House Rule VIII - Response to subpoenas

Rule VIII for the 111th Congress
1. When a  Member,  Delegate,  Resi-  dent   Commissioner,   officer,   or   em-  ployee  of  the  House  is  properly  served  with  a  judicial  or   administrative  sub-  poena  or  judicial  order  directing  ap-  pearance  as  a  witness  relating  to  the  official  functions  of  the  House  or  for  the   production   or   disclosure   of   any  document relating to the official func-  tions of the House, such Member, Dele-  gate,  Resident  Commissioner,  officer,  or employee shall comply, consistently  with  the  privileges  and  rights  of   the  House, with the judicial or administra-  tive subpoena or judicial order as here-  inafter  provided,  unless  otherwise  de-  termined 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  Commis-  sioner,   officer,   or   employee   of   the  House shall promptly notify the Speak-  er of its receipt in writing. Such notifi- cation  shall  promptly  be  laid  before  the House by the Speaker. During a pe- riod of recess or adjournment of longer  than   three   days,   notification   to   the  House  is  not  required  until  the  recon-  vening of the House, when the notifica-  tion  shall  promptly  be  laid  before  the  House by the Speaker.

3. Once notification has been laid be- fore  the  House,  the  Member,  Delegate,  Resident  Commissioner, officer, or em-  ployee  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   con-  sistent with the privileges and rights of  the   House. Such  Member,   Delegate,  Resident Commissioner, officer, or em-  ployee  shall  notify  the  Speaker  before  seeking judicial determination of these  matters.

4. Upon determination  whether  a  ju-  dicial  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, Dele-  gate,  Resident  Commissioner,  officer,  or  employee  of  the  House  shall  imme-  diately notify the Speaker of the deter-  mination in writing.

5. The  Speaker   shall   inform   the  House of a determination whether a ju-  dicial  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  de-  scribe    the    records    or    information  sought. During a period of recess or ad- journment  of  longer  than  three  days,  such  notification  is  not  required  until  the reconvening of the House, when the  notification  shall  promptly  be  laid  be-  fore 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  the  Speaker  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.

Changes to rule in the 110th Congress
There were no changes to the rule in the 110th Congress.

Rule VIII for the 110th Congress
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 be-fore 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.

Rule VIII for the 109th Congress
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.

Resources

 * Rules of the 109th House of Representatives
 * "Rule VIII," U.S. House of Representatives - Committee on Rules, 2005.