HR 5230
110th CONGRESS
2d Session
H. R. 5230
To amend title 28, United States Code, to grant to the House
of Representatives the authority to bring a civil action to enforce, secure
a declaratory judgment concerning the validity of, or prevent a threatened
refusal or failure to comply with any subpoena or order issued by the
House or any committee or subcommittee of the House to secure the production
of documents, the answering of any deposition or interrogatory, or the
securing of testimony, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
February 6, 2008
Ms. JACKSON-LEE of Texas introduced the following bill; which was referred
to the Committee on the Judiciary, and in addition to the Committee on
Rules, for a period to be subsequently determined by the Speaker, in each
case for consideration of such provisions as fall within the jurisdiction
of the committee concerned
A BILL
To amend title 28, United States Code, to grant to the House
of Representatives the authority to bring a civil action to enforce, secure
a declaratory judgment concerning the validity of, or prevent a threatened
refusal or failure to comply with any subpoena or order issued by the
House or any committee or subcommittee of the House to secure the production
of documents, the answering of any deposition or interrogatory, or the
securing of testimony, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Contempt of the House of Representatives
Subpoena Authority Act of 2008'.
SEC. 2. AUTHORITY TO BRING ACTIONS TO ENFORCE SUBPOENAS OF THE HOUSE
OF REPRESENTATIVES.
(a) In General- Title 28, United States Code, is amended by inserting
after section 1365 the following new section:
`Sec. 1365A. House of Representatives Actions
`(a) Enforcement of Subpoenas and Orders- The United States District Court
for the District of Columbia shall have original jurisdiction, without
regard to the amount in controversy, over any civil action brought by
the House of Representatives or any authorized committee or subcommittee
of the House to enforce, to secure a declaratory judgment concerning the
validity of, or to prevent a threatened refusal or failure to comply with,
any subpoena or order issued by the House or committee or subcommittee
of the House to any entity acting or purporting to act under color or
authority of State law or to any natural person to secure the production
of documents or other materials of any kind or the answering of any deposition
or interrogatory or to secure testimony or any combination thereof. This
section shall not apply to an action to enforce, to secure a declaratory
judgment concerning the validity of, or to prevent a threatened refusal
to comply with, any subpoena or order issued to an officer or employee
of the executive branch of the Federal Government acting within his or
her official capacity, except that this section shall apply if the refusal
to comply is based on the assertion of a personal privilege or objection
and is not based on a governmental privilege or objection the assertion
of which has been authorized by the executive branch of the Federal Government.
`(b) Contempt Proceedings- Upon application by the House of Representatives
or any authorized committee or subcommittee of the House, the district
court shall issue an order to an entity or person refusing, or failing
to comply with, or threatening to refuse or not to comply with, a subpoena
or order of the House or committee or subcommittee of the House requiring
such entity or person to comply forthwith. Any refusal or failure to obey
a lawful order of the district court issued pursuant to this section may
be held by such court to be a contempt thereof. A contempt proceeding
shall be commenced by an order to show cause before the court why the
entity or person refusing or failing to obey the court order should not
be held in contempt of court. Such contempt proceeding shall be tried
by the court and shall be summary in manner. The purpose of sanctions
imposed as a result of such contempt proceeding shall be to compel obedience
to the order of the court. Process in any such action or contempt proceeding
may be served in any judicial district wherein the entity or party refusing,
or failing to comply, or threatening to refuse or not to comply, resides,
transacts business, or may be found, and subpoenas for witnesses who are
required to attend such proceeding may run into any other district. Nothing
in this section shall confer upon such court jurisdiction to affect by
injunction or otherwise the issuance or effect of any subpoena or order
of the House or any committee or subcommittee of the House or to review,
modify, suspend, terminate, or set aside any such subpoena or order. An
action, contempt proceeding, or sanction brought or imposed pursuant to
this section shall not abate upon adjournment sine die by the House at
the end of a Congress if the House or the committee or subcommittee of
the House which issued the subpoena or order certifies to the court that
it maintains its interest in securing the documents, answers, or testimony
during such adjournment.
`(c) Representation- The House of Representatives or any committee or
subcommittee of the House commencing and prosecuting a civil action or
contempt proceeding under this section may be represented in such action
by such attorneys as the House may designate.
`(d) Treatment of Select and Special Committees- For the purposes of this
section the term `committee' includes standing, select, or special committees
of the House of Representatives established by law or resolution.'.
(b) Clerical Amendment- The table of sections of chapter 85 of title 28,
United States Code, is amended by inserting after the item relating to
section 1365 the following new item:
`1365A. House of Representatives actions.'.
SEC. 3. ACTION BY GENERAL COUNSEL OF HOUSE OF REPRESENTATIVES.
(a) Authorization To Bring Civil Action To Enforce Subpoena- When directed
to do so by the adoption of a resolution by the House of Representatives
pursuant to section 3, the General Counsel of the House of Representatives
shall bring a civil action under any statute conferring jurisdiction on
any court of the United States (including section 1365A of title 28, United
States Code), to enforce, to secure a declaratory judgment concerning
the validity of, or to prevent a threatened failure or refusal to comply
with, any subpoena or order issued by the House or a committee or a subcommittee
of the House authorized to issue a subpoena or order.
(b) Actions in Name of Committees and Subcommittees- Any directive to
the General Counsel to bring a civil action pursuant to subsection (a)
in the name of a committee or subcommittee of the House shall, for such
committee or subcommittee, constitute authorization to bring such action
within the meaning of any statute conferring jurisdiction on any court
of the United States.
SEC. 4. CONSIDERATION OF RESOLUTIONS AUTHORIZING ACTIONS.
(a) In General- It shall not be in order in the House of Representatives
to consider a resolution to direct the General Counsel of the House of
Representatives to bring a civil action pursuant to this Act in the name
of a committee or subcommittee unless--
(1) such resolution is reported by a majority of the members voting,
a majority being present, of such committee or committee of which such
subcommittee is a subcommittee; and
(2) the report filed by such committee or committee of which such subcommittee
is a subcommittee contains a statement of--
(A) the procedure followed in issuing such subpoena;
(B) the extent to which the party subpoenaed has complied with such
subpoena;
(C) any objections or privileges raised by the subpoenaed party; and
(D) the comparative effectiveness of bringing a civil action pursuant
to this Act, certification of a criminal action for contempt of Congress,
and initiating a contempt proceeding before the House.
(b) Committee Report Not Receivable in Court- A report filed pursuant
to subsection (a)(2) shall not be receivable in any court of law to the
extent such report is in compliance with such subsection.
(c) Exercise of Rulemaking Authority- The provisions of subsection (a)
are enacted--
(1) as an exercise of the rulemaking power of the House of Representatives,
and, as such, they shall be considered as part of the rules of the House,
and such rules shall supersede any other rule of the House only to the
extent that rule is inconsistent therewith; and
(2) with full recognition of the constitutional right of the House to
change such rules (so far as relating to the procedure in the House)
at any time, in the same manner, and to the same extent as in the case
of any other rule of the House.
SEC. 5. GENERAL COUNSEL DEFINED.
In this Act, the term `General Counsel of the House of Representatives'
has the meaning given such term in section 101(c) of the Legislative Branch
Appropriations Act, 2000 (2 U.S.C. 130f(c)).
SEC. 6. RULE OF CONSTRUCTION.
Nothing in this Act shall limit the discretion of--
(1) the Speaker of the House of Representatives in certifying to the
United States Attorney for the District of Columbia any matter pursuant
to section 104 of the Revised Statutes of the United States (2 U.S.C.
194); or
(2) the House of Representatives to hold any individual or entity in
contempt of the House.
END
