I 

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. 

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’’. 


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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—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. 

3 TITLE I—SEQUESTER AND SUN4 SET OF UNAUTHORIZED PRO5 GRAMS 

6 SEC. 101. ESTABLISHMENT OF SEQUESTER AND SUNSET 

7 SCHEDULE. 

8 (a) IN GENERAL.—There is hereby established a re9 occurring three-year rescission and sunset schedule with 

10 respect to any unauthorized program, to begin in fiscal 

11 year 2016, consistent with the requirements of this Act. 

12 (b) DEFINITIONS.—In this title— 

13 (1) the term ‘‘unauthorized program’’ means 

14 any program or activity listed in the annual report 


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1 published by the Congressional Budget Office, enti2 tled ‘‘Unauthorized Appropriations and Expiring 

3 Authorizations’’, or any successor report, with re4 spect to which authorizations of appropriations will 

5 expire during the fiscal year in which such report is 

6 published; and 

7 (2) the term ‘‘expiring fiscal year’’ means, with 

8 respect to an unauthorized program, the fiscal year 

9 during which authorizations of appropriations will 

10 expire for such program. 

11 (c) APPLICATION TO PROGRAMS THAT EXPIRED BE12 FORE FISCAL YEAR 2016.—For purposes of applying this 

13 Act to any unauthorized program funded during fiscal 

14 year 2016 and for which authorizations of appropriations 

15 expired before such fiscal year, such program shall be 

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

17 referred to in subsection (b)(1) with respect to which au18 thorizations of appropriations will expire during fiscal year 

19 2016. 

20 SEC. 102. REDUCTION IN FUNDING FOR UNAUTHORIZED 

21 PROGRAMS. 

22 (a) OBLIGATION LIMITATION.— 

23 (1) FIRST FISCAL YEAR FOLLOWING EXPIRA24 TION OF AUTHORIZATION.—With respect to any un25 authorized program, during the fiscal year immeVerDate Sep 11 2014 03:20 Mar 15, 2016 Jkt 059200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H4730.IH H4730

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1 diately following the expiring fiscal year, not more 

2 than an amount equal to 90 percent of the funds ap3 propriated for such program in the expiring fiscal 

4 year may be obligated. 

5 (2) SECOND AND THIRD FISCAL YEARS FOL6 LOWING EXPIRATION OF AUTHORIZATION.—With re7 spect to any unauthorized program subject to an ob8 ligation limitation under paragraph (1) that remains 

9 unauthorized in the second or third fiscal year fol10 lowing the expiring fiscal year, during any such sec11 ond or third fiscal year, an amount equal to not 

12 more than 85 percent of the funds appropriated for 

13 such program in the expiring fiscal year may be obli14 gated. 

15 (b) RESCISSION OF FUNDS.— 

16 (1) FIRST FISCAL YEAR FOLLOWING EXPIRA17 TION OF AUTHORIZATION.—With respect to any 

18 funds made available for an unauthorized program 

19 subject to an obligation limitation under subsection 

20 (a)(1) in the fiscal year during which such limitation 

21 is applicable, on the first day of such fiscal year 

22 there is rescinded an amount necessary to reduce 

23 such funds to a level equal to 90 percent of the 

24 funds appropriated for such program in the expiring 

25 fiscal year. 


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1 (2) SECOND AND THIRD FISCAL YEARS FOL2 LOWING EXPIRATION OF AUTHORIZATION.—With re3 spect to any funds made available for an unauthor4 ized program subject to an obligation limitation 

5 under subsection (a)(2), on the first day of the sec6 ond or third fiscal year (as the case may be) there 

7 is rescinded an amount necessary to reduce such 

8 funds to a level equal to 85 percent of the funds ap9 propriated for such program in the expiring fiscal 

10 year. 

11 (c) DISCRETIONARY SPENDING LIMIT ADJUST12 MENT.—Effective upon the date of any rescission under 

13 subsection (b), the Director of the Office of Management 

14 and Budget shall reduce the revised security category or 

15 revised nonsecurity category (as the case may be) for the 

16 applicable fiscal year under section 251(c) of the Balanced 

17 Budget and Emergency Deficit Control Act of 1985 by 

18 a dollar amount equal to such rescission. 

19 SEC. 103. TERMINATION OF UNAUTHORIZED PROGRAMS 

20 AFTER THIRD UNAUTHORIZED YEAR. 

21 (a) IN GENERAL.—Any unauthorized program sub22 ject to an obligation limitation under section 102(a)(2) 

23 during the third fiscal year following the expiring fiscal 

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

25 year immediately following such third fiscal year, be termiVerDate Sep 11 2014 03:20 Mar 15, 2016 Jkt 059200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H4730.IH H4730

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1 nated. Any unobligated amounts available for such pro2 gram after the date of termination shall remain available 

3 for recording, adjusting, and liquidating valid obligations 

4 of such program issued before such termination date. 

5 (b) OBLIGATION OF FUNDS PROHIBITED WITHOUT

6 REAUTHORIZATION.—No funds may be obligated for any 

7 program terminated pursuant to subsection (a) in any fis8 cal year without an express reauthorization of the program 

9 by Congress containing an authorization of appropriations 

10 period not to exceed three years. 

11 SEC. 104. EXEMPTION FROM OBLIGATION LIMITATION, RE12 SCISSION, AND TERMINATION. 

13 (a) REAUTHORIZATION.— 

14 (1) IN GENERAL.—Any unauthorized program 

15 subject to a rescission under section 102 for any fis16 cal year that is expressly reauthorized during such 

17 fiscal year shall not be subject to the requirements 

18 of this title with respect to that fiscal year or any 

19 subsequent second or third fiscal year (as the case 

20 may be). 

21 (2) RESTORATION OF BUDGET AUTHORITY.— 

22 Any budget authority rescinded during the fiscal 

23 year of reauthorization shall be restored, and the ap24 plicable reduction in the discretionary spending limit 


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1 for that fiscal year under section 102(c) shall have 

2 no force or effect. 

3 (3) LIMITATION.—Paragraphs (1) and (2) shall 

4 only apply if the reauthorization contains a sunset 

5 provision applicable to such program providing for 

6 an authorization of appropriations period of not 

7 more than three years. 

8 (b) RESCISSION OFFSET BY REDUCTION IN DIRECT

9 SPENDING.—Any obligation limitation and rescission 

10 under section 102 shall not apply if, before the fiscal year 

11 during which such limitation and rescission will occur, a 

12 bill is enacted into law as described in section 105. 

13 SEC. 105. OFFSET OF RESCISSIONS THROUGH REDUCTIONS 

14 IN DIRECT SPENDING. 

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

16 end of fiscal year 2017 and any subsequent fiscal year 

17 during which this title remains applicable pursuant to sec18 tion 106, the Commission shall review Federal programs 

19 funded by direct spending. 

20 (b) REDUCTION IN DIRECT SPENDING.— 

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

22 2016, during any fiscal year that an obligation limi23 tation and rescission will occur during the subse24 quent fiscal year by operation of this title, the Com25 mission may submit to Congress a legislative proVerDate Sep 11 2014 03:20 Mar 15, 2016 Jkt 059200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H4730.IH H4730

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1 posal providing for reductions in direct spending, to 

2 occur over a period of time not to exceed the next 

3 ten fiscal years, in an amount equal to the total 

4 amount of discretionary funds that will be so re5 scinded, as determined by the Commission. 

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

7 described under paragraph (1) is enacted into law 

8 before such subsequent fiscal year begins, the obliga9 tion limitation and rescissions that would occur dur10 ing such fiscal year as a result of this title shall have 

11 no force or effect during that fiscal year. 

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

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

14 250(c)(8) of the Balanced Budget and Emergency Deficit 

15 Control Act of 1985. 

16 SEC. 106. SUNSET. 

17 This title shall sunset on the date that the legislative 

18 proposal described under section 301 is enacted into law. 

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

20 enacted, does not include obligation limitations and rescis21 sions with respect to unauthorized programs in the 

22 amounts and percentages as provided in section 102. 


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1 TITLE II—SPENDING 

2 ACCOUNTABILITY COMMISSION 

3 SEC. 201. ESTABLISHMENT. 

4 There is established in the legislature a permanent 

5 commission, to be known as the ‘‘Spending and Account6 ability Commission’’ (in this Act referred to as the ‘‘Com7 mission’’), in order to carry out section 105 and title III 

8 of this Act. 

9 SEC. 202. DUTIES OF COMMISSION. 

10 The Commission shall— 

11 (1) as described in section 105, conduct com12 prehensive reviews of all Federal programs funded 

13 through direct spending; and 

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

15 proposal for an authorization cycle for Federal pro16 grams funded by discretionary spending. 

17 SEC. 203. MEMBERSHIP. 

18 (a) NUMBER AND APPOINTMENT.—The Commission 

19 shall be composed of 17 members, as follows: 

20 (1) Seven members shall be appointed by the 

21 Speaker of the House of Representatives, of whom 

22 three shall be appointed in consultation with the mi23 nority leader of the House of Representatives. 

24 (2) Seven members shall be appointed by the 

25 majority leader of the Senate, of whom three shall 


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1 be appointed in consultation with the minority leader 

2 of the Senate. 

3 (3) The Comptroller General of the United 

4 States. 

5 (4) The Director of the Congressional Budget 

6 Office. 

7 (5) The Director of the Congressional Research 

8 Service. 

9 (b) MEMBER POWERS AND CRITERIA.—Any indi10 vidual appointed pursuant to— 

11 (1) subsection (a)(1) or (a)(2) shall be a voting 

12 member of the Commission and must be a Member 

13 of Congress (as defined in section 2106 of title 5, 

14 United States Code, but not including the Vice 

15 President); and 

16 (2) subsection (a)(3), (a)(4), or (a)(5), shall be 

17 a nonvoting member of the Commission. 

18 (c) CONGRESSIONAL COMMITTEE MEMBERSHIP RE19 QUIREMENTS.—Each committee listed under paragraphs 

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

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

22 (1) The Committee on Appropriations of the 

23 House of Representatives. 

24 (2) The Committee on Appropriations of the 

25 Senate. 


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

2 of Representatives. 

3 (4) The Committee on the Budget of the Sen4 ate. 

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

6 House of Representatives. 

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

8 (7) The Joint Economic Committee. 

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

10 the Commission shall be selected by the Speaker of the 

11 House of Representatives and the majority leader of the 

12 Senate. 

13 (e) VACANCIES.—Any vacancy shall be filled in the 

14 same manner in which the original appointment was made. 

15 SEC. 204. POWERS OF COMMISSION. 

16 (a) HEARINGS AND SESSIONS.—The Commission 

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

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

19 testimony, and receive such evidence as the Commission 

20 considers appropriate. The Commission may administer 

21 oaths to witnesses appearing before it. 

22 (b) OBTAINING INFORMATION.—The Commission 

23 may secure directly from any agency information nec24 essary to enable it to carry out its duties under this title. 

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


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1 furnish that information to the Commission in a full and 

2 timely manner. 

3 (c) SUBPOENA POWER.— 

4 (1) AUTHORITY TO ISSUE SUBPOENA.—The 

5 Commission may issue a subpoena to require the at6 tendance and testimony of witnesses and the produc7 tion of evidence relating to any matter under inves8 tigation by the Commission. 

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

10 refuses to obey an order or subpoena of the Commis11 sion that is issued in connection with a Commission 

12 proceeding, the Commission may apply to the United 

13 States district court in the judicial district in which 

14 the proceeding is held for an order requiring the per15 son to comply with the subpoena or order. 

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

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

18 States Code (relating to immunity of witnesses). 

19 (e) CONTRACT AUTHORITY.—The Commission may 

20 contract with and compensate government and private 

21 agencies or persons for services without regard to section 

22 6101 of title 41, United States Code (relating to adver23 tising requirement for Federal Government purchases and 

24 sales). 


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1 SEC. 205. PERSONNEL AND OTHER ADMINISTRATIVE MAT2 TERS. 

3 (a) PERSONNEL MATTERS.— 

4 (1) COMPENSATION.—Members shall not be 

5 paid by reason of their service as members. 

6 (2) TRAVEL EXPENSES.—Each member shall 

7 receive travel expenses, including per diem in lieu of 

8 subsistence, in accordance with applicable provisions 

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

10 States Code. 

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

12 Director who shall be appointed by the chair. The 

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

14 maximum rate of basic pay for GS–15 of the Gen15 eral Schedule. 

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

17 the pay of additional personnel as the Director con18 siders appropriate. 

19 (5) APPLICABILITY OF CERTAIN CIVIL SERVICE

20 LAWS.—The Director and staff of the Commission 

21 shall be appointed subject to the provisions of title 

22 5, United States Code, governing appointments in 

23 the competitive service, and shall be paid in accord24 ance with the provisions of chapter 51 and sub25 chapter III of chapter 53 of that title relating to 

26 classification and General Schedule pay rates. 


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1 (b) OTHER ADMINISTRATIVE MATTERS.— 

2 (1) POSTAL AND PRINTING SERVICES.—The 

3 Commission may use the United States mails and 

4 obtain printing and binding services in the same 

5 manner and under the same conditions as other 

6 agencies. 

7 (2) ADMINISTRATIVE SUPPORT SERVICES.— 

8 Upon the request of the Commission, the Adminis9 trator of General Services shall provide to the Com10 mission, on a reimbursable basis, the administrative 

11 support services necessary for the Commission to 

12 carry out its duties under this title. 

13 (3) EXPERTS AND CONSULTANTS.—The Com14 mission may procure temporary and intermittent 

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

16 States Code. 

17 SEC. 206. FUNDING. 

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

19 shall be carried out using amounts otherwise appropriated 

20 or made available to the House of Representatives and the 

21 Senate. No additional funds are authorized to be appro22 priated to carry out this Act. 

23 (b) ALLOCATION BETWEEN HOUSE AND SENATE.— 

24 Of the amounts used to carry out this title— 


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1 (1) 50 percent shall be derived from the appli2 cable accounts of the House of Representatives; and 

3 (2) 50 percent shall be derived from the contin4 gent fund of the Senate. 

5 TITLE III—REAUTHORIZATION 

6 CYCLE FOR DISCRETIONARY 

7 PROGRAMS 

8 SEC. 301. ESTABLISHMENT OF REAUTHORIZATION SCHED9 ULE. 

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

11 date of enactment of this Act, the Commission shall sub12 mit to Congress a legislative proposal, consistent with the 

13 requirements of subsection (b), that establishes a reau14 thorization schedule for Federal programs funded by dis15 cretionary spending. Such proposal shall be considered 

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

17 (b) PROPOSAL REQUIREMENTS.—The legislative pro18 posal submitted under subsection (a) shall provide for the 

19 following: 

20 (1) A reauthorization cycle under which, during 

21 any fiscal year beginning with fiscal year 2018, any 

22 Federal program funded by discretionary spending 

23 that will expire during that fiscal year but that Con24 gress does not want to terminate is reauthorized, 


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1 pursuant to a legislation schedule as Congress deems 

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

3 (2) A sunset provision for any program so reau4 thorized that terminates any such program on the 

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

6 be) after the date of such reauthorization. 

7 (3) With respect to any program that is unau8 thorized, as determined by Congress, an obligation 

9 limitation and rescission in the manner and amounts 

10 as provided under section 102. 

11 (4) A mechanism under which any such limita12 tion and rescission may, with respect to any fiscal 

13 year, be nullified by the enactment into law, before 

14 such fiscal year begins, of a measure reducing direct 

15 spending in an amount equal to the total amount of 

16 any rescission of discretionary amounts occurring 

17 pursuant to the procedures established pursuant to 

18 paragraph (3). Such reduction may occur over a pe19 riod not to exceed ten years following the fiscal year 

20 in which such measure is enacted. 

21 (c) PROCEDURE IN THE HOUSE.— 

22 (1) INTRODUCTION AND REFERRAL.— 

23 (A) IN GENERAL.—Not later than 120 

24 days after the date that a proposal is submitted 

25 under subsection (a), the chair of the CommisVerDate Sep 11 2014 03:20 Mar 15, 2016 Jkt 059200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\H4730.IH H4730

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1 sion, or a Member of the Commission des2 ignated by the chair, shall introduce in the 

3 House of Representatives, not later than 60 

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

5 The bill introduced may take into consideration 

6 any recommendations of any Member or stand7 ing committee of the House of Representatives 

8 to amend such proposal to the Commission, but 

9 only if the recommendations are submitted not 

10 later than 60 days after the proposal is sub11 mitted under subsection (a). 

12 (B) REFERRAL.—Any committee of the 

13 House of Representatives to which a bill intro14 duced under subparagraph (A) is referred shall 

15 report it to the House without amendment not 

16 later than the fifth legislative day after the date 

17 of its introduction. If a committee fails to re18 port the bill without amendment within that pe19 riod or the House has adopted a concurrent res20 olution providing for adjournment sine die at 

21 the end of a Congress, such committee shall be 

22 automatically discharged from further consider23 ation of the bill and it shall be placed without 

24 amendment on the appropriate calendar. 


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1 (2) EXPEDITED CONSIDERATION IN THE

2 HOUSE.— 

3 (A) IN GENERAL.—Not later than five leg4 islative days after the bill introduced under 

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

6 of referral have been discharged from further 

7 consideration thereof, it shall be in order to 

8 move to proceed to consider the bill in the 

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

10 a time designated by the Speaker in the legisla11 tive schedule within two legislative days after 

12 the day on which the proponent announces an 

13 intention to the House to offer the motion. The 

14 previous question shall be considered as ordered 

15 on the motion to its adoption without inter16 vening motion. 

17 (B) CONSIDERATION.—If the motion to 

18 proceed is agreed to, the House shall imme19 diately proceed to consider the bill introduced 

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

21 intervening motion. Such bill shall be consid22 ered as read. All points of order against such 

23 bill and against its consideration are waived. 

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1 vening motion except 2 hours of debate equally 

2 divided and controlled by the proponent and an 

3 opponent and one motion to limit debate on the 

4 bill. 

Æ 


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