One procedure, used only in the House of Representatives, is the resolution of inquiry , which "is a simple resolution making a direct request or demand of the President or the head of an executive department to furnish the House of Representatives with specific factual information in the possession of the executive branch." Resolutions of inquiry are often much more effective in obtaining information from the executive branch than one would expect from viewing committee and floor action. As examples in this report demonstrate, the sponsor of a resolution will often support an adverse report and tabling action because the Administration has substantially complied with the resolution. These early investigations differed in scope and procedure from the House resolution of inquiry, which depends not on Congress operating as the "Grand Inquest" but by a special rule that grants privileged status to a lawmaker's motion to obtain documents from the executive branch. The resolution is privileged and may be considered at any time after it is properly reported or discharged from committee. The privileged status of the resolution applies only to requests for facts within the Administration's control and not for opinions or investigations. Recent Congresses have shown an increase in the use of these privileged resolutions.
The resolution of inquiry is a simple House resolution that seeks factual information from the executive branch. Such resolutions are given privileged status under House rules and may be considered at any time after being properly reported or discharged from committee. Such resolutions apply only to requests for facts—not opinions—within an Administration's control. This report explains the history, procedure, specific uses of resolutions of inquiry, and notes recent increases in their usage.
The examples in this report demonstrate that, historically, even when a resolution of inquiry is reported adversely from a committee and tabled on the floor, it has frequently led to the release of a substantial amount of information from the Administration. Data from more recent Congresses suggest a potential change in the use and efficacy of these privileged resolutions.
For other CRS reports regarding legislative techniques for obtaining information from the executive branch, see CRS Report 95-464, Investigative Oversight: An Introduction to the Law, Practice and Procedure of Congressional Inquiry, by [author name scrubbed], and CRS Report RL30240, Congressional Oversight Manual, by [author name scrubbed] et al.
This report will be updated as events warrant.