Committee System Rules Changes in the House, 109th Congress
CRS Report for Congress
Committee System Rules Changes in the
th
House, 109 Congress
Judy Schneider
Specialist on the Congress
Government and Finance Division
Summary
This fact sheet details changes in the committee system contained in H.Res. 5, theth
rules of the House for the 109 Congress, agreed to by the House January 4, 2005, and
the Speaker’s announced policies. The fact sheet will not be updated unless further rulesth
changes for the 109 Congress are adopted.
Committee Organization and Structure
Budget Committee Membership. One member of the majority and one member
of the minority are to be “designated” by the respective elective leadership. Current rules
state that such members be “from” elected leadership.
Committee on Homeland Security. A standing Committee on Homeland
Security is created with legislative and oversight jurisdiction. Rule X grants the new panel
jurisdiction over “(1) overall homeland security policy; (2) organization and
administration of the Department of Homeland Security; (3) functions of the Department
of Homeland Security related to the following: (A) border and port security (except
immigration policy and non-border enforcement); (B) customs (except customs revenue);
(C) integration, analysis, and dissemination of homeland security information; (D)
domestic preparedness for and collective response to terrorism; (E) research and
development; (F) transportation security.” Size and ratio determinations are not made in
the resolution.
Jurisdiction. The resolution transfers jurisdiction over transportation security and
port security to the Committee on Homeland Security, but the Committee on
Transportation and Infrastructure retains jurisdiction over the Coast Guard and
transportation safety. The resolution transfers jurisdiction over domestic preparedness for
terrorist acts to the Homeland Security Committee, but the Transportation and
Infrastructure Committee retains jurisdiction over natural disasters and other emergencies.
The resolution transfers jurisdiction over border security to the Committee on Homeland
Security, but the Judiciary Committee retains jurisdiction over immigration and non-
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border related policy. The resolution adds “criminal law enforcement” to the jurisdiction
of the Judiciary Committee. The resolution transfers jurisdiction over the Customs
Service to the Committee on Homeland Security, but the Ways and Means Committee
retains oversight over customs revenue.1
The Speaker’s announced policies include a provision that indicates that the final
two paragraphs of the “Memorandum of Understanding Between the Energy and
Commerce Committee and the Financial Services Committee” dated January 30, 2001
should no longer provide jurisdictional guidance.
Oversight. The resolution requires committees, in oversight plans provided to the
Government Reform Committee and the House Administration Committee, to “have a
view toward insuring against duplication of federal programs.”
Referral. The Speaker’s announced policies include a provision that indicates that
referral of measures to the Select Committee on Homeland Security in the 108th Congress
“will not constitute precedent for referrals to the new committee.”
Subcommittees. The resolution maintains the current rule regarding the number
of subcommittees each committee can create. However, the Committee on Armed
Services and the Committee on Transportation and Infrastructure may create up to six
subcommittees each, and the Committee on International Relations may create up to seven
subcommittees in the 109th Congress.
Term Limits. The resolution authorizes the chair of the Rules Committee to serve
as chair notwithstanding the current rule limiting service of committee chairs to three
consecutive terms.
Committee Procedure
Recess Authority. The resolution allows for a privileged motion in committee
to recess subject to the call of the chair for a period of less than 24 hours. Current rules
allow for a privileged motion to recess from day to day.
Motion to Go to Conference. The resolution allows committees to adopt a rule
allowing the committee chair to offer a privileged motion to go to conference whenever
the chair deems it appropriate to do so.
1 For a “Legislative History to Accompany Changes to Rule X,”see Congressional Record, Jan.
H31.