[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3579 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 3579

   To require greater accountability in spending in direct spending 
                   programs, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            December 7, 2011

 Mr. Chaffetz (for himself, Mr. Ryan of Wisconsin, Mr. Hensarling, Mr. 
 Rokita, Mrs. Black, and Mr. Stutzman) introduced the following bill; 
 which was referred to the Committee on the Budget, and in addition to 
     the Committees on Rules, Education and the Workforce, and the 
 Judiciary, for a period to be subsequently determined by the Speaker, 
 in each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
   To require greater accountability in spending in direct spending 
                   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.

    This Act may be cited as the ``Review Every Dollar Act of 2011''.

                    TITLE I--FEDERAL PROGRAM SUNSET

SEC. 101. LIMITATION ON REAUTHORIZATION OF FEDERAL PROGRAMS.

    (a) Enforcement.--(1) It shall not be in order in the House of 
Representatives or the Senate to consider any bill or joint resolution, 
or amendment thereto or conference report thereon, that reauthorizes 
any Federal program for a period of more than seven fiscal years.
    (2) It shall not be in order in the House of Representatives or the 
Senate to consider any bill or joint resolution, or any amendment 
thereto or conference report thereon, that establishes any new Federal 
program with an authorization of appropriations for a period of more 
than seven fiscal years.
    (b) Committee Review of Direct Spending Programs.--Not later than 
July 31 during the second session of each Congress, each standing 
committee of the House of Representatives and the Senate with 
legislative jurisdiction over any direct spending program shall apply 
the criteria set forth in section 102 to determine whether any such 
program should be modified, terminated, or reauthorized.

SEC. 102. CRITERIA FOR REVIEW.

    Any committee of the House of Representatives or the Senate with 
jurisdiction over any program being reauthorized shall consider the 
following criteria in determining whether such program should be 
modified, terminated, or reauthorized:
            (1) The effectiveness and efficiency of the operation of 
        the program.
            (2) Whether the program is cost effective.
            (3) Whether the original objectives of the program have 
        been achieved.
            (4) Whether alternative methods exist to carry out the 
        objectives of the program in a more cost effective manner.
            (5) The extent to which the program is duplicative or 
        conflicts with other programs.
            (6) The potential benefits of consolidating this program 
        with similar or duplicative programs.
            (7) The growth in cost per beneficiary or persons served by 
        the program.
            (8) The extent to which any trends, developments, and 
        emerging conditions may affect the problems or needs that the 
        program is intended to address.
            (9) The extent it imposes mandates on State and local 
        governments.
            (10) The extent it impedes sustainable economic growth.
            (11) The extent to which the program is a constitutionally 
        authorized activity of the Government.

                  TITLE II--DEFICIT REDUCTION ACCOUNTS

SEC. 201. ESTABLISHMENT OF DISCRETIONARY DEFICIT REDUCTION ACCOUNT.

    (a) Discretionary Deficit Reduction Account.--Title III of the 
Congressional Budget Act of 1974 is amended by adding at the end the 
following new section:

               ``discretionary deficit reduction account

    ``Sec. 316.  (a) Establishment of Account.--The chairman of the 
Committee on the Budget of the House of Representatives and the 
chairman of the Committee on the Budget of the Senate shall each 
maintain an account to be known as the `deficit reduction discretionary 
account'. The Account shall be divided into entries corresponding to 
the subcommittees of the Committee on Appropriations of that House and 
each entry shall consist of the `deficit reduction balance'.
    ``(b) Components.--Each entry shall consist only of amounts 
credited to it under subsection (c).
    ``(c) Crediting of Amounts to Account.--
            ``(1) Whenever a Member of Congress offers an amendment to 
        an appropriation bill to reduce new budget authority in any 
        account or has the effect of reducing direct spending, that 
        Member may state the portion of such reduction that shall be 
        credited to--
                    ``(A) the deficit reduction balance;
                    ``(B) used to offset an increase in new budget 
                authority in any other account; or
                    ``(C) allowed to remain within the applicable 
                section 302(b) suballocation.
            ``(2) If no such statement is made, the amount of reduction 
        in new budget authority resulting from the amendment shall be 
        credited to the deficit reduction balance, as applicable, if 
        the amendment is agreed to.
            ``(3) Except as provided by paragraph (4), the chairman of 
        the Committee on the Budget of the House of Representatives or 
        Senate, as applicable, shall, upon the engrossment of any 
        appropriation bill by the House of Representatives or Senate, 
        as applicable, credit to the applicable entry balances amounts 
        of new budget authority and outlays equal to the net amounts of 
        reductions in budget authority and in outlays resulting from 
        amendments agreed to by that House to that bill.
            ``(4) When indicating the net amounts of reductions in new 
        budget authority and outlays resulting from amendments agreed 
        to by the House of Representatives or Senate, as applicable, to 
        an appropriation bill, the chairman of the Committee on the 
        Budget of that House shall only count those portions of such 
        amendments agreed to that were so designated by the Members 
        offering such amendments as amounts to be credited to the 
        deficit reduction balance.
            ``(5) The chairman of the Committee on the Budget of the 
        House of Representatives and the chairman of the Committee on 
        the Budget of the Senate shall each maintain a running tally of 
        the amendments adopted reflecting increases and decreases of 
        budget authority in the bill as reported to its House. This 
        tally shall be available to Members or Senators during 
        consideration of any bill by that House.
    ``(d) Calculation of Savings in Deficit Reduction Accounts in the 
House of Representatives and Senate.--
    ``(1) For the purposes of enforcing section 302(a), upon the 
engrossment of any appropriation bill by the House of Representatives 
or Senate, as applicable, the amount of budget authority and outlays 
calculated pursuant to subsection (c)(3) shall be counted against the 
302(a) allocation provided to the Committee on Appropriations as if the 
amount calculated pursuant to subsection (c)(3) was included in the 
bill just engrossed.
    ``(2) For purposes of enforcing section 302(b), upon the 
engrossment of any appropriation bill by the House of Representatives 
or Senate, as applicable, the 302(b) allocation provided to the 
subcommittee for the bill just engrossed shall be deemed to have been 
reduced by the amount of budget authority and outlays calculated, 
pursuant to subsection (c)(3).
    ``(e) Definition.--As used in this section, the term `appropriation 
bill' means any general or special appropriation bill, and any bill or 
joint resolution making supplemental, deficiency, or continuing 
appropriations.''.

SEC. 202. ESTABLISHMENT OF DIRECT SPENDING REDUCTION ACCOUNT.

    Title III of the Congressional Budget Act of 1974 (as amended by 
section 201) is further amended by adding at the end the following new 
section:

              ``direct spending deficit reduction account

    ``Sec. 317.  (a) Establishment of Account.--The chairman of the 
Committee on the Budget of the House of Representatives and of the 
Senate shall each maintain an account to be known as the `deficit 
reduction direct spending account'. The account shall be divided into 
entries corresponding to the House of Representatives or Senate 
committees, as applicable, that received allocations under section 
302(a) in the most recently adopted concurrent resolution on the 
budget, except that it shall not include the Committee on 
Appropriations of that House and each entry shall consist of the 
`first-year deficit reduction account' and the `five-year deficit 
reduction account' or the period covered by the resolution on the 
budget for that fiscal year, as applicable.
    ``(b) Components.--Each entry shall consist only of amounts 
credited to it under subsection (c). No entry of a negative amount 
shall be made.
    ``(c) Calculation of Account Savings in House and Senate.--For the 
purposes of enforcing section 302(a), upon the engrossment of any bill, 
other than an appropriation bill, by the House of Representatives or 
Senate, as applicable, the amount of budget authority and outlays 
calculated pursuant to subsection (d)(3) shall be counted against the 
302(a) allocation provided to the applicable committee or committees of 
that House which reported the bill as if the amount calculated pursuant 
to subsection (d)(3) was included in the bill just engrossed.
    ``(d) Crediting of Amounts to Account.--(1) Whenever a Member or 
Senator, as the case may be, offers an amendment to a bill that reduces 
the amount of budget authority for direct spending provided either 
under current law or proposed to be provided by the bill under 
consideration, that Member or Senator may state the portion of such 
reduction achieved in the first year covered by the most recently 
adopted concurrent resolution on the budget and in addition the portion 
of such reduction achieved in the first ten years covered by the most 
recently adopted concurrent resolution on the budget that shall be 
credited to the first-year deficit reduction balance and the five-year 
deficit reduction balance, as applicable, if the amendment is agreed 
to.
    ``(2) Except as provided by paragraph (3), the chairman of the 
Committee on the Budget of the House of Representatives or Senate, as 
applicable, shall, upon the engrossment of any bill, other than an 
appropriation bill, by the House of Representatives or Senate, as 
applicable, credit to the applicable entry balances amounts of new 
budget authority and outlays equal to the net amounts of reductions in 
budget authority and in outlays resulting from amendments agreed to by 
that House to that bill.
    ``(3) When computing the net amounts of reductions in budget 
authority and in outlays resulting from amendments agreed to by the 
House of Representatives or Senate, as applicable, to a bill, the 
chairman of the Committee on the Budget of that House shall only count 
those portions of such amendments agreed to that were so designated by 
the Members or Senators offering such amendments as amounts to be 
credited to the first year deficit reduction balance and the five-year 
deficit reduction balance.
    ``(4) The chairman of the Committee on the Budget of the House of 
Representatives and of the Senate shall each maintain a running tally 
of the amendments adopted reflecting increases and decreases of budget 
authority in the bill as reported to its House. This tally shall be 
available to Members or Senators during consideration of any bill by 
that House.
    ``(e) Definition.--As used in this section, the term `appropriation 
bill' means any general or special appropriation bill, and any bill or 
joint resolution making supplemental, deficiency, or continuing 
appropriations.''.

SEC. 203. CONFORMING AMENDMENT.

    The table of contents set forth in section 1(b) of the 
Congressional Budget and Impoundment Control Act of 1974 is amended by 
inserting after the item relating to section 321 the following new 
items:

``Sec. 316. Discretionary deficit reduction account.
``Sec. 317. Direct spending deficit reduction account.''.

                   TITLE III--GENERAL FUND TRANSFERS

SEC. 301. BUDGET RULE RELATING TO TRANSFERS FROM THE GENERAL FUND OF 
              THE TREASURY TO THE HIGHWAY TRUST FUND THAT INCREASE 
              PUBLIC INDEBTEDNESS.

    For purposes of the Congressional Budget Act of 1974, the Balanced 
Budget and Emergency Deficit Control Act of 1985, the Rules of the 
House of Representatives, or the Standing Rules of the Senate, a bill 
or joint resolution, or an amendment thereto or conference report 
thereon, or any Act that transfers funds from the general fund of the 
Treasury to the Highway Trust Fund shall be counted as new budget 
authority and outlays equal to the amount of the transfer in the fiscal 
year the transfer occurs.

                  TITLE IV--BUDGETING FOR PELL GRANTS

SEC. 401. BUDGETING FOR PELL GRANTS.

    (a) Sunset of Mandatory Pell Grant Add-On.--Section 401(b)(7) of 
the Higher Education Act of 1965 (20 U.S.C. 1070a(b)(7)) is amended--
            (1) in subparagraph (A)--
                    (A) in clause (iii), by striking ``for fiscal year 
                2010'' and all that follows through the semicolon, and 
                inserting ``for each of the fiscal years 2010, 2011, 
                and 2012 to provide the amount of increase of the 
                maximum Federal Pell Grant required by subparagraph 
                (B)(ii)''; and
                    (B) in clause (iv)--
                            (i) by inserting ``and'' at the end of 
                        subclause (I);
                            (ii) in subclause (II), by striking the 
                        semicolon and inserting a period; and
                            (iii) by striking subclauses (III) through 
                        (XI);
            (2) in subparagraph (B)--
                    (A) in clause (i), by inserting ``and'' after the 
                semicolon;
                    (B) in clause (ii), by striking ``; and'' and 
                inserting a period; and
                    (C) by striking clause (iii);
            (3) by striking subparagraph (C);
            (4) by redesignating subparagraphs (D) through (F) as 
        subparagraphs (C) through (E), respectively; and
            (5) in subparagraph (C) (as so redesignated), by striking 
        ``subparagraphs (B) and (C)'' and inserting ``subparagraph 
        (B)''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on the date of enactment of this Act.

SEC. 402. CONFORMING CHANGE TO MAINTAIN MAXIMUM FEDERAL PELL GRANT 
              AMOUNTS FOR ACADEMIC YEARS 2013-2017 AND SUCCEEDING 
              YEARS.

    For award years beginning with award year 2013-2014, section 401(b) 
of the Higher Education Act of 1965 (20 U.S.C. 1070a(b)), is amended--
            (1) by amending subparagraph (A) of paragraph (2) to read 
        as follows:
    ``(A) The amount of the Federal Pell Grant for a student eligible 
under this part shall be $5,550 for academic years 2013-2014 through 
2017-2018 less an amount 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 Emergency Deficit 
Control Act of 1985 is amended by adding at the end the following new 
sentence: ``Changing a program 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 AUTHORITY.

    (a) In General.--Chapter 5 of title 5, United States Code, is 
amended by inserting after section 559 the following:
``Sec. 559a. Review of rules requiring new budget authority
    ``(a) In General.--A rule made to carry out a direct spending 
program that would require new budget authority of not less than 
$100,000,000 for the fiscal year the rule takes effect or for any of 
the 9 fiscal years immediately succeeding that fiscal year may not take 
effect, except 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 
determines that the rule is such a rule--
            ``(1) the Director shall notify the agency making 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 effect and the 9 
                fiscal years immediately succeeding 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 determination as to whether the rule is a rule described in 
subsection (a). For purposes of this determination, the fiscal year the 
rule takes effect shall be deemed to be the fiscal year in which the 
Director makes the determination. If the Director 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 transition 
period, the rule shall cease to have effect.
    ``(d) Exceptions.--Notwithstanding any other provision 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 because 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 implementing 
                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 continue in effect) under this section may 
not be reissued in substantially the same form, and a new rule that is 
substantially the same as such a rule may not be issued, unless 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 authority' 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 Regulations.--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:
            ``(40) a separate statement of the cost of administrative 
        rules that are projected to take effect during the fiscal year 
        for which the budget is submitted.''.
    (c) Clerical Amendment.--The table of sections for chapter 5 of 
title 5, United States Code is amended by inserting after the item 
relating to section 559 the following new item:

``559a. Review of rules requiring new budget authority.''.
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