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Contempt of Congress
[House Practice: A Guide to the Rules, Precedents and Procedures of the House]
[Chapter 17. Contempt]
[From the U.S. Government Publishing Office, www.gpo.gov]


Sec. 1 . In General

     An individual who fails or refuses to comply with a House subpoena may be cited for contempt of Congress. Eastland v. United States  Servicemen's Fund, 421 U.S. 491 (1975). Although the Constitution does not expressly grant Congress the power to punish witnesses for contempt, that power has been deemed an inherent attribute of the legislative authority of Congress (Anderson v. Dunn, 19 U.S. 204 (1821)) so far as necessary to preserve and exercise the legislative authority expressly granted (Marshall v. Gordon, 243 U.S. 521 (1917)). However, as a power of self-preservation, a means and not an end, the power does not extend to infliction of punishment. Manual 
     Sec. Sec. 294-296.
     To supplement this inherent power, Congress in 1857 adopted an alternative statutory contempt procedure. Sec. 2, infra. Thus, the House may either (1)certify a recalcitrant witness to the appropriate United States Attorney for possible indictment under this statute or (2) exercise its inherent power to commit for contempt by detaining the witness in the custody of the Sergeant-at-Arms. Manual Sec. 296. The statutory procedure is the one used in modern practice, but the ``inherent power'' remains available. In one instance, the House invoked both procedures against a witness. 3 Hinds Sec. 1672.
     In contrast, the Senate may invoke its civil contempt statute (2 USC Sec. 288d) to direct the Senate legal counsel to bring an action in Federal courtto compel a witness to comply with the subpoena of a committee of the Senate.
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Sec. 5 . Purging Contempt

     A witness in violation of a House subpoena has been permitted to comply with its terms before the issuance of an indictment. 3 Hinds Sec. Sec. 1666, 1686. However, once judicial proceedings to enforce the subpoena have been initiated, the defendant cannot be purged of contempt merely by producing the documents or testimony sought. See United States v. Brewster, 154 F. Supp. 126 (D.D.C. 1957), cert. denied, 358 U.S. 842 (1958). At this stage, the House itself must consider and vote on whether to permit a discontinuance. The committee that sought the contempt citation submits a report to the House indicating that substantial compliance on the part of the witness has been accomplished; the House then adopts a resolution certifying the facts to the U.S. Attorney to the end that contempt proceedings be discontinued. Manual Sec. 299; Deschler Ch 15 Sec. 21. For example, in the 98th Congress, after EPA Administrator Anne M. Gorsuch had been cited by a prior Congress for contempt for failure to produce certain documents to a House subcommittee, the House adopted a resolution certifying to the U.S. Attorney that an agreement giving the committee access to those documents had been reached. Manual Sec. 299. Although witnesses cannot purge contempt after judicial proceedings have begun, a court may suspend the sentence of witnesses convicted of contempt and give them an opportunity to avoid punishment by providing the testimony sought. Deschler Ch 15 Sec. 21.
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https://www.govinfo.gov/content/pkg/GPO-HPRACTICE-112/html/GPO-HPRACTICE-112-18.htm