had been routinely adopted at
the convening of Congress before the adoption of this standing
authority. In the 100th Congress, the provision was amended to make the
automatic committee funding mechanism applicable to the first three
months of the second session of a Congress, as well as the first
session, and to authorize the Committee on House Administration to
establish interim funding for any committee at a percentage lower than 9
percent of the total annualized amount (H. Res. 5, Jan. 6, 1987, p. 6).
In the 104th and 106th Congresses technical corrections were effected to
conform references to a renamed committee (sec. 202(b), H. Res. 6, Jan.
4, 1995, p. 464; H. Res. 5, Jan. 6, 1999, p. ----). Before the House
recodified its rules in the 106th Congress, this provision was found in
former clause 5(f) of rule XI (H. Res. 5, Jan. 6, 1999, p. ----).
Clerical corrections were effected in the 107th Congress (sec. 2(x), H.
Res. 5, Jan. 3, 2001, p. ----).
At its organization the 104th Congress suspended the operation of
paragraph (f) in favor of special provisions for interim funding in
light of its abolishment of three standing committees, its reduction in
the overall number of committee staff, and its institution of biennial
primary expense resolutions (sec. 101(c)(3), H. Res. 6, Jan. 4, 1995, p.
462).
[[Page 493]]
Travel
8. (a) <> Local currencies owned by the
United States shall be made available to the committee and its employees
engaged in carrying out their official duties outside the United States
or its territories or possessions. Appropriated funds, including those
authorized under this clause and clauses 6 and 8, may not be expended
for the purpose of defraying expenses of members of a committee or its
employees in a country where local currencies are available for this
purpose.
(b) The following conditions shall apply with respect to travel
outside the United States or its territories or possessions:
(1) A member or employee of a committee may not receive or expend
local currencies for subsistence in a country for a day at a rate in
excess of the maximum per diem set forth in applicable Federal law.
(2) A member or employee shall be reimbursed for his expenses for
a day at the lesser of--
(A) the per diem set forth in applicable Federal law; or
(B) the actual, unreimbursed expenses (other than for
transportation) he incurred during that day.
(3) <> Each member or employee of
a committee shall make to the chairman of the committee an itemized
report showing the dates each country was visited, the amount of per
diem furnished, the
[[Page 494]]
cost of transportation furnished, and funds expended for any other
official purpose and shall summarize in these categories the total
foreign currencies or appropriated funds expended. Each report shall be
filed with the chairman of the committee not later than 60 days
following the completion of travel for use in complying with reporting
requirements in applicable Federal law and shall be open for public
inspection.
(c)(1) In carrying out the activities of a committee outside the
United States in a country where local currencies are unavailable, a
member or employee of a committee may not receive reimbursement for
expenses (other than for transportation) in excess of the maximum per
diem set forth in applicable Federal law.
(2) A member or employee shall be reimbursed for his expenses for a
day, at the lesser of--
(A) the per diem set forth in applicable Federal law; or
(B) the actual unreimbursed expenses (other than for
transportation) he incurred during that day.
(3) A member or employee of a committee may not receive reimbursement
for the cost of any transportation in connection with travel outside the
United States unless the member or employee actually paid for the
transportation.
(d) The restrictions respecting travel outside the United States set
forth in paragraph (c) also shall apply to travel outside the United
States by a Member, Delegate, Resident Commissioner,
[[Page 495]]
officer, or employee of the House authorized under any standing rule.
Prior to the adoption of this clause (former clause 2(n) of rule XI)
and of clause 1(b) of rule XI under the Committee Reform Amendments of
1974, effective January 3, 1975 (H. Res. 988, 93d Cong., Oct. 8, 1974,
p. 34470), each committee was given separate authority to incur expenses
in connection with its investigations and studies, and certain
committees were authorized to use local currencies for foreign committee
travel, in resolutions reported from the Committee on Rules in each
Congress. This clause was amended in the 95th Congress (H. Res. 5, Jan.
4, 1977, pp. 53-70) to clarify the availability of local currencies for
travel outside the United States and its territories and possessions, to
require reports within 60 days for use in complying with statutory
reporting requirements, and to authorize the Committee on House
Administration to recommend in expense resolutions expenses for foreign
as well as domestic travel. This clause was further amended on March 2,
1977 (H. Res. 287, 95th Cong., pp. 5933-53) to limit all travel expenses
to the maximum per diem rate or actual, unreimbursed expenses, whichever
is less. Before the House recodified its rules in the 106th Congress,
this provision was found in former clause 2(n) of rule XI, except that
the ``lame duck'' travel prohibitions formerly found in clause 2(n)(5)
of rule XI and clause 8 of rule I were transferred to former rule XXV
(redesignated as rule XXIV in the 107th Congress) (H. Res. 5, Jan. 6,
1999, p. ----).
Under section 502(b) of the Mutual Security Act of 1954 (22 U.S.C.
1754), foreign local currencies owned or purchased by the United States
may be used for foreign travel expenses by members or employees of
standing or select committees when authorized by the chairman thereof,
and by other Members or employees when authorized by the Speaker.
Consolidated committee reports prepared on a quarterly basis, and
individual reports required within 30 days after the travel involved,
must be forwarded to the Clerk of the House and published in the
Congressional Record.
Committee staffs
9. <> (a)(1) Subject to
subparagraph (2) and paragraph (f), each standing committee may appoint,
by majority vote, not more than 30 professional staff members to be
compensated from the funds provided for the appointment of committee
staff by primary and additional expense resolutions. Each professional
[[Page 496]]
staff <> member appointed under this
subparagraph shall be assigned to the chairman and the ranking minority
member of the committee, as the committee considers advisable.
(2) <> Subject to paragraph (f) whenever a
majority of the minority party members of a standing committee (other
than the Committee on Standards of Official Conduct or the Permanent
Select Committee on Intelligence) so request, not more than 10 persons
(or one-third of the total professional committee staff appointed under
this clause, whichever is fewer) may be selected, by majority vote of
the minority party members, for appointment by the committee as
professional staff members under subparagraph (1). The committee shall
appoint persons so selected whose character and qualifications are
acceptable to a majority of the committee. If the committee determines
that the character and qualifications of a person so selected are
unacceptable, a majority of the minority party members may select
another person for appointment by the committee to the professional
staff until such appointment is made. Each professional staff member
appointed under this subparagraph shall be assigned to such committee
business as the minority party members of the committee consider
advisable.
This clause (former clause 6 of rule XI) had its origins in section
202 of the Legislative Reorganization Act of 1946 (60 Stat. 812), which
allocated up to four nonpartisan professionals to each committee other
than Appropriations and specifically provided for clerical staff, and
which was incorporated into the rules on January 3, 1953 (p. 24).
Section 302(b) of the
[[Page 497]]
Legislative Reorganization Act of 1970 (84 Stat. 1140), which increased
the authorized maximum for professional staff from four to six and added
the concept of minority staffing, was incorporated into the rules in the
92d Congress (H. Res. 5, Jan. 22, 1971, p. 144). In the 93d Congress the
maximum was increased from six to 18, the minority entitlement within
that number was increased from two to six, a requirement that
professional staff be appointed without regard to political affiliation
was eliminated, and prohibitions against consideration of race, creed,
sex, or age in the appointment of staff were added (H. Res. 988, Oct. 8,
1974, p. 34470). An exemption for the Committee on the Budget was
included in section 901 of the Congressional Budget Act of 1974 (88
Stat. 330), was later omitted under the Committee Reform Amendments of
1974 (H. Res. 988, Oct. 8, 1974, p. 34470), and was reinserted by the
94th Congress (H. Res. 5, Jan. 14, 1975, p. 20). The requirement added
in 1975 that staff positions made available to subcommittee chairmen and
ranking minority members pursuant to former provisions of clause 5 of
rule XI be provided from staff positions available under this clause
unless provided in a primary or additional expense resolution was
eliminated in the 104th Congress (sec. 101(c)(5), H. Res. 6, Jan. 4,
1995, p. 462). The 98th Congress added the Permanent Select Committee on
Intelligence to the exception for the Committee on Standards of Official
Conduct (H. Res. 58, Mar. 1, 1983, p. 3241). The 101st Congress added an
exemption for the Committee on Rules (H. Res. 5, Jan. 3, 1989, p. 72).
The Ethics Reform Act of 1989 struck the antidiscrimination provisions
as redundant (P.L. 101-194, Nov. 30, 1989). The 104th Congress
eliminated the former distinction between professional and clerical
staff, set the authorized maximum for committee staff under expense
resolutions at 30, eliminated subcommittee entitlement to staff, and set
the entitlement of the full committee minority within that number at
one-third (sec. 101(c)(5), H. Res. 6, Jan. 4, 1995, p. 462). The 104th
Congress also mandated that the total number of staff of House
committees be at least one-third less than the corresponding total in
the 103d Congress (sec. 101(a), H. Res. 6, Jan. 4, 1995, p. 462). Before
the House recodified its rules in the 106th Congress, this provision was
found in former clause 6 of rule XI (H. Res. 5, Jan. 6, 1999, p. ----).
Additional staff of committees are authorized by the Committee on
House Administration and agreed to by the House. There is no legal power
to fill a vacancy in the clerkship of a committee after one Congress has
expired and before the next House has been organized (IV, 4539). An
assault upon the clerk of a committee within the walls of the Capitol
was held to be a breach of privilege (II, 1629). The pay of clerks has
been the subject of several decisions (IV, 4536-4538).
Committees <> may, with the
approval of the Committee on House Administration, procure the temporary
or intermittent services of consultants and obtain specialized training
for professional staff, subject to expense resolutions, under the
[[Page 498]]
Legislative Reorganization Act of 1970, sections 303 and 304 (2 U.S.C.
72a(i) and (j)).
(b)(1) <> The professional staff
members of each standing committee--
(A) may not engage in any work other than committee business
during congressional working hours; and
(B) may not be assigned a duty other than one pertaining to
committee business.
(2) Subparagraph (1) does not apply to staff designated by a
committee <> as
``associate'' or ``shared'' staff who are not paid exclusively by the
committee, provided that the chairman certifies that the compensation
paid by the committee for any such staff is commensurate with the work
performed for the committee in accordance with clause 8 of rule XXIII.
(3) The use of any ``associate'' or ``shared'' staff by a committee
shall be subject to the review of, and to any terms, conditions, or
limitations established by, the Committee on House Administration in
connection with the reporting of any primary or additional expense
resolution.
(4) This paragraph does not apply to the Committee on Appropriations.
The Ethics Reform Act of 1989 prescribed that staff work be confined
to committee business during congressional working hours but maintained
exceptions for the Committees on the Budget and Rules (P.L. 101-194,
Nov. 30, 1989). The 104th Congress eliminated exceptions by committee in
favor of exceptions for ``associate'' or ``shared'' staff (sec.
101(c)(5), H. Res. 6, Jan. 4, 1995, p. 462), and later also effected a
technical correction (H. Res. 254, Nov. 30, 1995, p. 35077). A technical
correction also was effected in the 106th Congress to conform references
to a renamed committee (H. Res. 5, Jan. 6, 1999, p. ----). Before the
House recodified its rules in the 106th Congress, this provision was
found in former clause
[[Page 499]]
6 of rule XI (H. Res. 5, Jan. 6, 1999, p. ----). A technical correction
also was effected in the 107th Congress to conform a reference to a
redesignated rule (sec. 2(s), H. Res. 5, Jan. 6, 2001, p. ----).
(c) <> Each employee on the professional or
investigative staff of a standing committee shall be entitled to pay at
a single gross per annum rate, to be fixed by the chairman and that does
not exceed the maximum rate of pay as in effect from time to time under
applicable provisions of law.
This provision (former clause 6(c) of rule XI) was derived from
section 477(c) of the Legislative Reorganization Act of 1970 (84 Stat.
1140) and was incorporated into the rules in the 92d Congress (H. Res.
5, Jan. 22, 1971, p. 144). Under the Committee Reform Amendments of
1974, effective January 3, 1975 (H. Res. 988, 93d Cong., Oct. 8, 1974,
p. 34470), the maximum salary was set at level V of the Executive
Schedule, rather than at the highest rate of basic pay law (5 U.S.C.
5332(a)), as specified in the 1970 Reorganization Act, and effective in
the 95th Congress (H. Res. 5, Jan. 4, 1977, pp. 53-70), the authority
for two professional staff to be paid at level IV of the Executive
Schedule was added to the clause. Under section 311 of the Legislative
Branch Appropriations Act, 1988 (2 U.S.C. 60a-2a), the maximum salary
for staff members is now set by pay order of the Speaker. At the
beginning of the 101st Congress, references to particular levels of the
executive schedule were deleted (H. Res. 5, Jan. 3, 1989, p. 72). In the
104th Congress this paragraph was amended to reflect the elimination of
the former distinction between ``professional'' and ``clerical'' staff
(sec. 101(c)(5), H. Res. 6, Jan. 4, 1995, p. 462). Before the House
recodified its rules in the 106th Congress, this provision was found in
former clause 6 of rule XI (H. Res. 5, Jan. 6, 1999, p. ----).
(d) <> Subject to
appropriations hereby authorized, the Committee on Appropriations may
appoint by majority vote such staff as it determines to be necessary (in
addition to the clerk of the committee and assistants for the minority).
The staff appointed under this paragraph, other than minority
assistants, shall possess such qualifications as the committee may
prescribe.
[[Page 500]]
This paragraph (former clause 6(d) of rule XI) derives from section
202(b) of the Legislative Reorganization Act of 1946 (60 Stat. 812),
which was incorporated into the rules on January 3, 1953 (p. 24). The
exemption was extended to the Committee on the Budget by section 901 of
the Congressional Budget Act of 1974 (88 Stat. 330). The reference to
that committee was inadvertently omitted by the 93d Congress (H. Res.
988, Oct. 8, 1974, p. 34470) and reinserted by the 94th Congress (H.
Res. 5, Jan. 14, 1975, p. 20). The 104th Congress deleted the exemption
for the Committee on the Budget (sec. 101(c)(5), H. Res. 6, Jan. 4,
1995, p. 462). Before the House recodified its rules in the 106th
Congress, this provision was found in former clause 6(d) of rule X (H.
Res. 5, Jan. 6, 1999, p. ----).
(e) <> A committee may not
appoint to its staff an expert or other personnel detailed or assigned
from a department or agency of the Government except with the written
permission of the Committee on House Administration.
This paragraph was contained in section 202(f) of the Legislative
Reorganization Act of 1946 (60 Stat. 812) and was incorporated into the
rules on January 3, 1953 (p. 24). In the 104th and 106th Congresses it
was amended to conform references to a renamed committee (sec. 202(b),
H. Res. 6, Jan. 4, 1995, p. 464; H. Res. 5, Jan. 6, 1999, p. ----).
(f) If a request for the appointment of a minority professional staff
member under paragraph (a) is made when no vacancy exists for such an
appointment, the committee nevertheless may appoint under paragraph (a)
a person selected by the minority and acceptable to the committee. A
person so appointed shall serve as an additional member of the
professional staff of the committee until such a vacancy occurs (other
than a vacancy in the position of head of the professional staff, by
whatever title designated), at which time that person is considered as
appointed to that vacancy. Such a person shall be paid from the
applicable accounts of the House described in clause 1(i)(1) of rule X.
If such a va
[[Page 501]]
cancy occurs on the professional staff when seven or more persons have
been so appointed who are eligible to fill that vacancy, a majority of
the minority party members shall designate which of those persons shall
fill the vacancy.
(g) Each staff member appointed pursuant to a request by minority
party members under paragraph (a), and each staff member appointed to
assist minority members of a committee pursuant to an expense resolution
described in clause 6(a), shall be accorded equitable treatment with
respect to the fixing of the rate of pay, the assignment of work
facilities, and the accessibility of committee records.
(h) Paragraph (a) may not be construed to authorize the appointment of
additional professional staff members of a committee pursuant to a
request under paragraph (a) by the minority party members of that
committee if 10 or more professional staff members provided for in
paragraph (a)(1) who are satisfactory to a majority of the minority
party members are otherwise assigned to assist the minority party
members.
Paragraphs (f)-(h) (former clause 6(f)-(h) of rule XI) are derived
from section 302(c) of the Legislative Reorganization Act of 1970 (84
Stat. 1140) and were incorporated into the rules in the 92d Congress (H.
Res. 5, Jan. 22, 1971, p. 144). Effective January 3, 1975 (H. Res. 988,
93d Cong., Oct. 8, 1974, p. 34470), conforming changes were made in
paragraphs (f) and (h) to reflect increased minority professional and
clerical staff permitted to committees under paragraphs (a) and (b) of
this clause. In the 104th Congress paragraphs (f)-(h) were amended to
reflect the elimination of the former distinction between
``professional'' and ``clerical'' staff (sec. 101(c)(5), H. Res. 6, Jan.
4, 1995, p. 462). The 104th Congress also mandated that the total number
of staff of House committees be at least one-third less than the
corresponding total in the 103d Congress (sec. 101(a), H. Res. 6, Jan.
4, 1995, p. 462). In the 105th Congress paragraph (f) was amended to
update an archaic reference to the ``contingent fund'' (H. Res.
[[Page 502]]
5, Jan. 7, 1997, p. ----). Before the House recodified its rules in the
106th Congress, this provision was found in former clause 6 of rule XI
(H. Res. 5, Jan. 6, 1999, p. ----). A clerical correction was effected
in the 107th Congress (sec. 2(x), H. Res. 5, Jan. 3, 2001, p. ----).
(i) <> Notwithstanding paragraph
(a)(2), a committee may employ nonpartisan staff, in lieu of or in
addition to committee staff designated exclusively for the majority or
minority party, by an affirmative vote of a majority of the members of
the majority party and of a majority of the members of the minority
party.
Section 202(a) of the Legislative Reorganization Act of 1946 (60 Stat.
812), which was incorporated into the rules on January 3, 1953 (p. 24),
required committee professional staffs to be appointed on a permanent
basis without regard to political affiliation. The concept of minority
staffing was added by section 302(b) of the Legislative Reorganization
Act of 1970. Under the Committee Reform Amendments of 1974, effective
January 3, 1975 (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470),
paragraph (i) (former clause 6(i) of rule XI) was added to permit
committees to employ nonpartisan staff upon an affirmative vote of the
majority of the members of each party. In the 104th Congress it was
amended to reflect the elimination of the former distinction between
``professional'' and ``clerical'' staff (sec. 101(c)(5), H. Res. 6, Jan.
4, 1995, p. 462). Before the House recodified its rules in the 106th
Congress, this provision was found in former clause 6(i) of rule XI (H.
Res. 5, Jan. 6, 1999, p. ----).
Effective <> in the 95th Congress
(H. Res. 5, Jan. 4, 1977, pp. 53-70), former clause 6(j) of rule XI,
which was added on January 3, 1953 (p. 24) and which was contained in
section 134(b) of the Legislative Reorganization Act of 1945, was
deleted; that clause required committees to report semiannually to the
Clerk, for printing in the Congressional Record, on the names,
professions and salaries of committee employees.
Select and joint committees
10. (a) <> Membership on a select or joint committee appointed by
the Speaker under clause 11 of rule I during the course of a Congress
shall be contingent on continuing membership in the party
[[Page 503]]
caucus or conference of which the Member, Delegate, or Resident
Commissioner concerned was a member at the time of appointment. Should a
Member, Delegate, or Resident Commissioner cease to be a member of that
caucus or conference, that Member, Delegate, or Resident Commissioner
shall automatically cease to be a member of any select or joint
committee to which he is assigned. The chairman of the relevant party
caucus or conference shall notify the Speaker whenever a Member,
Delegate, or Resident Commissioner ceases to be a member of a party
caucus or conference. The Speaker shall notify the chairman of each
affected select or joint committee that the appointment of such Member,
Delegate, or Resident Commissioner to the select or joint committee is
automatically vacated under this paragraph.
This party membership requirement for select and joint committees,
analogous to clause 5(b), was added in the 98th Congress (H. Res. 5,
1983, Jan. 3, 1983, p. 34). Before the House recodified its rules in the
106th Congress, this provision was found in former clause 6(g) of rule X
(H. Res. 5, Jan. 6, 1999, p. ----).
(b) <> Each
select or joint committee, other than a conference committee, shall
comply with clause 2(a) of rule XI unless specifically exempted by law.
Before the House recodified its rules in the 106th Congress, paragraph
(b) was found in clause 2(a) of rule XI (H. Res. 5, Jan. 6, 1999, p. --
--). The extension of clause 2(a) requirements to select and joint
committees was added to clause 2(a) when that rule was rewritten by the
Committee Reform Amendments of 1974 (H. Res. 988, 93d Cong., Oct. 8,
1974, p. 34470).
A <> paragraph (i) of former clause 6 of rule
X was incorporated into the rules effective January 3, 1975 (H. Res.
988, 93d Cong., Oct. 8, 1974, p. 34470), to provide for a permanent Se
[[Page 504]]
lect Committee on Aging. That provision was stricken in the 103d
Congress (H. Res. 5, Jan. 5, 1993, p. 49).
Permanent Select Committee on Intelligence
11. (a)(1) There is <> established a Permanent Select Committee on Intelligence
(hereafter in this clause referred to as the ``select committee''). The
select committee shall be composed of not more than 18 Members,
Delegates, or the Resident Commissioner, of whom not more than 10 may be
from the same party. The select committee shall include at least one
Member, Delegate, or the Resident Commissioner from each of the
following committees:
(A) the Committee on Appropriations;
(B) the Committee on Armed Services;
(C) the Committee on International Relations; and
(D) the Committee on the Judiciary.
(2) The Speaker and the Minority Leader shall be ex officio members of
the select committee but shall have no vote in the select committee and
may not be counted for purposes of determining a quorum thereof.
(3) The Speaker and Minority Leader each may designate a member of his
leadership staff to assist him in his capacity as ex officio member,
with the same access to committee meetings, hearings, briefings, and
materials as employees of the select committee and subject to the same
security clearance and confidentiality requirements as employees of the
select committee under this clause.
[[Page 505]]
(4)(A) Except as permitted by subdivision (B), a Member, Delegate, or
Resident Commissioner, other than the Speaker or the Minority Leader,
may not serve as a member of the select committee during more than four
Congresses in a period of six successive Congresses (disregarding for
this purpose any service for less than a full session in a Congress).
(B) A member of the select committee who served as either the chairman
or the ranking minority member of the select committee in the
immediately previous Congress and who did not serve in that respective
capacity in an earlier Congress may serve as either the chairman or the
ranking minority member of the select committee during one additional
Congress.
(b)(1) There shall be referred to the select committee proposed
legislation, messages, petitions, memorials, and other matters relating
to the following:
(A) The Central Intelligence Agency, the Director of Central
Intelligence, and the National Foreign Intelligence Program as defined
in section 3(6) of the National Security Act of 1947.
(B) Intelligence and intelligence-related activities of all other
departments and agencies of the Government, including the tactical
intelligence and intelligence-related activities of the Department of
Defense.
(C) The organization or reorganization of a department or agency
of the Government to the extent that the organization or reorganiza
[[Page 506]]
tion relates to a function or activity involving intelligence or
intelligence-related activities.
(D) Authorizations for appropriations, both direct and indirect,
for the following:
(i) The Central Intelligence Agency, the Director of Central
Intelligence, and the National Foreign Intelligence Program as defined
in section 3(6) of the National Security Act of 1947.
(ii) Intelligence and intelligence-related activities of all
other departments and agencies of the Government, including the tactical
intelligence and intelligence-related activities of the Department of
Defense.
(iii) A department, agency, subdivision, or program that is a
successor to an agency or program named or referred to in (i) or (ii).
(2) Proposed legislation initially reported by the select committee
(other than provisions solely involving matters specified in
subparagraph (1)(A) or subparagraph (1)(D)(i)) containing any matter
otherwise within the jurisdiction of a standing committee shall be
referred by the Speaker to that standing committee. Proposed legislation
initially reported by another committee that contains matter within the
jurisdiction of the select committee shall be referred by the Speaker to
the select committee if requested by the chairman of the select
committee.
(3) Nothing in this clause shall be construed as prohibiting or
otherwise restricting the authority of any other committee to study and
review an intelligence or intelligence-related activ
[[Page 507]]
ity to the extent that such activity directly affects a matter otherwise
within the jurisdiction of that committee.
(4) Nothing in this clause shall be construed as amending, limiting,
or otherwise changing the authority of a standing committee to obtain
full and prompt access to the product of the intelligence and
intelligence-related activities of a department or agency of the
Government relevant to a matter otherwise within the jurisdiction of
that committee.
(c)(1) For purposes of accountability to the House, the select
committee shall make regular and periodic reports to the House on the
nature and extent of the intelligence and intelligence-related
activities of the various departments and agencies of the United States.
The select committee shall promptly call to the attention of the House,
or to any other appropriate committee, a matter requiring the attention
of the House or another committee. In making such report, the select
committee shall proceed in a manner consistent with paragraph (g) to
protect national security.
(2) The select committee shall obtain annual reports from the Director
of the Central Intelligence Agency, the Secretary of Defense, the
Secretary of State, and the Director of the Federal Bureau of
Investigation. Such reports shall review the intelligence and
intelligence-related activities of the agency or department concerned
and the intelligence and intelligence-related activities of foreign
countries directed at the
[[Page 508]]
United States or its interests. An unclassified version of each report
may be made available to the public at the discretion of the select
committee. Nothing herein shall be construed as requiring the public
disclosure in such reports of the names of persons engaged in
intelligence or intelligence-related activities for the United States or
the divulging of intelligence methods employed or the sources of
information on which the reports are based or the amount of funds
authorized to be appropriated for intelligence and intelligence-related
activities.
(3) Within six weeks after the President submits a budget under
section 1105(a) of title 31, United States Code, or at such time as the
Committee on the Budget may request, the select committee shall submit
to the Committee on the Budget the views and estimates described in
section 301(d) of the Congressional Budget Act of 1974 regarding matters
within the jurisdiction of the select committee.
(d)(1) Except as specified in subparagraph (2), clauses 8(a), (b), and
(c) and 9(a), (b), and (c) of this rule, and clauses 1, 2, and 4 of rule
XI shall apply to the select committee to the extent not inconsistent
with this clause.
(2) Notwithstanding the requirements of the first sentence of clause
2(g)(2) of rule XI, in the presence of the number of members required
under the rules of the select committee for the purpose of taking
testimony or receiving evidence, the select committee may vote to close
a hearing whenever a majority of those present
[[Page 509]]
determines that the testimony or evidence would endanger the national
security.
(e) An employee of the select committee, or a person engaged by
contract or otherwise to perform services for or at the request of the
select committee, may not be given access to any classified information
by the select committee unless such employee or person has--
(1) agreed in writing and under oath to be bound by the Rules of
the House, including the jurisdiction of the Committee on Standards of
Official Conduct and of the select committee concerning the security of
classified information during and after the period of his employment or
contractual agreement with the select committee; and
(2) received an appropriate security clearance, as determined by
the select committee in consultation with the Director of Central
Intelligence, that is commensurate with the sensitivity of the
classified information to which such employee or person will be given
access by the select committee.
(f) The select committee shall formulate and carry out such rules and
procedures as it considers necessary to prevent the disclosure, without
the consent of each person concerned, of information in the possession
of the select committee that unduly infringes on the privacy or that
violates the constitutional rights of such person. Nothing herein shall
be construed to prevent the select committee from publicly disclosing
classified information in a case in which
[[Page 510]]
it determines that national interest in the disclosure of classified
information clearly outweighs any infringement on the privacy of a
person.
(g)(1) The select committee may disclose publicly any information in
its possession after a determination by the select committee that the
public interest would be served by such disclosure. With respect to the
disclosure of information for which this paragraph requires action by
the select committee--
(A) the select committee shall meet to vote on the matter within
five days after a member of the select committee requests a vote; and
(B) a member of the select committee may not make such a
disclosure before a vote by the select committee on the matter, or after
a vote by the select committee on the matter except in accordance with
this paragraph.
(2)(A) In a case in which the select committee votes to disclose
publicly any information that has been classified under established
security procedures, that has been submitted to it by the executive
branch, and that the executive branch requests be kept secret, the
select committee shall notify the President of such vote.
(B) The select committee may disclose publicly such information after
the expiration of a five-day period following the day on which notice of
the vote to disclose is transmitted to the President unless, before the
expiration of the five-day period, the President, personally in writing,
notifies the select committee that he objects to the disclosure of such
information, provides his rea
[[Page 511]]
sons therefor, and certifies that the threat to the national interest of
the United States posed by the disclosure is of such gravity that it
outweighs any public interest in the disclosure.
(C) If the President, personally in writing, notifies the select
committee of his objections to the disclosure of information as provided
in subdivision (B), the select committee may, by majority vote, refer
the question of the disclosure of such information, with a
recommendation thereon, to the House. The select committee may not
publicly disclose such information without leave of the House.
(D) Whenever the select committee votes to refer the question of
disclosure of any information to the House under subdivision (C), the
chairman shall, not later than the first day on which the House is in
session following the day on which the vote occurs, report the matter to
the House for its consideration.
(E) If the chairman of the select committee does not offer in the
House a motion to consider in closed session a matter reported under
subdivision (D) within four calendar days on which the House is in
session after the recommendation described in subdivision (C) is
reported, then such a motion shall be privileged when offered by a
Member, Delegate, or Resident Commissioner. In either case such a motion
shall be decided without debate or intervening motion except one that
the House adjourn.
(F) Upon adoption by the House of a motion to resolve into closed
session as described in sub
[[Page 512]]
division (E), the Speaker may declare a recess subject to the call of
the Chair. At the expiration of the recess, the pending question, in
closed session, shall be, ``Shall the House approve the recommendation
of the select committee?''.
(G) Debate on the question described in subdivision (F) shall be
limited to two hours equally divided and controlled by the chairman and
ranking minority member of the select committee. After such debate the
previous question shall be considered as ordered on the question of
approving the recommendation without intervening motion except one
motion that the House adjourn. The House shall vote on the question in
open session but without divulging the information with respect to which
the vote is taken. If the recommendation of the select committee is not
approved, then the question is considered as recommitted to the select
committee for further recommendation.
(3)(A) Information in the possession of the select committee relating
to the lawful intelligence or intelligence-related activities of a
department or agency of the United States that has been classified under
established security procedures, and that the select committee has
determined should not be disclosed under subparagraph (1) or (2), may
not be made available to any person by a Member, Delegate, Resident
Commissioner, officer, or employee of the House except as provided in
subdivision (B).
(B) The select committee shall, under such regulations as it may
prescribe, make informa
[[Page 513]]
tion described in subdivision (A) available to a committee or a Member,
Delegate, or Resident Commissioner, and permit a Member, Delegate, or
Resident Commissioner to attend a hearing of the select committee that
is closed to the public. Whenever the select committee makes such
information available, it shall keep a written record showing, in the
case of particular information, which committee or which Member,
Delegate, or Resident Commissioner received the information. A Member,
Delegate, or Resident Commissioner who, and a committee that, receives
information under this subdivision may not disclose the information
except in a closed session of the House.
(4) The Committee on Standards of Official Conduct shall investigate
any unauthorized disclosure of intelligence or intelligence-related
information by a Member, Delegate, Resident Commissioner, officer, or
employee of the House in violation of subparagraph (3) and report to the
House concerning any allegation that it finds to be substantiated.
(5) Upon the request of a person who is subject to an investigation
described in subparagraph (4), the Committee on Standards of Official
Conduct shall release to such person at the conclusion of its
investigation a summary of its investigation, together with its
findings. If, at the conclusion of its investigation, the Committee on
Standards of Official Conduct determines that there has been a
significant breach of confidentiality or unauthorized disclosure by a
[[Page 514]]
Member, Delegate, Resident Commissioner, officer, or employee of the
House, it shall report its findings to the House and recommend
appropriate action. Recommendations may include censure, removal from
committee membership, or expulsion from the House, in the case of a
Member, or removal from office or employment or punishment for contempt,
in the case of an officer or employee.
(h) The select committee may permit a personal representative of the
President, designated by the President to serve as a liaison to the
select committee, to attend any closed meeting of the select committee.
(i) Subject to the Rules of the House, funds may not be appropriated
for a fiscal year, with the exception of a bill or joint resolution
continuing appropriations, or an amendment thereto, or a conference
report thereon, to, or for use of, a department or agency of the United
States to carry out any of the following activities, unless the funds
shall previously have been authorized by a bill or joint resolution
passed by the House during the same or preceding fiscal year to carry
out such activity for such fiscal year:
(1) The activities of the Central Intelligence Agency and the
Director of Central Intelligence.
(2) The activities of the Defense Intelligence Agency.
(3) The activities of the National Security Agency.
[[Page 515]]
(4) The intelligence and intelligence-related activities of other
agencies and subdivisions of the Department of Defense.
(5) The intelligence and intelligence-related activities of the
Department of State.
(6) The intelligence and intelligence-related activities of the
Federal Bureau of Investigation, including all activities of the
Intelligence Division.
(j)(1) In this clause the term ``intelligence and intelligence-related
activities'' includes--
(A) the collection, analysis, production, dissemination, or use of
information that relates to a foreign country, or a government,
political group, party, military force, movement, or other association
in a foreign country, and that relates to the defense, foreign policy,
national security, or related policies of the United States and other
activity in support of the collection, analysis, production,
dissemination, or use of such information;
(B) activities taken to counter similar activities directed
against the United States;
(C) covert or clandestine activities affecting the relations of
the United States with a foreign government, political group, party,
military force, movement, or other association;
(D) the collection, analysis, production, dissemination, or use of
information about activities of persons within the United States, its
territories and possessions, or nationals of the United States abroad
whose political and related activities pose, or may be considered by
[[Page 516]]
a department, agency, bureau, office, division, instrumentality, or
employee of the United States to pose, a threat to the internal security
of the United States; and
(E) covert or clandestine activities directed against persons
described in subdivision (D).
(2) In this clause the term ``department or agency'' includes any
organization, committee, council, establishment, or office within the
Federal Government.
(3) For purposes of this clause, reference to a department, agency,
bureau, or subdivision shall include a reference to any successor
department, agency, bureau, or subdivision to the extent that a
successor engages in intelligence or intelligence-related activities now
conducted by the department, agency, bureau, or subdivision referred to
in this clause.
(k) Clause 12(a) of rule XXII does not apply to meetings of a
conference committee respecting legislation (or any part thereof)
reported by the Permanent Select Committee on Intelligence.
This clause (former rule XLVIII) was <> adopted in
the 95th Congress (H. Res. 658, July 14, 1977, pp. 22932-49) and has had
several technical amendments: (1) to change the size of the Select
Committee from 13 to 14 members (H. Res. 70, 96th Cong., Jan. 25, 1979,
p. 1023); (2) to reflect a change in the name of a committee (H. Res.
89, 96th Cong., Feb. 5, 1979, p. 1848); (3) to change the size to not
more than 16 members (H. Res. 33, 99th Cong., Jan. 30, 1985, p. 1271);
(4) to change the size to not more than 17 members and to change the
cross-reference in clause 7(c)(1) to include paragraph (a) or (b) (H.
Res. 5, 100th Cong., Jan. 6, 1987, p. 6); (5) to change the size to not
more than 19 members (H. Res. 5, 101st Cong., Jan. 3, 1989, p. 73) and
to permit the Speaker to attend meetings and have access to information
(H. Res. 268, Nov. 14, 1989, p. 28789); (6) to strike obsolete language
relating to tenure restrictions in clause 1 and relating to the
requirement for authorizations of appropriations in clause 9 (H. Res. 5,
102d Cong., Jan. 3, 1991,
[[Page 517]]
p. 39); (7) to make certain conforming changes (Budget Enforcement Act
of 1997, sec. 10104, P.L. 105-33; H. Res. 5, Jan. 6, 1999, p. ----); (8)
to increase the size of the Committee to not more than 18 members, of
whom not more than 10 shall be of the same political party (sec. 2(h),
H. Res. 5, 107th Cong., Jan. 3, 2001, p. ----); and (9) to make a
clerical correction in a cross reference (sec. 2(x), H. Res. 5, 107th
Cong., Jan. 3, 2001, p. ----). Before the House recodified its rules in
the 106th Congress, this provision was found in former rule XLVIII (H.
Res. 5, Jan. 6, 1999, p. ----). By order of the House, the size of the
Committee was increased for the 107th Congress to not more than 20
members, of whom not more than 11 shall be of the same political party
(Jan. 6, 2001, p. ----).
More substantive amendments have been adopted as follows: (1) clause 4
was amended to make former clause 6(c) of rule XI (current clause 9(c)
of rule X) applicable to salaries of the staff of the Select Committee
(H. Res. 5, Jan. 15, 1979, pp. 7-16); (2) paragraph (d) (former clause
4) was amended to make an exception to the provisions of clause 2(g)(2)
of rule XI (requiring a majority of the membership of a committee be
present in order to vote to close a hearing) to allow the Select
Committee to vote to go into executive session if a majority of the
members present, there being in attendance the requisite number under
the Select Committee rules for the purpose of taking testimony,
determine that it is necessary to do so for national security reasons
(but in no event to be determined by less than two members) (H. Res.
165, Mar. 29, 1979, p. 6820); and (3) paragraph (d) (former clause 4)
was amended to provide the Select Committee with permanent professional
and clerical staff as provided by former clauses 6(a) and (b) of rule XI
(current clauses 9(a) and (b) of rule X) (H. Res. 58, Mar. 1, 1983, p.
3241).
In the 104th Congress the rule was amended in several different
respects: (1) to limit the size of the panel to 16, with no more than
nine members from the same party; (2) to set the tenure limitation at
four Congresses within a period of six Congresses, with exceptions for
ongoing service as chairman or ranking minority member; (3) to make the
Speaker (rather than the Majority Leader) an ex officio member of the
panel (as opposed to his former free access to its meetings and
information); (4) to clarify jurisdiction over the National Foreign
Intelligence Program and the tactical intelligence and intelligence-
related activities of the Department of Defense; (5) to clarify staffing
arrangements for the Speaker and the Minority Leader as ex officio
members; and (6) to conform references to renamed committees (sec. 221,
H. Res. 6, Jan. 4, 1995, p. 469).
The resolution creating the Select Committee directed the committee to
make a study with respect to intelligence and intelligence-related
activities of the U.S. and to report thereon, together with appropriate
recommendations, not later than the close of the 95th Congress (sec. 3,
H. Res. 658; see H. Rept. 95-1795, Oct. 14, 1978), and transferred to
the Select Committee all records, files, documents, and other materials
of the
[[Page 518]]
Select Committee on Intelligence of the 94th Congress in the possession,
custody, or control of the Clerk of the House.
The Select Committee has concurrent jurisdiction with the Committee on
the Judiciary over bills concerning electronic surveillance of foreign
intelligence (Nov. 4, 1977, p. 37070); concurrent jurisdiction with the
Committees on Science, Space, and Technology (now Science) and Foreign
Affairs (now International Relations) over a bill establishing a
satellite monitoring commission (Mar. 15, 1988, p. 3847); and sole
jurisdiction over a resolution of inquiry directing the Secretary of
Defense to furnish to the House documents and information on Cuban or
other foreign military or paramilitary presence in Panama or the Canal
Zone (Apr. 6, 1978, p. 9105).
Paragraph (g)(2) places restrictions on the Select Committee only with
respect to the public disclosure of classified information in the
possession of that committee, and does not prevent the House from
determining to release any matter properly presented to it in secret
session pursuant to clause 9 of rule XVII (former rule XXIX) (Feb. 25,
1980, p. 3618).
For a discussion of the role of the Permanent Select Committee on
Intelligence in regulating access to the classified records of the
former Select Committee on U.S. National Security and Military/
Commercial Concerns With the People's Republic of China, see Sec. 1112a,
infra.
In the 107th Congress the Select Committee was given oversight
authority described in clause 3(l) of rule X (sec. 2(f), H. Res. 5, Jan.
3, 2001, p. ----).