118 HR 4435 IH: Unauthorized Spending Accountability Act U.S. House of Representatives 2023-06-30 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I118th CONGRESS1st SessionH. R. 4435IN THE HOUSE OF REPRESENTATIVESJune 30, 2023Mrs. Rodgers of Washington introduced the following bill; which was referred to the Committee on Oversight and Accountability, and in addition to the Committees on the Budget, and Rules, 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 concernedA BILLTo establish a budgetary level reduction schedule, and for other purposes.

1.

Short title

This Act may be cited as the Unauthorized Spending Accountability Act.

2.

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 2024, 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)

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. (3)

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 2024

For purposes of applying this Act to any unauthorized program funded during fiscal year 2024 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)(3) with respect to which authorizations of appropriations will expire during fiscal year 2024.

3.

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.

4.

Termination of unauthorized programs after third unauthorized year

(a)

In general

Any unauthorized program that causes a budgetary level reduction under section 3(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.

5.

Exemption from budgetary level reduction

(a)

In general

Consistent with subsection (b)— (1)any unauthorized program that causes a budgetary level reduction applicable to a fiscal year under section 3 that is expressly reauthorized during the fiscal year in which such level is established shall not be subject to the requirements of this Act; and (2)upon the date of such reauthorization, any such reduction shall be restored. (b)

Limitation

Subsection (a) 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.