[Deschler's Precedents, Volume 4, Chapters 15 - 17]
[Chapter 17. Committees]
[A. Creating and Organizing Committees]
[Â§ 5. Establishing Select Committees; Procedure]
[From the U.S. Government Publishing Office, www.gpo.gov]


[Page 2551-2560]
 
                               CHAPTER 17
 
                               Committees
 
                 A. CREATING AND ORGANIZING COMMITTEES
 
Sec. 5. Establishing Select Committees; Procedure

Privilege of Resolution Creating Select Committee

Sec. 5.1 A House resolution providing for the creation of a select 
    committee is reported and called up as privileged by the Committee 
    on Rules.

    On July 8, 1969,(5) Mr. Ray J. Madden, of Indiana, 
reported, from the Committee on Rules, a resolution (H. Res. 472) 
creating a select committee to be known as the Committee on the House 
Restaurant The resolution was referred to the House Calendar.
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 5. 115 Cong. Rec. 18712, 91st Cong. 1st Sess.
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    Two days later, on July 10, 1969,(6) Speaker John W. 
McCormack, of Massachusetts, recognized Mr. Madden who proceeded to 
make the following statement:
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 6. Id. at p. 19080.
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        Mr. Speaker, by direction of the Committee on Rules, I call up 
    House Resolution 472 and ask for its immediate consideration.

    The resolution was then read by the Clerk, as follows:

        Resolved, That (a) there is hereby created a select committee 
    to be known as the ``Committee on the House Restaurant,'' which 
    shall be composed of five Members of the House of Representatives 
    to be appointed by the Speaker, not more than three of whom shall 
    be of the majority party, and one of whom shall be designated as 
    chairman. Any vacancy occurring in the membership of the committee 
    shall be filled in the same manner in which the original 
    appointment was made.
        (b) On and after July 15, 1969, until otherwise ordered by the 
    House, the

[[Page 2552]]

    Architect of the Capitol shall perform the duties vested in him by 
    section 208 of Public Law 812, 76th Congress (40 U.S.C. 174k) under 
    the direction of the select committee herein created.

    Parliamentarian's Note: The Committee on Rules may report at any 
time ``on rules, joint rules, and order of business.'' (7) 
And, it is always in order to call up for consideration a report from 
that committee (8) providing the report is not called up for 
consideration on the same day it is presented to the House [unless so 
determined by a vote of not less than two-thirds of the Members 
voting].(9) A resolution creating a select committee is 
deemed to be the equivalent of a new rule. Hence, the privileged status 
which attaches to such a measure when reported out by the Committee on 
Rules.
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 7. Rule XI clause 22, House Rules and Manual Sec.  726 (1973).
 8. See Rule XI clause 23, House Rules and Manual Sec.  729 (1973).
 9. This proviso, itself, does not apply during the last three days of 
        a session.
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Elements of Typical Resolution

Sec. 5.2 The House adopted a resolution establishing a select committee 
    to investigate government research programs, providing for 
    appointment of a chairman and members by the Speaker, and 
    specifying the powers and jurisdiction of the committee.

    On Sept. 11, 1963,(10) Speaker John W. McCormack, of 
Massachusetts, recognized Mr. Carl A. Elliott, of Alabama, who, by 
direction of the Committee on Rules, called up House Resolution 504 and 
asked for its immediate consideration.
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10. 109 Cong. Rec. 16744, 88th Cong. 1st Sess.
            See Guidelines for the Establishment of Select Committees, 
        Subcommittee on the Rules and Organization of the House, 
        Committee on Rules, Committee Print, 95th Cong. 1st Sess., Oct. 
        31, 1977.
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    The resolution was then read by the Clerk, as follows:

        Resolved, That there is hereby created a select committee to be 
    composed of nine Members of the House of Representatives to be 
    appointed by the Speaker, one of whom he shall designate as 
    chairman. Any vacancy occurring in the membership of the committee 
    shall be filled in the manner in which the original appointment was 
    made.
        The said committee is directed to make a complete, full, and 
    thorough investigation of the numerous research programs being 
    conducted by sundry departments and agencies of the Federal 
    Government and, without limiting the generality of the foregoing, 
    the committee shall give special attention to the following: (1) 
    the overall total amount of annual expenditures on re

[[Page 2553]]

    search programs; (2) what departments and agencies of the 
    Government are conducting research and at what costs; (3) the 
    amounts being expended by the various agencies and departments in 
    grants and contracts for research to colleges, private industry, 
    and every form of student scholarships; (4) what facilities, if 
    any, exist for coordinating the various and sundry research 
    programs, including grants to colleges and universities as well as 
    scholarship grants.
        In order that this investigation of the numerous research 
    programs may be better coordinated, without limiting the scope of 
    the said committee's investigation, it is directed, among other 
    investigative procedures, to make use of information currently 
    available in the various committees of Congress which have 
    legislative jurisdiction over Government research activities to the 
    end that the said select committee may be able to recommend the 
    necessary legislation to coordinate and prevent unjustifiable 
    duplication in the numerous projects and activities of the 
    Government relating to scientific research.

        The committee shall report its findings to the House with such 
    recommended legislation as the committee may deem appropriate to 
    correct any deficiencies. The committee shall make such reports to 
    the House prior to December 1, 1964, and may submit such interim 
    reports as it deems advisable. Any reports submitted when the House 
    is not in session may be filed with the Clerk of the House.
        For the purposes of this resolution the committee, or any 
    subcommittee thereof, is authorized to sit and act during the 
    present Congress at such times and places within the United States, 
    whether or not the House has recessed or adjourned, to hold such 
    hearings, to require the attendance of such witnesses and the 
    production of such books, papers, and documents, and to take such 
    testimony as the committee deems necessary. Subpenas may be issued 
    under the signature of the chairman of the committee or any 
    properly designated chairman of a subcommittee, or any member 
    designated by him and may be served by any person designated by 
    such chairman or member. The chairman of the committee or any 
    member thereof may administer oaths to Witnesses.
        The majority of the members of the committee shall constitute a 
    quorum for the transaction of business, except two or more shall 
    constitute a quorum for the purpose of taking of evidence including 
    sworn testimony.

    Shortly thereafter, the previous question was ordered, and the 
Speaker put the question on the resolution. There were--yeas 336, nays 
0. Accordingly, the resolution was agreed to.(11)
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11. Id. at p. 16754. See also Sec. 13.9, infra.
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Creating Select Committee Under Authority of Standing Committee

Sec. 5.3 The Committee on Rules reported a resolution creating a Select 
    Committee on the House Restaurant, placing that committee under the 
    authority of the Committee

[[Page 2554]]

    on House Administration and transferring jurisdiction and control 
    over all food service facilities in the House from the Architect of 
    the Capitol to the Committee on House Administration.

    On Mar. 25, 1971,(12) by direction of the Committee on 
Rules, Mr. Richard Bolling, of Missouri, called up and asked for the 
immediate consideration of the following resolution (H. Res. 317):
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12. 117 Cong. Rec. 7961, 92d Cong. 1st Sess.
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        Resolved, That (a) there is hereby created, as of January 3, 
    1971, a select committee to be known as the Select Committee on the 
    House Restaurant, which shall be composed of five Members of the 
    House of Representatives to be appointed by the Speaker, not more 
    than three of whom shall be of the majority party, and one of whom 
    shall be designated as chairman. Any vacancy occurring in the 
    membership of the committee shall be filled in the same manner in 
    which the original appointment was made.
        (b) In the Ninety-second Congress, the select committee shall 
    exercise direction and supervision over the immediate management 
    and operation of the House Restaurant and the cafeteria and other 
    food service facilities of the House of Representatives, subject to 
    the authority of the Committee on House Administration as provided 
    in section 2 of this resolution.
        Sec. 2. (a) Notwithstanding any other authority with respect to 
    the jurisdiction and control over the management of the House 
    Restaurant and the cafeteria and other food service facilities of 
    the House of Representatives, the jurisdiction over such restaurant 
    and facilities and authority over the direction and supervision of 
    the immediate management and operation thereof shall be vested in 
    the Committee on House Administration; and the immediate management 
    and operation of such restaurant and facilities may be vested in 
    such official or other authority, acting as the agent of the 
    committee, as the committee may designate; and the official or 
    authority so designated shall perform the duties vested in the 
    Architect of the Capitol by section 208 of the First Supplemental 
    Civil Functions Appropriation Act, 1941 (54 Stat. 1056; Public, No. 
    812, Seventy Sixth Congress; 40 U.S.C. 174k).
        (b) The Architect of the Capitol is hereby authorized and 
    directed to transfer, as the Committee on House Administration 
    directs, all accounts, records, supplies, equipment, and assets of 
    the House Restaurant and the cafeteria and other food service 
    facilities of the House which are in the possession or under the 
    control of the Architect of the Capitol in order that all such 
    items may be available for the maintenance and operation of the 
    House Restaurant under the authority of, and as directed by, the 
    Committee on House Administration.
        (c) All authority, responsibility, and functions vested in or 
    imposed upon the Architect of the Capitol in connection with the 
    special deposit account established by section 208 of the First 
    Supplemental Civil Functions Appropriation Act, 1941 (40 U.S.C. 
    174k),

[[Page 2555]]

    shall be vested in or imposed upon such other official, authority, 
    or authorities as the Committee on House Administration may 
    designate.
        (d) The provisions of this section shall become effective on 
    the first day of the first calendar month beginning after the date 
    of adoption of this resolution, until otherwise provided by law.

    Shortly thereafter,(13) the resolution was agreed to.
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13. Id. at p. 7962.
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Use of Contingent Fund for Committee Expenses; Privilege of Authorizing 
    Resolution

Sec. 5.4 A resolution providing funds for a select committee out of the 
    contingent fund of the House, reported from the Committee on House 
    Administration, is both reported and called up as privileged under 
    the rules.

    On Aug. 6, 1969,(14) by direction of the Committee on 
House Administration, Wayne L. Hays, of Ohio, Chairman of that 
committee, submitted a privileged report (H. Rept. No. 91-428) on House 
Resolution 508 and asked for its immediate consideration.
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14. 115 Cong. Rec. 22546, 91st Cong. 1st Sess.
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    The resolution read as follows:

        Resolved, That effective July 10, 1969, in carrying out its 
    duties, the select committee created by House Resolution 472 is 
    authorized to incur such expenses not to exceed $40,000, as it 
    deems advisable. Such expenses shall be paid out of the contingent 
    fund of the House on vouchers authorized and approved by such 
    committee, signed by the chairman thereof, and approved by the 
    Committee on House Administration.
        Sec. 2. Funds authorized by this resolution shall be expended 
    pursuant to regulations established by the Committee on House 
    Administration under existing law.

    Its privileged status was derived from the rules (15) 
which, in pertinent part, provides that:
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15. Rule XI clause 22, House Rules and Manual Sec. Sec. 726, 727 
        (1973).
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        The following-named committees shall have leave to report at 
    any time on the matters herein stated, namely: . . . the Committee 
    on House Administration . . . on all matters of expenditure of the 
    contingent fund of the House.

Establishing Select Committee of Limited Duration

Sec. 5.5 By adoption of a privileged resolution reported from the 
    Committee on Rules, the House created a Select Committee on Crime 
    and required the final report of the select committee to be filed 
    no later than June 30, 1973, on which date the committee would 
    ``cease to exist,''

[[Page 2556]]

    with all records to be transferred to the Committee on the 
    Judiciary.

    On Feb. 28, 1973,(16) Speaker pro tempore Charles M. 
Price, of Illinois, recognized Mr. Richard Bolling, of Missouri, who 
proceeded to call up House Resolution 256 by direction of the Committee 
on Rules for its immediate consideration.
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16. 119 Cong. Rec. 5920, 93d Cong. 1st Sess.
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    The resolution read as follows:(1)
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 1. Id. at pp. 5920, 5921.
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        Resolved, That effective January 3, 1973, and until June 30, 
    1973, there is hereby created a select committee to be composed of 
    eleven Members of the House of Representatives to be appointed by 
    the Speaker, one of whom he shall designate as chairman. Any 
    vacancy occurring in the membership of the select committee shall 
    be filled in the same manner in which the original appointment was 
    made.
        Sec. 2. The select committee is authorized and directed to 
    conduct a full and complete investigation and study of all aspects 
    of crime affecting the United States, including, but not limited 
    to, (1) its elements, causes, and extent; (2) the preparation, 
    collection, and dissemination of statistics and data; (3) the 
    sharing of information, statistics, and data among law enforcement 
    agencies, Federal, State, and local, including the exchange of 
    information, statistics, and data with foreign nations; (4) the 
    adequacy of law enforcement and the administration of justice, 
    including constitutional issues and problems pertaining thereto; 
    (5) the effect of crime and disturbances in the metropolitan urban 
    areas; (6) the effect, directly or indirectly, of crime on the 
    commerce of the Nation; (7) the treatment and rehabilitation of 
    persons convicted of crime; (8) measures relating to the reduction, 
    control, or prevention of crime; (9) measures relating to the 
    improvement of (A) investigation and detection of crime, (B) law 
    enforcement techniques, including, but not limited to, increased 
    cooperation among the law enforcement agencies, and (C) the 
    effective administration of justice; and (10) measures and programs 
    for increased respect for the law and constituted authority.
        Sec. 3. For the purpose of making such investigations and 
    studies, the committee or any subcommittee thereof is authorized to 
    sit and act, subject to clause 31 of rule XI of the Rules of the 
    House of Representatives, during the present Congress at such times 
    and places within the United States, including any Commonwealth or 
    possession thereof, whether the House is meeting, has recessed, or 
    has adjourned, and to hold such hearings and require, by subpena or 
    otherwise, the attendance and testimony of such witnesses and the 
    production of such books, records, correspondence, memorandums, 
    papers, and documents, as it deems necessary. Subpenas may be 
    issued over the signature of the chairman of the committee or any 
    member designated by him and may be served by any person designated 
    by such chairman or member.
        Sec. 4. The select committee shall report to the House as soon 
    as possible with respect to the results of its inves

[[Page 2557]]

    tigations, hearings, and studies, together with such 
    recommendations as it deems advisable and shall submit its final 
    report not later than June 30, 1973. Any such report or reports 
    which are made when the House is not in session shall be filed with 
    the Clerk of the House. The select committee shall cease to exist 
    on June 30, 1973, and its records, files, and all current material 
    in its possession shall be transferred to the Committee on the 
    Judiciary.

    The proposed creation of the select committee was, in fact, more in 
the nature of a ``reconstitution'', since a similar committee had been 
in existence since 1969.(2) Mr. Bolling described the 
resolution's origins in his initial remarks, when he stated:
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 2. See Sec. 6.2, infra.
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        Mr. Speaker, this resolution extending the Select Committee on 
    Crime until the 30th of June is a compromise. It was a compromise 
    arrived at with very considerable difficulty. A number of people 
    wanted the committee to continue for the full period of this 
    Congress, and a number of people wanted the committee to terminate 
    on the first day of this Congress. The view of the committee's 
    effectiveness was mixed, but I think everyone will agree that 
    during its life it has accomplished something. There are critics of 
    a variety of types, and there are supporters of all kinds, and the 
    compromise included more than the date when that committee would 
    cease to function. It included the understanding of those who were 
    parties to that compromise that the Committee on the Judiciary 
    would give special attention to the functions undertaken by this 
    select committee, and make a judgment which would result in some of 
    those functions at least being prosecuted in some fashion by the 
    Committee on the Judiciary. That is, not only is the Crime 
    Committee phased out, but there are commitments that some of its 
    functions will be undertaken by the Committee on the Judiciary, 
    which felt that it should have the responsibility for this work.

    A brief discussion ensued after which the Chair put the question on 
the resolution,(3) it was taken; and, the Speaker pro 
tempore announced that the ayes appeared to have it. Mr. H. R. Gross, 
of Iowa, then made a point of no quorum which culminated in an 
automatic roll call. The vote then being taken by electronic device, 
there were--yeas 317, nays 75, answered ``present'' 2. Accordingly, the 
resolution was agreed to.(4)
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3. 119 Cong. Rec. 5924, 93d Cong. 1st Sess.
 4. Id. at p. 5925.
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Authorizing lnvestigation With Clerk

Sec. 5.6 The House agreed to a privileged resolution, reported from the 
    Committee on Rules, establishing a select committee to investigate 
    and report on campaign expenditures and practices by

[[Page 2558]]

    candidates for the House, and authorizing the select committee and 
    the Clerk of the House to jointly investigate alleged violations of 
    the Federal Election Campaign Act of 1971 (utilizing the 
    committee's subpena power).

    On Feb. 28, 1972,(5) by direction of the Committee on 
Rules, Mr. Thomas P. O'Neill, Jr., of Massachusetts, called up for 
immediate consideration the following resolution (H. Res. 819):
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 5. 118 Cong. Rec. 5717, 92d Cong. 2d Sess.
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        Resolved, That a special committee of five Members be appointed 
    by the Speaker of the House of Representatives to investigate and 
    report to the House not later than January 11, 1973, with respect 
    to the following matters:

        (1) The extent and nature of expenditures made by all 
    candidates for the House of Representatives in connection with 
    their campaign for nomination and election to such office.
        (2) The amount subscribed, contributed, or expended, and the 
    value of services rendered, and facilities made available 
    (including personal services, use of advertising space, radio and 
    television time, communications media, office space, moving picture 
    films, and automobile and any other transportation facilities) by 
    any individual, individuals, or group of individuals, committee, 
    partnership, corporation, or labor union, to or on behalf of each 
    such candidate in connection with any such campaign or for the 
    purpose of influencing the votes cast or to be cast at any 
    convention or election held in 1972 to which a candidate for the 
    House of Representatives is to be nominated or elected.
        (3) The use of any other means or influence (including the 
    promise or use of patronage) for the purpose of aiding or 
    influencing the nomination or election of any such candidates.
        (4) The amounts, if any, raised, contributed, and expended by 
    an individual, individuals, or group of individuals, committee, 
    partnership, corporation, or labor union, including any political 
    committee thereof, in connection with any such election, and the 
    amounts received by any political committee from any corporation, 
    labor union, individual, individuals, or group of individuals, 
    committee, or partnership.
        (5) The violations, if any, of the following statutes of the 
    United States:
        (a) The Federal Election Campaign Act of 1971.
        (b) The Act of August 2, 1939, as amended, relating to 
    pernicious political activities, commonly referred to as the Hatch 
    Act.
        (c) The provisions of section 304, chapter 120, Public Law 101, 
    Eightieth Congress, first session, referred to as the Labor-
    Management Relations Act, 1947.
        (d) Any statute or legislative Act of the United States or of 
    the State within which a candidate is seeking nomination or 
    reelection to the House of Representatives, the violation of which 
    Federal or State statute, or statutes,

[[Page 2559]]

    would affect the qualification of a Member of the House of 
    Representatives within the meaning of article I, section 5 of the 
    Constitution of the United States.
        (6) Such other matters relating to the election of Members of 
    the House of Representatives in 1972, and the campaigns of 
    candidates in connection therewith, as the committee deems to be of 
    public interest, and which, in its opinion, will aid the House of 
    Representatives in enacting remedial legislation, or in deciding 
    contests that may be instituted involving the right to a seat in 
    the House of Representatives.
        (7) The committee is authorized to act upon its own motion and 
    upon such information as in its judgment may be reasonable or 
    reliable. Upon complaint being made to the committee under oath, by 
    any person, candidate, or political committee, setting forth 
    allegations as to facts which, under this resolution, it would be 
    the duty of said committee to investigate, the committee shall 
    investigate such charges as fully as though it were acting upon its 
    own motion, unless, after a hearing upon such complaint, the 
    committee shall find that the allegations in such complaint are 
    immaterial or untrue. All hearings before the committee, and before 
    any duly authorized subcommittee thereof, shall be public, and all 
    orders and decisions of the committee, and of any such 
    subcommittee, shall be public.
        (8) The Clerk of the House of Representatives is authorized and 
    directed when carrying out assigned responsibilities under the 
    Federal Election Campaign Act of 1971 that prior to taking 
    enforcement action thereunder, to initiate a request for 
    consultation with and advice from the committee, whenever, at his 
    discretion, election campaign matters arise that are included 
    within sections (1) through (6) above and may affect the interests 
    of the House of Representatives.
        (9) The committee is authorized and directed to consult with, 
    advise, and act in a timely manner upon specific requests of the 
    Clerk of the House of Representatives either when he is so acting 
    on his own motion or upon a written complaint made to the Clerk of 
    the House under oath setting forth allegations of fact under the 
    Federal Election Campaign Act of 1971. The committee or a duly 
    authorized subcommittee thereof when acting upon the requests of 
    the Clerk shall consult with him; shall act jointly with him; and 
    shall jointly investigate such charges as though it were acting on 
    its own motion, unless, after a hearing upon such complaint, the 
    committee or a duly authorized subcommittee thereof shall find the 
    allegations in such complaint are immaterial or untrue. 
    Consultation with the committee or a duly authorized subcommittee 
    thereof may be either in executive or in public sessions, but all 
    hearings before the committee when acting jointly, shall be public, 
    and all orders and decisions and advice given to the Clerk of the 
    House of Representatives by the committee or a duly authorized 
    subcommittee thereof shall be public.
        For the purpose of this resolution, the committee or any duly 
    authorized subcommittee thereof, is authorized to hold such public 
    hearings, to sit and act at such times and places during the 
    sessions, recesses, and adjourned periods of the Ninety-second 
    Congress, to employ such attorneys, experts, cler

[[Page 2560]]

    ical, and other assistants, to require by subpena or otherwise the 
    attendance of such witnesses and the production of such 
    correspondence, books, papers, and documents, to administer such 
    oaths, and to take such testimony as it deems advisable. Subpenas 
    may be issued under the signature of the chairman of the committee 
    or any subcommittee, or by any member designated by such chairman, 
    and may be served by any person designated by any such chairman or 
    member.
        (10) The committee is authorized and directed when acting on 
    its own motion or upon a complaint made to the committee, to report 
    promptly any and all violations of any Federal or State statutes in 
    connection with the matters and things mentioned herein to the 
    Attorney General of the United States in order that he may take 
    such official action as may be proper. The committee or a duly 
    authorized subcommittee thereof is authorized and directed when 
    acting upon the specific request of the Clerk of the House to 
    render advice promptly in order to give the Clerk of the House of 
    Representatives the prior benefits of its advice and in order that 
    he may then take such official action under the Federal Election 
    Campaign Act of 1971 as the Clerk of the House of Representatives 
    deems to be proper.
        (11) Every person who, having been summoned as a witness by 
    authority of said committee or any subcommittee thereof, willfully 
    makes default, or who having appeared, refuses to answer any 
    question pertinent to the investigation heretofore authorized, 
    shall be held to the penalties prescribed by law.
        That said committee is authorized and directed to file interim 
    reports whenever in the judgment of the majority of the committee, 
    or of the subcommittee conducting portions of said investigation, 
    the public interest will be best served by the filing of said 
    interim reports, and in no event shall the final report of said 
    committee be filed later than January 11, 1973, as hereinabove 
    provided.

    Shortly thereafter,(6) the resolution was agreed 
to.(7)
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 6. Id. at p. 5718.
 7. See Ch. 8, supra, for more information on campaign expenditure 
        committees. See also Sec. 6.1, infra.
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    Parliamentarian's Note: Select committees to investigate campaign 
expenditures are no longer established, since the Committee on House 
Administration with jurisdiction over campaign expenditures, now has 
standing investigatory authority and subpena power, as do all other 
standing committees (see Ch. 8, Sec. 14, supra).
    In the 93d Congress, the House granted the Committee on House 
Administration subpena power to investigate election practices, thereby 
enabling that standing committee to assume the functions of the select 
committee (H. Res. 737, 93d Cong. 2d Sess.).