[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4376 Introduced in Senate (IS)]

<DOC>






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''.
                                 <all>