I 

111TH CONGRESS 

1ST SESSION H. R. 263 

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 

JANUARY 7, 2009 

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. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Contempt of the House 

5 of Representatives Subpoena Authority Act of 2009’’. 

6 SEC. 2. AUTHORITY TO BRING ACTIONS TO ENFORCE SUB7 POENAS OF THE HOUSE OF REPRESENTA8 TIVES. 

9 (a) IN GENERAL.—Title 28, United States Code, is 

10 amended by inserting after section 1365 the following new 

11 section: 

12 ‘‘§ 1365A. House of Representatives Actions 

13 ‘‘(a) ENFORCEMENT OF SUBPOENAS AND ORDERS.— 

14 The United States District Court for the District of Co15 lumbia shall have original jurisdiction, without regard to 

16 the amount in controversy, over any civil action brought 

17 by the House of Representatives or any authorized com18 mittee or subcommittee of the House to enforce, to secure 

19 a declaratory judgment concerning the validity of, or to 

20 prevent a threatened refusal or failure to comply with, any 

21 subpoena or order issued by the House or committee or 

22 subcommittee of the House to any entity acting or pur23 porting to act under color or authority of State law or 

24 to any natural person to secure the production of docu25 ments or other materials of any kind or the answering of 


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1 any deposition or interrogatory or to secure testimony or 

2 any combination thereof. This section shall not apply to 

3 an action to enforce, to secure a declaratory judgment con4 cerning the validity of, or to prevent a threatened refusal 

5 to comply with, any subpoena or order issued to an officer 

6 or employee of the executive branch of the Federal Gov7 ernment acting within his or her official capacity, except 

8 that this section shall apply if the refusal to comply is 

9 based on the assertion of a personal privilege or objection 

10 and is not based on a governmental privilege or objection 

11 the assertion of which has been authorized by the execu12 tive branch of the Federal Government. 

13 ‘‘(b) CONTEMPT PROCEEDINGS.—Upon application 

14 by the House of Representatives or any authorized com15 mittee or subcommittee of the House, the district court 

16 shall issue an order to an entity or person refusing, or 

17 failing to comply with, or threatening to refuse or not to 

18 comply with, a subpoena or order of the House or com19 mittee or subcommittee of the House requiring such entity 

20 or person to comply forthwith. Any refusal or failure to 

21 obey a lawful order of the district court issued pursuant 

22 to this section may be held by such court to be a contempt 

23 thereof. A contempt proceeding shall be commenced by an 

24 order to show cause before the court why the entity or 

25 person refusing or failing to obey the court order should 


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1 not be held in contempt of court. Such contempt pro2 ceeding shall be tried by the court and shall be summary 

3 in manner. The purpose of sanctions imposed as a result 

4 of such contempt proceeding shall be to compel obedience 

5 to the order of the court. Process in any such action or 

6 contempt proceeding may be served in any judicial district 

7 wherein the entity or party refusing, or failing to comply, 

8 or threatening to refuse or not to comply, resides, trans9 acts business, or may be found, and subpoenas for wit10 nesses who are required to attend such proceeding may 

11 run into any other district. Nothing in this section shall 

12 confer upon such court jurisdiction to affect by injunction 

13 or otherwise the issuance or effect of any subpoena or 

14 order of the House or any committee or subcommittee of 

15 the House or to review, modify, suspend, terminate, or set 

16 aside any such subpoena or order. An action, contempt 

17 proceeding, or sanction brought or imposed pursuant to 

18 this section shall not abate upon adjournment sine die by 

19 the House at the end of a Congress if the House or the 

20 committee or subcommittee of the House which issued the 

21 subpoena or order certifies to the court that it maintains 

22 its interest in securing the documents, answers, or testi23 mony during such adjournment. 

24 ‘‘(c) REPRESENTATION.—The House of Representa25 tives or any committee or subcommittee of the House comVerDate Nov 24 2008 21:55 Jan 11, 2009 Jkt 079200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H263.IH H263

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1 mencing and prosecuting a civil action or contempt pro2 ceeding under this section may be represented in such ac3 tion by such attorneys as the House may designate. 

4 ‘‘(d) TREATMENT OF SELECT AND SPECIAL COMMIT5 TEES.—For the purposes of this section the term ‘com6 mittee’ includes standing, select, or special committees of 

7 the House of Representatives established by law or resolu8 tion.’’. 

9 (b) CLERICAL AMENDMENT.—The table of sections 

10 of chapter 85 of title 28, United States Code, is amended 

11 by inserting after the item relating to section 1365 the 

12 following new item: 

‘‘1365A. House of Representatives actions.’’. 

13 SEC. 3. ACTION BY GENERAL COUNSEL OF HOUSE OF REP14 RESENTATIVES. 

15 (a) AUTHORIZATION TO BRING CIVIL ACTION TO EN16 FORCE SUBPOENA.—When directed to do so by the adop17 tion of a resolution by the House of Representatives pur18 suant to section 3, the General Counsel of the House of 

19 Representatives shall bring a civil action under any statute 

20 conferring jurisdiction on any court of the United States 

21 (including section 1365A of title 28, United States Code), 

22 to enforce, to secure a declaratory judgment concerning 

23 the validity of, or to prevent a threatened failure or refusal 

24 to comply with, any subpoena or order issued by the 


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1 House or a committee or a subcommittee of the House 

2 authorized to issue a subpoena or order. 

3 (b) ACTIONS IN NAME OF COMMITTEES AND SUB4 COMMITTEES.—Any directive to the General Counsel to 

5 bring a civil action pursuant to subsection (a) in the name 

6 of a committee or subcommittee of the House shall, for 

7 such committee or subcommittee, constitute authorization 

8 to bring such action within the meaning of any statute 

9 conferring jurisdiction on any court of the United States. 

10 SEC. 4. CONSIDERATION OF RESOLUTIONS AUTHORIZING 

11 ACTIONS. 

12 (a) IN GENERAL.—It shall not be in order in the 

13 House of Representatives to consider a resolution to direct 

14 the General Counsel of the House of Representatives to 

15 bring a civil action pursuant to this Act in the name of 

16 a committee or subcommittee unless— 

17 (1) such resolution is reported by a majority of 

18 the members voting, a majority being present, of 

19 such committee or committee of which such sub20 committee is a subcommittee; and 

21 (2) the report filed by such committee or com22 mittee of which such subcommittee is a sub23 committee contains a statement of— 

24 (A) the procedure followed in issuing such 

25 subpoena; 


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1 (B) the extent to which the party subpoe2 naed has complied with such subpoena; 

3 (C) any objections or privileges raised by 

4 the subpoenaed party; and 

5 (D) the comparative effectiveness of bring6 ing a civil action pursuant to this Act, certifi7 cation of a criminal action for contempt of Con8 gress, and initiating a contempt proceeding be9 fore the House. 

10 (b) COMMITTEE REPORT NOT RECEIVABLE IN

11 COURT.—A report filed pursuant to subsection (a)(2) 

12 shall not be receivable in any court of law to the extent 

13 such report is in compliance with such subsection. 

14 (c) EXERCISE OF RULEMAKING AUTHORITY.—The 

15 provisions of subsection (a) are enacted— 

16 (1) as an exercise of the rulemaking power of 

17 the House of Representatives, and, as such, they 

18 shall be considered as part of the rules of the House, 

19 and such rules shall supersede any other rule of the 

20 House only to the extent that rule is inconsistent 

21 therewith; and 

22 (2) with full recognition of the constitutional 

23 right of the House to change such rules (so far as 

24 relating to the procedure in the House) at any time, 


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1 in the same manner, and to the same extent as in 

2 the case of any other rule of the House. 

3 SEC. 5. GENERAL COUNSEL DEFINED. 

4 In this Act, the term ‘‘General Counsel of the House 

5 of Representatives’’ has the meaning given such term in 

6 section 101(c) of the Legislative Branch Appropriations 

7 Act, 2000 (2 U.S.C. 130f(c)). 

8 SEC. 6. RULE OF CONSTRUCTION. 

9 Nothing in this Act shall limit the discretion of— 

10 (1) the Speaker of the House of Representa11 tives in certifying to the United States Attorney for 

12 the District of Columbia any matter pursuant to sec13 tion 104 of the Revised Statutes of the United 

14 States (2 U.S.C. 194); or 

15 (2) the House of Representatives to hold any 

16 individual or entity in contempt of the House. 

Æ 


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