equal to the amount determined to be the expected family 
contribution with respect to that student for that year.’’; 
and 
(2) by repealing paragraph (7). 
SEC. 403. BUDGETARY ADJUSTMENT. 
Section 251(b)(1) of the Balanced Budget and Emer-
gency Deficit Control Act of 1985 is amended by adding 
at the end the following new sentence: ‘‘Changing a pro-
gram from direct spending to discretionary spending or 
from discretionary spending to direct spending is a change 
of concept under this paragraph, provided it does not 
cause a net increase in new budget authority or outlays 
for the period of fiscal years set forth in subsection (c).’’. 
TITLE V—BUDGETING FOR 
ADMINISTRATIVE ACTIONS 
SEC. 501. REVIEW OF RULES REQUIRING NEW BUDGET AU-
THORITY. 
(a) IN GENERAL.—Chapter 5 of title 5, United 
States Code, is amended by inserting after section 559 the 
following: 
‘‘§ 559a. Review of rules requiring new budget au-
thority 
‘‘(a) IN GENERAL.—A rule made to carry out a direct 
spending program that would require new budget author-
ity of not less than $100,000,000 for the fiscal year the 
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rule takes effect or for any of the 9 fiscal years imme-
diately succeeding that fiscal year may not take effect, ex-
cept as provided in subsection (d). 
‘‘(b) REVIEW
BY OFFICE
OF MANAGEMENT
AND 
BUDGET OF PROPOSED RULES.—Before the effective date 
of any rule, the Director of the Office of Management and 
Budget shall review the rule to determine if the rule is 
a rule described in subsection (a). If the Director deter-
mines that the rule is such a rule— 
‘‘(1) the Director shall notify the agency mak-
ing the rule— 
‘‘(A) of that determination; and 
‘‘(B) the amount of the estimated new 
budget authority that the rule would require for 
the fiscal year in which the rule would take ef-
fect and the 9 fiscal years immediately suc-
ceeding that fiscal year; and 
‘‘(2) the agency may not undertake any further 
action pertaining to such rulemaking. 
‘‘(c) PERIODIC REVIEW OF RULES.—Beginning on 
the date that is one year after the date on which any rule 
takes effect, and annually thereafter, the Director of the 
Office of Management and Budget may make a determina-
tion as to whether the rule is a rule described in subsection 
(a). For purposes of this determination, the fiscal year the 
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rule takes effect shall be deemed to be the fiscal year in 
which the Director makes the determination. If the Direc-
tor determines that the rule is such a rule, the agency 
that issued the rule shall provide for a transition period 
of such length as the Director, in consultation with the 
agency, determines appropriate. At the end of that transi-
tion period, the rule shall cease to have effect. 
‘‘(d) EXCEPTIONS.—Notwithstanding any other pro-
vision of this section, a rule described in subsection (a) 
shall take effect or continue in effect— 
‘‘(1) if the President submits written notice to 
the Congress that the President has determined that 
the rule should take effect or continue in effect be-
cause such rule is— 
‘‘(A) necessary because of an imminent 
threat to health or safety or other emergency; 
‘‘(B) necessary for the enforcement of 
criminal laws; 
‘‘(C) necessary for national security; or 
‘‘(D) issued pursuant to any statute imple-
menting an international trade agreement; or 
‘‘(2) when the new budget authority to carry 
out the rule is provided by law. 
‘‘(e) TREATMENT
OF
SUBSTANTIALLY
SIMILAR 
RULES.—A rule that does not take effect (or does not con-
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tinue in effect) under this section may not be reissued in 
substantially the same form, and a new rule that is sub-
stantially the same as such a rule may not be issued, un-
less the reissued or new rule is specifically authorized by 
a law enacted after the date that the rule fails to take 
effect or fails to continue in effect. 
‘‘(f) JUDICIAL REVIEW.—Any determination under 
this section shall be subject to review under chapter 7 of 
this title. 
‘‘(g) DEFINITIONS.—The terms ‘new budget author-
ity’ and ‘direct spending’ have the meanings given such 
terms under section 250 of the Balanced Budget and 
Emergency Deficit Control Act of 1985 (2 U.S.C. 900). 
‘‘(h) APPLICABILITY.—This section shall apply only 
to rules for which the rulemakings are commenced after 
the date of enactment of the Review Every Dollar Act of 
2011.’’. 
(b) COST OF PROJECTED ADMINISTRATIVE REGULA-
TIONS.—Section 1105(a) of title 31, United States Code, 
is amended— 
(1) by redesignating the second paragraph (37) 
as paragraph (39); and 
(2) by adding at the end the following new 
paragraph: 
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