Agency Accountability through Appropriations Act

I 118TH CONGRESS 1ST SESSION H. R. 4114 To establish procedures to reduce agency funding for failure to adhere to original congressional intent, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JUNE 14, 2023 Mr. DONALDS (for himself and Mr. BURLISON) 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 subse- quently 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 adhere to original congressional intent, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Agency Accountability 4 through Appropriations Act’’ or the ‘‘AAA Act’’. 5 VerDate Sep 11 2014 04:56 Jul 15, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H4114.IH H4114 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •HR 4114 IH SEC. 2. PROCEDURES FOR REDUCING AGENCY FUNDING 1 FOR FAILURE TO ADHERE TO ORIGINAL CON- 2 GRESSIONAL INTENT. 3 (a) REPORT FROM THE PRESIDENT.— 4 (1) IN GENERAL.—Not later than October 31 of 5 each year, the President shall submit to the Com- 6 mittee on Oversight and Accountability of the House 7 of Representatives and the Committee on Homeland 8 Security and Governmental Affairs of the Senate a 9 report that includes, with respect to the previous fis- 10 cal year, each rule promulgated by an agency (as 11 such term is defined in subsection (f)) which re- 12 ceived funding pursuant to a regular appropriation 13 bill. 14 (2) REPORT FORMAT.—The report described in 15 paragraph (1) shall separate each such agency and 16 rule promulgated by each such agency into separate 17 titles of the report pursuant to the regular appro- 18 priation bill which provides funding for each such 19 agency. 20 (b) COMMITTEE HEARING WITH RESPECT TO AGEN- 21 CY RULES.—Not later than 45 days after the date each 22 committee described in subsection (a) receives a report 23 from the President under such subsection, each such com- 24 mittee shall hold a hearing with respect to whether each 25 VerDate Sep 11 2014 04:56 Jul 15, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H4114.IH H4114 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •HR 4114 IH rule included in such report adhered to the original con- 1 gressional intent of the relevant agency. 2 (c) COMMITTEE REPORT.—During a hearing de- 3 scribed in subsection (b), the Committee on Oversight and 4 Accountability of the House of Representatives and the 5 Committee on Homeland Security and Governmental Af- 6 fairs of the Senate shall each, with respect to each title 7 of the report submitted by the President under subsection 8 (a)— 9 (1) vote on a report that contains the conclu- 10 sions of the committee with respect to whether each 11 rule promulgated by an agency adhered to the origi- 12 nal congressional intent of the relevant agency; 13 (2) in the case that either committee, by major- 14 ity vote, determines that any rule promulgated by an 15 agency did not adhere to the original congressional 16 intent of the relevant agency, include in the report 17 a proposed reduction of funding in the regular ap- 18 propriation bill which provides funding for each such 19 agency for the subsequent fiscal year in the amount 20 equal to one half percent for each rule promulgated 21 that did not adhere with such congressional intent; 22 (3) in the case that the report submitted by the 23 President under subsection (a) was submitted after 24 the deadline required under subsection (a)(1), in- 25 VerDate Sep 11 2014 04:56 Jul 15, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H4114.IH H4114 pbinns on DSKJLVW7X2PROD with $$_JOB 4 •HR 4114 IH clude in the report a proposed reduction of funding 1 in the regular appropriation bill which provides 2 funding for the Executive Office of the President for 3 the subsequent fiscal year in the amount equal to 4 one half percent for each week during the period 5 that starts on the deadline under subsection (a)(1) 6 and ends on the date the President submits such re- 7 port; and 8 (4) submit such report to the House of Rep- 9 resentatives or the Senate, as the case may be. 10 (d) PROVIDING FOR REDUCTION IN AGENCY FUND- 11 ING.— 12 (1) PROCEDURES IN THE HOUSE OF REP- 13 RESENTATIVES.—Clause 2 of rule XXI of the Rules 14 of the House of Representatives is amended by add- 15 ing at the end the following new paragraph: 16 ‘‘(h) It shall be in order, if offered by the chair of 17 the Committee on Oversight and Accountability or the 18 chair’s designee, to offer an amendment to a general ap- 19 propriation bill for a fiscal year providing for a reduction 20 in funding for an agency or, if applicable, the Executive 21 Office of the President in such general appropriation bill 22 in the amount equal to a proposed reduction of funding 23 for such agency or the Executive Office of the President 24 VerDate Sep 11 2014 04:56 Jul 15, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H4114.IH H4114 pbinns on DSKJLVW7X2PROD with $$_JOB 5 •HR 4114 IH for such fiscal year as reported by the committee pursuant 1 to subsection (c) of the Agency Accountability Act.’’. 2 (2) PROCEDURES IN THE SENATE.—Notwith- 3 standing any rule of the Standing Rules of the Sen- 4 ate, it shall be in order, if offered by the chair of 5 the Committee on Homeland Security and Govern- 6 mental Affairs of the Senate or the chair’s designee, 7 to offer an amendment to a general appropriation 8 bill for a fiscal year providing for a reduction in 9 funding for an agency or, if applicable, the Execu- 10 tive Office of the President, in such general appro- 11 priation bill in the amount equal to a proposed re- 12 duction of funding for such agency or the Executive 13 Office of the President for such fiscal year as re- 14 ported by the committee pursuant to subsection (c) 15 of this Act. 16 (e) EXERCISE OF RULEMAKING POWER.—This sec- 17 tion, except with respect to subsection (a), is enacted by 18 Congress— 19 (1) as an exercise of the rulemaking power of 20 the House of Representatives and the Senate, re- 21 spectively, and as such shall be considered as part 22 of the rules of each House, respectively, or of that 23 House to which it specifically applies, and it super- 24 VerDate Sep 11 2014 04:56 Jul 15, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H4114.IH H4114 pbinns on DSKJLVW7X2PROD with $$_JOB 6 •HR 4114 IH sedes other rules only to the extent that they are in- 1 consistent therewith; and 2 (2) with full recognition of the constitutional 3 right of either House to change the rules (so far as 4 relating to the procedure of that House) at any time, 5 in the same manner, and to the same extent as in 6 the case of any other rule of that House. 7 (f) DEFINITIONS.—In this section, the following defi- 8 nitions apply: 9 (1) AGENCY.—The term ‘‘agency’’ has the 10 meaning given the term in section 551(1) of title 5, 11 United States Code. 12 (2) RULE.—The term ‘‘rule’’ has the meaning 13 given the term in section 551(4) of title 5, United 14 States Code. 15 (3) REGULAR APPROPRIATION BILL.—The term 16 ‘‘regular appropriation bill’’ means any annual ap- 17 propriation bill which, with respect to the Congress 18 involved, is under the jurisdiction of a single sub- 19 committee of the Committee on Appropriations of 20 the House of Representatives (pursuant to the Rules 21 of the House of Representatives for that Congress) 22 and a single subcommittee of the Committee on Ap- 23 propriations of the Senate (pursuant to the Standing 24 Rules of the Senate). 25 VerDate Sep 11 2014 04:56 Jul 15, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H4114.IH H4114 pbinns on DSKJLVW7X2PROD with $$_JOB 7 •HR 4114 IH (g) EFFECTIVE DATE.—This section shall take effect 1 on the date of the enactment of this Act. 2 Æ VerDate Sep 11 2014 04:56 Jul 15, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6301 E:\BILLS\H4114.IH H4114 pbinns on DSKJLVW7X2PROD with $$_JOB