Congressional Inherent Contempt Resolution

IV 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, 1 SECTION 1. SHORT TITLE. 2 This resolution may be cited as the ‘‘Congressional 3 Inherent Contempt Resolution’’. 4 SEC. 2. ADDITIONAL SUBPOENA ENFORCEMENT POWER. 5 That rule XI of the Rules of the House of Represent- 6 atives is amended by adding at the end the following new 7 clauses: 8 VerDate Sep 11 2014 02:13 Jun 30, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\HR1029.IH HR1029 pamtmann on DSKBC07HB2PROD with BILLS 2 •HRES 1029 IH ‘‘Additional Subpoena Enforcement Power 1 ‘‘7.(a)(1) Whenever any committee or subcommittee 2 makes a written request to any department or agency of 3 the Government, or to any individual, for the attendance 4 of named witnesses or the production of such books, 5 records, correspondence, memorandum, papers, docu- 6 ments, and electronic or digital files, data or information, 7 in any form, including any electronic or digital files, data 8 or information in any searchable formats in which they 9 are available to or can be produced by the agency, as the 10 committee or subcommittee considers necessary, a senior 11 responsible official shall either comply with that request 12 or file written objections within the time frame for re- 13 sponse set forth in the request. In the absence of a senior 14 responsible official, the witness himself or herself is re- 15 sponsible for the duties that would otherwise have fallen 16 on that official. 17 ‘‘(2) Nothing in this clause shall be interpreted as 18 preventing a witness from asserting personal privileges re- 19 gardless of the decisions and actions of the senior respon- 20 sible official. 21 ‘‘(b) If the senior responsible official files written ob- 22 jections within the timeframe for response, the committee 23 or subcommittee shall seek to resolve these objections 24 through negotiation and accommodation. If a resolution 25 VerDate Sep 11 2014 02:13 Jun 30, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\HR1029.IH HR1029 pamtmann on DSKBC07HB2PROD with BILLS 3 •HRES 1029 IH cannot be reached, staff shall so certify to the chair of 1 the committee. 2 ‘‘(c) If the senior responsible official fails to file ob- 3 jections or make available the designated witnesses or full 4 production of responsive records and information within 5 the timeframe for response, the chair of the committee 6 may issue a subpoena to the senior responsible official for 7 any unproduced records or information as to which no ob- 8 jection was filed, and to any designated witness to which 9 no objection was filed. 10 ‘‘(d) With respect to any portion of the written re- 11 quest for documents and witnesses to which timely objec- 12 tion was made, a subpoena to the senior responsible offi- 13 cial and to designated witnesses, may be issued, following 14 conclusion of the negotiations referred to in paragraph (b), 15 by— 16 ‘‘(1) the chair, upon 48 hours notice to the 17 ranking member, unless the ranking member objects 18 during that period; or 19 ‘‘(2) a vote of the committee. 20 ‘‘(e) If the senior responsible official files written ob- 21 jections to a subpoena issued under paragraphs (c) or (d) 22 within the timeframe for response, or the President per- 23 sonally and in writing asserts a claim of executive privilege 24 with respect to the records, information, and witnesses at 25 VerDate Sep 11 2014 02:13 Jun 30, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\HR1029.IH HR1029 pamtmann on DSKBC07HB2PROD with BILLS 4 •HRES 1029 IH issue, the committee may hold a hearing to consider these 1 objections. The senior responsible official shall personally 2 attend this hearing but may not assert Executive Privilege 3 on behalf of the President, and the committee chair may 4 grant an exception for good cause shown. 5 ‘‘(f) If the committee overrules some or all of the ob- 6 jections asserted, it may issue an order of compliance 7 which states the grounds for rejection of the objections, 8 the date for compliance, and an advisement of the legal 9 consequences of a failure to comply. 10 ‘‘(g) On the failure of the senior responsible official 11 to comply with the order, the committee shall meet to as- 12 sess whether the noncompliance rises to the level of a 13 breach of the constitutional privilege and duty of the 14 House to be fully informed in order to properly perform 15 its legislative responsibilities without undue obstruction 16 and thereby warrants condemnation and punishment. If 17 so, the committee shall report a privileged resolution of 18 contempt. The accompanying report shall include a de- 19 tailed history and nature of the controversy and attempts 20 at accommodation; the legal issues raised; the legislative 21 need for the information sought; the legal and practical 22 reasons for the determination that the objections were re- 23 jected; and the recommended monetary penalties. 24 VerDate Sep 11 2014 02:13 Jun 30, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\HR1029.IH HR1029 pamtmann on DSKBC07HB2PROD with BILLS 5 •HRES 1029 IH ‘‘(h) If the committee reports a resolution of con- 1 tempt, it shall be treated as a rule IX question of privilege 2 of the House requiring precedence over all other questions 3 until resolved and promptly scheduled for floor consider- 4 ation. The chair of the committee shall present the case 5 for passage of the resolution. At the conclusion of the al- 6 lotted period for presentations, questions and debate, a 7 vote on passage of the resolution (including any fine, if 8 any). A proffer of an amendment to alter the rec- 9 ommended penalty is in order. 10 ‘‘(i)(1) Upon House passage of the resolution of con- 11 tempt the contemnor shall be assessed by the body an ini- 12 tial penalty of not more than $25,000 and total penalties 13 of not more than $100,000. The amount of the ultimate 14 penalty depends on timeliness of the contemnor’s compli- 15 ance in providing information withheld. The initial penalty 16 of not more than $25,000 may be increased by increments 17 of not more than $25,000 after a one-time waiting period 18 of 20 calendar days from the initial penalty until the 19 $100,000 maximum is reached. The 20-day period must 20 only be observed after the first penalty. On House passage 21 of the resolution of contempt, the General Counsel is au- 22 thorized to file an immediate suit for a judicial order to 23 freeze the contemnor’s assets. On expiration of the 20- 24 day period for compliance, the General Counsel is author- 25 VerDate Sep 11 2014 20:22 Jul 02, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\HR1029.IH HR1029 pamtmann on DSKBC07HB2PROD with BILLS 6 •HRES 1029 IH ized to file suit for recovery of any accrued penalties, but 1 only if the contemnor has failed to comply with the sub- 2 poena before the end of such 20-day period. 3 ‘‘(2) No appropriated funds, funds provided from any 4 accounts in the Treasury, funds derived from collection 5 of fees, or other Government funds shall be used to pay 6 a monetary penalty imposed by the House under this 7 clause. 8 ‘‘(3) No person, group, entity, organization, or cor- 9 poration may make payments to, reimburse or offer remu- 10 neration of any kind to compensate a contemnor for, or 11 assist a contemnor in paying, any portion of a monetary 12 penalty imposed by the House. Nor shall any person, 13 group, entity, organization, or corporation be permitted to 14 pay any monetary penalties directly on behalf of a 15 contemnor. The House may regard such actions to com- 16 pensate, reimburse or provide remunerations or payments 17 to a contemnor as an obstruction of its investigative and 18 information gathering prerogatives and responsibilities 19 and a contempt of the House. 20 ‘‘(j) As used in this clause: 21 ‘‘(1) The term ‘senior responsible official’ refers 22 to an executive branch official with control or cus- 23 tody over the records or information or the subordi- 24 nate officials or employees that are sought and who 25 VerDate Sep 11 2014 20:22 Jul 02, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\HR1029.IH HR1029 pamtmann on DSKBC07HB2PROD with BILLS 7 •HRES 1029 IH is a civil officer subject to removal from the office 1 under Article II, section 4, of the Constitution, un- 2 less no such civil officer has control or custody over 3 the records or information sought. 4 ‘‘(2) The term ‘objections’ includes an appro- 5 priate privilege log, which shall describe with par- 6 ticularity the records or information withheld and 7 the basis for withholding. The log shall be in such 8 form as instructed by the committee or, in the ab- 9 sence of such instruction, shall be in the form that 10 would be required by the rules and practice of the 11 United States District for the District of Columbia. 12 Failure to file an appropriate and timely privilege 13 log shall be a basis for overruling or disregarding 14 any objection. 15 ‘‘Additional Subpoena Enforcement Power 16 ‘‘8.(a) Whenever any committee or subcommittee 17 makes a written request to any person for the attendance 18 of named witnesses or the production of such books, 19 records, correspondence, memorandum, papers, docu- 20 ments, and electronic or digital files, data or information, 21 in any form, including any electronic or digital files, data 22 or information in any searchable formats in which they 23 are available to or can be produced by that person, as the 24 committee or subcommittee considers necessary, such per- 25 VerDate Sep 11 2014 02:13 Jun 30, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\HR1029.IH HR1029 pamtmann on DSKBC07HB2PROD with BILLS 8 •HRES 1029 IH son shall either comply with that request or file written 1 objections within the time frame for response set forth in 2 the request. 3 ‘‘(b) If such person files written objections within the 4 timeframe for response, the committee or subcommittee 5 shall seek to resolve these objections through negotiation 6 and accommodation. If a resolution cannot be reached, 7 staff shall so certify to the chair of the committee. 8 ‘‘(c) If such person fails to file objections or make 9 available the designated witnesses or full production of re- 10 sponsive records and information within the timeframe for 11 response, the chair of the committee may issue a subpoena 12 to such person for any unproduced records or information 13 as to which no objection was filed, and to any designated 14 witness to which no objection was filed. 15 ‘‘(d) With respect to any portion of the written re- 16 quest for documents and witnesses to which timely objec- 17 tion was made, a subpoena to designated witnesses may 18 be issued, following conclusion of the negotiations referred 19 to in paragraph (b), by— 20 ‘‘(1) the chair, upon 48 hours notice to the 21 ranking member, unless the ranking member objects 22 during that period; or 23 ‘‘(2) a vote of the committee. 24 VerDate Sep 11 2014 02:13 Jun 30, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\HR1029.IH HR1029 pamtmann on DSKBC07HB2PROD with BILLS 9 •HRES 1029 IH ‘‘(e) If such person files written objections to a sub- 1 poena issued under paragraphs (c) or (d) within the time- 2 frame for response, the committee may hold a hearing to 3 consider these objections. The person shall personally at- 4 tend this hearing, but the committee chair may grant an 5 exception for good cause shown. 6 ‘‘(f) If the committee overrules some or all of the ob- 7 jections asserted, it may issue an order of compliance 8 which states the grounds for rejection of the objections, 9 the date for compliance, and an advisement of the legal 10 consequences of a failure to comply. The person shall com- 11 ply with such order within the timeframe for response. 12 ‘‘(g) On the failure of the person to comply with the 13 order of the compliance of the committee shall meet to 14 assess whether the noncompliance rises to the level of a 15 breach of the constitutional privilege and duty of the 16 House to be fully informed in order to properly perform 17 its legislative responsibilities without undue obstruction 18 and thereby warrants condemnation and punishment. If 19 so, the committee shall report a privileged resolution of 20 contempt. The accompanying report shall include a de- 21 tailed history and nature of the controversy and attempts 22 at accommodation; the legal issues raised; the legislative 23 need for the information sought; the legal and practical 24 VerDate Sep 11 2014 02:13 Jun 30, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\HR1029.IH HR1029 pamtmann on DSKBC07HB2PROD with BILLS 10 •HRES 1029 IH reasons for the determination that the objections were re- 1 jected; and the recommended monetary penalties. 2 ‘‘(h) If the committee reports a resolution of con- 3 tempt, it shall be treated as a rule IX question of privilege 4 of the House requiring precedence over all other questions 5 until resolved and promptly scheduled for floor consider- 6 ation. The chair of the committee shall present the case 7 for passage of the resolution. At the conclusion of the al- 8 lotted period for presentations, questions and debate, a 9 vote on passage of the resolution (including any fine, if 10 any). A proffer of an amendment to alter the rec- 11 ommended penalty is in order. 12 ‘‘(i)(1) Upon House passage of the resolution of con- 13 tempt the contemnor shall be assessed by the body an ini- 14 tial penalty of not more than $25,000 and total penalties 15 of not more than $100,000. The amount of the ultimate 16 penalty depends on timeliness of the contemnor’s compli- 17 ance in providing information withheld. The initial penalty 18 of not more than $25,000 may be increased by increments 19 of not more than $25,000 after a one-time waiting period 20 of 20 calendar days from the initial penalty until the 21 $100,000 maximum is reached. The 20-day period must 22 only be observed after the first penalty. On House passage 23 of the resolution of contempt, the General Counsel is au- 24 thorized to file an immediate suit for a [Text truncated for display. Full text available on Congress.gov.]