House Select Committee on Homeland Security: Possible Questions Raised if the Panel Were to Be Reconstituted as a Standing Committee
CRS Report for Congress
House Select Committee on Homeland
Security: Possible Questions Raised If the
Panel Were to Be Reconstituted as a Standing
Co mmit t e e
Judy Schneider
Specialist on the Congress
Government and Finance Division
Summary
On January 7, 2003, the House created a Select Committee on Homeland Security
with legislative and oversight jurisdiction over the Department of Homeland Security.
The Select Committee is also charged with reviewing the rules of the House, including
Rule X, as they relate to homeland security, and to report to the Committee on Rules any
recommendations by September 30, 2004.
The 9/11 Commission has recommended that Congress create a “permanent
standing committee” in each chamber to serve as a “single, principal point of oversight
and review for homeland security.”
This report poses a series of questions that the House might want to consider as it
debates the effect on the House generally, and on the Members specifically, of
reconstituting the Select Committee as a standing committee. This report will be
updated if events warrant.
Jurisdiction
The Select Committee on Homeland Security is charged with reviewing the rules of
the House, including Rule X, as they relate to homeland security, and to report to the
Committee on Rules any recommendations by September 30, 2004. Rule X pertains to
committee jurisdiction. The Rules Committee is generally responsible for drafting
changes to House rules at the beginning of a new Congress and embodying them in
H.Res. 5. The Homeland Security Committee’s Subcommittee on Rules is studying
Congressional Research Service ˜ The Library of Congress
possible jurisdictional realignment. If the House decides to create a permanent committee
on homeland security:
!Will House Rule X be amended to include specific jurisdictional terms
for a new standing committee?
!If so, will changes be effected pursuant to H.Res. 5 at the start of the
Congress? Will they be phased in over several Congresses?
!Will other committees’ jurisdiction be changed to accommodate the
jurisdiction of the new panel?
!Will jurisdictional changes affect only homeland security, or is a more
extensive realignment anticipated?
!Will jurisdictional changes be made in concert with possible changes in
referral procedures?
!Will legislative jurisdictional changes also reflect possible changes in
oversight responsibilities? Can a standing committee be authorized to
conduct only oversight?
Referral
The Speaker has the authority to refer measures to a committee with primary
jurisdiction, as well as to additional committees sequentially. Further, he can impose time
limitations on committees receiving referrals. In the 108th Congress, the Speaker was
granted the authority to refer measures without designation of a primary committee “under
exceptional circumstances.” To date, the Select Committee has received measures as the
primary committee, as well as in a sequential manner. However, several measures
defined by some as relating to homeland security issues were not referred to the select
committee. If the House decides to create a permanent committee on homeland security:
!Will referral rules and procedures need to be changed?
!Will the homeland security panel always be the primary panel on
measures affecting homeland security? If not, will it always receive a
sequential referral?
!Will “exceptional circumstances” be clarified to mean homeland security
in its broadest definition?
!Will referral changes be made in concert with possible jurisdictional
changes?
Assignments
Both parties make committee assignments pursuant to House rules and respective
party caucus or conference rules, and generally limit the number and type of panels on
which a Member can serve. Although waivers are granted, such waivers must be
approved by the party caucus or conference. To serve on the Select Committee, several
Members in each party (three Republicans and 13 Democrats) took a leave-of-absence
from other committees in order to conform with their respective party assignment limits.
Simultaneously, several Members were granted temporary assignments to serve on panels
from which they had taken a leave of absence. If the House decides to create a permanent
committee on homeland security:
!How will the panel be categorized by each party, i.e., exclusive or non-
exclusive? Will the categorization of committees need to be changed?
What impact will the decision have on current committee members?
!Will assignment be subject to limitations? If so, what effect will
limitations have on attracting Members to serve on the panel? What
effect will that have on committees, especially if numerous senior
Members seek assignment to a new committee?
!Will membership be limited to a specific number of terms, or will the
panel be treated like other standing committees?
!Will assignments be made through the regular Steering Committee
process or will the Speaker (and Minority Leader) make assignments?
Might a new selection process be created, e.g., each committee would
select its representative to serve on a homeland security committee?
!Will assignment limitations, if imposed, be immediately in force, or
phased in over time? Will exemptions be allowed?
!Will membership reflect rank-and-file Members or committee or
subcommittee leaders?
!Will membership be drawn from all committees of the House, or from
only those with jurisdiction over homeland security issues, or from those
committees with no or limited jurisdiction over homeland security
issues?
!Will party leaders serve on the committee in an ex officio capacity?
!Will assignment decisions be affected by possible changes in
jurisdictions among committees?
Chairmanship/Ranking Minority Member
The Republican Conference and Democratic Caucus each have rules related to the
selection of committee leaders. The Republican Conference allows its Steering
Committee to vote on committee chairs, except for those panels where the Speaker selects
the chair. The Democratic Caucus designates committee leaders. The Republicans also
limit the service of some committee chairs. Nine current committee chairs serve on the
Select Committee. If the House decides to create a permanent committee on homeland
security:
!Will the chair be subject to term limits?
!Will the committee leader be allowed to serve on other standing
committees? If yes, will the committee leader be allowed to lead a
subcommittee on the other committee? Will the committee leader be
allowed to hold a position in the party leadership?
!How will the committee leader be chosen, e.g., by the Steering
Committee, by party leadership, or by seniority among existing members
of the committee?
Subcommittees
Most standing committees create subcommittees. The Select Committee created
subcommittees that generally parallel the structure of the new department (an additional
subcommittee is reviewing the rules of the House related to homeland security). If the
House decides to create a permanent committee on homeland security:
!Will the existing homeland security subcommittee structure change?
!Will subcommittees have specified jurisdiction?
!Will the number of subcommittees comply with chamber rules? Will
House rules need to be changed to allow for the creation of additional
subcommittees?
!How will subcommittee leaders be selected? Will they be subject to
assignment and leadership position limitations?
!How will subcommittee members be determined?
Resources (Staff, Funding, Space)
The Select Committee currently borrows space for committee meetings from other
panels, and its staff is generally housed in the offices of the chair and ranking member,
and the Library of Congress. (Borrowing committee space has caused the committee to
hold many meetings on Mondays and Fridays when space is generally available.) Startup
funding was provided by resolution; additional funding was granted pursuant to the
traditional funding mechanism. If the House decides to create a permanent committee on
homeland security:
!Will the committee receive its own committee room and space for its
staff? Will committee space need special facilities, e.g., as the
Intelligence Committee does? Will committee staff require unique
security clearances?
!How much will the committee require in funding, and how many staff are
anticipated?
!Will the staff and funding be allocated between the parties and if so,
how? (The 9/11 Commission has recommended a non-partisan staff).
!Will subcommittees, if created, be provided autonomous staff?