Unauthorized Spending Accountability Act
This bill establishes a three-year reauthorization, rescission, and termination schedule for unauthorized programs funded through the annual appropriations process.
The schedule applies to programs included in the Congressional Budget Office's annual report listing programs that are funded through the appropriations process and have an authorization of appropriations that has either expired or will expire during the year.
After a program's authorization has expired, the bill limits the program's funding in the first year to 90% of the funds provided in the expiring year, reduces the limit to 85% for the second and third years, and terminates the program at the end of the third year. The bill enforces the limits by rescinding any funds that exceed the limit. The Office of Management and Budget must reduce discretionary spending limits by the amount of any rescissions.
Programs that are reauthorized during the three-year period are exempt from the limits, rescissions, and termination if the reauthorization includes a provision limiting the authorization of appropriations period to no more than three years.
The bill establishes the Spending and Accountability Commission to recommend a reauthorization schedule for discretionary spending programs and review all mandatory spending programs. The commission may recommend legislation to replace the funding limits and rescissions required by this bill with reductions in mandatory spending.
The commission's reauthorization schedule must limit reauthorizations to three years, include the funding limits and rescissions established by this bill, and establish a mechanism for replacing the limitations and rescissions with reductions to mandatory spending programs. The House of Representatives must consider the proposal using expedited legislative procedures.
[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4730 Introduced in House (IH)]
<DOC>
114th CONGRESS
2d Session
H. R. 4730
To provide for a congressional reauthorizing schedule for unauthorized
Federal programs, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 14, 2016
Mrs. McMorris Rodgers (for herself, Mr. Bishop of Utah, Mr. Brat, Mr.
Buck, Mr. Byrne, Mr. Cramer, Mr. Rodney Davis of Illinois, Mr. Franks
of Arizona, Mr. Hudson, Mr. McClintock, Mr. Messer, Mr. Mullin, Mr.
Olson, Mr. Palmer, Mr. Tom Price of Georgia, Mr. Ribble, Mrs. Wagner,
Mr. Walker, Mr. Westerman, and Mr. Farenthold) introduced the following
bill; which was referred to the Committee on Oversight and Government
Reform, and in addition to the Committees on Rules, Appropriations, and
the Budget, 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 provide for a congressional reauthorizing schedule for unauthorized
Federal programs, 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Unauthorized
Spending Accountability Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--SEQUESTER AND SUNSET OF UNAUTHORIZED PROGRAMS
Sec. 101. Establishment of sequester and sunset schedule.
Sec. 102. Reduction in funding for unauthorized programs.
Sec. 103. Termination of unauthorized programs after third unauthorized
year.
Sec. 104. Exemption from obligation limitation, rescission, and
termination.
Sec. 105. Offset of rescissions through reductions in direct spending.
Sec. 106. Sunset.
TITLE II--SPENDING ACCOUNTABILITY COMMISSION
Sec. 201. Establishment.
Sec. 202. Duties of Commission.
Sec. 203. Membership.
Sec. 204. Powers of Commission.
Sec. 205. Personnel and other administrative matters.
Sec. 206. Funding.
TITLE III--REAUTHORIZATION CYCLE FOR DISCRETIONARY PROGRAMS
Sec. 301. Establishment of reauthorization schedule.
TITLE I--SEQUESTER AND SUNSET OF UNAUTHORIZED PROGRAMS
SEC. 101. ESTABLISHMENT OF SEQUESTER AND SUNSET SCHEDULE.
(a) In General.--There is hereby established a reoccurring three-
year rescission and sunset schedule with respect to any unauthorized
program, to begin in fiscal year 2016, consistent with the requirements
of this Act.
(b) Definitions.--In this title--
(1) the term ``unauthorized program'' means any program or
activity listed in the annual report published by the
Congressional Budget Office, entitled ``Unauthorized
Appropriations and Expiring Authorizations'', or any successor
report, with respect to which authorizations of appropriations
will expire during the fiscal year in which such report is
published; and
(2) the term ``expiring fiscal year'' means, with respect
to an unauthorized program, the fiscal year during which
authorizations of appropriations will expire for such program.
(c) Application to Programs That Expired Before Fiscal Year 2016.--
For purposes of applying this Act to any unauthorized program funded
during fiscal year 2016 and for which authorizations of appropriations
expired before such fiscal year, such program shall be deemed to be a
program or activity listed in the report referred to in subsection
(b)(1) with respect to which authorizations of appropriations will
expire during fiscal year 2016.
SEC. 102. REDUCTION IN FUNDING FOR UNAUTHORIZED PROGRAMS.
(a) Obligation Limitation.--
(1) First fiscal year following expiration of
authorization.--With respect to any unauthorized program,
during the fiscal year immediately following the expiring
fiscal year, not more than an amount equal to 90 percent of the
funds appropriated for such program in the expiring fiscal year
may be obligated.
(2) Second and third fiscal years following expiration of
authorization.--With respect to any unauthorized program
subject to an obligation limitation under paragraph (1) that
remains unauthorized in the second or third fiscal year
following the expiring fiscal year, during any such second or
third fiscal year, an amount equal to not more than 85 percent
of the funds appropriated for such program in the expiring
fiscal year may be obligated.
(b) Rescission of Funds.--
(1) First fiscal year following expiration of
authorization.--With respect to any funds made available for an
unauthorized program subject to an obligation limitation under
subsection (a)(1) in the fiscal year during which such
limitation is applicable, on the first day of such fiscal year
there is rescinded an amount necessary to reduce such funds to
a level equal to 90 percent of the funds appropriated for such
program in the expiring fiscal year.
(2) Second and third fiscal years following expiration of
authorization.--With respect to any funds made available for an
unauthorized program subject to an obligation limitation under
subsection (a)(2), on the first day of the second or third
fiscal year (as the case may be) there is rescinded an amount
necessary to reduce such funds to a level equal to 85 percent
of the funds appropriated for such program in the expiring
fiscal year.
(c) Discretionary Spending Limit Adjustment.--Effective upon the
date of any rescission under subsection (b), the Director of the Office
of Management and Budget shall reduce the revised security category or
revised nonsecurity category (as the case may be) for the applicable
fiscal year under section 251(c) of the Balanced Budget and Emergency
Deficit Control Act of 1985 by a dollar amount equal to such
rescission.
SEC. 103. TERMINATION OF UNAUTHORIZED PROGRAMS AFTER THIRD UNAUTHORIZED
YEAR.
(a) In General.--Any unauthorized program subject to an obligation
limitation under section 102(a)(2) during the third fiscal year
following the expiring fiscal year shall, effective immediately on
October 1 of the fiscal year immediately following such third fiscal
year, be terminated. Any unobligated amounts available for such program
after the date of termination shall remain available for recording,
adjusting, and liquidating valid obligations of such program issued
before such termination date.
(b) Obligation of Funds Prohibited Without Reauthorization.--No
funds may be obligated for any program terminated pursuant to
subsection (a) in any fiscal year without an express reauthorization of
the program by Congress containing an authorization of appropriations
period not to exceed three years.
SEC. 104. EXEMPTION FROM OBLIGATION LIMITATION, RESCISSION, AND
TERMINATION.
(a) Reauthorization.--
(1) In general.--Any unauthorized program subject to a
rescission under section 102 for any fiscal year that is
expressly reauthorized during such fiscal year shall not be
subject to the requirements of this title with respect to that
fiscal year or any subsequent second or third fiscal year (as
the case may be).
(2) Restoration of budget authority.--Any budget authority
rescinded during the fiscal year of reauthorization shall be
restored, and the applicable reduction in the discretionary
spending limit for that fiscal year under section 102(c) shall
have no force or effect.
(3) Limitation.--Paragraphs (1) and (2) shall only apply if
the reauthorization contains a sunset provision applicable to
such program providing for an authorization of appropriations
period of not more than three years.
(b) Rescission Offset by Reduction in Direct Spending.--Any
obligation limitation and rescission under section 102 shall not apply
if, before the fiscal year during which such limitation and rescission
will occur, a bill is enacted into law as described in section 105.
SEC. 105. OFFSET OF RESCISSIONS THROUGH REDUCTIONS IN DIRECT SPENDING.
(a) In General.--Not later than 90 days after the end of fiscal
year 2017 and any subsequent fiscal year during which this title
remains applicable pursuant to section 106, the Commission shall review
Federal programs funded by direct spending.
(b) Reduction in Direct Spending.--
(1) In general.--Beginning in fiscal year 2016, during any
fiscal year that an obligation limitation and rescission will
occur during the subsequent fiscal year by operation of this
title, the Commission may submit to Congress a legislative
proposal providing for reductions in direct spending, to occur
over a period of time not to exceed the next ten fiscal years,
in an amount equal to the total amount of discretionary funds
that will be so rescinded, as determined by the Commission.
(2) Effect of enactment.--If the proposal described under
paragraph (1) is enacted into law before such subsequent fiscal
year begins, the obligation limitation and rescissions that
would occur during such fiscal year as a result of this title
shall have no force or effect during that fiscal year.
(c) Definition.--In this section, the term ``direct spending'' has
the meaning given such term in section 250(c)(8) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
SEC. 106. SUNSET.
This title shall sunset on the date that the legislative proposal
described under section 301 is enacted into law. The previous sentence
shall not apply if such proposal, as enacted, does not include
obligation limitations and rescissions with respect to unauthorized
programs in the amounts and percentages as provided in section 102.
TITLE II--SPENDING ACCOUNTABILITY COMMISSION
SEC. 201. ESTABLISHMENT.
There is established in the legislature a permanent commission, to
be known as the ``Spending and Accountability Commission'' (in this Act
referred to as the ``Commission''), in order to carry out section 105
and title III of this Act.
SEC. 202. DUTIES OF COMMISSION.
The Commission shall--
(1) as described in section 105, conduct comprehensive
reviews of all Federal programs funded through direct spending;
and
(2) as described in title III, provide a legislative
proposal for an authorization cycle for Federal programs funded
by discretionary spending.
SEC. 203. MEMBERSHIP.
(a) Number and Appointment.--The Commission shall be composed of 17
members, as follows:
(1) Seven members shall be appointed by the Speaker of the
House of Representatives, of whom three shall be appointed in
consultation with the minority leader of the House of
Representatives.
(2) Seven members shall be appointed by the majority leader
of the Senate, of whom three shall be appointed in consultation
with the minority leader of the Senate.
(3) The Comptroller General of the United States.
(4) The Director of the Congressional Budget Office.
(5) The Director of the Congressional Research Service.
(b) Member Powers and Criteria.--Any individual appointed pursuant
to--
(1) subsection (a)(1) or (a)(2) shall be a voting member of
the Commission and must be a Member of Congress (as defined in
section 2106 of title 5, United States Code, but not including
the Vice President); and
(2) subsection (a)(3), (a)(4), or (a)(5), shall be a
nonvoting member of the Commission.
(c) Congressional Committee Membership Requirements.--Each
committee listed under paragraphs (1) through (7) shall have at least
one Member on such committee appointed under subsection (a)(1) or
(a)(2):
(1) The Committee on Appropriations of the House of
Representatives.
(2) The Committee on Appropriations of the Senate.
(3) The Committee on the Budget of the House of
Representatives.
(4) The Committee on the Budget of the Senate.
(5) The Committee on Ways and Means of the House of
Representatives.
(6) The Committee on Finance of the Senate.
(7) The Joint Economic Committee.
(d) Chair; Vice-Chair.--The chair and vice-chair of the Commission
shall be selected by the Speaker of the House of Representatives and
the majority leader of the Senate.
(e) Vacancies.--Any vacancy shall be filled in the same manner in
which the original appointment was made.
SEC. 204. POWERS OF COMMISSION.
(a) Hearings and Sessions.--The Commission may, for the purpose of
carrying out this title, hold such hearings, sit and act at such times
and places, take such testimony, and receive such evidence as the
Commission considers appropriate. The Commission may administer oaths
to witnesses appearing before it.
(b) Obtaining Information.--The Commission may secure directly from
any agency information necessary to enable it to carry out its duties
under this title. Upon request of the chair, the head of that agency
shall furnish that information to the Commission in a full and timely
manner.
(c) Subpoena Power.--
(1) Authority to issue subpoena.--The Commission may issue
a subpoena to require the attendance and testimony of witnesses
and the production of evidence relating to any matter under
investigation by the Commission.
(2) Compliance with subpoena.--If a person refuses to obey
an order or subpoena of the Commission that is issued in
connection with a Commission proceeding, the Commission may
apply to the United States district court in the judicial
district in which the proceeding is held for an order requiring
the person to comply with the subpoena or order.
(d) Immunity.--The Commission is an agency of the United States for
purposes of part V of title 18, United States Code (relating to
immunity of witnesses).
(e) Contract Authority.--The Commission may contract with and
compensate government and private agencies or persons for services
without regard to section 6101 of title 41, United States Code
(relating to advertising requirement for Federal Government purchases
and sales).
SEC. 205. PERSONNEL AND OTHER ADMINISTRATIVE MATTERS.
(a) Personnel Matters.--
(1) Compensation.--Members shall not be paid by reason of
their service as members.
(2) Travel expenses.--Each member shall receive travel
expenses, including per diem in lieu of subsistence, in
accordance with applicable provisions under subchapter I of
chapter 57 of title 5, United States Code.
(3) Director.--The Commission shall have a Director who
shall be appointed by the chair. The Director shall be paid at
a rate not to exceed the maximum rate of basic pay for GS-15 of
the General Schedule.
(4) Staff.--The Director may appoint and fix the pay of
additional personnel as the Director considers appropriate.
(5) Applicability of certain civil service laws.--The
Director and staff of the Commission shall be appointed subject
to the provisions of title 5, United States Code, governing
appointments in the competitive service, and shall be paid in
accordance with the provisions of chapter 51 and subchapter III
of chapter 53 of that title relating to classification and
General Schedule pay rates.
(b) Other Administrative Matters.--
(1) Postal and printing services.--The Commission may use
the United States mails and obtain printing and binding
services in the same manner and under the same conditions as
other agencies.
(2) Administrative support services.--Upon the request of
the Commission, the Administrator of General Services shall
provide to the Commission, on a reimbursable basis, the
administrative support services necessary for the Commission to
carry out its duties under this title.
(3) Experts and consultants.--The Commission may procure
temporary and intermittent services under section 3109(b) of
title 5, United States Code.
SEC. 206. FUNDING.
(a) Use of Existing Funds.--The Commission shall be carried out
using amounts otherwise appropriated or made available to the House of
Representatives and the Senate. No additional funds are authorized to
be appropriated to carry out this Act.
(b) Allocation Between House and Senate.--Of the amounts used to
carry out this title--
(1) 50 percent shall be derived from the applicable
accounts of the House of Representatives; and
(2) 50 percent shall be derived from the contingent fund of
the Senate.
TITLE III--REAUTHORIZATION CYCLE FOR DISCRETIONARY PROGRAMS
SEC. 301. ESTABLISHMENT OF REAUTHORIZATION SCHEDULE.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Commission shall submit to Congress a
legislative proposal, consistent with the requirements of subsection
(b), that establishes a reauthorization schedule for Federal programs
funded by discretionary spending. Such proposal shall be considered
under the procedures set forth in subsections (c) and (d).
(b) Proposal Requirements.--The legislative proposal submitted
under subsection (a) shall provide for the following:
(1) A reauthorization cycle under which, during any fiscal
year beginning with fiscal year 2018, any Federal program
funded by discretionary spending that will expire during that
fiscal year but that Congress does not want to terminate is
reauthorized, pursuant to a legislation schedule as Congress
deems appropriate, for a period not to exceed three years.
(2) A sunset provision for any program so reauthorized that
terminates any such program on the date that is not later than
3 years (as the case may be) after the date of such
reauthorization.
(3) With respect to any program that is unauthorized, as
determined by Congress, an obligation limitation and rescission
in the manner and amounts as provided under section 102.
(4) A mechanism under which any such limitation and
rescission may, with respect to any fiscal year, be nullified
by the enactment into law, before such fiscal year begins, of a
measure reducing direct spending in an amount equal to the
total amount of any rescission of discretionary amounts
occurring pursuant to the procedures established pursuant to
paragraph (3). Such reduction may occur over a period not to
exceed ten years following the fiscal year in which such
measure is enacted.
(c) Procedure in the House.--
(1) Introduction and referral.--
(A) In general.--Not later than 120 days after the
date that a proposal is submitted under subsection (a),
the chair of the Commission, or a Member of the
Commission designated by the chair, shall introduce in
the House of Representatives, not later than 60 days
thereafter, a bill to carry out the proposal. The bill
introduced may take into consideration any
recommendations of any Member or standing committee of
the House of Representatives to amend such proposal to
the Commission, but only if the recommendations are
submitted not later than 60 days after the proposal is
submitted under subsection (a).
(B) Referral.--Any committee of the House of
Representatives to which a bill introduced under
subparagraph (A) is referred shall report it to the
House without amendment not later than the fifth
legislative day after the date of its introduction. If
a committee fails to report the bill without amendment
within that period or the House has adopted a
concurrent resolution providing for adjournment sine
die at the end of a Congress, such committee shall be
automatically discharged from further consideration of
the bill and it shall be placed without amendment on
the appropriate calendar.
(2) Expedited consideration in the house.--
(A) In general.--Not later than five legislative
days after the bill introduced under paragraph (1)(A)
is reported or the committees of referral have been
discharged from further consideration thereof, it shall
be in order to move to proceed to consider the bill in
the House. Such a motion shall be in order only at a
time designated by the Speaker in the legislative
schedule within two legislative days after the day on
which the proponent announces an intention to the House
to offer the motion. The previous question shall be
considered as ordered on the motion to its adoption
without intervening motion.
(B) Consideration.--If the motion to proceed is
agreed to, the House shall immediately proceed to
consider the bill introduced under paragraph (1)(A) in
the House without intervening motion. Such bill shall
be considered as read. All points of order against such
bill and against its consideration are waived. The
previous question shall be considered as ordered on
such bill to its passage without intervening motion
except 2 hours of debate equally divided and controlled
by the proponent and an opponent and one motion to
limit debate on the bill.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Oversight and Government Reform, and in addition to the Committees on Rules, Appropriations, and the Budget, 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.
Referred to the Committee on Oversight and Government Reform, and in addition to the Committees on Rules, Appropriations, and the Budget, 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.
Referred to the Committee on Oversight and Government Reform, and in addition to the Committees on Rules, Appropriations, and the Budget, 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.
Referred to the Committee on Oversight and Government Reform, and in addition to the Committees on Rules, Appropriations, and the Budget, 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.
Referred to the Committee on Oversight and Government Reform, and in addition to the Committees on Rules, Appropriations, and the Budget, 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.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line