[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1873 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 1873
To require greater accountability in discretionary and direct spending
programs, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 8, 2013
Mr. Chaffetz (for himself and Mr. Ryan of Wisconsin) introduced the
following bill; which was referred to the Committee on the Budget, and
in addition to the Committees on Rules and the Judiciary, 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 require greater accountability in discretionary and direct spending
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.
This Act may be cited as the ``Review Every Dollar Act of 2013''.
TITLE I--FEDERAL PROGRAM SUNSET
SEC. 101. LIMITATION ON REAUTHORIZATION OF FEDERAL PROGRAMS.
(a) Enforcement.--(1) It shall not be in order in the House of
Representatives or the Senate to consider any bill or joint resolution,
or amendment thereto or conference report thereon, that reauthorizes
any Federal program for a period of more than seven fiscal years.
(2) It shall not be in order in the House of Representatives or the
Senate to consider any bill or joint resolution, or any amendment
thereto or conference report thereon, that establishes any new Federal
program with an authorization of appropriations for a period of more
than seven fiscal years.
(b) Committee Review of Direct Spending Programs.--Not later than
July 31 during the second session of each Congress, each standing
committee of the House of Representatives and the Senate with
legislative jurisdiction over any direct spending program shall apply
the criteria set forth in section 102 to determine whether any such
program should be modified, terminated, or reauthorized.
SEC. 102. CRITERIA FOR REVIEW.
Any committee of the House of Representatives or the Senate with
jurisdiction over any program being reauthorized shall consider the
following criteria in determining whether such program should be
modified, terminated, or reauthorized:
(1) The effectiveness and efficiency of the operation of
the program.
(2) Whether the program is cost effective.
(3) Whether the original objectives of the program have
been achieved.
(4) Whether alternative methods exist to carry out the
objectives of the program in a more cost effective manner.
(5) The extent to which the program is duplicative or
conflicts with other programs.
(6) The potential benefits of consolidating this program
with similar or duplicative programs.
(7) The growth in cost per beneficiary or persons served by
the program.
(8) The extent to which any trends, developments, and
emerging conditions may affect the problems or needs that the
program is intended to address.
(9) The extent it imposes mandates on State and local
governments.
(10) The extent it impedes sustainable economic growth.
(11) The extent to which the program is a constitutionally
authorized activity of the Government.
TITLE II--DEFICIT REDUCTION ACCOUNTS
SEC. 201. ESTABLISHMENT OF DISCRETIONARY DEFICIT REDUCTION ACCOUNT.
(a) Discretionary Deficit Reduction Account.--Title III of the
Congressional Budget Act of 1974 is amended by adding at the end the
following new section:
``discretionary deficit reduction account
``Sec. 316. (a) Establishment of Account.--The chairman of the
Committee on the Budget of the House of Representatives and the
chairman of the Committee on the Budget of the Senate shall each
maintain an account to be known as the `deficit reduction discretionary
account'. The Account shall be divided into entries corresponding to
the subcommittees of the Committee on Appropriations of that House and
each entry shall consist of the `deficit reduction balance'.
``(b) Components.--Each entry shall consist only of amounts
credited to it under subsection (c).
``(c) Crediting of Amounts to Account.--
``(1) Whenever a Member of Congress offers an amendment to
an appropriation bill to reduce new budget authority in any
account or has the effect of reducing direct spending, that
Member may state the portion of such reduction that shall be
credited to--
``(A) the deficit reduction balance;
``(B) used to offset an increase in new budget
authority in any other account; or
``(C) allowed to remain within the applicable
section 302(b) suballocation.
``(2) If no such statement is made, the amount of reduction
in new budget authority resulting from the amendment shall be
credited to the deficit reduction balance, as applicable, if
the amendment is agreed to.
``(3) Except as provided by paragraph (4), the chairman of
the Committee on the Budget of the House of Representatives or
Senate, as applicable, shall, upon the engrossment of any
appropriation bill by the House of Representatives or Senate,
as applicable, credit to the applicable entry balances amounts
of new budget authority and outlays equal to the net amounts of
reductions in budget authority and in outlays resulting from
amendments agreed to by that House to that bill.
``(4) When indicating the net amounts of reductions in new
budget authority and outlays resulting from amendments agreed
to by the House of Representatives or Senate, as applicable, to
an appropriation bill, the chairman of the Committee on the
Budget of that House shall only count those portions of such
amendments agreed to that were so designated by the Members
offering such amendments as amounts to be credited to the
deficit reduction balance.
``(5) The chairman of the Committee on the Budget of the
House of Representatives and the chairman of the Committee on
the Budget of the Senate shall each maintain a running tally of
the amendments adopted reflecting increases and decreases of
budget authority in the bill as reported to its House. This
tally shall be available to Members or Senators during
consideration of any bill by that House.
``(d) Calculation of Savings in Deficit Reduction Accounts in the
House of Representatives and Senate.--
``(1) For the purposes of enforcing section 302(a), upon the
engrossment of any appropriation bill by the House of Representatives
or Senate, as applicable, the amount of budget authority and outlays
calculated pursuant to subsection (c)(3) shall be counted against the
302(a) allocation provided to the Committee on Appropriations as if the
amount calculated pursuant to subsection (c)(3) was included in the
bill just engrossed.
``(2) For purposes of enforcing section 302(b), upon the
engrossment of any appropriation bill by the House of Representatives
or Senate, as applicable, the 302(b) allocation provided to the
subcommittee for the bill just engrossed shall be deemed to have been
reduced by the amount of budget authority and outlays calculated,
pursuant to subsection (c)(3).
``(e) Definition.--As used in this section, the term `appropriation
bill' means any general or special appropriation bill, and any bill or
joint resolution making supplemental, deficiency, or continuing
appropriations.''.
SEC. 202. ESTABLISHMENT OF DIRECT SPENDING REDUCTION ACCOUNT.
Title III of the Congressional Budget Act of 1974 (as amended by
section 201) is further amended by adding at the end the following new
section:
``direct spending deficit reduction account
``Sec. 317. (a) Establishment of Account.--The chairman of the
Committee on the Budget of the House of Representatives and of the
Senate shall each maintain an account to be known as the `deficit
reduction direct spending account'. The account shall be divided into
entries corresponding to the House of Representatives or Senate
committees, as applicable, that received allocations under section
302(a) in the most recently adopted concurrent resolution on the
budget, except that it shall not include the Committee on
Appropriations of that House and each entry shall consist of the
`first-year deficit reduction account' and the `five-year deficit
reduction account' or the period covered by the resolution on the
budget for that fiscal year, as applicable.
``(b) Components.--Each entry shall consist only of amounts
credited to it under subsection (c). No entry of a negative amount
shall be made.
``(c) Calculation of Account Savings in House and Senate.--For the
purposes of enforcing section 302(a), upon the engrossment of any bill,
other than an appropriation bill, by the House of Representatives or
Senate, as applicable, the amount of budget authority and outlays
calculated pursuant to subsection (d)(3) shall be counted against the
302(a) allocation provided to the applicable committee or committees of
that House which reported the bill as if the amount calculated pursuant
to subsection (d)(3) was included in the bill just engrossed.
``(d) Crediting of Amounts to Account.--(1) Whenever a Member or
Senator, as the case may be, offers an amendment to a bill that reduces
the amount of budget authority for direct spending provided either
under current law or proposed to be provided by the bill under
consideration, that Member or Senator may state the portion of such
reduction achieved in the first year covered by the most recently
adopted concurrent resolution on the budget and in addition the portion
of such reduction achieved in the first ten years covered by the most
recently adopted concurrent resolution on the budget that shall be
credited to the first-year deficit reduction balance and the five-year
deficit reduction balance, as applicable, if the amendment is agreed
to.
``(2) Except as provided by paragraph (3), the chairman of the
Committee on the Budget of the House of Representatives or Senate, as
applicable, shall, upon the engrossment of any bill, other than an
appropriation bill, by the House of Representatives or Senate, as
applicable, credit to the applicable entry balances amounts of new
budget authority and outlays equal to the net amounts of reductions in
budget authority and in outlays resulting from amendments agreed to by
that House to that bill.
``(3) When computing the net amounts of reductions in budget
authority and in outlays resulting from amendments agreed to by the
House of Representatives or Senate, as applicable, to a bill, the
chairman of the Committee on the Budget of that House shall only count
those portions of such amendments agreed to that were so designated by
the Members or Senators offering such amendments as amounts to be
credited to the first year deficit reduction balance and the five-year
deficit reduction balance.
``(4) The chairman of the Committee on the Budget of the House of
Representatives and of the Senate shall each maintain a running tally
of the amendments adopted reflecting increases and decreases of budget
authority in the bill as reported to its House. This tally shall be
available to Members or Senators during consideration of any bill by
that House.
``(e) Definition.--As used in this section, the term `appropriation
bill' means any general or special appropriation bill, and any bill or
joint resolution making supplemental, deficiency, or continuing
appropriations.''.
SEC. 203. CONFORMING AMENDMENT.
The table of contents set forth in section 1(b) of the
Congressional Budget and Impoundment Control Act of 1974 is amended by
inserting after the item relating to section 321 the following new
items:
``Sec. 316. Discretionary deficit reduction account.
``Sec. 317. Direct spending deficit reduction account.''.
TITLE III--GENERAL FUND TRANSFERS
SEC. 301. BUDGET RULE RELATING TO TRANSFERS FROM THE GENERAL FUND OF
THE TREASURY TO THE HIGHWAY TRUST FUND THAT INCREASE
PUBLIC INDEBTEDNESS.
For purposes of the Congressional Budget Act of 1974, the Balanced
Budget and Emergency Deficit Control Act of 1985, the Rules of the
House of Representatives, or the Standing Rules of the Senate, a bill
or joint resolution, or an amendment thereto or conference report
thereon, or any Act that transfers funds from the general fund of the
Treasury to the Highway Trust Fund shall be counted as new budget
authority and outlays equal to the amount of the transfer in the fiscal
year the transfer occurs.
TITLE IV--BUDGETING FOR ADMINISTRATIVE ACTIONS
SEC. 501. REVIEW OF RULES REQUIRING NEW BUDGET AUTHORITY.
(a) In General.--Chapter 5 of title 5, United States Code, is
amended by inserting after section 559 the following:
``Sec. 559a. Review of rules requiring new budget authority
``(a) In General.--A rule made to carry out a direct spending
program that would require new budget authority of not less than
$100,000,000 for the fiscal year the rule takes effect or for any of
the 9 fiscal years immediately succeeding that fiscal year may not take
effect, except as provided in subsection (d).
``(b) Review by Office of Management and Budget of Proposed
Rules.--Before the effective date of any rule, the Director of the
Office of Management and Budget shall review the rule to determine if
the rule is a rule described in subsection (a). If the Director
determines that the rule is such a rule--
``(1) the Director shall notify the agency making the
rule--
``(A) of that determination; and
``(B) the amount of the estimated new budget
authority that the rule would require for the fiscal
year in which the rule would take effect and the 9
fiscal years immediately succeeding that fiscal year;
and
``(2) the agency may not undertake any further action
pertaining to such rulemaking.
``(c) Periodic Review of Rules.--Beginning on the date that is one
year after the date on which any rule takes effect, and annually
thereafter, the Director of the Office of Management and Budget may
make a determination as to whether the rule is a rule described in
subsection (a). For purposes of this determination, the fiscal year the
rule takes effect shall be deemed to be the fiscal year in which the
Director makes the determination. If the Director determines that the
rule is such a rule, the agency that issued the rule shall provide for
a transition period of such length as the Director, in consultation
with the agency, determines appropriate. At the end of that transition
period, the rule shall cease to have effect.
``(d) Exceptions.--Notwithstanding any other provision of this
section, a rule described in subsection (a) shall take effect or
continue in effect--
``(1) if the President submits written notice to the
Congress that the President has determined that the rule should
take effect or continue in effect because such rule is--
``(A) necessary because of an imminent threat to
health or safety or other emergency;
``(B) necessary for the enforcement of criminal
laws;
``(C) necessary for national security; or
``(D) issued pursuant to any statute implementing
an international trade agreement; or
``(2) when the new budget authority to carry out the rule
is provided by law.
``(e) Treatment of Substantially Similar Rules.--A rule that does
not take effect (or does not continue in effect) under this section may
not be reissued in substantially the same form, and a new rule that is
substantially the same as such a rule may not be issued, unless the
reissued or new rule is specifically authorized by a law enacted after
the date that the rule fails to take effect or fails to continue in
effect.
``(f) Judicial Review.--Any determination under this section shall
be subject to review under chapter 7 of this title.
``(g) Definitions.--The terms `new budget authority' and `direct
spending' have the meanings given such terms under section 250 of the
Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C.
900).
``(h) Applicability.--This section shall apply only to rules for
which the rulemakings are commenced after the date of enactment of the
Review Every Dollar Act of 2013.''.
(b) Cost of Projected Administrative Regulations.--Section 1105(a)
of title 31, United States Code, is amended--
(1) by redesignating the second paragraph (37) as paragraph
(39); and
(2) by adding at the end the following new paragraph:
``(40) a separate statement of the cost of administrative
rules that are projected to take effect during the fiscal year
for which the budget is submitted.''.
(c) Clerical Amendment.--The table of sections for chapter 5 of
title 5, United States Code is amended by inserting after the item
relating to section 559 the following new item:
``559a. Review of rules requiring new budget authority.''.
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