Title: Congressional Inherent Contempt Resolution
Policy area: Congress

Summary:
Congressional Inherent Contempt Resolution
This resolution authorizes the House of Representatives to enforce congressional subpoenas by holding noncomplying individuals in contempt and levying monetary penalties against them.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 1029 Introduced in House (IH)]

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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 Representatives is 
amended by adding at the end the following new clauses:
``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, documents, 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 response set forth in 
the request. In the absence of a senior responsible official, the 
witness himself or herself is responsible 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 regardless of the decisions 
and actions of the senior responsible official.
    ``(b) If the senior responsible official 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 the senior responsible official fails to file objections 
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 objection was filed, and to any designated witness to which no 
objection was filed.
    ``(d) With respect to any portion of the written request for 
documents and witnesses to which timely objection was made, a subpoena 
to the senior responsible official 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 objections 
to a subpoena issued under paragraphs (c) or (d) within the timeframe 
for response, or the President personally 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.
    ``(f) If the committee overrules some or all of the objections 
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 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 detailed 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 rejected; and 
the recommended monetary penalties.
    ``(h) If the committee reports a resolution of contempt, 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 consideration. The chair of the committee shall 
present the case for passage of the resolution. At the conclusion of 
the allotted 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 recommended penalty is in order.
    ``(i)(1) Upon House passage of the resolution of contempt the 
contemnor shall be assessed by the body an initial 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 
compliance 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 authorized 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 authorized to file suit for recovery of any accrued 
penalties, but only if the contemnor has failed to comply with the 
subpoena 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 corporation may 
make payments to, reimburse or offer remuneration 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 compensate, 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 custody over the 
        records or information or the subordinate officials or 
        employees that are sought and who is a civil officer subject to 
        removal from the office under Article II, section 4, of the 
        Constitution, unless no such civil officer has control or 
        custody over the records or information sought.
            ``(2) The term `objections' includes an appropriate 
        privilege log, which shall describe with particularity 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 absence 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, 
documents, 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 person 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 responsive 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 request for 
documents and witnesses to which timely objection 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.
    ``(e) If such person files written objections to a subpoena issued 
under paragraphs (c) or (d) within the timeframe for response, the 
committee may hold a hearing to consider these objections. The person 
shall personally attend this hearing, but the committee chair may grant 
an exception for good cause shown.
    ``(f) If the committee overrules some or all of the objections 
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 comply 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 detailed 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 rejected; and 
the recommended monetary penalties.
    ``(h) If the committee reports a resolution of contempt, 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 consideration. The chair of the committee shall 
present the case for passage of the resolution. At the conclusion of 
the allotted 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 recommended penalty is in order.
    ``(i)(1) Upon House passage of the resolution of contempt the 
contemnor shall be assessed by the body an initial 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 
compliance 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 authorized 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 authorized to file suit for recovery of any accrued 
penalties, but only if the contemnor has failed to comply with the 
subpoena 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 corporation may 
make payments to, reimburse or offer remuneration 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 compensate, 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 `person' includes an individual, 
        partnership, corporation, association, or public or private 
        organization other than an department or agency of the 
        Government.
            ``(2) The term `objections' has meaning given to such term 
        in section 7(m).''.
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