[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1052 Introduced in Senate (IS)]
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118th CONGRESS
1st Session
S. 1052
To increase Government accountability for administrative actions by
reinvigorating administrative Pay-As-You-Go.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 29, 2023
Mr. Braun (for himself, Ms. Lummis, and Mr. Daines) 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'' includes the
issuance of a rule, demonstration, program notice, or guidance
by an agency;
(2) the term ``agency''--
(A) means--
(i) an ``Executive agency'', as defined
under section 105 of title 5, United States
Code; or
(ii) a ``military department'', as defined
under section 102 of title 5, United States
Code; and
(B) does not include the Government Accountability
Office;
(3) the term ``covered discretionary administrative
action'' means a discretionary administrative action that would
effect 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 statute; and
(B) includes an administrative action required by
statute 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 under current law 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
4(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 that meets the requirements under
the statute.
SEC. 3. FINDINGS; PURPOSES.
(a) Findings.--Congress finds the following:
(1) In May 2005, the Office of Management and Budget
implemented a budget-neutrality requirement for executive
branch administrative actions affecting direct spending.
(2) This mechanism, commonly referred to as
``Administrative Pay-As-You-Go'', requires each agency to
include 1 or more proposals for reducing direct spending
whenever an agency proposes to undertake a discretionary
administrative action that would increase direct spending.
(3) In practice, however, agencies have applied this
requirement with varying degrees of stringency, sometimes
resulting in higher direct spending.
(b) Purposes.--The purposes of this Act are to--
(1) institutionalize and reinvigorate Administrative Pay-
As-You-Go to keep direct spending under control;
(2) control Federal spending and restore the Nation's
fiscal security; and
(3) ensure that agencies consider the costs of their
administrative actions, take steps to offset those costs, and
curtail costly administrative actions.
SEC. 4. REQUIREMENTS FOR ADMINISTRATIVE ACTIONS THAT EFFECT DIRECT
SPENDING.
(a) Discretionary Administrative Actions.--
(1) In general.--Before an agency may undertake any covered
discretionary administrative action, the head of the agency
shall submit to the Director for review written notice
regarding the proposed covered discretionary administrative
action, which shall include an estimate of the budgetary
effects of the proposed covered discretionary administrative
action.
(2) Increasing direct spending.--
(A) In general.--If an agency proposes to take a
covered discretionary administrative action that 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 comparable to the increase in direct
spending attributable to the covered discretionary
administrative action.
(B) Review.--
(i) In general.--The Director shall have
the discretion to determine whether the
reduction in direct spending proposed by an
agency under subparagraph (A) is comparable to
the increase in direct spending attributable to
the covered discretionary administrative action
to which the proposal relates, taking into
account the magnitude of the reduction and the
increase and any other factors the Director
determines appropriate.
(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, the
Director shall return the proposal to the
agency for resubmission in accordance with this
Act.
(b) Nondiscretionary Actions.--If an agency determines that a
proposed administrative action that would increase direct spending is
required by statute and therefore is not a covered discretionary
administrative action, before the agency takes further action with
respect to the proposed 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; and
(2) consult with the Director regarding implementation of
the proposed 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. 5. 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 proposed covered discretionary administrative
actions that increase direct spending and non-tax receipts will be
evaluated.
SEC. 6. WAIVER.
The Director may waive the requirements of section 4 if the
Director concludes that the waiver is necessary--
(1) for the delivery of essential services;
(2) for effective program delivery; or
(3) because a waiver is otherwise warranted by the public
interest.
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