H.R.4010 – Congressional Subpoena Compliance and Enforcement Act of 2017

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Week ending October 27, 2017

H.R.4010 – Congressional Subpoena Compliance and Enforcement Act of 2017

Brief

The bill would 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.

‘H.R. 4010 would require recipients of subpoenas to provide information on the nature of withheld records. The bill also would require the courts to expedite civil actions related to compliance with Congressional subpoenas. The bill also would authorize the courts to impose monetary penalties, which are recorded in the budget as revenues, against any government official found to have willfully failed to comply with a subpoena.’ – cbo

In any civil action brought by the United States House of Representatives, the United States Senate against the recipient of a subpoena to secure declaratory, injunctive, or other relief as may be appropriate concerning the failure to comply with a subpoena issued by a congressional committee or subcommittee, the following rules shall apply:

The action shall be filed in a United States district court of competent jurisdiction.

It shall be the duty of the United States district courts, the United States courts of appeal, and the Supreme Court of the United States to advance on the docket and to expedite to the greatest possible extent the disposition of any such action and appeal.

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 of title 28, United States Code, 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.

 (Full text of H.R. 4010 congress.gov)

SponsorRep. Issa, Darrell E. [R-CA-49] (Introduced 10/11/2017)

Status: Passed House /

VOTES and FLOOR ACTION

HOUSE

On Passage: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote

House Amendments:

Motion to recommit:

Text of the motion:

SENATE

On Passage:

Procedural Actions:

Senate Amendments:

COST AND IMPACT

Cost to the taxpayers:  Because we expect the number of such cases to be small, CBO estimates that increased revenues under the bill would be insignificant for each year.

Pay-as-you-go requirements:  Because enacting H.R. 4010 could affect direct spending and revenues, pay-as-you-go procedures apply.

Regulatory and Other Impact: H.R. 4010 contains no intergovernmental or private sector mandates as defined in the Unfunded Mandates Reform Act.

Dynamic Scoring:   CBO estimates that enacting H.R. 4010 would not significantly increase net direct spending or on-budget deficits in any of the four consecutive 10-year periods beginning in 2028.

Tax Complexity:  Not applicable to this bill.

Earmark Certification:  Data not available

Duplication of programs: Data not available

Direct Rule-Making:  Data not available

Advisory Committee Statement: Data not available

Budget Authority: Data not available

Constitutional Authority:   Assumed.

 

More Bill Information:

 

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