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in its August 7, 2020 en banc decision in Committee 
on the Judiciary of the U.S. House of Representa-
tives v. McGahn. 
(3) Accordingly, the Constitution secures to 
each House of Congress an inherent right to enforce 
its subpoenas in court. Explicit statutory authoriza-
tion is not required to secure such a right of action, 
and the contrary holding by a divided panel of the 
U.S. Court of Appeals for the District of Columbia 
Circuit in McGahn, entered on August 31, 2020, 
was in error. 
SEC. 403. 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) CAUSE OF ACTION.—The United States House 
of Representatives, the United States Senate, or a com-
mittee or subcommittee thereof, may bring a civil action 
against the recipient of a subpoena issued by a congres-
sional committee or subcommittee to enforce compliance 
with the subpoena. 
‘‘(b) SPECIAL RULES.—In any civil action described 
in subsection (a), the following rules shall apply: 
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‘‘(1) The action may be filed in a United States 
district court of competent jurisdiction. 
‘‘(2) Notwithstanding section 1657(a), it shall 
be the duty of every court of the United States to 
expedite to the greatest possible extent the disposi-
tion of any such action and appeal. Upon a showing 
by the plaintiff of undue delay, other irreparable 
harm, or good cause, a court to which an appeal of 
the action may be taken shall issue any necessary 
and appropriate writs and orders to ensure compli-
ance with this paragraph. 
‘‘(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, and shall be review-
able 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 jurisdictional statement within 30 days, of 
the entry of the final decision. 
‘‘(4) The initial pleading must be accompanied 
by certification that the party bringing the action 
has in good faith conferred or attempted to confer 
with the recipient of the subpoena to secure compli-
ance with the subpoena without court action. 
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‘‘(c) PENALTIES.— 
‘‘(1) CASES
INVOLVING
GOVERNMENT
AGEN-
CIES.— 
‘‘(A) IN GENERAL.—The court may impose 
monetary penalties directly against each head of 
a Government agency and the head of each 
component thereof held to have knowingly failed 
to comply with any part of a congressional sub-
poena, unless— 
‘‘(I) the President instructed the offi-
cial not to comply; and 
‘‘(ii) the President, or the head of the 
agency or component thereof, submits to 
the court a letter confirming such instruc-
tion and the basis for such instruction. 
‘‘(B) PROHIBITION ON USE OF GOVERN-
MENT FUNDS.—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 imposed by the court 
pursuant to this paragraph. 
‘‘(2) LEGAL FEES.—In addition to any other 
penalties or sanctions, the court shall require that 
any defendant, other than a Government agency, 
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held to have willfully failed to comply with any part 
of a congressional subpoena, pay a penalty in an 
amount equal to that party’s legal fees, including at-
torney’s fees, litigation expenses, and other costs. If 
such defendant is an officer or employee of a Gov-
ernment agency, such fees may be paid from funds 
appropriated to pay the salary of the defendant. 
‘‘(d) WAIVER.—Any ground for noncompliance as-
serted by the recipient of a congressional subpoena shall 
be deemed to have been waived as to any particular infor-
mation withheld from production if the court finds that 
the recipient failed in a timely manner to comply with the 
applicable requirements of section 105(b) of the Revised 
Statutes of the United States with respect to such infor-
mation. 
‘‘(e) RULES OF PROCEDURE.—The Supreme Court 
and the Judicial Conference of the United States shall 
prescribe rules of procedure to ensure the expeditious 
treatment of actions described in subsection (a). Such 
rules shall be prescribed and submitted to the Congress 
pursuant to sections 2072, 2073, and 2074. This shall in-
clude procedures for expeditiously considering any asser-
tion of constitutional or Federal statutory privilege made 
in connection with testimony by any recipient of a sub-
poena from a congressional committee or subcommittee. 
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The Supreme Court shall transmit such rules to Congress 
within 6 months after the effective date of this section and 
then pursuant to section 2074 thereafter. 
‘‘(f) DEFINITION.—For purposes of this section, the 
term ‘Government agency’ means any office or entity de-
scribed in section 105 and 106 of title 3, an executive de-
partment listed in section 101 of title 5, an independent 
establishment, commission, board, bureau, division, or of-
fice in the executive branch, or other agency or instrumen-
tality of the Federal Government, including wholly or part-
ly owned Government corporations.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
for chapter 85 of title 28, United States Code, is amended 
by inserting after the item relating to section 1365 the 
following: 
‘‘1365a. Congressional actions against subpoena recipients.’’. 
SEC. 
404. 
COMPLIANCE 
WITH 
CONGRESSIONAL 
SUB-
POENAS. 
(a) IN GENERAL.—Chapter 7 of title II of the Re-
vised Statutes of the United States (2 U.S.C. 191 et seq.) 
is amended— 
(1) by adding at the end the following: 
‘‘SEC. 105. RESPONSE TO CONGRESSIONAL SUBPOENAS. 
‘‘(a) SUBPOENA BY CONGRESSIONAL COMMITTEE.— 
Any recipient of any subpoena from a congressional com-
mittee or subcommittee shall appear and testify, produce, 
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the information that will enable the congres-
sional committee or subcommittee issuing the 
subpoena to assess the ground asserted for 
withholding the information. 
‘‘(c) DEFINITION.—For purposes of this section the 
term ‘information’ includes any books, papers, documents, 
data, or other objects requested in a subpoena issued by 
a congressional committee or subcommittee.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
for chapter 7 of title II of the Revised Statutes of the 
United States is amended by adding at the end the fol-
lowing: 
‘‘105. Response to congressional subpoenas.’’. 
SEC. 405. RULE OF CONSTRUCTION. 
Nothing in this title may be interpreted to limit or 
constrain Congress’ inherent authority or foreclose any 
other means for enforcing compliance with congressional 
subpoenas, nor may anything in this title be interpreted 
to establish or recognize any ground for noncompliance 
with a congressional subpoena. 
SEC. 406. ENFORCEMENT OF REQUESTS FOR INFORMATION 
FROM CERTAIN COMMITTEES OF CONGRESS. 
For purposes of remedying any failure to comply with 
a request under section 2954 of title 5, United States 
Code, section 1365a of title 28, United States Code (as 
added by section 403), and section 105 of the Revised 
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Statutes of the United States (as added by section 404) 
shall apply to such a request. 
TITLE 
V—REASSERTING 
CON-
GRESSIONAL POWER OF THE 
PURSE 
SEC. 500. SHORT TITLE. 
This title may be cited as the ‘‘Congressional Power 
of the Purse Act’’. 
Subtitle 
A—Strengthening 
Con-
gressional Control and Review 
To Prevent Impoundment 
SEC. 501. STRENGTHENING CONGRESSIONAL CONTROL. 
(a) IN GENERAL.—The Impoundment Control Act of 
1974 (2 U.S.C. 681 et seq.) is amended by adding at the 
end the following: 
‘‘PRUDENT
OBLIGATION
OF
BUDGET
AUTHORITY
AND 
SPECIFIC
REQUIREMENTS
FOR
EXPIRING
BUDGET 
AUTHORITY 
‘‘SEC. 1018. (a) SPECIAL
MESSAGE
REQUIRE-
MENT.—With respect to budget authority proposed to be 
rescinded or that is set to be reserved or proposed to be 
deferred in a special message transmitted under section 
1012 or 1013, such budget authority— 
‘‘(1) shall be made available for obligation in 
sufficient time to be prudently obligated as required 
under section 1012(b) or 1013; and 
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‘‘(2) may not be deferred or otherwise withheld 
from obligation during the 90-day period before the 
expiration of the period of availability of such budget 
authority, including, if applicable, the 90-day period 
before the expiration of an initial period of avail-
ability for which such budget authority was pro-
vided. 
‘‘(b) ADMINISTRATIVE REQUIREMENT.—With respect 
to an apportionment of an appropriation (as that term is 
defined in section 1511 of title 31, United States Code) 
made pursuant to section 1512 of such title, an appropria-
tion shall be apportioned— 
‘‘(1) to make available all amounts for obliga-
tion in sufficient time to be prudently obligated; and 
‘‘(2) to make available all amounts for obliga-
tion, without precondition (including footnotes) that 
shall be met prior to obligation, not later than 90 
days before the expiration of the period of avail-
ability of such appropriation, including, if applicable, 
90 days before the expiration of an initial period of 
availability for which such appropriation was pro-
vided.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
of the Congressional Budget and Impoundment Control 
Act of 1974 set forth in section 1(b) of such Act is amend-
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ed by adding after the item relating to section 1017 the 
following: 
‘‘1018. Prudent obligation of budget authority and specific requirements for ex-
piring budget authority.’’. 
SEC. 502. STRENGTHENING CONGRESSIONAL REVIEW. 
(a) IN GENERAL.—The Impoundment Control Act of 
1974 (2 U.S.C. 681 et seq.), as amended by section 
501(a), is further amended by adding at the end the fol-
lowing: 
‘‘REPORTING 
‘‘SEC. 1019. (a) APPORTIONMENT OF APPROPRIA-
TIONS.— 
‘‘(1) IN
GENERAL.—Not later than 90 days 
after the date of enactment of this section, the Of-
fice of Management and Budget shall complete im-
plementation of an automated system to post each 
document apportioning an appropriation, pursuant 
to section 1513(b) of title 31, United States Code, 
including any associated footnotes, in a format that 
qualifies each such document as an Open Govern-
ment Data Asset (as defined in section 3502 of title 
44, United States Code), not later than 2 business 
days after the date of approval of such apportion-
ment, and shall place on such website each docu-
ment apportioning an appropriation, pursuant to 
such section 1513(b), including any associated foot-
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notes, already approved for the fiscal year, and shall 
report the date of completion of such requirements 
to the Committees on the Budget and Appropria-
tions of the House of Representatives and Senate. 
‘‘(2) EXPLANATORY STATEMENT.—Each docu-
ment apportioning an appropriation posted on a 
publicly accessible website under paragraph (1) shall 
also include a written explanation by the official ap-
proving each such apportionment (pursuant to sec-
tion 1513(b) of title 31, United States Code) of the 
rationale for the apportionment schedule and for any 
footnotes for apportioned amounts. 
‘‘(3) SPECIAL
PROCESS
FOR
TRANSMITTING 
CLASSIFIED DOCUMENTATION TO THE CONGRESS.— 
The Office of Management and Budget or the appli-
cable department or agency shall make available 
classified documentation referenced in any appor-
tionment at the request of the chair or ranking 
member of any appropriate congressional committee 
or subcommittee. 
‘‘(4) DEPARTMENT
AND
AGENCY
REPORT.— 
Each department or agency shall notify the Commit-
tees on the Budget and Appropriations of the House 
of Representatives and the Senate and any other ap-
propriate congressional committees if— 
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