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. JEN-
KINS 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 consider-
ation 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. 
Be it enacted by the Senate and House of Representa-
tives 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 of 2017’’. 
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(b) TABLE OF CONTENTS.—The table of contents of 
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 spend-
ing. 
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. 
TITLE I—SUNSET OF 
UNAUTHORIZED PROGRAMS 
SEC. 101. ESTABLISHMENT OF BUDGETARY LEVEL REDUC-
TION SCHEDULE. 
(a) IN GENERAL.—There is hereby established a re-
occurring three-year budgetary level reduction cycle with 
respect to any unauthorized program, to begin in fiscal 
year 2018, consistent with the requirements of this Act. 
(b) DEFINITIONS.—In this Act: 
(1) BUDGETARY LEVEL.—The term ‘‘budgetary 
level’’ means the allocation made under section 
302(a) of the Congressional Budget Act of 1974 (2 
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U.S.C. 633(a)) to the Committee on Appropriations 
of the House of Representatives or the Senate in a 
concurrent resolution on the budget for a fiscal year, 
and includes any such allocation made pursuant to 
a deeming resolution. 
(2) COMMISSION.—The term ‘‘Commission’’ 
means the Spending and Accountability Commission 
established under title II. 
(3) EXPIRING FISCAL YEAR.—The term ‘‘expir-
ing fiscal year’’ means, with respect to an unauthor-
ized program, the fiscal year during which author-
izations of appropriations will expire for such pro-
gram. 
(4) UNAUTHORIZED PROGRAM.—The term ‘‘un-
authorized program’’ means any program or activity 
listed in the annual report published by the Congres-
sional Budget Office, entitled ‘‘Unauthorized Appro-
priations and Expiring Authorizations’’, or any suc-
cessor report, with respect to which authorizations of 
appropriations will expire during the fiscal year in 
which such report is published. 
(c) APPLICATION TO PROGRAMS THAT EXPIRED BE-
FORE FISCAL YEAR 2018.—For purposes of applying this 
Act to any unauthorized program funded during fiscal 
year 2018 and for which authorizations of appropriations 
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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)(4) with respect to which au-
thorizations of appropriations will expire during fiscal year 
2018. 
SEC. 102. REDUCTION IN BUDGETARY LEVEL FOR UNAU-
THORIZED PROGRAMS. 
(a) BUDGETARY LEVEL
FOR FISCAL YEAR FOL-
LOWING EXPIRATION OF AUTHORIZATION.—With respect 
to any unauthorized program, on the date that a budg-
etary level is established for the fiscal year immediately 
following the expiring fiscal year, such level shall imme-
diately be reduced by an amount equal to 10 percent of 
the funds appropriated for such program in the expiring 
fiscal year. 
(b) BUDGETARY LEVEL FOR SECOND AND THIRD 
FISCAL YEARS FOLLOWING EXPIRATION OF AUTHORIZA-
TION.—With respect to any unauthorized program that re-
sults in a budgetary level reduction under subsection (a) 
that remains an unauthorized program in the second or 
third fiscal year following the expiring fiscal year, on the 
date that a budgetary level is established for either such 
second or third fiscal year, the budgetary level for either 
such fiscal year shall be reduced by an amount equal to 
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15 percent of the funds appropriated for such program 
in the expiring fiscal year. 
(c) TRANSMITTAL OF NEW BUDGETARY LEVEL.— 
Upon the reduction of a budgetary level (if any) under 
subsection (a) or (b), the chair of the Committee on the 
Budget of the House of Representatives and the Senate 
shall submit the revised budgetary level to the chair of 
the Committee on Appropriations of the House of Rep-
resentatives and the Senate, respectively. 
SEC. 103. TERMINATION OF UNAUTHORIZED PROGRAMS 
AFTER THIRD UNAUTHORIZED YEAR. 
(a) IN GENERAL.—Any unauthorized program that 
causes a budgetary level reduction under section 102(b) 
applicable to 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, except that any unobligated amounts available 
for such program after the date of termination shall re-
main available for recording, adjusting, and liquidating 
valid obligations of such program issued before such ter-
mination date. 
(b) OBLIGATION OF FUNDS PROHIBITED WITHOUT 
REAUTHORIZATION.—No funds may be obligated for any 
program terminated pursuant to subsection (a) in any fis-
cal year without an express reauthorization of the program 
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by Congress containing an authorization of appropriations 
period not to exceed three years. 
SEC. 104. EXEMPTION FROM BUDGETARY LEVEL REDUC-
TION. 
(a) REAUTHORIZATION.— 
(1) IN GENERAL.—Consistent with paragraph 
(2)— 
(A) any unauthorized program that causes 
a budgetary level reduction applicable to a fiscal 
year under section 102 that is expressly reau-
thorized during the fiscal year in which such 
level is established shall not be subject to the 
requirements of this title; and 
(B) upon the date of such reauthorization, 
any such reduction shall be restored. 
(2) LIMITATION.—Paragraph (1) shall only 
apply if the reauthorization contains a sunset provi-
sion applicable to such program providing for an au-
thorization of appropriations period of not more 
than three years. 
(b) OFFSET BY REDUCTION IN DIRECT SPENDING.— 
Any budgetary level reduction provided for in this title 
shall not apply if, before the fiscal year during which such 
reduction will occur, a bill is enacted into law as described 
in section 105. 
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SEC. 105. OFFSET OF BUDGETARY LEVEL REDUCTION 
THROUGH REDUCTION IN DIRECT SPENDING. 
(a) IN GENERAL.—Not later than 90 days after the 
end of fiscal year 2018 and any subsequent fiscal year 
during which this title remains applicable pursuant to sec-
tion 106, the Commission shall review Federal programs 
funded by direct spending. 
(b) REDUCTION IN DIRECT SPENDING.— 
(1) IN
GENERAL.—Beginning in fiscal year 
2018, during any fiscal year that a budgetary level 
reduction under section 102 is expected to occur 
during the subsequent fiscal year by operation of 
this title, the Commission may submit to Congress 
a legislative proposal providing for reductions in di-
rect 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 such reduction, 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 budg-
etary level reduction 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 
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250(c)(8) of the Balanced Budget and Emergency Deficit 
Control Act of 1985 (2 U.S.C. 900(c)(8)). 
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 budgetary level reductions with 
respect to unauthorized programs in the amounts provided 
in section 102. 
TITLE II—SPENDING AND 
ACCOUNTABILITY COMMISSION 
SEC. 201. ESTABLISHMENT. 
There is established in the legislature a permanent 
commission, to be known as the ‘‘Spending and Account-
ability 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 com-
prehensive 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 pro-
grams funded by discretionary spending. 
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SEC. 203. MEMBERSHIP. 
(a) NUMBER AND APPOINTMENT.—The Commission 
shall be composed of 14 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 mi-
nority 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. 
(b) MEMBER POWERS
AND CRITERIA.—Any indi-
vidual appointed pursuant to subsection (a) shall be a vot-
ing 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). 
(c) CONGRESSIONAL COMMITTEE MEMBERSHIP RE-
QUIREMENTS.—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. 
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(4) The Committee on the Budget of the Sen-
ate. 
(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 on the Commission 
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 nec-
essary 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 
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timely manner. In carrying out the duties assigned under 
this title, the Commission may use any report or other 
information prepared by the Government Accountability 
Office, the Congressional Budget Office, or the Congres-
sional Research Service. 
(c) SUBPOENA POWER.— 
(1) AUTHORITY
TO
ISSUE
SUBPOENA.—The 
Commission may issue a subpoena to require the at-
tendance and testimony of witnesses and the produc-
tion of evidence relating to any matter under inves-
tigation by the Commission. 
(2) COMPLIANCE WITH SUBPOENA.—If a person 
refuses to obey an order or subpoena of the Commis-
sion 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 per-
son 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 adver-
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