[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2747 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 2747

  To provide for limited circumstances under which compliance with a 
subpoena issued in connection with certain civil actions in a court of 
                the United States shall not be required.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 28, 1997

Mr. Canady of Florida introduced the following bill; which was referred 
                   to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To provide for limited circumstances under which compliance with a 
subpoena issued in connection with certain civil actions in a court of 
                the United States shall not be required.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. COMPLIANCE WITH A SUBPOENA.

    In a civil action in a court of the United States, in which a 
subpoena is issued to an employee of an Executive department in 
connection with the employment of the employee, and in which the 
department is not a party, the head of the department shall not order 
the employee not to comply with the subpoena unless the head of the 
department provides a written statement to the court that issued the 
subpoena certifying that--
            (1) the information sought to be obtained from the employee 
        by the subpoena may be reasonably obtained from a source other 
        than the employee;
            (2) the information sought to be obtained from the employee 
        by the subpoena is exempt from disclosure by the department 
        under section 552(b) of title 5, United States Code; or
            (3) compliance with the subpoena by the employee would 
        result in a waste of departmental resources.
                                 <all>