IV 
118TH CONGRESS 
1ST SESSION 
H. RES. 136 
Amending the Rules of the House of Representatives with respect to the 
enforcement of committee subpoenas to executive branch officials, and 
for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 17, 2023 
Mr. LIEU (for himself and Ms. DEAN of Pennsylvania) submitted the following 
resolution; which was referred to the Committee on Rules 
RESOLUTION 
Amending the Rules of the House of Representatives with 
respect to the enforcement of committee subpoenas to 
executive branch officials, and for other purposes. 
Resolved, 
SECTION 1. SHORT TITLE. 
This resolution may be cited as the ‘‘Congressional 
Inherent Contempt Resolution of 2023’’. 
SEC. 2. ADDITIONAL SUBPOENA ENFORCEMENT POWER. 
Rule XI of the Rules of the House of Representatives 
is amended by adding at the end the following new clauses: 
VerDate Sep 11 2014 
00:09 Feb 18, 2023
Jkt 039200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\HR136.IH
HR136
pbinns on DSKJLVW7X2PROD with $$_JOB
•HRES 136 IH 
‘‘Additional Subpoena Enforcement Power 
‘‘7.(a) Whenever any committee or subcommittee 
makes a written request to any department or agency of 
the Government for the attendance of named witnesses or 
the production of such books, records, correspondence, 
memorandum, papers, documents, and electronic or digital 
files, data or information, in any form, including any elec-
tronic or digital files, data or information in any search-
able formats in which they are available to or can be pro-
duced by the agency, as the committee or subcommittee 
considers necessary, a senior responsible official shall ei-
ther comply with that request or file written objections 
within the time frame for response set forth in the request. 
‘‘(b) If the senior responsible official files written ob-
jections within the timeframe for response, the committee 
or subcommittee shall seek to resolve these objections 
through negotiation and accommodation. If a resolution 
cannot be reached, staff shall so certify to the chair of 
the committee. 
‘‘(c) If the senior responsible official fails to file ob-
jections or make available the designated witnesses or full 
production of responsive records and information within 
the timeframe for response, the chair of the committee 
may issue a subpoena to the senior responsible official for 
any unproduced records or information as to which no ob-
VerDate Sep 11 2014 
00:09 Feb 18, 2023
Jkt 039200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\HR136.IH
HR136
pbinns on DSKJLVW7X2PROD with $$_JOB
•HRES 136 IH 
jection was filed, and to any designated witness to which 
no objection was filed. 
‘‘(d) With respect to any portion of the written re-
quest for documents and witnesses to which timely objec-
tion was made, a subpoena to the senior responsible offi-
cial and to designated witnesses, may be issued, following 
conclusion of the negotiations referred to in paragraph (b), 
by— 
‘‘(1) the chair, upon 48 hours notice to the 
ranking member, unless the ranking member objects 
during that period; or 
‘‘(2) a vote of the committee. 
‘‘(e) The senior responsible official and other wit-
nesses to whom a subpoena is issued have the right to 
be accompanied only by non-government private counsel 
during all proceedings conducted pursuant to this clause 
(even if the witness is a government official or employee). 
The committee in taking testimony will follow the proce-
dures for taking depositions and resolving disputes over 
objections to questions that are prescribed by the Com-
mittee on Rules for such testimonial proceedings (see 165 
Cong. Rec. H1216–17 (Jan. 25, 2019)). 
‘‘(f) If the senior responsible official files written ob-
jections to a subpoena issued under paragraph (c) or (d) 
within the timeframe for response, or the President per-
VerDate Sep 11 2014 
00:09 Feb 18, 2023
Jkt 039200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\HR136.IH
HR136
pbinns on DSKJLVW7X2PROD with $$_JOB
•HRES 136 IH 
sonally and in writing asserts a claim of executive privilege 
with respect to the records, information, and witnesses at 
issue, the committee may hold a hearing to consider these 
objections. The senior responsible official shall personally 
attend this hearing but may not assert executive privilege 
on behalf of the President, and the committee chair may 
grant an exception for good cause shown. 
‘‘(g) If the committee overrules some or all of the ob-
jections asserted, it may issue an order of compliance 
which states the grounds for rejection of the objections, 
the date for compliance, and an advisement of the legal 
consequences of a failure to comply. The senior responsible 
official and subpoenaed witnesses shall comply with such 
order within the timeframe for response. If prior to such 
time, the President asserts a claim of executive privilege, 
it shall be made personally and in writing, and will be con-
sidered by the committee with all other timely objections. 
Witnesses may not assert a claim of executive privilege 
in the absence of such an assertion by the President. 
‘‘(h) On the failure of the senior responsible official 
or subpoenaed witnesses to comply with the order, the 
committee shall meet to assess whether the noncompliance 
rises to the level of a breach of the constitutional privilege 
and duty of the House to be fully informed in order to 
properly perform its legislative responsibilities without 
VerDate Sep 11 2014 
00:09 Feb 18, 2023
Jkt 039200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\HR136.IH
HR136
pbinns on DSKJLVW7X2PROD with $$_JOB
•HRES 136 IH 
undue obstruction and thereby warrants condemnation 
and punishment. If so, the committee shall report a privi-
leged resolution of contempt. The accompanying report 
shall include a detailed history and nature of the con-
troversy and attempts at accommodation; the legal issues 
raised; the legislative need for the information sought; the 
legal and practical reasons for the determination that the 
objections were rejected; and the recommended penalty 
under paragraph (j). 
‘‘(i) If the committee reports a resolution of con-
tempt, it shall be treated as a rule IX question of privilege 
of the House requiring precedence over all other questions 
until resolved and promptly scheduled for floor consider-
ation. The chair of the committee shall present the case 
for passage of the resolution. At the conclusion of the al-
lotted period for presentations, questions and debate, a 
vote on passage of the resolution will be taken. If the vote 
is for passage, a second vote will be taken on the commit-
tee’s recommended penalty. A proffer of an amendment 
to alter the recommended penalty is in order. 
‘‘(j)(1) The penalty for contempt recommended by a 
committee under paragraph (h) and approved or amended 
by the House under paragraph (i) may, as provided for 
in paragraphs (2) and (3), be either in the form of a mone-
tary penalty, detention, or both. 
VerDate Sep 11 2014 
00:09 Feb 18, 2023
Jkt 039200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\HR136.IH
HR136
pbinns on DSKJLVW7X2PROD with $$_JOB
•HRES 136 IH 
‘‘(2)(A) If the recommended penalty as approved by 
the House is a monetary penalty, the contemnor may be 
assessed by the House an initial penalty of not more than 
$25,000 and total penalties of not more than $100,000. 
The amount of the ultimate penalty depends on the timeli-
ness of the contemnor’s compliance in providing informa-
tion withheld. The initial penalty of not more than 
$25,000 may be increased by the chair of the committee 
involved by increments of not more than $25,000 after a 
one-time waiting period of 10 calendar days from the ini-
tial penalty until the $100,000 maximum is reached. The 
10-day waiting period shall only be observed after the first 
penalty. Upon expiration of the 10-day waiting period, if 
the chair deems the measure of compliance by the 
contemnor to be insufficient to satisfy the legislative needs 
of the committee, the chair may, over a period of not more 
than fifteen days, at his or her discretion, increase the 
penalty by increments of not more than $25,000 until the 
maximum is reached. Upon expiration of the 10-day wait-
ing period, the General Counsel is authorized to recover 
any accrued penalties, but only if the contemnor has failed 
to comply with the subpoena before the end of such 10- 
day period. 
‘‘(B) Nothing in this subparagraph shall be in-
terpreted to limit the ability of the House to impose 
VerDate Sep 11 2014 
00:09 Feb 18, 2023
Jkt 039200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\HR136.IH
HR136
pbinns on DSKJLVW7X2PROD with $$_JOB
•HRES 136 IH 
additional legislative punishments on the contemnor 
for noncompliance. 
‘‘(C) No appropriated funds, funds provided 
from any accounts in the Treasury, funds derived 
from collection of fees, or other Government funds 
shall be used to pay a monetary penalty imposed by 
the House under this subparagraph. 
‘‘(D) No person, group, entity, organization, or 
corporation may make payments to, reimburse or 
offer remuneration of any kind to compensate a 
contemnor for, or assist a contemnor in paying, any 
portion of a monetary penalty imposed by the 
House. Nor shall any person, group, entity, organi-
zation, or corporation be permitted to pay any mone-
tary penalties directly on behalf of a contemnor. The 
House may regard such actions to compensate, reim-
burse or provide remunerations or payments to a 
contemnor as an obstruction of its investigative and 
information gathering prerogatives and responsibil-
ities and a contempt of the House. 
‘‘(3)(A) If the recommended penalty as passed by the 
House is detention, the contemnor may be detained until 
the chair of the committee involved gives notice that the 
subpoena has been complied with or the sine die adjourn-
ment of the current Congress, whichever occurs first. 
VerDate Sep 11 2014 
00:09 Feb 18, 2023
Jkt 039200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\HR136.IH
HR136
pbinns on DSKJLVW7X2PROD with $$_JOB
•HRES 136 IH 
‘‘(B) The detention of the contemnor under this 
subparagraph shall be carried out in accordance with 
regulations issued by the Committee on Rules and 
printed in the Congressional Record, including regu-
lations to provide the contemnor with adequate due 
process. 
‘‘(k) Nothing in this clause shall be interpreted to di-
minish the inherent institutional self-protective authori-
ties, methods and practices of the House for enforcing 
committee subpoenas, nor shall anything in this clause be 
interpreted to diminish the discretionary power of any 
committee to determine the acceptability of any constitu-
tional or common law-based privilege asserted to justify 
noncompliance with a congressional subpoena. 
‘‘(l) As used in this clause: 
‘‘(1) The term ‘senior responsible official’ refers 
to an executive branch official with control or cus-
tody over the records or information or the subordi-
nate officials or employees that are sought and who 
is a civil officer subject to removal from the office 
under article II, section 4, of the Constitution, un-
less no such civil officer has control or custody over 
the records or information sought. 
‘‘(2) The term ‘objections’ includes an appro-
priate privilege log, which shall describe with par-
VerDate Sep 11 2014 
00:09 Feb 18, 2023
Jkt 039200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\HR136.IH
HR136
pbinns on DSKJLVW7X2PROD with $$_JOB
•HRES 136 IH 
ticularity the records or information withheld and 
the basis for withholding. The log shall be in such 
form as instructed by the committee or, in the ab-
sence of such instruction, shall be in the form that 
would be required by the rules and practice of the 
United States District for the District of Columbia. 
Failure to file an appropriate and timely privilege 
log shall be a basis for overruling or disregarding 
any objection. 
‘‘Additional Subpoena Enforcement Power 
‘‘8.(a) Whenever any committee or subcommittee 
makes a written request to any person for testimony or 
the production of such books, records, correspondence, 
memorandum, papers, documents, and electronic or digital 
files, data or information, in any form, including any elec-
tronic or digital files, data or information in any search-
able formats in which they are available to or can be pro-
duced by that person, as the committee or subcommittee 
considers necessary, such person shall either comply with 
that request or file written objections within the time 
frame for response set forth in the request. 
‘‘(b) If such person files written objections within the 
timeframe for response, the committee or subcommittee 
shall seek to resolve these objections through negotiation 
VerDate Sep 11 2014 
00:09 Feb 18, 2023
Jkt 039200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\HR136.IH
HR136
pbinns on DSKJLVW7X2PROD with $$_JOB
•HRES 136 IH 
and accommodation. If a resolution cannot be reached, 
staff shall so certify to the chair of the committee. 
‘‘(c) If such person fails to file objections or provide 
testimony or full production of responsive records and in-
formation within the timeframe for response, the chair of 
the committee may issue a subpoena to such person for 
any unproduced testimony or records or information as 
to which no objection was filed. 
‘‘(d) With respect to any portion of the written re-
quest for documents and testimony to which timely objec-
tion was made, a subpoena may be issued, following con-
clusion of the negotiations referred to in paragraph (b), 
by— 
‘‘(1) the chair, upon 48 hours notice to the 
ranking member, unless the ranking member objects 
during that period; or 
‘‘(2) a vote of the committee. 
‘‘(e) Any person to whom a subpoena is issued has 
the right to be accompanied only by non-government pri-
vate counsel during all proceedings conducted pursuant to 
this clause. The committee in taking testimony will follow 
the procedures for taking depositions and resolving dis-
putes over objections to questions that are prescribed by 
the Committee on Rules for such testimonial proceedings 
(see 165 Cong. Rec. H1216–17 (Jan. 25, 2019)). 
VerDate Sep 11 2014 
00:09 Feb 18, 2023
Jkt 039200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\HR136.IH
HR136
pbinns on DSKJLVW7X2PROD with $$_JOB
•HRES 136 IH 
‘‘(f) If such person files written objections to a sub-
poena issued under paragraph (c) or (d) within the time-
frame for response, the committee may hold a hearing to 
consider these objections. The person shall personally at-
tend this hearing, but the committee chair may grant an 
exception for good cause shown. 
‘‘(g) If the committee overrules some or all of the ob-
jections asserted, it may issue an order of compliance 
which states the grounds for rejection of the objections, 
the date for compliance, and an advisement of the legal 
consequences of a failure to comply. The person shall com-
ply with such order within the timeframe for response. 
‘‘(h) On the failure of the senior responsible official 
or subpoenaed witnesses to comply with the order, the 
committee shall meet to assess whether the noncompliance 
rises to the level of a breach of the constitutional privilege 
and duty of the House to be fully informed in order to 
properly perform its legislative responsibilities without 
undue obstruction and thereby warrants condemnation 
and punishment. If so, the committee shall report a privi-
leged resolution of contempt. The accompanying report 
shall include a detailed history and nature of the con-
troversy and attempts at accommodation; the legal issues 
raised; the legislative need for the information sought; the 
legal and practical reasons for the determination that the 
VerDate Sep 11 2014 
00:09 Feb 18, 2023
Jkt 039200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\HR136.IH
HR136
pbinns on DSKJLVW7X2PROD with $$_JOB
•HRES 136 IH 
objections were rejected; and the recommended penalty 
under paragraph (j). 
‘‘(i) If the committee reports a resolution of con-
tempt, it shall be treated as a rule IX question of privilege 
of the House requiring precedence over all other questions 
until resolved and promptly scheduled for floor consider-
ation. The chair of the committee shall present the case 
for passage of the resolution. At the conclusion of the al-
lotted period for presentations, questions and debate, a 
vote on passage of the resolution will be taken. If the vote 
is for passage, a second vote will be taken on the commit-
tee’s recommended penalty. A proffer of an amendment 
to alter the recommended penalty is in order. 
‘‘(j)(1) The penalty for contempt recommended by a 
committee under paragraph (h) and approved or amended 
by the House under paragraph (i) may, as provided for 
in paragraphs (2) and (3), be either in the form of a mone-
tary penalty, detention, or both. 
‘‘(2)(A) If the recommended penalty as approved by 
the House is a monetary penalty, the contemnor may be 
assessed by the House an initial penalty of not more than 
$25,000 and total penalties of not more than $100,000. 
The amount of the ultimate penalty depends on the timeli-
ness of the contemnor’s compliance in providing informa-
tion withheld. The initial penalty of not more than 
VerDate Sep 11 2014 
00:09 Feb 18, 2023
Jkt 039200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\HR136.IH
HR136
pbinns on DSKJLVW7X2PROD with $$_JOB
•HRES 136 IH 
$25,000 may be increased by the chair of the committee 
involved by increments of not more than $25,000 after a 
one-time waiting period of 10 calendar days from the ini-
tial penalty until the $100,000 maximum is reached. The 
10-day waiting period shall only be observed after the first 
penalty. Upon expiration of the 10-day waiting period, if 
the chair deems the measure of compliance by the 
contemnor to be insufficient to satisfy the legislative needs 
of the committee, the chair may, over a period of not more 
than fifteen days, at his or her discretion, increase the 
penalty by increments of not more than $25,000 until the 
maximum is reached. Upon expiration of the 10-day wait-
ing period, the General Counsel is authorized to recover 
any accrued penalties, but only if the contemnor has failed 
to comply with the subpoena before the end of such 10- 
day period. 
‘‘(B) Nothing in this subparagraph shall be in-
terpreted to limit the ability of the House to impose 
additional legislative punishments on the contemnor 
for noncompliance. 
‘‘(C) No appropriated funds, funds provided 
from any accounts in the Treasury, funds derived 
from collection of fees, or other Government funds 
shall be used to pay a monetary penalty imposed by 
the House under this subparagraph. 
VerDate Sep 11 2014 
00:09 Feb 18, 2023
Jkt 039200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\HR136.IH
HR136
pbinns on DSKJLVW7X2PROD with $$_JOB
•HRES 136 IH 
‘‘(D) No person, group, entity, organization, or 
corporation may make payments to, reimburse or 
offer remuneration of any kind to compensate a 
contemnor for, or assist a contemnor in paying, any 
portion of a monetary penalty imposed by the 
House. Nor shall any person, group, entity, organi-
zation, or corporation be permitted to pay any mone-
tary penalties directly on behalf of a contemnor. The 
House may regard such actions to compensate, reim-
burse or provide remunerations or payments to a 
contemnor as an obstruction of its investigative and 
information gathering prerogatives and responsibil-
ities and a contempt of the House. 
‘‘(3)(A) If the recommended penalty as passed by the 
House is detention, the contemnor may be detained until 
the chair of the committee involved gives notice that the 
subpoena has been complied with or the sine die adjourn-
ment of the current Congress, whichever occurs first. 
‘‘(B) The detention of the contemnor under this 
subparagraph shall be carried out in accordance with 
regulations issued by the Committee on Rules and 
printed in the Congressional Record, including regu-
lations to provide the contemnor with adequate due 
process. 
VerDate Sep 11 2014 
00:09 Feb 18, 2023
Jkt 039200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\HR136.IH
HR136
pbinns on DSKJLVW7X2PROD with $$_JOB
•HRES 136 IH 
‘‘(k) Nothing in this clause shall be interpreted to di-
minish the inherent institutional self-protective authori-
ties, methods and practices of the House for enforcing 
committee subpoenas, nor shall anything in this clause be 
interpreted to diminish the discretionary power of any 
committee to determine the acceptability of any constitu-
tional or common law-based privilege asserted to justify 
noncompliance with a congressional subpoena. 
‘‘(l) As used in this clause: 
‘‘(1) The term ‘senior responsible official’ refers 
to an executive branch official with control or cus-
tody over the records or information or the subordi-
nate officials or employees that are sought and who 
is a civil officer subject to removal from the office 
under article II, section 4, of the Constitution, un-
less no such civil officer has control or custody over 
the records or information sought. 
‘‘(2) The term ‘objections’ includes an appro-
priate privilege log, which shall describe with par-
ticularity the records or information withheld and 
the basis for withholding. The log shall be in such 
form as instructed by the committee or, in the ab-
sence of such instruction, shall be in the form that 
would be required by the rules and practice of the 
United States District for the District of Columbia. 
VerDate Sep 11 2014 
00:09 Feb 18, 2023
Jkt 039200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\HR136.IH
HR136
pbinns on DSKJLVW7X2PROD with $$_JOB
•HRES 136 IH 
Failure to file an appropriate and timely privilege 
log shall be a basis for overruling or disregarding 
any objection.’’. 
Æ 
VerDate Sep 11 2014 
00:09 Feb 18, 2023
Jkt 039200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6301
E:\BILLS\HR136.IH
HR136
pbinns on DSKJLVW7X2PROD with $$_JOB