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Congressional Oversight Manual

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Congressional Oversight Manual Congressional Oversight Manual Frederick M. Kaiser Specialist in American National Government Walter J. Oleszek Senior Specialist in American National Government Todd B. Tatelman Legislative Attorney June 10, 2011 Congressional Research Service 7-5700 www.crs.gov RL30240 CRS Report for Congress Prepared for Members and Committees of Congress Congressional Oversight Manual Summary The Congressional Research Service (CRS) developed the Congressional Oversight Manual over 30 years ago, following a three-day December 1978 Workshop on Congressional Oversight and Investigations. The workshop was organized by a group of House and Senate committee aides from both parties and CRS at the request of the bipartisan House leadership. The Manual was produced by CRS with the assistance of a number of House committee staffers. In subsequent years, CRS has sponsored and conducted various oversight seminars for House and Senate staff and updated the Manual as circumstances warranted. The last revision occurred in 2007. Worth noting is the bipartisan recommendation of the House members of the 1993 Joint Committee on the Organization of Congress (Rept. No. 103-413, Vol. I): [A]s a way to further enhance the oversight work of Congress, the Joint Committee would encourage the Congressional Research Service to conduct on a regular basis, as it has done in the past, oversight seminars for Members and congressional staff and to update on a regular basis its Congressional Oversight Manual. Over the years, CRS has assisted many members, committees, party leaders, and staff aides in the performance of the oversight function, that is, the review, monitoring, and supervision of the implementation of public policy. Understandably, given the size, reach, cost, and continuing growth of the modern executive establishment, Congress’s oversight role is even more significant—and more demanding—than when Woodrow Wilson wrote in his classic Congressional Government (1885): “Quite as important as lawmaking is vigilant oversight of administration.” Today’s lawmakers and congressional aides, as well as commentators and scholars, recognize that Congress’s work, ideally, should not end when it passes legislation. Oversight is an integral way to make sure that the laws work and are being administered in an effective, efficient, and economical manner. In light of this destination, oversight can be viewed as one of Congress’s principal responsibilities as it grapples with the complexities of the 21st century. Congressional Research Service Congressional Oversight Manual Contents Purposes, Authority, and Participants...........................................................................................1 Purposes ...............................................................................................................................1 Ensure Executive Compliance with Legislative Intent .....................................................1 Improve the Efficiency, Effectiveness, and Economy of Governmental Operations ..........1 Evaluate Program Performance .......................................................................................2 Prevent Executive Encroachment on Legislative Prerogatives and Powers.......................2 Investigate Alleged Instances of Poor Administration, Arbitrary and Capricious Behavior, Abuse, Waste, Dishonesty, and Fraud............................................................2 Assess Agency or Officials’ Ability to Manage and Carry out Program Objectives...........2 Review and Determine Federal Financial Priorities .........................................................2 Ensure That Executive Policies Reflect the Public Interest...............................................3 Protect Individual Rights and Liberties............................................................................3 Other Specific Purposes ..................................................................................................3 Authority to Conduct Oversight ............................................................................................4 United States Constitution...............................................................................................4 Principal Statutory Authority...........................................................................................5 Responsibilities in House and Senate Rules...................................................................10 Congressional Participants in Oversight ..............................................................................13 Members and Committees.............................................................................................13 Staff of Member Offices and Committees......................................................................14 Congressional Support Agencies and Offices.................................................................15 Oversight Coordination and Processes.......................................................................................15 Oversight Coordination.......................................................................................................16 General Techniques of Ensuring Oversight Coordination Include ..................................16 Specific Means of Ensuring Oversight Coordination Include .........................................16 Oversight Processes ............................................................................................................16 The Budget Process.......................................................................................................16 The Authorization Process.............................................................................................17 The Appropriations Process...........................................................................................18 The Investigatory Process .............................................................................................19 The Confirmation Process .............................................................................................20 The Impeachment Process.............................................................................................22 Investigative Oversight .............................................................................................................23 Constitutional Authority to Perform Oversight and Investigative Inquiries...........................24 Authority of Congressional Committees..............................................................................24 Committee Jurisdiction .................................................................................................24 Legislative Purpose.......................................................................................................25 Legal Tools Available for Oversight and Investigations........................................................28 Subpoena Power ...........................................................................................................28 Deposition Authority.....................................................................................................29 Hearings .......................................................................................................................30 Congressional Immunity ...............................................................................................32 Enforcement of Congressional Authority.............................................................................33 Contempt of Congress...................................................................................................33 Perjury and False Statement Prosecutions......................................................................35 Limitations on Congressional Authority ..............................................................................35 Congressional Research Service Congressional Oversight Manual Constitutional Limitations.............................................................................................35 Common Law Privileges...............................................................................................42 Executive Privilege (“Presidential Communications Privilege”) ....................................46 Other Limitations..........................................................................................................51 Frequently Encountered Information Access Issues .............................................................54 Applicability of the Privacy Act ....................................................................................54 Applicability of the Freedom of Information Act ...........................................................56 Access to Grand Jury Materials.....................................................................................57 Access to Litigation Files in Pending Cases...................................................................60 Access to Classified Material ........................................................................................62 Access to Sensitive But Unclassified Materials (SBU, SSI, FOUO, etc).........................65 Statutory Limitations on Congressional Access to Information ......................................67 Individual Member and Minority Party Authority to Conduct Oversight and Investigations...................................................................................................................69 Specialized Investigations ...................................................................................................73
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