H.R. 5230, The Contempt of the House of Representatives Subpoena Authority Act of 2008

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H.R. 5230 would 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.

Detailed Summary

Contempt of the House of Representatives Subpoena Authority Act of 2008 - Grants the U.S. district court for the District of Columbia original jurisdiction over any civil action brought by the House of Representatives (or any authorized committee or subcommittee) 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 it 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: (1) documents or other materials of any kind, or the answering of any deposition or interrogatory; (2) testimony; or (3) any combination of such things.

Requires the district court, upon application by the House (or any authorized committee or subcommittee), to issue a mandatory compliance 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. Authorizes the court to hold in contempt any refusal or failure to obey a lawful order.

Authorizes the General Counsel of the House of Representatives to bring a civil action under any statute conferring jurisdiction on any U.S. court 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).

Prescribes a procedure for consideration in the House of a resolution to direct the General Counsel to bring such an action.

Status of the Legislation

Latest Major Action: 2/6/2008: Referred to House committee. Status: 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.

Points in Favor

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Points Against

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