Title: Congressional Subpoena Compliance and Enforcement Act of 2020
Policy area: Law

Summary:
Congressional Subpoena Compliance and Enforcement Act of 2020

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8335 Introduced in House (IH)]

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116th CONGRESS
  2d Session
                                H. R. 8335

To amend the Revised Statutes of the United States and title 28, United 
   States Code, to enhance compliance with requests for information 
pursuant to legislative power under Article I of the Constitution, and 
                          for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 22, 2020

 Ms. Dean (for herself and Mr. Nadler) introduced the following bill; 
          which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To amend the Revised Statutes of the United States and title 28, United 
   States Code, to enhance compliance with requests for information 
pursuant to legislative power under Article I of the Constitution, and 
                          for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Congressional Subpoena Compliance 
and Enforcement Act of 2020''.

SEC. 2. FINDINGS.

    The Congress finds as follows:
            (1) As the Supreme Court has repeatedly affirmed, 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 appropriate auxiliary to the legislative function''. 
        Congress's power to obtain information, including through the 
        issuance of subpoenas and the enforcement of such subpoenas, is 
        ``broad and indispensable''.
            (2) Congress ``suffers a concrete and particularized injury 
        when denied the opportunity to obtain information necessary'' 
        to the exercise of its constitutional 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 Committee 
        on the Judiciary of the U.S. House of Representatives v. 
        McGahn.
            (3) Accordingly, the Constitution secures to each House of 
        Congress an inherent right to enforce its subpoenas in court. 
        Explicit statutory authorization 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. 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:
``Sec. 1365a. Congressional actions against subpoena recipients
    ``(a) Cause of Action.--The United States House of Representatives, 
the United States Senate, or a committee or subcommittee thereof, may 
bring a civil action against the recipient of a subpoena issued by a 
congressional 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 disposition 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 compliance with this 
        paragraph.
            ``(3) If a three-judge court is expressly requested by the 
        plaintiff in the initial pleading, the action shall be heard by 
        a three-judge court convened pursuant to section 2284, and 
        shall be reviewable 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.
    ``(c) Penalties.--
            ``(1) Cases involving government agencies.--
                    ``(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 subpoena.
                    ``(B) Prohibition on use of government 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 
        attorney's fees, litigation expenses, and other costs. If such 
        defendant if is an officer or employee of a Government agency, 
        such fees may be paid from funds appropriated to pay the salary 
        of the defendant.
    ``(d) Waiver.--Any ground for noncompliance asserted by the 
recipient of a congressional subpoena shall be deemed to have been 
waived as to any particular information withheld from production if the 
court finds that the recipient failed in a timely manner to comply with 
the requirements of section 105(b) of the Revised Statutes of the 
United States with respect to such information.
    ``(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 include 
procedures for expeditiously considering any assertion of 
constitutional or Federal statutory privilege made in connection with 
testimony by any recipient of a subpoena from a congressional committee 
or subcommittee. 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 described in section 105 
and 106 of title 3, an executive department listed in section 101 of 
title 5, an independent establishment, commission, board, bureau, 
division, or office in the executive branch, or other agency or 
instrumentality 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. 4. COMPLIANCE WITH CONGRESSIONAL SUBPOENAS.

    (a) In General.--Chapter 7 of title II of the Revised 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 committee or subcommittee shall appear 
and testify, produce, or otherwise disclose information in a manner 
consistent with the subpoena and this section.
    ``(b) Failure To Produce Information.--
            ``(1) Grounds for withholding information.--Unless required 
        by the Constitution or by Federal statute, no claim of 
        privilege or protection from disclosure shall be a ground for 
        withholding information responsive to the subpoena or required 
        by this section.
            ``(2) Identification of information withheld.--In the case 
        of information that is withheld, in whole or in part, by the 
        subpoena recipient, the subpoena recipient shall, without delay 
        provide a log containing the following:
                    ``(A) An express assertion and description of the 
                ground asserted for withholding the information.
                    ``(B) The type of information.
                    ``(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 information.
                    ``(G) Any other descriptive information that may be 
                produced or disclosed regarding the information that 
                will enable the congressional 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.''; and
            (2) in section 104, by striking the period at the end and 
        inserting the following:
    ``, or the Attorney General for the District of Columbia, in which 
case, notwithstanding section 23-101, District of Columbia Official 
Code, the offense may be prosecuted by the Attorney General for the 
District of Columbia, and shall be punishable by a fine of not more 
than $1,000 and imprisonment of not more than 12 months.''.
    (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 following:

``105. Response to congressional subpoenas.''.

SEC. 5. RULE OF CONSTRUCTION.

    Nothing in this Act 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 Act 
be interpreted to establish or recognize any ground for noncompliance 
with a congressional subpoena.
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