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111th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                     111-59

======================================================================

 
   PROVIDING FOR THE EXPENSES OF CERTAIN COMMITTEES OF THE HOUSE OF 
          REPRESENTATIVES IN THE ONE HUNDRED ELEVENTH CONGRESS

                                _______
                                

   March 27, 2009.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

Mr. Brady of Pennsylvania, from the Committee on House Administration, 
                        submitted the following

                              R E P O R T

                             together with

                            ADDITIONAL VIEWS

                       [To accompany H. Res. 279]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on House Administration, to whom was referred 
the resolution (H. Res. 279) providing for the expenses of 
certain committees of the House of Representatives in the One 
Hundred Eleventh Congress, having considered the same, report 
favorably thereon with an amendment and recommend that the 
resolution be agreed to.
    The amendment is as follows:
    Strike all after the resolving clause and insert the 
following:

SECTION 1. COMMITTEE EXPENSES FOR THE ONE HUNDRED ELEVENTH CONGRESS.

  (a) In General.--With respect to the One Hundred Eleventh Congress, 
there shall be paid out of the applicable accounts of the House of 
Representatives, in accordance with this primary expense resolution, 
not more than the amount specified in subsection (b) for the expenses 
(including the expenses of all staff salaries) of each committee named 
in such subsection.
  (b) Committees and Amounts.--The committees and amounts referred to 
in subsection (a) are: Committee on Agriculture, $12,878,997; Committee 
on Armed Services, $15,842,663; Committee on the Budget, $12,701,442; 
Committee on Education and Labor, $17,571,062; Committee on Energy and 
Commerce, $23,589,560; Select Committee on Energy Independence and 
Global Warming, $4,167,500; Committee on Financial Services, 
$18,315,034; Committee on Foreign Affairs, $18,847,305; Committee on 
Homeland Security, $17,776,261; Committee on House Administration, 
$11,069,489; Permanent Select Committee on Intelligence, $10,850,000; 
Committee on the Judiciary, $18,837,171; Committee on Natural 
Resources, $16,567,929; Committee on Oversight and Government Reform, 
$22,343,273; Committee on Rules, $7,141,021; Committee on Science and 
Technology, $14,048,942; Committee on Small Business, $7,236,082; 
Committee on Standards of Official Conduct, $5,577,169; Committee on 
Transportation and Infrastructure, $20,874,154; Committee on Veterans' 
Affairs, $7,668,691; and Committee on Ways and Means, $20,634,454.

SEC. 2. FIRST SESSION LIMITATIONS.

  (a) In General.--Of the amount provided for in section 1 for each 
committee named in subsection (b), not more than the amount specified 
in such subsection shall be available for expenses incurred during the 
period beginning at noon on January 3, 2009, and ending immediately 
before noon on January 3, 2010.
  (b) Committees and Amounts.--The committees and amounts referred to 
in subsection (a) are: Committee on Agriculture, $6,316,330; Committee 
on Armed Services, $7,769,820; Committee on the Budget, $6,350,721; 
Committee on Education and Labor, $8,617,490; Committee on Energy and 
Commerce, $11,569,181; Select Committee on Energy Independence and 
Global Warming, $2,096,900; Committee on Financial Services, 
$8,982,361; Committee on Foreign Affairs, $9,243,406; Committee on 
Homeland Security, $8,718,127; Committee on House Administration, 
$5,428,881; Permanent Select Committee on Intelligence, $5,387,500; 
Committee on the Judiciary, $9,238,436; Committee on Natural Resources, 
$8,125,517; Committee on Oversight and Government Reform, $10,957,956; 
Committee on Rules, $3,538,663; Committee on Science and Technology, 
$6,890,114; Committee on Small Business, $3,548,839; Committee on 
Standards of Official Conduct, $2,735,247; Committee on Transportation 
and Infrastructure, $10,237,447; Committee on Veterans' Affairs, 
$3,761,006; and Committee on Ways and Means, $10,119,889.

SEC. 3. SECOND SESSION LIMITATIONS.

  (a) In General.--Of the amount provided for in section 1 for each 
committee named in subsection (b), not more than the amount specified 
in such subsection shall be available for expenses incurred during the 
period beginning at noon on January 3, 2010, and ending immediately 
before noon on January 3, 2011.
  (b) Committees and Amounts.--The committees and amounts referred to 
in subsection (a) are: Committee on Agriculture, $6,562,667; Committee 
on Armed Services, $8,072,843; Committee on the Budget, $6,350,721; 
Committee on Education and Labor, $8,953,572; Committee on Energy and 
Commerce, $12,020,379; Select Committee on Energy Independence and 
Global Warming, $2,070,600; Committee on Financial Services, 
$9,332,673; Committee on Foreign Affairs, $9,603,899; Committee on 
Homeland Security, $9,058,134; Committee on House Administration, 
$5,640,608; Permanent Select Committee on Intelligence, $5,462,500; 
Committee on the Judiciary, $9,598,735; Committee on Natural Resources, 
$8,442,412; Committee on Oversight and Government Reform, $11,385,317; 
Committee on Rules, $3,602,358; Committee on Science and Technology, 
$7,158,828; Committee on Small Business, $3,687,243; Committee on 
Standards of Official Conduct, $2,841,922; Committee on Transportation 
and Infrastructure, $10,636,707; Committee on Veterans' Affairs, 
$3,907,685; and Committee on Ways and Means, $10,514,565.
  (c) Review of Use of Funds in First Session.--None of the amounts 
provided for in section 1 for a committee named in subsection (b) may 
be available for expenses of the committee after February 3, 2010, 
unless the chair or ranking minority member of the committee appears 
and presents testimony at a hearing of the Committee on House 
Administration held prior to such date to review the committee's use of 
the amounts provided for in section 1 during the first session of the 
One Hundred Eleventh Congress and to determine whether the amount 
specified in subsection (b) with respect to the committee should be 
updated on the basis of the review.

SEC. 4. VOUCHERS.

  Payments under this resolution shall be made on vouchers authorized 
by the committee involved, signed by the chairman of such committee, 
and approved in the manner directed by the Committee on House 
Administration.

SEC. 5. REGULATIONS.

  Amounts made available under this resolution shall be expended in 
accordance with regulations prescribed by the Committee on House 
Administration.

                            COMMITTEE ACTION

    On March 25, 2009, by voice vote, the Committee agreed to 
an amendment in the nature of a substitute, and by voice vote, 
with a quorum present, the Committee agreed to a motion to 
report H. Res. 279, as amended, favorably to the House.

                      COMMITTEE OVERSIGHT FINDINGS

    In compliance with clause 3(c)(1) of rule XIII of the Rules 
of the House of Representatives, the Committee states that the 
findings and recommendations of the Committee, based on 
oversight activities under clause 2(b)(1) of rule X of the 
Rules of the House of Representatives, are incorporated into 
the descriptive portions of this report.

            STATEMENT OF BUDGET AUTHORITY AND RELATED ITEMS

    The resolution does not provide new budget authority, new 
spending authority, new credit authority, or an increase or 
decrease in revenues or tax expenditures and a statement under 
clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives and section 308(a)(1) of the Congressional 
Budget Act of 1974 is not required.

               CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

    In compliance with clause 3(c)(3) of rule XIII of the Rules 
of the House, the Committee states, with respect to the 
resolution, that the Director of the Congressional Budget 
Office did not submit a cost estimate and comparison under 
section 402 of the Congressional Budget Act of 1974.

         STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

    The Committee states, with respect to clause 3(c)(4) of 
rule XIII of the Rules of the House, that the general 
discussion section of this report includes a statement of the 
general performance goals and objectives, including outcome-
related goals and objectives, for which H. Res. 279 authorizes 
funding.

                              RECORD VOTES

    In compliance with clause 3(b) of rule XIII of the Rules of 
the House, with respect to each record vote on a motion to 
report the resolution and on any amendment offered to the 
resolution, there were no record votes on the motion to report 
the resolution or on any amendment offered to the resolution.

                           GENERAL DISCUSSION

    On March 25, 2009, the Committee by voice vote ordered H. 
Res. 279 favorably reported to the House with an amendment in 
the nature of a substitute. The substitute reflected the 
Committee's conclusions regarding the availability of funds to 
support each committee of the House, and also incorporated an 
amendment to the substitute by Rep. Lungren to require a review 
of the use of committee funds at the beginning of the second 
session of the 111th Congress.

Background

    The Committee on House Administration processes the 
legislation by which standing and select committees of the 
House (except the Committee on Appropriations) are authorized 
operating funds in a Congress.
    During the first three months of each new Congress, House 
rule X, clause 7, authorizes House committees to continue 
operations based on their funding authorizations from the 
preceding session. This continuing authorization allows 
committees to organize, adopt legislative and oversight 
agendas, and seek spending authority through the adoption of a 
primary expense resolution by the House.
    The funding process begins after a House committee 
determines its biennial funding needs, and introduces a House 
resolution seeking those funds. Under House rule X, clause 6, 
all funding resolutions, which are referred to as primary 
expense resolutions, are referred to the Committee on House 
Administration. After all committee expense resolutions have 
been introduced, the Committee combines the resolutions into a 
single, omnibus primary expense resolution. Since this funding 
process merely authorizes the expenditure of funds already 
provided (or to be provided) in appropriations acts, the 
funding measure takes the form of a simple House resolution--no 
Senate or presidential approval is required. Working with 
whatever funds are or will be made available through 
appropriations acts, and after reviewing committee budget 
submissions, the Committee recommends an appropriate allocation 
of the available funds.

111th Congress proceedings

    H. Res. 279, as introduced on March 24, 2009 by Chairman 
Brady, constituted the omnibus primary expense resolution, 
which simply incorporated all of the amounts requested by the 
21 covered House committees in their individual resolutions.
    The Committee recognizes that each standing and select 
committee carefully assessed its anticipated workload and 
staffing requirements, and requested the sums considered 
necessary to discharge its responsibilities. Each committee had 
to make this request while giving heavy consideration to both 
the state of the economy and the increased workload anticipated 
in the 111th Congress. Committees were asked to submit requests 
that reflected what they would need to effectively execute 
their duties, with the understanding that not all requests 
could be fulfilled.
    In April 2008, Chairman Brady requested sufficient 
appropriations to allow committees to conduct robust oversight 
of federal policy and the implementation of federal laws, to 
replace aging computers and other office equipment, and to 
secure a cost of living adjustment in support of staff 
retention. However, the intervening economic situation requires 
government entities to achieve their objectives by using 
reduced resources more efficiently, even where, in the case of 
House committees, additional effort is required to ensure 
adequate oversight of the nation's economic recovery, to ensure 
a cost-effective solution to the nation's health care 
deficiencies, to address global warming and environmental 
degradation, and to invest appropriately and efficiently in the 
nation's education to prepare future generations for their 
place in the global economy. The committee is recommending to 
the House an authorization to expend approximately $149.6 
million in the first session, and $154.9 million in the second 
session--a 4.78 percent and 3.9 percent increase respectively. 
Within those limits, targeted increases were provided to the 
Committees on Energy and Commerce, Financial Services, Small 
Business, and Standards of Official Conduct, which are expected 
to address respectively health care reform, energy policy and 
climate change; TARP oversight, stimulus investments and the 
Federal financial regulatory system; small business needs in a 
struggling economy; and vigorous enforcement of ethical 
standards.
    The Committee's amendment in the nature of a substitute 
authorizes a total of $304,538,200 over the two years of the 
111th Congress ending in 2011. One-third of the resources are 
to support work by the minority, and the Committee believes 
that the chairs and ranking minority members will shepherd 
their resources carefully, and will still be able to fulfill 
their responsibilities to the House, despite the approximately 
$12.4 million shortfall in funding below the levels requested 
by each of the committees.
    While appropriations covering the second session have yet 
to be enacted, the Committee's amendment reflects the best 
assessment, by the appropriators and by the House's financial 
managers, as to the amount that will be available to support 
committees in the second session. Typically the workload of all 
committees is greater during the second session of any 
Congress. The Committee on House Administration expects this 
pattern will continue as the 111th Congress engages in critical 
legislative and oversight work.
    The amounts for each committee contained in the Committee 
amendment in the nature of a substitute are as follows:

----------------------------------------------------------------------------------------------------------------
                                                                     111th 1st       111th 2nd
                            Committee                                 session         session       111th total
----------------------------------------------------------------------------------------------------------------
Agriculture.....................................................      $6,316,330      $6,562,667     $12,878,997
Armed Services..................................................       7,769,820       8,072,843      15,842,664
The Budget......................................................       6,350,721       6,350,721      12,701,442
Education and Labor.............................................       8,617,490       8,953,572      17,571,062
Energy and Commerce.............................................      11,569,181      12,020,379      23,589,560
Energy Independence & Global Warming............................       2,096,900       2,070,600       4,167,500
Financial Services..............................................       8,982,361       9,332,673      18,315,034
Foreign Affairs.................................................       9,243,406       9,603,899      18,847,305
Homeland Security...............................................       8,718,127       9,058,134      17,776,261
House Administration............................................       5,428,881       5,640,608      11,069,489
Intelligence....................................................       5,387,500       5,462,500      10,850,000
The Judiciary...................................................       9,238,436       9,598,735      18,837,170
Natural Resources...............................................       8,125,517       8,442,412      16,567,930
Oversight and Government Reform.................................      10,957,956      11,385,317      22,343,273
Rules...........................................................       3,538,663       3,602,358       7,141,021
Science and Technology..........................................       6,890,114       7,158,828      14,048,941
Small Business..................................................       3,548,839       3,687,243       7,236,082
Standards of Official Conduct...................................       2,735,247       2,841,922       5,577,169
Transportation and Infrastructure...............................      10,237,447      10,636,707      20,874,154
Veterans' Affairs...............................................       3,761,006       3,907,685       7,668,691
Ways and Means..................................................      10,119,889      10,514,565      20,634,454
      Grand Total...............................................     149,633,831     154,904,368     304,538,199
----------------------------------------------------------------------------------------------------------------

Accountability

    In an effort to increase funding accountability, Chairman 
Brady and Ranking Member Lungren have agreed to conduct a mid-
Congress review of how committee funds are being used. This 
agreement is reflected in a Lungren amendment to the substitute 
resolution that requires a review of the use of funds from the 
first session. These proceedings will be open to the public, 
and will provide an indicator of how effectively and 
efficiently funding allocations are being used.

Transparency

    Under Committee rules, all covered standing and select 
committees are required to submit monthly financial reports 
covering their expenses and activities to the Committee on 
House Administration. In order to enhance transparency and 
public access, the Committee will be working to implement a 
new, web-based system to open these monthly financial reports 
to broad public scrutiny. The Committee will continue to look 
for effective ways to ensure public access and ease of use of 
these reports.

Minority allocation

    Every effort was made to ensure that the fairness principle 
was applied during the funding process so that the minority 
party would be fully supported in its efforts to perform as the 
``loyal opposition,'' and be in a position to contribute fully 
to the legislative and oversight initiatives of each committee. 
The fairness principle takes the form of the ``1/3 rule,'' a 
position advocated by the Republicans when they were previously 
in the minority, by the Democrats during the 12 years when they 
were in the minority, and again by the current Republican 
minority. The Committee believes that the principle has now 
become firmly established as a benchmark for the allocation of 
resources, committee by committee, and that irrespective of 
which party is in the majority, the ``1/3 rule'' will be 
carried forward. While this fairness principle is well 
established, each committee must still implement the principle 
in a manner consistent with its own operating practices and 
procedures. In hearings, each ranking minority member was asked 
if he or she was being treated fairly, and all committees 
appeared to be in compliance. As chairs and ranking minority 
members change from Congress to Congress, the Committee expects 
that the fairness principle will continue to address the needs 
of the minority.

Procedural and other concerns

    The Committee on House Administration attempted to address 
the concerns raised during the 110th funding cycle by beginning 
the process earlier and allowing the committees sufficient time 
to formulate their requests. In the previous Congress, a flat-
line, inflation-related increase, imposed from the previous 
majority's continuing resolution, did not allow committees to 
meet their real needs for staffing and resources. Had these 
needs been met, it would have allowed committees to tackle a 
backlog of oversight work, as well as the new legislative 
agenda from both the House Leadership and the new 
Administration.
    The Committee on House Administration would have preferred 
for this funding cycle to fully address the requests of all 
committees, but the current state of the economy, and the huge 
obligations recently taken on by the federal government, have 
created an undeniable budgetary constraint. The Committee, in 
exercising fiscal restraint, nonetheless has full confidence 
that each committee will still be able to fulfill its 
obligation to the nation's citizens.
    In addition to the chairs' and ranking minority members' 
concerns about funding, there were additional concerns 
expressed about the ability of committees to attract and retain 
senior- level legislative and oversight experts and 
professionals because the current salary cap is not competitive 
with the private sector. Some committees indicated that some 
new employees were accepting committee positions at salaries 
below their previous private-sector levels, based upon a desire 
to perform in the public service. This is a noble and laudable 
sacrifice, but it remains imperative that committee salary caps 
become competitive with the private sector, or effective 
congressional oversight will suffer and remain suboptimum.

                            ADDITIONAL VIEWS

    ADDITIONAL VIEWS OF THE HONORABLE DANIEL E. LUNGREN, THE 
HONORABLE KEVIN McCARTHY, AND THE HONORABLE GREGG HARPER

 H. RES. 279, PROVIDING FOR THE EXPENSES OF CERTAIN COMMITTEES OF THE 
     HOUSE OF REPRESENTATIVES IN THE ONE HUNDRED ELEVENTH CONGRESS.

    A healthy democracy requires healthy debate. When 
Republicans assumed the majority in 1995, one of the first 
reforms enacted was the creation of a culture in which minority 
staff on Committees would receive a one-third share of 
committee resources as the norm. We were pleased to see this 
continue through the 110th Congress. While our preference would 
have been to set out the one-third/two-third principle in the 
Committee Funding Resolution, we are encouraged that during 
both the hearing and markup, Chairman Brady and other chairs 
made very strong statements in support of this principle for 
the future. We trust that Chairman Brady will continue his 
commitment to fairness in dealing with any concerns that may 
come up regarding this issue in the coming Congress.
    In addition, we are pleased that the majority incorporated 
so many of the minority's suggestions to promote 
accountability, transparency, and oversight of the House. In 
addition to adopting the Lungren amendment to have the Chairs 
and/or Ranking Members return to the Committee after one year 
for an additional oversight hearing, the majority has agreed to 
work with us to move towards the goal of making monthly 
committee reports available online. Increasing transparency and 
accountability serves this institution well and is a 
responsible way for allowing the public to scrutinize the 
workings of the Congress. We appreciate the efforts made by 
Chairman Brady and his staff to work with us in advancing and 
improving this process.

                                   Daniel E. Lungren.
                                   Kevin McCarthy.
                                   Gregg Harper.