Procedures for reducing agency funding for failure to adhere to original congressional intent

(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 rule promulgated by an agency (as such term is defined in subsection (f)) which received funding pursuant to a regular appropriation bill. (2)

Report format

The report described in paragraph (1) shall separate each such agency and rule promulgated by each such agency 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 rules

Not later than 45 days after the date each committee described in subsection (a) receives a report from the President under such subsection, each such committee shall hold a hearing with respect to whether each rule included in such report adhered to the original congressional intent of the relevant agency. (c)

Committee report

During a hearing described in 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 rule promulgated by an agency adhered to the original congressional intent of the relevant agency; (2)in the case that either committee, by majority vote, determines that any rule promulgated by an agency did not adhere to the original congressional intent of 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 one half percent for each rule promulgated that did not adhere with such congressional intent; (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 one half 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 Accountability 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(1) of title 5, United States Code. (2)

Rule

The term rule has the meaning given the term in section 551(4) of title 5, United States Code. (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.