[Deschler's Precedents, Volume 4, Chapters 15 - 17]
[Chapter 17. Committees]
[D. Jurisdiction of Committees]
[Â§ 38. Committee on Government Operations]
[From the U.S. Government Publishing Office, www.gpo.gov]


[Page 2885-2893]
 
                               CHAPTER 17
 
                               Committees
 
                         C. COMMITTEE PROCEDURE
 
Sec. 38. Committee on Government Operations

    The Committee on Government Operations came into being on July 3, 
1952,(12) when the Committee on Expenditures in the 
Executive Departments was renamed. The latter had become a standing 
committee, itself, in 1927,(13) at which time it assumed
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12. 98 Cong. Rec. 9217, 82d Cong. 2d Sess.
13. 69 Cong. Rec. 11, 70th Cong. 1st Sess., Dec. 5, 1927.
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[[Page 2886]]

the jurisdiction of the Committee on Public Buildings as well as the 
jurisdiction of nine separate committees (14) on 
expenditures in the Departments of Agriculture, Commerce and Labor, 
Interior, Justice, Navy, Post Office, State, Treasury, and War.
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14. See 4 Hinds' Precedents Sec. 4315.
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    In 1973, the committee maintained seven subcommittees. In 
alphabetical order, these were the Subcommittees on Conservation and 
Natural Resources, Foreign Operations and Government Information, 
Government Activities, Intergovernmental Relations, Legal and Monetary 
Affairs, Legislation and Military Operations, and Special Studies.
    The jurisdiction of the Committee on Government Operations pursuant 
to the 1973 rules (15) read as follows:
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15. Rule XI clause 8, House Rules and Manual Sec. 691 (1973). See also 
        Rule X clause 1(i), House Rules and Manual Sec. 678 (1979).
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        (a) Budget and accounting measures, other than appropriations.
        (b) Reorganizations in the executive branch of the Government.
        (c) Such committee shall have the duty of--
        (1) receiving and examining reports of the Comptroller General 
    of the United States and of submitting such recommendations to the 
    House as it deems necessary or desirable in connection with the 
    subject matter of such reports;
        (2) studying the operation of Government activities at all 
    levels with a view to determining its economy and efficiency;
        (3) evaluating the effects of laws enacted to reorganize the 
    legislative and executive branches of the Government;
        (4) studying intergovernmental relationships between the United 
    States and the States and municipalities, and between the United 
    States and international organizations of which the United States 
    is a member.
        (d) For the purpose of performing such duties the committee, or 
    any subcommittee thereof when authorized by the committee, is 
    authorized to sit, hold hearings, and act at such times and places 
    within the United States, whether or not the House is in session, 
    is in recess, or has adjourned, to require by subpena or otherwise 
    the attendance of such witnesses and the production of such papers, 
    documents, and books, and to take such testimony as it deems 
    necessary. Subpenas may be issued under the signature of the 
    chairman of the committee or of any subcommittee, or by any member 
    designated by any such chairman, and may be served by any person 
    designated by any such chairman or member.

    As the precedents reveal, the jurisdiction of the committee and of 
its predecessor, has also extended to such subjects as conserving 
public lands and natural resources through the coordination of 
executive agencies,(16) eliminating the
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16. Sec. 38.4, infra.
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[[Page 2887]]

necessity of surety bonds for certain federal 
employees,(~17) establishing a commission to study 
population trends and their resultant influence on government and the 
economy,(18) and amending certain laws relating to 
government records.(19)
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17. Sec. 38.1, infra.
18. Sec. 38.2, infra.
19. Sec. 38.6, infra.
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    With respect to oversight responsibilities, the jurisdiction of the 
Committee on Government Operations may be said to overlap with that of 
most other standing committees. Such overlapping jurisdiction 
necessarily arises from the broad oversight functions assigned to the 
committee by the rules. In addition to giving each standing committee 
(with certain exceptions) general oversight responsibilities as to the 
application and operation of laws within its jurisdiction, Rule X 
clause 2(b) [House Rules and Manual Sec. Sec. 692(a) and (b) (1979)] 
states that, ``The Committee on Government Operations shall review and 
study, on a continuing basis, the operation of Government activities at 
all levels with a view to determining their economy and efficiency.'' 
Furthermore, Rule X clause 4(c)(2) [House Rules and Manual Sec. 696 
(1979)] states:

        In addition to its duties under subparagraph (1), the Committee 
    on Government Operations may at any time conduct investigations of 
    any matter without regard to the provisions of clause 1, 2, or 3 
    (or this clause) conferring jurisdiction over such matter upon 
    another standing committee. The committee's findings and 
    recommendations in any such investigation shall be made available 
    to the other standing committee or committees having jurisdiction 
    over the matter involved (and included in the report of any such 
    other committee when required by clause 2(1)(3) of Rule XI).

    The Committee Reform Amendments of 1974 added the following subject 
areas to the jurisdiction of the Committee on Government Operations: 
the overall economy and efficiency of government operations and 
activities, including federal procurement; intergovernmental 
relationships between the United States and municipalities, and general 
revenue sharing; and the national archives.(20) The 
Committee Reform Amendments also eliminated the specific conferral of 
subpena authority contained in clause 8(d) of Rule XI in 1973 and made 
the committee subject to the general conferral of subpena authority on 
all committees contained in Rule XI clause 2(m) and provided additional 
functions for the committee [Rule X clause 2(c), House Rules and Man
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20. H. Res. 988, 120 Cong. Rec. 3444-770, 93d Cong. 2d Sess., Oct. 
        8,1974, effective Jan. 3, 1975.
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[[Page 2888]]

ual Sec. 692(c) (1979); Rule X clause 4(c), House Rules and Manual 
Sec. 696 (1979)]:

        2(c) At the beginning of each Congress, an appropriate 
    representative of the Committee on Government Operations shall meet 
    with appropriate representatives of each of the other committees of 
    the House to discuss the oversight plans of such committees and to 
    assist in coordinating all of the oversight activities of the House 
    during such Congress. Within 60 days after the Congress convenes, 
    the Committee on Government Operations shall report to the House 
    the results of such meetings and discussions, and any 
    recommendations which it may have to assure the most effective 
    coordination of such activities and otherwise achieve the 
    objectives of this clause.
        4(c)(1) The Committee on Government Operations shall have the 
    general function of--

            (A) receiving and examining reports of the Comptroller 
        General of the United States and of submitting such 
        recommendations to the House as it deems necessary or desirable 
        in connection with the subject matter of such reports;
            (B) evaluating the effects of laws enacted to reorganize 
        the legislative and executive branches of the Government; and
            (C) studying intergovernmental relationships between the 
        United States and the States and municipalities, and between 
        the United States and international organizations of which the 
        United States is a member.

        (2) In addition to its duties under subparagraph (1), the 
    Committee on Government Operations may at any time conduct 
    investigations of any matter without regard to the provisions of 
    clause 1, 2, or 3 (or this clause) conferring jurisdiction over 
    such matter upon another standing committee. The committee's 
    findings and recommendations in any such investigation shall be 
    made available to the other standing committee or committees having 
    jurisdiction over the matter involved (and included in the report 
    of any such other committee when required by clause 2(1) (3) of 
    Rule XI).                          -------------------

Creating Boards, Committees, and Commissions in the Executive Branch

Sec. 38.1 The Committee on Expenditures in the Executive Departments 
    (now the Committee on Government Operations) and not the Committee 
    on Post Office and Civil Service had jurisdiction of a bill to 
    establish and maintain a fidelity trust fund and a Federal Surety 
    Board to operate a procedure in lieu of surety bonds for all 
    federal employees required by law or regulation to furnish such 
    bonds.

    On Apr. 3, 1950,(2~1) Thomas J. Murray, of Tennessee, 
Chairman of the Committee on Post Office and Civil Service, obtained 
unanimous consent to have his com

[[Page 2889]]

mittee discharged from further consideration of the bill (H.R. 7913), 
and to have it rereferred to the Committee on Expenditures in the 
Executive Departments [now the Committee on Government Operations].
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21. 96 Cong. Rec. 4608, 81st Cong. 2d Sess.
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Sec. 38.2 The Committee on Government Operations, and not the Committee 
    on Ways and Means, has jurisdiction of measures establishing a 
    Commission on Population Growth to study population trends and 
    their influences on government and the economy.

    On Sept. 23, 1969,(22) Wilbur D. Mills, of Arkansas, 
Chairman of the Committee on Ways and Means, obtained unanimous consent 
to have the bills (H.R. 9586, H.R. 10515, H.R. 13337, H.R. 13523), and 
a communication (Exec. Comm. No. 1000) from the executive branch 
outlining similar proposals, rereferred from the Committee on Ways and 
Means to the Committee on Government Operations.
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22. 115 Cong. Rec. 26568, 91st Cong. 1st Sess.
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Sec. 38.3 The Committee on Government Operations and not the Committee 
    on Foreign Affairs, considered and reported a bill to establish a 
    Cabinet Committee on Opportunities for Spanish-Speaking People.

    On Nov. 24, 1969,(23~) Thomas E. Morgan, of 
Pennsylvania, Chairman of the Committee on Foreign Affairs, obtained 
unanimous consent to have his committee discharged from further 
consideration of a bill (S. 740) to establish a Cabinet Committee on 
Opportunities for Spanish-Speaking People, and for other purposes, and 
to have it rereferred to the Committee on Government Operations. Mr. 
Morgan additionally obtained unanimous consent to effect a similar 
rereferral of numerous House bills and executive communications to 
establish an Interagency Committee on Mexican-American Affairs, and for 
other purposes.
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23. 115 Cong. Rec. 35509, 91st Cong. 1st Sess.
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    Parliamentarian's Note: When S. 740 was reported by the Senate's 
Committee on Government Operations,(24~) it was entitled, 
``A bill to establish the Interagency Committee on Mexican-American 
Affairs, and for other purposes.'' As amended and passed by the 
Senate,(25~) S. 740 became ``A bill
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24. 115 Cong. Rec. 26684, 91st Cong. 1st Sess., Sept. 23, 1969.
25. 115 Cong. Rec. 27121, 91st Cong. 1st Sess., Sept. 25, 1969.
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[[Page 2890]]

to establish the Cabinet Committee on Opportunities for Spanish-
Speaking People, and for other purposes.'' Thus, the simultaneous 
rereferrals in the House of the companion bills (i.e., to establish an 
Interagency Committee on Mexican-American Affairs) were appropriate.

    When the House ``Interagency'' bills were initially introduced in 
the 91st Congress, the problem of committee jurisdiction was 
recognized. Consideration was given to both the Committee on Education 
and Labor and the Committee on Foreign Affairs inasmuch as all the 
bills dealt with the special problems of Spanish-speaking Americans and 
yet each measure, as drafted, could have applied to non-Americans of 
Mexican or other Spanish descent who were temporarily in this country 
(such as Mexican migrant workers) .
    Since S. 740, as amended by the Senate committee and passed by the 
Senate, sought to create a cabinet level committee on the problems of 
Spanish-Americans, the possibility of House consideration by the 
Committee on Government Operations became apparent in light of that 
committee's jurisdiction over ``reorganization in the executive branch 
of the Government.'' (26)
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26. See Rule XI clause 8(b), House Rules and Manual Sec. 691 (1973).
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    On Dec. 4, 1969,(27) the Committee on Government 
Operations reported S. 740 with amendments (H. Rept. No. 91-699), and 
the Speaker referred the bill to the Union Calendar.
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27. 115 Cong. Rec. 36941, 91st Cong. 1st Sess.
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Executive Agencies' Coordination

Sec. 38.4 The Committee on Expenditures in the Executive Departments 
    (now the Committee on Government Operations) and not the Committee 
    on Public Lands (now the Committee on Interior and Insular Affairs) 
    had jurisdiction of a bill to facilitate the conservation of public 
    lands and other natural resources by coordinating the executive 
    agencies of the government exercising functions in connection 
    therewith.

    On Feb. 18, 1936,(28) Mr. John J. Cochran, of Missouri, 
obtained unanimous consent to have the bill (H.R. 11046) referred to 
the Committee on Expenditures (now the Committee on Government 
Operations). The measure had been originally referred (29) 
to the
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28. 80 Cong. Rec. 2337, 74th Cong. 2d Sess.
29. 80 Cong. Rec. 1760, 74th Cong. 2d Sess., Feb. 10, 1936.
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[[Page 2891]]

Committee on Public Lands (now the Committee on Interior and Insular 
Affairs). In so doing, Mr. Cochran noted that he had discussed the 
matter with the Parliamentarian, the Chairman of the Committee on 
Public Lands, as well as the author of the bill, Mr. J. W. Robinson, of 
Utah, and it was ``agreeable that this be done.(30)
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30. 80 Cong. Rec. 2337, 74th Cong. 2d Sess., Feb. 18, 1936.
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Executive Agency Reorganization

Sec. 38.5 The Committee on Government Operations, and not the Committee 
    on Agriculture, has jurisdiction of bills establishing the Rural 
    Electrification Administration as an independent agency and 
    restoring to the agency those functions transferred to the 
    Secretary of Agriculture under Reorganization Plan No. 2 of 1953.

    On Mar. 19, 1959,(31) Mr. John W. McCormack, of 
Massachusetts, obtained unanimous consent to have the bills (H.R. 4147, 
H.R. 5746), rereferred from the Committee on Agriculture to the 
Committee on Government Operations.
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31. 105 Cong. Rec. 4692, 86th Cong. 1st Sess.
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Government Records and Archives

Sec. 38.6 The Committee on Expenditures in the Executive Departments 
    (now the Committee on Government Operations) and not the Committee 
    on House Administration had jurisdiction of an executive 
    communication proposing a bill to amend or repeal a multiplicity of 
    laws relating to government records including laws related to 
    recordkeeping requirements of various governmental agencies and 
    functions.

    On July 9, 1951,(1) Mr. Thomas B. Stanley, of Virginia, 
obtained unanimous consent to have the Committee on House 
Administration discharged from further consideration of a communication 
(Exec. Comm. No. 568), from the Administrator of the General Services 
Administration transmitting a proposed bill and to have the 
communication referred to the Committee on Expenditures in the 
Executive Departments (now the
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 1. 97 Cong. Rec. 7829, 82d Cong. 1st Sess.
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[[Page 2892]]

Committee on Government Operations).

Land Used for Federal Purposes; Intergovernmental Relationships with 
    States

Sec. 38.7 The Committee on Government Operations and not the Committee 
    on Public Works has jurisdiction of a bill to provide for the 
    adjustment of the legislative jurisdiction exercised by the United 
    States over land in several states used for federal purposes.

    On Mar. 10, 1958,(2) Mr. George H. Fallon, of Maryland, 
a member of the Committee on Public Works, obtained unanimous consent 
to have that committee discharged from further consideration of S. 
1538, and to have it rereferred to the Committee on Government 
Operations.
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 2. 104 Cong. Rec. 3785, 85th Cong. 2d Sess.
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Effect of Death or Incapacity of Military Disbursing Officer

Sec. 38.8 The Committee on Government Operations and not the Committee 
    on Armed Services has jurisdiction of bills to provide for the 
    orderly transaction of the public business in the event of the 
    death, incapacity, or separation from office of a disbursing 
    officer of the military departments.

    On July 9, 1953,(3) Clare E. Hoffman, of Michigan, 
Chairman of the Committee on Government Operations, obtained unanimous 
consent that the Committee on Armed Services be discharged from further 
consideration of the identical bills (H.R. 6117, S. 2078), and, 
additionally, to have the bills referred to the Committee on Government 
Operations.(~4~)
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 3. 99 Cong. Rec. 8359, 83d Cong. 1st Sess.
 4. H.R. 6117 was reported by the Committee on Government Operations on 
        July 15, 1953 (H. Rept. No. 845).
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Collecting and Accounting for Debts Owed to United States by Government 
    Employees

Sec. 38.9 The Committee on Government Operations and not the Committee 
    on Post Office and Civil Service has jurisdiction of a 
    communication proposing a bill to provide for collection from 
    military and civilian personnel of amounts due the United States 
    and for accounting procedures with respect thereto.

[[Page 2893]]

    On Jan. 14, 1954,(5) Edward H. Rees, of Kansas, Chairman 
of the Committee on Post Office and Civil Service, obtained unanimous 
consent to have his committee discharged from further consideration of 
a letter from the Acting Secretary of the Navy (Exec. Comm. No. 1106), 
proposing the legislation described above and to have it rereferred to 
the Committee on Government Operations.
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 5. 100 Cong. Rec. 257, 83d Cong. 2d Sess.
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Travel Costs for Federal Job Applicants

Sec. 38.10 The Committee on Government Operations, and not the 
    Committee on Post Office and Civil Service, has jurisdiction of 
    proposals to amend the Administrative Expenses Act to provide for 
    the payment of certain travel costs for applicants invited by a 
    federal agency to visit it for purposes of employment.

    On Feb. 15, 1967,(6) Thaddeus J. Dulski, of New York, 
Chairman of the Committee on Post Office and Civil Service, obtained 
unanimous consent to have his committee discharged from further 
consideration of an executive communication (Exec. Comm. No. 353), 
outlining the proposals specified above and to have that communication 
rereferred to the Committee on Government Operations.(7)
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 6. 113 Cong. Rec. 3466, 90th Cong. 1st Sess.
 7. See also H.R. 9020, 111 Cong. Rec. 18998, 89th Cong. 1st Sess., 
        Aug. 2, 1965, for a similar proposal which was referred to and 
        reported by the Committee on Government Operations (H. Rept. 
        No. 710).
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