    [Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 105th Congress]
    [105th Congress]
    [House Document 104-272]
    [Rules of the House of Representatives]
    [Pages 861-864]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    [[Page 861]]

                                     Rule L.

                      procedure for response to subpoenas.

    Sec. 946. Response to subpoenas.

      1. When any  Member,
    officer, or employee of the House of Representatives is properly served
    with a subpoena or other judicial order directing appearance as a
    witness relating to the official functions of the House or for the
    production or disclosure of any documents relating to the official
    functions of the House, such Member, officer, or employee shall comply,
    consistently with the privileges and rights of the House, with said
    subpoena or other judicial order as hereinafter provided, unless
    otherwise determined pursuant to the provisions of this rule.

      2. Upon receipt of a properly served subpoena or other judicial order
    directing appearance as a witness relating to the official functions of
    the House or for the production or disclosure of any documents relating
    to the official functions of the House, such Member, officer, or
    employee shall promptly notify, in writing, the Speaker of its receipt
    and such notification shall then be promptly laid before the House by
    the Speaker, except that during a period of recess or adjournment of
    longer than three days, no such notification to the House shall be
    required. However, upon the reconvening of the House, such notification
    shall then be promptly laid before the House by the Speaker.

    [[Page 862]]

    determine whether the issuance of the subpoena or other judicial order
    is a proper exercise of the court's jurisdiction, is material and
    relevant, and is consistent with the privileges and rights of the House.
    The Member, officer, or employee shall notify the Speaker prior to
    seeking judicial determination of these matters.
      3. Once notification has been laid before the House, the Member,
    officer, or employee shall

      4. Upon determination whether the subpoena or other judicial order is
    a proper exercise of the court's jurisdiction, is material and relevant,
    and is consistent with the privileges and rights of the House, the
    Member, officer, or employee shall immediately notify, in writing, the
    Speaker of such a determination.

      5. The Speaker shall inform the House of the determination of whether
    the subpoena or other judicial order is a proper exercise of the court's
    jurisdiction, is material and relevant, and is consistent with the
    privileges and rights of the House, and shall generally describe the
    records or information sought, except that during any recess or
    adjournment of the House for longer than three days, no such
    notification is required. However, upon the reconvening of the House,
    such notification shall then be promptly laid before the House by the
    Speaker.

    [[Page 863]]

    House adopts a resolution to the contrary; except that under no
    circumstances shall any minutes or transcripts of executive sessions,
    or any evidence of witnesses in respect thereto, be disclosed or copied.
    Should the House be in recess or adjournment for longer than three days,
    the Speaker may authorize compliance or take such other action as he deems
    appropriate under the circumstances during the pendency of such recess or
    adjournment. And upon the reconvening of the House, all matters having
    transpired under this clause shall be laid promptly before the House by
    the Speaker.
      6. Upon such notification to the House that said subpoena is a proper
    exercise of the court's jurisdiction, is material and relevant, and is
    consistent with the privileges and rights of the House, the Member,
    officer, or employee shall comply with such subpoena or other judicial
    order by supplying certified copies, unless the

      7. A copy of this rule shall be transmitted by the Clerk of the House
    to any of said courts whenever any such subpoena or other judicial order
    is issued and served on a Member, officer, or employee of the House.

      8. Nothing in this rule shall be construed to deprive, condition or
    waive the constitutional or legal rights applicable or available to any
    Member, officer, or employee of the House, or of the House itself, or
    the right of a Member or the House to assert such privilege or right
    before any court in the United States, or the right of the House
    thereafter to assert such privilege or immunity before any court in the
    United States.

    [[Page 864]]

    gresses (H. Res. 10, Jan. 15, 1979, p. 19) when general
    authority was granted to respond to subpoenas and a procedure was
    established for automatic compliance without the necessity of a House
    vote. This standing authority was clarified and revised later in the
    96th Congress by H. Res. 722 (Sept. 17, 1980, pp. 25777-90) and forms
    the basis for the present rule.
      Rule L was added in the 97th Congress (H. Res. 5, Jan. 5, 1981, p. 98)
    and provides general authority to the Members, officers, or employees to
    comply with subpoenas served on them in relation to their official
    functions and establishes the procedure by which subpoenas shall be
    complied with. Until the 95th Congress, whenever a Member, officer, or
    employee received a subpoena, the House would decide by adopting a
    resolution granting authority to the person to respond. This case-by-
    case approach was changed in the 95th (H. Res. 10, Jan. 4, 1977, p. 73)
    and 96th Con-

      In the 102d Congress, the House considered as questions of the
    privileges of the House resolutions: responding to a subpoena for
    records of the ``bank'' in the Office of the Sergeant-at-Arms (Apr. 29,
    1992, p. ----); responding to a contemporaneous ``request'' for such
    records from a Special Counsel (Apr. 29, 1992, p. ----); and authorizing
    an officer of the House to release certain documents in response to
    another such request from the Special Counsel (May 28, 1992, p. ----).

      Under clause 2 of rule L, the Speaker promptly lays before the House a
    communication notifying him of the receipt of a subpoena, but the rule
    does not require that the text of a subpoena be printed in the Record
    (July 31, 1992, p. ----).