,,ii #aahth ,,congress #ast ,session ,s4 #ajeb ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #bi1 #bjbc,mr4 ,braun 7for himself1 ,ms4 ,lummis1 and ,mr4 ,daines7 introduced the following bill2 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-,go4 #a4 ,short title ,this ,act may be cited as the ,administrative ,pay-,as-,you-,go ,act of #bjbc4 #b4 ,definitions ,in this ,act-- 7#a7 the term administrative action includes the issuance of a rule1 demonstration1 program notice1 or guidance by an agency2 7#b7 the term agency-- 7,a7 means-- 7i7 an ,executive agency1 as defined under section #aje of title #e1 ,united ,states ,code2 or 7ii7 a military department1 as defined under section #ajb of title #e1 ,united ,states ,code2 and 7,b7 does not include the ,government ,accountability ,office2 7#c7 the term covered discretionary administrative action means a discretionary administrative action that would effect direct spending2 7#d7 the term direct spending has the meaning given that term in section #bej7;c7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe 7#b ,u4,s4,c4 #ijj7;c772 7#e7 the term ,director means the ,director of the ,office of ,management and ,budget2 7#f7 the term discretionary administrative action-- 7,a7 means any administrative action that is not required by statute2 and 7,b7 includes an administrative action required by statute for which an agency has discretion in the manner in which to implement the administrative action2 and 7#g7 the term increase direct spending means that the amount of direct spending would increase relative to-- 7,a7 the most recently submitted projection of the amount of direct spending under current law under-- 7i7 the budget of the ,president submitted under section #aaje of title #ca1 ,united ,states ,code2 or 7ii7 the supplemental summary of the budget submitted under section #aajf1 of title #ca1 ,united ,states ,code2 7,b7 with respect to a discretionary administrative action that is incorporated into the applicable projection described in subparagraph 7,a7 and for which a proposal has not been submitted under section #d7;a77#b77;,a71 a projection of the amount of direct spending if no administrative action were taken2 or 7,c7 with respect to a discretionary administrative action described in paragraph 7#f77;,b71 a projection of the amount of direct spending under the least costly implementation option that meets the requirements under the statute4 #c4 ,findings2 ,purposes 7a7 ,findings ,congress finds the following3 7#a7 ,in ,may #bjje1 the ,office of ,management and ,budget implemented a budget-neutrality requirement for executive branch administrative actions affecting direct spending4 7#b7 ,this mechanism1 commonly referred to as ,administrative ,pay-,as-,you-,go1 requires each agency to include #a or more proposals for reducing direct spending whenever an agency proposes to undertake a discretionary administrative action that would increase direct spending4 7#c7 ,in practice1 however1 agencies have applied this requirement with varying degrees of stringency1 sometimes resulting in higher direct spending4 7b7 ,purposes ,the purposes of this ,act are to-- 7#a7 institutionalize and reinvigorate ,administrative ,pay-,as-,you-,go to keep direct spending under control2 7#b7 control ,federal spending and restore the ,nation's fiscal security2 and 7#c7 ensure that agencies consider the costs of their administrative actions1 take steps to offset those costs1 and curtail costly administrative actions4 #d4 ,requirements for administrative actions that effect direct spending 7a7 ,discretionary administrative actions 7#a7 ,in general ,before an agency may undertake any covered discretionary administrative action1 the head of the agency shall submit to the ,director for review written notice regarding the proposed covered discretionary administrative action1 which shall include an estimate of the budgetary effects of the proposed covered discretionary administrative action4 7#b7 ,increasing direct spending 7,a7 ,in general ,if an agency proposes to take a covered discretionary administrative action that would increase direct spending1 the written notice submitted by the head of the agency under paragraph 7#a7 shall include a proposal to undertake #a 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 action4 7,b7 ,review 7i7 ,in general ,the ,director shall have the discretion to determine whether the reduction in direct spending proposed by an agency under subparagraph 7,a7 is comparable to the increase in direct spending attributable to the covered discretionary administrative action to which the proposal relates1 taking into account the magnitude of the reduction and the increase and any other factors the ,director determines appropriate4 7ii7 ,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 spending1 the ,director shall return the proposal to the agency for resubmission in accordance with this ,act4 7b7 ,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 action1 before the agency takes further action with respect to the proposed administrative action1 the head of the agency shall-- 7#a7 submit to the ,director a written opinion by the general counsel of the agency1 or the equivalent employee of the agency1 explaining that legal conclusion2 and 7#b7 consult with the ,director regarding implementation of the proposed administrative action4 7c7 ,projections ,any projection for purposes of this ,act shall be conducted in accordance with ,office of ,management and ,budget ,circular ,a-#aa1 or any successor thereto4 #e4 ,issuance of administrative guidance ,not later than #ij days after the date of enactment of this ,act1 the ,director shall issue instructions regarding the implementation of this ,act1 including how proposed covered discretionary administrative actions that increase direct spending and non-tax receipts will be evaluated4 #f4 ,waiver ,the ,director may waive the requirements of section #d if the ,director concludes that the waiver is necessary-- 7#a7 for the delivery of essential services2 7#b7 for effective program delivery2 or 7#c7 because a waiver is otherwise warranted by the public interest4