[COMMITTEE PRINT] ACTIVITIES OF THE HOUSE COMMITTEE ON GOVERNMENT OPERATIONS, 91ST PART ONE. GENERAL STATEMENT OF I. Jurisdiction, Authority, Powers, and Duties The Rules of the House of Representatives provide for election by the House, at the commencement of each Congress, of 21 named standing committees, one of which is the Committee on Government Operations. Pursuant to House Resolution 128, 90th Congress, adopted January 16, 1967, the membership of the committee was increased from 34 to 35. Rule XI, 8, sets forth the committee's jurisdiction as follows (H. Doc. 402, 90th Cong., 2d sess., pp. 328, 338–9): POWERS AND DUTIES OF COMMITTEES All proposed legislation, messages, petitions, memorials, and other matters relating to the subject listed under the standing committees named below shall be referred to such committees, respectively: 2 (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. 1 Rule X, 1(h). 2 Pars. (a). (b), and (c) of Rule XI, 8, were initially adopted as Rule XI, 1(h) in sec. 121 (b) of the Legislative Reorganization Act of 1946 (60 Stat. 812, 825, ch. 753). (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.56 The committee also exercises authority under a number of statutes, the principal statutes being the following: Rule XI, 28 Legislative review by committees (a) In order to assist the House in (1) its analysis, appraisal, and evaluation of the application, administration, and execution of the laws enacted by the Congress, and (2) its formulation, consideration, and enactment of such modifications of or changes in those laws, and of such additional legislation, as may be necessary or appropriate, each standing committee shall review and study, on a continuing basis, the application, administration, and execution of those laws, or parts of laws, the subject matter of which is within the jurisdiction of that committee. (b) Each standing committee shall submit to the House, not later than January 2 of each odd-numbered year beginning on or after January 1, 1973, a report on the activities of that committee under this clause during the Congress ending at noon on January 3 of such year. (As amended by section 118 (b) of the Legislative Reorganization Act of 1970; Public Law 91-510; Oct. 26, 1970.) 7 3 During the 91st Congress the committee's authority, powers, and duties under the rules may be exercised either within or outside the United States. The committee's authority to exercise its powers and duties outside the United States has stemmed (1) from annual resolutions making funds available to the committee for expenses of investigations and studies, "within and without the continental limits of the United States" and (2) from certain special resolutions. For examples of (1), see H. Res. 109. 90th Cong., 1st sess., agreed to Mar. 8. 1967: H. Res. 1027, 90th Cong., agreed to Mar. 13, 1968; H. Res. 1160. 90th Cong.. agreed to May 9, 1968; H. Res. 214, 91st Cong., agreed to Mar. 26, 1969; and H. Res. 752, 91st Cong., agreed to Mar. 25, 1970; for examples of (2), see H. Res. 110, 89th Cong.. agreed to June 14, 1965; H. Res. 110, 90th Cong., 1st sess., agreed to Feb. 21. 1967; and H. Res. 213, 91st Cong., agreed to Mar. 13, 1969. See also Pt. II, Historical Background, infra. 4 See House Rule XI, 31. Four committees have standing authority under the rules so to sit and act without special leave of the House. See also Rule XI, 2(b). Par. (d) of Rule XI, S. was adopted on February 10, 1947, by H. Res. 90, 80th Cong. (93 Cong. Rec. 942-945). Three committees of the House have standing authority to exercise this power under the rules. See also Rule XI, 2(b). Under H. Res. 752, 91st Cong., adopted Mar. 25, 1970, the funds which that resolution has made available to the committee for expenses of investigations and studies may not be expended for study or investigation of "any subject which is being investigated for the same purpose by any other committee of the House." The resolution further provides that the committee chairman "shall furnish the Committee on House Administration information with respect to any study or investigation intended to be financed from such funds." Effective immediately prior to the expiration of the 91st Congress at noon Jan. 3. 1971. The prior rule was derived from section 136 of the Legislative Reorganization Act of 1946 (2 U.S.C. sec. 190d) and made part of the standing rules on January 3, 1953. 5 U.S.C. sec. 2954 8 Information to committees of Congress on request An Executive agency, on request of the Committee on Government Operations of the House of Representatives, or of any seven members thereof, or on request of the Committee on Government Operations of the Senate, or any five members thereof, shall submit any information requested of it relating to any matter within the jurisdiction of the committee. (Sept. 6, 1967; Public Law 89554; 80 Stat. 378, 413.) * 31 U.S.C. sec. 53(b) Investigations and reports by Comptroller General * * (b) He [the Comptroller General] shall make such investigations and reports as shall be ordered by either House of Congress or by any committee of either House having jurisdiction over revenue, appropriations, or expenditures. The Comptroller General shall also, at the request of any such committee, direct assistants from his office to furnish the committee such aid and information as it may request. (June 10, 1921, ch. 18, title III, sec. 312, 42 Stat. 25.) 31 U.S.C. sec. 60 Analyses of executive agencies' expenditures by Comptroller General; reports to congressional committees The Comptroller General is authorized and directed to make an expenditure analysis of each agency in the executive branch of the Government (including Government corporations), which, in the opinion of the Comptroller General, will enable Congress to determine whether public funds have been economically and efficiently administered and expended. Reports on such analyses shall be submitted by the Comptroller General, from time to time, to the Committees on Government Operations, to the Appropriations Committees, and to the legislative committees having jurisdiction over legislation relating to the operations of the respective agencies, of the two Houses. (Aug. 2, 1946, ch. 753, title II, § 206, 60 Stat. 837.) The committee also exercises responsibility under other statutes." Prior to enactment of title 5, United States Code, by Public Law 89-554, 89th Cong.. the citation "5 U.S.C. sec. 105a" was generally used for this provision. See sec. 203 (e) (6) of the Federal Property and Administrative Services Act of 1949, as amended (40 U.S.C. 484 (e) (6)), relating to disposal of Federal surplus property. This provision requires that explanatory statements be sent "to the appropriate committees of the Congress" in advance of negotiated disposal under that act of all real and personal property (with limited exceptions) whose fair market value exceeds $1,000. The present statutory language stems from a 1958 amendment (Act of July 2, 1958; 72 Stat. 288). In the legislative report on that amendment, the Committee on Government Operations vas specifically mentioned as the appropriate committee of the House (H. Rept. No. 1763, 85th Cong., pp. 3-5). See 41 CFR 101-47.304-12(d). Previously, under the original language of this provision (sec. 1(1) of the Act of July 12, 1952; 66 Stat. 593), it had likewise been the Government Operations Committee's function to receive such explanatory statements. (Cf. H. Rept. No. 982, 83d Cong., p. 2.) See also sec. 414 (a) of the Housing and Urban Development Act of 1969, as amended by the Housing and Urban Development Act of 1970 (Public Law 91-609. Dec. 31, 1970) relating to disposition of surplus land for low and moderate income housing. For other requirements which relate to General Accounting Office reports to Congress and which affect the Committee, see secs. 232 and 236 of the Legislative Reorganization Act of 1970 Public Law 91-510). See also 2 U.S.C. secs. 191194, relating to oaths and testimony before a congressional committee. 53-695-70-2 II. Historical Background The committee was initially named the "Committee on Expenditures in the Executive Departments." Its antecedents are summarized in Cannon's Precedents of the House of Representatives, Vol. VII, sec. 2041, p. 831 (1935), as follows: This committee was created, December 5, 1927, by the consolidation of the eleven Committees on Expenditures in the Various Departments of the Government, the earliest of which has been in existence since 1816. As adopted in 1816, the rule did not include the committees for the Departments of Interior, Justice, Agriculture, Commerce, and Labor. The committees for these departments date, respectively, from 1860, 1874, 1889, 1905, and 1913. The resolution providing for the adoption of the rules of the Seventieth Congress discontinued the several committees on expenditures and transferred their functions to the newly created Committee on Expenditures in the Executive Departments. On March 17, 1928, the jurisdiction of the committee was further enlarged by the adoption of a resolution, reported from the Committee on Rules, including within its jurisdiction the independent establishments and commissions of the Government.10 From 1928 until January 2, 1947, when the Legislative Reorganization Act of 1946 became effective, the Committee's jurisdiction was set forth in Rule XI, 34, of the House Rules then in force (H. Doc. 810, 78th Cong., 2d Sess. (1945)), as follows: POWERS AND DUTIES OF COMMITTEES * * * * 34. The examination of the accounts and expenditures of the several departments, independent establishments, and commissions of the Government, and the manner of keeping the same: the economy, justness, and correctness of such expenditures: their conformity with appropriation laws; the proper application of public moneys; the security of the Government against unjust and extravagant demands; retrenchment; the enforcement of the payment of moneys due the United States; the economy and accountability of public officers; the abolishment of useless offices, shall all be subjects within the jurisdiction of the Committee on Expenditures in the Executive Departments. As mentioned above, the present statement of the Committee's jurisdiction was largely prescribed in the revised Rule XI set forth in the Legislative Reorganization Act of 1946, supra. The Rule as set forth in the Act contained its present preamble, plus the following proviso: Provided, That unless otherwise provided herein, any matter within the jurisdiction of a standing committee prior to Janu 10 Examples of the wide-ranging scope of the committee's jurisdiction are set forth in Cannon's Precedents, supra, VII, 2042-2046, pp. 831-833 (1935). ary 2, 1947, shall remain subject to the jurisdiction of that committee or of the consolidated committee succeeding generally to the jurisdiction of that Committee. The proviso was omitted from the Rules of the House adopted January 3, 1953.11 Under the Constitution (Art. I, sec. 5, cl. 2), "Each House may determine the Rules of its Proceedings." Omission of the proviso made no substantive change, since the scope of the Committee's jurisdiction prior to January 2, 1947, is embraced within the Committee's jurisdiction as defined in the present Rules. The committee's membership, which was fixed at 21 when it was consolidated on December 5, 1927, was increased to 25 when the Legislative Reorganization Act of 1946 became effective on January 2, 1947. In 1951, the committee's membership was increased to 27.12 From 1953 until January 1963, the committee's membership remained at 30.13 Pursuant to H. Res. 108, 88th Cong., adopted January 17, 1963, the committee was enlarged to 31 members. In the 89th Congress the membership of the committee was increased to 34 through passage of H. Res. 114, January 14, 1965. The present committee membership of 35 was established by H. Res. 128, 90th Cong., approved January 16, 1967. 14 Beginning September 28, 1949, the moneys appropriated to the committee were, by House resolution in each session of Congress, available for expenses incurred in conducting studies and investigations authorized by Rule XI, 8, whether made within or without the United States. During the 90th Congress, the committee's authority powers, and duties, under the rules, may be exercised either within or outside the United States. (H. Res. 110, 90th Cong., 1st sess.. February 21, 1967, H. Rept. No. 22. See also appropriation resolutions: H. Res. 109, 90th Cong., 1st sess., March 8, 1967; H. Res. 1027, 90th Cong., 2d sess., March 13, 1968; and H. Res. 1160, 90th Cong., 2d sess., May 9, 1968.) The committee's name was changed to "Committee on Government. Operations" by House resolution adopted July 3, 1952.15 The Congressional Record indicates the reasons underlying that change in name were, in part, as follows: 16 This committee is proposing the indicated change in the present title, in view of the fact that it is misleading and the committee's functions and duties are generally misunderstood by the public. * 11 H. Res. 5. 83d Cong. (99 Cong. Rec. 15). Cf. rules in H. Doc. 564, 82d Cong., 2d sess., p. 328 and in H. Doc. 739, 81st Cong.. 2d sess.. p. 326. 12 H. Res. 60, 82d Cong., 1st sess. (97 Cong. Rec. 184). 13 H. Res. 98, 83d Cong. (99 Cong. Rec. 436); H. Res. 94, 84th Cong. (101 Cong. Rec. 484) H.Res. 89, 85th Cong. (103 Cong. Rec. 412); H. Res. 120, 86th Cong. (105 Cong. Rec. 841): H. Res. 137, 87th Cong. (107 Cong Rec. 1677). 14 81st Congress: H. Res. 364, Sept. 28, 1949 (95 Cong. Rec. 13501); H. Res. 524. May 11, 1950 (96 Cong. Rec. 6920). Corresponding resolutions were adopted in each session of each succeeding Congress. For example, in the 88th Congress see H. Res. 80, Feb. 27, 1963 (109 Cong. Rec. 3098); H. Res. 81. Jan. 31, 1963 (109 Cong. Rec. 1602); and H. Res. 615, Mar. 4, 1964 (110 Cong. Rec. 4278). In the 89th Congress, see H. Res. 110, June 14, 1965 (111 Cong. Rec. 12915); H. Res. 109, Feb. 24, 1965 (111 Cong. Rec. 3344); and H. Res. 633, Jan. 27, 1966 (Cong. Rec., Jan. 27, 1966, p. 1280). 15 H. Res. 647, 82d Cong. (98 Cong. Rec. 9217). The Senate made a similar change of name on Mar. 3. 1952, after conferences between the chairman of the House and Senate Committees on Expenditures in the Executive Departments to insure that both Houses would adopt the change in name. S. Res. 280, 82d Cong. (98 Cong. Rec. 1701-1702) See also S. Rept. No. 1231, 80th Cong., 2d sess., p. 3 (May 3, 1948). 16 Letter of Feb. 19, 1952, from the chairman, Senate Committee on Expenditures in the Executive Departments, Senator McClellan to Senator Hayden (98 Cong. Rec. 1702). |