In case you forgot, Rule VIII is the House rule that governs when a judicial or administrative subpoena is served on a member, officer or employee for documents or testimony relating to the official functions of the House. The rule requires that notice be given to the House, through the Speaker, whenever such a subpoena is properly served. Under paragraph 3 of the rule, the subpoena recipient is required to make three determinations regarding the subpoena: (1) whether it is a proper exercise of jurisdiction; (2) whether it seeks information that is material and relevant; and (3) whether it is consistent with the rights and privileges of the House. These determinations are also supposed to be provided to the Speaker and spread upon the Congressional Record.
Sometime this spring a subpoena from the Office of Compliance was served upon the “House Office of Payroll and Benefits” in the Chief Administrative Officer’s office. The OOC is the entity established to administer and enforce the employment laws as they apply to Congress under the Congressional Accountability Act. OOC administrative proceedings are confidential so there is no publicly available information as to the case that precipitated this subpoena. Nor is there any publicly available information as to what documents were sought by the subpoena.
Although Rule VIII provides that the Speaker “shall generally describe the records or information sought” when informing the House of a subpoena, this provision is routinely ignored. Instead, when a subpoena is initially received, it is forwarded to the House Counsel’s office, which provides written notice to the Speaker, the Minority Leader and the Parliamentarian. When the subpoena was addressed to a House officer, the notice (known as a “3 amigos,” don’t ask me why) will attach a copy of the subpoena. Thus, while the bipartisan House leadership will be informed of the nature of the documents requested, the House at large is not.
We can surmise that the subpoena in question stemmed from an administrative proceeding brought against a House employing office under the CAA. Such proceedings are fairly rare. According to the most recent OOC report, for example, there were a total of 14 requests for administrative hearings in FY 2012. That total includes complaints filed against both House and Senate employing offices, as well as congressional support agencies like the Capitol Police and the Architect of the Capitol. There are probably only a handful of administrative complaints filed each year against a House employing office.
Continue reading “The Office of Compliance and a Mysterious Rule VIII Notice”