HR 4010 · 115th Congress 2017–2019, ended

Congressional Subpoena Compliance and Enforcement Act of 2017

Latest action · Oct 24, 2017 Received in the Senate and Read twice and referred to the Committee on the Judiciary.

Progress

Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.

  1. IntroducedOct 11, 2017
  2. Passed HouseOct 23, 2017
  3. Passed SenateNot reached
  4. To the PresidentNot reached
  5. Became lawNot reached

Summary

Congressional Subpoena Compliance and Enforcement Act of 2017

(Sec. 2) This bill amends the federal judicial code to establish certain rules that apply in a civil action by the Senate, House of Representatives, or a congressional committee or subcommittee against an individual who receives, but fails to comply with, a congressional subpoena. Specifically, the rules:

  • allow the action to be filed in a U.S. district court;
  • require expedited disposition of the action and any appeals; and
  • authorize court-imposed monetary penalties against the head of a government agency or component who willfully fails to comply with a congressional subpoena.

(Sec. 3) Additionally, the bill amends the Revised Statutes of the United States to establish requirements for the recipient of a subpoena from a congressional committee or subcommittee, including:

  • to appear and testify or produce records—books, papers, documents, data, or other objects—in a manner consistent with the subpoena; and
  • to provide a privilege log containing certain information about records that are withheld, such as the type of record and the legal basis for withholding it.

Cosponsors 5

Members who signed on, in the order they did. Signatures ran from Oct 11, 2017 to Oct 23, 2017; 4 are original cosponsors, there from the day it was introduced.

SeatCosponsorSigned on
R-TXBlake FarentholdOriginalOct 11, 2017
R-VABob GoodlatteOriginalOct 11, 2017
R-TXLamar SmithOriginalOct 11, 2017
R-TXPete SessionsOriginalOct 11, 2017
R-INLuke MesserOct 23, 2017

Committees 2

Where it was sent and what each committee and subcommittee did with it, in order.

ChamberCommitteeWhat it did
HouseJudiciary Committee
Referred Oct 11, 2017Markup Oct 12, 2017Reported Oct 23, 2017
SenateJudiciary Committee
Referred Oct 24, 2017

Actions 12

Everything that happened, newest first.

  1. Oct 24, 2017Received in the Senate and Read twice and referred to the Committee on the Judiciary.
  2. Oct 23, 2017Reported (Amended) by the Committee on Judiciary. H. Rept. 115-360.
  3. Oct 23, 2017Placed on the Union Calendar, Calendar No. 264.
  4. Oct 23, 2017Mr. Issa moved to suspend the rules and pass the bill, as amended.
  5. Oct 23, 2017Considered under suspension of the rules. (consideration: CR H8059-8061)
  6. Oct 23, 2017DEBATE - The House proceeded with forty minutes of debate on H.R. 4010.
  7. Oct 23, 2017Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H8059-8060)
  8. Oct 23, 2017Motion to reconsider laid on the table Agreed to without objection.
  9. Oct 12, 2017Committee Consideration and Mark-up Session Held.
  10. Oct 12, 2017Ordered to be Reported (Amended) by the Yeas and Nays: 26 - 0.
  11. Oct 11, 2017Introduced in House
  12. Oct 11, 2017Referred to the House Committee on the Judiciary.

In the Congressional Record 2

Days the Record’s own index lists this bill, newest first, with the pages and the members it names. Pages starting H are the House, S the Senate, E Extensions of Remarks.

WhereIn the RecordMembersDate
ExtensionsDebate and remarks E1442Henry C. "Hank" Johnson, Jr. D-GAOct 26, 2017
HouseDebate and remarks H8059–H8061Text printed H8059Bob Goodlatte R-VA, Darrell Issa R-CA, Jerrold Nadler D-NYOct 23, 2017

Research

What has been written about this bill: committee reports, cost estimates, the sponsor’s authority statement, printed hearings and the Congressional Research Service’s work.

Committee report

Congressional Budget Office cost estimate

  1. Oct 20, 2017H.R. 4010, Congressional Subpoena Compliance and Enforcement Act of 2017As ordered reported by the House Committee on the Judiciary on October 12, 2017

Constitutional authority

Congress has the power to enact this legislation pursuant to the following: Article I, Section 8, clause 9; Article III, Section 1; and Article III, Section 2, clause 2 of the Constitution, which grant Congress authority to over the federal courts. In addition, the Necessary and Proper Clause of Article I, section 8 grants Congress the authority to issue subpoenas incident to its legislative power and require compliance with such subpoenas.

The sponsor’s statement, as printed in the Congressional Record, vol. 163, no. 163, October 11, 2017, page H7975.

CRS reports 2

Congressional Research Service work that CRS links to this bill or the law it became, newest first.

Cite it 2

Products on other subjects that cite it, usually among other measures.

Titles 4

Every title it has carried, official and short, at each stage.

Official Title as Introduced
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.
Short Titles as Introduced
Congressional Subpoena Compliance and Enforcement Act of 2017
Short Titles as Reported to House
Congressional Subpoena Compliance and Enforcement Act of 2017
Short Titles as Passed House
Congressional Subpoena Compliance and Enforcement Act of 2017

Subjects

Assigned by the Library of Congress. Policy area: Law.

Text 4

Each version as it was printed, newest first.

  1. Oct 24, 2017Referred in Senate
  2. Oct 23, 2017Engrossed in House
  3. Oct 23, 2017Reported in House
  4. Oct 11, 2017Introduced in House

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Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.