IIB 
115TH CONGRESS 
1ST SESSION H. R. 4010 
IN THE SENATE OF THE UNITED STATES 
OCTOBER 24, 2017 
Received; read twice and referred to the Committee on the Judiciary 
AN ACT 
To amend the Revised Statutes of the United States and 
title 28, United States Code, to enhance compliance with 
requests for information pursuant to legislative power 
under Article I of the Constitution, and for other pur-
poses. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Congressional Sub-
poena Compliance and Enforcement Act of 2017’’. 
SEC. 2. ENFORCEMENT OF CONGRESSIONAL SUBPOENAS. 
(a) IN GENERAL.—Chapter 85 of title 28, United 
States Code, is amended by inserting after section 1365 
the following: 
‘‘§ 1365a. Congressional actions against subpoena re-
cipients 
‘‘(a) SPECIAL RULES.—In any civil action brought by 
the United States House of Representatives, the United 
States Senate, or a committee or subcommittee thereof, 
against the recipient of a subpoena to secure declaratory, 
injunctive, or other relief as may be appropriate con-
cerning the failure to comply with a subpoena issued by 
a congressional committee or subcommittee, the following 
rules shall apply: 
‘‘(1) The action shall be filed in a United 
States district court of competent jurisdiction. 
‘‘(2) It shall be the duty of the United States 
district courts, the United States courts of appeal, 
and the Supreme Court of the United States to ad-
vance on the docket and to expedite to the greatest 
possible extent the disposition of any such action 
and appeal. 
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‘‘(3) If a three-judge court is expressly re-
quested by the plaintiff in the initial pleading, the 
action shall be heard by a three-judge court con-
vened pursuant to section 2284 of title 28, United 
States Code, and shall be reviewable only by appeal 
directly to the Supreme Court of the United States. 
Such appeal shall be taken by the filing of a notice 
of appeal within 10 days, and the filing of a jurisdic-
tional statement within 30 days, of the entry of the 
final decision. 
‘‘(b) MONETARY PENALTIES IN CASES INVOLVING 
GOVERNMENT AGENCIES.— 
‘‘(1) The court may impose monetary penalties 
directly against the head of a Government agency or 
a component thereof held to have willfully failed to 
comply with any part of a congressional subpoena. 
‘‘(2) No appropriated funds, funds provided 
from any accounts in the Treasury, funds derived 
from the collection of fees, or other Government 
funds shall be used to pay any monetary penalty im-
posed by the court pursuant to this section. 
‘‘(c) WAIVER OF PRIVILEGE.—Any assertion of a 
privilege or other ground for noncompliance (whether stat-
utory, common law, or otherwise) asserted by the recipient 
of a congressional subpoena may be determined to have 
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