Seven Member Rule
The Seven Member Rule (House) / Five Member Rule (Senate) in the United States Congress is an important, but seldom used statute that allows members from the legislature's oversight committees to compel offices within the executive branch to release information.[1] This is a "checks and balances" measure to allow effective oversight. In the Senate it is commonly referred as the "rule of five".[2][3][4][5] On September 6, 1966, Congress updated the law. On November 2, 1994, Congress again updated the law.
Original act
Passed in 1921 by the 67th United States Congress, the Budget and Accounting Act (Pub. L. 67–13, 42 Stat. 20, enacted June 10, 1921). The act created the General Accounting Office, now known as Government Accountability Office (GAO). The act gave the congressional the authority to review federal records of federal programs by performing audits and investigations.[6]
Updates to the act
Passed in 1928 by the 70th United States Congress,[7][8] the law states that:
An Executive agency, on request of the Committee on Government Operations of the House of Representatives, or of any seven members thereof, or on request of the Committee on Governmental Affairs of the Senate, or any five members thereof, shall submit any information requested of it relating to any matter within the jurisdiction of the committee.[9]
— 5 U.S. Code § 2954 - Information to committees of Congress on request
The 89th United States Congress updated the law in 1966. It was passed on September 6, 1966, as Pub. L. 89–554, 80 Stat. 413. Title 5 of the United States Code is a positive law title of the United States Code with the heading "Government Organization And Employees".[10] Prior to the 1966 positive law recodification, Title 5 had the heading, "Executive Departments and Government Officers and Employees."[11][12] The 103rd United States Congress updated the law in 1994. It was passed on November 2, 1994, as Pub. L. 103–437, 108 Stat. 4581.[13] In 2004, the 108th Congress decided to better reflect the mission of the General Accounting Office, it was changed to the Government Accountability Office (GAO).[14]
Usage
It has been invoked on multiple occasions, including:
- In 1994, Republicans invoked the law during the S&L crisis investigations.[citation needed]
- In 2001, Democrats invoked the law to investigate the 2000 United States census.[1][15][16][17][18]
- In 2017, House Democrats sued, invoking the law, to compel the General Services Administration to release documents relating to the lease of the government-owned Old Post Office Pavilion to the Trump International Hotel — the source of much controversy.[19][20][21]
- In 2025, Senate Democrats invoked the law to seek the release of Justice Department materials related to the investigation of financier and accused sex trafficker Jeffrey Epstein.[2][3][4][5]
References
- ^ a b "The "Seven Member Rule"" (PDF). Library of Congress. United States Government Publishing Office. Archived from the original on May 4, 2021. Retrieved November 6, 2017.
{{cite web}}: CS1 maint: bot: original URL status unknown (link) - ^ a b Gold, Michael (July 30, 2025). "Senate Democrats Try to Force Release of Epstein Files With Little-Known Law". The New York Times. The New York Times Company. ISSN 1553-8095. OCLC 1645522. Retrieved July 30, 2025.
- ^ a b Carney, Jordain (July 30, 2025). "Senate Democrats try to force DOJ's hand on Epstein files". Politico. Axel Springer SE. Retrieved July 30, 2025.
- ^ a b Weaver, Al (July 30, 2025). "Jeffrey Epstein files: Democrats turn to obscure rule". The Hill. Nexstar Media Group. ISSN 1521-1568. OCLC 31153202. Retrieved July 30, 2025.
- ^ a b Delaney, Authur; Grenoble, Ryan (July 30, 2025). "Senate Democrats Use Obscure Law To Compel Trump Admin To Turn Over Epstein Files". HuffPost. BuzzFeed. Retrieved July 20, 2025.
- ^ Congressional Digest 1940.
- ^ United States Congress (2004). Secrecy in the Bush administration. Washington, D. C.: United States House Committee on Oversight and Government Reform. p. 73.
- ^ Aldridge, Robert C. (2008). America in Peril (Paperback). Carol Stream, Illinois: Hope Publishing House. p. 155. ISBN 978-1932717150.
- ^ "U.S. Code › Title 5 › Part III › Subpart A › Chapter 29 › Subchapter II › § 2954". Cornell Law School. Cornell University. Retrieved November 6, 2017.
- ^ "United States Code". Office of the Law Revision Counsel. United States Government Publishing Office. Archived from the original on February 8, 1999. Retrieved July 30, 2025.
- ^ United States House Committee on the Judiciary (1965). "United States Code(1964)". HeinOnline. Washington, D. C. p. 111.
- ^ United States Congress (1966). "To enact title 5, United States Code, "Government Organization and Employees", codifying the general and permanent laws relating to the organization of the Government of the United States and to its civilian officers and employees" (PDF). Library of Congress. Washington, D. C.: United States Government Printing Office. Retrieved July 30, 2025.
- ^ United States Congress (1994). "To make technical improvements in the United States Code by amending provisions to reflect the current names of congressional committees" (PDF). Library of Congress. Washington, D. C.: United States Government Printing Office. Retrieved July 30, 2025.
- ^ Walker 2004.
- ^ "Federal officials invoke 1928 rule in Census lawsuit". Lodi News-Sentinel. Central Valley News-Sentinel Inc. Associated Press. May 22, 2001. p. 3. OCLC 27481158. Retrieved July 31, 2025 – via Newspapers.com.
- ^ United States Census Bureau (2009). Census geography and the geographic support system. Washington, D. C.: United States Department of Commerce. p. 540.
- ^ Barone, Siegfried D. (2007). Secrecy in the Bush Administration (Paperback). Hauppauge, New York: Nova Science Publishers. p. XV. ISBN 978-1600211607.
- ^ United States Congress (2005). Information Policy in the 21st Century. Washington, D. C.: United States Government Printing Office. p. 35.
- ^ Fandos, Nicholas (November 2, 2017). "House Democrats Take Demands for Trump Hotel Records to Court". The New York Times. The New York Times Company. ISSN 1553-8095. OCLC 1645522.
- ^ Hines, Pamela (2018). The Trumping of America: A Wake Up Call to the Free World (Paperback). Altona, Manitoba: FriesenPress. p. 124. ISBN 978-1525509346.
- ^ Hines, Pamela (2018). The Trumping of America: A Wake Up Call to the Free World (Paperback). Altona, Manitoba: FriesenPress. p. 125. ISBN 978-1525509346.
Sources
- "The Practical Operation of the Federal Budget System". Congressional Digest. 19 (2): 37. February 1940.
- Walker, David M. (July 19, 2004). "GAO Answers the Question: What's in a Name?" (PDF). Roll Call. p. 1. Archived from the original (PDF) on October 5, 2010. Retrieved April 27, 2007.
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