[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3901 Introduced in House (IH)]
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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)
introduced 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 committee 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 Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Agency Subpoena Compliance Act''.
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 Committee 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
fiscal 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 separate titles of the report
pursuant to the regular appropriation bill which provides
funding for each such agency.
(b) Committee Hearing With Respect to Agency 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 whether each lawfully issued congressional subpoena included in such
report was complied with by the relevant agency.
(c) Committee Report.--Not later than 45 day after the date on
which a hearing is held pursuant to subsection (b), the Committee on
Oversight and Accountability 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 conclusions of the
committee with respect to whether each agency complied with
each lawfully issued congressional subpoena;
(2) in the case that either committee, by majority vote,
determines that any agency did not comply with a lawfully
issued congressional subpoena to the relevant agency, include
in the report a proposed reduction 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), include in the report a proposed
reduction of funding in the regular appropriation bill which
provides funding for the Executive Office of the President for
the subsequent fiscal year in the amount equal to two percent
for each week during the period that starts on the deadline
under subsection (a)(1) and ends on the date the President
submits such report; and
(4) submit such report to the House of Representatives or
the Senate, as the case may be.
(d) Providing for Reduction in Agency Funding.--
(1) Procedures in the house of representatives.--Clause 2
of rule XXI of the Rules of the House of Representatives is
amended by adding at the end the following new paragraph:
``(h) It shall be in order, if offered by the chair of the
Committee on Oversight and Accountability 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 Executive Office of the President in such general appropriation
bill in the amount equal to a proposed reduction of funding for such
agency or the Executive Office of the President for such fiscal year as
reported by the committee pursuant to subsection (c) of the Agency
Subpoena Compliance Act.''.
(2) Procedures in the senate.--Notwithstanding any rule of
the Standing Rules of the Senate, it shall be in order, if
offered by the chair of the Committee on Homeland Security and
Governmental 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 Executive Office of the President, in such
general appropriation bill in the amount equal to a proposed
reduction of funding for such agency or the Executive Office of
the President for such fiscal year as reported by the committee
pursuant to subsection (c) of this Act.
(e) Exercise of Rulemaking Power.--This section, 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, respectively, 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
supersedes other rules only to the extent that they are
inconsistent therewith; and
(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 definitions 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 appropriation bill which,
with respect to the Congress involved, is under the
jurisdiction of a single subcommittee 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 Appropriations of the
Senate (pursuant to the Standing Rules of the Senate).
(g) Effective Date.--This section shall take effect on the date of
the enactment of this Act.
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