,i  #aafth ,,congress  #b;d ,session    
,h4 ,r4 #hcce  ,,in ,,the ,,house ,,of  
,,representatives  ,september #bb1      
#bjbj,ms4 ,dean 7for herself and ,mr4   
,nadler7 introduced the following bill2 
which was referred to the ,committee on 
the ,judiciary  ,a ,,bill  ,to amend the
 ,revised ,statutes of the ,united      
,states and title #bh1 ,united ,states  
,code1 to enhance compliance with       
requests for information pursuant to    
legislative power under ,article ,i of  
the ,constitution1 and for other        
purposes4  #a4 ,short title ,this ,act  
may be cited as the ,congressional      
,subpoena ,compliance and ,enforcement  
,act of #bjbj4  #b4 ,findings ,the      
,congress finds as follows3 7#a7 ,as the
 ,supreme ,court has repeatedly         
affirmed1 including in its ,july #i1    
#bjbj1 holding in ,trump v4 ,mazars1    
,congress's power of inquiry--with      
process to enforce it--is an essential  
and appropriate auxiliary to the        
legislative function4 ,congress's power 

to obtain information1 including through
 the issuance of subpoenas and the      
enforcement of such subpoenas1 is broad 
and indispensable4  7#b7 ,congress      
suffers a concrete and particularized   
injury when denied the opportunity to   
obtain information necessary to the     
exercise of its constitutional          
functions1 as the ,u4,s4 ,court of      
,appeals for the ,district of ,columbia 
,circuit correctly recognized in its    
,august #g1 #bjbj1 en banc decision in  
,committee on the ,judiciary of the     
,u4,s4 ,house of ,representatives v4    
,mc,gahn4  7#c7 ,accordingly1 the       
,constitution secures to each ,house of 
,congress an inherent right to enforce  
its subpoenas in court4 ,explicit       
statutory authorization is not required 
to secure such a right of action1 and   
the contrary holding by a divided panel 
of the ,u4,s4 ,court of ,appeals for the
 ,district of ,columbia ,circuit in     
,mc,gahn1 entered on ,august #ca1 #bjbj1
 was in error4  #c4 ,enforcement of     

congressional subpoenas  7a7 ,in general
 ,chapter #he of title #bh1 ,united     
,states ,code1 is amended by inserting  
after section #acfe the following3      
#acfe;a4 ,congressional actions against 
subpoena recipients  7a7 ,cause of      
action ,the ,united ,states ,house of   
,representatives1 the ,united ,states   
,senate1 or a committee or subcommittee 
thereof1 may bring a civil action       
against the recipient of a subpoena     
issued by a congressional committee or  
subcommittee to enforce compliance with 
the subpoena4  7b7 ,special rules ,in   
any civil action described in subsection
 7a71 the following rules shall apply3  
7#a7 ,the action may be filed in a      
,united ,states district court of       
competent jurisdiction4  7#b7           
,notwithstanding section #afeg7;a71 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 appeal4 ,upon a 
showing by the plaintiff of undue delay1

 other irreparable harm1 or good cause1 
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 paragraph4  
7#c7 ,if a three-judge court is         
expressly requested by the plaintiff in 
the initial pleading1 the action shall  
be heard by a three-judge court convened
 pursuant to section #bbhd1 and shall be
 reviewable only by appeal directly to  
the ,supreme ,court of the ,united      
,states4 ,such appeal shall be taken by 
the filing of a notice of appeal within 
#aj days1 and the filing of a           
jurisdictional statement within #cj     
days1 of the entry of the final         
decision4  7c7 ,penalties  7#a7 ,cases  
involving government agencies  7,a7 ,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 subpoena4  7,b7     

,prohibition on use of government funds 
,no appropriated funds1 funds provided  
from any accounts in the ,treasury1     
funds derived from the collection of    
fees1 or other ,government funds shall  
be used to pay any monetary penalty     
imposed by the court pursuant to this   
paragraph4  7#b7 ,legal fees ,in        
addition to any other penalties or      
sanctions1 the court shall require that 
any defendant1 other than a ,government 
agency1 held to have willfully failed to
 comply with any part of a congressional
 subpoena1 pay a penalty in an amount   
equal to that party's legal fees1       
including attorney's fees1 litigation   
expenses1 and other costs4 ,if such     
defendant if is an officer or employee  
of a ,government agency1 such fees may  
be paid from funds appropriated to pay  
the salary of the defendant4  7d7       
,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 #aje7;b7 of
 the ,revised ,statutes of the ,united  
,states with respect to such            
information4  7e7 ,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 7a74 ,such rules
 shall be prescribed and submitted to   
the ,congress pursuant to sections      
#bjgb1 #bjgc1 and #bjgd4 ,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      
subcommittee4 ,the ,supreme ,court shall
 transmit such rules to ,congress within
 #f months after the effective date of  
this section and then pursuant to       

section #bjgd thereafter4  7f7          
,definition ,for purposes of this       
section1 the term ,government agency    
means any office or entity described in 
section #aje and #ajf of title #c1 an   
executive department listed in section  
#aja of title #e1 an independent        
establishment1 commission1 board1       
bureau1 division1 or office in the      
executive branch1 or other agency or    
instrumentality of the ,federal         
,government1 including wholly or partly 
owned ,government corporations4  4  7b7 
,clerical amendment ,the table of       
sections for chapter #he of title #bh1  
,united ,states ,code1 is amended by    
inserting after the item relating to    
section #acfe the following3  #acfe;a4  
,congressional actions against subpoena 
recipients4  4  #d4 ,compliance with    
congressional subpoenas  7a7 ,in general
 ,chapter #g of title ,,ii of the       
,revised ,statutes of the ,united       
,states 7#b ,u4,s4,c4 #aia et seq47 is  
amended-- 7#a7 by adding at the end the 

following3  #aje4 ,response to          
congressional subpoenas  7a7 ,subpoena  
by congressional committee ,any         
recipient of any subpoena from a        
congressional committee or subcommittee 
shall appear and testify1 produce1 or   
otherwise disclose information in a     
manner consistent with the subpoena and 
this section4  7b7 ,failure ,to produce 
information  7#a7 ,grounds for          
withholding information ,unless required
 by the ,constitution or by ,federal    
statute1 no claim of privilege or       
protection from disclosure shall be a   
ground for withholding information      
responsive to the subpoena or required  
by this section4  7#b7 ,identification  
of information withheld ,in the case of 
information that is withheld1 in whole  
or in part1 by the subpoena recipient1  
the subpoena recipient shall1 without   
delay provide a log containing the      
following3 7,a7 ,an express assertion   
and description of the ground asserted  
for withholding the information4  7,b7  

,the type of information4  7,c7 ,the    
general subject matter4  7,d7 ,the date1
 author1 and addressee4  7,e7 ,the      
relationship of the author and addressee
 to each other4  7,f7 ,the custodian of 
the information4  7,g7 ,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     
information4  7c7 ,definition ,for      
purposes of this section the term       
information includes any books1 papers1 
documents1 data1 or other objects       
requested in a subpoena issued by a     
congressional committee or subcommittee4
  2 and  7#b7 in section #ajd1 by       
striking the period at the end and      
inserting the following3 1 or the       
,attorney ,general for the ,district of 
,columbia1 in which case1               
notwithstanding section #bc-aja1        
,district of ,columbia ,official ,code1 

the offense may be prosecuted by the    
,attorney ,general for the ,district of 
,columbia1 and shall be punishable by a 
fine of not more than #a1jjj and        
imprisonment of not more than #ab       
months4 4  7b7 ,clerical amendment ,the 
table of contents for chapter #g of     
title ,,ii of the ,revised ,statutes of 
the ,united ,states is amended by adding
 at the end the following3  #aje4       
,response to congressional subpoenas4  4
  #e4 ,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 
subpoenas1 nor may anything in this ,act
 be interpreted to establish or         
recognize any ground for noncompliance  
with a congressional subpoena4