Sec. 263. REQUIREMENTS FOR ADMINISTRATIVE ACTIONS THAT AFFECT DIRECT SPENDING

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## SEC. 263 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 title. ###

(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 title shall be conducted in accordance with Office of Management and Budget Circular A-11, or any successor thereto.