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[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4730 Introduced in House (IH)]

<DOC>

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.

    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''.
    (b) Table of Contents.--The table of contents of 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.

         TITLE I--SEQUESTER AND SUNSET OF UNAUTHORIZED PROGRAMS

SEC. 101. ESTABLISHMENT OF SEQUESTER AND SUNSET SCHEDULE.

    (a) In General.--There is hereby established a reoccurring three-
year rescission and sunset schedule with respect to any unauthorized 
program, to begin in fiscal year 2016, consistent with the requirements 
of this Act.
    (b) Definitions.--In this title--
            (1) the term ``unauthorized program'' means any program or 
        activity listed in the annual report published by the 
        Congressional Budget Office, entitled ``Unauthorized 
        Appropriations and Expiring Authorizations'', or any successor 
        report, with respect to which authorizations of appropriations 
        will expire during the fiscal year in which such report is 
        published; and
            (2) 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.
    (c) Application to Programs That Expired Before Fiscal Year 2016.--
For purposes of applying this Act to any unauthorized program funded 
during fiscal year 2016 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)(1) with respect to which authorizations of appropriations will 
expire during fiscal year 2016.

SEC. 102. REDUCTION IN FUNDING FOR UNAUTHORIZED PROGRAMS.

    (a) Obligation Limitation.--
            (1) First fiscal year following expiration of 
        authorization.--With respect to any unauthorized program, 
        during the fiscal year immediately following the expiring 
        fiscal year, not more than an amount equal to 90 percent of the 
        funds appropriated for such program in the expiring fiscal year 
        may be obligated.
            (2) Second and third fiscal years following expiration of 
        authorization.--With respect to any unauthorized program 
        subject to an obligation limitation under paragraph (1) that 
        remains unauthorized in the second or third fiscal year 
        following the expiring fiscal year, during any such second or 
        third fiscal year, an amount equal to not more than 85 percent 
        of the funds appropriated for such program in the expiring 
        fiscal year may be obligated.
    (b) Rescission of Funds.--
            (1) First fiscal year following expiration of 
        authorization.--With respect to any funds made available for an 
        unauthorized program subject to an obligation limitation under 
        subsection (a)(1) in the fiscal year during which such 
        limitation is applicable, on the first day of such fiscal year 
        there is rescinded an amount necessary to reduce such funds to 
        a level equal to 90 percent of the funds appropriated for such 
        program in the expiring fiscal year.
            (2) Second and third fiscal years following expiration of 
        authorization.--With respect to any funds made available for an 
        unauthorized program subject to an obligation limitation under 
        subsection (a)(2), on the first day of the second or third 
        fiscal year (as the case may be) there is rescinded an amount 
        necessary to reduce such funds to a level equal to 85 percent 
        of the funds appropriated for such program in the expiring 
        fiscal year.
    (c) Discretionary Spending Limit Adjustment.--Effective upon the 
date of any rescission under subsection (b), the Director of the Office 
of Management and Budget shall reduce the revised security category or 
revised nonsecurity category (as the case may be) for the applicable 
fiscal year under section 251(c) of the Balanced Budget and Emergency 
Deficit Control Act of 1985 by a dollar amount equal to such 
rescission.

SEC. 103. TERMINATION OF UNAUTHORIZED PROGRAMS AFTER THIRD UNAUTHORIZED 
              YEAR.

    (a) In General.--Any unauthorized program subject to an obligation 
limitation under section 102(a)(2) during 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. 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 OBLIGATION LIMITATION, RESCISSION, AND 
              TERMINATION.

    (a) Reauthorization.--
            (1) In general.--Any unauthorized program subject to a 
        rescission under section 102 for any fiscal year that is 
        expressly reauthorized during such fiscal year shall not be 
        subject to the requirements of this title with respect to that 
        fiscal year or any subsequent second or third fiscal year (as 
        the case may be).
            (2) Restoration of budget authority.--Any budget authority 
        rescinded during the fiscal year of reauthorization shall be 
        restored, and the applicable reduction in the discretionary 
        spending limit for that fiscal year under section 102(c) shall 
        have no force or effect.
            (3) Limitation.--Paragraphs (1) and (2) 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) Rescission Offset by Reduction in Direct Spending.--Any 
obligation limitation and rescission under section 102 shall not apply 
if, before the fiscal year during which such limitation and rescission 
will occur, a bill is enacted into law as described in section 105.

SEC. 105. OFFSET OF RESCISSIONS THROUGH REDUCTIONS IN DIRECT SPENDING.

    (a) In General.--Not later than 90 days after the end of fiscal 
year 2017 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 2016, during any 
        fiscal year that an obligation limitation and rescission will 
        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 discretionary funds 
        that will be so rescinded, 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 obligation limitation and rescissions 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.

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 
obligation limitations and rescissions with respect to unauthorized 
programs in the amounts and percentages as provided in section 102.

              TITLE II--SPENDING ACCOUNTABILITY COMMISSION

SEC. 201. ESTABLISHMENT.

    There is established in the legislature a permanent commission, to 
be known as the ``Spending and Accountability Commission'' (in this Act 
referred to as the ``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 17 
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.
            (3) The Comptroller General of the United States.
            (4) The Director of the Congressional Budget Office.
            (5) The Director of the Congressional Research Service.
    (b) Member Powers and Criteria.--Any individual appointed pursuant 
to--
            (1) subsection (a)(1) or (a)(2) 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); and
            (2) subsection (a)(3), (a)(4), or (a)(5), shall be a 
        nonvoting member of the Commission.
    (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 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.
    (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.
            (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 2018, 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, an obligation limitation and rescission 
        in the manner and amounts as provided under section 102.
            (4) A mechanism under which any such limitation and 
        rescission 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 rescission of discretionary amounts 
        occurring pursuant to the 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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