Should Congress Have More Power to Enforce Subpoenas It Issues? (H.R. 4010)

What is H.R. 4010?

(Updated November 16, 2018)

This bill would enhance congressional authority to enforce subpoenas issued by its committees by letting committees seek an expedited review from a three-judge panel in U.S. district court to compel compliance with a subpoena. Committees would also have the ability to appeal directly to the Supreme Court. Recipients of a congressional subpoena would be required to comply, and if they were to claim legal privilege for withholding subpoenaed materials they’d have to provide the committee with a privilege log that gives information about the withheld records.

Argument in favor

The Constitution gives Congress significant oversight powers and the authority to issue and enforce subpoenas is a critical part of that. This bill makes it easier for Congress to enforce subpoenas and compel the production of records needed for a committee’s investigation.

Argument opposed

The existing process for issuing and enforcing subpoenas isn’t perfect, but Congress has expansive power and most subpoenas are honored unless the recipient wants to be held in contempt. There’s no need to strengthen Congress’s subpoena authority.

Impact

Individuals or entities subpoenaed by Congress; Congressional committees; district courts; and the Supreme Court.

Cost of H.R. 4010

The CBO estimates that enacting this bill would have an insignificant impact on the federal budget.

Additional Info

In-Depth: Sponsoring Rep. Darrell Issa (R-CA) introduced this bill to enhance congressional committees’ subpoena power:

“Congress has a duty to hold government accountable because the people have a right to know what they get from their government and because they deserve an efficient, effective government that works for them. During my time as Chairman of the House Oversight Committee, I saw first-hand how the Executive Branch would do everything in its power to avoid complying with Congressional requests for documents and information that the committee was entitled to. This bill is a long-overdue update that will give Congress better tools to conduct our Constitutional responsibilities as the chief watchdog for the American people.”

This legislation was passed by the House Judiciary Committee on a 26-0 vote and has the support of four Republican cosponsors in the House.

Media:

• Sponsoring Rep. Darrell Issa (R-CA) Press Release
  
• CBO Cost Estimate
  
• Mayer Brown (Context)