[House Practice: A Guide to the Rules, Precedents and Procedures of the House]
[Committees]
[From the U.S. Government Printing Office, www.gpo.gov]
[[Page 217]]
COMMITTEES
A. Generally; Establishing Committees
Sec. 1. The Committee System; Standing, Select, and Joint Committees
Sec. 2. Establishing Committees
Sec. 3. Committee Expenses; Funding
B. Chairmen, Members, and Staff; Elections and
Appointments
Sec. 4. In General; Membership and Seniority
Sec. 5. Numerical Composition of Committees; Party Ratios
Sec. 6. The Chairman's Role
Sec. 7. Committee Employees and Staff
C. Committee Functions; Jurisdiction and Authority
Sec. 8. Legislative Jurisdiction
Sec. 9. Oversight Jurisdiction
Sec. 10. Investigative Jurisdiction and Authority
Sec. 11. Standing Committees
Sec. 12. Select Committees
Sec. 13. -- Particular Uses of Select Committees
Sec. 14. Joint Committees
D. Procedure in Committees
Sec. 15. Committee Rules; Applicable House Rules
Sec. 16. Records, Files, and Transcripts; Disclosure and Disposition;
Member Access
Sec. 17. Meetings
Sec. 18. -- Consideration and Debate; Voting
Sec. 19. Hearings
Sec. 20. -- Hearings as Open or Closed
Sec. 21. Quorum Requirements
Sec. 22. -- In Ordering a Report to the House
Sec. 23. -- -- Points of Order
Sec. 24. Witnesses
Sec. 25. -- Rights or Privileges of Witnesses
Sec. 26. -- Proceedings Against Recalcitrant Witnesses
[[Page 218]]
Sec. 27. Media Coverage of Hearings and Meetings
E. Committee Reports
Sec. 28. In General
Sec. 29. Form and Contents of Report; Inflationary Impact Statements,
Cost Estimates, and Oversight Findings
Sec. 30. Comparative Prints; The Ramseyer Rule
Sec. 31. Printing; Referral to Calendars
Sec. 32. Supplemental, Minority, and Additional Views
Sec. 33. Filing Reports
Sec. 34. Calling Up; Time to Report
Sec. 35. ``Layover'' Requirements
Sec. 36. Points of Order Relating to Reports
Research References
4 Hinds Secs. 4019-4703
7 Cannon Secs. 1721-2317
4 Deschler Ch 17
Manual Secs. 669-738
A. Generally; Establishing Committees
Sec. 1 . The Committee System; Standing, Select, and Joint Committees
The Role of Committees
The committees of the House play a dominant role at every stage of
the legislative process. The committee system is involved in this
process from the time of the initial referral of a bill to the
preparation of its final draft at a House-Senate conference. As a
general rule, all proposed legislative measures are referred to
committees before receiving consideration in the House itself. Manual
Sec. 446. A committee may approve a measure, report it with or without
amendments, rewrite it entirely, report adversely, refuse to consider
it, or fail to report the measure at all. (As to discharge procedures,
see Discharging Measures From Committees).
The role of the committee does not terminate with the reporting of
the bill to the House. When a bill reaches the floor, members of the
committee reporting it are entitled to prior recognition for the
purpose of offering
[[Page 219]]
amendments (see Amendments), and general debate is generally under the
control of its chairman and ranking minority member. See Consideration
and Debate. Finally, members of the reporting committee are often
appointed by the Speaker to serve on the conference committee to
resolve differences as to the final form of the bill. See Conferences
Between the Houses.
The committee system is as old as the House itself, having been
patterned after the English House of Commons, the colonial assemblies,
and the Continental Congress. Although during its first quarter
century the House relied primarily upon select committees and the
Committee of the Whole, the first standing committee dates from 1789.
As the 19th century advanced, select committees were converted into
standing committees, which grew in number until by 1905 there were no
less than 61 of them. Various consolidations, culminating with the
adoption of new Rule X in 1995, reduced the number to 19. See H. Res.
6, Jan. 4, 1995.
Standing, Select, and Joint Committees Distinguished
House committees are of three distinct types: (1) standing
committees, whose members are elected by the House, (2) select
committees [also called special committees], whose members are
appointed by the Speaker, and (3) joint committees, whose members are
chosen according to the provisions of the statute or resolution
creating them. There are variations on these three categories which
are discussed in later sections.
Standing committees (created in the standing rules) routinely
receive bills and other measures within their jurisdiction upon
referral from the Speaker. (Referral to committees, see Introduction
and Reference of Bills.) Select committees are separately established
to consider a particular matter or subject, and may or may not have
legislative jurisdiction. See Sec. 12, infra. Joint committees take up
matters of concern to both Houses. See Sec. 14, infra.
Select committees are distinguishable from standing committees in
that, unless permanently established by the House, they expire when
they report finally (4 Hinds Secs. 4403-4405), whereas standing
committees are not discharged from consideration of a subject within
their jurisdiction by reason of having reported thereon. 8 Cannon
Sec. 2311.
Committee of the Whole Distinguished
The Committee of the Whole has been described as but a committee
of the House (4 Hinds Sec. 4706), although it is not a committee in
the customary sense. The Committee of the Whole, unlike regular
committees, does not have a fixed membership. All Members of the House
may attend and
[[Page 220]]
participate in its deliberations under special rules designed to
encourage wide-ranging debate and to expedite legislation. The
Committee of the Whole itself has no power to authorize or appoint a
committee. 4 Hinds Sec. 4710. Because of its unique role in the
procedures of the House, the Committee of the Whole is taken up in a
separate article of this work. See Committees of the Whole.
Conference Committees Distinguished
Conference committees are used primarily to resolve differences
between the House and Senate on measures that have passed the two
Houses, and are likewise treated elsewhere. See Conferences Between
the Houses.
Subcommittees
Standing committees have subcommittees which study legislation,
hold hearings, and make reports. Such reports are made to the full
committee. Subcommittees have no power to report directly to the
House, absent specific authority to do so, and are subject to the
control of the full committee. Manual Sec. 703a.
Commissions
Commissions are analogous to select committees in that they are
established to study a particular problem; but a commission is
distinguishable from a select committee in that its membership may
include private citizens, Members of the House and Senate, and
representatives from other branches of government. See, for example,
H. Res. 1368, 94-2, creating the Commission on Administrative Review.
Duration of Committees
The committees of the House remain in existence only during the
two-year term of the particular Congress which created them. The
standing committees of the House are usually reconstituted when one
Congress succeeds another, but all House committees spring into
existence only after a new House has adopted rules or resolutions
specifically creating them anew. Deschler Ch 17 Sec. 1.2 (note).
Select committees expire with the term of the Congress in which
they were created (Deschler Ch 17 Sec. 1), or at such earlier date as
may be specified in the resolution creating them (Deschler Ch 17
Sec. 5.5). Unless permanently established, a select committee ceases
to exist when it finally reports in full on the subject committed to
it (4 Hinds Sec. 4403), but may be revived by action of the House in
referring a new matter to it (4 Hinds Secs. 4404,
[[Page 221]]
4405). A select committee that expires in one Congress may be
reconstituted in the next. Deschler Ch 17 Sec. 5.5.
Joint committees established by statute remain in existence beyond
the Congress in which they were created unless otherwise provided,
although the members thereof must be chosen anew in each Congress.
Deschler Ch 17 Sec. 1.
Sec. 2 . Establishing Committees
Standing Committees
Standing committees are ordinarily established with the adoption
of the standing rules on opening day for a Congress or subsequently
pursuant to a simple resolution reported from the Committee on Rules
(Deschler Ch 17 Sec. 2.1), usually by way of amendment to the House
rules. Deschler Ch 17 Secs. 2.2, 2.3. Adopting rules of a new
Congress, see Assembly of Congress.
A resolution establishing a new committee during a Congress is
called up as privileged and is debatable under the hour rule in the
House. Deschler Ch 17 Sec. 2.1. Resolutions from the Committee on
Rules are also used to change the name or authority of a standing
committee (Deschler Ch 17 Sec. 2.4), or to abolish a committee and
transfer its jurisdiction and records to another existing committee
(Deschler Ch 17 Sec. 2.5) or to a new committee (Deschler Ch 17
Sec. 2.6).
Select Committees
Select committees are likewise established by a resolution
reported from the Committee on Rules. Deschler Ch 17 Secs. 5.3, 5.5.
In one unusual instance, however, a select committee was created
pursuant to a floor amendment (offered to the Committee Reform
Amendments of 1974). 93-2, H. Res. 988, Jan. 3, 1975.
A resolution creating a select committee may specify the
jurisdiction and powers of the committee (Deschler Ch 17 Sec. 5.2) and
may place it under the authority of a standing committee. Deschler Ch
17 Sec. 5.3.
A resolution creating a select committee is reported and called up
as privileged, since the Rules Committee may report at any time on
rules (Manual Sec. 726), and the creation of such a committee is
deemed the equivalent of a new rule. Deschler Ch 17 Sec. 5.1. If such
a resolution is not reported by the Committee on Rules, it is not
privileged, and unanimous consent is necessary to permit its
consideration. 95-1, Jan. 4, 1977, p 72. The Rules Committee itself
may not report such a resolution as privileged if it contains
[[Page 222]]
provisions outside the jurisdiction of the committee. See Deschler Ch
17 Sec. 1.1 (note).
Special Ad Hoc Committees
Under the earlier practice of the House, special committees to
consider a particular matter could be established by way of a motion
or other proposition to refer. 4 Hinds Secs. 4401, 4402; 5 Hinds
Secs. 6633, 6634. Thus the House could refer a message of the
President to a special committee to be appointed by the Speaker, and
at the same time instruct the committee and specify the number of
members to be appointed. 5 Hinds Sec. 6633. It was held in this regard
that the House need not refer to a special committee already in
existence, but could refer to one to be subsequently appointed. 5
Hinds Sec. 6634. On occasion an ad hoc select committee has been
established by a resolution called up as a question of privileges of
the House. 102-2, Apr. 9, 1992, p ____.
Under the modern practice, special ad hoc committees are
established pursuant to Rule X clause 5(c), adopted in 1975. Under
this rule, the Speaker was given authority to refer a matter to a
special ad hoc committee appointed by him to consider that matter and
report thereon to the House. The appointment must be made with the
approval of the House from the members of the committees having
legislative jurisdiction. Manual Sec. 700. Pursuant to this authority,
the Speaker may with the approval of the House appoint a special ad
hoc committee to consider a particular measure (94-1, Apr. 22, 1975, p
11261), or a particular bill and similar subsequent bills (95-1, Jan.
11, 1977, p 894). A resolution authorizing the Speaker to take such
action is privileged when offered from the floor at the Speaker's
request. 94-2, Jan. 26, 1976, p 876; 95-1, Jan. 11, 1977, pp 894-898;
95-1, Apr. 21, 1977, pp 11550-56.
Joint Committees
Joint committees are created pursuant to the passage of a bill or
the adoption of a resolution. Deschler Ch 17 Sec. 7. A bill is
commonly used where the creation of the committee is merely one part
of a comprehensive legislative plan. Joint resolutions are used where
the sole purpose of the measure is to create the committee and vest it
with jurisdiction. 6 Cannon Sec. 371; Deschler Ch 17 Secs. 7.4, 7.5. A
concurrent resolution may be used for this purpose (4 Hinds
Secs. 4409, 4410; 6 Cannon Sec. 380; Deschler Ch 17 Secs. 7.1, 7.2),
but any joint committee created by concurrent resolution must expire
(unless reconstituted) with the Congress in which it was created. See
4 Hinds Sec. 4409.
[[Page 223]]
A resolution establishing a joint committee, if reported by the
Committee on Rules, is called up as privileged by that committee.
Deschler Ch 17 Sec. 7.1. But such a resolution may not be reported as
privileged if it contains an authorization for appropriations.
Deschler Ch 17 Sec. 7.5. Debate on the resolution is under the hour
rule. Deschler Ch 17 Sec. 7.1.
Commissions
Commissions are ordinarily created by statute. See, for example,
the Citizens' Commission on Public Service and Salaries (2 USC
Sec. 351). The Commission on Administrative Review, created in the
94th Congress, was established by a House resolution. 94-2, July 1,
1976, p ____.
Sec. 3 . Committee Expenses; Funding
Authorization for the payment of committee expenses for a
particular Congress is obtained pursuant to ``one primary expense
resolution'' for each committee (the Appropriations Committee
excepted). Rule XI clause 5. Manual Sec. 732a. The request for such
authorization is made to the Committee on House Oversight, which has
jurisdiction over such expenditures. Rule X clause 1(h). The primary
expense resolution is reported to the House by the committee with an
accompanying report containing information as to the anticipated
activities of the committee in question. Beginning in the 104th
Congress, biennial funding was instituted (Rule XI clause 5(a); Manual
Sec. 732cc).
Authorization for the payment of additional committee expenses not
covered by the primary expense resolution may be obtained pursuant to
one or more additional resolutions--called supplemental expense
resolutions. Rule XI clause 5(b).
The primary and supplemental expense resolutions which are used
under the rules to provide funds for a single committee are subject to
a one-calendar-day layover requirement. Rule XI clause 5.
Funds for the Committee on Appropriations are appropriated
pursuant to statute (31 USC Sec. 22a).
[[Page 224]]
B. Chairmen, Members, and Staff; Elections and Appointments
Sec. 4 . In General; Membership and Seniority
Standing and Select Committees Distinguished
Until 1911, the members and the chairmen of the standing and
select committees of the House were generally appointed by the
Speaker, although in rare instances a committee chose its own
chairman. See 4 Hinds Secs. 4524 et seq. Since 1911, standing
committee chairmen and members have been elected by the House. The
election takes place after the majority and minority party caucuses
have perfected their lists and presented separate election resolutions
for approval. 4 Hinds Sec. 4513; 8 Cannon Sec. 2201; Manual Sec. 317.
The Speaker has retained the authority--based on longstanding
tradition and formally vested in him by the House rules in 1880--to
appoint select committees. Manual Secs. 701e, 701g.
Under the modern practice, the election of members and chairmen to
standing committees is actually a three-step procedure. First,
committee assignments are prepared by a selection committee--sometimes
called a committee on committees--of each party caucus. Second, the
recommendations of the selection committee are approved by the caucus,
which may vote by secret ballot. Third, the nominations of the
caucuses are subsequently brought before the House as privileged
resolutions. Rule X clause 6(a)(1); Manual Sec. 701a.
Electing Chairman
Pursuant to nominations submitted by the majority party caucus,
one member of each standing committee is elected as its chairman at
the commencement of each Congress. Manual Sec. 701c. Beginning with
the 104th Congress, a Member's service as chairman is limited to three
consecutive Congresses. Rule X clause 6(c). Nominations for chairmen
are submitted to the House for its approval in the election
resolution. Deschler Ch 17 Sec. 8.1. Such a resolution is called up as
privileged by the chairman of the selection committee designated to
recommend committee assignments (Deschler Ch 17 Sec. 8.2) or, more
recently, by the chairman of the majority party caucus (Deschler Ch 17
Sec. 8.7 (note)), usually as part of a resolution electing all
majority members to those committees.
In the event of a permanent vacancy in the chairmanship, the House
elects a successor (Manual Sec. 701c) pursuant to privileged
resolution. This procedure is followed when a vacancy is created on a
standing committee by the death of its chairman (Deschler Ch 17
Sec. 8.3) or after a chairman has
[[Page 225]]
resigned (Deschler Ch 17 Secs. 8.5, 8.6). In the temporary absence of
the chairman, the member next in rank in order named in the election
of the committee acts as chairman. Manual Sec. 701c.
Where the chairman is disabled and unable to carry out the
responsibilities of the Chair, the House may, in the election
resolution, provide for a delegation of powers and duties to a vice
chairman until further ordered by the House. H. Res. 43, 102-1.
Election of Members
Resolutions electing Members to standing committees have
traditionally been offered from the floor (8 Cannon Sec. 2171) and
called up as privileged at the direction of the party organization. 8
Cannon Secs. 2179, 2182; 97-1, Jan. 28, 1981, pp 1140, 1142. Each
party's resolution, if adopted, elects en bloc those members from that
particular party to the various standing committees. Deschler Ch 17
Sec. 9.1. Such a resolution is not divisible. Manual Sec. 791. But it
is debatable and subject to amendment (8 Cannon Sec. 2172) until such
time as the previous question is ordered (8 Cannon Sec. 2174).
Beginning in the 104th Congress, no Member may serve
simultaneously as a member of more than two standing committees or
four subcommittees unless approved by the House. Rule X clause
6(b)(2).
Seniority
Committee seniority is shown by the order in which the Members'
names are listed in the election resolution. Deschler Ch 17 Sec. 11.1.
A resolution electing a Member to a committee may include the
designation of his rank on the committee (Deschler Ch 17 Sec. 9.6),
and may be made retroactively effective as of a prior date. (Deschler
Ch 17 Sec. 9.16.)
Sec. 5 . Numerical Composition of Committees; Party Ratios
Committee Size
Today, the only standing committee of the House that is limited as
to its size by the standing rules is the Committee on the Budget. Rule
X clause 1(e). Under the modern practice, the sizes of other
committees of the House (Standards Committee excepted) are negotiated
by the Majority and Minority Party Leaders at the direction of their
respective party organizations. Deschler Ch 17 Sec. 9. The size of
each committee is ultimately determined by the number of Members
elected to each committee pursuant to Rule X clause 6(a). The size of
the Committee on Standards is set by law at 7-7. See Sec. 803(b) of
the Ethics Reform Act of 1989, Pub. L. No. 101-194, Manual Sec. 698.
[[Page 226]]
Party Ratios
Party ratios on committees are derived from the allocation of
majority party and minority party representation on those committees.
Such ratios are normally determined through negotiations between the
majority and minority party leadership. Historically, the party ratios
on most standing committees has tended to reflect the relative
membership of the two parties in the House as a whole. Deschler Ch 17
Sec. 9.4. Sometimes, however, the membership of a committee is equally
divided between the majority and minority parties where bipartisan
deliberations are considered essential. See, for example, Rule X
clause 6(a), requiring that one-half of the members of the Committee
on Standards of Official Conduct be from the majority party and one-
half from the minority party.
Disproportionate party ratios on committees may also be traced to
the rules of the party caucus. Deschler Ch 3 Sec. 9. Moreover, some
House committees, such as the Rules Committee, have traditionally
reflected disproportionate ratios in favor of the majority party. See,
for example, 8 Cannon Sec. 2184.
Sec. 6 . The Chairman's Role
The powers and duties of the committee chairmen are derived from
custom and from the rules of the House. The chairman of a committee:
Presides over committee meetings. Manual Sec. 317.
May administer oaths to witnesses in hearings in the
committee. Manual Sec. 718; 2 USC Sec. 191. (In one instance,
the chairman of an investigating committee administered the
oath to himself and testified. 3 Hinds Sec. 1821.)
May punish breaches of order and decorum by censure and
exclusion from investigative hearings. Manual Sec. 712.
May authorize and issue subpenas when the power to do so has
been delegated to him by the committee. Manual Sec. 718.
Fixes, within certain guidelines, the salaries of staff.
Manual Sec. 735.
Submits reports of his committee to the House, even though he
may not have concurred therein. 4 Hinds Secs. 4670, 4671.
However, a committee may order its report to be made by some
other member (4 Hinds Sec. 4669) or even by a member of the
minority party (4 Hinds Secs. 4672, 4673).
Submits privileged reports to the House from the floor. Manual
Sec. 418.
[[Page 227]]
Is in charge of the pending bill in the House and is entitled
at all stages to prior recognition for allowable motions
intended to expedite it (2 Hinds Secs. 1452, 1457; 6 Cannon
Secs. 296, 300), unless he is opposed to the bill, in which
case he must yield prior recognition to a member of his
committee who favors the bill (2 Hinds Sec. 1449).
Is entitled to prior recognition when Senate amendments to the
bill are debated. 2 Hinds Sec. 1452.
Sec. 7 . Committee Employees and Staff
The employment of committee staff is governed by the House rules
(Manual Secs. 733a et seq.) and by statute (see, for example, 5 USC
Secs. 5315, 5316, setting permissible rates of staff pay).
The House rules place a limit on the number of professional staff
members which may be appointed to a standing committee (the Committee
on Appropriations excepted), and on the number of professional staff
members which may be selected by the minority. Manual Secs. 733a-734b.
The Appropriations Committee is subject to a separate rule
permitting the appointment, in addition to a clerk and assistants for
the minority, of such staff as are determined by majority vote to be
necessary. Rule XI clause 6(d).
C. Committee Functions; Jurisdiction and Authority
Sec. 8 . Legislative Jurisdiction
Generally; Referrals and Rereferrals
The legislative jurisdiction of each standing committee is
specified and defined by Rule X. Manual Secs. 669-691. Areas of
legislative interest have been divided under Rule X into distinct
subject-matter classifications, with jurisdiction over each being
allocated to a standing committee. The Speaker refers bills and other
matters to committees pursuant to the jurisdiction of each committee
as defined by Rule X, taking into account any relevant precedents. A
bill may be referred to more than one committee where its text
involves subject matter assigned to different committees. Manual
Sec. 700. Beginning in the 104th Congress, the Speaker is required to
indicate a primary committee of jurisdiction. Rule X clause 5(c);
Manual Sec. 700. Referrals generally, see Introduction and Reference
of Bills.
The rule of the House which specifies and defines the jurisdiction
of each standing committee is said to be mandatory on the Speaker in
referring public bills and on the Members in referring private bills.
Manual Sec. 669. But when the House itself refers a bill, it may send
it to any committee
[[Page 228]]
without regard to the rules of jurisdiction (4 Hinds Sec. 4375; 5
Hinds Sec. 5527; 7 Cannon Sec. 2131), and jurisdiction is thereby
conferred (4 Hinds Secs. 4362-4364; 7 Cannon Sec. 2105).
The committees are the creatures of the House and exercise no
authority or jurisdiction beyond that specifically conferred by the
rules or by special authorization of the House itself. 7 Cannon
Sec. 780. However, the House may confer jurisdiction on a committee by
the adoption of a special order from the Committee on Rules. 7 Cannon
Sec. 780. And a bill may be originated by a committee which has been
given jurisdiction to do so by order or rule of the House. 4 Hinds
Sec. 3365. Jurisdictional authority, in addition to that specified in
Rule X, may be vested in a committee pursuant to:
A resolution enlarging the jurisdiction of a committee (91-2,
July 8, 1970, p 32136), or authorizing it to study and report
on a particular matter (3 Hinds Sec. 1753; 86-2, Apr. 21, 1960,
p 8546).
A change in the rules of the House by adoption of a resolution
from the Committee on Rules. 91-2, July 8, 1970, p 32136.
A motion to rerefer or recommit.
The erroneous reference of a public bill, if it remains
uncorrected, gives jurisdiction (4 Hinds Secs. 4365-4371; 7 Cannon
Sec. 2108), but such is not the case with respect to a private bill (4
Hinds Secs. 3364, 4382-4389) unless the reference is made by action of
the House itself (4 Hinds Secs. 4390, 4391; 7 Cannon Sec. 2131).
Informal Agreements
Questions relating to the jurisdiction over a subject by two or
more committees are sometimes resolved pursuant to an informal
agreement or a memoranda of understanding between the committees
involved. Typically, the legislative initiative is assumed by the
committee having the primary concern over the subject, with the
understanding that the other committee(s) involved will have an
opportunity to consider that portion of the legislation within its
cognizance. 91-1, June 18, 1969, p 16301. (See also 96-2, Mar. 25,
1980, pp 6405, 6406, 6408-10, where a memoranda of understanding--on
energy measures--was entered into by the chairmen and members of six
different committees.) Pursuant to such an agreement, a committee may
waive its claim to review a particular bill with the understanding
that it will not constitute a permanent surrender of jurisdiction over
the matter. 86-1, Aug. 14, 1959, p 15895; 88-1, July 15, 1963, p
12525.
Points of Order
The Speaker's referral of a bill is not subject to a point of
order. In a committee, points of order based on the lack of
jurisdiction of a committee
[[Page 229]]
over a particular measure must be timely raised. Once a committee has
reported a bill and it has been placed on the appropriate calendar, a
point of order that the bill was improperly referred comes too late.
Deschler Ch 17 Sec. 26; Manual Sec. 854. Likewise, a point of order
against specific language of a paragraph in a bill, on the grounds
that its subject is within the jurisdiction of another committee, does
not lie once the bill has been reported. Deschler Ch 17 Sec. 27.9.
That point of order would lie in committee during a markup if that
portion of the bill is read for amendment. Where a reported bill is
under consideration in Committee of the Whole, questions relating to
the jurisdiction of the reporting committee may not then be
considered. 4 Hinds Sec. 4372.
The Speaker may decline to speculate as to what committee will
have jurisdiction over a particular bill until it has been examined.
Deschler Ch 17 Sec. 27.2.
Sec. 9 . Oversight Jurisdiction
Generally
The oversight function of the House arises from its duty to
exercise continuous watchfulness over the administration and execution
of the laws by the departments and agencies of the federal government.
Legislative oversight as a continuing function was given to all
standing committees by the Legislative Reorganization Act of 1946 (60
Stat. 812), which provided that each standing committee ``shall
exercise continuous watchfulness'' over administrative agencies, and
by the Legislative Reorganization Act of 1970 (84 Stat. 1140), which
required periodic reports by committees on their oversight activities.
The general requirement (Rule X clause 2) that House standing
committees exercise oversight functions was made part of the House
rules in 1971 (H. Res. 5, Jan. 22, 1971).
General and Special Oversight Distinguished
The House rules impose both general and special oversight
responsibilities on its standing committees. General legislative
oversight is performed by all standing committees (except for Budget).
Manual Sec. 692a. Special oversight functions are given to certain
standing committees. Manual Sec. 693.
Role of Committee on Government Reform and Oversight
The Committee on Government Reform and Oversight is directed by
House rule to review and study, on a continuing basis, the operation
of government activities at all levels with a view to determining
their economy and efficiency. Manual Sec. 692b. This committee,
previously named the Committee on Government Operations, is the
investigative committee of the
[[Page 230]]
House with respect to general oversight of the federal government. The
committee can investigate matters within the jurisdiction of other
standing committees.
Sec. 10 . Investigative Jurisdiction and Authority
Standing Committees
Prior to 1975, it was the practice of the House to authorize
committee investigations pursuant to the adoption of resolutions
reported from the Committee on Rules. With certain exceptions, each
committee had to obtain such authorization in each Congress. Deschler
Ch 15 Sec. 1. Today, each standing committee is authorized, under the
standing rules of the House, to conduct such investigations as it
considers necessary or appropriate in carrying out the jurisdictional
responsibilities given to it under Rule X. Manual Sec. 703b. And in
carrying out its duties, each committee and subcommittee is authorized
by Rule XI to hold hearings and to subpena witnesses or compel the
production of documents. Manual Sec. 718. As to the issuance and
enforcement of subpenas, see Sec. 24, infra.
Select or Joint Committees
Although, as noted above, standing committees and their
subcommittees have general authority under the rules of the House to
conduct investigations on subjects within their jurisdiction under
Rule X, a select or joint committee must be given specific authority
to undertake an investigation. Such authority may be given pursuant
to:
A statute conferring investigative powers (see, for example,
26 USC Sec. 8022, conferring investigative duties on the Joint
Committee on Internal Revenue Taxation).
A joint or concurrent resolution (see 79-1, Jan. 18, 1945, H.
Con. Res. 18, and 90-2, July 12, 1968, H.J. Res. 1,
establishing a joint committee to investigate crime).
A standing rule of the House. (See, for example, Rule XLVIII
clause 7(d), Manual Sec. 944a, relating to the investigative
authority of the Select Committee on Intelligence).
A resolution creating an investigatory committee. (See, e.g.,
the Select Committee on Assassinations, 94-2, Sept. 17, 1976.
Scope; Limitations
The investigative power that is exercised by the House through its
committees is inherent in the power to make laws. Watkins v United
States, 354 US 178 (1957). ``A legislative body cannot legislate
wisely or effectively,'' it is reasoned, ``in the absence of
information respecting the conditions
[[Page 231]]
which the legislation is intended to affect or change.'' McGrain
Daugherty, 273 US 135 (1927). Eastland v United States Servicemen's
Fund, 421 US 491 (1975).
This investigative power is very broad, encompassing inquiries
concerning the administration of existing laws as well as the need for
proposed legislation. It extends to studies of social, economic, or
political problems, as well as probes into departmental corruption,
inefficiency, or waste at the federal level. Watkins v United States,
354 US 178 (1957). Although broad, this power of investigation is not
unlimited. It may be exercised only in aid of the ``legislative
function.'' Kilbourn v Thompson, 103 US 168 (1881). It is said that
Congress has no ``general'' power to inquire into private affairs, and
that the subject of inquiry must be one ``on which legislation could
be had.'' McGrain v Daugherty, 273 US 135 (1927).
Since 1952, the courts have declined to presume the existence of a
legislative purpose, and have narrowly construed resolutions granting
authority to committees to conduct investigations. United States v
Rumely, 345 US 41 (1952). The investigative power cannot be used to
expose merely for the sake of exposure, nor to inquire into matters
which are within the exclusive province of one of the other branches
of government or which are reserved to the states. Deschler Ch 15
Sec. 1.
A further requirement for the validity of a committee
investigation is that it must have been expressly or impliedly
authorized in accordance with congressional procedures. Deschler Ch 15
Sec. 1. Thus, the courts have refused to convict a witness for
contempt arising out of a subcommittee investigation where that
inquiry had not been approved by a majority of the parent committee,
as was required by the committee rule. Gojack v United States, 384 US
702 (1966).
The courts will not look to the motives which may have prompted a
congressional investigation (Watkins v United States, 354 US 178
[1957]) nor will it question the wisdom of the investigation or its
methodology. Doe v McMillan, 412 US 306 (1973). The very nature of the
investigative function is such that it may take the searchers up some
``blind alleys'' and into nonproductive enterprises. To be a valid
legislative inquiry, there need be no predictable end result. Eastland
v United States Servicemen's Fund, 421 US 491 (1975).
Obstructing Committee Investigation
A federal statute provides criminal penalties for those who
corruptly influence, obstruct, or impede ``due and proper''
congressional inquiry. 18 USC Sec. 1505. Indictments under Sec. 1505
have been upheld despite contentions that the committee violated its
own rules and those of the House. U.S. v
[[Page 232]]
Poindexter, D.D.C. 1989, 725 F Supp 13. U.S. v Mitchell, C.A. 4 (Md.)
1989, 877 F2d 294.
Sec. 11 . Standing Committees
Standing committees were not used extensively during the earliest
Congresses. It was the general practice of the House to refer matters
to a Committee of the Whole to develop the primary objectives of a
proposal, and then to commit such matters to select committees to
draft specific bills.
With the beginning of the 19th century, standing committees began
to proliferate. By mid-century, the House had 34 standing committees
and by 1900 it had 58. Still more standing committees were added
during the early 1900's, but in the 1920's the House consolidated
numerous committees and again vested in the Committee on
Appropriations jurisdiction over all general appropriation bills. 7
Cannon Sec. 1741. Further reductions in the number of committees in
the House were made by the Legislative Reorganization Act of 1946 (60
Stat. 812), referred to hereinafter as simply ``60 Stat. 812.'' By
dropping relatively inactive committees and by merging those with
similar functions and jurisdiction, the Act reduced the total number
of standing committees in the House from 44 to 19.
In 1995, the House again reorganized its committee system,
abolishing three committees and altering the jurisdiction of several
others. H. Res. 6, Jan. 3, 1995. At that time the House also adopted a
rule requiring that, with certain exceptions, no standing committee
may have more than five subcommittees. Rule X clause 6(d).
The standing committees of the House, with their antecedent
committees, are shown in the table below. This table provides
citations to relevant statutes or precedents and to the authority for
legislative jurisdiction and/or oversight functions, where applicable.
Standing Committees (104th Cong.)
Jurisdiction, Oversight Function, and Antecedents
------------------------------------------------------------------------
Standing Committees (104th Cong.) Antecedent Committees
------------------------------------------------------------------------
Agriculture
Est. 1820; 4 Hinds Sec. 4149
Continued, 1947, 60 Stat. 812
Legislative jurisdiction,
Manual Sec. 670
Oversight functions, Manual
Sec. 692b
[[Page 233]]
Appropriations
Est. 1865; 4 Hinds Sec. 4032 Ways and Means (in part), 1802
Legislative jurisdiction,
Manual Sec. 671a
Oversight functions, Manual
Sec. 692a
Banking and Financial Services
Est. 1995; H. Res. 6 Ways and Means (in part), 1802
Legislative jurisdiction, Banking and Currency, 1865
Manual Sec. 672
Oversight functions, Manual Coinage, Weights and Measures, 1867
Sec. 692a Banking, Currency and Housing, 1974
Banking, Finance and Urban Affairs,
1977
Budget
Est. 1974; 88 Stat. 299
Legislative jurisdiction,
Manual Sec. 673a
Oversight functions, Manual
Secs. 693, 695
Commerce
Est. 1995; H. Res. 6 Commerce and Manufacturers, 1795
Legislative jurisdiction, Coinage, Weights and Measures, 1867
Manual Sec. 674
Oversight functions, Manual Interstate and Foreign Commerce, 1892
Secs. 692a, 693 Commerce and Health, 1975
Interstate and Foreign Commerce, 1975
Energy and Commerce, 1980
Economic and Educational
Opportunities
Est. 1995; H. Res. 6 Education, 1867
Legislative jurisdiction, Labor, 1883
Manual Sec. 675
Oversight functions, Manual Education and Labor, 1947
Secs. 692a, 693
Government Reform and Oversight
Est. 1995; H. Res. 6 Ways and Means, 1802
Legislative jurisdiction, District of Columbia, 1808
Manual Sec. 676
[[Page 234]]
Oversight functions, Manual Public Expenditures, 1814
Secs. 692a, 692b State, Treasury, War, Navy, and Post
Office, 1816
Justice, 1874
Agriculture, 1889
Commerce and Labor, 1905
Expenditures in the Executive
Departments, 1927
Post Office and Civil Service, 1947
Government Operations, 1952
House Oversight
Est. 1995; H. Res. 6 Enrolled Bills, 1789
Legislative jurisdiction, Elections, 1794, 1895
Manual Sec. 677a Accounts, 1805
Oversight functions, Manual Mileage, 1837
Secs. 692a, 697a Disposition of Executive Papers, 1889
Ventilation and Acoustics, 1893
Memorials, 1929
House Administration, 1947
International Relations
Est. 1995; H. Res. 6 Foreign Affairs, 1822, 1979
Legislative jurisdiction, International Relations, 1975
Manual Sec. 678
Oversight functions, Manual
Sec. 693
Judiciary
Est. 1813; 4 Hinds Sec. 4054 Claims, 1794
Continued, 1947, 60 Stat. 812 Patents, 1837
Legislative jurisdiction, Revision of the Laws, 1868
Manual Sec. 679a
Oversight functions, Manual War Claims, 1883
Sec. 692a Immigration and Naturalization, 1893
Internal Security, 1969
National Security
Est. 1995; H. Res. 6 Military Affairs, 1822
Legislative jurisdiction, Naval Affairs, 1822
Manual Sec. 680
Oversight functions, Manual Militia, 1835
Secs. 692a, 693 Armed Services, 1947
Resources
Est. 1995; H. Res. 6 Public Lands, 1805
[[Page 235]]
Legislative jurisdiction, Private Land Claims, 1816
Manual Sec. 681 Indian Affairs, 1821
Oversight functions, Manual Territories, 1825
Secs. 692a, 693 Mines and Mining, 1865
Irrigation of Arid Lands, 1893
Insular Affairs, 1899
Interior and Insular Affairs, 1951
Natural Resources, 1993
Rules
Est. 1880; 4 Hinds Sec. 4321 Rules (select committee), 1789
Mandated by law, 1947, 60 Stat.
812
Legislative jurisdiction,
Manual Secs. 682a
Oversight functions, Manual
Sec. 693
Science
Est. 1995; H. Res. 6 Merchant Marine and Fisheries, 1887
Legislative jurisdiction, Astronautics and Space Exploration
Manual Sec. 683
Oversight functions, Manual
Sec. 692a
(select Committee), 1958
Small Business
Est. 1975; 93-2, H. Res. 988 Small Business (permanent select
Legislative jurisdiction, committee), 1971
Manual Sec. 684
Oversight functions, Manual
Secs. 692a, 693
Small Business (select committee),
Standards of Official Conduct
Est. 1967; H. Res. 418 Standards and Conduct (select
Legislative jurisdiction, committee), 1966
Manual Sec. 685
Oversight functions, Manual
Sec. 692a
Transportation and Infrastructure
Est. 1995; H. Res. 6 Public Buildings and Grounds, 1837
Legislative jurisdiction, Mississippi Levies, 1875
Manual Sec. 686
[[Page 236]]
Oversight functions, Manual Rivers and Harbors, 1883
Sec. 692a Merchant Marine and Fisheries, 1887
Roads, 1913
Flood Control, 1916
Public Works and Transportation, 1975
Veterans' Affairs
Est. 1947; 60 Stat. 812
Legislative jurisdiction, Pensions and Revolutionary Claims
Manual Sec. 687
Oversight functions, Manual 1813
Sec. 692a Revolutionary Pensions, 1825
Invalid Pensions, 1831
World War Veterans' Legislation, 1924
Ways and Means
Est. 1802; 4 Hinds Sec. 4020 Ways and Means (select committee),
Continued, 1947, 60 Stat. 812 1789
Legislative jurisdiction,
Manual Sec. 688
Oversight functions, Manual
Sec. 692a
------------------------------------------------------------------------
Sec. 12 . Select Committees
Generally
Select committees were used extensively by the House during the
early Congresses. In the Jeffersonian era, it was a common practice to
refer each proposal to a select committee created to draft the
appropriate legislative language for the measure. Manual Sec. 401. By
the Third Congress, 350 select committees had been named. But as
standing committees came to be recognized as the most appropriate
forum for the development of legislation, the use of select committees
declined steadily. By the 23d Congress, the number of select
committees had been reduced to 35. By the 104th Congress, only the
Permanent Select Committee on Intelligence remained. See Rule XLVIII.
Select committees identified as ``permanent'' are reconstituted in
each Congress on adoption of the rules of the House.
Select committees have been created primarily: (1) to investigate
conditions or events; (2) to study and report on matters with a view
toward subsequent legislative action; (3) to report specific
legislative proposals to the
[[Page 237]]
House; and (4) to supervise certain routine housekeeping functions.
Deschler Ch 17 Sec. 6. See also Guidelines for the Establishment of
Select Committees, Committee on Rules, 98-1, Feb. 1983.
Investigative Committees
In the modern era of the House, select committees have been used
primarily to investigate and report on a particular subject. During
the 82d Congress, for example, a select committee was established to
explore the activities of tax-exempt foundations, and to determine
whether such foundations had been subsidizing un-American activities.
82-2, H. Res. 561. During the same Congress, a select committee was
appointed to investigate the circumstances surrounding the Katyn
Forest massacre of more than 15,000 Polish officers during World War
II. 92-1, H. Res. 390. More recently, select investigative committees
have inquired into the status of Americans missing in action in
Southeast Asia (94-1, H. Res. 335), into the assassinations of
President Kennedy and Dr. Martin Luther King, Jr. (94-2, H. Res. 1540;
95-1, H. Res. 222), and into covert arms transactions with Iran (100-
1, H. Res. 12, Jan. 7, 1987).
These precedents suggest that a select committee may be created
for purely investigative purposes. However, as is pointed out
elsewhere, all committee investigations must be undertaken in
furtherance of a constitutionally assigned function of Congress; the
congressional inquiry must be related to and in furtherance of a
legislative function of Congress. Deschler Ch 15 Sec. 1. Generally,
see Sec. 10, supra.
Committees to Study and Report Recommendations
Select committees have been established to study a particular
subject and report its recommendations as a basis for further action
by the House or by standing committees. For example, in recent years,
select committees have been established to study and report on export
controls (87-1, H. Res. 403), government research programs (88-1, H.
Res. 504), and on professional sports (92-2, H. Res. 1186). Although
without authority to report legislation, these committees have often
been directed to assess the adequacy of existing laws, and, if
necessary, to make legislative recommendations.
Committees With Legislative Authority
Although most select committees have been authorized to make
legislative recommendations, few have been empowered, until recent
years, to report legislation directly to the House. Deschler Ch 17
Sec. 6. In 1955, a select committee was created to study and report on
the benefits provided to dependents of deceased and former members of
the armed services, and ``to
[[Page 238]]
prepare such legislation as it may consider appropriate to carry out
such recommendations.'' 84-1, H. Res. 35. Similarly, in the 93d
Congress, the House established the Select Committee on Committees to
study the committee system of the House, and to report to the House
``by bill, resolution, or otherwise.'' 93-1, H. Res. 132. In the 95th
Congress, a Select Committee on Ethics was created and authorized to
report certain measures. 95-1, H. Res. 383. The House has also
established a Permanent Select Committee on Intelligence with
legislative authority over the CIA and other intelligence agencies.
95-1, H. Res. 658.
Committees With Housekeeping Functions
Select committees have been established to supervise certain
routine service functions of the House such as the Select Committee on
the House Beauty Shop (95-1, H. Res. 1000), the Select Committee on
the House Recording Studio (Pub. L. No. 84-624, 1956), the Select
Committee on the House Restaurant (95-1, H. Res. 472), and the Select
Committee to Regulate Parking on the House Side of the Capitol (95-1,
H. Res. 282).
Sec. 13 . -- Particular Uses of Select Committees
The House has established more than 20 select committees since
passage of the Legislative Reorganization Act of 1946. The table below
identifies some of these committees for purposes of illustration. The
table shows these committees by name (or paraphrase thereof), dates of
creation and termination, and authority, including legislative
authority. With the two exceptions noted--Campaign Expenditures and
Small Business--the table excludes those committees existing prior to
1947 which were subsequently reconstituted.
Select Committees
------------------------------------------------------------------------
Jurisdiction--Investigative Reporting
Committee Authority Authority
------------------------------------------------------------------------
Aging
Est. Jan. 3, Problems of the older American; To report
1975; 93-2, H. income maintenance, housing, and annually to the
Res. 988 health; welfare programs House; no
Termination: legislative
Jan. 5, 1993 authority
(Manual Sec.
702)
[[Page 239]]
Astronautics and
Space
Exploration
Est. Mar. 25, All aspects and problems relating To report to the
1958; 85-2, H. to the exploration of outer space; House, by bill
Res. 496 resources, personnel, equipment, or otherwise
Termination: and facilities; legislation
July 21, 1958;
became
standing
Committee on
Science and
Astronautics
Assassinations
Est. Sept. 17, Circumstances surrounding the death To report to the
1976; 94-2, H. of John F. Kennedy and the death House on the
Res. 1540 of Martin Luther King, Jr. result of its
Termination: investigation
Jan. 3, 1979 (see H. Rept.
No. 95-1828);
no legislative
authority
Campaign
Expenditures
Est. May 29, Election disputes; electoral fraud; Reporting
1928; 70-1, H. excessive campaign expenditures of authority
Res. 232 presidential and/or congressional varied from
Termination: candidates Congress to
Reconstituted Congress
by each
Congress until
1973
Chemicals,
Pesticides, and
Insecticides
Affecting Foods
Est. June 20, Chemicals, compounds, and To report to the
1950; 81-2, H. synthetics in the production of House on its
Res. 323 food products; health factors; the investigation
Termination: agricultural economy; toxic with
Jan. 3, 1953 residues; effect on soil and recommendations
vegetation for legislation
(see H. Rept.
No. 82-2182);
no legislative
authority
Children, Youth
and Families
Est. Sept. 29, Income maintainance; health; To report to the
1982, 97-2, H. nutrition; education; welfare; House on the
Res. 421 employment results of its
Reestablished investigations;
by each no legislative
Congress authority
through 102-2.
[[Page 240]]
Committees
Est. Jan. 31, Rules X and XI of the rules of the To report to the
1973; 93-1, H. House; committee structure; number House by bill,
Res. 132 and size of committees; resolution, or
Termination: jurisdiction; committee procedure; otherwise (see
Dec. 20, 1974; meetings, staffing, and facilities H. Rept. No. 96-
reestablished 866)
1979 (H. Res.
118); records
transferred to
Committee on
Rules, Apr. 1,
1980
Communist
Aggression
Est. July 27, Seizure of Latvia and Estonia by To report to the
1953; 83-1, H. the U.S.S.R.; treatment of the House on its
Res. 346 Baltic peoples during this period study together
Termination: with
Dec. 31, 1954 recommendations
(see H. Rept.
No. 83-2650);
no legislative
authority
Congressional
Operations
Est. Mar. 28, Organization and operation of the To report
1977; 95-1, H. U.S. Congress; cooperation between recommendations
Res. 420 the Houses; relationship with on subjects
Termination: other branches of government specified (see
Jan. 3, 1979 H. Rept. No. 95-
1843); no
legislative
authority
Congressional
Pages
Est. Sept. 30, General welfare and education of To report on the
1964; 88-2, H. congressional pages results of its
Res. 847 investigations
Termination: (see H. Rept.
Jan. 4, 1965 No. 88-1945);
to make
recommendations
Crime
Est. May 1, All aspects of crime in the United To report on its
1969; 91-1, H. States; its elements, causes, and investigation
Res. 17 extent; reciprocity of with
Termination: information; urban crime recommendations
June 30, 1973 (see H. Rept.
No. 93-358); no
legislative
authority
[[Page 241]]
Energy
Est. Apr. 21, Message of the President dated Apr. To report to the
1977; 95-1, H. 20, 1977, and other communications House by bill
Res. 508 relating thereto; bills or or otherwise
Termination: resolutions sequentially referred (see H. Rept.
Jan. 3, 1979; thereto No. 95-543)
jurisdiction
transferred to
Energy and
Commerce, 97th
Cong.
Ethics
Est. Mar. 9, Certain bills and resolutions To report to the
1977; 95-1, H. relating to Rules XLIII-XLVII of House on the
Res. 383 the House; regulations relating measure
Termination: thereto; advisory opinions specified (see
Jan. 3, 1979 H. Rept. No. 95-
1837); to
report
regulations; to
recommend
legislation
Export Controls
Est. Sept. 7, The Export Control Act of 1949; To report on its
1961; 87-1, H. assessment of accomplishments investigation
Res. 403 under that Act; improvements in together with
Termination: administration and enforcement; any
May 31, 1962 congressional oversight recommendations
(see H. Rept.
No. 87-1753);
no legislative
authority
Foreign Aid
Est. July 22, Basic needs of foreign nations and To report to the
1947; 80-1, H. peoples; relief in terms of food House as deemed
Res. 296 and clothing; resources and appropriate; no
Termination: facilities; agencies legislative
May 3, 1948 authority
Government
Research
Est. Sept. 11, Research programs of federal To report its
1963; 88-1, H. agencies; expenditures for findings to the
Res. 504 research programs; costs of House with
Termination: government research recommended
Jan. 3, 1965 legislation
(see H. Rept.
No. 88-1143)
[[Page 242]]
Hunger
Est. Feb. 22, International programs; world food To conduct
1984; 98-2, H. security; malnutrition; food studies and
Res. 15 production and distribution; make
Reestablished agribusiness role recommendations
each Congress as to possible
through 102-2 legislation
Intelligence
Est. Feb. 19, Proposals concerning the To report to the
1975; 94-1, H. intelligence and intelligence- House on the
Res. 138 related programs and activities of nature and
Termination: the U.S. Government; oversight; extent of
Feb. 11, 1976; proposed legislation and other intelligence
became matters relating to the CIA activities of
permanent U.S.
select departments and
committee, agencies by
July 14, 1977, legislation or
H. Res. 658 otherwise (see
(Manual Sec. H. Rept. No. 94-
944a) 833)
Katyn Forest
Massacre
Est. Sept. 18, The massacre of thousands of Polish To report to the
1951; 82-1, H. officers in the Katyn Forest in House on
Res. 390 territory then under the control completion of
Termination: of the U.S.S.R. its hearings
Dec. 22, 1952 (see H. Rept.
No. 82-2505);
no legislative
authority
Lobbying
Activities
Est. Aug. 12, Lobbying activities intended to To submit
1949; 81-1, H. influence legislation; activities reports on the
Res. 298 of federal agencies intended to results of its
Termination: influence legislation study (see H.
end of the Rept. No. 81-
81st Cong. 3239); no
legislative
authority
Narcotics Abuse
and Control
Est. July 29, International traffic in narcotics; To report to the
1976; 94-2, H. prevention; enforcement; organized House on its
Res. 1350 crime; drug abuse; treatment; investigations;
Reestablished rehabilitation no legislative
each Congress authority
through 102-2
Newsprint
Est. Feb. 26, Need for adequate supplies of To submit
1947; 80-1, H. newsprint and related products; reports with
Res. 58 production possibilities and recommendations
Termination: prospects (see H. Rept.
Dec. 31, 1948 No. 80-2471);
no legislative
authority
[[Page 243]]
Offensive and
Undesirable
Literature
Est. May 12, The extent to which books, To report to the
1952; 82-2, H. magazines, and comic books contain House with
Res. 596 immoral, obscene, or otherwise recommendations
Termination: offensive matter; availability , including
Dec. 31, 1952 through the U.S. mails; adequacy recommendations
of existing laws for legislation
(see H. Rept.
No. 82-2510);
no legislative
authority
Outer Continental
Shelf
Est. Apr. 12, A bill relating to the management To report the
1975; 94-1, H. of oil and natural gas in the bill and other
Res. 412 Outer Continental Shelf; marine legislation
Termination: and coastal environments; certain referred to it;
Jan. 3, 1979; related matters on this subject on transmit its
succeeded by referral to it by the Speaker findings and
another select make a full
committee on report to the
the same House (see H.
subject (96-1, Rept. No. 96-
H. Res. 53), 1214)
which
terminated
July 31, 1980
Population
Est. Sept. 28, Causes of changing population To report on the
1977; 95-1, H. conditions; population results of its
Res. 70 characteristics relative to investigation
Termination: limited resources; population (see H. Rept.
end of the planning; global population- No. 95-1842);
95th Cong. related issues no legislative
authority
Professional
Sports
Est. May 18, Need for legislation with respect To report to the
1976; 94-2, H. to professional sports House on the
Res. 1186 results of its
Termination: inquiry (see H.
Jan. 3, 1977 Rept. No. 94-
1786); no
legislative
authority
Right of Member
To Be Sworn In
Est. Jan. 10, The right of Adam Clayton Powell To report to the
1967; 90-1, H. (N.Y.) to be sworn in in the 90th House within
Res. 1 Congress and to a seat therein five weeks (see
Termination: H. Rept. No. 90-
Feb. 23, 1967 27); no
legislative
authority
[[Page 244]]
Small Business
Est. Dec. 4, Assistance to small business; small Reported to the
1941; 77-1, H. business protection; financial House on
Res. 294 aid; small business participation results of its
Reconstituted in federal procurement investigations;
each Congress had no
until 1970; legislative
became a authority prior
standing to becoming a
committee (H. standing
Res. 988), committee
1975
Standards and
Conduct of
Members
Est. Oct. 19, Rules or regulations necessary or To make
1966; 89-2, H. desirable to ensure proper recommendations
Res. 1013 standards of conduct by Members to the House by
Termination: and by officers or employees of report or
Dec. 27, 1966; the House; reporting of statutory resolution
standing violations
Committee on
Standards of
Official
Conduct
created Apr.
13, 1967
Survivors'
Benefits
Est. Aug. 4, Benefits provided under federal law To prepare such
1954; 83-2, H. for surviving dependents of legislation; to
Res. 549 deceased members and former report on the
Termination: members of the armed forces results of its
Jan. 15, 1956 investigation
(see H. Rept.
No. 83-9282)
Tax-exempt
Foundations and
Organizations
Est. Apr. 4, Educational and philanthropic To report to the
1952; 82-2, H. foundations and related House on the
Res. 561 organizations exempt from federal result of its
Termination: income taxation; use of investigation
Dec. 16, 1954 foundations (see H. Rept.
No. 82-2681);
no legislative
authority
Transactions on
Commodity
Exchanges
Est. Dec. 18, Purchases and sales of commodities; To report to the
1947; 80-1, H. commodities for future delivery; House on
Res. 404 activities of federal agencies and completion of
Termination: individuals therein as affecting its
Dec. 31, 1948 the price of commodities investigation
(see H. Rept.
No. 80-2472);
no legislative
authority
[[Page 245]]
U.S. Military
Involvement in
Southeast Asia
Est. June 8, All aspects of U.S. military To report on its
1970; 91-2, H. involvement in Southeast Asia investigation
Res. 976 (see H. Rept.
Termination: No. 91-1276);
July 6, 1970 no legislative
authority
U.S. Servicemen
Missing in
Action in
Southeast Asia
Est. Sept. 11, U.S. servicemen identified as To report to the
1975; 94-1, H. missing in action; recovery of House on its
Res. 335 bodies of known dead; investigation
Termination: international inspection teams (see H. Rept.
Mar. 13, 1977 No. 94-178); no
legislative
authority
White County
Bridge
Commission
Est. May 25, Financial position of the White To report to the
1955; 84-1, H. County Bridge Commission; monies House with
Res. 244 received and expenditures made; recommendations
Termination: anticipated toll-free use (see H. Rept.
Apr. 25, 1956 No. 84-2052);
no legislative
authority
World War II
Veterans
Est. Aug. 28, Abuses in education, training and To report on the
1950; 81-2, H. loan guarantee programs of World results of its
Res. 474 War II veterans investigation
Termination: (see H. Rept.
Feb. 2, 1951 No. 2501); no
legislative
authority
------------------------------------------------------------------------
Sec. 14 . Joint Committees
Generally
Joint committees are composed of Members from both Houses. They
have been in use since the earliest days of the Republic. Jefferson
notes that joint committees were used by the two Houses of the English
Parliament. Manual Sec. 325. In the First Congress, a joint committee
was used to make arrangements for the inauguration of President
Washington. 3 Hinds Sec. 1986. Joint standing committees were soon
formed on the Library (4 Hinds
[[Page 246]]
Sec. 4337) and Printing (4 Hinds Sec. 4347), and these committees
exist to this day. Manual Secs. 985, 986.
Joint committees, or committees of the House and Senate acting
jointly, have been used to investigate problems relating to
immigration (4 Hinds Sec. 4415), to resolve a dispute relating to the
electoral count (3 Hinds Sec. 1953), to investigate the revision and
codification of the laws (4 Hinds Sec. 4410), and to study the
organization and operation of the Congress (2 USC Secs. 411-417).
Jurisdiction, Functions, and Duties
Joint committees are used for study and investigation, supervision
and oversight, and sometimes for purely ceremonial activities. They
are primarily advisory in nature. They seldom have legislative
jurisdiction, and do not ordinarily have the power to report
legislative measures for consideration. They generally function in
areas beyond the jurisdiction of any particular committee of either
House. Deschler Ch 17 Sec. 7. Joint committees may report to both
Houses if so directed (4 Hinds Secs. 4421, 4422), or to either House
(4 Hinds Sec. 4432; 7 Cannon Sec. 2167).
A joint committee created by concurrent resolution may be
instructed by the two Houses acting concurrently or by either House
acting independently. 4 Hinds Sec. 4421. However, a joint committee
created by statute is not susceptible to control by one House and its
duties may not be enlarged or diminished by either House acting
independently. 7 Cannon Sec. 2164.
Composition; Voting
Recent joint committees have featured an equal number of Members
from both Houses, with the chairmanship alternating between the House
and Senate, and with each member having one vote. Deschler Ch 17
Sec. 7.
The table below shows the major joint committees that were
established during the post-1946 era, their composition, and their
jurisdiction and functions:
Joint Committees
------------------------------------------------------------------------
Committees Jurisdiction and Functions
------------------------------------------------------------------------
Atomic Energy (18 mbrs) Development, use, and control of
Est. 1946; 42 USC Sec. 2251 atomic energy; to report legislation
House mbrs: 9 and make recommendations within its
Senate mbrs: 9 jurisdiction; legislative
Termination: Jan. 4, 1977 jurisdiction abolished, H. Res. 5,
95-1, 1977
[[Page 247]]
Congressional Operations (10 Identification of court proceedings
mbrs) affecting Congress; organization and
Est. 1970; 2 USC Secs. 411-417 operation of the Congress;
House mbrs: 5 supervision of the Office of
Senate mbrs: 5 Placement and Management; no
Inactive since 94th Cong. legislative jurisdiction
Select Committee on
Congressional Operations
created, 95-1, H. Res. 420
Defense Production (10 mbrs) Review of programs established by the
Est. 1950; 50 USC App Sec. Defense Production Act of 1950;
2161 federal emergency preparedness and
House mbrs: 5 mobilization policy; integrity of
Senate mbrs: 5 defense contracts and the
Termination: No appointments procurement process; to report to
after Sept. 30, 1978 the House and Senate on its studies,
with recommendations
Economic (20 mbrs) Economic Report by the President;
Est. 1946; 15 USC Sec. 1021 means of promoting national policy
House mbrs: 10 on employment; short-term and medium-
Senate mbrs: 10 term economic goals; to report to
(Manual Sec. 983) Budget Committees and to House and
Senate
Housing (14 mbrs) Housing needs in U.S.; building
Est. 1947; H. Con. Res. 104 material shortages; building costs;
House mbrs: 7 building codes and zoning laws;
Senate mbrs: 7 housing loans and insurance;
Termination: 80th Cong. veterans' preferences; findings to
be reported to the House and Senate
Internal Revenue Taxation (10 Operation and effects of federal
mbrs) system of internal revenue taxation;
Est. 1926; 26 USC Sec. 8002 reports to the Committee on Ways and
House mbrs: 5 Means, and, in its discretion,
Senate mbrs: 5 directly to the House
(Manual Sec. 984)
Library (10 mbrs) Management and expansion of the
Est. 1806; 2 USC Sec. 132b Library of Congress; rules and
House mbrs: 5 regulations for the government of
Senate mbrs: 5 the Library; development of Botanic
(Manual Sec. 985) Gardens; gifts for the benefit of
the Library; statues and other works
of art in the Capitol
[[Page 248]]
Organization of the Congress (24 Organization and operation of
mbrs) Congress; relationship between the
Est. 1965; S. Con. Res. 2 two Houses and between the Congress
1992; H. Con. Res. 192 and other branches of government;
House mbrs: 12 committees; reports to the House and
Senate mbrs: 12 Senate
(Manual Sec. 986a)
Printing (10 mbrs) Inefficiencies or waste in the
Est. 1846 printing, binding, and distribution
House mbrs: 5 of government publications;
Senate mbrs: 5 arrangement and style of the Record;
(Manual Sec. 986) printing of the legislative program
for each day; listing of committee
meetings and hearings
Washington Metropolitan Problems Growth and expansion of the District
Est. 1957; H. Con. Res. 172 of Columbia and its metropolitan
Termination: 86th Cong. area; effectiveness of agencies and
instrumentalities concerned
therewith; to report to the House
and Senate
------------------------------------------------------------------------
D. Procedure in Committees
Sec. 15 . Committee Rules; Applicable House Rules
Generally
The procedures which House committees are required to follow are
prescribed by the rules of the House (Manual Sec. 703a), by
Jefferson's Manual Secs. 704b, 938, and by the written rules which are
adopted by each standing committee (Manual Sec. 704a). Standing
committees and subcommittees are expressly made subject to the rules
of the House ``so far as applicable'' (Manual Sec. 703a), and each
standing committee must adopt written rules not inconsistent therewith
(Manual Sec. 704a).
Committees have historically adopted rules under which they
function for each Congress. 1 Hinds Sec. 707; 3 Hinds Secs. 1841,
1842; 8 Cannon Sec. 2214. The adoption of such rules by each committee
was made mandatory in 1971. Such rules must be published in the
Congressional Record within 30 days after the committee is elected.
Manual Sec. 704a. If a committee meets pursuant to a rule which has
not been published, the proceedings may be
[[Page 249]]
held insufficient to support a perjury conviction for alleged false
testimony given to that committee. U.S. v Reinecke, 524 F2d 435, 1975.
Points of Order
A point of order does not ordinarily lie in the House against
consideration of a bill by reason of defective committee procedures
occurring prior to the time the bill is ordered reported to the House.
Manual Sec. 704b. Thus, a point of order that a measure was ordered
reported in violation of a committee rule requiring advance notice of
the committee meeting will not lie in the House--the interpretation of
committee rules being within the cognizance of the committee and not
the House. 93-2, July 22, 1974, p 24437; 95-2, Oct. 12, 1978, p 36382.
On the other hand, if the procedure objected to was one which is
in direct violation of the rules of the House (see Manual Sec. 713c),
or where those rules specifically permit the raising of the objection,
a point of order may lie in the House, resulting in the recommitment
of the bill. Manual Sec. 704b. For example, a point of order against a
measure on the ground that the hearings on such measure were not
conducted in an open meeting as required by the rules may be raised in
the House by a committee member if the point of order was timely made
and improperly overruled or not properly considered in committee.
Manual Sec. 708.
A deficiency in a reporting requirement may also be the subject of
a point of order in the House. (Manual Sec. 713 c, d, e, f, g). A
committee report that erroneously reflects the information required
under Rule XI--that committee reports reflect the total number of
votes cast for and against any public measure or matter and any
amendment thereto and the names of those voting for and against
(Manual Sec. 713d)--may be subject to a point of order. 104-1, Jan.
19, 1995, p ____.
Sec. 16 . Records, Files, and Transcripts; Disclosure and Disposition;
Member Access
Generally; Voting Records
Each committee must keep a complete record of all committee
action. Manual Sec. 706a. A meeting or hearing transcript must
include, under new Rule XI clause 2(e)(1), a substantially verbatim
account of remarks actually made. All committee records and files must
be kept separate from the office records of the member serving as
chairman. Manual Sec. 706c.
The record of committee action must include a record of the votes
on any question on which a roll call vote is demanded, and the result
of each such vote must be made available by the committee for
inspection by the
[[Page 250]]
public. Manual Sec. 706a. In addition, committee reports must include
all record votes on motions to report and on amendments offered during
markup. Manual Sec. 713d.
Members' Right of Access; Disclosure
The records and files of a committee are considered the property
of the House, to which all House Members have access, although
exceptions are made for certain records of the Committee on Standards
of Official Conduct (Manual Sec. 706c) and of the Select Committee on
Intelligence (Manual Sec. 944a). However, such files may not be
brought into the well of the House if the committee has not authorized
such action. 86-2, June 3, 1960, p 11820. Moreover, a Member's right
of access to committee files does not entitle him to make photostat
copies of such files. 85-1, Aug. 14, 1957, p 14737. The clause
allowing access to committee records does not necessarily apply to
records within the possession of the executive branch which the
members of the committee have been allowed to examine under limited
conditions at the discretion of the agency. 96-2, July 31, 1980, p
20765. In implementing the House rule permitting access by Members to
committee files, committees may prescribe regulations to govern the
manner of access, such as requiring examination of files only in
committee rooms. Manual Sec. 706c.
Use of Information Obtained in Executive Session
While all Members have access to committee records under the rule,
testimony or evidence taken in an executive session of a committee is
under the control and subject to the regulation of the committee and,
under a separate provision of the rules (Manual Sec. 712), cannot be
released or made public without the consent of the committee. 87-1,
June 26, 1961, p 11233. Thus, while a Member's right of access may
allow him to examine executive session materials in committee rooms,
it does not permit him to copy or take personal notes from such
materials, to keep such notes in his personal office files, or to
release such materials to the public without the consent of the
committee or subcommittee. 95-1, Dec. 6, 1977, p 38470. Evidence taken
in executive session of a committee may later be made public by vote
of the committee. Deschler Ch 17 Sec. 22.2. This action may be taken
by the committee even with respect to evidence or testimony taken in
executive session because it tended to degrade, defame, or
incriminate. A committee has the right to make such information public
at a later time and may, by vote of the committee, do so. Deschler Ch
17 Sec. 22.3.
Evidence received in executive session by vote of a quorum should
be presumed to remain as executive session records until a quorum at a
valid
[[Page 251]]
meeting votes to release them or to make the evidence public; the
chairman has no unilateral authority, not possessed by any other
member, to release such material. The rule that a majority of the
committee shall constitute a quorum for closing a meeting has been
construed to require that a majority be present to release or make
public evidence received in a closed meeting. Manual Sec. 712.
The rules prohibit the public disclosure of complaints or
information received by the Committee on Standards of Official Conduct
except as authorized by that committee. Manual Sec. 698.
Disposition of Committee Records
The House may adopt a resolution providing for the disposition of
the records and files of a select or other committee. It may require
that the files be held intact and turned over to a newly created
committee with similar jurisdiction. Deschler Ch 17 Sec. 19.3. In the
absence of such disposition by the House, all documents referred to a
committee, together with evidence taken by the committee, must under
the House rules be delivered to the Clerk of the House within three
days after the final adjournment of Congress. Manual Sec. 932.
Under Rule XXXVI, an order of the House is required for the
release of noncurrent records of the House. 102-1, Mar. 22, 1991, p
____.
Reference in Debate to Transcripts or Minutes
Under early decisions of the House, it was not in order in debate
to refer to the proceedings of a committee except as had been formally
reported to the House. 5 Hinds Secs. 5080-5083; 8 Cannon Secs. 2485-
2493; Deschler Ch 17 Sec. 20.1. It had been held that a Member might
not use a transcript of an open committee meeting in debate in the
House where the matter had not been reported to the House. Deschler Ch
17 Sec. 20.2. The rationale for the early decisions was to protect the
confidentiality and independence of committee proceedings, and to
permit flexibility and compromise in committee deliberations. 8 Cannon
Sec. 2491. Today, however, the rules require that committee meetings
be open to the public unless properly closed by vote of the committee,
and transcripts of committee proceedings are widely available; these
considerations mitigate against the application of the rule of
nondisclosure to meetings and hearings which are open to the public.
Deschler Ch 17 Sec. 20.1; Manual Sec. 360. On the other hand, it is
clear that the rule protecting committee proceedings from disclosure
in House debate is applicable to executive session proceedings. 8
Cannon Sec. 2493; Deschler Ch 17 Sec. 20. Thus, it has been held not
in order in debate in the House to refer to or quote from the minutes
of an executive session of a
[[Page 252]]
committee, unless the committee has voted to make such proceedings
public. 90-1, Apr. 5, 1967, p 8411. And the precedents clearly prevent
reference in debate to committee actions which impugn the motives of
committee members, whether or not by name. 77-1, Feb. 11, 1941, p 894.
Sec. 17 . Meetings
Regular Meetings; Calling Additional Meetings
Standing committees must fix regular meeting days. Manual
Sec. 705. These meeting days may be either on a weekly, biweekly, or
monthly basis (Manual Sec. 407) and standing committees must meet at
least once a month. Additional meetings may be called by the chairman
as he may deem necessary, and a mechanism exists which allows a
majority of the committee to require that a special meeting be held to
consider a particular measure or matter. Manual Sec. 705. Where a
committee has a fixed date to meet, a quorum of the committee may
convene on that date without call of the chairman and transact
business regardless of his absence. 8 Cannon Sec. 2214. In the absence
of the chairman, the ranking majority member presides at the meeting.
Manual Sec. 705.
Open or Closed Meetings
All committee or subcommittee meetings of a business nature,
including those for the markup of legislation, must be open to the
public, including the media, unless the committee, in open session
with a majority present, votes to close all or part of the remainder
of the meeting on that day pursuant to Rule XI clause 2(g)(1). If the
meeting is closed, no person other than members of the committee and
such staff and departmental representatives as they may authorize may
be present. Manual Sec. 708.
Sec. 18 . -- Consideration and Debate; Voting
Generally; Motion Practice
Committees generally conduct their business under the five-minute
rule and may employ the ordinary motions and procedures which are in
order in the House under Rule XVI clause 4, as well as those
procedures which are in order in the House as in the Committee of the
Whole. Manual Secs. 704b, 782. These include:
The reading for amendment by section as in the Committee of
the Whole and the reading of the measure and amendments thereto
in full. Manual Sec. 704b.
Limiting the time for debate (4 Hinds Sec. 4573) and the
motion to limit debate under the five-minute rule (Manual
Sec. 704b).
[[Page 253]]
The motion for the previous question. See Manual Sec. 804.
Voting by the yeas and nays. 4 Hinds Sec. 4572.
The motion to refer. See Manual Sec. 787.
The motion to lay on the table (3 Hinds Sec. 1737; 4 Hinds
Sec. 4568); but tabling an amendment also carries the bill to
the table.
The motion to reconsider. 4 Hinds Secs. 4570, 4571.
The taking of an appeal from a decision of the Chair. 4 Hinds
Sec. 4569.
The motion to recess from day to day. Manual Sec. 703a.
Proxy Voting
Proxy voting in committees, once permitted under certain
conditions, was banned in the 104th Congress under House rules. Rule
XI clause 2(f).
Sec. 19 . Hearings
Generally; Types of Hearings
The three most common types of hearings held by the committees of
the House are: (1) legislative hearings, which are held to consider
the enactment of a measure into law, and which provide a forum where
information and opinions on the measure can be presented; (2)
investigative hearings, designed to inform the House as to activities
which may call for legislation; and (3) oversight hearings, which are
inquiries that invoke the investigative powers of the House as
overseer of federal programs and operations. (Nomination hearings are
heard before the Committee on the Judiciary. See Manual Sec. 256.)
Investigative or oversight hearings have included such well-known
historical landmarks as the Credit Mobilier Corporation bribery charge
investigation of 1872 (2 Hinds Sec. 1286), the Un-American activities
investigations beginning in the 1930's (Deschler Ch 15 Sec. 1.32), and
the investigation of covert arms transactions with Iran in 1988 (100-
1, H. Res. 12).
Although all three types of hearings share certain common
characteristics, the House rules contain procedures which are unique
to each category. See, for example, Manual Sec. 712, setting forth
rules governing procedures at investigative hearings.
Announcement of Hearings
As of the 104th Congress, chairmen of committees must announce a
hearing at least one week in advance, although the chairman and
ranking minority member acting jointly, or the committee by majority
vote with a meeting quorum present, may determine that there is good
cause to begin the hearing sooner, in which case it must make the
announcement at the earliest possible date. The announcement must be
published in the Daily Di-
[[Page 254]]
gest and entered into the committee scheduling service of the House
Information Systems. Manual Sec. 708. The Committee on Rules is
exempted from this requirement.
Sec. 20 . -- Hearings as Open or Closed
Closing Hearings
Committee hearings must be open to the public unless the committee
or subcommittee, in open session and with a majority present,
determines by roll call vote that all or part of the hearing on that
day should be closed because of one of the permissible reasons for
closing stated in Rule XI clause 2(g)(2). Permissible reasons include
national security, the compromise of sensitive law enforcement
information, or where testimony might incriminate, defame or degrade a
person. Certain committees may close pursuant to this rule for one
additional day of hearings; specified committees may close for up to
five days. Manual Sec. 708.
Evidence Tending to Defame, Degrade, or Incriminate
The House rules require that certain procedural steps be taken
whenever it is asserted that evidence before a commmittee at an
investigative hearing may tend to defame, degrade, or incriminate.
While two members may constitute a quorum for the taking of testimony,
more members may be present. A majority of those present may vote to
continue the testimony in executive session. If the hearing is to
continue as open, a quorum of the committee or subcommittee must be
present to entertain a motion that the evidence is in fact not
defamatory, incriminating or degrading. Such a motion requires a
majority for adoption. An opportunity to appear voluntarily must be
afforded to the witness in either case. Manual Sec. 712. If a witness
appears in response to a subpena and, when called, asks on proper
grounds for an executive session, the committee must determine whether
the testimony will tend to defame, degrade, or incriminate, even
though the witness may have ignored a previous opportunity to appear
voluntarily to testify. See 89-2, Oct. 18, 1966, pp 27439-95. But the
proper assertion must be made by the witness to the committee. If he
leaves the hearing room without making any statement other than that
he refuses to testify, the committee is not obligated to go into
executive session, since the proceedings have not reached the point
where the witness has demanded that the committee determine whether
the testimony would tend to degrade, defame, or incriminate. 89-2,
Oct. 18, 1966, pp 27439-48, 27481-85. The determination that evidence
or testimony may tend to degrade, defame, or incriminate a person lies
with the
[[Page 255]]
committee and not with the witness. See 89-2, Oct. 18, 1966, pp 27439-
48, 27481 et seq.
A point of order may be raised against a privileged report of a
committee relating to the refusal of a witness to testify on the
ground that the committee had violated the rule relating to the
receiving of degrading or incriminating testimony in executive
session. 89-2, Oct. 18, 1966, pp 27486 et seq.
Sec. 21 . Quorum Requirements
Generally; Meetings
It is a routine practice of the committees of the House to
ascertain the presence of the appropriate quorum before proceeding to
business. 8 Cannon Sec. 2222. Historically, a majority of a committee
constituted a quorum for the transaction of business. Manual Sec. 409;
4 Hinds Secs. 4540, 4552.
In the 84th Congress, the House gave its committees the right to
set the number of Members required to be present for the taking of
testimony at a hearing, but mandated the presence of at least two
Members. H. Res. 151, Mar. 23, 1955. In the 95th Congress, committees
(except for Appropriations, Budget and Ways and Means) were allowed to
fix the quorum for the conduct of business, other than the reporting
of a measure, at not less than one-third of a committee's membership.
H. Res. 5, Jan. 4, 1977.
Current minimum quorum requirements for committees of the House
are as follows:
------------------------------------------------------------------------
Action Minimum Quorum Rule XI clause 2
------------------------------------------------------------------------
To report a measure A majority of (l)(2)
or recommendation committee, ``actually Manual Sec.
present'' 713c
To authorize and A majority of the (m)(2)
issue a subpena committee Manual Sec. 718
To close a meeting or A majority of the (g)(1)
hearing committee Manual Sec. 708
To make public A majority of the (k)(5)
evidence taken in committee Manual Sec. 712
executive session
To take evidence or A majority of the (k)(5)
testimony in open committee Manual Sec. 712
session after
assertion that it
defames, degrades or
incriminates
[[Page 256]]
To take testimony or Two members (h)(1)
receive evidence at Manual Sec. 709
hearing
To close a hearing Two members (k)(5)
where assertion of Manual Sec. 712
defamatory testimony
or evidence is made
To take any action One-third of membership (h)(2)
``other than Manual Sec. 709
reporting''
------------------------------------------------------------------------
Sec. 22 . -- In Ordering a Report to the House
Generally; ``Rolling'' Quorums
A standing committee cannot validly report a measure unless the
report was authorized at a formal meeting of the committee with a
quorum present. 8 Cannon Secs. 2220-2222; Deschler Ch 17 Sec. 23.2.
The report is not valid unless authorized with a quorum of the
committee actually present at the time the vote is taken. Manual
Sec. 713d. A poll of committee members by telephone will not suffice.
Deschler Ch 17 Sec. 23.2.
In 103d Congress, the rules were amended to permit a so-called
``rolling quorum'' by allowing a majority to be deemed present if the
committee records showed that a majority responded on a roll call vote
on the motion to report in question. H. Res. 5, Jan. 5, 1993, p ____.
This language was dropped from the rules in 1995, thus restoring the
previous requirement that a ``majority of the committee be actually
present'' at the time a measure is ordered reported. The requirement
that a majority be actually present at the time the measure is
reported from a committee means that a majority must be
contemporaneously assembled when the question is put or at some point
while the vote is taken. Unlike a House floor vote during which
Members may come and go during the course of a vote, the committee
quorum rule, absent the old ``rolling quorum'' latitude, means a
committee can no longer simply leave a vote open until a sufficient
number of Members have responded to their names. See 104-1, Jan. 5,
1995, p ____.
While Speakers have indicated that committee members may come and
go during the course of the vote if the roll call indicates that a
quorum was present (8 Cannon Sec. 2222), where it is admitted that a
quorum was not in the room at any time during the vote and the
committee transcript does not
[[Page 257]]
show a quorum acting as a quorum, the Chair will sustain the point of
order. 8 Cannon Sec. 2212).
A point of no quorum pending a committee vote on ordering a
measure reported may provoke a quorum call to obtain the presence of a
majority of the committee in the committee room. Manual Sec. 713d.
The absence of a quorum at the time a ``clean'' bill is ordered
reported gives rise to a point of order even though the chairman had
been previously instructed by the committee to report the bill. See
93-1, July 23, 1973, pp 25476 et seq.
Suspension of Quorum Requirement
Where a bill is being considered under suspension of the rules, a
point of order will not lie against the bill on the ground that a
quorum was not present when the bill was reported from committee.
Deschler Ch 17 Sec. 24.8.
Sec. 23 . -- -- Points of Order
Generally
Unless a point of order is raised, the House assumes that reports
from committees are authorized with a quorum present. Deschler Ch 17
Sec. 23. Quorum issues raised by a point of order are often determined
on the basis of information in the report or supplied by the chairman
of the committee in question (84-2, July 9, 1956, p 12199; 95-2, Oct.
12, 1978, p 36382) and the Speaker may question him as to the
circumstances of the meeting and the number of committee members
present at that meeting. Deschler Ch 17 Sec. 23.5. Where the chairman
admits that the bill was reported when a quorum was not present the
point of order against the bill on that ground will be sustained.
Deschler Ch 17 Sec. 25.2. If the point of order is sustained, the bill
is automatically recommitted. Deschler Ch 17 Secs. 23.2, 25.2.
Timeliness
A point of order that a bill was reported from a committee in the
absence of a quorum is properly raised in the House when the bill is
called up for consideration (Deschler Ch 17 Sec. 24.2) or pending a
vote on a motion that the House resolve itself into the Committee of
the Whole for the consideration of the bill. Deschler Ch 17 Sec. 24.4.
It has been ruled that such a point of order comes too late if raised:
After consideration of the bill has begun in the House. 8
Cannon Sec. 2223.
After the House has resolved into the Committee of the Whole
for the consideration of the measure. Deschler Ch 17 Sec. 24.5.
[[Page 258]]
After debate on the measure has started in the House. Deschler
Ch 17 Sec. 24.6.
After adoption of the measure. Deschler Ch 17 Sec. 24.7.
The point of order is premature and will not be entertained:
Where a resolution providing for the consideration of the bill
is before the House. Deschler Ch 17 Sec. 24.2.
Pending a unanimous-consent request to consider the measure
otherwise not privileged for consideration. 90-2, Oct. 11,
1968, p 30751.
Sec. 24 . Witnesses
Summoning Witnesses; Subpenas
Witnesses are summoned before a committee pursuant to authority
conferred on it by the House to send for persons or papers. 3 Hinds
Sec. 1750. In Rule XI (Manual Sec. 718) the House has empowered its
committees and subcommittees to issue a subpena when authorized by a
majority of the members voting, a majority being present. Full
committee chairpersons may authorize and issue subpenas when that
authority is delegated by the full committee. Such subpenas must be
signed by the chairman of the committee or by a member designated by
the committee.
Under clause 2(m) of Rule XI, compliance with a committee subpena
may be enforced only as authorized by the House. Manual Sec. 718. This
clause has been interpreted to require authorization by the full House
before a subcommittee chairman may intervene in a law suit in order to
gain access to documents subpenaed by the subcommittee. In re Beef
Industry Antitrust Litigation, 589 F2d 786 (5th Cir. 1979).
Enforcement procedures, see Sec. 26, infra.
Interrogation of Witnesses
The questioning of witnesses appearing before a committee proceeds
under the five-minute rule. Under this rule, committee members may
take up to five minutes initially to question a witness until each
member has had an opportunity to question the witness. Manual
Sec. 711.
Witnesses Called by the Minority
When a hearing is held on a measure or matter, the minority
members on the committee have the right to call witnesses of their own
choosing to testify on the subject of the hearing for one day. Such a
request must be supported by a majority of the minority members and
submitted to the chairman before the completion of the hearing. Manual
Sec. 711.
[[Page 259]]
Perjury
Under federal statutes (18 USC Sec. 1621), it is a felony to give
perjurious testimony before a congressional committee. It is clear
from court rulings however that the facts sought must be in aid of the
committee's legislative purpose. The committee may recall a witness
for additional testimony on a point already testified to, or question
him about a prior denial, or address questions to him which are not
clearly in aid of legislation, but a perjury indictment may not be
found on false testimony in response to questions which are not asked
for the purpose of eliciting facts material to the committee's
investigation. U.S. v Cross, D.C.D.C. (1959), 170 F Supp 303.
A quorum of a committee must be present when testimony is given to
support a charge of perjury. But the absence of a quorum of a
committee at the time a witness willfully fails to produce subpenaed
documents is not a valid defense in a prosecution for contempt where
the witness failed to raise that objection before the committee.
United States v Bryan, 339 US 323 (1950); United States v Fleischman,
339 US 349 (1950).
Use of Written Statements
Each committee is obliged to require, ``so far as practicable,''
that each prospective witness file a written statement of his proposed
testimony in advance and limit his oral presentation to a summary
thereof. Manual Sec. 708. At investigative hearings, witnesses are
permitted, in the discretion of the committee, to submit brief, sworn
statements in writing for inclusion in the committee record. Manual
Sec. 712.
Witness Fees
Witnesses are reimbursed for their expenses pursuant to House Rule
XXXV. That rule sets the same per diem as is authorized by the
Committee on House Oversight for Members and employees of the House.
Manual Sec. 931. Some committees, in their rules, prescribe procedures
for disbursing such fees, such as the signing of appropriate vouchers.
Sec. 25 . -- Rights or Privileges of Witnesses
Generally; Under the Constitution
Committee investigations must be conducted consistently with the
United States Constitution and Bill of Rights, particularly the First,
Fourth, and Fifth Amendments. Witnesses appearing at investigative
hearings cannot be compelled to give evidence against themselves. They
cannot be subjected to unreasonable search and seizure. Nor can the
First Amendment freedoms of
[[Page 260]]
speech, press, religion, or political belief and association be
abridged. Watkins v United States, 354 US 178 (1957).
The Privilege Against Self-incrimination
The privilege against self-incrimination may be invoked by a
person subpenaed to testify or produce materials before a House
committee notwithstanding the fact that a congressional investigation
is not a ``criminal case'' in the conventional sense. 3 Hinds
Secs. 1699, 2514. The assertion of the privilege against self-
incrimination need take no particular form, provided the committee can
reasonably be expected to understand it as an attempt to invoke the
privilege. Quinn v United States, 349 US 155 (1955). At the same time,
a witness may waive the privilege by failing to assert it, expressly
disclaiming it, or testifying on the same matters concerning which he
later claims the privilege. Deschler Ch 15 Sec. 9. Thus, after
testifying to an incriminating fact, a witness may not refuse to
answer more questions on the same subject on the ground that such
answers would further incriminate. Rogers v United States, 340 US 367
(1951).
Immunity Procedures
Under a statute adopted in 1970, a witness who refuses to testify
before a congressional committee on the basis of his privilege against
self-incrimination may be granted immunity by court order and, under
certain conditions, compelled to testify or provide information to the
committee. Under the statute, the request for the court order must
have been approved by two-thirds of the entire membership of the
committee. 18 USC Secs. 6002, 6005. Such statutes have been upheld as
constitutional. Application of U.S. Senate Select Committee on
Presidential Campaign Activities, D.C. D.C., 1973, 361 F Supp 1270.
See also 6 Cannon Sec. 354.
Under the Rules of the House
A witness appearing at an investigative hearing before a committee
of the House is entitled to certain rights or privileges under the
rules of the House. See Rule XI clause 2(k). Manual Sec. 712. Under
these rules, the witness is entitled:
To a copy of the committee rules.
To be accompanied by counsel.
To seek a closed hearing if the evidence tends to defame,
degrade, or incriminate him.
To terminate broadcast coverage of testimony being taken under
subpena (Rule XI clause 3(f)).
To submit requests to subpena additional witnesses.
[[Page 261]]
To submit brief and pertinent sworn statements in writing for
inclusion in the committee record.
To a transcript of his testimony if given in an open hearing.
Although the applicable rule permits witnesses to have counsel at
investigative hearings, it is the witness, not counsel, who has
ultimate responsibility for protecting his rights and invoking the
procedural safeguards guaranteed under the rules of the House. The
attorney for the witness may not, as a matter of right, present
argument or make demands on the committee. See 89-2, Oct. 18, 1966, pp
27486-95.
Sec. 26 . -- Proceedings Against Recalcitrant Witnesses
An individual who fails or refuses to comply with a House subpena
may be cited for contempt of Congress. The Supreme Court has found the
subpena power to be an ``indispensable ingredient'' of the legislative
powers granted to Congress by the Constitution. Eastland v United
States Servicemen's Fund, 421 US 491 (1975). Although the Constitution
does not expressly grant Congress the power to punish witnesses for
contempt, that power has been deemed an inherent attribute of the
legislative authority of Congress. See Anderson v Dunn, 19 US 204
(1821). To supplement this inherent power, the Congress in 1857
adopted an alternative statutory contempt procedure; under this
statute, the refusal to comply with a congressional subpena is
punishable by fine and imprisonment. 2 USC Sec. 194. For comprehensive
discussion, see Contempt Power.
Sec. 27 . Media Coverage of Hearings and Meetings
Radio, television and still photography coverage of open committee
hearings or meetings is governed by the House rules. Rule XI clause 3.
Manual Secs. 720-725. In the 104th Congress, the requirement that a
committee vote to permit coverage of open meetings and hearings was
eliminated. H. Res. 6, Sec. 105, Jan. 4, 1995.
E. Committee Reports
Sec. 28 . In General
Necessity of Report; Chairman's Duty to Report
It has been a rule of the House since 1880 that bills reported
from a committee must be accompanied by written reports. Rule XVIII
clause 2. Reported bills that are not accompanied by a written report
are not placed
[[Page 262]]
on a calendar and are not considered in the House except by unanimous
consent. 8 Cannon Sec. 2783.
The report of a committee is in the nature of argument or
explanation. The report on a legislative measure does not itself come
before the House for amendment or other specific action. 4 Hinds
Sec. 4674; Deschler Ch 17 Sec. 58. And the Speaker makes no
determinations as to the sufficiency of a report. 2 Hinds Sec. 1339.
It is the duty of each committee chairman to ``promptly'' report
measures approved by the committee to the House. Rule XI clause
2(l)(1). Manual Sec. 713a. Under this rule, if the report on such a
measure is not filed by the chairman of the committee, a majority of
its members may file a written request for the filing of the report.
Within seven calendar days (exclusive of the days on which the House
is not in session) after the filing of the request, the committee
report itself is to be filed. Excepted from this rule are certain
reports of the Committee on Rules and reports on resolutions of
inquiry. Manual Sec. 713b.
Committee Authorization or Approval
When a committee concludes consideration of a bill, a motion to
order the measure reported is in order. 4 Hinds Sec. 4667. In this
respect, the House has adhered to the principle that the reporting of
a measure must be authorized by the committee acting together at a
formal meeting of the committee with a quorum present (4 Hinds
Sec. 4585; 8 Cannon Sec. 2221); reports are admissible in the House
only when authorized by a vote taken at a meeting with the committee
actually assembled (8 Cannon Secs. 2221, 2222, 2249).
Objection being made that the text of a report does not reflect
the actions of a committee, the question as to the reception of the
report is submitted to the House (4 Hinds Sec. 4591); and if a bill is
held improperly reported, the bill is not entitled to a place on the
calendar (4 Hinds Sec. 3117). But after the House has voted to
consider a report (4 Hinds Sec. 4598) or after consideration has begun
in the House (7 Cannon Sec. 2225), it is too late to raise the
question of authorization or to question the validity of the
committee's action in reporting the bill (4 Hinds Sec. 4599; 8 Cannon
Sec. 2223).
The rules of the House do not require that committees separately
approve legislative reports. A point of order that a committee did not
vote to approve a report as required by the rules of the committee is
properly made in committee and not in the House. Deschler Ch 17
Sec. 58.5.
Recommittal
The failure of a committee report to comply with the House rules--
such as the Ramseyer rule (Manual Sec. 745)--relative thereto may
result in auto-
[[Page 263]]
matic recommittal of the bill if a point of order is sustained. See,
for example, 8 Cannon Sec. 2237. However, the committee may file a
supplemental report to correct technical errors in its initial report,
and recommittal would not be required in such a case. If the bill is
recommitted because of a defective report, further proceedings are de
novo and all committee formalities necessary to the first report are
likewise necessary to authorize a second report. 8 Cannon Sec. 2221.
Adverse or Unfavorable Reports
A committee may report a bill adversely (Manual Sec. 744) even
though the committee originated the bill. 4 Hinds Sec. 4659. A
committee may also report a bill to the House with no recommendation
for action (4 Hinds Secs. 4661, 4662). If the committee is unable to
agree on a recommendation for action, it may submit a statement of
this fact in the report (4 Hinds Sec. 4665), in which case the report
may include minority views alone (2 Hinds Sec. 945) or simply set
forth the propositions representing the opposing contentions (3 Hinds
Sec. 2497; 4 Hinds Sec. 4664).
Multiple Reports; Supplemental Reports
The report of a committee must be confined to a single volume
(Sec. 29, infra), and ordinarily only one report is filed on each
bill. Indeed, it has been held that two reports may not be filed (from
the Committee on Rules) to accompany the same rule or order of
business. Deschler Ch 17 Sec. 58.2. However, the rules permit the
filing of a supplemental report to correct a technical error in a
previous report, and unanimous consent is not required. Deschler Ch 17
Sec. 64.1. The failure of a committee report to comply with the
Ramseyer rule, for example, may be remedied by a supplemental report.
8 Cannon Sec. 2247. But the authority to file a supplemental report to
correct a technical error in a previous report does not include the
authority to file a supplemental report to change a statement of
legislative intent contained in the initial report. Deschler Ch 17
Sec. 64.1 (note) or to include additional views not timely submitted
for inclusion with the report. And unanimous consent is required for a
committee to file a supplemental report containing substantive
interpretations of a previously reported bill. 95-1, Oct. 25, 1977, p
35006.
Reporting Bills With Amendments; ``Clean'' Bills
A committee may report a bill with various amendments for the
consideration of the House. Where a bill has been extensively amended
in the committee, its members may instruct the chairman to incorporate
the changes into an amendment in the nature of a substitute or to
introduce a
[[Page 264]]
``clean'' bill, which reflects the committee's action. If the latter
course is chosen, the new bill must be introduced through the hopper.
In either case, the committee cannot vote to report until it has the
perfected text before it. See 93-1, July 23, 1973, pp 25476-82.
Sec. 29 . Form and Contents of Report; Inflationary Impact Statements,
Cost Estimates, and Oversight Findings
Committee reports are governed as to form and content by the rules
of the House. 90-1, July 12, 1967, p 18558. Those rules require that
committee reports be printed (Manual Sec. 821) and confined to a
single volume (Manual Sec. 714). Verbal statements will not be
received in the House as the report of a committee. 4 Hinds
Secs. 4654, 4655. Any amendments referred to in the report are keyed
by page and line references to the measure as printed when originally
referred; such references need not correspond to the pages and lines
of the reported measure. Deschler Ch 17 Sec. 59.2.
Matters which must be included in a committee report on any public
bill or resolution include:
The total number of votes cast in a roll call vote in
committee for or against the reporting of the measure and on
any amendment thereto, and the names of those voting for or
against. Manual Sec. 713d.
An inflationary impact statement. Manual Sec. 713f.
Estimates and comparisons as to the costs anticipated in
carrying out the measure over specified periods of time. Manual
Sec. 748b.
Oversight findings and recommendations required pursuant to
clause 2(b)(1) of Rule X. Manual Sec. 713e.
A summary of the oversight findings and recommendations made
by the Committee on Government Reform and Oversight. Manual
Sec. 713e.
A description of the measure's applicability to the
Legislative Branch under the Congressional Accountability Act
of 1955. Manual Sec. 713g.
Identification and cost-estimates of federal mandates under
the Unfunded Mandates Reform Act of 1995. Manual Sec. 1007.
Minority and/or supplementary views if properly submitted.
Manual Sec. 714.
The statement required by the Congressional Budget Act of
1974, if the measure provides new budget authority or new or
increased tax expenditures. Manual Sec. 713e.
The estimate and comparison prepared by the Congressional
Budget Office (if timely submitted). Manual Sec. 713e.
Reports of the Committee on Appropriations on general apropriation
bills, and of the Committee on Rules, have additional requirements.
Manual Secs. 731, 844b.
[[Page 265]]
Sec. 30 . Comparative Prints; The Ramseyer Rule
Generally
The Ramseyer rule was first incorporated into the House rules in
1929. It was named for its author, C. William Ramseyer. 8 Cannon
Sec. 2234. This rule provides that whenever a committee reports a
measure repealing or amending a statute, the committee report is to
include the text of the statute and a comparative print showing the
proposed omissions and insertions by stricken-through type and
italics, parallel columns, or other appropriate typographical devices.
Manual Sec. 745. The purpose of the rule is to inform Members of any
changes in existing law to occur through the proposed legislation.
Deschler Ch 17 Sec. 60; 88-1, Dec. 3, 1963, p 23036.
The Ramseyer rule requires that the statute proposed to be amended
be quoted in the report; it is not sufficient that it is incorporated
in the bill. 8 Cannon Sec. 2238. However, a comparative print need
only be prepared for the affected part of the law, assuming that the
reported measure does not affect other parts of that law. Deschler Ch
17 Sec. 60.6. If the bill amends existing law by the addition of a
proviso, the report should quote in full the section immediately
preceding the proposed amendment. 8 Cannon Sec. 2237.
Where a committee reports a bill with amendments, the comparative
print required by the rule must show the changes in existing law
proposed by the bill as amended, rather than by the bill as
introduced. 87-1, Sept. 22, 1961, p 20823. The rule is applied where
there has been a multiple referral of a measure to two or more
committees pursuant to Rule X clause 5 (Manual Sec. 700).
Application of Rule
To fall within the purview of the Ramseyer rule, a bill must
repeal or amend a statute in terms, and a general reference to the
subject treated in a statute without proposing a specific amendment is
not sufficient. 8 Cannon Sec. 2235. Provisions in a bill which merely
waive certain statutory requirements or grant an exemption therefrom
are not specifically amendatory of existing law, and therefore are not
subject to the Ramseyer rule requirements. Deschler Ch 17 Sec. 60.7.
Thus, the Ramseyer rule has been held inapplicable to a joint
resolution extending the period for state ratification of a
constitutional amendment submitted to the states, where the resolution
did not specifically change the deadline for ratification, but merely
extended the period ``notwithstanding'' any provision in the prior
law. 95-2, Aug. 15, 1978, p 26204.
[[Page 266]]
The Ramseyer rule is applicable whenever a committee ``reports'' a
bill repealing or amending ``any statute or part thereof.'' Manual
Sec. 745. Thus the rule is not applicable to:
A bill changing the rules of evidence for the District of
Columbia courts. Deschler Ch 17 Sec. 6.8.
Bills discharged from a committee (as distinguished from bills
reported by a committee). Deschler Ch 17 Sec. 60.10.
Bills amending simple resolutions. 8 Cannon Sec. 2239.
Special orders providing for the consideration of a bill. 8
Cannon Sec. 2244.
The Ramseyer rule is not applicable to reports accompanying simple
resolutions. 93-2, Sept. 30, 1974, p 32956. However, a Ramseyer-type
comparative print is required under clause 4(d) of Rule XI whenever
the Committee on Rules reports a resolution repealing or amending a
rule of the House or part thereof. Manual Sec. 731. This clause is
applicable to resolutions reported from the Committee on Rules which
propose the direct repeal or amendment of a rule of the House, but
does not apply to resolutions which merely provide temporary waivers
of rules during the consideration of particular legislative business.
94-1, Mar. 20, 1975, p 7677; 94-1, Mar. 24, 1975, p 8418. Nor does it
apply to a special order providing for the consideration of a bill
with textual modifications that would effect certain changes in House
rules on enactment of the bill into law, but not itself repealing or
amending any rule. 103-1, May 27, 1993, p ____.
The Ramseyer rule applies to general appropriation bills where
such bills include legislative provisions (8 Cannon Sec. 2241);
indeed, appropriation bills are subject to a separate provision of the
House rules requiring that the report contain a concise statement of
the affect of any direct or indirect changes in the application of
existing law. Manual Sec. 844b.
Substantial Compliance
A Ramseyer rule violation may occur even though the bill in
question proposes but one minor and obvious change in existing law. 8
Cannon Sec. 2236. Under the doctrine of substantial compliance,
however, the Speaker has overruled Ramseyer points of order on the
rationale that the committee had substantially complied with the
requirements of the rule and deviations were minor and
inconsequential. Deschler Ch 17 Secs. 60.11-60.14. Thus the Speaker
has upheld a report even though it contained errors in typography and
punctuation, and failed to indicate a relatively insignificant date
change. 89-1, July 26, 1965, p 18100.
[[Page 267]]
Points of Order
The point of order that a report fails to comply with the Ramseyer
rule is properly made when the bill is called up in the House and
before the House has resolved into the Committee of the Whole for its
consideration. 8 Cannon Secs. 2243, 2245; Deschler Ch 17 Secs. 60.15-
60.18. The point of order does not lie in the Committee of the Whole.
89-2, July 25, 1966, p 16840. Thus, the proper time to raise the point
of order is when the motion is made to go into the Committee of the
Whole to consider the bill. If that motion is withdrawn, the Chair is
not obliged to rule on the point of order. 96-1, Dec. 3, 1979, p
34385.
When a point of order is raised that a report is in violation of
the Ramseyer rule, it is incumbent on the proponent of the point of
order to cite the specific statute which will be amended by the
pending bill. 8 Cannon Sec. 2246.
A point of order will not lie against a committee report merely
because the comparative print required by the Ramseyer rule includes
laws which are not affected by the reported bill but which are
included to give full information to the Members. 88-1, Dec. 3, 1963,
p 23036.
Compliance with the Ramseyer rule may be waived by unanimous
consent or by special rule. Deschler Ch 17 Secs. 60.19, 60.20.
However, a special order providing for the consideration of a bill,
unless specifically waiving points of order, does not preclude the
point of order that the report on such a bill fails to comply with the
Ramseyer rule. 8 Cannon Sec. 2245.
Recommittal
Where a report on a bill fails to comply with the provisions of
the Ramseyer rule and a point of order is sustained on that ground,
the bill is recommitted to the committee reporting it. 8 Cannon
Sec. 2237; Deschler Ch 17 Sec. 60.2. Further proceedings are de novo
and the bill must again be considered and reported by the committee as
if no previous report had been made. 8 Cannon Sec. 2249.
Sec. 31 . Printing; Referral to Calendars
Generally
Unless a report is privileged for immediate consideration
(Sec. 33, infra), it is delivered to the Clerk for printing and
reference to the proper calendar under the direction of the Speaker.
Manual Sec. 743. Privileged reports are filed from the floor while the
House is in session and referred to the appropriate calendar and
ordered printed by the Speaker. Deschler Ch 17 Sec. 58.
[[Page 268]]
Referrals, including sequential referrals, see Introduction and
Referral.
Correction of Errors
Under a rule of the House, a bill reported adversely is laid on
the table unless the reporting committee or a Member requests its
reference to a calendar. Manual Sec. 744. Nonprivileged reports on
resolutions adversely reported are not printed unless a request is
made that they be referred to a calendar. Deschler Ch 17 Sec. 59.1;
86-1, July 15, 1959, p 13493. But reports on certain kinds of
resolutions, such as resolutions of inquiry, are considered
privileged, and are reported as such, whether favorable or adverse,
and are printed and referred. See Manual Sec. 857.
A ``star print'' of a committee report or reported bill is a
reprint intended to correct errors in the first printing of the
report. A ``star print'' may be authorized without House permission
where the error was made by the Government Printing Office. 95-2, June
23, 1978, p 18806.
Sec. 32 . Supplemental, Minority, and Additional Views
The members of a committee who are in the minority may not make a
report or present a proposition of legislation, but have the right to
file views to accompany the report. 4 Hinds Secs. 4601-4605. Unless
filed with the report, minority views may be presented only by consent
of the House (4 Hinds Sec. 4600; 8 Cannon Sec. 2231).
The House rules contain the requirement that committee reports
include supplemental, additional, or minority views of any committee
member who gives notice, at the time of the approval of the report, of
his intent to file such views within three calendar days, not counting
Saturdays, Sundays or legal holidays when the House is in session on
those days and not counting the partial day on which the bill is
ordered reported. Within the three-day time frame, the Member is
entitled to file such views, in writing and signed by him, with the
clerk of the committee. Manual Sec. 714. Under this rule, committee
members may now file their views as a matter of right, and if one
member makes a timely request for filing views, all other members of
the committee may submit views for inclusion in the report up to the
time that member submits his views. Deschler Ch 17 Sec. 64.
Sec. 33 . Filing Reports
Nonprivileged reports are filed by delivering them to the Clerk
for reference to the calendars under the direction of the Speaker.
Manual Sec. 743.
[[Page 269]]
Privileged reports are filed from the floor and referred to the
appropriate calendar by the Speaker. Deschler Ch 17 Sec. 58.
Ordinarily, a committee report on a bill or other measure reported
to the House must accompany the reported measure. Manual Sec. 821.
Permission to file a committee report at other times is sometimes
obtained by unanimous consent. Deschler Ch 17 Sec. 62. Permission to
file a privileged report when the House is not in session may be
obtained by unanimous consent (94-1, Oct. 9, 1975, p 32604) but not by
motion (97-2, Dec. 17, 1982, p 31951).
Unanimous consent has been granted to permit a standing committee:
To file a report after sine die adjournment. 87-2, Oct. 5,
1962, p 22618.
To have until midnight to file a report. Deschler Ch 17
Secs. 62.4-62.6.
To file a report after the House has adjourned on a particular
day. 93-2, Jan. 21, 1974, p 139.
The House may extend the time for a select committee to file a
report pursuant to a simple resolution (94-2, Jan. 29, 1976, pp 1631-
41) or by agreement to a unanimous-consent request (94-2, Aug. 2,
1976, p 25086). An extension of time to file has been given to a joint
committee pursuant to a joint resolution (95-1, Feb. 7, 1977, p 3796)
or to a unanimous-consent request agreed to in each House (86-1, Feb.
26, 1959, p 3049).
Sec. 34 . Calling Up; Time to Report
Privileged and Nonprivileged Reports Distinguished
Certain committee reports may be called up as privileged under the
rules and precedents of the House. If privileged, a report may be
filed from the floor at any time; its consideration is preferential
and does not require a special rule from the Rules Committee. Deschler
Ch 17 Sec. 63. The report may be privileged even though the measure in
question is reported adversely. 6 Hinds Sec. 413; 8 Cannon Sec. 2310;
Deschler Ch 17 Sec. 63.3.
Privileged status is accorded to:
Reports on Presidential vetoes. Deschler Ch 17 Secs. 63.1,
63.2.
Reports on impeachments. Deschler Ch 17 Sec. 63.3.
Reports on questions involving the privileges of the House,
such as reports relating to the refusal of a witness to testify
or produce documents. Deschler Ch 17 Secs. 63.4-63.7.
Reports by those committees specified by the House rules which
are authorized to report at any time on particular matters,
subject to applicable layover requirements. Manual Sec. 726.
[[Page 270]]
Reports which may be reported at any time by specific
authorization of a House resolution. Deschler Ch 17 Sec. 63.10.
Reports on measures which may be reported at any time pursuant
to statute, as in the case of certain resolutions of
disapproval. Deschler Ch 17 Sec. 63.11 (note).
As noted above, certain committees are, by rule of the House,
given leave to report at any time on matters particularized in the
rule. Rule XI clause 4(a). Manual Sec. 726. This privilege to report
at any time does not extend to matters not specified by the rule (4
Hinds Sec. 4622; 8 Cannon Sec. 2286). The committees with leave to
report at any time on specified matters under this rule are shown in
the table below:
Eligible
Matters
Committee and
Measures
Rules Rules,
joint
rules,
and the
order
of
busines
s.
Appropriations General
appropr
iation
bills,
certain
joint
resolut
ions
continu
ing
appropr
iations
, but
not
appropr
iations
for
specifi
c
purpose
s (8
Cannon
Sec. 2
285).
Budget Budget
concurr
ent
resolut
ions
under
the
Congres
sional
Budget
Act of
1974.
House Oversight Enrolled
bills;
electio
n
contest
s;
printin
g;
noncurr
ent
House
records
;
conting
ent
fund
expendi
tures.
Standards of Official Conduct Certain
resolut
ions
recomme
nding
action
with
respect
to a
Member,
officer
, or
employe
e.
The right to report at any time is said to carry with it the right
to consideration at any time (4 Hinds Sec. 3131), subject to
applicable layover requirements (see Sec. 35, infra), provided it is
not in conflict with other rules of the House or with some matter
enjoying a higher privilege in the order of business. 8 Cannon
Sec. 2291. Measures reported under a leave to report at any time yield
to questions of privilege (6 Cannon Sec. 557) and to measures already
given a priority by a special order (4 Hinds Secs. 3175, 3176).
Where a committee has been given the privilege of reporting at any
time with respect to a certain matter, it may report Senate bills as
well as House bills under the privileged status given. Deschler Ch 17
Sec. 63.10.
[[Page 271]]
Nonprivileged reports are made by delivering them to the Clerk.
Manual Sec. 743. Reports privileged under the rules, on the other
hand, must be made from the floor (4 Hinds Sec. 3146; 8 Cannon
Sec. 2230) and lose their privilege when reported by delivery to the
Clerk (unless subsequently reported from the floor). 8 Cannon
Sec. 2233. Reports accorded privileged status for consideration by
statute are excepted from the general rule that privileged reports
must be filed from the floor in order to preserve their privilege.
Deschler Ch 17 Sec. 63.11.
Who May Call Up; Reading
A committee ordinarily authorizes its chairman to submit and call
up its report (4 Hinds Sec. 4669) and he may do so even though he has
not concurred therein (4 Hinds Sec. 4670). But the committee may
authorize other members of the committee to present reports (4 Hinds
Sec. 4669) and under some circumstances minority members of the
committee have been ordered to present the report of the committee. 4
Hinds Secs. 4672, 4673; 8 Cannon Sec. 2315. Reports are not normally
read by the Clerk on the floor. Indeed, the reading of the report is
in order only in the time of debate (5 Hinds Secs. 5292, 5294), and a
report may not be read by a Member in his debate time without leave of
the House (5 Hinds Sec. 5293).
Withdrawal
The chairman of a committee, having made a report to the House in
accordance with instructions from his committee, may not withdraw it
except by consent of the House (4 Hinds Sec. 4690; 8 Cannon
Sec. 2312). And when placed on the calendar, a bill is not subject to
further consideration by the committee reporting it (8 Cannon
Secs. 2218, 2307).
Sec. 35 . ``Layover'' Requirements
With certain exceptions, the House rules require that a committee
report on a measure or matter be available to Members for three
calendar days (excluding Saturdays, Sundays, and legal holidays,
unless in session) before the measure may be considered in the House.
The rule permits consideration of a measure on the third day a report
is available rather than on the fourth day following its availability.
Manual Sec. 715. The three-day rule runs anew from the time of
availability of a supplemental report to correct a technical error in
a previous report. Deschler Ch 17 Sec. 64.1.
[[Page 272]]
Exempt from the three-day layover requirement are:
Reports taking up a question involving the privileges of the
House or affecting the dignity and integrity of its
proceedings. Deschler Ch 17 Sec. 63.16.
Reports from the Committee on Rules on the order of business
(Manual Sec. 715), such reports being subject to a separate
one-day layover requirement. Manual Sec. 729a.
Reports from the Committee on House Oversight on committee
expense resolutions, such reports being subject to a separate
one-day layover requirement. Manual Sec. 732b.
Budget Committee reports on concurrent resolutions on the
budget, which are subject to a five-day availability
requirement and an additional one-day availability requirement
for any Rules Committee report thereon. Congressional Budget
Act of 1974 Sec. 305(a)(1).
Declarations of war or national emergency. Manual Sec. 715.
Resolutions of approval or disapproval and impending actions
or determinations by a government agency (Manual Sec. 715),
such as the Federal Trade Commission. 97-2, May 26, 1982, pp
12027-30.
Points of order against consideration of a bill for failure of the
report thereon to be available for three days may be waived pursuant
to a resolution from the Committee on Rules (95-1, July 29, 1977, p
25653), which waiver may be called up the same day reported from Rules
without a two-thirds vote (Manual Sec. 715).
Sec. 36 . Points of Order Relating to Reports
Generally
A point of order will lie in the House against consideration of a
measure on the ground that the committee report on it does not include
votes on the motion to report or on amendments offered in committee
(Sec. 16, supra) or does not comply with other House rules, such as
the Ramseyer rule (Sec. 31, supra) or the cost-estimate requirement
(Sec. 29, supra). Deschler Ch 17 Sec. 58. Other requirements that
provide a basis for a point of order against a committee report
include provisions relating to:
The availability of the report (Manual Sec. 715).
The quorum to order reported (Manual Sec. 713c).
Oversight findings (Manual Sec. 713e).
Government Reform and Oversight summary Manual Sec. 713e).
Inflationary impact statement (Manual Sec. 713f).
Fiscal ramifications (Manual Sec. 713e).
Statement on cost of federal mandate (Congressional Budget
Act, Sec. 425).
[[Page 273]]
Points of order against consideration for noncompliance with the
rules in the preparation of the report should be made in the House; a
point of order that a committee report is not in proper form does not
lie in the Committee of the Whole. 89-2, July 25, 1966, pp 16840,
16842.
The Chair does not rule on points of order relating to the
sufficiency, insufficiency, or legal effect of committee reports, they
being matters for the House to decide. 4 Hinds Sec. 1339; Deschler Ch
17 Secs. 58.3, 58.4. And a point of order will not lie against a
committee report on the ground that an agency has failed to report to
Congress in accordance with statute. 90-1, July 12, 1967, p 18558.
Points of order as to reports on appropriation bills, see
Appropriations.
Waiving Points of Order
Defects in the reporting of a bill by a standing committee may be
remedied in a proper case by:
Adoption of a special rule from the Committee on Rules waiving
the point of order. Deschler Ch 18 Sec. 58.6.
The granting of unanimous consent for the consideration of a
bill, thereby waiving points of order against it and its
report, if so stated. Deschler Ch 17 Sec. 58.
Consideration of the bill under suspension of the rules.
Deschler Ch 17 Sec. 58.
The House may adopt a special rule waiving points of order against
consideration of a bill for failure of the report thereon:
To include the number of votes cast for and against the motion
to order the bill reported on a roll call vote in committee, in
violation of the applicable House rule (Manual Sec. 713d). 95-
1, Mar. 24, 1977, p 8911.
To be contained in one volume. 95-1, July 29, 1977, p 25653.
To comply with the cost-estimate requirements. Deschler Ch 17
Sec. 61.1; 94-2, June 11, 1976, p 17782.
To contain oversight findings in violation of a House rule.
95-1, June 8, 1977, p 17965.
To comply with the reporting requirements of Sec. 402(a) of
the Budget Act. 94-2, Sept. 29, 1976, p 33564.