[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3901 Introduced in House (IH)]

<DOC>






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.
                                 <all>