II 

118TH CONGRESS 

2D SESSION S. 4376 

To increase Government accountability for administrative actions by 

reinvigorating administrative Pay-As-You-Go. 

IN THE SENATE OF THE UNITED STATES 

MAY 21, 2024 

Mr. BRAUN introduced the following bill; which was read twice and referred 

to the Committee on Homeland Security and Governmental Affairs 

A BILL 

To increase Government accountability for administrative 

actions by reinvigorating administrative Pay-As-You-Go. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Administrative Pay5 As-You-Go Act of 2023’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act— 

8 (1) the term ‘‘administrative action’’ means a 

9 ‘‘rule’’ as defined in section 804(3) of title 5, United 

10 States Code; 


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1 (2) the term ‘‘agency’’ means any authority of 

2 the United States that is an ‘‘agency’’ under section 

3 3502(1) of title 44, United States Code, other than 

4 those considered to be independent regulatory agen5 cies, as defined in section 3502(5) of such title; 

6 (3) the term ‘‘covered discretionary administra7 tive action’’ means a discretionary administrative ac8 tion that would affect direct spending; 

9 (4) the term ‘‘direct spending’’ has the meaning 

10 given that term in section 250(c) of the Balanced 

11 Budget and Emergency Deficit Control Act of 1985 

12 (2 U.S.C. 900(c)); 

13 (5) the term ‘‘Director’’ means the Director of 

14 the Office of Management and Budget; 

15 (6) the term ‘‘discretionary administrative ac16 tion’’— 

17 (A) means any administrative action that 

18 is not required by law; and 

19 (B) includes an administrative action re20 quired by law for which an agency has discre21 tion in the manner in which to implement the 

22 administrative action; and 

23 (7) the term ‘‘increase direct spending’’ means 

24 that the amount of direct spending would increase 

25 relative to— 


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1 (A) the most recently submitted projection 

2 of the amount of direct spending presented in 

3 baseline estimates as defined in section 257 of 

4 the Balanced Budget and Emergency Deficit 

5 Control Act of 1985, as amended, under— 

6 (i) the budget of the President sub7 mitted under section 1105 of title 31, 

8 United States Code; or 

9 (ii) the supplemental summary of the 

10 budget submitted under section 1106 of 

11 title 31, United States Code; 

12 (B) with respect to a discretionary admin13 istrative action that is incorporated into the ap14 plicable projection described in subparagraph 

15 (A) and for which a proposal has not been sub16 mitted under section 3(a)(2)(A), a projection of 

17 the amount of direct spending if no administra18 tive action were taken; or 

19 (C) with respect to a discretionary admin20 istrative action described in paragraph (6)(B), 

21 a projection of the amount of direct spending 

22 under the least costly implementation option 

23 reasonably identifiable by the agency that meets 

24 the requirements under the statute. 


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1 SEC. 3. REQUIREMENTS FOR ADMINISTRATIVE ACTIONS 

2 THAT AFFECT DIRECT SPENDING. 

3 (a) DISCRETIONARY ADMINISTRATIVE ACTIONS.— 

4 (1) IN GENERAL.—Before an agency may final5 ize any covered discretionary administrative action, 

6 the head of the agency shall submit to the Director 

7 for review written notice regarding the covered dis8 cretionary administrative action, which shall include 

9 an estimate of the budgetary effects of the covered 

10 discretionary administrative action. 

11 (2) INCREASING DIRECT SPENDING.— 

12 (A) IN GENERAL.—If the covered discre13 tionary administrative action would increase di14 rect spending, the written notice submitted by 

15 the head of the agency under paragraph (1) 

16 shall include a proposal to undertake 1 or more 

17 other administrative actions that would provide 

18 a reduction in direct spending greater than or 

19 equal to the increase in direct spending attrib20 utable to the covered discretionary administra21 tive action. 

22 (B) REVIEW.— 

23 (i) IN GENERAL.—The Director shall 

24 determine whether the reduction in direct 

25 spending in a proposal in a written notice 

26 from an agency under subparagraph (A) is 


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1 greater than or equal to the increase in di2 rect spending attributable to the covered 

3 discretionary administrative action to 

4 which the written notice relates. 

5 (ii) NO OFFSET.—If the written notice 

6 regarding a proposed covered discretionary 

7 administrative action that would increase 

8 direct spending does not include a proposal 

9 to offset the increased direct spending as 

10 determined in clause (i), the Director shall 

11 return the written notice to the agency for 

12 resubmission in accordance with this Act. 

13 (b) NONDISCRETIONARY ACTIONS.—If an agency de14 termines that an administrative action that would increase 

15 direct spending is required by law and therefore is not a 

16 covered discretionary administrative action, before the 

17 agency finalizes that administrative action, the head of the 

18 agency shall— 

19 (1) submit to the Director a written opinion by 

20 the general counsel of the agency, or the equivalent 

21 employee of the agency, explaining that legal conclu22 sion; 

23 (2) submit to the Director a projection of the 

24 amount of direct spending under the least costly im25 plementation option reasonably identifiable by the 


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1 agency that meets the requirements under the stat2 ute; and 

3 (3) consult with the Director regarding imple4 mentation of the administrative action. 

5 (c) PROJECTIONS.—Any projection for purposes of 

6 this Act shall be conducted in accordance with Office of 

7 Management and Budget Circular A–11, or any successor 

8 thereto. 

9 SEC. 4. ISSUANCE OF ADMINISTRATIVE GUIDANCE. 

10 Not later than 90 days after the date of enactment 

11 of this Act, the Director shall issue instructions regarding 

12 the implementation of this Act, including how covered dis13 cretionary administrative actions that increase direct 

14 spending and nontax receipts will be evaluated. 

15 SEC. 5. WAIVER. 

16 (a) IN GENERAL.—The Director may waive the re17 quirements of section 3 if the Director concludes that the 

18 waiver— 

19 (1) is necessary for the delivery of essential 

20 services; or 

21 (2) is necessary for effective program delivery. 

22 (b) PUBLICATION.—Any waiver determination under 

23 subsection (a) shall be published in the Federal Register. 


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1 SEC. 6. EXEMPTION. 

2 This Act shall not apply to administrative actions 

3 with direct spending cost of less than— 

4 (1) $1,000,000,000 over the 10-year period be5 ginning with the current year; or 

6 (2) $100,000,000 in any given year during such 

7 10-year period. 

8 SEC. 7. JUDICIAL REVIEW. 

9 No determination, finding, action, or omission under 

10 this Act shall be subject to judicial review. 

11 SEC. 8. SUNSET. 

12 This Act shall expire on December 31, 2024. 

13 SEC. 9. GAO REPORT. 

14 Within 180 days of the date of enactment of this Act, 

15 the Comptroller General shall issue a report on the imple16 mentation of this Act. 

17 SEC. 10. CONGRESSIONAL REVIEW ACT COMPLIANCE AS18 SESSMENT. 

19 Section 801(a)(2)(A) of title 5, United States Code, 

20 is amended by inserting after ‘‘compliance with procedural 

21 steps required by paragraph (1)(B)’’ the following: ‘‘, and 

22 shall in addition include an assessment of the agency’s 

23 compliance with such requirements of the Administrative 

24 Pay-As-You-Go Act of 2023 as may be applicable’’. 

Æ 


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