,,iv #aafth ,,congress #b;d ,session ,h4 ,,res4 #ajbi ,,in ,,the ,,house ,,of ,,representatives ,june #bi1 #bjbj,mr4 ,ted ,lieu of ,california 7for himself1 ,mr4 ,neguse1 ,mr4 ,raskin1 ,ms4 ,dean1 ,mr4 ,cicilline1 ,mrs4 ,demings1 ,mr4 ,swalwell of ,california1 ,mr4 ,mc,nerney1 ,ms4 ,wild1 ,mr4 ,connolly1 and ,mr4 ,cohen7 submitted the following resolution2 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 officials1 and for other purposes4 #a4 ,short title ,this resolution may be cited as the ,congressional ,inherent ,contempt ,resolution4 #b4 ,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 clauses3 ,additional ,subpoena ,enforcement ,power#g4 7a7 7#a7 ,whenever any committee or subcommittee makes a written request to any department or agency of the ,government1 or to any individual1 for the attendance of named witnesses or the production of such books1 records1 correspondence1 memorandum1 papers1 documents1 and electronic or digital files1 data or information1 in any form1 including any electronic or digital files1 data or information in any searchable formats in which they are available to or can be produced by the agency1 as the committee or subcommittee considers necessary1 a senior responsible official shall either comply with that request or file written objections within the time frame for response set forth in the request4 ,in the absence of a senior responsible official1 the witness himself or herself is responsible for the duties that would otherwise have fallen on that official4 7#b7 ,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 official4 7b7 ,if the senior responsible official files written objections within the timeframe for response1 the committee or subcommittee shall seek to resolve these objections through negotiation and accommodation4 ,if a resolution cannot be reached1 staff shall so certify to the chair of the committee4 7c7 ,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 response1 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 filed1 and to any designated witness to which no objection was filed4 7d7 ,with respect to any portion of the written request for documents and witnesses to which timely objection was made1 a subpoena to the senior responsible official and to designated witnesses1 may be issued1 following conclusion of the negotiations referred to in paragraph 7b71 by-- 7#a7 the chair1 upon #dh hours notice to the ranking member1 unless the ranking member objects during that period2 or 7#b7 a vote of the committee4 7e7 ,if the senior responsible official files written objections to a subpoena issued under paragraphs 7c7 or 7d7 within the timeframe for response1 or the ,president personally and in writing asserts a claim of executive privilege with respect to the records1 information1 and witnesses at issue1 the committee may hold a hearing to consider these objections4 ,the senior responsible official shall personally attend this hearing but may not assert ,executive ,privilege on behalf of the ,president1 and the committee chair may grant an exception for good cause shown4 7f7 ,if the committee overrules some or all of the objections asserted1 it may issue an order of compliance which states the grounds for rejection of the objections1 the date for compliance1 and an advisement of the legal consequences of a failure to comply4 7g7 ,on the failure of the senior responsible official to comply with the order1 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 punishment4 ,if so1 the committee shall report a privileged resolution of contempt4 ,the accompanying report shall include a detailed history and nature of the controversy and attempts at accommodation2 the legal issues raised2 the legislative need for the information sought2 the legal and practical reasons for the determination that the objections were rejected2 and the recommended monetary penalties4 7h7 ,if the committee reports a resolution of contempt1 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 consideration4 ,the chair of the committee shall present the case for passage of the resolution4 ,at the conclusion of the allotted period for presentations1 questions and debate1 a vote on passage of the resolution 7including any fine1 if any74 ,a proffer of an amendment to alter the recommended penalty is in order4 7i7 7#a7 ,upon ,house passage of the resolution of contempt the contemnor shall be assessed by the body an initial penalty of not more than #be1jjj and total penalties of not more than #ajj1jjj4 ,the amount of the ultimate penalty depends on timeliness of the contemnor's compliance in providing information withheld4 ,the initial penalty of not more than #be1jjj may be increased by increments of not more than #be1jjj after a one-time waiting period of #bj calendar days from the initial penalty until the #ajj1jjj maximum is reached4 ,the #bj-;day period must only be observed after the first penalty4 ,on ,house passage of the resolution of contempt1 the ,general ,counsel is authorized to file an immediate suit for a judicial order to freeze the contemnor's assets4 ,on expiration of the #bj-;day period for compliance1 the ,general ,counsel is authorized to file suit for recovery of any accrued penalties1 but only if the contemnor has failed to comply with the subpoena before the end of such #bj-;day period4 7#b7 ,no appropriated funds1 funds provided from any accounts in the ,treasury1 funds derived from collection of fees1 or other ,government funds shall be used to pay a monetary penalty imposed by the ,house under this clause4 7#c7 ,no person1 group1 entity1 organization1 or corporation may make payments to1 reimburse or offer remuneration of any kind to compensate a contemnor for1 or assist a contemnor in paying1 any portion of a monetary penalty imposed by the ,house4 ,nor shall any person1 group1 entity1 organization1 or corporation be permitted to pay any monetary penalties directly on behalf of a contemnor4 ,the ,house may regard such actions to compensate1 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 ,house4 7j7 ,as used in this clause3 7#a7 ,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 ,,ii1 section #d1 of the ,constitution1 unless no such civil officer has control or custody over the records or information sought4 7#b7 ,the term objections includes an appropriate privilege log1 which shall describe with particularity the records or information withheld and the basis for withholding4 ,the log shall be in such form as instructed by the committee or1 in the absence of such instruction1 shall be in the form that would be required by the rules and practice of the ,united ,states ,district for the ,district of ,columbia4 ,failure to file an appropriate and timely privilege log shall be a basis for overruling or disregarding any objection4 ,additional ,subpoena ,enforcement ,power#h4 7a7 ,whenever any committee or subcommittee makes a written request to any person for the attendance of named witnesses or the production of such books1 records1 correspondence1 memorandum1 papers1 documents1 and electronic or digital files1 data or information1 in any form1 including any electronic or digital files1 data or information in any searchable formats in which they are available to or can be produced by that person1 as the committee or subcommittee considers necessary1 such person shall either comply with that request or file written objections within the time frame for response set forth in the request4 7b7 ,if such person files written objections within the timeframe for response1 the committee or subcommittee shall seek to resolve these objections through negotiation and accommodation4 ,if a resolution cannot be reached1 staff shall so certify to the chair of the committee4 7c7 ,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 response1 the chair of the committee may issue a subpoena to such person for any unproduced records or information as to which no objection was filed1 and to any designated witness to which no objection was filed4 7d7 ,with respect to any portion of the written request for documents and witnesses to which timely objection was made1 a subpoena to designated witnesses may be issued1 following conclusion of the negotiations referred to in paragraph 7b71 by-- 7#a7 the chair1 upon #dh hours notice to the ranking member1 unless the ranking member objects during that period2 or 7#b7 a vote of the committee4 7e7 ,if such person files written objections to a subpoena issued under paragraphs 7c7 or 7d7 within the timeframe for response1 the committee may hold a hearing to consider these objections4 ,the person shall personally attend this hearing1 but the committee chair may grant an exception for good cause shown4 7f7 ,if the committee overrules some or all of the objections asserted1 it may issue an order of compliance which states the grounds for rejection of the objections1 the date for compliance1 and an advisement of the legal consequences of a failure to comply4 ,the person shall comply with such order within the timeframe for response4 7g7 ,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 punishment4 ,if so1 the committee shall report a privileged resolution of contempt4 ,the accompanying report shall include a detailed history and nature of the controversy and attempts at accommodation2 the legal issues raised2 the legislative need for the information sought2 the legal and practical reasons for the determination that the objections were rejected2 and the recommended monetary penalties4 7h7 ,if the committee reports a resolution of contempt1 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 consideration4 ,the chair of the committee shall present the case for passage of the resolution4 ,at the conclusion of the allotted period for presentations1 questions and debate1 a vote on passage of the resolution 7including any fine1 if any74 ,a proffer of an amendment to alter the recommended penalty is in order4 7i7 7#a7 ,upon ,house passage of the resolution of contempt the contemnor shall be assessed by the body an initial penalty of not more than #be1jjj and total penalties of not more than #ajj1jjj4 ,the amount of the ultimate penalty depends on timeliness of the contemnor's compliance in providing information withheld4 ,the initial penalty of not more than #be1jjj may be increased by increments of not more than #be1jjj after a one-time waiting period of #bj calendar days from the initial penalty until the #ajj1jjj maximum is reached4 ,the #bj-;day period must only be observed after the first penalty4 ,on ,house passage of the resolution of contempt1 the ,general ,counsel is authorized to file an immediate suit for a judicial order to freeze the contemnor's assets4 ,on expiration of the #bj-;day period for compliance1 the ,general ,counsel is authorized to file suit for recovery of any accrued penalties1 but only if the contemnor has failed to comply with the subpoena before the end of such #bj-;day period4 7#b7 ,no appropriated funds1 funds provided from any accounts in the ,treasury1 funds derived from collection of fees1 or other ,government funds shall be used to pay a monetary penalty imposed by the ,house under this clause4 7#c7 ,no person1 group1 entity1 organization1 or corporation may make payments to1 reimburse or offer remuneration of any kind to compensate a contemnor for1 or assist a contemnor in paying1 any portion of a monetary penalty imposed by the ,house4 ,nor shall any person1 group1 entity1 organization1 or corporation be permitted to pay any monetary penalties directly on behalf of a contemnor4 ,the ,house may regard such actions to compensate1 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 ,house4 7j7 ,as used in this clause3 7#a7 ,the term person includes an individual1 partnership1 corporation1 association1 or public or private organization other than an department or agency of the ,government4 7#b7 ,the term objections has meaning given to such term in section #g7m74 4