[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4376 Introduced in Senate (IS)]
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118th CONGRESS
2d Session
S. 4376
To increase Government accountability for administrative actions by
reinvigorating administrative Pay-As-You-Go.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 21, 2024
Mr. Braun introduced the following bill; which was read twice and
referred to the Committee on Homeland Security and Governmental Affairs
_______________________________________________________________________
A BILL
To increase Government accountability for administrative actions by
reinvigorating administrative Pay-As-You-Go.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Administrative Pay-As-You-Go Act of
2023''.
SEC. 2. DEFINITIONS.
In this Act--
(1) the term ``administrative action'' means a ``rule'' as
defined in section 804(3) of title 5, United States Code;
(2) the term ``agency'' means any authority of the United
States that is an ``agency'' under section 3502(1) of title 44,
United States Code, other than those considered to be
independent regulatory agencies, as defined in section 3502(5)
of such title;
(3) the term ``covered discretionary administrative
action'' means a discretionary administrative action that would
affect direct spending;
(4) the term ``direct spending'' has the meaning given that
term in section 250(c) of the Balanced Budget and Emergency
Deficit Control Act of 1985 (2 U.S.C. 900(c));
(5) the term ``Director'' means the Director of the Office
of Management and Budget;
(6) the term ``discretionary administrative action''--
(A) means any administrative action that is not
required by law; and
(B) includes an administrative action required by
law for which an agency has discretion in the manner in
which to implement the administrative action; and
(7) the term ``increase direct spending'' means that the
amount of direct spending would increase relative to--
(A) the most recently submitted projection of the
amount of direct spending presented in baseline
estimates as defined in section 257 of the Balanced
Budget and Emergency Deficit Control Act of 1985, as
amended, under--
(i) the budget of the President submitted
under section 1105 of title 31, United States
Code; or
(ii) the supplemental summary of the budget
submitted under section 1106 of title 31,
United States Code;
(B) with respect to a discretionary administrative
action that is incorporated into the applicable
projection described in subparagraph (A) and for which
a proposal has not been submitted under section
3(a)(2)(A), a projection of the amount of direct
spending if no administrative action were taken; or
(C) with respect to a discretionary administrative
action described in paragraph (6)(B), a projection of
the amount of direct spending under the least costly
implementation option reasonably identifiable by the
agency that meets the requirements under the statute.
SEC. 3. REQUIREMENTS FOR ADMINISTRATIVE ACTIONS THAT AFFECT DIRECT
SPENDING.
(a) Discretionary Administrative Actions.--
(1) In general.--Before an agency may finalize any covered
discretionary administrative action, the head of the agency
shall submit to the Director for review written notice
regarding the covered discretionary administrative action,
which shall include an estimate of the budgetary effects of the
covered discretionary administrative action.
(2) Increasing direct spending.--
(A) In general.--If the covered discretionary
administrative action would increase direct spending,
the written notice submitted by the head of the agency
under paragraph (1) shall include a proposal to
undertake 1 or more other administrative actions that
would provide a reduction in direct spending greater
than or equal to the increase in direct spending
attributable to the covered discretionary
administrative action.
(B) Review.--
(i) In general.--The Director shall
determine whether the reduction in direct
spending in a proposal in a written notice from
an agency under subparagraph (A) is greater
than or equal to the increase in direct
spending attributable to the covered
discretionary administrative action to which
the written notice relates.
(ii) No offset.--If the written notice
regarding a proposed covered discretionary
administrative action that would increase
direct spending does not include a proposal to
offset the increased direct spending as
determined in clause (i), the Director shall
return the written notice to the agency for
resubmission in accordance with this Act.
(b) Nondiscretionary Actions.--If an agency determines that an
administrative action that would increase direct spending is required
by law and therefore is not a covered discretionary administrative
action, before the agency finalizes that administrative action, the
head of the agency shall--
(1) submit to the Director a written opinion by the general
counsel of the agency, or the equivalent employee of the
agency, explaining that legal conclusion;
(2) submit to the Director a projection of the amount of
direct spending under the least costly implementation option
reasonably identifiable by the agency that meets the
requirements under the statute; and
(3) consult with the Director regarding implementation of
the administrative action.
(c) Projections.--Any projection for purposes of this Act shall be
conducted in accordance with Office of Management and Budget Circular
A-11, or any successor thereto.
SEC. 4. ISSUANCE OF ADMINISTRATIVE GUIDANCE.
Not later than 90 days after the date of enactment of this Act, the
Director shall issue instructions regarding the implementation of this
Act, including how covered discretionary administrative actions that
increase direct spending and nontax receipts will be evaluated.
SEC. 5. WAIVER.
(a) In General.--The Director may waive the requirements of section
3 if the Director concludes that the waiver--
(1) is necessary for the delivery of essential services; or
(2) is necessary for effective program delivery.
(b) Publication.--Any waiver determination under subsection (a)
shall be published in the Federal Register.
SEC. 6. EXEMPTION.
This Act shall not apply to administrative actions with direct
spending cost of less than--
(1) $1,000,000,000 over the 10-year period beginning with
the current year; or
(2) $100,000,000 in any given year during such 10-year
period.
SEC. 7. JUDICIAL REVIEW.
No determination, finding, action, or omission under this Act shall
be subject to judicial review.
SEC. 8. SUNSET.
This Act shall expire on December 31, 2024.
SEC. 9. GAO REPORT.
Within 180 days of the date of enactment of this Act, the
Comptroller General shall issue a report on the implementation of this
Act.
SEC. 10. CONGRESSIONAL REVIEW ACT COMPLIANCE ASSESSMENT.
Section 801(a)(2)(A) of title 5, United States Code, is amended by
inserting after ``compliance with procedural steps required by
paragraph (1)(B)'' the following: ``, and shall in addition include an
assessment of the agency's compliance with such requirements of the
Administrative Pay-As-You-Go Act of 2023 as may be applicable''.
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