IV 
116TH CONGRESS 
2D SESSION 
H. RES. 1029 
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 
JUNE 29, 2020 
Mr. TED LIEU of California (for himself, Mr. NEGUSE, Mr. RASKIN, Ms. 
DEAN, Mr. CICILLINE, Mrs. DEMINGS, Mr. SWALWELL of California, Mr. 
MCNERNEY, Ms. WILD, Mr. CONNOLLY, and Mr. COHEN) 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. 
That rule XI of the Rules of the House of Represent-
atives is amended by adding at the end the following new 
clauses: 
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‘‘Additional Subpoena Enforcement Power 
‘‘7.(a)(1) Whenever any committee or subcommittee 
makes a written request to any department or agency of 
the Government, or to any individual, for the attendance 
of named witnesses or the production of such books, 
records, correspondence, memorandum, papers, docu-
ments, and electronic or digital files, data or information, 
in any form, including any electronic or digital files, data 
or information in any searchable formats in which they 
are available to or can be produced by the agency, as the 
committee or subcommittee considers necessary, a senior 
responsible official shall either comply with that request 
or file written objections within the time frame for re-
sponse set forth in the request. In the absence of a senior 
responsible official, the witness himself or herself is re-
sponsible for the duties that would otherwise have fallen 
on that official. 
‘‘(2) Nothing in this clause shall be interpreted as 
preventing a witness from asserting personal privileges re-
gardless of the decisions and actions of the senior respon-
sible official. 
‘‘(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 
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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-
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) 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-
sonally and in writing asserts a claim of executive privilege 
with respect to the records, information, and witnesses at 
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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. 
‘‘(f) 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. 
‘‘(g) On the failure of the senior responsible official 
to comply with the order, the committee shall meet to as-
sess 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 privileged resolution of 
contempt. The accompanying report shall include a de-
tailed history and nature of the controversy 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 re-
jected; and the recommended monetary penalties. 
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‘‘(h) 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 (including any fine, if 
any). A proffer of an amendment to alter the rec-
ommended penalty is in order. 
‘‘(i)(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 increments 
of not more than $25,000 after a one-time waiting period 
of 20 calendar days from the initial penalty until the 
$100,000 maximum is reached. The 20-day period must 
only be observed after the first penalty. On House passage 
of the resolution of contempt, the General Counsel is au-
thorized to file an immediate suit for a judicial order to 
freeze the contemnor’s assets. On expiration of the 20- 
day period for compliance, the General Counsel is author-
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ized to file suit for recovery of any accrued penalties, but 
only if the contemnor has failed to comply with the sub-
poena before the end of such 20-day period. 
‘‘(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 
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. 
‘‘(j) 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 the attendance 
of named witnesses or the production of such books, 
records, correspondence, memorandum, papers, docu-
ments, and electronic or digital files, data or information, 
in any form, including any electronic or digital files, data 
or information in any searchable formats in which they 
are available to or can be produced by that person, as the 
committee or subcommittee considers necessary, such per-
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son 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 
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 make 
available the designated witnesses or full production of re-
sponsive records and information within the timeframe for 
response, the chair of the committee may issue a subpoena 
to such person for any unproduced records or information 
as to which no objection 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 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. 
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‘‘(e) 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. 
‘‘(f) 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. 
‘‘(g) On the failure of the person to comply with the 
order of the compliance of 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 privileged resolution of 
contempt. The accompanying report shall include a de-
tailed history and nature of the controversy and attempts 
at accommodation; the legal issues raised; the legislative 
need for the information sought; the legal and practical 
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reasons for the determination that the objections were re-
jected; and the recommended monetary penalties. 
‘‘(h) 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 (including any fine, if 
any). A proffer of an amendment to alter the rec-
ommended penalty is in order. 
‘‘(i)(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 increments 
of not more than $25,000 after a one-time waiting period 
of 20 calendar days from the initial penalty until the 
$100,000 maximum is reached. The 20-day period must 
only be observed after the first penalty. On House passage 
of the resolution of contempt, the General Counsel is au-
thorized to file an immediate suit for a judicial order to 
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