[Congressional Record Volume 163, Number 173 (Thursday, October 26, 2017)]
[Extensions of Remarks]
[Pages E1442-E1443]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




     CONGRESSIONAL SUBPOENA COMPLIANCE AND ENFORCEMENT ACT OF 2017

                                 ______
                                 

                               speech of

                  HON. HENRY C. ``HANK'' JOHNSON, JR.

                               of georgia

                    in the house of representatives

                        Monday, October 23, 2017

  Mr. JOHNSON of Georgia. Mr. Speaker, I rise in support of H.R. 4010, 
the Congressional Subpoena Compliance and Enforcement Act. This 
legislation allows the House of Representatives to enforce 
congressional subpoenas in federal court. Too often, congressional 
subpoenas are flouted because they lack enforcement mechanisms. Under 
current law, Congress must refer subpoenas to the appropriate United 
States attorney for enforcement. Typically, this United States attorney 
is appointed by the same administration over which Congress seeks to 
exert its oversight authority.
  H.R. 4010 creates a clear set of enforcement mechanisms surrounding 
the congressional subpoena power. Although congressional subpoenas have 
been used by Congress and its committees for many years, there is 
currently no law requiring compliance. This legislation requires that 
recipients of congressional subpoenas either comply or provide the 
committee with an explanation of the legal privilege that allows them 
to resist. This bill would also provide enforcement cases with an 
expedited review at the federal court leveL Alternatively, committees 
can request that the enforcement case be heard by a district court 
panel of three judges with the option to appeal to the Supreme Court. 
Codifying these enforcement measures will provide Congress and its 
committees with a clear set of expectations for how to present and 
enforce subpoenas.
  In these especially political times, checks and balances have never 
been more important. Congress must fully utilize its constitutional 
right to hold hearings and investigate members of the federal 
government, and we need tools to enforce these investigations if people 
refuse to comply. As a member of the Judiciary Committee, I stand for 
transparency and honesty in our government, and as a Congress we have 
the duty to seek out both for our constituents. H.R. 4010 gives 
Congress the tools it needs to demand that people attempting to shroud 
and hide the truth reveal it, and I urge my fellow members to stand 
with me and support the Congressional Subpoena Compliance and 
Enforcement Act.

[[Page E1443]]

  

                          ____________________