[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.


_______________________________________________________________________


                    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.
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