[House Practice: A Guide to the Rules, Precedents and Procedures of the House]
[Chapter 49. Resolutions of Inquiry]
[From the U.S. Government Publishing Office, www.gpo.gov]
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CHAPTER 49 - RESOLUTIONS OF INQUIRY
HOUSE PRACTICE
Sec. 1. In General
Sec. 2. To Whom Resolutions May Be Directed
Sec. 3. Subjects of Inquiry
Sec. 4. Committee Functions
Sec. 5. Consideration in the House
Sec. 6. Privilege of Resolution
Sec. 7. -- Resolutions Calling for Opinions
Sec. 8. Executive Branch Responses
Research References
3 Hinds Sec. Sec. 1856-1910
6 Cannon Sec. Sec. 404-437
Deschler Ch 15 Sec. 2
Manual Sec. Sec. 864-868
Sec. 1 . In General
The resolution of inquiry is one of the methods used by the House
to obtain information from the executive branch. Deschler Ch 15
Sec. 2. Resolutions of inquiry are accorded privileged status under
rule XIII clause 7. Manual Sec. Sec. 864, 866.
A resolution of inquiry is simple rather than concurrent or joint
in form. Manual Sec. 865. The resolution normally provides that the
information be furnished directly to the House. However, a resolution
merely authorizing a committee to request information has been treated
as a resolution of inquiry, and in one instance the resolution
directed the officer named to furnish information to a committee
rather than to the House. 3 Hinds Sec. 1860; Deschler Ch 15 Sec. 2.26.
A resolution of inquiry need not contain a statement as to the
purpose for which the information is sought. 96-1, June 15, 1979, p
15027. In fact, the inclusion of a preamble will effectively destroy
the privilege that the resolution might otherwise enjoy. See Sec. 6,
infra.
The wording of the resolution will vary depending on the person to
whom the resolution is directed. The House traditionally ``requests''
the President and ``directs'' the heads of executive departments to
furnish information. Manual Sec. 865. The resolution may include the
qualifying phrase, ``if
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not incompatible with the public interest,'' or words to that effect.
3 Hinds Sec. 1896; 6 Cannon Sec. 436; Deschler Ch 15 Sec. 2.8.
Sec. 2 . To Whom Resolutions May Be Directed
Resolutions of inquiry have been traditionally directed to the
President or to a cabinet officer. Deschler Ch 15 Sec. 2. Rule XIII
clause 7 refers to ``the head of an executive department.'' That term
does not extend beyond Cabinet officers to subordinate officials.
Thus, a resolution of inquiry directed to the Federal Reserve Board (6
Cannon Sec. 406) or to the Director of the CIA (Deschler Ch 15
Sec. 2.1) would not be privileged for consideration.
Sec. 3 . Subjects of Inquiry
A wide variety of information--relating to both foreign and
domestic affairs--may be sought pursuant to a resolution of inquiry.
The House has agreed to such resolutions to obtain information on:
Agreements between the President and the British Prime
Minister. Deschler Ch 15 Sec. 2.13.
The relationship between the President's brother (Billy
Carter) and the Libyan Government. 96-2, Sept. 10, 1980, p
24948.
The dismantlement and removal of industrial plants from
postwar Germany. Deschler Ch 15 Sec. 2.15.
Sales to foreign countries of goods in short supply. Deschler
Ch 15 Sec. 2.22.
Domestic availability of petroleum and coal. Deschler Ch 15
Sec. 2.23.
The construction of certain river improvements and the costs
thereof. 3 Hinds Sec. 1875.
Information in possession of the Department of Justice
relative to a certain kidnapping case, including the names of
those questioned in the investigation. Deschler Ch 15
Sec. 2.19.
Documents containing a list of public school systems receiving
Federal aid that bus school children to achieve racial balance
or indicating the use of Federal funds for such busing.
Deschler Ch 15 Sec. 2.24.
Department of Defense documents regarding U.S. military
assistance to certain nations. Deschler Ch 15 Sec. 2.12.
Information from the Secretary of State regarding a U.S.
military alert ordered in October, 1973. 93-2, Apr. 9, 1974, p
10177.
Information from the Secretary of Defense relative to
congressional support for the C-5B aircraft. 97-2, Aug. 3,
1982, p 18947.
Information from the President relative to U.S. activities in
Honduras and Nicaragua. 98-1, May 4, 1983, p 11097.
Information from the President relating to U.S. supplies of
crude oil and refined petroleum products. 96-1, June 14, 1979,
p 14951.
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Evidence compiled by the Department of Justice and the FBI in
connection with the ABSCAM investigation (relating to bribery
of certain Members and other public officials), and information
on the amount of Federal spending thereon. 96-2, Feb. 27, 1980,
pp 4071, 4078.
Documents that have been sought pursuant to a resolution of
inquiry include reports on foreign affairs, such as the so-called
Pentagon Papers (Deschler Ch 15 Sec. 2.2), certain communications
between the Department of State and a U.S. Embassy (Deschler Ch 15
Sec. 2.3), maps showing certain military operations (Deschler Ch 15
Sec. 2.8), military statistical data (Deschler Ch 15 Sec. 2.11),
papers in the custody of the Special Prosecutor (Deschler Ch 15
Sec. 2.17), and a letter from the Director of the FBI to the Secretary
of Commerce (Deschler Ch 15 Sec. 2.20). A resolution of inquiry,
reported adversely in 1993, requested the President to furnish certain
documents concerning the White House travel office and the FBI. 103-1,
July 20, 1993, p 16207.
Sec. 4 . Committee Functions
Referrals and Reports; Joint Referrals
Resolutions of inquiry are introduced through the hopper and
referred to the appropriate committees for consideration and report.
Under rule XIII clause 7, committees are required to report
resolutions of inquiry back to the House within 14 legislative days,
exclusive of the day of introduction and the day of discharge. 3 Hinds
Sec. Sec. 1858, 1859. The 14-day reporting period may be extended by
unanimous consent. Manual Sec. 864; 97-2, July 12, 1982, p 15773. In
the case of a multiple referral, all committees must either report or
be discharged before consideration.
Discharge
If the committee fails to report the resolution back to the House
within the 14-day period, the House may reach the resolution by a
motion to discharge as follows:
Member: Mr. Speaker, I move to discharge the Committee on
__________ from the further consideration of the resolution, H. Res.
____, a privileged resolution of inquiry.
This motion is privileged for consideration after the 14-day
period even though there may have been some delay in the transmittal
of the resolution to the committee. Manual Sec. 867; 3 Hinds
Sec. 1871. The motion to discharge is not debatable. Manual Sec. 867.
A motion to table the motion to discharge is in order but is likewise
not debatable. 6 Cannon Sec. 415. However, if the
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motion to discharge is agreed to, the question recurs on agreeing to
the resolution of inquiry; and that question is debatable. 6 Cannon
Sec. 417.
A committee also may be discharged from consideration of a
resolution of inquiry by unanimous consent, even where a motion to
discharge is not yet eligible for consideration under rule XIII clause
7. Deschler Ch 15 Sec. Sec. 2.17, 2.18.
Sec. 5 . Consideration in the House
Generally; Calling Up
A resolution of inquiry, if in proper form, is privileged, and a
report thereon is presented from the floor rather than through the
hopper. 103-1, July 20, 1993, p 16207. Subject to three-day report
availability under rule XIII clause 4, the resolution may be called up
in the House and considered anytime after it has been reported by (or
discharged from) a committee to which it was referred. 6 Cannon
Sec. 414; Deschler Ch 24 Sec. 8.13. It may not be called up as
privileged before being referred to committee. Manual Sec. 866. The
privilege of the resolution is not affected by an adverse report.
Indeed, an adverse report on the resolution is itself submitted as
privileged. 6 Cannon Sec. Sec. 404, 410.
The reported resolution retains its privilege after being referred
to the calendar. 6 Cannon Sec. 407. If it is ruled out because it was
submitted through the hopper, it may be immediately resubmitted from
the floor without loss of privilege. 6 Cannon Sec. 419.
Who May Call Up
Normally, when a resolution of inquiry has been reported by
committee within the 14-day time frame, only an authorized member of
that committee may call up the resolution for consideration. 6 Cannon
Sec. 413; Sec. 4, supra. By reporting a resolution of inquiry, even
adversely, within 14 legislative days, the committee of jurisdiction
retains control of the resolution, and a Member not authorized by the
committee cannot call up the resolution. Manual Sec. 867; 8 Cannon
Sec. 2310. Where the resolution has been referred to two committees,
but neither reports, the resolution could be discharged by majority
vote and called up by any Member. If one committee reports, the other
committee could be discharged by motion, but only the reporting
committee could call it up. If both committees report, the resolution
could be called up by direction of one or both of the committees.
Three-day Availability Requirement
The consideration of a resolution of inquiry in the House is
ordinarily subject to the three-day availability requirement of rule
XIII clause 4. Man
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ual Sec. 850. However, the House has considered it on the day reported
where no point of order was raised, or pursuant to a unanimous-consent
request. Deschler Ch 24 Sec. Sec. 8.13, 8.14.
Debate; Motions
The Member calling up a privileged resolution of inquiry is
recognized to control one hour of debate, whether the resolution is
reported from committee or is before the House pursuant to a motion to
discharge. Manual Sec. 867.
A motion to table will lie against a pending resolution of
inquiry, whether reported favorably or adversely. Deschler Ch 15
Sec. 2. The motion to table is preferential. Manual Sec. 914. The
motion may be offered by the manager of the resolution before or after
debate on the resolution. Manual Sec. 867.
Effect of Adjournment
A resolution of inquiry undisposed of by the House at adjournment
at the end of the day retains its privilege and is the unfinished
business when that class of business is again in order under the
rules. 6 Cannon Sec. 412. On that day, the resolution may be called up
and debated de novo. 96-1, June 14, 1979, p 14951; 96-1, June 15,
1979, p 15027.
Sec. 6 . Privilege of Resolution
For a resolution of inquiry to have privileged status, or for the
motion to discharge to have that status, the resolution must be
addressed to the President or to a member of his Cabinet. 3 Hinds
Sec. 1861; 6 Cannon Sec. 406. To be privileged, the resolution should
not present a preamble. 3 Hinds Sec. Sec. 1877, 1878; 6 Cannon
Sec. Sec. 422, 427. It must seek facts rather than opinions and may
not require an investigation. 3 Hinds Sec. Sec. 1872-1874; 6 Cannon
Sec. Sec. 427, 429, 432; Sec. 7, infra. A resolution may be held to
require an investigation where it calls for information that is not
within the purview of the executive to whom the resolution is
addressed. 3 Hinds Sec. 1874; 6 Cannon Sec. 410. The point of order
that a resolution of inquiry is not privileged should be raised after
the resolution has been read but before debate thereon. See Points of
Order; Parliamentary Inquiries.
Sec. 7 . -- Resolutions Calling for Opinions
To enjoy privileged status, a resolution of inquiry should seek
factual information only. It may not be considered as privileged if it
calls for an opinion or for such facts as would inevitably require the
statement of an
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opinion to answer the inquiry. Manual Sec. 866; 3 Hinds
Sec. Sec. 1872, 1873; 6 Cannon Sec. 413; Deschler Ch 15 Sec. 2. A
request for documents only is normally construed not to require an
expression of opinion.
Resolutions of inquiry have lost their privileged status because
they sought opinions rather than facts, for example:
The names of those certifying to an appointment unless the
disclosure would be ``distressing'' to anyone named. 72-1, Feb.
5, 1932, p 3453.
An ``analysis'' of a country's past and present military
capability. 92-1, July 7, 1971, p 23816.
The rationale for American involvement in South Vietnam.
Deschler Ch 15 Sec. 2.1.
The extent of damage to facilities struck by bombs. Deschler
Ch 15 Sec. 2.7.
Sec. 8 . Executive Branch Responses
Resolutions of inquiry ordinarily have been complied with pursuant
to principles of comity between the branches of government. Deschler
Ch 15 Sec. Sec. 2, 3. Responses submitted to the House by the officer
named in the resolution are laid before the House and referred to the
committee or committees reporting the resolution. 96-2, Sept. 17,
1980, p 25887.
The House rules contain no specific provision for enforcing
resolutions of inquiry, and there have been a number of instances in
which the officer named has refused or declined to provide some or all
of the information sought. For examples of conflicts with the
executive branch over resolutions of inquiry, see Manual Sec. 868; 6
Cannon Sec. Sec. 434, 435. In such cases the House may renew its
inquiry or demand a further or more complete answer. 3 Hinds
Sec. Sec. 1890, 1891; 6 Cannon Sec. 435. For the power of the House to
issue subpoenas and to enforce them pursuant to contempt procedures,
see Contempt.