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been waived as to any particular record withheld from pro-
duction if the court finds that the recipient failed in a 
timely manner to comply with the requirement of section 
105 of the Revised Statutes of the United States that it 
produce a privilege log with respect to such record. 
‘‘(d) DEFINITION.—For purposes of this section, the 
term ‘Government agency’ means an executive department 
listed in section 101 of title 5, United States Code, an 
independent establishment, commission, board, bureau, di-
vision, or office in the executive branch, or other agency 
of the Federal Government, including wholly or partly 
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. 3. COMPLIANCE WITH CONGRESSIONAL SUBPOENAS. 
(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 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 or 
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produce records in a manner consistent with the subpoena 
and this section. 
‘‘(b) CONGRESSIONAL SUBPOENAS FOR RECORDS.— 
‘‘(1) IDENTIFICATION
OF
RECORDS
WITH-
HELD.—In the case of a record that is withheld, in 
whole or in part, by the subpoena recipient, the sub-
poena recipient shall provide a log containing the 
following information concerning such record: 
‘‘(A) An express assertion and description 
of the legal basis asserted for withholding the 
record. 
‘‘(B) The type of record. 
‘‘(C) The general subject matter. 
‘‘(D) The date, author, and addressee. 
‘‘(E) The relationship of the author and 
addressee to each other. 
‘‘(F) The custodian of the record. 
‘‘(G) Any other descriptive information 
that may be produced or disclosed regarding 
the record that will enable the congressional 
committee or subcommittee issuing the sub-
poena to assess the legal basis asserted for 
withholding the record. 
‘‘(2) MISSING RECORDS.—In the case of any 
record responsive to the subpoena submitted under 
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paragraph (1) that was, but no longer is, in the pos-
session, custody, or control of the subpoena recipi-
ent, the subpoena recipient shall identify the record 
(including the date, author, subject, and each recipi-
ent of the record) and explain the circumstances 
under which the record ceased to be in the posses-
sion, custody, or control of the subpoena recipient. 
‘‘(3) 
ELECTRONIC
RECORDS.—Electronic 
records shall be produced pursuant to this sub-
section in their native or original file format. Elec-
tronic records shall be delivered on a storage device 
(such as compact disk, memory stick, or thumb 
drive) and, to the extent feasible, shall be organized, 
identified, and indexed electronically and shall in-
clude an index describing the contents of the produc-
tion. 
‘‘(c) DEFINITIONS.—For purposes of this section the 
term ‘record’ includes any books, papers, documents, data, 
or other objects requested in a subpoena issued by a con-
gressional 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.’’. 
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SEC. 4. RULE OF CONSTRUCTION. 
Nothing in this Act shall be interpreted to diminish 
Congress’ inherent authority or previously established 
methods and practices for enforcing compliance with con-
gressional subpoenas, nor shall anything in this Act be in-
terpreted to establish Congress’ acceptance of any as-
serted privilege or other legal basis for noncompliance with 
a congressional subpoena. 
Passed the House of Representatives October 23, 
2017. 
Attest: 
KAREN L. HAAS, 
Clerk. 
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