House Report 111-59 - PROVIDING FOR THE EXPENSES OF CERTAIN COMMITTEES OF THE HOUSE OF REPRESENTATIVES IN THE ONE HUNDRED ELEVENTH CONGRESS

[House Report 111-59]
[From the U.S. Government Publishing Office]

111th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 111-59

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PROVIDING FOR THE EXPENSES OF CERTAIN COMMITTEES OF THE HOUSE OF
REPRESENTATIVES IN THE ONE HUNDRED ELEVENTH CONGRESS

_______

March 27, 2009.--Referred to the House Calendar and ordered to be
printed

_______

Mr. Brady of Pennsylvania, from the Committee on House Administration,
submitted the following

R E P O R T

together with

ADDITIONAL VIEWS

[To accompany H. Res. 279]

[Including cost estimate of the Congressional Budget Office]

The Committee on House Administration, to whom was referred
the resolution (H. Res. 279) providing for the expenses of
certain committees of the House of Representatives in the One
Hundred Eleventh Congress, having considered the same, report
favorably thereon with an amendment and recommend that the
resolution be agreed to.
The amendment is as follows:
Strike all after the resolving clause and insert the
following:

SECTION 1. COMMITTEE EXPENSES FOR THE ONE HUNDRED ELEVENTH CONGRESS.

(a) In General.--With respect to the One Hundred Eleventh Congress,
there shall be paid out of the applicable accounts of the House of
Representatives, in accordance with this primary expense resolution,
not more than the amount specified in subsection (b) for the expenses
(including the expenses of all staff salaries) of each committee named
in such subsection.
(b) Committees and Amounts.--The committees and amounts referred to
in subsection (a) are: Committee on Agriculture, $12,878,997; Committee
on Armed Services, $15,842,663; Committee on the Budget, $12,701,442;
Committee on Education and Labor, $17,571,062; Committee on Energy and
Commerce, $23,589,560; Select Committee on Energy Independence and
Global Warming, $4,167,500; Committee on Financial Services,
$18,315,034; Committee on Foreign Affairs, $18,847,305; Committee on
Homeland Security, $17,776,261; Committee on House Administration,
$11,069,489; Permanent Select Committee on Intelligence, $10,850,000;
Committee on the Judiciary, $18,837,171; Committee on Natural
Resources, $16,567,929; Committee on Oversight and Government Reform,
$22,343,273; Committee on Rules, $7,141,021; Committee on Science and
Technology, $14,048,942; Committee on Small Business, $7,236,082;
Committee on Standards of Official Conduct, $5,577,169; Committee on
Transportation and Infrastructure, $20,874,154; Committee on Veterans'
Affairs, $7,668,691; and Committee on Ways and Means, $20,634,454.

SEC. 2. FIRST SESSION LIMITATIONS.

SEC. 3. SECOND SESSION LIMITATIONS.

(a) In General.--Of the amount provided for in section 1 for each
committee named in subsection (b), not more than the amount specified
in such subsection shall be available for expenses incurred during the
period beginning at noon on January 3, 2010, and ending immediately
before noon on January 3, 2011.
(b) Committees and Amounts.--The committees and amounts referred to
in subsection (a) are: Committee on Agriculture, $6,562,667; Committee
on Armed Services, $8,072,843; Committee on the Budget, $6,350,721;
Committee on Education and Labor, $8,953,572; Committee on Energy and
Commerce, $12,020,379; Select Committee on Energy Independence and
Global Warming, $2,070,600; Committee on Financial Services,
$9,332,673; Committee on Foreign Affairs, $9,603,899; Committee on
Homeland Security, $9,058,134; Committee on House Administration,
$5,640,608; Permanent Select Committee on Intelligence, $5,462,500;
Committee on the Judiciary, $9,598,735; Committee on Natural Resources,
$8,442,412; Committee on Oversight and Government Reform, $11,385,317;
Committee on Rules, $3,602,358; Committee on Science and Technology,
$7,158,828; Committee on Small Business, $3,687,243; Committee on
Standards of Official Conduct, $2,841,922; Committee on Transportation
and Infrastructure, $10,636,707; Committee on Veterans' Affairs,
$3,907,685; and Committee on Ways and Means, $10,514,565.
(c) Review of Use of Funds in First Session.--None of the amounts
provided for in section 1 for a committee named in subsection (b) may
be available for expenses of the committee after February 3, 2010,
unless the chair or ranking minority member of the committee appears
and presents testimony at a hearing of the Committee on House
Administration held prior to such date to review the committee's use of
the amounts provided for in section 1 during the first session of the
One Hundred Eleventh Congress and to determine whether the amount
specified in subsection (b) with respect to the committee should be
updated on the basis of the review.

SEC. 4. VOUCHERS.

Payments under this resolution shall be made on vouchers authorized
by the committee involved, signed by the chairman of such committee,
and approved in the manner directed by the Committee on House
Administration.

SEC. 5. REGULATIONS.

Amounts made available under this resolution shall be expended in
accordance with regulations prescribed by the Committee on House
Administration.

COMMITTEE ACTION

On March 25, 2009, by voice vote, the Committee agreed to
an amendment in the nature of a substitute, and by voice vote,
with a quorum present, the Committee agreed to a motion to
report H. Res. 279, as amended, favorably to the House.

COMMITTEE OVERSIGHT FINDINGS

In compliance with clause 3(c)(1) of rule XIII of the Rules
of the House of Representatives, the Committee states that the
findings and recommendations of the Committee, based on
oversight activities under clause 2(b)(1) of rule X of the
Rules of the House of Representatives, are incorporated into
the descriptive portions of this report.

STATEMENT OF BUDGET AUTHORITY AND RELATED ITEMS

The resolution does not provide new budget authority, new
spending authority, new credit authority, or an increase or
decrease in revenues or tax expenditures and a statement under
clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives and section 308(a)(1) of the Congressional
Budget Act of 1974 is not required.

CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

In compliance with clause 3(c)(3) of rule XIII of the Rules
of the House, the Committee states, with respect to the
resolution, that the Director of the Congressional Budget
Office did not submit a cost estimate and comparison under
section 402 of the Congressional Budget Act of 1974.

STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

The Committee states, with respect to clause 3(c)(4) of
rule XIII of the Rules of the House, that the general
discussion section of this report includes a statement of the
general performance goals and objectives, including outcome-
related goals and objectives, for which H. Res. 279 authorizes
funding.

RECORD VOTES

In compliance with clause 3(b) of rule XIII of the Rules of
the House, with respect to each record vote on a motion to
report the resolution and on any amendment offered to the
resolution, there were no record votes on the motion to report
the resolution or on any amendment offered to the resolution.

GENERAL DISCUSSION

On March 25, 2009, the Committee by voice vote ordered H.
Res. 279 favorably reported to the House with an amendment in
the nature of a substitute. The substitute reflected the
Committee's conclusions regarding the availability of funds to
support each committee of the House, and also incorporated an
amendment to the substitute by Rep. Lungren to require a review
of the use of committee funds at the beginning of the second
session of the 111th Congress.

Background

The Committee on House Administration processes the
legislation by which standing and select committees of the
House (except the Committee on Appropriations) are authorized
operating funds in a Congress.
During the first three months of each new Congress, House
rule X, clause 7, authorizes House committees to continue
operations based on their funding authorizations from the
preceding session. This continuing authorization allows
committees to organize, adopt legislative and oversight
agendas, and seek spending authority through the adoption of a
primary expense resolution by the House.
The funding process begins after a House committee
determines its biennial funding needs, and introduces a House
resolution seeking those funds. Under House rule X, clause 6,
all funding resolutions, which are referred to as primary
expense resolutions, are referred to the Committee on House
Administration. After all committee expense resolutions have
been introduced, the Committee combines the resolutions into a
single, omnibus primary expense resolution. Since this funding
process merely authorizes the expenditure of funds already
provided (or to be provided) in appropriations acts, the
funding measure takes the form of a simple House resolution--no
Senate or presidential approval is required. Working with
whatever funds are or will be made available through
appropriations acts, and after reviewing committee budget
submissions, the Committee recommends an appropriate allocation
of the available funds.

111th Congress proceedings

H. Res. 279, as introduced on March 24, 2009 by Chairman
Brady, constituted the omnibus primary expense resolution,
which simply incorporated all of the amounts requested by the
21 covered House committees in their individual resolutions.
The Committee recognizes that each standing and select
committee carefully assessed its anticipated workload and
staffing requirements, and requested the sums considered
necessary to discharge its responsibilities. Each committee had
to make this request while giving heavy consideration to both
the state of the economy and the increased workload anticipated
in the 111th Congress. Committees were asked to submit requests
that reflected what they would need to effectively execute
their duties, with the understanding that not all requests
could be fulfilled.
In April 2008, Chairman Brady requested sufficient
appropriations to allow committees to conduct robust oversight
of federal policy and the implementation of federal laws, to
replace aging computers and other office equipment, and to
secure a cost of living adjustment in support of staff
retention. However, the intervening economic situation requires
government entities to achieve their objectives by using
reduced resources more efficiently, even where, in the case of
House committees, additional effort is required to ensure
adequate oversight of the nation's economic recovery, to ensure
a cost-effective solution to the nation's health care
deficiencies, to address global warming and environmental
degradation, and to invest appropriately and efficiently in the
nation's education to prepare future generations for their
place in the global economy. The committee is recommending to
the House an authorization to expend approximately $149.6
million in the first session, and $154.9 million in the second
session--a 4.78 percent and 3.9 percent increase respectively.
Within those limits, targeted increases were provided to the
Committees on Energy and Commerce, Financial Services, Small
Business, and Standards of Official Conduct, which are expected
to address respectively health care reform, energy policy and
climate change; TARP oversight, stimulus investments and the
Federal financial regulatory system; small business needs in a
struggling economy; and vigorous enforcement of ethical
standards.
The Committee's amendment in the nature of a substitute
authorizes a total of $304,538,200 over the two years of the
111th Congress ending in 2011. One-third of the resources are
to support work by the minority, and the Committee believes
that the chairs and ranking minority members will shepherd
their resources carefully, and will still be able to fulfill
their responsibilities to the House, despite the approximately
$12.4 million shortfall in funding below the levels requested
by each of the committees.
While appropriations covering the second session have yet
to be enacted, the Committee's amendment reflects the best
assessment, by the appropriators and by the House's financial
managers, as to the amount that will be available to support
committees in the second session. Typically the workload of all
committees is greater during the second session of any
Congress. The Committee on House Administration expects this
pattern will continue as the 111th Congress engages in critical
legislative and oversight work.
The amounts for each committee contained in the Committee
amendment in the nature of a substitute are as follows:

----------------------------------------------------------------------------------------------------------------
111th 1st 111th 2nd
Committee session session 111th total
----------------------------------------------------------------------------------------------------------------
Agriculture..................................................... $6,316,330 $6,562,667 $12,878,997
Armed Services.................................................. 7,769,820 8,072,843 15,842,664
The Budget...................................................... 6,350,721 6,350,721 12,701,442
Education and Labor............................................. 8,617,490 8,953,572 17,571,062
Energy and Commerce............................................. 11,569,181 12,020,379 23,589,560
Energy Independence & Global Warming............................ 2,096,900 2,070,600 4,167,500
Financial Services.............................................. 8,982,361 9,332,673 18,315,034
Foreign Affairs................................................. 9,243,406 9,603,899 18,847,305
Homeland Security............................................... 8,718,127 9,058,134 17,776,261
House Administration............................................ 5,428,881 5,640,608 11,069,489
Intelligence.................................................... 5,387,500 5,462,500 10,850,000
The Judiciary................................................... 9,238,436 9,598,735 18,837,170
Natural Resources............................................... 8,125,517 8,442,412 16,567,930
Oversight and Government Reform................................. 10,957,956 11,385,317 22,343,273
Rules........................................................... 3,538,663 3,602,358 7,141,021
Science and Technology.......................................... 6,890,114 7,158,828 14,048,941
Small Business.................................................. 3,548,839 3,687,243 7,236,082
Standards of Official Conduct................................... 2,735,247 2,841,922 5,577,169
Transportation and Infrastructure............................... 10,237,447 10,636,707 20,874,154
Veterans' Affairs............................................... 3,761,006 3,907,685 7,668,691
Ways and Means.................................................. 10,119,889 10,514,565 20,634,454
Grand Total............................................... 149,633,831 154,904,368 304,538,199
----------------------------------------------------------------------------------------------------------------

Accountability

In an effort to increase funding accountability, Chairman
Brady and Ranking Member Lungren have agreed to conduct a mid-
Congress review of how committee funds are being used. This
agreement is reflected in a Lungren amendment to the substitute
resolution that requires a review of the use of funds from the
first session. These proceedings will be open to the public,
and will provide an indicator of how effectively and
efficiently funding allocations are being used.

Transparency

Under Committee rules, all covered standing and select
committees are required to submit monthly financial reports
covering their expenses and activities to the Committee on
House Administration. In order to enhance transparency and
public access, the Committee will be working to implement a
new, web-based system to open these monthly financial reports
to broad public scrutiny. The Committee will continue to look
for effective ways to ensure public access and ease of use of
these reports.

Minority allocation

Every effort was made to ensure that the fairness principle
was applied during the funding process so that the minority
party would be fully supported in its efforts to perform as the
``loyal opposition,'' and be in a position to contribute fully
to the legislative and oversight initiatives of each committee.
The fairness principle takes the form of the ``1/3 rule,'' a
position advocated by the Republicans when they were previously
in the minority, by the Democrats during the 12 years when they
were in the minority, and again by the current Republican
minority. The Committee believes that the principle has now
become firmly established as a benchmark for the allocation of
resources, committee by committee, and that irrespective of
which party is in the majority, the ``1/3 rule'' will be
carried forward. While this fairness principle is well
established, each committee must still implement the principle
in a manner consistent with its own operating practices and
procedures. In hearings, each ranking minority member was asked
if he or she was being treated fairly, and all committees
appeared to be in compliance. As chairs and ranking minority
members change from Congress to Congress, the Committee expects
that the fairness principle will continue to address the needs
of the minority.

Procedural and other concerns

The Committee on House Administration attempted to address
the concerns raised during the 110th funding cycle by beginning
the process earlier and allowing the committees sufficient time
to formulate their requests. In the previous Congress, a flat-
line, inflation-related increase, imposed from the previous
majority's continuing resolution, did not allow committees to
meet their real needs for staffing and resources. Had these
needs been met, it would have allowed committees to tackle a
backlog of oversight work, as well as the new legislative
agenda from both the House Leadership and the new
Administration.
The Committee on House Administration would have preferred
for this funding cycle to fully address the requests of all
committees, but the current state of the economy, and the huge
obligations recently taken on by the federal government, have
created an undeniable budgetary constraint. The Committee, in
exercising fiscal restraint, nonetheless has full confidence
that each committee will still be able to fulfill its
obligation to the nation's citizens.
In addition to the chairs' and ranking minority members'
concerns about funding, there were additional concerns
expressed about the ability of committees to attract and retain
senior- level legislative and oversight experts and
professionals because the current salary cap is not competitive
with the private sector. Some committees indicated that some
new employees were accepting committee positions at salaries
below their previous private-sector levels, based upon a desire
to perform in the public service. This is a noble and laudable
sacrifice, but it remains imperative that committee salary caps
become competitive with the private sector, or effective
congressional oversight will suffer and remain suboptimum.

ADDITIONAL VIEWS

ADDITIONAL VIEWS OF THE HONORABLE DANIEL E. LUNGREN, THE
HONORABLE KEVIN McCARTHY, AND THE HONORABLE GREGG HARPER

H. RES. 279, PROVIDING FOR THE EXPENSES OF CERTAIN COMMITTEES OF THE
HOUSE OF REPRESENTATIVES IN THE ONE HUNDRED ELEVENTH CONGRESS.

A healthy democracy requires healthy debate. When
Republicans assumed the majority in 1995, one of the first
reforms enacted was the creation of a culture in which minority
staff on Committees would receive a one-third share of
committee resources as the norm. We were pleased to see this
continue through the 110th Congress. While our preference would
have been to set out the one-third/two-third principle in the
Committee Funding Resolution, we are encouraged that during
both the hearing and markup, Chairman Brady and other chairs
made very strong statements in support of this principle for
the future. We trust that Chairman Brady will continue his
commitment to fairness in dealing with any concerns that may
come up regarding this issue in the coming Congress.
In addition, we are pleased that the majority incorporated
so many of the minority's suggestions to promote
accountability, transparency, and oversight of the House. In
addition to adopting the Lungren amendment to have the Chairs
and/or Ranking Members return to the Committee after one year
for an additional oversight hearing, the majority has agreed to
work with us to move towards the goal of making monthly
committee reports available online. Increasing transparency and
accountability serves this institution well and is a
responsible way for allowing the public to scrutinize the
workings of the Congress. We appreciate the efforts made by
Chairman Brady and his staff to work with us in advancing and
improving this process.

Daniel E. Lungren.
Kevin McCarthy.
Gregg Harper.