of a congressional subpoena. (2) No appropriated funds, funds provided from any accounts in the Treasury, funds derived from the collection of fees, or other Government funds shall be used to pay any monetary penalty imposed by the court pursuant to this section. (c) Waiver of privilege Any assertion of a privilege or other ground for noncompliance (whether statutory, common law, or otherwise) asserted by the recipient of a congressional subpoena may be determined to have been waived as to any particular record withheld from production if the court finds that the recipient failed in a timely manner to comply with the requirement of section 105 of the Revised Statutes of the United States that it produce a privilege log with respect to such record. (d) Definition For purposes of this section, the term Government agency means an executive department listed in section 101 of title 5, United States Code, an independent establishment, commission, board, bureau, division, or office in the executive branch, or other agency of the Federal Government, including wholly or partly owned Government corporations. . (b) Clerical amendment The table of sections for chapter 85 of title 28, United States Code, is amended by inserting after the item relating to section 1365 the following: 1365a. Congressional actions against subpoena recipients. . 3. Compliance with congressional subpoenas (a) In general Chapter 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