Unauthorized Spending Accountability Act of 2021
Bill: H.R.2056 | Sponsor: Rep. McMorris Rodgers, Cathy (R-WA)
Policy area: Economics and Public Finance

Summary:
Unauthorized Spending Accountability Act of 2021
This bill establishes a three-year budgetary level reduction schedule for unauthorized programs funded through the annual appropriations process.
Under the bill, a budgetary level  is an allocation provided to the congressional appropriations committees under Section 302(a) of the Congressional Budget Act of 1974 by a congressional budget resolution or a deeming resolution.
The schedule applies to programs included in the Congressional Budget Office's annual report listing programs that are funded through the appropriations process and have an authorization of appropriations that has either expired or will expire during the year.
For the first year after a program's authorization has expired, the bill requires the budgetary level to be reduced by 10% of the funds appropriated for the program in the expiring fiscal year. The bill then requires reductions of 15% in the second and third years before terminating the program at the end of the third unauthorized year.
Programs that are reauthorized during the three-year period are exempt from the budgetary level reductions if the reauthorization contains a sunset provision limiting the authorization of appropriations period to no more than three years.
The bill establishes the Spending and Accountability Commission to review all mandatory spending programs and submit to Congress a legislative proposal to establish an authorization cycle for discretionary spending programs. The commission may recommend legislation to replace the budgetary level reductions required by this bill with reductions in mandatory spending.
The commission's reauthorization schedule must limit reauthorizations to three years, include the budgetary level reductions established by this bill, and establish a mechanism for replacing the budgetary level reductions with reductions to mandatory spending programs.
The House of Representatives must consider the commission's proposal using specified expedited legislative procedures.

To provide for a 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 of 2021''.
    (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 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.

                TITLE I--SUNSET OF UNAUTHORIZED PROGRAMS

SEC. 101. ESTABLISHMENT OF BUDGETARY LEVEL REDUCTION SCHEDULE.

    (a) In General.--There is hereby established a reoccurring three-
year budgetary level reduction cycle with respect to any unauthorized 
program, to begin in fiscal year 2021, 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 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 ``expiring fiscal 
        year'' means, with respect to an unauthorized program, the 
        fiscal year during which authorizations of appropriations will 
        expire for such program.
            (4) Unauthorized program.--The term ``unauthorized 
        program'' means any program or activity listed in the annual 
        report published by the Congressional Budget Office, entitled 
        ``Expired and Expiring Authorizations of Appropriations'', or 
        any successor 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 Before Fiscal Year 2021.--
For purposes of applying this Act to any unauthorized program funded 
during fiscal year 2021 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)(4) with respect to which authorizations of appropriations will 
expire during fiscal year 2021.

SEC. 102. REDUCTION IN BUDGETARY LEVEL FOR UNAUTHORIZED PROGRAMS.

    (a) Budgetary Level for Fiscal Year Following Expiration of 
Authorization.--With respect to any unauthorized program, on the date 
that a budgetary level is established for the fiscal year immediately 
following the expiring fiscal year, such level shall immediately 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 Authorization.--With respect to any unauthorized program 
that results 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 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 Representatives 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 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 BUDGETARY LEVEL REDUCTION.

    (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 reauthorized 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 provision applicable to such 
        program providing for an authorization 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.

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 2021 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 2021, 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 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 
        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 budgetary 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 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 Accountability 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 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 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.
    (b) Member Powers and Criteria.--Any individual appointed pursuant 
to subsection (a) 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).
    (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 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 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. 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 Congressional Research Service.
    (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 of the Commission.
            (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 2021, 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, a budgetary level reduction in the 
        manner and amounts as provided under section 102.
            (4) A mechanism under which any such reduction 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 
        budgetary level reduction that is expected to occur under 
        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.
                                 <all>