[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1518 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 1518
To provide for a reauthorizing schedule for unauthorized Federal
programs, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 9, 2023
Mrs. Rodgers of Washington (for herself, Mr. McClintock, Mr. Smucker,
Mr. Duncan, Mr. Cloud, Mr. Donalds, Mr. Dunn of Florida, Mr. Gooden of
Texas, and Mr. Weber of Texas) introduced the following bill; which was
referred to the Committee on Oversight and Accountability, and in
addition to the Committees on Rules, 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 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 of 2023''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--SUNSET OF UNAUTHORIZED PROGRAMS
Sec. 101. Establishment of budgetary level reduction schedule.
Sec. 102. Reduction in budgetary level for unauthorized programs.
Sec. 103. Termination of unauthorized programs after third unauthorized
year.
Sec. 104. Exemption from budgetary level reduction.
Sec. 105. Offset of budgetary level reduction through reduction in
direct spending.
Sec. 106. Sunset.
TITLE II--SPENDING AND 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--SUNSET OF UNAUTHORIZED PROGRAMS
SEC. 101. ESTABLISHMENT OF BUDGETARY LEVEL REDUCTION SCHEDULE.
(a) In General.--There is hereby established a reoccurring three-
year budgetary level reduction cycle with respect to any unauthorized
program, to begin in fiscal year 2024, consistent with the requirements
of this Act.
(b) Definitions.--In this Act:
(1) Budgetary level.--The term ``budgetary level'' means
the allocation made under section 302(a) of the Congressional
Budget Act of 1974 (2 U.S.C. 633(a)) to the Committee on
Appropriations of the House of Representatives or the Senate in
a concurrent resolution on the budget for a fiscal year, and
includes any such allocation made pursuant to a deeming
resolution.
(2) Commission.--The term ``Commission'' means the Spending
and Accountability Commission established under title II.
(3) Expiring fiscal year.--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.
(4) Unauthorized program.--The term ``unauthorized
program'' means any program or activity listed in the annual
report published by the Congressional Budget Office, entitled
``Expired and Expiring Authorizations of Appropriations'', or
any successor report, with respect to which authorizations of
appropriations will expire during the fiscal year in which such
report is published.
(c) Application to Programs That Expired Before Fiscal Year 2024.--
For purposes of applying this Act to any unauthorized program funded
during fiscal year 2024 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)(4) with respect to which authorizations of appropriations will
expire during fiscal year 2024.
SEC. 102. REDUCTION IN BUDGETARY LEVEL FOR UNAUTHORIZED PROGRAMS.
(a) Budgetary Level for Fiscal Year Following Expiration of
Authorization.--With respect to any unauthorized program, on the date
that a budgetary level is established for the fiscal year immediately
following the expiring fiscal year, such level shall immediately be
reduced by an amount equal to 10 percent of the funds appropriated for
such program in the expiring fiscal year.
(b) Budgetary Level for Second and Third Fiscal Years Following
Expiration of Authorization.--With respect to any unauthorized program
that results in a budgetary level reduction under subsection (a) that
remains an unauthorized program in the second or third fiscal year
following the expiring fiscal year, on the date that a budgetary level
is established for either such second or third fiscal year, the
budgetary level for either such fiscal year shall be reduced by an
amount equal to 15 percent of the funds appropriated for such program
in the expiring fiscal year.
(c) Transmittal of New Budgetary Level.--Upon the reduction of a
budgetary level (if any) under subsection (a) or (b), the chair of the
Committee on the Budget of the House of Representatives and the Senate
shall submit the revised budgetary level to the chair of the Committee
on Appropriations of the House of Representatives and the Senate,
respectively.
SEC. 103. TERMINATION OF UNAUTHORIZED PROGRAMS AFTER THIRD UNAUTHORIZED
YEAR.
(a) In General.--Any unauthorized program that causes a budgetary
level reduction under section 102(b) applicable to 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, except that 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 BUDGETARY LEVEL REDUCTION.
(a) Reauthorization.--
(1) In general.--Consistent with paragraph (2)--
(A) any unauthorized program that causes a
budgetary level reduction applicable to a fiscal year
under section 102 that is expressly reauthorized during
the fiscal year in which such level is established
shall not be subject to the requirements of this title;
and
(B) upon the date of such reauthorization, any such
reduction shall be restored.
(2) Limitation.--Paragraph (1) 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) Offset by Reduction in Direct Spending.--Any budgetary level
reduction provided for in this title shall not apply if, before the
fiscal year during which such reduction will occur, a bill is enacted
into law as described in section 105.
SEC. 105. OFFSET OF BUDGETARY LEVEL REDUCTION THROUGH REDUCTION IN
DIRECT SPENDING.
(a) In General.--Not later than 90 days after the end of fiscal
year 2024 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 2024, during any
fiscal year that a budgetary level reduction under section 102
is expected to 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
such reduction, 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 budgetary level reduction 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 (2 U.S.C. 900(c)(8)).
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
budgetary level reductions with respect to unauthorized programs in the
amounts provided in section 102.
TITLE II--SPENDING AND ACCOUNTABILITY COMMISSION
SEC. 201. ESTABLISHMENT.
There is established in the legislature a permanent commission, to
be known as the ``Spending and Accountability 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 14
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.
(b) Member Powers and Criteria.--Any individual appointed pursuant
to subsection (a) 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).
(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 on the Commission 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. In carrying out the duties assigned under this title, the
Commission may use any report or other information prepared by the
Government Accountability Office, the Congressional Budget Office, or
the Congressional Research Service.
(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 of the Commission.
(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 2024, 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, a budgetary level reduction in the
manner and amounts as provided under section 102.
(4) A mechanism under which any such reduction 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
budgetary level reduction that is expected to occur under
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.
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