I 
117TH CONGRESS 
1ST SESSION H. R. 6079 
To protect our democracy by preventing abuses of presidential power, restor-
ing checks and balances and accountability and transparency in govern-
ment, and defending elections against foreign interference, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 26, 2021 
Ms. DEAN (for herself, Mr. NADLER, and Mr. SCHIFF) introduced the 
following bill; which was referred to the Committee on the Judiciary 
A BILL 
To protect our democracy by preventing abuses of presi-
dential power, restoring checks and balances and ac-
countability and transparency in government, and de-
fending elections against foreign interference, and for 
other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Congressional Sub-
poena Compliance and Enforcement Act’’. 
SEC. 2. FINDINGS. 
The Congress finds as follows: 
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(1) As the Supreme Court has repeatedly af-
firmed, including in its July 9, 2020, holding in 
Trump v. Mazars, Congress’s ‘‘power of inquiry— 
with process to enforce it—is an essential and ap-
propriate auxiliary to the legislative function’’. 
Congress’s power to obtain information, including 
through the issuance of subpoenas and the enforce-
ment of such subpoenas, is ‘‘broad and indispen-
sable’’. 
(2) Congress ‘‘suffers a concrete and particular-
ized injury when denied the opportunity to obtain in-
formation necessary’’ to the exercise of its constitu-
tional functions, as the U.S. Court of Appeals for 
the District of Columbia Circuit correctly recognized 
in its August 7, 2020, en banc decision in Com-
mittee on the Judiciary of the U.S. House of Rep-
resentatives 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. 
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SEC. 3. 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: 
‘‘(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. 
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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, 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. 
‘‘(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 
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‘‘(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, 
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 
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