H.R. 4010 — what changed
Congressional Subpoena Compliance and Enforcement Act of 2017
From Reported in House to Engrossed in House. 2 sections amended between Reported in House and Engrossed in House.
Sec. 3 Compliance with congressional subpoenas
changed
In general— Chapter seven 7 of title II of the Revised Statutes of the United States (2 U.S.C. 191 et seq.) is amended by adding at the end the following:
“105. Response to congressional subpoenas
“(a) Subpoena by congressional committee—Any recipient of any subpoena from a congressional committee or subcommittee shall appear and testify or produce records in a manner consistent with the subpoena and this section.
“(b) Congressional subpoenas for records
“(1) Identification of records withheld—In the case of a record that is withheld, in whole or in part, by the subpoena recipient, the subpoena recipient shall provide a log containing the following information concerning such record:
“(A) An express assertion and description of the legal basis asserted for withholding the record.
“(B) The type of record.
“(C) The general subject matter.
“(D) The date, author, and addressee.
“(E) The relationship of the author and addressee to each other.
“(F) The custodian of the record.
“(G) Any other descriptive information that may be produced or disclosed regarding the record that will enable the congressional committee or subcommittee issuing the subpoena to assess the legal basis asserted for withholding the record.
“(2) Missing records—In the case of any record responsive to the subpoena submitted under paragraph (1) that was, but no longer is, in the possession, custody, or control of the subpoena recipient, the subpoena recipient shall identify the record (including the date, author, subject, and each recipient of the record) and explain the circumstances under which the record ceased to be in the possession, custody, or control of the subpoena recipient.
“(3) Electronic records—Electronic records shall be produced pursuant to this subsection in their native or original file format. Electronic records shall be delivered on a storage device (such as compact disk, memory stick, or thumb drive) and, to the extent feasible, shall be organized, identified, and indexed electronically and shall include an index describing the contents of the production.
“(c) Definitions—For purposes of this section the term “record” includes any books, papers, documents, data, or other objects requested in a subpoena issued by a congressional committee or subcommittee.”
Clerical amendment— The table of contents for chapter 7 of title II of the Revised Statutes of the United States is amended by adding at the end the following:
Sec. 4 Rule of construction
changed Nothing in this Act shall be interpreted to diminish Congress’ inherent authority or previously established methods and practices for enforcing compliance with congressional subpoenas, nor shall anything in this Act be interpreted to establish Congress’ acceptance of any asserted privilege or other legal basis for noncompliance with a congressional subpoena.