(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.56 The committee also exercises authority under a number of statutes, the principal statutes being the following: 2 U.S.C., sec. 190d Surveillance by committees of execution of laws by agencies To assist the Congress in appraising the administration of the laws and in developing such amendments or related legislation as it may deem necessary, each standing committee of the Senate and the House of Representatives shall exercise continuous watchfulness of the execution by the administrative agencies concerned of any laws, the subject matter of which is within the jurisdiction of such committee; and, for that purpose, shall study all pertinent reports and data submitted to the Congress by the agencies in the executive branch of the Government. (Aug. 2, 1946, ch. 753, title I, sec, 136, 60 Stat. 832.) During the 89th Cong. 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. 80, 88th Cong., agreed to Feb. 27, 1963, H. Res. 109, 89th Cong., 1st sess., agreed to Feb. 24, 1965, and H. Res. 633, 89th Cong., agreed to Jan. 27, 1966; for examples of (2), see H. Res. 81, 88th Cong., agreed to Jan. 31, 1963, and H. Res. 110, 89th Cong., agreed to June 14, 1965. See also Historical Background, infra. See House rule XI, 30. Three standing committees are authorized under the rules so to sit and act without special leave of the House. 5 Par. (d) of rule XI, 8. was adopted on Feb. 10, 1947, by H. Res. 90, 80th Cong. (93 Congressional Record 942-945). Three standing committees of the House are granted this power under the rules. Under H. Res. 109, 89th Cong.. adopted Feb. 24, 1965, and H. Res. 633, 89th Cong., adopted Jan. 27, 1966, the funds which those resolutions have 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 resolutions further provide 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.". 7 This provision was made a part of the standing rules on Jan. 3, 1953, and appears as rule XI, 27. 5 U.S.C., sec. 105a Information furnished committees of Congress on request Every executive department and independent establishment of the Government shall, upon request of the Committee on Government Operations of the House, or of any seven members thereof, or upon request of the Committee on Government Operations of the Senate, or any five members thereof, furnish any information requested of it relating to any matter within the jurisdiction of said committee. (May 29, 1928, ch. 901, sec. 2, 45 Stat. 996.) (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 The committee also exercises authority under other statutes. 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 was 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.) For another statute, see 2 U.S.C., secs. 191-194, relating 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, section 2041, page 831 (1935), as follows: This committee was created, December 5, 1927, by the consolidation of the 11 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 70th 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.9 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 to 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. Examples of the wide ranging scope of the committee's jurisdiction are set forth in Cannon's Precedents, supra, secs. 2042-2046, pp. 831-833 (1935). As indicated 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 This proviso was omitted from the Rules of the House adopted January 3, 1953.10 Under the Constitution (art. I, sec. 5, cl. 2), "Each House may determine the Rules of its Proceedings, ***." This constitutional right was expressly recognized in section 101 (b) of the Legislative Reorganization Act of 1946. 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 27.11 From 1953 until January 1963, the committee's membership remained at 30.12 Pursuant to House Resolution 108, 88th Congress, 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 House Resolution 114, January 14, 1965. 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.13 During the 89th Congress, the committee's authority, powers, and duties, under the rules, may be exercised either within or outside the United States. (H. Res. 109, 89th Cong., Feb. 24, 1965, and H. Res. 110, 89th Cong., June 14, 1965.) The committee's name was changed to "Committee on Government Operations" by House resolution adopted July 3, 1952.14 The Con 10 H. Res. 5, 83d Cong. (99 Congressional Record 15). Cf. rules in H. Doc. 564, 82d Cong.. 2d sess.. p. 328, and in H. Doc. 739, 81st Cong., 2d sess., p. 326. 11 H. Res. 60, 82d Cong., 1st sess. (97 Congressional Record 184). 12 H. Res. 98. 83d Cong. (99 Congressional Record 436); H. Res. 94. 84th Cong. (101 Congressional Record 484); H. Res. 89. 85th Cong. (103 Congressional Record 412): H. Res. 120, 86th Cong. (105 Congressional Record 841); H. Res. 137, 87th Cong. (107 Congressional Record 1677). 13 81st Congress: H. Res. 364. Sept. 28, 1949 (95 Congressional Record 13501); H. Res. 524. May 11, 1950 (96 Congressional Record 6920). Corresponding resolutions were adopted in each session of each succeeding Congress. For example in the 87th Congress see H. Res. 81, Jan. 31, 1963 (109 Congressional Record 1602); 592, May 17, 1962 (108 Congressional Record 8614). In the 88th Congress see H. Res. 80, Feb. 27, 1963 (109 Congressional Record 3098) H. Res. 81, Jan. 31, 1963 (109 Congressional Record 1602); and H. Res. 615, Mar. 4, 1964 (Congressional Record Mar. 4, 1964, p. 4123). 14 H. Res. 647, 82d Cong. (98 Congressional Record 9217). The Senate made a similar change of name on Mar. 3, 1952, after conferences between the chairmen 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 Congressional Record 1701-1702). See also S. Rept. No. 1231, 80th Cong., 2d sess., p. 3 (May 3, 1948). 71-982-67 gressional Record indicates that the reasons underlying that change in name were, in part, as follows: 15 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. * In suggesting the proposed change the committee based its decision on what it considers to be the major or primary function of the committee under the prescribed duties assigned to it to study "the operation of Government activities at all levels with a view to determining its economy and efficiency." It was the unanimous view of the members of the committee that the proposed new title would be more accurate in defining the purposes for which the committee was created and in clearly establishing the major purpose it serves. 15 Letter of Feb. 19, 1952, from the chairman, Senate Committee on Expenditures in the Executive Departments, Senator McClellan to Senator Hayden (98 Congressional Record 1702). |