HR 263 - Something is rotten in Denmark...even Shakespeare would agree

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Contempt of the House of Representatives Subpoena Authority Act of 2009 (Introduced in House)

HR 263 IH

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

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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.

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

SECTION 1. SHORT TITLE.

This Act may be cited as the `Contempt of the House of Representatives Subpoena Authority Act of 2009'.

SEC. 2. AUTHORITY TO BRING ACTIONS TO ENFORCE SUBPOENAS OF THE HOUSE OF REPRESENTATIVES.

(a) In General- Title 28, United States Code, is amended by inserting after section 1365 the following new section:

`Sec. 1365A. House of Representatives Actions

`(a) Enforcement of Subpoenas and Orders- The United States District Court for the District of Columbia shall have original jurisdiction, without regard to the amount in controversy, over any civil action brought by the House of Representatives or any authorized committee or subcommittee of the House to enforce, to secure a declaratory judgment concerning the validity of, or to prevent a threatened refusal or failure to comply with, any subpoena or order issued by the House or committee or subcommittee of the House to any entity acting or purporting to act under color or authority of State law or to any natural person to secure the production of documents or other materials of any kind or the answering of any deposition or interrogatory or to secure testimony or any combination thereof. This section shall not apply to an action to enforce, to secure a declaratory judgment concerning the validity of, or to prevent a threatened refusal to comply with, any subpoena or order issued to an officer or employee of the executive branch of the Federal Government acting within his or her official capacity, except that this section shall apply if the refusal to comply is based on the assertion of a personal privilege or objection and is not based on a governmental privilege or objection the assertion of which has been authorized by the executive branch of the Federal Government.

`(b) Contempt Proceedings- Upon application by the House of Representatives or any authorized committee or subcommittee of the House, the district court shall issue an order to an entity or person refusing, or failing to comply with, or threatening to refuse or not to comply with, a subpoena or order of the House or committee or subcommittee of the House requiring such entity or person to comply forthwith. Any refusal or failure to obey a lawful order of the district court issued pursuant to this section may be held by such court to be a contempt thereof. A contempt proceeding shall be commenced by an order to show cause before the court why the entity or person refusing or failing to obey the court order should not be held in contempt of court. Such contempt proceeding shall be tried by the court and shall be summary in manner. The purpose of sanctions imposed as a result of such contempt proceeding shall be to compel obedience to the order of the court. Process in any such action or contempt proceeding may be served in any judicial district wherein the entity or party refusing, or failing to comply, or threatening to refuse or not to comply, resides, transacts business, or may be found, and subpoenas for witnesses who are required to attend such proceeding may run into any other district. Nothing in this section shall confer upon such court jurisdiction to affect by injunction or otherwise the issuance or effect of any subpoena or order of the House or any committee or subcommittee of the House or to review, modify, suspend, terminate, or set aside any such subpoena or order. An action, contempt proceeding, or sanction brought or imposed pursuant to this section shall not abate upon adjournment sine die by the House at the end of a Congress if the House or the committee or subcommittee of the House which issued the subpoena or order certifies to the court that it maintains its interest in securing the documents, answers, or testimony during such adjournment.

`(c) Representation- The House of Representatives or any committee or subcommittee of the House commencing and prosecuting a civil action or contempt proceeding under this section may be represented in such action by such attorneys as the House may designate.

`(d) Treatment of Select and Special Committees- For the purposes of this section the term `committee' includes standing, select, or special committees of the House of Representatives established by law or resolution.'.

(b) Clerical Amendment- The table of sections of chapter 85 of title 28, United States Code, is amended by inserting after the item relating to section 1365 the following new item:

`1365A. House of Representatives actions.'.

SEC. 3. ACTION BY GENERAL COUNSEL OF HOUSE OF REPRESENTATIVES.

(a) Authorization to Bring Civil Action to Enforce Subpoena- When directed to do so by the adoption of a resolution by the House of Representatives pursuant to section 3, the General Counsel of the House of Representatives shall bring a civil action under any statute conferring jurisdiction on any court of the United States (including section 1365A of title 28, United States Code), to enforce, to secure a declaratory judgment concerning the validity of, or to prevent a threatened failure or refusal to comply with, any subpoena or order issued by the House or a committee or a subcommittee of the House authorized to issue a subpoena or order.

(b) Actions in Name of Committees and Subcommittees- Any directive to the General Counsel to bring a civil action pursuant to subsection (a) in the name of a committee or subcommittee of the House shall, for such committee or subcommittee, constitute authorization to bring such action within the meaning of any statute conferring jurisdiction on any court of the United States.

SEC. 4. CONSIDERATION OF RESOLUTIONS AUTHORIZING ACTIONS.

(a) In General- It shall not be in order in the House of Representatives to consider a resolution to direct the General Counsel of the House of Representatives to bring a civil action pursuant to this Act in the name of a committee or subcommittee unless--

(1) such resolution is reported by a majority of the members voting, a majority being present, of such committee or committee of which such subcommittee is a subcommittee; and

(2) the report filed by such committee or committee of which such subcommittee is a subcommittee contains a statement of--

(A) the procedure followed in issuing such subpoena;

(B) the extent to which the party subpoenaed has complied with such subpoena;

(C) any objections or privileges raised by the subpoenaed party; and

(D) the comparative effectiveness of bringing a civil action pursuant to this Act, certification of a criminal action for contempt of Congress, and initiating a contempt proceeding before the House.

(b) Committee Report Not Receivable in Court- A report filed pursuant to subsection (a)(2) shall not be receivable in any court of law to the extent such report is in compliance with such subsection.

(c) Exercise of Rulemaking Authority- The provisions of subsection (a) are enacted--

(1) as an exercise of the rulemaking power of the House of Representatives, and, as such, they shall be considered as part of the rules of the House, and such rules shall supersede any other rule of the House only to the extent that rule is inconsistent therewith; and

(2) with full recognition of the constitutional right of the House to change such rules (so far as relating to the procedure in the House) at any time, in the same manner, and to the same extent as in the case of any other rule of the House.

SEC. 5. GENERAL COUNSEL DEFINED.

In this Act, the term `General Counsel of the House of Representatives' has the meaning given such term in section 101(c) of the Legislative Branch Appropriations Act, 2000 (2 U.S.C. 130f(c)).

SEC. 6. RULE OF CONSTRUCTION.

Nothing in this Act shall limit the discretion of--

(1) the Speaker of the House of Representatives in certifying to the United States Attorney for the District of Columbia any matter pursuant to section 104 of the Revised Statutes of the United States (2 U.S.C. 194); or

(2) the House of Representatives to hold any individual or entity in contempt of the House.