Rules of The House of Representatives of The United States
RULE VIII: RESPONSE TO SUBPOENAS
1. When a Member, Delegate, Resident
Commissioner, officer, or employee
of the House is properly served
with a judicial or administrative subpoena
or judicial order directing appearance
as a witness relating to the
official functions of the House or for
the production or disclosure of any
document relating to the official functions
of the House, such Member, Delegate,
Resident Commissioner, officer,
or employee shall comply, consistently
with the privileges and rights of the
House, with the judicial or administrative
subpoena or judicial order as hereinafter
provided, unless otherwise determined
under this rule.
2. Upon receipt of a properly served
judicial or administrative subpoena or
judicial order described in clause 1, a
Member, Delegate, Resident Commissioner,
officer, or employee of the
House shall promptly notify the Speaker
of its receipt in writing. Such notification
shall promptly be laid before
the House by the Speaker. During a period
of recess or adjournment of longer
than three days, notification to the
House is not required until the reconvening
of the House, when the notification
shall promptly be laid before the
House by the Speaker.
3. Once notification has been laid before
the House, the Member, Delegate,
Resident Commissioner, officer, or employee
of the House shall determine
whether the issuance of the judicial or
administrative subpoena or judicial
order described in clause 1 is a proper
exercise of jurisdiction by the court, is
material and relevant, and is consistent
with the privileges and rights of
the House. Such Member, Delegate,
Resident Commissioner, officer, or employee
shall notify the Speaker before
seeking judicial determination of these
matters.
4. Upon determination whether a judicial
or administrative subpoena or
judicial order described in clause 1 is a
proper exercise of jurisdiction by the
court, is material and relevant, and is
consistent with the privileges and
rights of the House, the Member, Delegate,
Resident Commissioner, officer,
or employee of the House shall immediately
notify the Speaker of the determination
in writing.
5. The Speaker shall inform the
House of a determination whether a judicial
or administrative subpoena or
judicial order described in clause 1 is a
proper exercise of jurisdiction by the
court, is material and relevant, and is
consistent with the privileges and
rights of the House. In so informing the
House, the Speaker shall generally describe
the records or information
sought. During a period of recess or adjournment
of longer than three days,
such notification is not required until
the reconvening of the House, when the
notification shall promptly be laid before
the House by the Speaker.
6. (a) Except as specified in paragraph
(b) or otherwise ordered by the House,
upon notification to the House that a
judicial or administrative subpoena or
judicial order described in clause 1 is a
proper exercise of jurisdiction by the
court, is material and relevant, and is
consistent with the privileges and
rights of the House, the Member, Delegate,
Resident Commissioner, officer,
or employee of the House shall comply
with the judicial or administrative subpoena
or judicial order by supplying
certified copies.
(b) Under no circumstances may minutes
or transcripts of executive sessions,
or evidence of witnesses in respect
thereto, be disclosed or copied.
During a period of recess or adjournment
of longer than three days, the
Speaker may authorize compliance or
take such other action as he considers
appropriate under the circumstances.
Upon the reconvening of the House, all
matters that transpired under this
clause shall promptly be laid before the
House by the Speaker.
7. A copy of this rule shall be transmitted
by the Clerk to the court when
a judicial or administrative subpoena
or judicial order described in clause 1 is
issued and served on a Member, Delegate,
Resident Commissioner, officer,
or employee of the House.
8. Nothing in this rule shall be construed
to deprive, condition, or waive
the constitutional or legal privileges or
rights applicable or available at any
time to a Member, Delegate, Resident
Commissioner, officer, or employee of
the House, or of the House itself, or the
right of such Member, Delegate, Resident
Commissioner, officer, or employee,
or of the House itself, to assert
such privileges or rights before a court
in the United States.
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