IV 
117TH CONGRESS 
1ST SESSION 
H. RES. 406 
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 
MAY 17, 2021 
Mr. LIEU (for himself, Mr. WELCH, Mr. RUSH, Ms. JACKSON LEE, Ms. 
JAYAPAL, Mr. CARSON, Mr. SWALWELL, Mr. CONNOLLY, Ms. SCHA-
KOWSKY, Mr. QUIGLEY, Mr. NEGUSE, Ms. DEAN, Mr. CICILLINE, Mrs. 
DEMINGS, and Mr. RASKIN) 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’’. 
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: 
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‘‘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-
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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 House 
Rules Committee 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 paragraphs (c) or (d) 
within the timeframe for response, or the President per-
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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 
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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 monetary 
penalties. 
‘‘(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 recommendation for imposition of a monetary pen-
alty. A proffer of an amendment to alter the recommended 
penalty is in order. 
‘‘(j)(1) Upon House passage of the resolution of con-
tempt the contemnor shall be assessed by the body an ini-
tial penalty of not more than $25,000 and total penalties 
of not more than $100,000. The amount of the ultimate 
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penalty depends on timeliness of the contemnor’s compli-
ance in providing information withheld. The initial penalty 
of not more than $25,000 may be increased by the com-
mittee chair by increments of not more than $25,000 after 
a one-time waiting period of 10 calendar days from the 
initial penalty until the $100,000 maximum is reached. 
The 10-day 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 is 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. Nothing in this clause shall be interpreted to 
limit the ability of the House to impose additional legisla-
tive punishments on the contemnor for noncompliance. 
‘‘(2) 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 
clause. 
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‘‘(3) No person, group, entity, organization, or cor-
poration may make payments to, reimburse or offer remu-
neration 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, organization, or corporation be permitted to 
pay any monetary penalties directly on behalf of a 
contemnor. The House may regard such actions to com-
pensate, reimburse or provide remunerations or payments 
to a contemnor as an obstruction of its investigative and 
information gathering prerogatives and responsibilities 
and a contempt of the House. 
‘‘(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 
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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. 
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 
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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 
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 
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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 House Rules Committee for such testimonial pro-
ceedings [see 165 Cong. Rec. H1216–17 (Jan. 25, 2019)]. 
‘‘(f) If such person files written objections to a sub-
poena issued under paragraphs (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 person to comply with the 
order of compliance, 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 legisla-
tive responsibilities without undue obstruction and thereby 
warrants condemnation and punishment. If so, the com-
mittee shall report a privileged resolution of contempt. 
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The accompanying report shall include a detailed history 
and nature of the controversy and attempts at accommo-
dation; 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 monetary penalties. 
‘‘(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 recommendation for imposition of a monetary pen-
alty. A proffer of an amendment to alter the recommended 
penalty is in order. 
‘‘(j)(1) Upon House passage of the resolution of con-
tempt the contemnor shall be assessed by the body an ini-
tial penalty of not more than $25,000 and total penalties 
of not more than $100,000. The amount of the ultimate 
penalty depends on timeliness of the contemnor’s compli-
ance in providing information withheld. The initial penalty 
of not more than $25,000 may be increased by the com-
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mittee chair by increments of not more than $25,000 after 
a one-time waiting period of 10 calendar days from the 
initial penalty until the $100,000 maximum is reached. 
The 10-day 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 is 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. Nothing in this clause shall be interpreted to 
limit the ability of the House to impose additional legisla-
tive punishments on the contemnor for noncompliance. 
‘‘(2) 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 
clause. 
‘‘(3) No person, group, entity, organization, or cor-
poration may make payments to, reimburse or offer remu-
neration of any kind to compensate a contemnor for, or 
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assist a contemnor in paying, any portion of a monetary 
penalty imposed by the House. Nor shall any person, 
group, entity, organization, or corporation be permitted to 
pay any monetary penalties directly on behalf of a 
contemnor. The House may regard such actions to com-
pensate, reimburse or provide remunerations or payments 
to a contemnor as an obstruction of its investigative and 
information gathering prerogatives and responsibilities 
and a contempt of the House. 
‘‘(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 ‘person’ includes an individual, 
partnership, corporation, association, or public or 
private organization other than a department or 
agency of the Government. 
‘‘(2) The term ‘objections’ has meaning given to 
such term in section 7(l).’’. 
Æ 
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