[House Report 118-678]
[From the U.S. Government Publishing Office]
118th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 118-678
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HOUSE OFFICE OF LEGISLATIVE COUNSEL MODERNIZATION ACT
_______
September 16, 2024.--Referred to the House Calendar and ordered to be
printed
_______
Mr. Steil, from the Committee on House Administration, submitted the
following
R E P O R T
together with
MINORITY VIEWS
[To accompany H.R. 9487]
The Committee on House Administration, to whom was referred
the bill (H.R. 9487) to amend the Legislative Reorganization
Act of 1970 to authorize the Legislative Counsel of the House
of Representatives to designate more than one of the attorneys
of the Office of the Legislative Counsel as a Deputy
Legislative Counsel, and for other purposes, having considered
the same, reports favorably thereon without amendment and
recommends that the bill do pass.
CONTENTS
Page
Purpose and Summary.............................................. 2
Background and Need for Legislation.............................. 2
Committee Action................................................. 4
Committee Consideration.......................................... 4
Committee Votes.................................................. 4
Statement of Constitutional Authority............................ 4
Committee Oversight Findings..................................... 4
Statement of Budget Authority and Related Items.................. 5
Congressional Budget Office Estimate............................. 5
Performance Goals and Objectives................................. 5
Duplication of Federal Programs.................................. 5
Advisory on Earmarks............................................. 5
Federal Mandates Statement....................................... 5
Advisory Committee Statement..................................... 5
Applicability to Legislative Branch.............................. 5
Section-by-Section Analysis...................................... 6
Changes in Existing Law Made by the Bill, as Reported............ 6
Minority Views................................................... 8
Purpose and Summary
H.R. 9487, the House Office of Legislative Counsel
Modernization Act, introduced by Representative Bryan Steil
(WI-01), authorizes the House Legislative Counsel to designate
more than one of the attorneys in their office to be Deputy
Legislative Counsels, and allows appointment of one Deputy to
fulfill the leadership role of this office in the case of
vacancy, disability, or absence. This slight change will help
the Office better manage its operations and prepare for
vacancies, a necessary step to make sure the Office of
Legislative Counsel can meet member and committee needs.
Background and Need for Legislation
BACKGROUND
The House Office of Legislative Counsel serves members of
the House of Representatives by providing drafting services on
a non-partisan, impartial, and confidential basis. The initial
service of professional legislative drafting began as an
experiment offered to the House by the Legislative Drafting
Research Fund at Columbia University. Middleton Beaman, a
Columbia University law professor and librarian of the Library
of Congress, received funding from this program to demonstrate
the drafting services he could offer. Beaman supported the
House Ways and Means Committee with their drafting of revenue
bills and tax legislation for two years, and the initial
experiment was a success.
The Revenue Act of 1918\1\ formally established the
Legislative Drafting Service to serve under the direction of
two draftsmen, one appointed by the President of the Senate,
and one appointed by the Speaker of the House ``without
reference to political affiliations and solely on the ground of
fitness to perform the duties of the office.'' The Drafting
Service was tasked with assisting in drafting bills,
resolutions or amendments on the request of any committee, with
the Senate and House Library Committees retaining jurisdiction
to determine any preference over requests. Beaman was named the
first House Legislative Draftsman and served from its inception
in 1919 through 1949.
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\1\Public Law 65-254; 40 Stat. 1057.
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Through Section 1101 of the Revenue Act of 1924,\2\ this
Service was renamed the Office of Legislative Counsel, and the
draftsmen titles were changed to legislative counsel. The law
did not set a term for the legislative counsel, instead
reiterating that the President of the Senate and Speaker of the
House shall allocate the positions of legislative counsel
``from time to time,'' and jointly to appropriate compensation
levels. According to the House of Representatives Office of
History, Art, and Archives, the renaming was largely made to
avoid confusion with the Legislative Reference Service, the
forerunner to the modern Congressional Research Service.
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\2\Public Law 68-176; 43 Stat. 253.
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The Legislative Reorganization Act of 1970\3\ established
in U.S. Code the House Office of Legislative Counsel and
created the structure that remains in place today. Title V of
this Act\4\ identified the purpose of the Office to ``advise
and assist the House of Representatives, and its committees and
Members, in the achievement of a clear, faithful, and coherent
expression of legislative policies.'' It mandated impartiality
on issues of legislative policy, directed the office to not
advocate for adoption or rejection of legislation except when
requested by the Speaker of committee on issues directly
affecting functions of the Office. The Legislative Counsel was
formally vested with the management, supervision, and
administration of the Office, and states their appointment by
the Speaker of the House solely on the basis of fitness to
perform the duties of the position. It also gave the
Legislative Counsel, with Speaker approval, the ability to
appoint attorneys and other employees as may be necessary for
prompt and efficient performance of the Office, specifically
including a full-time Office Administrator. This was
subsequently changed through the Legislative Branch
Appropriations Act of 1972\5\ which substituted provisions for
an Office Administrator with language specifying that one of
the attorneys appointed shall be designated as Deputy
Legislative Counsel, and during absence, disability or vacancy
of the Legislative Counsel, the Deputy would perform those
functions. This language gave the Legislative Counsel the
ability to delegate to the Deputy and other employees functions
deemed necessary.
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\3\Public Law 91-510; 84 Stat. 1201.
\4\2 U.S.C. 281 et seq.
\5\Public Law 92-51; 85 Stat. 132.
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NEED FOR LEGISLATION
Representative Bryan Steil (WI-01) introduced H.R. 9487 to
address critical modernization needs at the House Office of
Legislative Counsel, to prepare for any vacancies or absences
in the leadership for this office.
According to testimony provided by Legislative Counsel E.
Wade Ballou,\6\ the amount of legislative drafting requests
received by their office has increased significantly over the
past few Congresses. HOLC-prepared discrete drafts of
legislation have increased 36% from the first session 115th
Congress through the first session of the 118th Congress, with
the average number of requests per Member for Legislative
Counsel support of the have increased 76%. One area of
increased legislative work includes amendments. Over the same
period of time (115th Congress through 118th Congress), there
was a 39% increase in the number of amendments prepared by the
Office. The Office has increased personnel to meet this demand;
from the first session of the 115th Congress to the first
session of the 118th Congress, the Office has a net gain of 12
attorneys (a 24% increase).
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\6\See Statement of E. Wade Ballou, Jr., Legislative Counsel,
Office of the House Legislative Counsel, Fiscal Year 2025 Request for
the United States House of Representatives; Hearing before the House
Legislative Branch Appropriations Subcommittee, 118th Congress (2024).
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Despite moderate staffing increases, as currently
constituted, the House Legislative Counsel is only able to
designate one attorney in the Office to serve as a Deputy
Legislative Counsel. During any absence or vacancy, the Deputy
shall perform the functions of the Legislative Counsel. In
conversations between the Committee on House Administration and
the House Office of Legislative Counsel, the Committee learned
that the current structure of the statute does not provide
management flexibility for the Office by providing for only one
deputy.
The House Legislative Counsel, which leads this office, is
appointed by the Speaker of the House. Unlike other House
officials that are Speaker-appointed, the Legislative Counsel
is covered in statute and not included in House Rule II with
other House Officers. Any changes made to the Office, the
functions, and staff require action taken by Congress that
focuses on section 282 of title 2, U.S. Code.
Committee Action
INTRODUCTION AND REFERRAL
On September 6, 2024, Representative Bryan Steil (WI-01)
introduced H.R. 9487, the House Office of Legislative Counsel
Modernization Act. The bill was referred to the U.S. House of
Representatives Committee on House Administration.
HEARINGS
The Committee on House Administration did not conduct a
hearing to discuss H.R. 9487.
Committee Consideration
On September 11, 2024, the Committee on House
Administration met in open session and ordered the bill, H.R.
9487, the House Office of Legislative Counsel Modernization
Act, favorably reported, with a quorum being present.
Committee Votes
In compliance with clause 3(b) of House rule XIII, the
following vote occurred during the Committee's consideration of
H.R. 9487:
1. Vote to report H.R. 9487 favorably, to the House
of Representatives, passed by voice vote.
Statement of Constitutional Authority
Congress has the power to enact this legislation pursuant
to the following:
Article I, Section 8, Clause 18, ``To make
all Laws which shall be necessary and proper for
carrying into Execution the foregoing Powers, and all
other Powers vested by this Constitution in the
Government of the United States, or in any Department
of Officer thereof.''
Committee Oversight Findings
In compliance with clause 3(c)(1) of House rule XIII, the
Committee advises 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 in the descriptive portions of this report.
Statement of Budget Authority and Related Items
Pursuant to clause 3(c)(2) of rule XIII of the Rules of the
House of Representatives and section 308(a)(I) of the
Congressional Budget Act of 1974, the Committee provides the
following opinion and estimate with respect to new budget
authority, entitlement authority, and tax expenditures. The
Committee believes that there will be no additional costs
attributable to H.R. 9487.
Congressional Budget Office Estimate
With respect to the requirement of clause 3(c)(3) of rule
XIII of the Rules of the House of Representatives, a cost
estimate provided by the Congressional Budget Office pursuant
to section 402 of the Congressional Budget Act of 1974 was not
made available to the Committee in time for the filing of this
report. The Chairman of the Committee shall cause such an
estimate to be printed in the Congressional Record if it is
received by the Committee.
Performance Goals and Objectives
The performance goals and objectives of H.R. 9487 are to
provide management flexibility to the House Legislative
Counsel, by providing the ability to appoint multiple deputies
for this Office and specify one which shall fulfill the
responsibilities and functions of Legislative Counsel in cases
of vacancy, absence, or disability.
Duplication of Federal Programs
Pursuant to clause 3(c)(5) of House rule XIII, no provision
of H.R. 9487 establishes or reauthorizes a program of the
federal government known to be duplicative of another federal
program.
Advisory on Earmarks
In accordance with clause 9 of House rule XXI, H.R. 9487
does not contain any congressional earmarks, limited tax
benefits, or limited tariff benefits as defined in clauses
9(d), 9(e), or 9(f) of House rule XXI.
Federal Mandates Statement
An estimate of federal mandates prepared by the Director of
the Congressional Budget Office pursuant to section 423 of the
Unfunded Mandates Reform Act was not made available to the
Committee in time for the filing of this report. The Chairman
of the Committee shall cause such an estimate to be printed in
the Congressional Record if it is received by the Committee.
Advisory Committee Statement
H.R. 9487 does not establish or authorize any new advisory
committees.
Applicability to Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
Section-by-Section Analysis
Section 1
This section provides a short title for H.R. 9487, the
House Office of Legislative Counsel Modernization Act.
Section 2
This section amends section 522(b)(1) of the Legislative
Reorganization Act of 1970 (2 U.S.C. 282a(b)(1)), to allow the
Legislative Counsel to designate one or more deputy legislative
counsels. During an absence or disability of the Legislative
Counsel, or if that office is vacant, the functions of the
Legislative Counsel shall be performed by a Deputy. If there is
more than one deputy, there shall be one designated in a notice
filed with the Speaker and Minority Leader by the Legislative
Counsel.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, and existing law in which no
change is proposed is shown in roman):
LEGISLATIVE REORGANIZATION ACT OF 1970
* * * * * * *
TITLE V--OFFICE OF THE LEGISLATIVE COUNSEL
Subtitle A--House of Representatives
* * * * * * *
Part 2--Administration
* * * * * * *
staff
Sec. 522. (a) With the approval of the Speaker, or in
accordance with policies and procedures approved by the
Speaker, the Legislative Counsel shall appoint such attorneys
and other employees as may be necessary for the prompt and
efficient performance of the functions of the Office. Any such
appointment shall be made without regard to political
affiliation and solely on the basis of fitness to perform the
duties of the position. Any person so appointed may be removed
by the Legislative Counsel with the approval of the Speaker, or
in accordance with policies and procedures approved by the
Speaker.
(b)(1) [One of the attorneys appointed under subsection (a)
shall be designated by the Legislative Counsel as Deputy
Legislative Counsel.] The Legislative Counsel shall designate
one or more of the attorneys appointed under subsection (a) as
a Deputy Legislative Counsel. During the absence or disability
of the Legislative Counsel, or when the office is vacant, [the
Deputy Legislative Counsel shall perform the functions of the
Legislative Counsel.] the functions of the Legislative Counsel
shall be performed by a Deputy Legislative Counsel. If there is
more than one Deputy Legislative Counsel, the Deputy
Legislative Counsel who shall perform such functions shall be
determined in accordance with the order specified in a notice
filed with the Speaker and the Minority Leader of the House by
the Legislative Counsel.
(2) The Legislative Counsel may delegate to the [Deputy
Legislative Counsel] Deputy Legislative Counsels and to other
employees appointed under subsection (a) such of his functions
as he considers necessary or appropriate.
* * * * * * *
MINORITY VIEWS
H.R 9487 is a bipartisan bill clarifying the role of the
Deputy Legislative Counsel within House Office of Legislative
Counsel (``HOLC'') in situations when the Legislative Counsel
is absent or otherwise incapacitated.
The expert attorneys within HOLC draft tens of thousands of
bills, resolutions, and amendments each year. HOLC's already
significant workload will increase because of the Supreme
Court's recent decisions in Loper Bright Enterprises v.
Raimondo\1\ and Corner Post, Inc. v. Board of Governors of the
Federal Reserve System,\2\ which overturned the longstanding
Chevron Doctrine and effectively abolished the six-year statute
of limitations applicable to lawsuits against the government.
As noted by Dr. Joshua Chafetz during the Committee's July 23,
2024, hearing entitled, ``Congress in a Post-Chevron World,''
this upended decades of administrative law and will necessitate
an increase in Congressional lawmaking capacity.\3\
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\1\Loper Bright Enterprises v. Raimondo, 603 U.S. __, 144 S. Ct.
2244 (2024).
\2\Corner Post, Inc. v. Bd. of Governors of Fed. Rsrv. Sys., 603
U.S. __, 144 S. Ct. 2440 (2024).
\3\Congress in a Post-Chevron World: Hearing Before the H. Comm. on
Admin., 118th Cong. (2024) (Statement of Dr. Joshua Chafetz).
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Without a clear succession plan and procedures to ensure
continuity of government operations, HOLC would be at risk of
paralysis at a time when Congress and the American people might
need them most. H.R. 9487 is a commonsense measure that ensures
HOLC has the authorities needed to ensure continuity of
operations by providing the Legislative Counsel with the
authority needed to identify the Deputy Legislative Counsel
that would perform their functions should they be unavailable.
Joseph D. Morelle.