[Deschler's Precedents, Volume 4, Chapters 15 - 17]
[Chapter 15. Investigations and Inquiries]
[B. Inquiries and the Executive Branch]
[Â§ 5. Legislation to Obtain Information]
[From the U.S. Government Publishing Office, www.gpo.gov]


[Page 2342-2352]
 
                               CHAPTER 15
 
                      Investigations and Inquiries
 
                 B. INQUIRIES AND THE EXECUTIVE BRANCH
 
Sec. 5. Legislation to Obtain Information

    Some statutes require agencies to provide information to selected 
committees. An executive agency, on the request of the Committee on 
Government Operations of the House, or any seven members thereof, or on 
request of the Committee on Government Operations of the Senate, or any 
five members thereof, is required to submit any information requested 
of it relating to any matter within the jurisdiction of the 
committee.(8)
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 8. 5 USC Sec. 2954; Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 413.
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    The Atomic Energy Commission is required to keep the Joint 
Committee on Atomic Energy fully and currently informed with respect to 
all commission activities.(9~) The

[[Page 2343]]

Department of Defense is required to keep the joint committee fully and 
currently informed with respect to all matters within the department 
relating to the development, utilization, or application of atomic 
energy. Any government agency is required to furnish any information 
requested by the joint committee with respect to the activities or 
responsibilities of that agency in the field of atomic 
energy.(10)
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 9. 42 USC Sec. 2252; Aug. 1, 1946, c. 724, Sec. 202, as added Aug. 30, 
        1954, c. 1073 Sec. 1, 68 Stat. 956, and amended Sept. 6, 1961, 
        Pub. L. 87-206, Sec. 17, 75 Stat. 479; Mar. 26, 1964, Pub. L. 
        88-294, 78 Stat. 172. By Pub. L. 93-438, the AEC was abolished 
        and its functions transferred to the Nuclear Regulatory 
        Commission and the Energy Research and Development 
        Administration. The jurisdiction of the joint committee was 
        eliminated in the 95th Congress.
10. Id.
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    Other statutes encourage government personnel, as distinguished 
from departments and agencies to supply information to Congress. The 
right of federal employees, individually or collectively, to furnish 
information to either House of Congress or to a committee or member 
thereof, may not be interfered with or denied.(11) Upon the 
request of a congressional committee, joint committee, or member of 
such committee, an officer or employee of the Department of State, the 
U.S. Information Agency, the Agency for International Development, the 
U.S. Arms Control and Disarmament Agency, or any other department, 
agency, or independent establishment of the U.S. government primarily 
concerned with matters relating to foreign countries or multilateral 
organizations, may express views and opinions and make recommendations 
if the request of the committee or member of the committee relates to a 
subject within the jurisdiction of that committee.(12)
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11. 5 USC Sec. 7102; Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 523.
12. 2 USC Sec. 194a; Pub. L. 92-352, title V, Sec. 502, July 13, 1972, 
        86 Stat. 496, amended Pub. L. 93-126, Sec. 17, Oct. 18, 1973, 
        87 Stat. 455.                          -------------------
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Concurrent Resolution

Sec. 5.1 The Senate approved a concurrent resolution to establish a 
    procedure assuring Congress the full and prompt production of 
    information requested from federal officers and employees but the 
    procedures therein never became effective since not approved by the 
    House.

[[Page 2344]]

    On Dec. 18, 1973,(13) the Senate by voice vote approved 
Senate Concurrent Resolution 30:
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13. 119 Cong. Rec. 42105, 42106, 93d Cong. 1st Sess., see also S. Rept. 
        No. 93-613.
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        Whereas the withholding from either House of Congress, or from 
    the committees of Congress and subcommittees thereof by officers or 
    employees of the United States of any information, including 
    testimony, records, or documents, or other material requested by 
    the Congress in order to enable it to exercise a legislative 
    function under the Constitution erodes the system of checks and 
    balances prescribed by the Constitution, unless such withholding is 
    justified by the President to the Congress and, if necessary, 
    determined by the Judiciary to be proper: Now, therefore, be it
        Resolved by the Senate (the House of Representatives 
    concurring), (a) That, when an officer or employee of the United 
    States is summoned to testify or to produce information, records, 
    documents, or other material before either House of Congress or a 
    committee of the Congress or subcommittee thereof, that officer or 
    employee shall appear at the time and place specified and shall 
    answer all questions propounded to him, or produce all information, 
    including records, documents, and other material sought, unless, in 
    the case of an officer or employee of a Federal agency in the 
    executive branch, either within twenty days of the date of the 
    summons, or, in the case of any such information which was first 
    requested at an appearance, within ten days after that appearance, 
    the President formally and expressly instructs the officer or 
    employee in writing to withhold the information requested, 
    including answers to specific questions, or specific records, 
    documents, or other material, in which event such Presidential 
    instruction shall set forth the grounds on which it is based.
        (b) Each written Presidential instruction pursuant to 
    subsection (a) shall be transmitted to the House of Congress or 
    committee of the Congress or subcommittee thereof requesting the 
    information, proposing the questions, or seeking the records, 
    documents, or other material.
        Sec. 2. (a) If a House of Congress or a committee of Congress--
        (1) determines that an officer or employee of the United States 
    has failed to comply with the provisions of section 1(a); or
        (2) upon consideration of the Presidential instruction 
    transmitted pursuant to section 1(b), determines that the 
    information requested is needed to enable it to exercise a 
    legislative function under the Constitution, it shall prepare a 
    written report setting forth such determination. In the case of a 
    committee, the chairman is authorized, subject to the approval of 
    the committee, to issue a subpena requiring such officer or 
    employee to appear before the committee at a time specified and to 
    provide the information requested by answering the question or 
    questions propounded and to produce any information, including 
    records, documents, or other material requested. In the case of a 
    House of Congress, the majority or minority leader shall introduce 
    a resolution citing such determination and authorizing the ma

[[Page 2345]]

    jority or minority leader of that House to issue a subpena 
    requiring such officer or employee to appear before such House and 
    to provide the information requested by answering the question or 
    questions propounded and to produce any information, including 
    records, documents, or other material requested.
        (b) If a committee of the Congress, or the majority or minority 
    leader of a House of Congress determines that an officer or 
    employee of the United States has failed to comply with a subpena 
    issued pursuant to subsection (a) within fifteen days after such 
    officer or employee receives such subpena, the chairman of such 
    committee or the majority or minority leader of such House shall 
    file--
        (1) in the case of a House of Congress, a resolution with such 
    House;
        (2) in the case of a joint committee, a concurrent resolution 
    with both Houses of Congress; and
        (3) in the case of a committee, a resolution with its House of 
    Congress; with a report and record of the proceedings relating to 
    such subpena. Congress, in the case of any such concurrent 
    resolution, and the House of Congress with which any such 
    resolution is filed, shall take such action as it deems proper with 
    respect to the disposition of such concurrent resolution or 
    resolution.
        (c)(1) A resolution introduced pursuant to subsections (a) or 
    (b) shall not be referred to a committee and shall be privileged 
    business for immediate consideration. It shall at any time be in 
    order (even though a previous motion to the same effect has been 
    disagreed to) to move to proceed to the consideration of the 
    resolution. Such motion shall be highly privileged and not 
    debatable. An amendment to the motion shall not be in order, and it 
    shall not be in order to move to reconsider the vote by which the 
    motion is agreed to or disagreed to.

        (2) If the motion to proceed to the consideration of the 
    resolution is agreed to, debate thereon shall be limited to two 
    hours, which shall be divided equally between those favoring and 
    those opposing the resolution. A motion further to limit debate 
    shall not be debatable. No amendment to, or motion to recommit, the 
    resolution shall be in order, and it shall not be in order to move 
    to reconsider the vote by which the resolution is agreed to or 
    disagreed to.
        (3) Motions to postpone, made with respect to the consideration 
    of the resolution, and motions to proceed to the consideration of 
    other business, shall be decided without debate.
        (4) All appeals from the decisions of the Chair relating to the 
    application of the rules of the Senate or the House of 
    Representatives, as the case may be, to the procedure relating to 
    the resolution shall be decided without debate.
        Sec. 3. (a) Each House of Congress and each committee or 
    subcommittee of the Congress shall take appropriate measures to 
    insure the confidentiality of any information made available to it 
    which, in the judgment of the Federal agency providing it and the 
    House of Congress or committee or subcommittee of the Congress 
    receiving it, requires protection against disclosure which would 
    endanger (1) personal privacy, (2) trade secrets or confidential 
    commercial or financial information, or

[[Page 2346]]

    (3) the conduct of the national defense, foreign policy, or law 
    enforcement activities.
        (b) The Select Committee on Standards and Conduct of the Senate 
    shall investigate any breach of confidentiality of information made 
    available under this part by a Member or employee of the Senate, 
    and the Committee on Standards of Official Conduct of the House of 
    Representatives shall investigate any breach of confidentiality of 
    information made available under this part by a Member or employee 
    of the House of Representatives. Such committee shall recommend 
    appropriate action such as censure or removal from office or 
    position.
        Sec. 4. For purposes of this resolution:
        (1) The term ``committee of the Congress'' means any joint 
    committee of the Congress or any standing committee, special 
    committee, or select committee of either House of Congress.
        (2) The term ``Federal agency'' has the same meaning given that 
    term under section 207 of the Legislative Reorganization Act of 
    1970 and includes the Executive Office of the President.
        Sec. 5. (a) Nothing in this resolution shall be construed to 
    require the furnishing or production of any information, records, 
    documents, or other material to either House of Congress if such 
    furnishing or production is prohibited by an Act of Congress.
        (b) Nothing in this resolution shall be construed as in any way 
    impairing the effectiveness or availability of any other procedure 
    whereby Congress may obtain information needed to enable it to 
    exercise a legislative function under the Constitution.

    The final disposition of this resolution (S. Con. Res. 30) in the 
House was referral to the Committee on Rules by the Speaker.

Bill

Sec. 5.2 The Senate approved a bill, not acted upon by the House, known 
    as the Congressional Right to Information Act to establish a 
    procedure assuring full and complete disclosure of information 
    requested from federal officers and employees.

    On Dec. 18, 1973,(14) the Senate approved S. 
2432:(15)
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14. 119 Cong. Rec. 42101-05, 93d Cong. 1st Sess.
15. See S. Rept. No. 93-612 for the report on the bill.
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        That this Act may be cited as the ``Congressional Right to 
    Information Act''.
        Sec. 2. (a) Title III of the Legislative Reorganization Act of 
    1970 is amended by adding at the end thereof the following new 
    part:

                     Part 4--Keeping the Congress Informed

                       informing congressional committees

            Sec. 341. (a) The head of every Federal agency shall keep 
        each committee of the Congress and the subcommittees thereof 
        fully and cur

[[Page 2347]]

        rently informed with respect to all matters relating to that 
        agency which are within the jurisdiction of such committee or 
        subcommittee.
            (b) The head of a Federal agency, on request of a committee 
        of the Congress or a subcommittee thereof or on request of two-
        fifths of the members thereof, shall submit any information 
        requested of such agency head relating to any matter within the 
        jurisdiction of the committee or subcommittee.

                           production of information

            Sec. 342. (a) When an officer or employee of the United 
        States is summoned to testify or to produce information, 
        records, documents, or other material before either House of 
        Congress or a committee of the Congress or subcommittee 
        thereof, that officer or employee shall appear at the time and 
        place specified and shall answer all questions propounded to 
        him, or produce all information, including records, documents, 
        and other material sought, unless, in the case of an officer or 
        employee of a Federal agency in the executive branch, either 
        within twenty days of the date of the summons, or, in the case 
        of any such information which was first requested at an 
        appearance, within ten days after that appearance, the 
        President formally and expressly instructs the officer or 
        employee in writing to withhold the information requested, 
        including answers to specific questions, or specific records, 
        documents, or other material, in which event such Presidential 
        instruction shall set forth the grounds on which it is based.
            (b) Each written Presidential instruction pursuant to 
        subsection (a) shall be transmitted to the House of Congress or 
        committee of the Congress or subcommittee thereof requesting 
        the information, proposing the questions, or seeking the 
        records, documents, or other material.

                             subpena of information

            Sec. 343. (a) If a House of Congress or a committee of 
        Congress--
            (1) determines that an officer or employee of the United 
        States has failed to comply with the provisions of section 
        342(a); or
            (2) upon consideration of the Presidential instruction 
        transmitted pursuant to section 342 (b), determines that the 
        information requested is needed to enable it to exercise a 
        legislative function under the Constitution it shall prepare a 
        written report setting forth such determination. In the case of 
        a committee, the chairman is authorized, subject to the 
        approval of the committee, to issue a subpena requiring such 
        officer or employee to appear before the committee at a time 
        specified and to provide the information requested by answering 
        the question or questions propounded and to produce any 
        information, including records, documents, or other material 
        requested. In the case of a House of Congress, the majority 
        leader shall introduce a resolution citing such determination 
        and authorizing the majority leader of that House to issue a 
        subpena requiring such officer or employee to appear before 
        such House and to provide the information requested by 
        answering the question or questions propounded and to produce 
        any information, including records, documents, or other 
        material requested.
            (b)(1) If a committee of the Congress determines that an 
        officer or employee of the United States has failed to comply 
        with a subpena issued pursuant to subsection (a) within fifteen 
        days after such officer or employee receives such subpena, the 
        chairman of such committee is authorized, subject to the 
        provisions of paragraph (2), to bring a civil action in the 
        United States District Court for the District of Columbia to 
        enforce such subpena.
            (2) If a committee of the Congress referred to in paragraph 
        (1) deter

[[Page 2348]]

        mines that the chairman of such committee should institute a 
        civil action in the United States District Court for the 
        District of Columbia to enforce the subpena issued by it 
        pursuant to subsection (a), the chairman shall introduce a 
        resolution in the House or Houses of Congress concerned citing 
        the failure to comply with the subpena of the committee and 
        authorizing the chairman to bring a civil action in such 
        purpose. If such resolution is agreed to by the House or Houses 
        of Congress concerned, the chairman shall institute a civil 
        action in the United States Court for the District of Columbia 
        to enforce the subpena.
            (c) If a House of Congress determines that an officer or 
        employee of the United States has failed to comply with a 
        subpena issued pursuant to subsection (a) within fifteen days 
        after such officer or employee receives such subpena, the 
        majority or minority leader of that House shall introduce a 
        resolution citing such failure to comply and authorizing the 
        majority or minority leader of that House to bring a civil 
        action in the United States District Court for the District of 
        Columbia to enforce such subpena.
            (d)(1) A resolution introduced pursuant to subsections (a), 
        (b) (2), or (c) shall not be referred to a committee and shall 
        be privileged business for immediate consideration. It shall at 
        any time be in order (even though a previous motion to the same 
        effect has been disagreed to) to move to proceed to the 
        consideration of the resolution. Such motion shall be highly 
        privileged and not debatable. An amendment to the motion shall 
        not be in order, and it shall not be in order to move to 
        reconsider the vote by which the motion is agreed to or 
        disagreed to.
            (2) If the motion to proceed to the consideration of the 
        resolution is agreed to, debate thereon shall be limited to two 
        hours, which shall be divided equally between those favoring 
        and those opposing the resolution. A motion further to limit 
        debate shall not be debatable. No amendment to, or motion to 
        recommit, the resolution shall be in order, and it shall not be 
        in order to move to reconsider the vote by which the resolution 
        is agreed to or disagreed to.
            (3) Motions to postpone, made with respect to the 
        consideration of the resolution, and motions to proceed to the 
        consideration of other business, shall be decided without 
        debate.
            (4) All appeals from the decisions of the Chair relating to 
        the application of the rules of the Senate or the House of 
        Representatives, as the case may be, to the procedure relating 
        to the resolution shall be decided without debate.
            (e) The provisions of subsection (d) of this section are 
        enacted by the Congress--
            (1) as an exercise of the rulemaking power of the Senate 
        and the House of Representatives, respectively, and as such 
        they shall be considered as part of the rules of each House, 
        respectively; and such rules shall supersede other rules only 
        to the extent that they are inconsistent therewith; and
            (2) with full recognition of the constitutional right of 
        either House to change such rules (so far as relating to the 
        procedure in such House) at any time, in the same manner, and 
        to the same extent as in the case of any other rule of such 
        House.

                                judicial review

            Sec. 344. (a) The United States District Court for the 
        District of Columbia shall have original jurisdiction of 
        actions brought pursuant to section 343 of this Act without 
        regard to the sum or value of the matter in controversy. The 
        court shall have power to issue a mandatory injunction or other 
        order as may be ap

[[Page 2349]]

        propriate, and to make and enter a decree enforcing, modifying, 
        and enforcing as so modified, or setting aside in whole or in 
        part the subpena issued pursuant to section 343 of this Act.
            (b) Any congressional party commencing or prosecuting an 
        action pursuant to this section may be represented in such 
        action by such attorneys as it may designate.
            (c) Appeal of the judgment and orders of the court in such 
        actions shall be had in the same manner as actions brought 
        against the United States under section 1346 of title 28, 
        United States Code.
            (d) The courts shall give precedence over all other civil 
        actions to actions brought under this part.

                           protection of information

            Sec. 345. (a) Each House of Congress and each committee or 
        subcommittee of the Congress shall take appropriate measures to 
        insure the confidentiality of any information made available to 
        it under this part which, in the judgment of the Federal agency 
        providing it and the House of Congress or committee or 
        subcommittee of the Congress receiving it, requires protection 
        against disclosure which would endanger (1) personal privacy, 
        (2) trade secrets or confidential commercial or financial 
        information, or (3) the conduct of the national defense, 
        foreign policy, or law enforcement activities.
            (b) The Select Committee on Standards and Conduct of the 
        Senate shall investigate any breach of confidentiality of 
        information made available under this part by a Member or 
        employee of the Senate, and the Committee on Standards of 
        Official Conduct of the House of Representatives shall 
        investigate any breach of confidentiality of information made 
        available under this part by a Member or employee of the House 
        of Representatives. Such committee shall recommend appropriate 
        action such as censure or removal from office or position.

                                  definitions

            Sec. 346. For purposes of this part:
            (1) The term ``committee of the Congress'' means any joint 
        committee of the Congress or any standing committee, special 
        committee, or select committee of either House of Congress.
            (2) The term ``Federal agency'' has the same meaning given 
        that term under section 207 of this Act, and includes the 
        Executive Office of the President.

                               savings provisions

            Sec. 347. (a) Nothing in this part shall be construed to 
        require the furnishing or production of any information, 
        records, documents, or other material to either House of 
        Congress if such furnishing or production is prohibited by an 
        Act of Congress.
            (b) Nothing in this part shall be construed as in any way 
        impairing the effectiveness or availability of any other 
        procedure whereby Congress may obtain information needed to 
        enable it to exercise a legislative function under the 
        Constitution.

        (b) Title III of the table of contents of the Legislative 
    Reorganization Act of 1970 is amended by adding at the end thereof 
    the following:

                     Part 4--Keeping the Congress Informed

        Sec. 341. Informing congressional committees.
        Sec. 342. Production of information.
        Sec. 343. Subpena of information.
        Sec. 344. Judicial review.
        Sec. 345. Protection of information.
        Sec. 346. Definitions.
        Sec. 347. Savings provisions.

[[Page 2350]]

    The final disposition of this measure (Senate Bill 2432) in the 
House was referral to the Committee on Rules by the Speaker.

Joint Resolution

Sec. 5.3 The House approved a joint resolution, not passed by the 
    Senate, directing all executive departments and agencies of the 
    federal government to make available to committees and 
    subcommittees of the House and Senate information which may be 
    deemed necessary to enable them properly to perform duties 
    delegated to them by the Congress.

    On May 13, 1948,(16) the House, after rejecting a motion 
to recommit on a roll call vote of 145 yeas to 217 nays, approved House 
Joint Resolution 342 by a roll call vote of 219 yeas to 142 nays. The 
text of the joint resolution follows: (17)
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16. 94 Cong. Rec. 5822, 80th Cong. 2d Sess.; debate on this joint 
        resolution appears on pp. 5700-43 and 5807-22, on May 12 and 
        13, 1948, respectively. The report on this measure is H. Rept. 
        No. 1595.
17. This copy of the joint resolution is the final form which was sent 
        to the Senate, read twice, and referred to the Committee on 
        Expenditures in the Executive Departments. Referral to the 
        committee was the final Senate disposition. The text that 
        appears in the Congressional Record is not given here because 
        it was amended several times.
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        Resolved by the Senate and House of Representatives of the 
    United States of America in Congress assembled, That all executive 
    departments and agencies of the Federal Government created by the 
    Congress, and the Secretaries thereof, and all individuals acting 
    under or by virtue of authority granted said departments and 
    agencies, are, and each of them hereby is, authorized and directed 
    to make available and to furnish to any and all of the standing, 
    special, or select committees of the House of Representatives and 
    the Senate, acting under the authority of any Federal statute, 
    Senate or House resolution, joint or concurrent resolution, such 
    information, books, records, and memoranda in the possession of or 
    under the control of any of said departments, agencies, 
    Secretaries, or individuals as may, by any of said committees, be 
    deemed to be necessary to enable it to carry on the investigations, 
    perform the duties, falling within its jurisdiction, when requested 
    to do so: Provided, That said request shall be made only by a 
    majority vote of all the members of the committee voting therefor 
    at a formal meeting of the committee: And provided further, That if 
    the committee be a committee created by the Senate, upon approval 
    of the President or President pro tempore of the Senate: And 
    provided further, That if the committee making such request be a 
    committee created by or acting under the authority of the House of 
    Representatives, upon approval of the Speaker or Acting Speaker of 
    the House of Representatives, such major

[[Page 2351]]

    ity vote of the committee to be shown by a certificate of the 
    chairman of the committee, countersigned by the clerk; the approval 
    of the President or President pro tempore of the Senate or the 
    Speaker or Acting Speaker of the House of Representatives to be 
    shown by letter over his signature. Any officer or employee in any 
    such executive department or agency who fails or refuses to comply 
    with a request of any committee of the Congress made in accordance 
    with the foregoing provisions of this section shall, upon 
    conviction thereof, be punished by a fine not exceeding $1,000 or 
    by imprisonment for not exceeding 1 year, or both, at the 
    discretion of the court.
        Sec. 2. When, by virtue of section 1, any committee of the 
    Congress shall have received information, books, records or 
    memoranda from any of the departments, agencies, Secretaries, or 
    individuals in pursuance of a request made under the authority of 
    said section, it shall forthwith, by majority vote of the 
    membership of said committee, determine what, if any, part of such 
    information shall be made public and what part shall be deemed to 
    be confidential, and it shall thereafter be unlawful for any member 
    of said committee or any employee thereof to divulge or to make 
    known in any manner whatever not provided by law to any person any 
    part of the information so disclosed to said committee and which 
    has by said committee been declared to be confidential; and any 
    offense against the foregoing provision shall be a misdemeanor and 
    shall be punished by fine not exceeding $1,000 or by imprisonment 
    not exceeding one year, or both, at the discretion of the court; 
    and, if the offender be an employee of the United States, he shall 
    be dismissed from office or discharged from employment.
        Sec. 3. It shall be unlawful for any individual, while or after 
    holding any office or employment under the United States 
    Government, to appropriate or take custody of, for his own 
    unofficial use or the unofficial use of any other person, any 
    papers, documents, or records (other than those which are of a 
    character strictly personal to him) to which he has or had access 
    solely by reason of holding or having held such office or 
    employment. Any individual who willfully violates this section 
    shall, upon conviction thereof, be punished by a fine not exceeding 
    $1,000, or by imprisonment for not exceeding one year, or both, at 
    the discretion of the court.
        Sec. 4. If any provision of this joint resolution, or the 
    application of such provision to any person or circumstance, is 
    held invalid, the remainder of the joint resolution, or the 
    application of such provision to persons or circumstances other 
    than those as to which it is held invalid, shall not be affected 
    thereby.
        Sec. 5. Nothing contained herein shall alter the procedure for 
    inspection of tax returns by committees of Congress prescribed by 
    section 55d of the Internal Revenue Code: Provided, That nothing 
    herein contained shall alter any provision of law which expressly 
    protects from disclosure specified categories of information 
    obtained by executive departments and agencies.
        Sec. 6. This joint resolution shall become effective on the 
    tenth day after the date of its enactment.

    This joint resolution was passed subsequent to President Truman's

[[Page 2352]]

refusal to permit the Secretary of Commerce to respond to a resolution 
of inquiry requesting a letter from the Director of the Federal Bureau 
of Investigation to the Secretary regarding the loyalty file on Dr. 
Edward U. Condon, Director of the National Bureau of 
Standards.(18)
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18. See Sec. 2.20, supra, for a discussion of the resolution of 
        inquiry.
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