49–006 

109TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 109–527 

REQUESTING THE PRESIDENT AND DIRECTING THE ATTORNEY GENERAL 

TO SUBMIT TO THE HOUSE OF REPRESENTATIVES ALL DOCUMENTS IN 

THE POSSESSION OF THE PRESIDENT AND THE ATTORNEY GENERAL 

RELATING TO REQUESTS MADE BY THE NATIONAL SECURITY AGENCY 

AND OTHER FEDERAL AGENCIES TO TELEPHONE SERVICE PROVIDERS 

REQUESTING ACCESS TO TELEPHONE COMMUNICATIONS RECORDS OF 

PERSONS IN THE UNITED STATES AND COMMUNICATIONS ORIGINATING 

AND TERMINATING WITHIN THE UNITED STATES WITHOUT A WARRANT 

JUNE 23, 2006.—Referred to the House Calendar and ordered to be printed 

Mr. SENSENBRENNER, from the Committee on the Judiciary, 

submitted the following 

R E P O R T 

[To accompany H. Res. 819] 

The Committee on the Judiciary, to whom was referred the resolution (H. Res. 819) requesting the President and directing the Attorney General to submit to the House of Representatives all documents in the possession of the President and the Attorney General 

relating to requests made by the National Security Agency and 

other Federal agencies to telephone service providers requesting access to telephone communications records of persons in the United 

States and communications originating and terminating within the 

United States without a warrant, having considered the same, report favorably thereon without amendment and recommend that 

the resolution be agreed to. 

PURPOSE AND SUMMARY

House Resolution 819, introduced by Representative Wexler (D– 

FL) on May 17, 2006, requests the President and directs the Attorney General to submit to the House of Representatives all documents, including legal opinions, in the possession of the President 

and the Attorney General relating to requests made by the National Security Agency (NSA) and other Federal agencies to telephone service providers requesting access to telephone communications records of persons in the United States and communications 

originating and terminating within the United States without a 

warrant, subject to necessary redactions or requirements for handling classified documents. 


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1Deschler’s Precedents of the House of Representatives, ch. 24, § 8. 

BACKGROUND

House Resolution 819 is a resolution of inquiry. Under the rules 

and precedents of the House of Representatives, a resolution of inquiry allows the House to request information from the President 

of the United States or to direct the head of one of the executive 

departments to provide such information. More specifically, according to Deschler’s Precedents, it 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. The 

practice is nearly as old as the Republic, and is based on principles 

of comity between the executive and legislative branches rather 

than on any specific provision of the Constitution that a Federal 

court may be called upon to enforce.’’ 1

A committee has a number of choices in considering a resolution 

of inquiry. It may vote on the resolution without amendment, or it 

may amend it. It may report the resolution favorably, adversely, or 

with no recommendation. House Resolution 819 requests documents similar to those requested in House Resolutions that were 

reported adversely earlier this year. Nevertheless, the Committee 

reports this resolution favorably to emphasize to the Executive 

branch the importance of more timely and comprehensive responses to Committee requests. When Attorney General Gonzales 

testified before the Committee on April 6, 2006, the Chairman, 

Ranking Member, and other Members of the Committee expressed 

concern toward the Justice Department’s cooperation in providing 

the Committee with sufficient information related to the Administration’s conduct of the war on terrorism. 

More than three months after the Attorney General testified before the Committee, the Justice Department has failed to fully respond to questions asked during that hearing. This Committee believes that reporting H. Res. 819 favorably will underscore to the 

Administration and the Department of Justice that it is imperative 

that this Committee be provided the information it needs in order 

to conduct appropriate Congressional oversight over this and other 

Administration programs. Among the important information the 

Committee believes it needs in order to conduct this oversight are 

responsive answers to the requests of Mr. Wexler in H. Res. 819, 

including providing ‘‘all legal opinions, relating to requests made 

without a warrant by the National Security Agency or other Federal departments and agencies to telephone service providers . . . 

for access to telephone communications records of persons in the 

United States.’’

HEARINGS

No hearings were held in the Committee on the Judiciary on H. 

Res. 819. 

COMMITTEE CONSIDERATION

On June 21, 2006, the Committee met in open session and favorably reported the resolution H. Res. 819 by a voice vote, a quorum 

being present. 


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VOTE OF THE COMMITTEE

In compliance with clause 3(b) of rule XIII of the Rules of the 

House of Representatives, the Committee notes that there were no 

recorded votes during the Committee consideration of H. Res. 819. 

COMMITTEE OVERSIGHT FINDINGS

In compliance with clause 3(c)(1) of rule XIII of the Rules of the 

House of Representatives, the Committee reports that the findings 

and recommendations of the Committee, based on oversight activities under clause 2(b)(1) of rule X of the Rules of the House of Representatives, are incorporated in the descriptive portions of this report. 

NEW BUDGET AUTHORITY AND TAX EXPENDITURES

Clause 3(c)(2) of rule XIII of the Rules of the House of Representatives is inapplicable because this legislation does not provide new 

budgetary authority or increased tax expenditures. 

COMMITTEE COST ESTIMATE

In compliance with clause 3(d)(2) of rule XIII of the Rules of the 

House of Representatives, the Committee estimates the costs of implementing the resolution would be minimal. The Congressional 

Budget Office did not provide a cost estimate for the resolution. 

PERFORMANCE GOALS AND OBJECTIVES

H. Res. 819 does not authorize funding. Therefore, clause 3(c)(4) 

of rule XIII of the Rules of the House of Representatives is inapplicable. 

CONSTITUTIONAL AUTHORITY STATEMENT

Pursuant to clause 3(d)(1) of rule XIII of the Rules of the House 

of Representatives, the Committee finds that the rule does not 

apply because H. Res. 819 is not a bill or joint resolution that may 

be enacted into law. 

SECTION-BY-SECTION ANALYSIS AND DISCUSSION

The House Resolution would resolve that the President is requested and the Attorney General is directed to submit to the 

House of Representatives, not later than 14 days after the date of 

the adoption of this resolution, all documents in the possession of 

the President and the Attorney General, including all legal opinions, relating to requests made without a warrant by the NSA or 

other Federal departments and agencies to telephone service providers, including wireless telephone service providers, for access to 

telephone communications records of persons in the United States 

(other than as authorized under title I of the Foreign Intelligence 

Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) or chapter 119 or 

121 of title 18, United States Code), subject to necessary redactions 

or requirements for handling classified documents. 


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CHANGES IN EXISTING LAW MADE BY THE RESOLUTION, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, the Committee notes that H. Res. 819 

makes no changes to existing law. 

Æ 


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