[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 377 Agreed to Senate (ATS)]

<DOC>






114th CONGRESS
  2d Session
S. RES. 377

Directing the Senate Legal Counsel to bring a civil action to enforce a 
       subpoena of the Permanent Subcommittee on Investigations.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 29, 2016

 Mr. Johnson, from the Committee on Homeland Security and Governmental 
 Affairs, reported the following original resolution; which was placed 
                            on the calendar

                             March 17, 2016

                        Considered and agreed to

_______________________________________________________________________

                               RESOLUTION


 
Directing the Senate Legal Counsel to bring a civil action to enforce a 
       subpoena of the Permanent Subcommittee on Investigations.

Whereas the Senate Permanent Subcommittee on Investigations (in this preamble 
        referred to as the ``Subcommittee'') is currently conducting a duly 
        authorized investigation of human trafficking on the Internet pursuant 
        to section 12(e)(3) of Senate Resolution 73, 114th Congress, agreed to 
        February 12, 2015, which authorizes the Subcommittee to issue subpoenas 
        for the production of documents;
Whereas on October 1, 2015, the Subcommittee issued a duly authorized subpoena 
        to Carl Ferrer, Chief Executive Officer of Backpage.com, LLC, directing 
        him to produce certain documents to the Subcommittee by 10:00 a.m. on 
        October 23, 2015;
Whereas on October 23, 2015, counsel for Mr. Ferrer and Backpage.com, LLC 
        submitted to the Subcommittee legal objections to the compelled 
        production of documents under the subpoena issued by the Subcommittee 
        and declined to comply with the subpoena;
Whereas, having considered the legal objections that had been submitted by 
        counsel for Mr. Ferrer and Backpage.com, LLC, on November 3, 2015, the 
        Subcommittee overruled those objections in their entirety and ordered 
        and directed that Mr. Ferrer comply with the subpoena issued by the 
        Subcommittee by 10:00 a.m. on November 12, 2015;
Whereas Mr. Ferrer has refused to comply with the subpoena issued by the 
        Subcommittee as ordered and directed by the Subcommittee; and
Whereas under sections 703(b) and 705 of the Ethics in Government Act of 1978 (2 
        U.S.C. 288b(b) and 288d), the Senate Legal Counsel shall bring a civil 
        action under section 1365 of title 28, United States Code, to enforce a 
        subpoena of a Senate subcommittee when directed to do so by the adoption 
        of a resolution by the Senate: Now, therefore, be it
    Resolved, That the Senate Legal Counsel shall bring a civil action 
in the name of the Senate Permanent Subcommittee on Investigations to 
enforce the subpoena issued by the Subcommittee to Carl Ferrer, Chief 
Executive Officer of Backpage.com, LLC, and that the Senate Legal 
Counsel shall conduct all related civil contempt proceedings.
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