assess the validity of the claim that Executive privilege 
applies to that particular document, communication, or 
item. 
SEC. 103. EXECUTIVE POLICY. 
(a) ESTABLISHMENT OF POLICY.—Not less than 180 
days after the date of the enactment of this Act, and 
thereafter, not less than 180 days following the beginning 
of each four-year presidential term, the President or the 
Attorney General shall issue binding guidelines setting 
forth a policy governing the use of Executive privilege. 
(b) SPECIFICATIONS.—The policy set forth pursuant 
to subsection (a)— 
(1) shall specify the procedures by which a deci-
sion to assert Executive privilege is reached, which 
shall be consistent with section 102; and 
(2) shall be consistent with the holding of 
United States v. Nixon (418 US 683, 713–714) that 
the demonstrated, specific need of a coordinate 
branch of government is sufficient to overcome a 
claim of Executive privilege. 
SEC. 104. EXECUTIVE PRIVILEGE DEFINED. 
In this title, the term ‘‘Executive privilege’’ means— 
(1) a withholding of information which is based 
on a claim of authority under article II of the Con-
stitution of the United States; or 
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(2) a withholding of information by any indi-
vidual who is an officer or employee of the Executive 
branch (or who was an officer or employee of the 
Executive branch at the time the information was 
first sought by either House of Congress) which is 
based on any other claim of law. 
TITLE II—CONTEMPT OF CON-
GRESS PROCEDURES AND EN-
FORCEMENT 
SEC. 201. AVAILABILITY OF CIVIL ACTION TO ENFORCE 
HOUSE OF REPRESENTATIVES SUBPOENAS. 
(a) CIVIL ACTION.—The House of Representatives 
may in a civil action obtain any appropriate relief to en-
force compliance with a subpoena or order of the House, 
or to enforce compliance with a subpoena or order issued 
by a committee or subcommittee of the House authorized 
to issue a subpoena or order, if the House by resolution 
authorizes the commencement of that civil action. 
(b) REPRESENTATION BY GENERAL COUNSEL.—Un-
less the House otherwise provides, the Office of the Gen-
eral Counsel of the House of Representatives shall rep-
resent the House in the civil action. 
(c) PERSONAL JURISDICTION.—Personal jurisdiction 
of the court over a defendant in a civil action under this 
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section extends outside the territorial jurisdiction of the 
court if the claim— 
(1) arose out of conduct by the defendant— 
(A) within that territorial jurisdiction, or 
(B) causing any injury, including informa-
tional injury to the right of the House to make 
an investigation, within that territorial jurisdic-
tion; or 
(2) otherwise has a reasonable relationship to 
contacts of the defendant with the territorial juris-
diction. 
(d) ASSESSMENT OF COMPETING INTERESTS.— 
(1) IN GENERAL.—In any civil action brought 
under this section, if the court has determined that 
the information or material which is the subject of 
the subpoena or order involved is presumptively priv-
ileged based upon the President’s generalized inter-
est in confidentiality, the House may overcome this 
presumption by showing that— 
(A) the House, or a committee or sub-
committee thereof, has a specific need for the 
information or material in order to carry out its 
constitutional obligations; and 
(B) the information is not otherwise avail-
able. 
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(2) ENFORCEMENT.—If the court determines 
that the House, or a committee or subcommittee 
thereof, has made the showing described in para-
graph (1), it shall enforce the subpoena or order in-
volved. 
(e) EXPEDITION OF TRIAL AND APPELLATE PRO-
CEEDINGS.—The court shall hear and determine a civil ac-
tion under this section as expeditiously as possible, and 
to the maximum extent practicable during the Congress 
in which the action is commenced. Any appellate pro-
ceedings relating to such a civil action shall similarly be 
expedited to assure to the extent possible that the matter 
is fully resolved during the Congress in which the action 
was commenced. 
SEC. 202. ALTERNATE PROCEDURES FOR ENFORCEMENT 
OF CRIMINAL CONTEMPT OF CONGRESS. 
(a) ALTERNATE PROCEDURE.— 
(1) SCOPE OF APPLICATION.—If the House of 
Representatives finds a current or former officer or 
employee of the Executive branch has violated sec-
tion 102 of the Revised Statutes of the United 
States (2 U.S.C. 192) or that any person has vio-
lated such section at the direction of the President 
or another officer of the Executive branch, the pro-
cedures of this section apply. 
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(2) CERTIFICATION BY SPEAKER.—In accord-
ance with section 104 of the Revised Statutes of the 
United States (2 U.S.C. 194), upon the finding by 
the House of Representatives of a violation to which 
this section applies, the Speaker shall certify that 
finding to the appropriate United States attorney, 
whose duty it shall be to bring the matter before the 
grand jury for its action. 
(3) CIRCUMSTANCES
LEADING
TO
APPOINT-
MENT OF SPECIAL COUNSEL.—If— 
(A) the Attorney General or the United 
States attorney to whom the finding was cer-
tified informs the court or the House that the 
Department of Justice will not prosecute the 
case; or 
(B) by the end of the 30th day after the 
date of receipt of a certification made under 
paragraph (2) a grand jury has not returned an 
indictment based on the violation alleged in the 
certification; 
the Special Division established under subsection (b) 
(hereinafter in this Act referred to as the ‘‘Special 
Division’’) shall appoint a special counsel under sub-
section (c). It shall be the duty of the Attorney Gen-
eral to inform that court and the House if a grand 
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