[House Report 117-501]
[From the U.S. Government Publishing Office]


117th Congress    }                                   {     Report
                        HOUSE OF REPRESENTATIVES
 2d Session       }                                   {     117-501

======================================================================

 
   RESOLUTION OF INQUIRY DIRECTING THE SECRETARY OF THE INTERIOR TO 
TRANSMIT CERTAIN DOCUMENTS TO THE HOUSE OF REPRESENTATIVES RELATING TO 
  THE ACTIONS OF THE DEPARTMENT OF THE INTERIOR'S DEPARTMENTAL ETHICS 
                                 OFFICE

                                _______
                                

 September 28, 2022.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

 Mr. Grijalva, from the Committee on Natural Resources, submitted the 
                               following

                             ADVERSE REPORT

                             together with

                            DISSENTING VIEWS

                      [To accompany H. Res. 1253]

    The Committee on Natural Resources, to whom was referred 
the resolution (H. Res. 1253) of inquiry directing the 
Secretary of the Interior to transmit certain documents to the 
House of Representatives relating to the actions of the 
Department of the Interior's Departmental Ethics Office, having 
considered the same, reports unfavorably thereon with an 
amendment and recommends that the resolution as amended not be 
agreed to.
  Strike all after the resolving clause and insert the 
following:

  That the Secretary of the Interior is directed to transmit, to the 
House of Representatives, not later than 14 days after the date of the 
adoption of this resolution, copies of any document, memorandum, 
correspondence, and other communication or any portion of any such 
communication, that refers or relates to the operation of the 
Department of the Interior's Departmental Ethics Office and the 
creation of ethics guidance, including the following:
          (1) Any documents and communications relating to the process 
        for creating ethics compliance materials, including but not 
        limited to any reference to--
                  (A) the creation of Ethics Guidance on Recusal 
                Obligations;
                  (B) the creation of Ethics Recusal and Screening 
                Arrangements;
                  (C) how the Departmental Ethics Office collects 
                information from political appointees; and
                  (D) how the Departmental Ethics Office verifies the 
                information provided by political appointees.
          (2) Any documents and communications relating to the time 
        frame in which political appointees are provided final ethics 
        guidance.
          (3) Any documents and communications relating to ethics 
        waivers for political appointees; including but not limited to 
        any reference to--
                  (A) requests for ethics waivers;
                  (B) denying an ethics waiver; and
                  (C) granting an ethics waiver.
          (4) Any documents and communications relating to the drafting 
        and finalization of ethics guidance for all Interior Department 
        political appointees.
          (5) Any meeting or communication that occurred between the 
        Designated Agency Ethics Official and all Interior Department 
        political appointees, relating to the drafting and finalization 
        of ethics guidance.

                       PURPOSE OF THE LEGISLATION

    The purpose of H. Res. 1253 is to direct the Secretary of 
the Interior to transmit certain documents to the House of 
Representatives relating to the actions of the Department of 
the Interior's Departmental Ethics Office.

                 BACKGROUND REGARDING THIS LEGISLATION

    A resolution of inquiry (ROI) is a simple resolution (as 
opposed to a joint resolution or concurrent resolution) that 
makes a nonbinding demand for the Executive Branch to provide 
the U.S. House of Representatives with specific information.\1\ 
Pursuant to clause 7 of rule XIII of the Rules of the House of 
Representatives, if the committee of referral does not report a 
properly drafted ROI back to the House within 14 legislative 
days of the ROI's introduction, then any Member may offer a 
non-debatable motion on the House Floor that such ROI be 
discharged from committee. By contrast, if an ROI is reported 
to the House within the 14-day window, then only a Member 
authorized by the committee may call up the resolution on the 
floor.
---------------------------------------------------------------------------
    \1\See generally Christopher M. Davis, Cong. Res. Serv., IN10661, 
Resolutions of Inquiry in the House (updated July 21, 2022) https://
www.crs.gov/Reports/IN10661 and Christopher M. Davis, Cong. Res. Serv., 
R40879, Resolutions of Inquiry: An Analysis of Their Use in the House, 
1947-2017 (updated Nov. 9, 2017), https://www.crs.gov/reports/pdf/
R40879--of which the above text is largely excerpts.
---------------------------------------------------------------------------

                            COMMITTEE ACTION

    H. Res. 1253 was introduced on July 22, 2022, by Ranking 
Member Bruce Westerman (R-AR). The resolution was referred 
solely to the Committee on Natural Resources, and within the 
Committee to the Subcommittee on Oversight and Investigations. 
On September 15, 2022, the Natural Resources Committee met to 
consider the legislation. The Subcommittee was discharged by 
unanimous consent. Chair Raul M. Grijalva (D-AZ) offered an 
amendment in the nature of a substitute, which was agreed to by 
voice vote. A recorded vote was requested and postponed on 
adopting the legislation as amended and ordering it reported 
unfavorably to the House. The Committee adjourned.
    On September 21, 2022, the Natural Resources Committee met 
to continue its consideration of the measure. The resolution, 
as amended, was adopted and ordered reported unfavorably to the 
House of Representatives by a roll call vote of 24 yeas and 18 
nays, as follows:

		[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

                                HEARINGS

    Clause 3(c)(6) of House rule XIII requires designating a 
hearing as used to develop or consider certain bills and joint 
resolutions. The provision does not apply to simple 
resolutions.

            COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

    To the extent that clause 2(b)(1) of rule X and clause 
3(c)(1) of rule XIII of the Rules of the House of 
Representatives may apply, the Committee on Natural Resources' 
oversight findings and recommendations are reflected in the 
body of this report.

                  COMPLIANCE WITH HOUSE RULE XIII AND 
                        CONGRESSIONAL BUDGET ACT

    1. Cost of Legislation and the Congressional Budget Act. 
The Committee notes that the requirements of clause 3(c)(2) of 
rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974 do not 
apply to committee reports on simple resolutions.\2\ Clause 
3(c)(3) of rule XIII of the Rules of the House of 
Representatives and section 402 of the Congressional Budget Act 
of 1974 also do not apply to simple resolutions.\3\ The 
Committee notes that clause 3(d) of rule XIII of the Rules of 
the House of Representatives as well does not apply to 
committee reports on simple resolutions.
---------------------------------------------------------------------------
    \2\See Congressional Budget and Impoundment Control Act of 1974, 
Pub. L. No. 93-344, Sec. 308(a), 88 Stat. 297, 313 (1974), https://
uscode.house.gov/statviewer.htm?volume=88&page=313 (codified as 2 
U.S.C. Sec.  639(a)) (statutory compilation through P.L. 116-94 at 
https://www.govinfo.gov/content/pkg/COMPS-10356/pdf/COMPS-10356.pdf) 
(explicitly limiting the subsection's various requirements to (1) ``a 
bill or joint resolution, or committee amendment thereto, providing new 
budget authority'', (2) a conference report, or (3) PAYGO legislation).
    \3\Compare Pub. L. No. 93-344, at Sec. 402 (codified as 2 U.S.C. 
Sec.  653) (limiting the section's requirements to ``each bill or 
resolution of a public character'' reported by a committee (emphasis 
added)), with, e.g., Jane A. Hudiburg, Cong. Res. Serv., R46603, Bills, 
Resolutions, Nominations, and Treaties: Characteristics and Examples of 
Use 4 (2020), https://www.crs.gov/reports/pdf/R46603 (noting that 
simple resolutions govern only ``the internal affairs of one chamber'' 
of congress and are not used for enacting public law).
---------------------------------------------------------------------------
    To the extent that any of the preceding requirements may 
nonetheless apply, the Committee notes that it has requested 
but not received a cost estimate for this legislation from the 
Director of Congressional Budget Office. The Committee adopts 
as its own cost estimate any forthcoming cost estimate of the 
Director of the Congressional Budget Office, should such cost 
estimate be made available before House agreement to the 
resolution. The Committee has requested but not received from 
the Director of the Congressional Budget Office a statement as 
to whether this legislation contains any new budget authority, 
spending authority, credit authority, or an increase or 
decrease in revenues or tax expenditures.
    2. General Performance Goals and Objectives. To the extent 
that clause 3(c)(4) of rule XIII of the Rules of the House of 
Representatives may apply, the general performance goals and 
objectives of this resolution are to express a nonbinding 
demand from the House to the Executive Branch for certain 
documents as described in the text of the resolution.

                           EARMARK STATEMENT

    Clause 9 of rule XXI of the Rules of the House of 
Representatives does not apply to reports on simple 
resolutions. However, the Committee finds that the legislation 
does not contain any Congressional earmarks, limited tax 
benefits, or limited tariff benefits as defined under clause 
9(e), 9(f), and 9(g) of rule XXI.

                 UNFUNDED MANDATES REFORM ACT STATEMENT

    Section 423 of the Unfunded Mandates Reform Act does not 
apply to committee reports on simple resolutions. However, the 
Committee finds that the legislation contains no unfunded 
mandates as defined by the Unfunded Mandates Reform Act.

                           EXISTING PROGRAMS

    Clause 3(c)(5) of rule XIII of the Rules of the House of 
Representatives does not apply to committee reports on simple 
resolutions. However, the Committee finds that the legislation 
does not establish or reauthorize a program of the federal 
government known to be duplicative of another program.

                  APPLICABILITY TO LEGISLATIVE BRANCH

    Section 102(b)(3) of the Congressional Accountability Act 
does not apply to committee reports on simple resolutions. In 
any event, the Committee finds that the legislation does not 
relate to the terms and conditions of employment or access to 
public services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

               PREEMPTION OF STATE, LOCAL, OR TRIBAL LAW

    The Committee finds that the resolution, if agreed to by 
the House, would not have the force of law and therefore would 
have no preemptive effect over state, local, or tribal law.

                        CHANGES IN EXISTING LAW

    Clause 3(e) of rule XIII of the Rules of the House of 
Representatives does not apply to committee reports on simple 
resolutions. In any event, the Committee finds that this 
legislation, if agreed to by the House, would make no changes 
to existing law.

                            DISSENTING VIEWS

    H. Res. 1253 directs the Secretary of the Interior to 
transmit communications and documents regarding the operation 
of the Department of the Interior's Departmental Ethics office. 
The Resolution of Inquiry seeks information related to the 
creation of ethics guidance for Department of the Interior 
employees.
    Over the course of 14 months, I have requested information 
from the Departmental Ethics Office related to the ethical 
compliance of several political appointees at the Department of 
the Interior. The 60 documents requests I made have not yet all 
been satisfied. Concerningly, when the Departmental Ethics 
Office provides partial responses, it is not doing so promptly. 
For example, it took 155 days for the Department of the 
Interior to provide one political appointee's signed ethics 
pledge, OGE Form 278, and copies of interim and final ethics 
guidance. These documents should have been readily available to 
provide to the Committee.
    An Office of Inspector General's report, ``Bureau of Land 
Management Official Did Not Comply with the Federal Ethics 
Pledge,'' released on August 18, 2022, compounded my concerns 
about the operation of the Departmental Ethics Office. The 
report described that while the Departmental Ethics Office 
relied on a Bureau of Land Management official to verify the 
accuracy of interim ethics guidance, the Bureau of Land 
Management official deferred to the Departmental Ethics Office 
to provide accurate guidance. As a result, the Bureau of Land 
Management official operated under inaccurate ethics guidance 
and ultimately violated her federal ethics pledge.
    Reporting H. Res. 1253 favorably from Committee would have 
allowed the House of Representatives to seek documents 
providing greater visibility into the Departmental Ethics 
Office. The Department of the Interior would have been required 
to provide information about how the Departmental Ethics Office 
created ethics guidance, granted ethics waivers, and verified 
the information provided to them by political appointees. The 
requested documents would have shed light on whether the 
Departmental Ethics Office was fulfilling its mandate to 
promote an ethical workplace culture. Ultimately, favorably 
reporting this Resolution of Inquiry would have brought much 
needed to transparency to the processes and procedures in place 
at the Departmental Ethics Office.
    For these reasons, I oppose reporting H. Res. 1253 
unfavorably.

                                                   Bruce Westerman.

                                  
                                  
                                  [all]