[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5230 Introduced in House (IH)]
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.
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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
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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.
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