A congressional committee is a legislative sub-organization in the United States Congress that handles a specific duty (rather than the general duties of Congress). Committee membership enables members to develop specialized knowledge of the matters under their jurisdiction. As "little legislatures", the committees monitor ongoing governmental operations, identify issues suitable for legislative review, gather and evaluate information, and recommend courses of action to their parent body. Woodrow Wilson once wrote, "it is not far from the truth to say that Congress in session is Congress on public exhibition, whilst Congress in its committee rooms is Congress at work."[1] It is not expected that a member of Congress be an expert on all matters and subject areas that come before Congress.[2] Congressional committees provide valuable informational services to Congress by investigating and reporting about specialized subjects.
Congress divides its legislative, oversight, and internal administrative tasks among approximately 200 committees and subcommittees. Within assigned areas, these functional subunits gather information; compare and evaluate legislative alternatives; identify policy problems and propose solutions; select, determine, and report measures for full chamber consideration; monitor executive branch performance (oversight); and investigate allegations of wrongdoing.[3] The investigatory functions have always been a key role. In the tabling and wording of new law, procedures such as the House discharge petition process (the process of bringing a bill onto the floor without a committee report or mandatory consent from its leadership) are so laborious and technical that committees, today, dominate the draftsmanship and honing of the detail of many bills laid before Congress. Of the 73 discharge petitions submitted to the full House from 1995 through 2007, only one was successful in securing a definitive yea-or-nay vote for a bill.[4]
The growth in autonomy and overlap of committees has fragmented the power of the Senate and of the House. This dispersion of power may, at times, weaken the legislative branch relative to the other two branches of the federal government, the executive and the judiciary. In his often cited article History of the House of Representatives, written in 1961, American scholar George B. Galloway (1898–1967) wrote: "In practice, Congress functions not as a unified institution, but as a collection of semi-autonomous committees that seldom act in unison." Galloway went on to cite committee autonomy as a factor interfering with the adoption of a coherent legislative program.[5] Such autonomy remains a characteristic feature of the committee system in Congress today.
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Transcription
Hi, I'm Craig and this is Crash Course Government and Politics and today we're going to get down and dirty wallowing in the mud that is Congress. Okay, maybe that's a little unfair, but the workings of Congress are kind of arcane or byzantine or maybe let's just say extremely complex and confusing, like me, or Game of Thrones without the nudity. Some of the nudity, maybe. However, Congress is the most important branch, so it would probably behoove most Americans to know how it works. I'm going to try to explain. Be prepared to be behooved. Both the House of Representatives and the Senate are divided up into committees in order to make them more efficient. The committees you hear about most are the standing committees, which are relatively permanent and handle the day-to-day business of Congress. The House has 19 standing committees and the Senate 16. Congressmen and Senators serve on multiple committees. Each committee has a chairperson, or chair, who is the one who usually gets mentioned in the press, which is why you would know the name of the chair of the House Ways and Means Committee. Tell us in the comments if you do know, or tell us if you are on the committee, or just say hi. Congress creates special or select committees to deal with particular issues that are beyond the jurisdiction of standing committees. Some of them are temporary and some, like the Senate Select Committee on Intelligence, are permanent. Some of them have only an advisory function which means they can't write laws. The Select Committee on Energy Independence and Global Warming has only advisory authority which tells you pretty much all you need to know about Congress and climate change. There are joint committees made up of members of both houses. Most of them are standing committees and they don't do a lot although the joint Committee on the Library oversees the Library of Congress, without which we would not be able to use a lot of these pictures. Like that one, and that one, and ooh that one's my favorite. Other committees are conference committees, which are created to reconcile a bill when the House and Senate write different versions of it, but I'll talk about those later when we try to figure out how a bill becomes a law. So why does Congress have so many committees? The main reason is that it's more efficient to write legislation in a smaller group rather than a larger one. Congressional committees also allow Congressmen to develop expertise on certain topics. So a Congressperson from Iowa can get on an agriculture committee because that is an issue he presumably knows something about if he pays attention to his constituents. Or a Congressperson from Oklahoma could be on the Regulation of Wind Rolling Down the Plain Committee. Committees allow members of Congress to follows their own interests, so someone passionate about national defense can try to get on the armed services committee. Probably more important, serving on a committee is something that a Congressperson can claim credit for and use to build up his or her brand when it comes time for reelection. Congress also has committees for historical reasons. Congress is pretty tradish, which is what you say when you don't have time to say traditional. Anyway, it doesn't see much need to change a system that has worked, for the most part, since 1825. That doesn't mean that Congress hasn't tried to tweak the system. Let's talk about how committees actually work in the Thought Bubble. Any member of Congress can propose a bill, this is called proposal power, but it has to go to a committee first. Then to get to the rest of the House or Senate it has to be reported out of committee. The chair determines the agenda by choosing which issues get considered. In the House the Speaker refers bills to particular committees, but the committee chair has some discretion over whether or not to act on the bills. This power to control what ideas do or do not become bills is what political scientists call "Gatekeeping Authority", and it's a remarkably important power that we rarely ever think about, largely because when a bill doesn't make it on to the agenda, there's not much to write or talk about. The committee chairs also manage the actual process of writing a bill, which is called mark-up, and the vote on the bill in the committee itself. If a bill doesn't receive a majority of votes in the committee, it won't be reported out to the full House or Senate. In this case we say the bill "died in committee" and we have a small funeral on the National Mall. Nah we just put it in the shredder. Anyway, committee voting is kind of an efficient practice. If a bill can't command a majority in a small committee it doesn't have much chance in the floor of either house. Committees can kill bills by just not voting on them, but it is possible in the House to force them to vote by filing a discharge petition - this almost never happens. Gatekeeping Authority is Congress's most important power, but it also has oversight power, which is an after-the-fact authority to check up on how law is being implemented. Committees exercise oversight by assigning staff to scrutinize a particular law or policy and by holding hearings. Holding hearings is an excellent way to take a position on a particular issue. Thanks Thought Bubble. So those are the basics of how committees work, but I promised you we'd go beyond the basics, so here we go into the Realm of Congressional History. Since Congress started using committees they have made a number of changes, but the ones that have bent the Congress into its current shape occurred under the speakership of Newt Gingrich in 1994. Overall Gingrich increased the power of the Speaker, who was already pretty powerful. The number of subcommittees was reduced, and seniority rules in appointing chairs were changed. Before Gingrich or "BG" the chair of a committee was usually the longest serving member of the majority party, which for most of the 20th century was the Democrats. AG Congress, or Anno Gingrichy Congress, holds votes to choose the chairs. The Speaker has a lot of influence over who gets chosen on these votes, which happen more regularly because the Republicans also impose term limits on the committee chairs. Being able to offer chairmanships to loyal party members gives the Speaker a lot more influence over the committees themselves. The Speaker also increased his, or her - this is the first time we can say that, thanks Nancy Pelosi - power to refer bills to committee and act as gatekeeper. Gingrich also made changes to congressional staffing. But before we discuss the changes, let's spend a minute or two looking at Congressional staff in general. There are two types of congressional staff, the Staff Assistants that each Congressperson or Senator has to help her or him with the actual job of being a legislator, and the Staff Agencies that work for Congress as a whole. The staff of a Congressperson is incredibly important. Some staffers' job is to research and write legislation while others do case work, like responding to constituents' requests. Some staffers perform personal functions, like keeping track of a Congressperson's calendar, or most importantly making coffee - can we get a staffer in here? As Congresspeople spend more and more time raising money, more and more of the actual legislative work is done by staff. In addition to the individual staffers, Congress as a whole has specialized staff agencies that are supposed to be more independent. You may have heard of these agencies, or at least some of them. The Congressional Research Service is supposed to perform unbiased factual research for Congresspeople and their staff to help them in the process of writing the actual bills. The Government Accountability Office is a branch of Congress that can investigate the finances and administration of any government administrative office. The Congressional Budget Office assesses the likely costs and impact of legislation. When the CBO looks at the cost of a particular bill it's called "scoring the bill." The Congressional reforms after 1994 generally increased the number of individual staff and reduced the staff of the staff agencies. This means that more legislation comes out of the offices of individual Congresspeople. The last feature of Congress that I'm going to mention, briefly because their actual function and importance is nebulous, is the caucus system. These are caucuses in Congress, so don't confuse them with the caucuses that some states use to choose candidates for office, like the ones in Iowa. Caucuses are semi-formal groups of Congresspeople organized around particular identities or interests. Semi-formal in this case doesn't mean that they wear suits and ties, it means that they don't have official function in the legislative process. But you know what? Class it up a little - just try to look nice. The Congressional Black Caucus is made up of the African American members of the legislature. The Republican Study Group is the conservative caucus that meets to discuss conservative issues and develop legislative strategies. Since 2010 there is also a Tea Party caucus in Congress. There are also caucuses for very specific interests like the Bike Caucus that focuses on cycling. There should also be a Beard Caucus, shouldn't there? Is there a Beard Caucus Stan? No? What about an eagle punching caucus? The purpose of these caucuses is for like minded people to gather and discuss ideas. The caucuses can help members of Congress coordinate their efforts and also provide leadership opportunities for individual Congresspeople outside of the more formal structures of committees. There are a lot of terms and details to remember, but here's the big thing to take away: caucuses, congressional staff, and especially committees, all exist to make the process of lawmaking more efficient. In particular, committees and staff allow individual legislators to develop expertise; this is the theory anyway. Yes it's a theory. Committees also serve a political function of helping Congresspeople build an identity for voters that should help them get elected. In some ways this is just as important in the role in the process of making actual legislation. When Congress doesn't pass many laws, committee membership, or better yet, being a committee chair is one of the only ways that a Congressperson can distinguish him or herself. At least it gives you something more to learn about incumbents when you're making your voting choices. Thanks for watching. I'll see you next week. Crash Course is produced in association with PBS Digital Studios. Support for Crash Course US Government comes from Voqal. Voqal supports nonprofits that use technology and media to advance social equity. Learn more about their mission and initiatives at voqal.org Crash Course is made with all of these lovely people. Thanks for watching. Staffer! Coffee! Please. Thank you.
History
In 1932, a reform movement temporarily reduced the number of signatures required on discharge petitions in the U.S. House of Representatives from a constitutional majority of 218 down to 145, i.e., from one-half to one-third of the House membership. This reform was abolished in a 1935 counterattack led by the intra-House oligarchy.[6] Thus the era of the Great Depression marks the last across-the-board change, albeit a short-lived one, in the autonomy of House standing committees.[7]
The modern committee structure stems from the Legislative Reorganization Act of 1946, the first and most ambitious restructuring of the standing committee system since the committee system was first developed. The 1946 act reduced the number of House committees from 48 to 19 and the number of Senate committees from 33 to 15. Jurisdictions of all committees were codified by rule in their respective chambers, which helped consolidate or eliminate many existing committees and minimize jurisdictional conflicts.
The Joint Committee on the Organization of Congress, a temporary committee established in 1993 to conduct a policy and historical analysis of the committee system, determined that while the 1946 Act was instrumental in streamlining the committee system, it did fail to limit the number of subcommittees allowed on any one committee. Today, Rules in the U.S. House of Representatives generally limit each full committee to five subcommittees, with the exception of Appropriations (12 subcommittees), Armed Services (7), Foreign Affairs (7), and Transportation and Infrastructure (6).[8] There are no limits on the number of subcommittees in the U.S. Senate.
Congress has convened several other temporary review committees to analyze and make recommendations on ways to reform and improve the committee system. For example, the Legislative Reorganization Act of 1970 led to further reforms to open Congress to further public visibility, strengthen its decision-making capacities, and augment minority rights. The 1970 Act provided for recorded teller votes in the House's Committee of the Whole; allowed minority party committee members to call their own witnesses during a day of hearings; established the Senate Committee on Veterans' Affairs; and enhanced the research capabilities of two legislative support agencies: the Congressional Research Service and the General Accounting Office.
Between 1994 and 2014, overall committee staffing was reduced by 35 percent.[9] The number of hearings held in the House declined from 6,000 hearings per year in the 1970s, to about 4,000 hearings in 1994, and to just over 2,000 hearings in 2014.[9] Commentators from both major parties have expressed concern regarding the loss of committee capacity to research and develop legislative initiatives.[9][10]
Senate committees
The first Senate committee was established April 7, 1789, to draw up Senate rules of procedure. In those early days, the Senate operated with temporary select committees, which were responsive to the entire Senate, with the full Senate selecting their jurisdiction and membership. This system provided a great deal of flexibility, as if one committee proved unresponsive, another could be established in its place. The Senate could also forgo committee referral for actions on legislation or presidential nominations. These early committees generally consisted of three members for routine business and five members for more important issues. The largest committee established during the 1st Congress had eleven members, and was created to determine salaries of the president and vice president. Also in the first session, the entire membership of the Senate was divided into two large committees, with half the senators on the committee to prepare legislation establishing the federal judiciary and the other half on the committee to define the punishment of crimes against the United States.
This system proved ineffective, so in 1816 the Senate adopted a formal system of 11 standing committees with five members each. Three of those committees, the Finance, Foreign Relations and the Judiciary Committees exist largely unchanged today, while the duties of the others have evolved into successor committees. With the advent of this new system, committees are able to handle long-term studies and investigations, in addition to regular legislative duties. According to the Senate Historical Office, "the significance of the change from temporary to permanent committees was perhaps little realized at the time." With the growing responsibilities of the Senate, the committees gradually grew to be the key policy-making bodies of the Senate, instead of merely technical aids to the chamber.
By 1906, the Senate maintained 66 standing and select committees—eight more committees than members of the majority party. The large number of committees and the manner of assigning their chairmanships suggests that many of them existed solely to provide office space in those days before the Senate acquired its first permanent office building, the Russell Senate Office Building. There were so many committees that freshman Senator Robert La Follette of Wisconsin was assigned chairmanship of the Committee to Investigate the Condition of the Potomac River Front at Washington. According to La Follette, he "had immediate visions of cleaning up the whole Potomac River front. Then [he] found that in all its history, the committee had never had a bill referred to it for consideration, and had never held a meeting." In 1920, the Congressional Directory listed nearly 80 committees, including the Committee on the Disposition of Useless Papers in the Executive Departments. By May 27, 1920, the Russell Senate Office Building had opened, and with all Senate members assigned private office space, the Senate quietly abolished 42 committees.[11]
Today the Senate operates with 21 committees (16 standing and 5 select). These select committees, however, are permanent in nature and are treated as standing committees under Senate rules.
House committees
The first House committee was appointed on April 2, 1789, to "prepare and report such standing rules and orders of proceeding" as well as the duties of a Sergeant-at-Arms to enforce those rules.[12] Other committees were created as needed, on a temporary basis, to review specific issues for the full House. The House relied primarily on the Committee of the Whole to handle the bulk of legislative issues. In response to the House's need for more detailed advice on certain issues, more specific committees with broader authority were established. One of the first—a three-member committee "to prepare and report an estimate of supplies ... and of nett [sic] produce of the impost"—was established on April 29, 1789. The Committee on Ways and Means followed on July 24, 1789, during a debate on the creation of the Treasury Department over concerns of giving the new department too much authority over revenue proposals. The House felt it would be better equipped if it established a committee to handle the matter. This first Committee on Ways and Means had 11 members and existed for just two months. It later became a standing committee in 1801, a position it still holds today.[13]
Committee assignment procedure
The appointment of Senate committee members is formally made by the whole Senate, and the whole House formally appoints House committee members, but the choice of members is actually made by the political parties. Generally, each party honors the preferences of individual members, giving priority on the basis of seniority.
In the Senate, each party is allocated seats on committees generally in proportion to its overall strength in the Senate as a whole. Membership on most House committees are also in rough proportion to the party's strength in the House as a whole, with two major exceptions: on the House Rules Committee, the majority party fills nine of the thirteen seats;[14] and on the House Ethics Committee, each party has an equal number of seats.[15]
In each committee, a member of the majority party serves as its chairperson, while a member of the minority party serves as its ranking member. Four Senate committees instead refer to the ranking minority member as vice chairperson: the Senate Committee on Appropriations, the Senate Committee on Indian Affairs, the Senate Select Committee on Ethics, and the Senate Select Committee on Intelligence. The chairpersons and ranking members in each committee are also elected by the political parties.
An analysis of U.S. House of Representative committee request letters from the 92nd, 93rd, 97th, 98th, 100th, and 101st Congresses showed that the most common justifications raised by members seeking a committee assignment were prior professional experience, geography, and electoral considerations, in that order. About 80 percent of justifications in the letters fell into one of these three categories.[16] Members who request an assignment to the House Armed Services Committee tend to have a greater military presence in their district, while members requesting assignment to the House Interior Committee generally tend to come from sparsely populated areas with more land held in public trust.[17]
Types of committees
There are three main types of committees—standing, select or special, and joint.[3]
Standing committees
Standing committees are permanent panels identified as such in chamber rules (House Rule X, Senate Rule XXV).
Because they have legislative jurisdiction, standing committees consider bills and issues and recommend measures for consideration by their respective chambers. They also have oversight responsibility to monitor agencies, programs, and activities within their jurisdictions, and in some cases in areas that cut across committee jurisdictions.
Most standing committees recommend funding levels—authorizations—for government operations and for new and existing programs. A few have other functions. For example, the Appropriations Committees recommend appropriations legislation to provide budget authority for federal agencies and programs. The Budget Committees establish aggregate levels for total spending and revenue that serve as guidelines for the work of the authorizing and appropriating panels.
Select or special committees
Select or special committees are established generally by a separate resolution of the chamber, sometimes to conduct investigations and studies, and, on other occasions, also to consider measures. Often, select committees examine emerging issues that do not fit clearly within existing standing committee jurisdictions, or that cut across jurisdictional boundaries. A select committee may be permanent or temporary (all current select committees in the House and Senate are considered permanent committees). Instead of select, the Senate sometimes uses the term special committee (as in the Special Committee on Aging).
Joint committees
Joint committees are permanent panels that include members from both chambers, which generally conduct studies or perform housekeeping tasks rather than consider measures. For instance, the Joint Committee on Printing oversees the functions of the Government Printing Office and general printing procedures of the federal government. The chairmanship of joint committees usually alternates between the House and Senate.
As of June 17, 2017, there were[update] four joint committees: the Economic, Library, Printing, and Taxation committees.[18]
A conference committee is an ad hoc joint committee formed to resolve differences between similar but competing House and Senate versions of a bill. Conference committees draft compromises between the positions of the two chambers, which are then submitted to the full House and Senate for approval.
Apart from conference committees, most joint committees are permanent. But temporary joint committees have been created to address specific issues (such as the Joint Committee on the Conduct of the War during the American Civil War, and a Joint Committee on Inaugural Ceremonies to manage presidential and vice-presidential inaugurations).
Other
Other committees are also used in the modern Congress.
- Subcommittees are formed by most committees to share specific tasks within the jurisdiction of the full committee. Subcommittees are responsible to, and work within the guidelines established by, their parent committees. In particular, standing committees usually create subcommittees with legislative jurisdiction to consider and report bills. They may assign their subcommittees such specific tasks as the initial consideration of measures and oversight of laws and programs in the subcommittees' areas.
- Committee of the Whole—used by the House of Representatives, but not the modern Senate
Current committees
In the House of Representatives, there are 20 permanent committees, and 21 in the United States Senate. Four joint committees operate with members from both houses on matters of mutual jurisdiction and oversight.
Committees in the House of Representatives generally have more members, due to its larger size, as compared to the smaller 100-member Senate. Senate rules fix the maximum size for many of its committees[citation needed], while the House determines the size and makeup of each committee every new Congress.
See also
Notes
- ^ Woodrow Wilson, "Congressional Government", 1885, quoted in the JCOC Final Report. Archived December 27, 2006, at the Wayback Machine
- ^ English (2003), pp. 46–47
- ^ a b Committee Types and Roles Archived 2010-04-23 at the Wayback Machine, Congressional Research Service, April 1, 2003
- ^ Source on discharge petitions since 1997: Beginning with the 105th Congress, the House Clerk lists discharge petitions per Congress at its website,
- ^ George B. Galloway, History of the House of Representatives (New York: Thomas Y. Crowell, 1961), pp. 99–100.
- ^ Cannon's Precedents, vol. 7, sect. 1007, gives a short history of the discharge rules from early times to 1935. In 1910 the House established the first known discharge rule since the Civil War. In 1924 the House passed the rule requiring Congressmen's signatures on discharge petitions, and the required number of signatories was 150. [Congressional Record, 68 Congress 1, ppip and FDR opposed — and by a vote of 245 to 166 they raised the signature requirement to 218. [CR, 74 Congress 1, pp. 13–20]. Today's rule is identical to that of 1935.
- ^ The "21-day rule" applied to the Rules Committee alone; this rule was in force during 1949–1951, and 1965–1967, and it allowed the chairman of the legislative committee involved to bypass the Rules Committee and report a bill directly to the House floor, provided that three weeks had passed without a rule being reported for floor debate on the bill. See James A. Robinson, The House Rules Committee (New York: Bobbs-Merrill Co., 1963), pp. 70, 87; Congressional Record, 81 Congress 1, p. 10; CR, 89 Congress 1, p. 21; CR, 92 Congress 1, p. H69; Congressional Quarterly Almanac, 1967, pp. 180–81; CQ Weekly Report 29 (January 29, 1971): 257–258.
- ^ Committee System Rules Changes in the House, They are also the high command of the united states 110th Congress, Congressional Research Service, January 25, 2007,
- ^ a b c Pascrell, Bill Jr. (January 11, 2019). "Why is Congress so Dumb?". The Washington Post.
- ^ Bartlett, Bruce (April 4, 2017). "How Congress Used to Work". POLITICO Magazine. Retrieved April 23, 2017.
- ^ Senate Eliminates 42 Committees, Senate Historical Minute Essays, U.S. Senate Historical Office
- ^ U.S. House Journal. 1st Cong., 1st sess., April 2, 1789.
- ^ H. Doc. 100-244, The Committee on Ways and Means a Bicentennial History 1789-1989, page 3 Archived September 23, 2008, at the Wayback Machine
- ^ "Committee on Rules - A History". Archived from the original on July 30, 2008.
- ^ "Rules – Committee on Standards of Official Conduct" (PDF). Archived from the original (PDF) on July 7, 2010. Retrieved August 23, 2010.
- ^ Frisch & Kelly, pp. 143-45.
- ^ Frisch & Kelly, pp. 108-09.
- ^ "Committees of the U.S. Congress". Retrieved June 17, 2017.
References
- Scott A. Frisch & Sean Q. Kelly, Committee Assignment Politics in the U.S. House of Representatives (University of Oklahoma Press, 2006).
- George B. Galloway, History of the House of Representatives (New York: Thomas Y. Crowell, 1961), pp. 99–100.
Sources
This article incorporates public domain material from the United States Senate Committee History. United States Government.- This article incorporates public domain material from the Final Report of the Joint Committee on the Organization of Congress, December 1993. United States Government.
Further reading
- Robert Struble, Jr., Treatise on Twelve Lights, chapter seven, subsection on "Committee Autonomy"
External links
- Via National Archives and Records Administration:
- Committees in the House of Representatives
- Committees in the United States Senate
- Rules and Precedents of the House
- Standing Rules of the Senate
- "An Overview of the Development of U.S. Congressional Committees". 2008. CiteSeerX 10.1.1.165.5155.
{{cite journal}}: Cite journal requires|journal=(help) - Committee Assignment Process in the U.S. Senate: Democratic and Republican Party Procedures
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This page was last edited on 10 October 2023, at 06:18