Section 1 Short title
This Act may be cited as the “Agency Subpoena Compliance Act”.
Agency Subpoena Compliance Act
A BILL
To establish procedures to reduce agency funding for failure to comply with lawfully issued congressional subpoenas, and for other purposes.
Sec. 2 Procedures for reducing agency funding for a failure to adhere to comply with subpoenas
Report from the president—
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.
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.
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.
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)—
vote on a report that contains the conclusions of the committee with respect to whether each agency complied with each lawfully issued congressional subpoena;
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;
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
submit such report to the House of Representatives or the Senate, as the case may be.
Providing for reduction in agency funding—
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.”
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.
Exercise of rulemaking power— This section, except with respect to subsection (a), is enacted by Congress—
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
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.
Definitions— In this section, the following definitions apply:
Agency— The term agency has the meaning given the term in section 551 of title 5, United States Code.
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.
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).
Effective date— This section shall take effect on the date of the enactment of this Act.