ACTIVITIES OF THE HOUSE COMMITTEE ON GOVERNMENT OPERATIONS, 92D 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.1 Pursuant to House Resolution 192, 92d Congress, adopted February 4, 1971, the membership of the committee was increased from 35 to 39. Rule XI, 8, sets forth the committee's jurisdiction as follows (see House Document 439, 91st Congress, second session, pages 345–346): 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 8. COMMITTEE OF GOVERNMENT OPERATIONS (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; 1 Rule X, 1(h). 2Pars. (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). (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 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 rules and statutes, the principal ones 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, During the 92d 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; H. Res. 752. 91st Cong., agreed to Mar. 25, 1970; H. Res. 303, 92d Cong., agreed to Apr. 29, 1971; and H. Res. 911, agreed to Mar. 29, 1972; 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: H. Res. 213, 91st Cong., agreed to Mar. 13, 1969; and H. Res. 304, 92d Cong., agreed to Mar. 24, 1971. See also Pt. II, Historical Background, infra. See House Rule XI, 31, under which the Committee on Government Operations is now one of five Committees which may sit while the House is reading a measure for amendment under the 5-minute rule. Par. (d) of Rule XI, 8, was adopted on Feb. 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. 911, 92d Cong., adopted Mar. 29, 1971, the funds which that resolution has made available to the committee for expenses of investigations and studies may not be expended for study of 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." 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 sec. 118 (b) of the Legislative Reorganization Act of 1970; Public Law 91-510; Oct. 26, 1970.) 7 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 89-554, 80 Stat. 378, 413.) (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 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 7 Effective immediately prior to expiration of 91st Congress at noon, Jan. 3, 1971. The prior rule was derived from sec. 136 of the Legislative Reorganization Act of 1946 (2 t.s.C. sec. 190d) and made part of the standing rules on Jan. 3, 1953. 8 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 the provision. See act of May 29, 1928, 45 Stat. 996. 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 authority under other statutes. See sec. 203 (e) (6) of the Federal Property and Administrative Services Act as amended (40 U.S.C. 484 (e) (6)) relating to disposal of Federal surplus pr provision requires that explanatory statements be sent "to the appropriate c the Congress" in advance of negotiated disposal under that act of all real property (with limited exceptions) whose fair market value exceeds $1,000. statutory language stems from a 1958 amendment (Act of July 2, 1958; 72 S the legislative report on that amendment, the Committee on Government Op specifically mentioned as the appropriate committee of the House (H. Rept. No Cong., pp. 3-5). See 41 CFR 101-47.304-12(d). Previously, under the original this provision (sec. 1(1) of the Act of July 12, 1952; 66 Stat. 593), it had 1 the Government Operations Committee's function to receive such explanatory (Cf. H. Rept. No. 982, 83d Cong., p. 2.) See also sec. 414(a) of the Housing Development Act of 1969, as amended by the Housing and Urban Development (Public Law 91-609, Dec. 31, 1970), relating to disposition of surplus land f moderate-income housing. For other requirements which relate to General Accou reports to Congress and which affect the Committee, see secs. 232 and 236 of the Reorganization Act of 1970 (Public Law 91-510). See also 2 U.S.C. secs. 191-1 to oaths and testimony before a congressional committee. 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, volume VII, expenditures and transferred their functions to the ments. On March 17, 1928, the jurisdiction of the committed further enlarged by the adoption of a resolution, repo from the Committee on Rules, including within its juris tion the independent establishments and commissions of Government.10 From 1928 until January 2, 1947, when the Legislative Reorga tion Act of 1946 became effective, the committee's jurisdiction was forth in Rule XI, 34, of the House Rules then in force (H. Doc. 81 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. 10 Examples of the wide-ranging scope of the committee's iurisdiction are set forth in Cannon's Precedents, supra, VII, secs. 2042-2046, pp. 831-833 (1935). $7-156-72-2 |