I 
118TH CONGRESS 
1ST SESSION H. R. 3901 
To establish procedures to reduce agency funding for failure to comply with 
lawfully issued congressional subpoenas, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 7, 2023 
Mr. DONALDS (for himself, Mrs. LUNA, and Ms. GREENE of Georgia) intro-
duced the following bill; which was referred to the Committee on Rules, 
and in addition to the Committee on Oversight and Accountability, for 
a period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the com-
mittee concerned 
A BILL 
To establish procedures to reduce agency funding for failure 
to comply with lawfully issued congressional subpoenas, 
and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Agency Subpoena 
Compliance Act’’. 
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SEC. 2. PROCEDURES FOR REDUCING AGENCY FUNDING 
FOR A FAILURE TO ADHERE TO COMPLY 
WITH SUBPOENAS. 
(a) REPORT FROM THE PRESIDENT.— 
(1) IN GENERAL.—Not later than October 31 of 
each year, the President shall submit to the Com-
mittee on Oversight and Accountability of the House 
of Representatives and the Committee on Homeland 
Security and Governmental Affairs of the Senate a 
report that includes, with respect to the previous fis-
cal year, each subpoena issued to or received by, or 
both, an agency which received funding pursuant to 
a regular appropriation bill. 
(2) REPORT FORMAT.—The report described in 
paragraph (1) shall separate each such agency and 
subpoena issued to, received by, or both into sepa-
rate titles of the report pursuant to the regular ap-
propriation bill which provides funding for each such 
agency. 
(b) COMMITTEE HEARING WITH RESPECT TO AGEN-
CY ACTIONS.—Not later than 45 days after the date on 
which a report is received pursuant to subsection (a), each 
such committee shall hold a hearing with respect to wheth-
er each lawfully issued congressional subpoena included in 
such report was complied with by the relevant agency. 
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(c) COMMITTEE REPORT.—Not later than 45 day 
after the date on which a hearing is held pursuant to sub-
section (b), the Committee on Oversight and Account-
ability of the House of Representatives and the Committee 
on Homeland Security and Governmental Affairs of the 
Senate shall each, with respect to each title of the report 
submitted by the President under subsection (a)— 
(1) vote on a report that contains the conclu-
sions of the committee with respect to whether each 
agency complied with each lawfully issued congres-
sional subpoena; 
(2) in the case that either committee, by major-
ity vote, determines that any agency did not comply 
with a lawfully issued congressional subpoena to the 
relevant agency, include in the report a proposed re-
duction of funding in the regular appropriation bill 
which provides funding for each such agency for the 
subsequent fiscal year in the amount equal to a half 
of a percent for each lawfully issued congressional 
subpoena that was not complied with; 
(3) in the case that the report submitted by the 
President under subsection (a) was submitted after 
the deadline required under subsection (a)(1), in-
clude in the report a proposed reduction of funding 
in the regular appropriation bill which provides 
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(2) PROCEDURES IN THE SENATE.—Notwith-
standing any rule of the Standing Rules of the Sen-
ate, it shall be in order, if offered by the chair of 
the Committee on Homeland Security and Govern-
mental Affairs of the Senate or the chair’s designee, 
to offer an amendment to a general appropriation 
bill for a fiscal year providing for a reduction in 
funding for an agency or, if applicable, the Execu-
tive Office of the President, in such general appro-
priation bill in the amount equal to a proposed re-
duction of funding for such agency or the Executive 
Office of the President for such fiscal year as re-
ported by the committee pursuant to subsection (c) 
of this Act. 
(e) EXERCISE OF RULEMAKING POWER.—This sec-
tion, except with respect to subsection (a), is enacted by 
Congress— 
(1) as an exercise of the rulemaking power of 
the House of Representatives and the Senate, re-
spectively, and as such shall be considered as part 
of the rules of each House, respectively, or of that 
House to which it specifically applies, and it super-
sedes other rules only to the extent that they are in-
consistent therewith; and 
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(2) with full recognition of the constitutional 
right of either House to change the rules (so far as 
relating to the procedure of that House) at any time, 
in the same manner, and to the same extent as in 
the case of any other rule of that House. 
(f) DEFINITIONS.—In this section, the following defi-
nitions apply: 
(1) AGENCY.—The term ‘‘agency’’ has the 
meaning given the term in section 551 of title 5, 
United States Code. 
(2) SUBPOENA.—The term ‘‘subpoena’’ has the 
meaning given the term in Rule XI, clause 2(m)(1) 
of the Rules of the House of Representatives. 
(3) REGULAR APPROPRIATION BILL.—The term 
‘‘regular appropriation bill’’ means any annual ap-
propriation bill which, with respect to the Congress 
involved, is under the jurisdiction of a single sub-
committee of the Committee on Appropriations of 
the House of Representatives (pursuant to the Rules 
of the House of Representatives for that Congress) 
and a single subcommittee of the Committee on Ap-
propriations of the Senate (pursuant to the Standing 
Rules of the Senate). 
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(g) EFFECTIVE DATE.—This section shall take effect 
on the date of the enactment of this Act. 
Æ 
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