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[House Report 105-30]
[From the U.S. Government Publishing Office]

105th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 1st Session                                                     105-30
_______________________________________________________________________

 
 PROVIDING AMOUNTS FOR THE EXPENSES OF CERTAIN COMMITTEES OF THE HOUSE 
          OF REPRESENTATIVES IN THE ONE HUNDRED FIFTH CONGRESS
                                _______
                                

   March 17, 1997.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

   Mr. Thomas, from the Committee on House Oversight, submitted the 
                               following

                              R E P O R T

                             together with

                             MINORITY VIEWS

                       [To accompany H. Res. 91]

    The Committee on House Oversight, to whom was referred the 
resolution (H. Res. 91) providing amounts for the expenses of 
certain committees of the House of Representatives in the One 
Hundred Fifth Congress, having considered the same, report 
favorably thereon with an amendment and recommend that the 
resolution as amended be agreed to.
    The amendment is as follows:
    Strike out all after the resolving clause and insert the 
following:

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

    (a) In General.--With respect to the One Hundred Fifth 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 that subsection.
    (b) Committees and Amounts.--The committees and amounts referred to 
in subsection (a) are: Committee on Agriculture, $7,656,162; Committee 
on Banking and Financial Services, $8,901,617; Committee on the Budget, 
$9,940,000; Committee on Commerce, $14,576,580; Committee on Education 
and the Workforce, $10,125,113; Committee on Government Reform and 
Oversight, $20,020,572; Committee on House Oversight, $6,100,946; 
Permanent Select Committee on Intelligence, $4,815,526; Committee on 
International Relations, $10,368,358; Committee on the Judiciary, 
$10,699,572; Committee on National Security, $9,756,708; Committee on 
Resources, $9,876,550; Committee on Rules, $4,649,102; Committee on 
Science, $8,677,830; Committee on Small Business, $3,906,941; Committee 
on Standards of Official Conduct, $2,456,300; Committee on 
Transportation and Infrastructure, $12,483,000; Committee on Veterans' 
Affairs, $4,344,160; and Committee on Ways and Means, $11,066,841.

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, 1997, and ending immediately 
before noon on January 3, 1998.
    (b) Committees and Amounts.--The committees and amounts referred to 
in subsection (a) are: Committee on Agriculture, $3,791,039; Committee 
on Banking and Financial Services, $4,363,817; Committee on the Budget, 
$4,970,000; Committee on Commerce, $7,122,959; Committee on Education 
and the Workforce, $5,002,127; Committee on Government Reform and 
Oversight, $11,702,573; Committee on House Oversight, $3,093,200; 
Permanent Select Committee on Intelligence, $2,358,040; Committee on 
International Relations, $5,145,358; Committee on the Judiciary, 
$5,054,800; Committee on National Security, $4,729,454; Committee on 
Resources, $4,800,014; Committee on Rules, $2,306,407; Committee on 
Science, $4,263,672; Committee on Small Business, $1,936,471; Committee 
on Standards of Official Conduct, $1,276,300; Committee on 
Transportation and Infrastructure, $6,141,500; Committee on Veterans' 
Affairs, $2,084,368; and Committee on Ways and Means, $5,387,934.

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, 1998, and ending immediately 
before noon on January 3, 1999.
    (b) Committees and Amounts.--The committees and amounts referred to 
in subsection (a) are: Committee on Agriculture, $3,865,123; Committee 
on Banking and Financial Services, $4,537,800; Committee on the Budget, 
$4,970,000; Committee on Commerce, $7,453,621; Committee on Education 
and the Workforce, $5,122,986; Committee on Government Reform and 
Oversight, $8,317,999; Committee on House Oversight, $3,007,746; 
Permanent Select Committee on Intelligence, $2,457,486; Committee on 
International Relations, $5,223,000; Committee on the Judiciary, 
$5,644,772; Committee on National Security, $5,027,254; Committee on 
Resources, $5,076,536; Committee on Rules, $2,342,695; Committee on 
Science, $4,414,158; Committee on Small Business, $1,970,470; Committee 
on Standards of Official Conduct, $1,180,000; Committee on 
Transportation and Infrastructure, $6,341,500; Committee on Veterans' 
Affairs, $2,259,792; and Committee on Ways and Means, $5,678,907.

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 
Oversight.

SEC. 5. REGULATIONS.

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

SEC. 6. RESERVE FUND FOR UNANTICIPATED EXPENSES.

    There is hereby established a reserve fund of $7,900,000 for 
unanticipated expenses of committees for the One Hundred Fifth 
Congress. Amounts in the fund shall be paid to a committee pursuant to 
an allocation approved by the Committee on House Oversight.

SEC. 7. ADJUSTMENT AUTHORITY.

    The Committee on House Oversight shall have authority to make 
adjustments in amounts under section 1, if necessary to comply with an 
order of the President issued under section 254 of the Balanced Budget 
and Emergency Deficit Control Act of 1985 or to conform to any 
reduction in appropriations for the purposes of such section 1.

                            Committee Action

  On March 13, 1997, by voice vote, a quorum being present, the 
Committee agreed to a motion to report the resolution favorably 
to the House, as amended.

                      Committee Oversight Findings

  In compliance with clause 2(l)(3)(A) of rule XI 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 in the 
descriptive portions of this report.

            Statement on 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 2(l)(3)(B) of rule XI 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 2(l)(3)(C) of rule XI of the Rules 
of the House of Representatives, 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 403 of the Congressional Budget Act of 
1974.

   Oversight Findings of Committee on Government Reform and Oversight

  The Committee states, with respect to clause 2(l)(3)(D) of 
rule XI of the Rules of the House of Representatives, that the 
Committee on Government Reform and Oversight did not submit 
findings or recommendations based on investigations under 
clause 4(c)(2) of rule X of the Rules of the House of 
Representatives.

                             Rollcall Votes

  In compliance with clause 2(l)(2)(B) of rule XI of the Rules 
of the House of Representatives, with respect to each rollcall 
vote on a motion to report the resolution and on any amendment 
offered to the resolution, the total number of votes cast for 
and against, and the names of those Members voting for and 
against, are as follows:
H. Res. 91, Rollcall No. 1
  Motion by Mr. Ney. Subject: Motion to agree to the amendment 
in the nature of a substitute offered by Mr. Thomas.

------------------------------------------------------------------------
                  Member                       Aye       Nay     Present
------------------------------------------------------------------------
Mr. Thomas................................        X   ........  ........
Mr. Ney...................................        X   ........  ........
Mr. Boehner...............................        X   ........  ........
Mr. Ehlers................................        X   ........  ........
Ms. Granger...............................  ........  ........  ........
Mr. Gejdenson.............................  ........        X   ........
Mr. Hoyer.................................  ........        X   ........
Ms. Kilpatrick............................  ........        X   ........
                                           -----------------------------
    Total.................................        4         3   ........
------------------------------------------------------------------------

                           general discussion

Voice vote
    The Committee by voice vote, with a quorum present, on 
March 13, 1997, agreed to report H. Res. 91, as amended, 
favorably to the House.
General discussion
    H. Res. 91, as amended, authorizes $178,321,878 for 
committee salaries and expenses for all standing committees of 
the House of Representatives (except the Committee on 
Appropriations), the Permanent Select Committee on Intelligence 
and the reserve fund for the 105th Congress. The amendment in 
the nature of a substitute offered by the majority, and passed 
by the Committee, was the only amendment offered to the 
resolution. The minority offered no amendments to the funding 
resolution. In a separate Committee resolution, approved on 
March 12, 1997, the Committee on House Oversight established 
franked mail allocations for these committees.
    Significant changes were enacted at the beginning of the 
104th Congress which affected the structure and jurisdiction of 
Committees. In the 104th Congress, three standing committees 
and 32 subcommittees were abolished. Committee staff was 
reduced by 33% from the 103rd Congress levels and committee 
funding authorization was reduced by a total of 30%, 
$67,003,290. Additionally, committees became directly 
responsible and accountable for costs previously paid from 
funds not specifically authorized through a committee funding 
resolution. These costs included, scanning and graphics, local 
telephone line charges, long-distance telephone call charges, 
office supplies mail. Prior to the 104th Congress, these costs 
were paid from other House funds, separate from the 
investigative and statutory funding procedures. The 30% 
reduction in funding was achieved even after mandating full 
accountability by committees for these costs.
    The 104th Congress was one of the most prolific and 
substantive Congresses in history. According to statistics 
complied by the Committee on Rules, the House spent 2,445 hours 
in session deliberating on and passing 333 bills into law, 
including landmark legislation such as welfare reform, a 
balanced budget and health care reform. This was accomplished 
with fewer committee staff and significantly fewer financial 
resources than was authorized in the prior Congress.
Requests
    The sum total of all budget requests for the 105th Congress 
was $180,129,315. The amount authorized for the basic 
operations of committees is $170,421,878, including $3.8 
million for a special investigation by the Committee on 
Government Reform and Oversight. The authorization for the 
basic operations of committees is reduced by $9,707,437, 5.4%, 
from the sum of all amounts requested by committees.
    An additional $7,900,000 is included in the resolution, as 
authorization held in reserve. The ``Reserve Fund'' is for 
future allocation by the Committee on House Oversight for 
unanticipated committee activities during the 105th Congress.

----------------------------------------------------------------------------------------------------------------
                                                              105th                                             
                        Committee                          request \1\   H. Res. 91       1997          1998    
----------------------------------------------------------------------------------------------------------------
Agriculture.............................................    $7,792,162    $7,656,162    $3,791,039    $3,865,123
Banking and Financial Services..........................     9,414,785     8,901,617     4,363,817     4,537,800
Budget..................................................     9,940,000     9,940,000     4,970,000     4,970,000
Commerce................................................    15,191,538    14,576,580     7,122,959     7,453,621
Education and the Workforce.............................    10,569,157    10,125.113     5,002,127     5,122,986
Government Reform and Oversight.........................    20,020,572    20,020,572    11,702,573     8,317,999
House Oversight.........................................     6,160,946     6,100,946     3,093,200     3,007,746
Intelligence............................................     5,040,526     4,815,526     2,358,040     2,457,486
International Relations.................................    11,143,892    10,368,358     5,145,358     5,223,000
Judiciary...............................................    12,037,046    10,699,572     5,054,800     5,644,772
National Security.......................................    10,668,640     9,756,708     4,729,454     5,027,254
Resources...............................................    10,418,537     9,876,550     4,800,014     5,076,536
Rules...................................................     4,649,102     4,649,102     2,306,407     2,342,695
Science.................................................     9,128,727     8,677,830     4,263,672     4,414,158
Small Business..........................................     4,339,817     3,906,941     1,936,471     1,970,470
Standards of Official Conduct \2\.......................     2,439,300     2,456,300     1,276,300     1,180,000
Transportation and Infrastructure.......................    14,096,282    12,483,000     6,141,500     6,341,500
Veterans' Affairs.......................................     5,744,757     4,344,160     2,084,368     2,259,792
Ways and Means..........................................    11,333,529    11,066,841     5,387,934     5,678,907
                                                         -------------------------------------------------------
      Sub-total.........................................   180,129,315   170,421,878    85,530,033    84,891,845
Reserve Fund............................................     7,900,000     7,900,000  ............  ............
                                                         -------------------------------------------------------
      Total.............................................   188,029,315   178,321,878    85,530,033    84,891,845
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\1\ Amount requested in budget request submitted to Committee on House Oversight.                               
\2\ H. Res. 91 includes $60,000 for Ethics Reform Task Force expenses.                                          

Committee funding process

    The 105th Congress is the second funding cycle under the 
biennial funding process instituted in the 104th Congress. At 
the beginning of the 104th Congress House Rules were revised, 
changing the Committee funding process to a biennial cycle and 
abolishing the bifurcation of funding under statutory and 
investigative accounts.
    Committee Chairmen in the 104th Congress achieved the 
ambitious goals established by the new Republican majority, 
including those of fiscal conservatism and legislative 
proclivity. The biennial committee funding process has proven 
successful in at least two respects. First, every House 
committee chairman was a new chairman, and was asked to present 
a two-year budget and to predict the needs and the legislative 
goals of the committees over which they had only recently taken 
control. 104th Congress Chairmen did plan realistic budgets 
which funded the needs of their committees, simultaneously 
reducing budgets by an average of 30% from their predecessors. 
Second, a two-year budget cycle saves time and resources for 
all committees because the process is undertaken only once per 
Congress, rather than twice as was done previously. The 
biennial funding process facilitates long term planning and 
cuts in half the time and resources dedicated to making, 
defending and approving budget requests.
    At the outset of the 104th Congress, the Committee on House 
Oversight adopted a regulation which required committees to 
reimburse legislative and executive branch agencies or 
departments for any detailees working for the committee. The 
regulation has been revised for the 105th Congress. Committees 
must continue to reimburse for detailees from the Government 
Printing Office. Committees will not, however, be required by 
the Committee on House Oversight to reimburse other agencies 
for details, so long as the number of details at any one 
committee does not exceed 10% of their staff ceiling. Agencies 
must be reimbursed for details above this 10% limit. While 
details often provide special expertise not available on 
committee staff, or expertise not required on a permanent 
basis, this policy is intended to continue to ensure prudent 
use of other agencies resources and to continue a full-
accountability model for committee funding.

Funding for the Committee on Government Reform and Oversight

    The Committee on Government Reform and Oversight has 
requested and been allocated a total 48% increase over the 
104th Congress authorization. The Committee on Government 
Reform and Oversight was established in the 104th Congress, by 
combining the jurisdictions of three former committees: The 
Committee on Government Operations, The Committee on the 
District of Columbia and The Post Office and Civil Service 
Committee (exclusive of its jurisdiction over the Commission on 
Congressional Mailing Standards). When the former three 
committees were combined into one entity, the Committee on 
Government Reform and Oversight, staff levels and funding were 
reduced substantially:

                                              [Dollars in millions]                                             
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                                                                103d   Percent   104th  Percent   105th  Percent
----------------------------------------------------------------------------------------------------------------
Government Operations Committee..............................   $11.8  .......   (\1\)  .......   (\1\)  .......
District of Columbia Committee...............................     5.1  .......  ......  .......  ......  .......
Post Office & Civil Service Committee........................     9.7  .......  ......  .......  ......  .......
                                                              --------------------------------------------------
Govt. Reform Committee (equivalent funding)..................    26.6  .......    13.5  .......    16.2       61
    Special Investigation....................................  ......  .......  ......  .......     3.8  .......
                                                              --------------------------------------------------
      Total Authorization....................................    26.6      100    13.5       51    20.0       75
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\1\ Not applicable.                                                                                             

    In the 104th Congress, the Government Reform and Oversight 
Committee maintained a heavy workload, conducted numerous 
investigations and performed essential and unexpected oversight 
functions despite the decrease in staff and resources. The 
Government Reform Committee anticipates a marked increase in 
their workload for the 105th Congress, and has received an 
authorization increase of 20% over two years for its basic 
functions. Even after this increase in authorization for its 
basic operations, the Committee on Government Reform and 
Oversight is funded at 39% less than its 103rd Congress 
predecessors.
    Included in the 105th Congress authorization for the 
Government Reform and Oversight Committee is $3.8 million 
available in 1997 for a special investigation into alleged 
illegal executive branch activities related to the 1996 federal 
campaigns.

Changes to the Rules of the House to accommodate funding for matters 
        that are unanticipated during the biennial funding process

    House rule XI, clause 5(a) allows for a reserve fund to be 
included in the primary expense resolution reported by the 
Committee on House Oversight. The total amount allocated to the 
reserve fund in the 105th Congress is $7,900,000. Amounts from 
this fund will be authorized to a specific standing committee 
or to the Permanent Select Committee on Intelligence only after 
approval by the Committee on House Oversight. If no requests 
are received or no authorization is approved, the funds will 
not be spent. Funds allocated from the Reserve Fund are to be 
for unanticipated matters that arise within a committee's 
jurisdiction. Historically, during a Congress new matters and 
issues come to the attention of the House which require study 
and review. Under a two-year funding cycle, there is a 
significantly greater likelihood that Committees cannot 
accurately anticipate all matters which may arise in their 
jurisdiction. The reserve fund is therefore established as a 
prudent method for funding such unexpected matters.

Minority resources

    The majority is proud of the progress that has been made by 
its committees towards the goal of allocating one-third of each 
committee's resources to the minority. We remain committed to 
this goal. In 1990, the Democratic Majority, pursuant to 
Democratic Caucus Rule 34(F), adopted a policy that the 
committee caucuses shall not be required to provide for more 
than 20 percent of the total funding for minority investigative 
staff for the full committee and each subcommittee of the 
committee. In 1994, at the end of the 103rd Congress, only four 
committees (exclusive of those that share bipartisan and 
nonpartisan staff) allowed one-third of their resources, staff 
and funds, to the minority party.
    When the new majority assumed control in the 104th 
Congress, the number of committee staff allocated to the 
minority party significantly improved:

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                                                            102d            103d        104th   105th           
                                                      -------------------------------- 1995 &  1997 &           
                                                        1991    1992    1993    1994    1996    1998            
----------------------------------------------------------------------------------------------------- -------------
Percent of Committees providing 33% of staff slots                                                              
 \1\ to the minority.................................       6      13       0       6      44      47           
Number of Committees providing:                                                                                 
    33% or more......................................       1       2       0       1       7       7           
    25% to 32%.......................................       3       2       5       5       6       7           
    20% to 24%.......................................       5       1       3       2       3       1           
    Less than 20%....................................       7      11       8       8       0       0           
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\1\ For the 102d and 103d Congress the calculation is from the investigative staff.                             

    For the 105th Congress, there has been no erosion of the 
resources provided to the minority party, and additional 
progress has been made. Of those seventeen committees that have 
partisan staff, nine committees have achieved the goal of one-
third allocation of the total budget or staff salaries to the 
minority. Of the eight remaining committees, three have 
increased their allocation to the minority party for the 105th 
Congress. The situation has improved significantly and progress 
will be monitored and encouraged.
                             Minority Views

    Many of the chairman who presented their committees' 
budgets have done a commendable job of achieving a balance 
between carrying out the committee's responsibilities and 
seeking increased resources to ensure a fair allocation of both 
staff positions and financial resources to the Minority. For 
example, Chairman Thomas of the Committee on House Oversight 
demonstrated his commitment to the House-adopted objective of 
providing at least one-third of the staff positions and 
resources to the Minority. In his budget presentation, Chairman 
Thomas allocated to the Minority one-third of the positions 
under the Committee's Speaker-established staff ceiling, one-
third of the amount approved by the House for committee 
operations (one half in the case of contested elections), and 
control of those resources by the Minority. Several other 
committee chairmen provided a welcome allocation to the 
Minority of positions and resources, and we would be remiss if 
we failed to recognize the progress such committees have made. 
Notwithstanding the progress on such committees, actions by 
certain other committees deserve no such credit. In particular, 
the Government Reform and oversight Committee demands 
discussion.

               government reform and oversight committee

    There is absolutely no excuse for the manner in which the 
Minority of the Government Reform and oversight Committee has 
been treated. That Committee's initial and supplemental funding 
requests--a 48% increase over the last Congress--were granted 
in toto. Yet, despite the sensitive nature of this Committee's 
responsibilities, its Chair has arbitrarily proposed a totally 
inadequate and unfair allocation of resources to the Minority.
    The Government Reform and Oversight Committee submitted its 
budget without prior consultation with the Minority. This 
Committee has indicated that in the best case it will give the 
Minority only between 15% and 25% of the total resources. This 
Committee has been granted up to 41 new positions, including 
detailees, and has thus far earmarked only 7 to the Minority. 
This Committee has proposed a blatantly partisan investigation, 
and its Chair has unilaterally issued over 30 subpoenas without 
Committee approval. Without consultation with the Minority, 
this Committee's Chair established a document protocol which is 
contrary to the Rules of the House of Representatives. It 
purports to authorize the Chairman, without consulting his 
Committee, to publicly disclose any subpoenaed document. This 
Committee's nearly $12 million budget for the First Session of 
the 105th Congress focuses exclusively upon an investigation of 
Democrats, the Democratic Party, and White House campaign 
contribution issues, while ignoring valid parallel Republican 
campaign contribution issues, such as the use of Congressional 
buildings for Republican fundraising activities. This Committee 
cavalier disregard of elemental notions of fairness should not 
be rewarded with a nearly $12 million budget for 1997 alone.
    Incredibly, to compound their unjust distribution of money, 
staff, and resources, the Republicans are creating a $7.9 
million slush fund, to be spent by the Republican Majority of 
the Committee on House Oversight as it sees fit. Without a vote 
of the House, these monies could be added to the already 
excessive budget the Government Reform and Oversight Committee 
has to conduct its highly partisan investigation. The reason 
for creating the slush fund, according to the Republicans 
during markup, was to eliminate the need for supplemental 
funding resolutions.
    The net effect of creating the slush fund, however, is to 
deny the American taxpayer the opportunity to hear the requests 
of committees seeking to tap into that $7.9 million slush fund. 
Under current House Rules, any committee seeking additional 
funding is required to have its request debated on the House 
floor, and voted on by every House member, a process providing 
direct accountability to the Members and the public. But the 
new slush fund language provides the Committee on House 
Oversight, by simple majority vote, with authority to spend 
$7.9 million. This is on a committee with a ratio understood to 
be six Republicans to three democrats. And of course, removing 
spending decisions from the bright lights of House floor debate 
also removes an important element of accountability to the 
taxpayer.

                       bipartisanship in question

    To the extent that Republicans profess a desire for 
bipartisan administration of the House, their intentions must 
be manifested through their actions. If the scope of the 
Government Reform and Oversight Committee's investigation 
remains as specified by the Chairman in his budget 
presentation, oversight report, and supplemental request, then 
it is clear that Republican partisanship is governing the 
funding and investigative processes at issue here, and that 
Republicans have rejected objectivity and fairness. With the 
scope of the Government Reform and Oversight Committee's 
investigation so clearly a partisan one, Republicans are adding 
insult to injury by cutting the Minority out of any effective 
or meaningful participation in the investigation by providing 
inadequate investigative funding by any measure. The Democrats 
want the truth, but the partisan nature of this investigation 
calls directly into question the likelihood that a fair and 
balanced conclusion will be reached, or that the American 
public will ever be informed of the range of campaign 
contribution issues which need to be addressed now by 
legislation, including those attendant to Republican 
fundraising.
    Republicans have dedicated more money to this investigation 
than any other such investigation in recent history, allowed 
the Chairman to act beyond his authority, disarmed the Minority 
through a devastating restriction on resources, and targeted 
the Democratic Party and White House. We believe these partisan 
decisions stem from the continuing Republican desire to avoid 
any meaningful campaign finance reform legislation in this 
Congress. Neither we nor the American people will stand by idly 
while the Republicans use this uncontrolled investigation to 
justify their delay.
    We cannot support the funding resolution in its present 
form.

                                   Carolyn C. Kilpatrick.
                                   Steny H. Hoyer.
                                   San Gejdenson.

                                
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