Speaker who laid the matter before the House. The House then agreed to a resolution authorizing him to appear and testify. 111 CONG. REC. 16592, 89th Cong. 1st Sess., July 13, 1965.

§ 5.3 The Clerk, having received a subpena duces tecum from a Federal grand jury, informs the Speaker who lays the matter before the House. 115 CONG. REC. 32005, 91st Cong. 1st Sess., Oct. 29, 1969 [H. Res. 601, authorizing the Clerk to make certain papers available to the grand jury.] Note: Since the subpena did not ask for original documents, but only "authenticated copes", the resolution the drafted to permit the Clerk to take the copies to the grand jury with him. Past resolutions have permitted the Clerk to respond to the subpena but not take documents, and have permitted the court, through its agents, to come to the Clerk's office and make copies of relevant documents. See also 118 CONG. REC. 2825, 92d Cong. 2d Sess., Aug. 15, 1972 [H. Res. 1091, authorizing the Clerk to respond to a subpena duces tecum in a Federal grand jury investigation of alleged salary "kickbacks" to Representative J. Irving Whalley].

§ 5.4 The Speaker laid before the House letters from the Clerk, advising that he and an employee in his office had been subpenaed to appear and testify before a grand jury impanelled by the U.S. District Court, District of Columbia. The House adopted a resolution authorizing the Clerk to respond to the subpena. 113 CONG. REC. 29374-76, 90th Cong. 1st Sess., Oct. 19, 1967.

§ 5.5 The Clerk, having received a subpena duces tecum from a Federal District Court in a criminal action in which a Member of the House was the defendant, informed the Speaker who laid the matter before the House. 117 CONG. REC. 39512, 92d Cong. 1st Sess., Nov. 5, 1971 [H. Res. 690, authorizing the Clerk to respond to subpena duces tecum issued in the case of U.S. v John Dowdy, et al.]. § 5.6 The Clerk, having been served with a subpena ad testifcandum issued by a U.S. District Court in Maryland, informed the Speaker who laid the communication before the House. 117 CONG. REC. 47185, 92d Cong. 1st Sess., Dec. 15, 1971 [H. Res. 749].

§ 6. The Sergeant at Arms and Doorkeeper

§ 6.1 The Speaker lays before the House a communication from the Sergeant at Arms, informing the House of the receipt of a summons, naming the Sergeant at Arms as a defendant in a civil action. 116 CONG. REC. 28502, 91st Cong., 2d Sess., Aug. 12, 1970; 119 CONG. REC. 23961, 23962, 93d Cong. 1st Sess., July 16, 1973.

§ 6.2 The Sergeant at Arms having received a summons to appear and testify before a criminal court in the District of Columbia, informed the Speaker who laid the matter before the House. 111 CONG. REC. 16529, 89th Cong. 1st Sess., July 13, 1965.

§ 6.3 The Doorkeeper of the House having received a subpena duces tecum from a U.S. District Court, reported the facts to the Speaker, who laid the matter before the House. 107 CONG. REC. 5851, 87th Cong. 1st Sess., Apr. 13, 1961.

§ 6.4 The Sergeant ar Arms of the House having received a subpena duces tecum to appear before the grand jury of New York County, N.Y., reported the facts to the Speaker who laid the matter before the House, 111 CONG. REC. 5338, 89th Cong. 1st Sess., Mar. 18, 1965.

§ 6.5 The Speaker laid before the House a letter from the Sergeant at Arms, informing the House of the receipt of a subpena duces tecum from the grand jury, U.S. District Court, District of Columbia. 113 CONG. REC. 17561, 90th Cong. 1st Sess., June 27, 1967 [H. Res. 674, permitting the Sergeant at Arms to respond to a subpena duces tecum].

§ 6.6 The Sergeant at Arms having received a subpena ad testificandum from the United States District Court for the Southern District of New York, reported the matter to the Speaker, who laid it before the House. The House agreed to a resolution authorizing the Sergeant at Arms to appear in response to the subpena. 106 CONG. REC. 4393, 86th Cong. 2d Sess., Mar. 3, 1960.

§ 7. The Members

§ 7.1 Where a Member receives a subpena as a witness from U.S. District Court, a question of the privilege of the House arises. 106 CONG. REC. 2515, 86th Cong. 2d Sess., Feb. 15, 1970.

§ 7.2 Where a Member receives a subpena as a witness from a Federal court, a question of the privilege of the House arises, and the matter is laid before the House for its consideration. 106 CONG. REC. 2515, 86th Cong. 2d Sess., Feb. 15, 1960; 106 CONG. REC. 6131, 86th Cong. 2d Sess., Mar. 21, 1960; 107 CONG. REC. 2481, 87th Cong. 1st Sess., Feb. 21, 1961; 115 CONG. REC. 34301, 91st Cong. 1st Sess., Nov. 17, 1969. Thus a Member, having received a subpena from a Federal District Court to appear for the taking of a deposition as a witness in a civil action pending in another Federal District Court, rose to a question of the privileges of the House. The House then adopted a privileged resolution in response to the subpena permitting a Member to appear for the purpose of the deposition at any time when the House was not in session. 122 CONG. REC. 518, 94th Cong. 2d Sess., Jan. 22, 1976 [H. Res. 971].

§ 7.3 A Member having received a subpena duces tecum to appear as a witness before a U.S. Disctrict Court, a question of privilege of the House arises. 107 CONG. REC. 2000, 87th Cong. 1st Sess., Feb. 9, 1961; 107 CONG. REC. 2480, 87th Cong. 1st Sess., Feb. 21, 1961.

§ 7.4 A Member having received a subpena ad testificandum from a U.S. District Court, a question of privilege of the House arises. 106 CONG. REC. 6027, 86th Cong. 2d Sess., Mar. 18, 1960; 107 CONG. REC. 5844, 87th Cong. 1st Sess., Apr. 13, 1961.

§ 7.5 A Member having received a subpena duces tecum from the Tax Court of the United States, rose to a question of privilege of the House. 115 CONG. REC. 23354, 91st Cong. 1st Sess., Aug. 12, 1969.

§ 7.6 Where a Member is subpenaed to appear and testify before a state court, a question of privilege of the House arises. 111 CONG. REC. 17002, 89th Cong. 1st Sess., July 15, 1965; 117 CONG. REC. 36494, 92d Cong. 1st Sess., Oct. 18, 1971. In 1976, a Member, having received a subpena from a state court to appear and testify as a witness in a criminal action, rose to a question of privileges of the House. The House then adopted a privileged resolution permitting the Member to appear as a witness in the case when the House was not in session. 122 CONG. REC. 145, 94th Cong. 2d Sess., Jan. 19, 1976 [H. Res. 956]. The same procedure was followed in the 95th

Congress to authorize a Member to appear as a witness in a civil case before a Maryland state court. 124 CONG. REC. 31703, 95th Cong. 2d Sess., Sept. 26, 1978 [H. Res. 1382].

§7.7 A Member having received a subpena ad testificandum from a state district court, may rise to a question of privilege of the House. 113 CONG. REC. 35129, 90th Cong. 1st Sess., Dec. 6, 1967; 116 CONG. REC. 11863, 91st Cong. 2d Sess., Apr. 15, 1970 [H. Res. 917, authorizing Representative Belcher, Oklahoma, to appear in state. district court in the criminal case of Oklahoma v Jessie Block].

§ 7.8 A Member having been summoned as a witness in a criminal proceeding pending a District of Columbia Court, may rise to a question of privilege of the House. 115 CONG. REC. 26008, 91st Cong. 1st Sess., Sept. 18, 1969.

§7.9 A subpena to a Member to appear before a grand jury gives rise to a question of the privileges of the House. 105 CONG. REC. 1623. 86th Cong. 1st Sess., Feb. 2, 1959; 108 CONG. REC. 8006, 87th Cong. 2d Sess., May 9, 1962; 109 CONG. REC. 12488, 88th Cong. 1st Sess., July 15, 1963. A Member, having been subpenaed to testify before a federal grand jury while the House was in session, rose to a question of the privileges of the House. The House then adopted a privileged resolution authorizing the Member to respond to the subpena whenever the House was not in session. 122 CONG. REC. 9125, 94th Cong. 2d Sess., Apr. 1, 1976 [H. Res. 1124].

§7.10 A Member, having been served by a state court with an order to appear and to show cause, rose to a question of the privileges of the House. 116 CONG. REC. 16165, 91st Cong. 2d Sess., May 19, 1970. Note: The Member had been served with a subpena duces tecum by a state court to appear as a witness for the plaintiff and to bring with him certain documents in his possession. He appeared in response to the subpena, but refused to bring the requested documents and refused to answer oral interrogatories propounded by counsel for plaintiff. He was then served with an order to show cause why he should not be compelled to answer the interrogatories which had been propounded to him. Because the court order requested him to appear while Congress was in session, he raised a question of the privileges of the House. He did not request the House to authorize his appearance, and no further action was taken in the matter.

§7.11 A Member, having been served by a state court with an order to appear and answer oral interrogatories, rose to a question of the privileges of the House. 116 CONG. REC. 25333, 91st Cong. 2d Sess., July 22, 1970 [H. Res. 1155, authorizing a Member to answer oral interrogatories in Phoenix, Arizona, in the case of Yuma Greyhound Park, Inc. v Samuel Jenkins, et al.].

$7.12 A Member, having been subpenaed to testify in a criminal action in a D.C. Court of General Sessions, rose to a question of the privileges of the House. 118 CONG. REC. 318, 92d Cong. 2d Sess., Jan. 19, 1972 [H. Res. 767, authorizing a Member to testify in the case of U.S. v Ernest Long].

§7.13 A Member, having been subpenaed to testify at a preliminary hearing in a criminal action pending in a state court, rose to a question of the privileges of the House. The Member did not wish to respond to the subpena, and the House did not authorize his appearance. 117 CONG. REC. 33114, 92d Cong. 1st Sess., Sept. 23, 1971.

§7.14 A Member, having received a summons to appear before a court of the city of Alexandria, Va., rose to a question of the privilege of the House. The House agreed to a resolution authorizing him to appear and testify. 110 ČONG. REC. 13017, 88th Cong. 2d Sess., June 9, 1964.

§7.15 A Member, having received a subpena to appear and testify before the Federal Communications Commission, rose to a question of the privilege of the House. He did not request the House to authorize his appearance, and the House took no further action in the matter. 109 CONG. REC. 4392, 88th Cong. 1st Sess., Mar. 18, 1963.

$7.16 Where a subpena duces tecum directed to a Member was, after service on the Member, modified by court order, the Member informed the House of the modification when he presented the subpena to the House. 107 CONG. REC. 2000, 87th Cong. 1st Sess., Feb. 9, 1961.

§ 8. Committees

§8.1 The Chairman of the Committee on Ways and Means, having been served with a subpena duces tecum to appear as a witness in a criminal action and to produce the transcript of an executive session of that committee, rose to a question of the privileges of the House. 117 CONG. REC. 23813, 92d Cong. 1st Sess., July 7, 1971. Note: The Chairman of the Committee on Ways and Means had been subpenaed by defendants in a criminal prosecution arising out of the May 5, 1971 demonstrations on the steps of the House. The Committee on Ways and Means had been meeting in executive session before and during the demonstrations. Counsel for the defendant demonstrators sought to show through introduction of the transcript of that executive session that the committee was not disturbed or interrupted in its deliberations. However, the transcript could not be produced before the court, or copied by officials of the court, unless the committee first authorized its release and the House then permitted its production. The committee did not authorize release of the transcript, and the House took no action to permit the chairman's response to the subpena.

§8.2 The Chairman of the Committee on Internal Security, having been subpenaed to appear as a witness in a criminal action and to produce the transcript of an open hearing of that committee, rose to a question of the privileges of the House. 117 CONG. REC. 23813, 92d Cong. 1st Sess., July 7, 1971. Note: The transcript of the open session of that committee was open for inspection at the committee, but the transcript could not be produced, nor copies made, without the permission of the House. The House did not adopt a resolution granting such permission.

$8.3 The Chairman of the Committee on Standards of Official Conduct, having received a subpena duces tecum from a Federal grand jury, rose to a question of the privileges of the House. 118 CONG. REC. 28286, 92d Cong. 2d Sess., Aug. 15, 1972 [H. Res. 1092, authorizing the chairman to respond to a subpena duces tecum in a Federal grand jury investigation of alleged salary "kickbacks" by employees of Representative J. Irving Whalley].

$8.4 The Chairman of the Committee on Armed Services, the Chairman of that committee's Subcommittee on Intelligence, and

an employee of that committee having been served with a subpena duces tecum requiring the production in a federal criminal action of testimony taken during an executive session of the subcommittee, the chairman of the full committee informed the Speaker who laid the matter before the House. 120 CONG. REC. 16918, 93d Cong. 2d Sess., May 30, 1974 [U.S. v John D. Ehrlichman et al.]. Note: The House, by taking no action, in effect refused to permit the chairman to comply with the subpena duces tecum. The executive session testimony had not been released or made public by the committee pursuant to Rule XI clause 27(0), and in any event certified copies of the committee's minutes could not be released without the permission of the House. On a subsequent day the subcommittee chairman informed the Speaker of the withdrawal of the subpena and the Speaker laid that communication before the House. 120 CONG. REC. 18072, 93d Cong. 2d Sess., June 6, 1974.

§9.-Committee Employees

§9.1 The employees of the House (including committee employees) are among those who under House Resolution 722, 96th Congress, must notify the Speaker when they have received a subpena or are seeking a determination as to its validity (see §2.1, supra). Under the former practice, where a committee employee was served with a subpena, the employee merely notified the chairman of his committee, who advised the Speaker; the matter was then laid before the House for its consideration. 113 CONG. REC. 29374, 90th Cong. 1st Sess., Oct. 19, 1967; 125 CONG. REC. 1642, 96th Cong. 1st Sess., June 4, 1979.

§9.2 Certain employees and former employees of the Committee on Internal Security having been named parties defendant in a Federal civil action and having received discovery orders and written and oral interrogatories, a question of the privileges of the House was invoked. 117 CONG. REC. 4584, 4593, 92d Cong. 1st Sess., Mar. 2, 1971 [H. Res. 264, authorizing production of certain files and testimony of the designated employees].

89.3 Where a committee clerk receives a subpena duces tecum from a court, the chairman of the committee by letter advises the Speaker who lays it before the House. 105 CONG. REC. 5858, 86th Cong. 1st Sess., Apr. 14, 1959; 105 CONG. REC. 6825, 86th Cong. 1st Sess., Apr. 27, 1959; 105 CONG. REC. 6944, 86th Cong. 1st Sess., Apr. 28, 1959. In the 94th Congress, the House adopted a privileged resolution authorizing a committee employee to respond to a subpena. The resolution prohibited the production of original committee records, but permitted the court to take copies upon determination of relevancy except for executive session materials. 122 CONG. REC. 1642, 94th Cong. 2d Sess., Jan 29, 1976 [H. Res. 1001].

$9.4 The Speaker laid before the House a letter from the clerk, Committee on House Administration, informing the House of the receipt of a subpena duces tecum from the grand jury, U.S. District Court, District of Columbia, in connection with its inquiry into certain activities of former Representative Adam Clayton Powell. 113 CONG. REC. 17562, 90th Cong. 1st Sess., June 27, 1967 [H. Res. 675, permitting the clerk to respond to the subpena duces tecum]; see also 114 ČONG. REC. 81, 90th Cong. 2d Sess., Jan. 16, 1968 [H. Res.