[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. ----).