[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 852 Introduced in House (IH)]








109th CONGRESS
  2d Session
H. RES. 852

  Expressing the sense of the House that Members of Congress are not 
               immune from having their offices searched.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              June 7, 2006

Ms. Ginny Brown-Waite of Florida (for herself, Mr. Leach, Mrs. Myrick, 
 Mr. Bass, Mr. Porter, Mr. Simmons, Mrs. Musgrave, Mr. Fitzpatrick of 
Pennsylvania, Mr. Wilson of South Carolina, Mr. Dent, Ms. Harris, Mrs. 
Kelly, Mrs. Miller of Michigan, Mr. Shays, Mr. Keller, Mr. Hefley, Mr. 
 Mica, and Mr. Hayworth) submitted the following resolution; which was 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                               RESOLUTION


 
  Expressing the sense of the House that Members of Congress are not 
               immune from having their offices searched.

Whereas Members of Congress are not above the law;
Whereas Members of Congress have a public trust to uphold;
Whereas Members of Congress are elected to represent the interests of their 
        constituents, not to protect their own interests;
Whereas only certain legislative activities are protected from interference by 
        the Speech or Debate Clause of the United States Constitution; and
Whereas the courts have ruled that the Speech or Debate Clause does not shield 
        Members from investigation of and prosecution for criminal activity: 
        Now, therefore, be it
    Resolved,  That it is the sense of the House that if there is an 
ongoing criminal investigation into a Member of Congress, then that 
Member's congressional office may be subject to searches and seizures 
by appropriate executive branch officials in possession of a valid 
court order.
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