I 

115TH CONGRESS 

1ST SESSION H. R. 2174 

To provide for a reauthorizing schedule for unauthorized Federal programs, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 26, 2017 

Mrs. MCMORRIS RODGERS (for herself, Mr. BARTON, Mr. BISHOP of Utah, 

Mr. BUCK, Mr. BURGESS, Mr. CRAMER, Mr. EMMER, Mr. FARENTHOLD, 

Mr. FLORES, Mr. JORDAN, Mr. MCCLINTOCK, Mr. MESSER, Mr. OLSON, 

Mr. PALMER, Mr. ROE of Tennessee, Mr. STEWART, Mrs. WAGNER, Mr. 

YOHO, Mr. CHABOT, Mr. WALKER, Mr. RENACCI, Mr. BLUM, Ms. JENKINS of Kansas, Mr. RATCLIFFE, Mr. SMITH of Missouri, Mr. BYRNE, 

Mr. LOUDERMILK, and Mr. HUDSON) introduced the following bill; which 

was referred to the Committee on Oversight and Government Reform, 

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. 

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; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Unauthorized Spending Accountability Act of 2017’’. 


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1 (b) TABLE OF CONTENTS.—The table of contents of 

2 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. 

3 TITLE I—SUNSET OF 

4 UNAUTHORIZED PROGRAMS 

5 SEC. 101. ESTABLISHMENT OF BUDGETARY LEVEL REDUC6 TION SCHEDULE. 

7 (a) IN GENERAL.—There is hereby established a re8 occurring three-year budgetary level reduction cycle with 

9 respect to any unauthorized program, to begin in fiscal 

10 year 2018, consistent with the requirements of this Act. 

11 (b) DEFINITIONS.—In this Act: 

12 (1) BUDGETARY LEVEL.—The term ‘‘budgetary 

13 level’’ means the allocation made under section 

14 302(a) of the Congressional Budget Act of 1974 (2 


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1 U.S.C. 633(a)) to the Committee on Appropriations 

2 of the House of Representatives or the Senate in a 

3 concurrent resolution on the budget for a fiscal year, 

4 and includes any such allocation made pursuant to 

5 a deeming resolution. 

6 (2) COMMISSION.—The term ‘‘Commission’’ 

7 means the Spending and Accountability Commission 

8 established under title II. 

9 (3) EXPIRING FISCAL YEAR.—The term ‘‘expir10 ing fiscal year’’ means, with respect to an unauthor11 ized program, the fiscal year during which author12 izations of appropriations will expire for such pro13 gram. 

14 (4) UNAUTHORIZED PROGRAM.—The term ‘‘un15 authorized program’’ means any program or activity 

16 listed in the annual report published by the Congres17 sional Budget Office, entitled ‘‘Unauthorized Appro18 priations and Expiring Authorizations’’, or any suc19 cessor report, with respect to which authorizations of 

20 appropriations will expire during the fiscal year in 

21 which such report is published. 

22 (c) APPLICATION TO PROGRAMS THAT EXPIRED BE23 FORE FISCAL YEAR 2018.—For purposes of applying this 

24 Act to any unauthorized program funded during fiscal 

25 year 2018 and for which authorizations of appropriations 


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1 expired before such fiscal year, such program shall be 

2 deemed to be a program or activity listed in the report 

3 referred to in subsection (b)(4) with respect to which au4 thorizations of appropriations will expire during fiscal year 

5 2018. 

6 SEC. 102. REDUCTION IN BUDGETARY LEVEL FOR UNAU7 THORIZED PROGRAMS. 

8 (a) BUDGETARY LEVEL FOR FISCAL YEAR FOL9 LOWING EXPIRATION OF AUTHORIZATION.—With respect 

10 to any unauthorized program, on the date that a budg11 etary level is established for the fiscal year immediately 

12 following the expiring fiscal year, such level shall imme13 diately be reduced by an amount equal to 10 percent of 

14 the funds appropriated for such program in the expiring 

15 fiscal year. 

16 (b) BUDGETARY LEVEL FOR SECOND AND THIRD

17 FISCAL YEARS FOLLOWING EXPIRATION OF AUTHORIZA18 TION.—With respect to any unauthorized program that re19 sults in a budgetary level reduction under subsection (a) 

20 that remains an unauthorized program in the second or 

21 third fiscal year following the expiring fiscal year, on the 

22 date that a budgetary level is established for either such 

23 second or third fiscal year, the budgetary level for either 

24 such fiscal year shall be reduced by an amount equal to 


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1 15 percent of the funds appropriated for such program 

2 in the expiring fiscal year. 

3 (c) TRANSMITTAL OF NEW BUDGETARY LEVEL.— 

4 Upon the reduction of a budgetary level (if any) under 

5 subsection (a) or (b), the chair of the Committee on the 

6 Budget of the House of Representatives and the Senate 

7 shall submit the revised budgetary level to the chair of 

8 the Committee on Appropriations of the House of Rep9 resentatives and the Senate, respectively. 

10 SEC. 103. TERMINATION OF UNAUTHORIZED PROGRAMS 

11 AFTER THIRD UNAUTHORIZED YEAR. 

12 (a) IN GENERAL.—Any unauthorized program that 

13 causes a budgetary level reduction under section 102(b) 

14 applicable to the third fiscal year following the expiring 

15 fiscal year shall, effective immediately on October 1 of the 

16 fiscal year immediately following such third fiscal year, be 

17 terminated, except that any unobligated amounts available 

18 for such program after the date of termination shall re19 main available for recording, adjusting, and liquidating 

20 valid obligations of such program issued before such ter21 mination date. 

22 (b) OBLIGATION OF FUNDS PROHIBITED WITHOUT

23 REAUTHORIZATION.—No funds may be obligated for any 

24 program terminated pursuant to subsection (a) in any fis25 cal year without an express reauthorization of the program 


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1 by Congress containing an authorization of appropriations 

2 period not to exceed three years. 

3 SEC. 104. EXEMPTION FROM BUDGETARY LEVEL REDUC4 TION. 

5 (a) REAUTHORIZATION.— 

6 (1) IN GENERAL.—Consistent with paragraph 

7 (2)— 

8 (A) any unauthorized program that causes 

9 a budgetary level reduction applicable to a fiscal 

10 year under section 102 that is expressly reau11 thorized during the fiscal year in which such 

12 level is established shall not be subject to the 

13 requirements of this title; and 

14 (B) upon the date of such reauthorization, 

15 any such reduction shall be restored. 

16 (2) LIMITATION.—Paragraph (1) shall only 

17 apply if the reauthorization contains a sunset provi18 sion applicable to such program providing for an au19 thorization of appropriations period of not more 

20 than three years. 

21 (b) OFFSET BY REDUCTION IN DIRECT SPENDING.— 

22 Any budgetary level reduction provided for in this title 

23 shall not apply if, before the fiscal year during which such 

24 reduction will occur, a bill is enacted into law as described 

25 in section 105. 


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1 SEC. 105. OFFSET OF BUDGETARY LEVEL REDUCTION 

2 THROUGH REDUCTION IN DIRECT SPENDING. 

3 (a) IN GENERAL.—Not later than 90 days after the 

4 end of fiscal year 2018 and any subsequent fiscal year 

5 during which this title remains applicable pursuant to sec6 tion 106, the Commission shall review Federal programs 

7 funded by direct spending. 

8 (b) REDUCTION IN DIRECT SPENDING.— 

9 (1) IN GENERAL.—Beginning in fiscal year 

10 2018, during any fiscal year that a budgetary level 

11 reduction under section 102 is expected to occur 

12 during the subsequent fiscal year by operation of 

13 this title, the Commission may submit to Congress 

14 a legislative proposal providing for reductions in di15 rect spending, to occur over a period of time not to 

16 exceed the next ten fiscal years, in an amount equal 

17 to the total amount of such reduction, as determined 

18 by the Commission. 

19 (2) EFFECT OF ENACTMENT.—If the proposal 

20 described under paragraph (1) is enacted into law 

21 before such subsequent fiscal year begins, the budg22 etary level reduction that would occur during such 

23 fiscal year as a result of this title shall have no force 

24 or effect during that fiscal year. 

25 (c) DEFINITION.—In this section, the term ‘‘direct 

26 spending’’ has the meaning given such term in section 


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1 250(c)(8) of the Balanced Budget and Emergency Deficit 

2 Control Act of 1985 (2 U.S.C. 900(c)(8)). 

3 SEC. 106. SUNSET. 

4 This title shall sunset on the date that the legislative 

5 proposal described under section 301 is enacted into law. 

6 The previous sentence shall not apply if such proposal, as 

7 enacted, does not include budgetary level reductions with 

8 respect to unauthorized programs in the amounts provided 

9 in section 102. 

10 TITLE II—SPENDING AND 

11 ACCOUNTABILITY COMMISSION 

12 SEC. 201. ESTABLISHMENT. 

13 There is established in the legislature a permanent 

14 commission, to be known as the ‘‘Spending and Account15 ability Commission’’, in order to carry out section 105 and 

16 title III of this Act. 

17 SEC. 202. DUTIES OF COMMISSION. 

18 The Commission shall— 

19 (1) as described in section 105, conduct com20 prehensive reviews of all Federal programs funded 

21 through direct spending; and 

22 (2) as described in title III, provide a legislative 

23 proposal for an authorization cycle for Federal pro24 grams funded by discretionary spending. 


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1 SEC. 203. MEMBERSHIP. 

2 (a) NUMBER AND APPOINTMENT.—The Commission 

3 shall be composed of 14 members, as follows: 

4 (1) Seven members shall be appointed by the 

5 Speaker of the House of Representatives, of whom 

6 three shall be appointed in consultation with the mi7 nority leader of the House of Representatives. 

8 (2) Seven members shall be appointed by the 

9 majority leader of the Senate, of whom three shall 

10 be appointed in consultation with the minority leader 

11 of the Senate. 

12 (b) MEMBER POWERS AND CRITERIA.—Any indi13 vidual appointed pursuant to subsection (a) shall be a vot14 ing member of the Commission and must be a Member 

15 of Congress (as defined in section 2106 of title 5, United 

16 States Code, but not including the Vice President). 

17 (c) CONGRESSIONAL COMMITTEE MEMBERSHIP RE18 QUIREMENTS.—Each committee listed under paragraphs 

19 (1) through (7) shall have at least one Member on such 

20 committee appointed under subsection (a)(1) or (a)(2): 

21 (1) The Committee on Appropriations of the 

22 House of Representatives. 

23 (2) The Committee on Appropriations of the 

24 Senate. 

25 (3) The Committee on the Budget of the House 

26 of Representatives. 


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1 (4) The Committee on the Budget of the Sen2 ate. 

3 (5) The Committee on Ways and Means of the 

4 House of Representatives. 

5 (6) The Committee on Finance of the Senate. 

6 (7) The Joint Economic Committee. 

7 (d) CHAIR; VICE-CHAIR.—The chair and vice-chair of 

8 the Commission shall be selected by the Speaker of the 

9 House of Representatives and the majority leader of the 

10 Senate. 

11 (e) VACANCIES.—Any vacancy on the Commission 

12 shall be filled in the same manner in which the original 

13 appointment was made. 

14 SEC. 204. POWERS OF COMMISSION. 

15 (a) HEARINGS AND SESSIONS.—The Commission 

16 may, for the purpose of carrying out this title, hold such 

17 hearings, sit and act at such times and places, take such 

18 testimony, and receive such evidence as the Commission 

19 considers appropriate. The Commission may administer 

20 oaths to witnesses appearing before it. 

21 (b) OBTAINING INFORMATION.—The Commission 

22 may secure directly from any agency information nec23 essary to enable it to carry out its duties under this title. 

24 Upon request of the chair, the head of that agency shall 

25 furnish that information to the Commission in a full and 


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1 timely manner. In carrying out the duties assigned under 

2 this title, the Commission may use any report or other 

3 information prepared by the Government Accountability 

4 Office, the Congressional Budget Office, or the Congres5 sional Research Service. 

6 (c) SUBPOENA POWER.— 

7 (1) AUTHORITY TO ISSUE SUBPOENA.—The 

8 Commission may issue a subpoena to require the at9 tendance and testimony of witnesses and the produc10 tion of evidence relating to any matter under inves11 tigation by the Commission. 

12 (2) COMPLIANCE WITH SUBPOENA.—If a person 

13 refuses to obey an order or subpoena of the Commis14 sion that is issued in connection with a Commission 

15 proceeding, the Commission may apply to the United 

16 States district court in the judicial district in which 

17 the proceeding is held for an order requiring the per18 son to comply with the subpoena or order. 

19 (d) IMMUNITY.—The Commission is an agency of the 

20 United States for purposes of part V of title 18, United 

21 States Code (relating to immunity of witnesses). 

22 (e) CONTRACT AUTHORITY.—The Commission may 

23 contract with and compensate government and private 

24 agencies or persons for services without regard to section 

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1 tising requirement for Federal Government purchases and 

2 sales). 

3 SEC. 205. PERSONNEL AND OTHER ADMINISTRATIVE MAT4 TERS. 

5 (a) PERSONNEL MATTERS.— 

6 (1) COMPENSATION.—Members shall not be 

7 paid by reason of their service as members of the 

8 Commission. 

9 (2) TRAVEL EXPENSES.—Each member shall 

10 receive travel expenses, including per diem in lieu of 

11 subsistence, in accordance with applicable provisions 

12 under subchapter I of chapter 57 of title 5, United 

13 States Code. 

14 (3) DIRECTOR.—The Commission shall have a 

15 Director who shall be appointed by the chair. The 

16 Director shall be paid at a rate not to exceed the 

17 maximum rate of basic pay for GS–15 of the Gen18 eral Schedule. 

19 (4) STAFF.—The Director may appoint and fix 

20 the pay of additional personnel as the Director con21 siders appropriate. 

22 (5) APPLICABILITY OF CERTAIN CIVIL SERVICE

23 LAWS.—The Director and staff of the Commission 

24 shall be appointed subject to the provisions of title 

25 5, United States Code, governing appointments in 


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1 the competitive service, and shall be paid in accord2 ance with the provisions of chapter 51 and sub3 chapter III of chapter 53 of that title relating to 

4 classification and General Schedule pay rates. 

5 (b) OTHER ADMINISTRATIVE MATTERS.— 

6 (1) POSTAL AND PRINTING SERVICES.—The 

7 Commission may use the United States mails and 

8 obtain printing and binding services in the same 

9 manner and under the same conditions as other 

10 agencies. 

11 (2) ADMINISTRATIVE SUPPORT SERVICES.— 

12 Upon the request of the Commission, the Adminis13 trator of General Services shall provide to the Com14 mission, on a reimbursable basis, the administrative 

15 support services necessary for the Commission to 

16 carry out its duties under this title. 

17 (3) EXPERTS AND CONSULTANTS.—The Com18 mission may procure temporary and intermittent 

19 services under section 3109(b) of title 5, United 

20 States Code. 

21 SEC. 206. FUNDING. 

22 (a) USE OF EXISTING FUNDS.—The Commission 

23 shall be carried out using amounts otherwise appropriated 

24 or made available to the House of Representatives and the 


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1 Senate. No additional funds are authorized to be appro2 priated to carry out this Act. 

3 (b) ALLOCATION BETWEEN HOUSE AND SENATE.— 

4 Of the amounts used to carry out this title— 

5 (1) 50 percent shall be derived from the appli6 cable accounts of the House of Representatives; and 

7 (2) 50 percent shall be derived from the contin8 gent fund of the Senate. 

9 TITLE III—REAUTHORIZATION 

10 CYCLE FOR DISCRETIONARY 

11 PROGRAMS 

12 SEC. 301. ESTABLISHMENT OF REAUTHORIZATION SCHED13 ULE. 

14 (a) IN GENERAL.—Not later than 180 days after the 

15 date of enactment of this Act, the Commission shall sub16 mit to Congress a legislative proposal, consistent with the 

17 requirements of subsection (b), that establishes a reau18 thorization schedule for Federal programs funded by dis19 cretionary spending. Such proposal shall be considered 

20 under the procedures set forth in subsections (c) and (d). 

21 (b) PROPOSAL REQUIREMENTS.—The legislative pro22 posal submitted under subsection (a) shall provide for the 

23 following: 

24 (1) A reauthorization cycle under which, during 

25 any fiscal year beginning with fiscal year 2019, any 


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1 Federal program funded by discretionary spending 

2 that will expire during that fiscal year but that Con3 gress does not want to terminate is reauthorized, 

4 pursuant to a legislation schedule as Congress deems 

5 appropriate, for a period not to exceed three years. 

6 (2) A sunset provision for any program so reau7 thorized that terminates any such program on the 

8 date that is not later than 3 years (as the case may 

9 be) after the date of such reauthorization. 

10 (3) With respect to any program that is unau11 thorized, as determined by Congress, a budgetary 

12 level reduction in the manner and amounts as pro13 vided under section 102. 

14 (4) A mechanism under which any such reduc15 tion may, with respect to any fiscal year, be nullified 

16 by the enactment into law, before such fiscal year 

17 begins, of a measure reducing direct spending in an 

18 amount equal to the total amount of any budgetary 

19 level reduction that is expected to occur under proce20 dures established pursuant to paragraph (3). Such 

21 reduction may occur over a period not to exceed ten 

22 years following the fiscal year in which such measure 

23 is enacted. 

24 (c) PROCEDURE IN THE HOUSE.— 

25 (1) INTRODUCTION AND REFERRAL.— 


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1 (A) IN GENERAL.—Not later than 120 

2 days after the date that a proposal is submitted 

3 under subsection (a), the chair of the Commis4 sion, or a Member of the Commission des5 ignated by the chair, shall introduce in the 

6 House of Representatives, not later than 60 

7 days thereafter, a bill to carry out the proposal. 

8 The bill introduced may take into consideration 

9 any recommendations of any Member or stand10 ing committee of the House of Representatives 

11 to amend such proposal to the Commission, but 

12 only if the recommendations are submitted not 

13 later than 60 days after the proposal is sub14 mitted under subsection (a). 

15 (B) REFERRAL.—Any committee of the 

16 House of Representatives to which a bill intro17 duced under subparagraph (A) is referred shall 

18 report it to the House without amendment not 

19 later than the fifth legislative day after the date 

20 of its introduction. If a committee fails to re21 port the bill without amendment within that pe22 riod or the House has adopted a concurrent res23 olution providing for adjournment sine die at 

24 the end of a Congress, such committee shall be 

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1 ation of the bill and it shall be placed without 

2 amendment on the appropriate calendar. 

3 (2) EXPEDITED CONSIDERATION IN THE

4 HOUSE.— 

5 (A) IN GENERAL.—Not later than five leg6 islative days after the bill introduced under 

7 paragraph (1)(A) is reported or the committees 

8 of referral have been discharged from further 

9 consideration thereof, it shall be in order to 

10 move to proceed to consider the bill in the 

11 House. Such a motion shall be in order only at 

12 a time designated by the Speaker in the legisla13 tive schedule within two legislative days after 

14 the day on which the proponent announces an 

15 intention to the House to offer the motion. The 

16 previous question shall be considered as ordered 

17 on the motion to its adoption without inter18 vening motion. 

19 (B) CONSIDERATION.—If the motion to 

20 proceed is agreed to, the House shall imme21 diately proceed to consider the bill introduced 

22 under paragraph (1)(A) in the House without 

23 intervening motion. Such bill shall be consid24 ered as read. All points of order against such 

25 bill and against its consideration are waived. 


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1 The previous question shall be considered as or2 dered on such bill to its passage without inter3 vening motion except 2 hours of debate equally 

4 divided and controlled by the proponent and an 

5 opponent and one motion to limit debate on the 

6 bill. 

Æ 


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