I

103D CONGRESS

1ST SESSION H. R. 1138

To restructure the Federal budget process.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 24, 1993

Mr. ORTON (for himself, Mr. BACCHUS of Florida, Mr. CONDIT, Mr. INGLIS

of South Carolina, Mr. MCCOLLUM, Mr. PETERSON of Minnesota, Mr.

POSHARD, Mr. SHEPHERD, Mr. STENHOLM, and Mr. ZELIFF) introduced

the following bill; which was referred jointly to the Committees on Government Operations, Rules, and Public Works and Transportation

A BILL

To restructure the Federal budget process.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Comprehensive Budget

5 Process Reform Act of 1993’’.
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1 TITLE I—BALANCED BUDGET

2 WITH ENFORCEMENT; MAN3 DATORY CONSIDERATION OF

4 PRESIDENT’S BUDGET

5 SEC. 101. SUBMISSION OF BALANCED BUDGET BY THE

6 PRESIDENT.

7 Section 1105 of title 31, United States Code, is

8 amended by inserting at the end the following new sub9 sections:

10 ‘‘(g) Any budget submitted to Congress pursuant to

11 subsection (a) for the 1996–1997 biennium shall be a

12 budget for that biennium and the ensuing biennium that

13 provides for a balanced budget for the 1998 fiscal year

14 and subsequent fiscal years. Any budget submitted to Con15 gress pursuant to subsection (a) for a fiscal year after the

16 1996–1997 biennium shall be a budget that provides for

17 a balanced budget for that fiscal year and the ensuing

18 fiscal years.’’.

19 SEC. 102. REPORTING OF BALANCED BUDGETS.

20 Section 301 of the Congressional Budget Act of 1974

21 is amended by inserting at the end the following new sub22 section:

23 ‘‘(j) REPORTING OF BALANCED BUDGETS.—Any con24 current resolution on the budget for the 1996–1997 bien25 nium as reported by the Committee on the Budget of each
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1 House, shall set forth appropriate levels for the biennium

2 beginning on October 1 of the calendar year in which it

3 is reported and for the ensuing biennium for the matters

4 described in section 301(a) that provides for a balanced

5 budget by the 1998 fiscal year and the ensuing fiscal

6 years. Any concurrent resolution on the budget for the

7 1998–1999 biennium or any ensuing biennium, as re8 ported by the Committee on the Budget of each House,

9 shall set forth appropriate levels for the biennium begin10 ning on October 1 of the calendar year in which it is re11 ported and for each of the ensuing biennium for the mat12 ters described in section 301(a) that provides for a bal13 anced budget for fiscal year 1998 and the ensuing fiscal

14 years.

15 ‘‘(k) CONSIDERATION OF BALANCED BUDGETS.—It

16 shall not be in order in the House of Representatives or

17 the Senate to consider any concurrent resolution on the

18 budget for the 1996–1997 biennium that does not provide

19 for a balanced budget by fiscal year 1998 and the ensuing

20 fiscal years. It shall not be in order in the House of Rep21 resentatives or the Senate to consider any concurrent reso22 lution on the budget for the 1998–1999 biennium or any

23 ensuing biennium that does not provide for a balanced

24 budget for fiscal year 1998 and the ensuing fiscal years.’’.
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1 SEC. 103. PROCEDURE IN THE HOUSE OF REPRESENTA2 TIVES.

3 Section 305(a) of the Congressional Budget Act of

4 1974 is amended by inserting at the end the following:

5 ‘‘(8)(A) If the Committee on Rules of the

6 House of Representatives reports any rule or order

7 providing for the consideration of any concurrent

8 resolution on the budget for a biennium, then it

9 shall also, within the same rule or order, provide

10 for—

11 ‘‘(i) the consideration of the text of any

12 concurrent resolution on the budget for that bi13 ennium reported by the Committee on the

14 Budget of the House of Representatives pursu15 ant to section 301(j); and

16 ‘‘(ii) the consideration of the text of each

17 concurrent resolution on the budget as intro18 duced by the majority leader pursuant to sub19 paragraph (B);

20 and such rule or order shall assure that a separate

21 vote occurs on each such budget.

22 ‘‘(B) The majority leader of the House of Rep23 resentatives shall introduce a concurrent resolution

24 on the budget reflecting, without substantive revi25 sion, the budget submitted by the President pursu-
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1 ant to section 1105(g) of title 31, United States

2 Code, as soon as practicable after its submission.’’.

3 SEC. 104. PROCEDURE IN THE SENATE.

4 Section 305(b) of the Congressional Budget Act of

5 1974 is amended by inserting at the end the following:

6 ‘‘(7) Notwithstanding any other rule, it shall al7 ways be in order in the Senate to consider an

8 amendment to a concurrent resolution on the budget

9 for a biennium comprising the text of any budget

10 submitted by the President for that biennium as de11 scribed in section 1105(g) of title 31, United States

12 Code.’’.

13 SEC. 105. OMB DEFICIT FORECAST.

14 (a) OMB REPORT OF ESTIMATED DEFICIT.—Not

15 later than September 1 of each calendar year, the Director

16 of the Office of Management and Budget shall submit to

17 Congress a report setting forth a current estimate of the

18 surplus or deficit in the budget for the Federal Govern19 ment for the fiscal year ending on September 30 of that

20 calendar year.

21 (b) OMB REPORT OF ACTUAL DEFICIT.—Not later

22 than October 15 of each calendar year, the Director of

23 the Office of Management and Budget shall submit to

24 Congress a report setting forth the actual surplus or defi-
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1 cit in the budget for the Federal Government for the fiscal

2 year ending on September 30 of that calendar year.

3 (c) CALCULATIONS OF DEFICITS.— Any calculation

4 made by OMB for a fiscal year to carry out this section

5 shall not include any spending decreases or revenue in6 creases made pursuant to section 106 with respect to any

7 prior fiscal year.

8 SEC. 106. REPAYMENT OF PRIOR BIENNIUM’S DEFICIT.

9 (a) RECONCILIATION LEGISLATION.—If the report

10 sent to Congress under section 105(b) for a fiscal year

11 indicates that there was a deficit in that fiscal year, then,

12 before the end of that session of Congress, Congress shall

13 either—

14 (1) eliminate that deficit through the enactment

15 of reconciliation legislation; or

16 (2) waive the requirement to eliminate that def17 icit through the enactment of legislation (which shall

18 be approved on final passage by each House of Con19 gress by a recorded vote) the sole purpose of which

20 is to waive that requirement for that biennium.

21 (b) LOOK-BACK ENFORCEMENT.—If Congress ad22 journs to end a session without complying with subsection

23 (a) for a fiscal year, then there shall be a sequestration

24 to offset the amount of the deficit for that fiscal year. The

25 amount required to be sequestered shall be obtained by
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1 reducing all accounts of the Government by a uniform per2 centage, except that no reduction of—

3 (1) payments for net interest (all of major func4 tional category 900); or

5 (2) benefits payable under the old-age, survi6 vors, and disability insurance program established

7 under title II of the Social Security Act;

8 shall be made. This sequestration shall be implemented

9 by the issuance of an order by the President. This order

10 shall be effective on issuance.

11 SEC. 107. EFFECTIVE DATE.

12 This title and the amendments made by it shall be13 come effective for the concurrent resolution on the budget

14 for the 1996–1997 biennium and shall be fully reflected

15 in the budget for the 1996–1997 biennium required to be

16 submitted by the President in 1995 as required by section

17 1105(a) of title 31, United States Code.

18 TITLE II—BIENNIAL BUDGET

19 SEC. 201. FINDINGS AND PURPOSE.

20 (a) FINDINGS.—The Congress finds and declares

21 that the present annual Federal budgeting process—

22 (1) allows insufficient time for the fulfillment

23 by the Congress of its legislative and oversight

24 responsibilities;
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1 (2) allows insufficient time for the review and

2 consideration by the Congress of authorizing legisla3 tion, budget resolutions, and appropriation bills and

4 resolutions and other spending measures;

5 (3) allows insufficient time for the evaluation of

6 costly and complicated Federal programs, and there7 by contributes to the unrestrained growth of the

8 Federal budget; and

9 (4) allows insufficient time for agencies and

10 State and local governments to plan for the imple11 mentation of programs.

12 (b) PURPOSE.—It is the purpose of this title—

13 (1) to establish a process through which the

14 Federal budget will be adopted for a two-year

15 period;

16 (2) to improve congressional control over the

17 Federal budget process;

18 (3) to streamline the requirements of the budg19 et process in order to promote better accountability

20 to the public;

21 (4) to improve the legislative and budgetary

22 processes by providing additional time for congres23 sional oversight and other vital legislative activities;

24 (5) to provide stability and coherence for recipi25 ents of Federal funds; and
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1 (6) to implement other improvements in the

2 Federal budget process.

3 SEC. 202. REVISION OF TIMETABLE.

4 Section 300 of the Congressional Budget Act of 1974

5 (2 U.S.C. 631) is amended to read as follows:

6 ‘‘TIMETABLE

7 ‘‘SEC. 300. The timetable with respect to the Con8 gressional budget process for any Congress (beginning

9 with the One Hundred Third Congress) is as follows:

‘‘First Session

‘‘On or before: Action to be completed:

First Monday in February ........................... President submits budget recommendations.

February 15 .................... Congressional Budget Office submits report

to Budget Committees.

February 25 .................... Committees submit views and estimates to

Budget Committees.

March 31 ........................ Senate Budget Committee reports concurrent

resolution on the biennial budget.

April 15 .......................... Congress completes action on concurrent resolution on the biennial budget.

May 15 ............................ Biennial appropriation bills may be considered

in the House.

June 10 ........................... House Appropriations Committee reports last

biennial appropriation bill.

September 1 .................... OMB submits report setting forth estimate of

surplus/deficit for current fiscal year.

September 30 .................. Congress completes action on reconciliation

legislation.

September 30 .................. Congress completes action on biennial appropriation bills.

October 1 ........................ Biennium begins.

October 15 ...................... OMB submits report setting forth actual surplus/deficit for fiscal year ending September 30.

‘‘Second Session

‘‘On or before: Action to be completed:

May 15 ............................ Congressional Budget Office submits report

to Budget Committees.

September 1 .................... OMB submits report setting forth estimate of

surplus/deficit for current fiscal year.
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‘‘Second Session—Continued

October 15 ...................... OMB submits report setting forth actual surplus/deficit for fiscal year ending September 30.

The last day of the session .............................. Congress completes action on bills and resolutions authorizing new budget authority for

the succeeding biennium.’’.

1 SEC. 203. AMENDMENTS TO THE CONGRESSIONAL BUDGET

2 AND IMPOUNDMENT CONTROL ACT OF 1974.

3 (a) AMENDMENT OF THE CONGRESSIONAL BUDGET

4 ACT OF 1974.—Whenever in this section an amendment

5 or repeal is expressed in terms of an amendment to, or

6 repeal of, a section or other provision, the references shall

7 be to a section or other provision of the Congressional

8 Budget Act of 1974.

9 (b) DECLARATION OF PURPOSE.—Section 2(2) (2

10 U.S.C. 621(2)) is amended by striking ‘‘each year’’ and

11 inserting ‘‘biennially’’.

12 (c) DEFINITIONS.—

13 (1) Section 3(4) (2 U.S.C. 622(4)) is amended

14 by striking ‘‘fiscal year’’ each place it appears and

15 inserting ‘‘biennium’’.

16 (2) Section 3 (2 U.S.C. 622) is further amend17 ed by adding at the end thereof the following new

18 paragraph:

19 ‘‘(11) The term ‘biennium’ means the period of

20 2 consecutive fiscal years beginning on October 1 of

21 any odd-numbered year.’’.
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1 (d) DUTIES OF CBO.—

2 (1) Section 202(f)(1) (2 U.S.C. 602(f)(1)) is

3 amended—

4 (A) by striking ‘‘February 15 of each

5 year’’ and inserting ‘‘February 15 of each odd6 numbered calendar year’’;

7 (B) by striking ‘‘the fiscal year commenc8 ing’’ and inserting ‘‘each fiscal year in the bien9 nium commencing’’;

10 (C) by striking ‘‘such fiscal year’’ the first

11 place it appears and inserting ‘‘such biennium’’;

12 and

13 (D) by striking ‘‘such fiscal year’’ the sec14 ond place it appears and ‘‘each fiscal year in

15 such biennium’’.

16 (2) Section 202(f) (2 U.S.C. 602(f)) is further

17 amended—

18 (A) in paragraph (2) by striking ‘‘The Di19 rector shall from time to time’’ and inserting

20 ‘‘On May 15 of each even numbered year and

21 at such other times as he or she deems

22 appropriate, the Director shall’’.

23 (B) in paragraph (3)—

24 (i) by striking ‘‘January 15’’ and in25 serting ‘‘February 15’’,
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1 (ii) by striking ‘‘each year’’ and in2 serting ‘‘each even-numbered calendar

3 year’’,

4 (iii) by striking ‘‘the fiscal year end5 ing September 30 of that calendar year’’ in

6 clause (A) and inserting ‘‘either fiscal year

7 in the biennium beginning October 1 of the

8 preceding calendar year’’,

9 (iv) by striking ‘‘the fiscal year ending

10 September 30 of that calendar year’’ in

11 clause (B) and inserting ‘‘either fiscal year

12 of such biennium’’, and

13 (v) by striking ‘‘fiscal year beginning

14 October 1 of that calendar year’’ and in15 serting ‘‘succeeding biennium’’.

16 (e) BIENNIAL CONCURRENT RESOLUTION ON THE

17 BUDGET.—

18 (1) Section 301(a) (2 U.S.C. 632(a)) is amend19 ed—

20 (A) by striking ‘‘April 15 of each year’’

21 and inserting ‘‘April 15 of each odd-numbered

22 year’’;

23 (B) by striking ‘‘the fiscal year beginning

24 on October 1 of such year’’ the first place it ap-
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1 pears and inserting ‘‘the biennium beginning on

2 October 1 of such year’’;

3 (C) by striking ‘‘the fiscal year beginning

4 on October 1 of such year’’ the second place it

5 appears and inserting ‘‘each fiscal year in such

6 period’’; and

7 (D) by striking ‘‘each of the two ensuing

8 fiscal years’’ and inserting ‘‘each fiscal year in

9 the succeeding biennium’’.

10 (2) Section 301(b) (2 U.S.C. 632(b)) is amend11 ed—

12 (A) in the matter preceding paragraph (1)

13 by inserting ‘‘for a biennium’’ after ‘‘concurrent

14 resolution on the budget’’; and

15 (B) in paragraph (3) by striking ‘‘for such

16 fiscal year’’ and inserting ‘‘for either fiscal year

17 in such biennium’’.

18 (3) Section 301(d) (2 U.S.C. 632(d)) is amend19 ed by striking ‘‘Within 6 weeks after the President

20 submits a budget under section 1105(a) of title 31,

21 United States Code’’ and inserting ‘‘On or before

22 February 25 of each odd-numbered year’’.

23 (4) Section 301(e) (2 U.S.C. 632(e)) is amend24 ed—
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1 (A) in the first sentence by striking ‘‘fiscal

2 year’’ and inserting ‘‘biennium’’;

3 (B) by inserting between the second and

4 third sentences the following new sentence: ‘‘On

5 or before March 31 of each odd-numbered year

6 the Committee on the Budget of each House

7 shall report to its House the concurrent resolu8 tion on the budget referred to in subsection (a)

9 for the biennium beginning on October 1 of

10 that year.’’; and

11 (C) in paragraph (6)—

12 (i) by striking ‘‘five’’ and inserting

13 ‘‘four’’,

14 (ii) by striking ‘‘such fiscal year’’ and

15 inserting ‘‘the first fiscal year of such bien16 nium,’’, and

17 (iii) by striking ‘‘such period’’ and in18 serting ‘‘such four-fiscal-year period’’.

19 (5) Section 301(f) (2 U.S.C. 632(f)) is amend20 ed by striking ‘‘fiscal year’’ each place it appears

21 and inserting ‘‘biennium’’.

22 (6) The section heading of section 301 is

23 amended by striking ‘‘annual’’ and inserting ‘‘bien24 nial’’.
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1 (7) The table of contents set forth in section

2 1(b) is amended by striking ‘‘Annual’’ in the item

3 relating to section 301 and inserting ‘‘Biennial’’.

4 (f) COMMITTEE ALLOCATIONS.—

5 (1) Paragraphs (1) and (2) of section 302(a) (2

6 U.S.C. 633(a)) are amended—

7 (A) by inserting ‘‘for a biennium’’ after

8 ‘‘budget’’ the first place it appears in each such

9 paragraph; and

10 (B) by inserting ‘‘for each fiscal year in

11 such biennium’’ after ‘‘estimated allocation’’

12 each place it appears.

13 (2) Section 302(c) (2 U.S.C. 633(c)) is amend14 ed—

15 (A) by striking ‘‘for a fiscal year’’ each

16 place it appears and inserting ‘‘for either fiscal

17 year in a biennium’’; and

18 (B) by striking ‘‘for such fiscal year’’ each

19 place it appears and inserting ‘‘for such bien20 nium’’.

21 (3) Section 302(f)(1) (2 U.S.C. 633(f)(1)) is

22 amended—

23 (A) by striking ‘‘for a fiscal year’’ and in24 serting ‘‘for a biennium’’, and
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1 (B) by striking ‘‘such fiscal year’’ each

2 place it appears in the matter preceding sub3 paragraph (A) and inserting ‘‘a fiscal year in

4 such biennium’’.

5 (4) Section 302(f)(2) is amended—

6 (A) by striking ‘‘for a fiscal year’’ and in7 serting ‘‘for a biennium’’,

8 (B) by striking ‘‘for such fiscal year’’ and

9 inserting ‘‘for a biennium’’, and

10 (C) by striking ‘‘4 succeeding’’ and insert11 ing ‘‘3 succeeding’’.

12 (g) SECTION 303 POINT OF ORDER.—

13 (1) Section 303(a) (2 U.S.C. 634(a)) is amend14 ed by striking ‘‘fiscal year’’ each place it appears

15 and inserting ‘‘biennium’’.

16 (2) Section 303(b) (2 U.S.C. 634(b)) is amend17 ed—

18 (A) in subparagraphs (A) and (B) of para19 graph (1) and paragraph (2) by striking ‘‘the

20 fiscal year’’ each place it appears and inserting

21 ‘‘biennium’’; and

22 (B) in paragraph (1) by striking ‘‘any cal23 endar year’’ and inserting ‘‘any odd-numbered

24 calendar year’’.
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1 (h) PERMISSIBLE REVISIONS OF CONCURRENT RES2 OLUTIONS ON THE BUDGET.—Section 304 (2 U.S.C. 635)

3 is amended—

4 (1) by striking ‘‘fiscal year’’ the first two places

5 it appears and inserting ‘‘biennium’’;

6 (2) by striking ‘‘for such fiscal year’’; and

7 (3) by inserting before the period ‘‘for such

8 biennium’’.

9 (i) PROCEDURES FOR CONSIDERATION OF BUDGET

10 RESOLUTIONS.—Section 305(b)(3) (2 U.S.C. 636(b)(3))

11 is amended—

12 (1) by striking ‘‘the concurrent’’ and inserting

13 ‘‘a concurrent’’; and

14 (2) by striking ‘‘fiscal year’’ and inserting

15 ‘‘biennium’’.

16 (j) REPORTS AND SUMMARIES OF CONGRESSIONAL

17 BUDGET ACTIONS.—

18 (1)(A) Section 308(a)(1) (2 U.S.C. 639(a)(1))

19 is amended—

20 (i) in the matter preceding subparagraph

21 (A) by striking ‘‘fiscal year (or fiscal years)’’

22 and inserting ‘‘biennium’’,

23 (ii) in subparagraph (A) by striking ‘‘fiscal

24 year (or fiscal years)’’ and inserting ‘‘bien25 nium’’, and
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1 (iii) in subparagraph (C) by striking ‘‘such

2 fiscal year (or fiscal years)’’ and inserting

3 ‘‘such biennium’’.

4 (B) Section 308(a)(2) is amended by striking

5 ‘‘fiscal year (or fiscal years)’’ and inserting ‘‘bien6 nium’’.

7 (2) Section 308(b)(1) (2 U.S.C. 639(b)(1)) is

8 amended—

9 (A) by striking ‘‘each fiscal year covered

10 by a concurrent resolution on the budget’’ the

11 first place it appears and inserting ‘‘a bien12 nium’’;

13 (B) by inserting ‘‘for such biennium’’ after

14 ‘‘concurrent resolution on the budget’’; and

15 (C) by striking ‘‘the fiscal year preceding

16 the first fiscal year covered by the appropriate

17 concurrent resolution’’ and inserting ‘‘each fis18 cal year in the biennium preceding such bien19 nium’’.

20 (3) Section 308(c) (2 U.S.C. 639(c)) is amend21 ed—

22 (A) by striking ‘‘Five’’ in the subsection

23 heading and inserting ‘‘Four’’;
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1 (B) by striking ‘‘fiscal year’’ each place it

2 appears in the matter preceding paragraph (1)

3 and inserting ‘‘biennium’’; and

4 (C) by striking ‘‘5 fiscal years’’ and insert5 ing ‘‘4 fiscal years’’.

6 (k) COMPLETION OF ACTION ON REGULAR APPRO7 PRIATION BILLS.—Section 309 (2 U.S.C. 640) is amend8 ed—

9 (1) by inserting ‘‘of any odd-numbered calendar

10 year’’ after ‘‘July’’;

11 (2) by striking ‘‘annual’’ and inserting ‘‘regu12 lar’’; and

13 (3) by striking ‘‘fiscal year’’ and inserting

14 ‘‘biennium’’.

15 (l) RECONCILIATION PROCESS.—

16 (1) Section 310(a) (2 U.S.C. 641(a)) is amend17 ed—

18 (A) by striking ‘‘any fiscal year’’ in the

19 matter preceding paragraph (1) and inserting

20 ‘‘any biennium’’;

21 (B) in paragraph (1) by striking ‘‘such fis22 cal year’’ each place it appears and inserting

23 ‘‘each fiscal year in such biennium’’; and

24 (C) in paragraph (2) by inserting ‘‘for each

25 fiscal year in such biennium’’ after ‘‘revenues’’.
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1 (2) Section 310(e) (2 U.S.C. 641(e)) is amend2 ed—

3 (A) by striking ‘‘20 hours’’ in paragraph

4 (2) and inserting ‘‘100 hours’’; and

5 (B) by adding at the end thereof the fol6 lowing new paragraph:

7 ‘‘(3) It shall not be in order in the Senate or

8 the House of Representatives to consider any rec9 onciliation bill or resolution or any amendment

10 thereto or any conference report thereon which

11 changes any provision of law other than provisions

12 of law which—

13 ‘‘(A) provide new budget authority or

14 spending authority described in section

15 401(c)(2);

16 ‘‘(B) relate to revenues; or

17 ‘‘(C) specify the amount of the statutory

18 limit on the public debt.’’.

19 (3) Section 310(f) (2 U.S.C. 641(f)) is amend20 ed—

21 (A) by inserting ‘‘of any odd-numbered cal22 endar year’’ after ‘‘July’’,

23 (B) by striking ‘‘fiscal year beginning on

24 October 1 of the calendar year to which the ad25 journment resolution pertains’’ and inserting
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1 ‘‘biennium beginning on October 1 of such cal2 endar year’’, and

3 (C) by striking ‘‘for such fiscal year’’ and

4 inserting ‘‘for such biennium’’.

5 (m) SECTION 311 POINT OF ORDER.—

6 (1) Section 311(a)(1) (2 U.S.C. 642(a)) is

7 amended—

8 (A) by striking ‘‘for a fiscal year’’ and in9 serting ‘‘for a biennium’’;

10 (B) by striking ‘‘such fiscal year’’ the first,

11 second, and third places it appears and insert12 ing ‘‘a fiscal year in such biennium’’;

13 (C) by inserting ‘‘for such fiscal year’’

14 after ‘‘outlays’’;

15 (D) by striking ‘‘concurrent resolution on

16 the budget for such fiscal year’’ and inserting

17 ‘‘concurrent resolution on the budget for the bi18 ennium in which such fiscal year occurs’’;

19 (E) by inserting ‘‘for such fiscal year’’

20 after ‘‘revenues’’ the first place it appears; and

21 (F) by inserting ‘‘for such fiscal year’’

22 after ‘‘set forth’’ the second place it appears.

23 (2) Section 311(b) (2 U.S.C. 642(b)) is amend24 ed—
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1 (A) by striking ‘‘such fiscal year’’ the first

2 place it appears and inserting ‘‘a biennium’’;

3 and

4 (B) by striking ‘‘such fiscal year’’ the sec5 ond place it appears and inserting ‘‘either fiscal

6 year in such biennium’’.

7 (n) BILLS PROVIDING NEW SPENDING AUTHOR8 ITY.—Section 401(b)(2) (2 U.S.C. 651(b)(2)) is amended

9 by striking ‘‘for such fiscal year’’ the second place it ap10 pears and inserting ‘‘for the biennium in which such fiscal

11 year occurs’’.

12 (o) ANALYSIS BY CBO.—Section 403(a) (2 U.S.C.

13 653(a)) is amended—

14 (1) by striking ‘‘the fiscal year’’ in paragraph

15 (1) and inserting ‘‘each fiscal year in the biennium’’;

16 (2) by striking ‘‘each of the 4 fiscal years fol17 lowing such year’’ in paragraph (1) and inserting

18 ‘‘each fiscal year in the succeeding biennium’’;

19 (3) by striking ‘‘the fiscal year’’ in paragraph

20 (2) and inserting ‘‘each fiscal year in the biennium’’;

21 and

22 (4) by striking ‘‘each of the four fiscal years

23 following such fiscal year’’ in paragraph (2) and

24 inserting ‘‘each fiscal year in the succeeding

25 biennium’’.
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1 SEC. 204. AMENDMENTS TO TITLE 31, UNITED STATES

2 CODE.

3 (a) DEFINITION.—Section 1101 of title 31, United

4 States Code, is amended by adding at the end thereof the

5 following new paragraph:

6 ‘‘(3) ‘biennium’ has the meaning given to such

7 term in paragraph (11) of section 3 of the Congres8 sional Budget and Impoundment Control Act of

9 1974 (2 U.S.C. 622(11))’’.

10 (b) BUDGET CONTENTS AND SUBMISSION TO THE

11 CONGRESS.—

12 (1) So much of section 1105(a) of title 31,

13 United States Code, as precedes paragraph (1)

14 thereof is amended to read as follows:

15 ‘‘(a) On or before the first Monday in February of

16 each odd-numbered year, beginning with the One-Hun17 dred-and-Fourth Congress, the President shall transmit to

18 the Congress, the budget for the biennium beginning on

19 October 1 of such calendar year. The budget transmitted

20 under this subsection shall include a budget message and

21 summary and supporting information. The President shall

22 include in each budget the following:’’.

23 (2) Section 1105(a)(5) of title 31, United

24 States Code, is amended by striking ‘‘the fiscal year

25 for which the budget is submitted and the 4 fiscal

26 years after that year’’ and inserting ‘‘each fiscal
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1 year in the biennium for which the budget is submit2 ted and in the succeeding biennium’’.

3 (3) Section 1105(a)(6) of title 31, United

4 States Code, is amended by striking ‘‘the fiscal year

5 for which the budget is submitted and the 4 fiscal

6 years after that year’’ and inserting ‘‘each fiscal

7 year in the biennium for which the budget is submit8 ted and in the succeeding biennium’’.

9 (4) Section 1105(a)(9)(C) of title 31, United

10 States Code, is amended by striking ‘‘the fiscal

11 year’’ and inserting ‘‘each fiscal year in the

12 biennium’’.

13 (5) Section 1105(a)(12) of title 31, United

14 States Code, is amended—

15 (A) by striking ‘‘the fiscal year’’ in sub16 paragraph (A) and inserting ‘‘each fiscal year

17 in the biennium’’; and

18 (B) by striking ‘‘4 fiscal years after that

19 year’’ in subparagraph (B) and inserting ‘‘2 fis20 cal years immediately following the second fiscal

21 year in such biennium’’.

22 (6) Section 1105(a)(13) of title 31, United

23 States Code, is amended by striking ‘‘the fiscal

24 year’’ and inserting ‘‘each fiscal year in the

25 biennium’’.
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1 (7) Section 1105(a)(14) of title 31, United

2 States Code, is amended by striking ‘‘that year’’ and

3 inserting ‘‘each fiscal year in the biennium for which

4 the budget is submitted’’.

5 (8) Section 1105(a)(16) of title 31, United

6 States Code, is amended by striking ‘‘the fiscal

7 year’’ and inserting ‘‘each fiscal year in the bien8 nium’’.

9 (9) Section 1105(a)(17) of title 31, United

10 States Code, is amended—

11 (A) by striking ‘‘the fiscal year following

12 the fiscal year’’ and inserting ‘‘each fiscal year

13 in the biennium following the biennium’’;

14 (B) by striking ‘‘that following fiscal year’’

15 and inserting ‘‘each such fiscal year’’; and

16 (C) by striking ‘‘fiscal year before the fis17 cal year’’ and inserting ‘‘biennium before the

18 biennium’’.

19 (10) Section 1105(a)(18) of title 31, United

20 States Code, is amended—

21 (A) by striking ‘‘the prior fiscal year’’ and

22 inserting ‘‘each of the 2 most recently com23 pleted fiscal years’’;

24 (B) by striking ‘‘for that year’’ and insert25 ing ‘‘with respect to that fiscal year’’; and
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1 (C) by striking ‘‘in that year’’ and insert2 ing ‘‘in that fiscal year’’.

3 (11) Section 1105(a)(19) of title 31, United

4 States Code, is amended—

5 (A) by striking ‘‘the prior fiscal year’’ and

6 inserting ‘‘each of the 2 most recently com7 pleted fiscal years’’;

8 (B) by striking ‘‘for that year’’ and insert9 ing ‘‘with respect to that fiscal year’’; and

10 (C) by striking ‘‘in that year’’ each place

11 it appears and inserting ‘‘in that fiscal year’’.

12 (c) ESTIMATED EXPENDITURES OF LEGISLATIVE

13 AND JUDICIAL BRANCHES.—Section 1105(b) of title 31,

14 United States Code, is amended by striking ‘‘each year’’

15 and inserting ‘‘each even-numbered year’’.

16 (d) RECOMMENDATIONS TO MEET ESTIMATED DEFI17 CIENCIES.—Section 1105(c) of title 31, United States

18 Code, is amended—

19 (1) by striking ‘‘fiscal year for’’ each place it

20 appears and inserting ‘‘biennium for’’;

21 (2) by inserting ‘‘or current biennium, as the

22 case may be,’’ after ‘‘current fiscal year’’; and

23 (3) by striking ‘‘that year’’ and inserting ‘‘that

24 period’’.
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1 (e) STATEMENT WITH RESPECT TO CERTAIN

2 CHANGES.—Section 1105(d) of title 31, United States

3 Code, is amended by striking ‘‘fiscal year’’ and inserting

4 ‘‘biennium’’.

5 (f) CAPITAL INVESTMENT ANALYSIS.—Section

6 1105(e) of title 31, United States Code, is amended by

7 striking ‘‘ensuing fiscal year’’ and inserting ‘‘biennium to

8 which such budget relates’’.

9 (g) SUPPLEMENTAL BUDGET ESTIMATES AND

10 CHANGES.—

11 (1) Section 1106(a) of title 31, United States

12 Code, is amended—

13 (A) in the matter preceding paragraph (1)

14 by striking ‘‘fiscal year’’ and inserting ‘‘bien15 nium’’;

16 (B) in paragraph (1) by striking ‘‘that fis17 cal year’’ and inserting ‘‘each fiscal year in

18 such biennium’’;

19 (C) in paragraph (2) by striking ‘‘4 fiscal

20 years following the fiscal year’’ and inserting ‘‘2

21 fiscal years following the biennium’’;

22 (D) by striking ‘‘future fiscal years’’ in

23 paragraph (3) and inserting ‘‘the 2 fiscal years

24 following the biennium for which the budget is

25 submitted’’; and
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1 (E) by striking ‘‘fiscal year’’ in paragraph

2 (3) and inserting ‘‘biennium’’.

3 (2) Section 1106(b) of title 31, United States

4 Code, is amended by striking ‘‘the fiscal year’’ and

5 inserting ‘‘each fiscal year in the biennium’’.

6 (h) YEAR-AHEAD REQUESTS FOR AUTHORIZING

7 LEGISLATION.—Section 1110 of title 31, United States

8 Code, is amended—

9 (1) by striking ‘‘fiscal year’’ and inserting ‘‘bi10 ennium (beginning on or after October 1, 1993)’’,

11 and

12 (2) by striking ‘‘year before the year in which

13 the fiscal year begins’’ and inserting ‘‘second cal14 endar year preceding the calendar year in which the

15 biennium begins’’.

16 (i) BUDGET INFORMATION ON CONSULTING SERV17 ICES.—Section 1114 of title 31, United States Code, is

18 amended—

19 (1) by striking ‘‘The’’ each place it appears and

20 inserting ‘‘For each biennium beginning with the bi21 ennium beginning on October 1, 1995, the’’; and

22 (2) by striking ‘‘each year’’ each place it

23 appears.
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1 SEC. 205. TITLE AND STYLE OF APPROPRIATIONS ACTS.

2 Section 105 of title 1, United States Code, is amend3 ed to read as follows:

4 ‘‘§ 105. Title and style of appropriations Acts

5 ‘‘(a) The style and title of all Acts making appropria6 tions for the support of the Government shall be as fol7 lows: ‘An Act making appropriations (here insert the ob8 ject) for the biennium ending September 30 (here insert

9 the odd-numbered calendar year).’.

10 ‘‘(b) All Acts making regular appropriations for the

11 support of the Government shall be enacted for a biennium

12 and shall specify the amount of appropriations provided

13 for each fiscal year in such period.

14 ‘‘(c) For purposes of this section, the term ‘biennium’

15 has the same meaning as in section 3(11) of the Congres16 sional Budget and Impoundment Control Act of 1974 (2

17 U.S.C. 622(11)).’’.

18 SEC. 206. ASSISTANCE BY FEDERAL AGENCIES TO STAND19 ING COMMITTEES OF THE SENATE AND THE

20 HOUSE OF REPRESENTATIVES.

21 (a) INFORMATION REGARDING AGENCY APPROPRIA22 TIONS REQUESTS.—To assist each standing committee of

23 the Senate and the House of Representatives in carrying

24 out its responsibilities, the head of each Federal agency

25 which administers the laws or parts of laws under the ju26 risdiction of such committee shall provide to such commit-
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1 tee such studies, information, analyses, reports, and as2 sistance as may be requested by the chairman and ranking

3 minority member of the committee.

4 (b) INFORMATION REGARDING AGENCY PROGRAM

5 ADMINISTRATION.—

6 (1) FURNISHING INFORMATION.—To assist

7 each standing committee of the Senate and the

8 House of Representatives in carrying out its respon9 sibilities, the head of any agency shall furnish with10 out charge to such committee computer tapes or

11 disks, together with explanatory documentation, con12 taining information received, compiled, or main13 tained by the agency as part of the operation or ad14 ministration of a program, or specifically compiled

15 pursuant to a request in support of a review of a

16 program, as may be requested by the chairman and

17 ranking minority member of such committee.

18 (2) MINIMIZING REQUESTS.—The Committee

19 on House Administration of the House of Represent20 atives and the Committee on Rules and Administra21 tion of the Senate shall prescribe rules and regula22 tions for their respective Houses which will minimize

23 duplication of requests under paragraph (1) of this

24 subsection.
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1 (c) SUMMARIES BY COMPTROLLER GENERAL.—With2 in 30 days after the receipt of a request from a chairman

3 and ranking minority member of a standing committee

4 having jurisdiction over a program being reviewed and

5 studied by such committee under this section, the Comp6 troller General of the United States shall furnish to such

7 committee summaries of any audits or reviews of such pro8 gram which the Comptroller General has completed during

9 the preceding 6 years.

10 (d) CONGRESSIONAL ASSISTANCE.—Consistent with

11 their duties and functions under law, the Comptroller Gen12 eral of the United States, the Director of the Congres13 sional Budget Office, the Director of the Office of Tech14 nology Assessment, and the Director of the Congressional

15 Research Service shall furnish to each standing committee

16 of the Senate or the House of Representatives such infor17 mation, studies, analyses, and reports as the chairman and

18 ranking minority member may request to assist the com19 mittee in conducting reviews and studies of programs

20 under this section.

21 (e) SECRET AND CLASSIFIED INFORMATION PRO22 TECTED.—This section does not require the public disclo23 sure of matters that are specifically authorized under cri24 teria established by an Executive order to be kept secret

25 in the interest of national defense or foreign policy and
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1 are in fact properly classified pursuant to such Executive

2 order, or which are otherwise specifically protected by law.

3 This section does not require any committee of the Senate

4 to disclose publicly information the disclosure of which is

5 governed by Senate Resolution 400, Ninety-fourth Con6 gress, or any other rule of the Senate.

7 SEC. 207. AMENDMENTS TO RULES OF HOUSE OF REP8 RESENTATIVES.

9 The Rules of the House of Representatives are

10 amended as follows:

11 (1) Clause 4(a)(1)(A) of rule X is amended by

12 inserting ‘‘odd-numbered’’ after ‘‘each’’.

13 (2) Clause 4(a)(2) of rule X is amended by

14 striking ‘‘such fiscal year’’ and inserting ‘‘the bien15 nium in which such fiscal year begins’’.

16 (3) Clause 4(b)(2) of rule X is amended by

17 striking ‘‘first concurrent resolution on the budget

18 for each fiscal year’’ and inserting ‘‘concurrent reso19 lution on the budget required under section 301(a)

20 of the Congressional Budget Act of 1974 for each

21 biennium’’.

22 (4) Clause 4(f) of rule X is amended by striking

23 ‘‘annually’’ each place it appears and inserting ‘‘bi24 ennially’’.

25 (5) Clause 4(g) of rule X is amended—
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1 (A) by striking ‘‘March 15 of each year’’

2 and inserting ‘‘March 15 of each odd-numbered

3 year’’;

4 (B) by striking ‘‘fiscal year’’ the first place

5 it appears and inserting ‘‘biennium’’; and

6 (C) by striking ‘‘that fiscal year’’ and in7 serting ‘‘each fiscal year in such ensuing

8 biennium’’.

9 (6) Clause 4(h) of rule X is amended by strik10 ing ‘‘fiscal year’’ and inserting ‘‘biennium’’.

11 (7) Subdivision (C) of clause 2(l)(1) of rule XI

12 is repealed.

13 (8) Clause 4(a) of rule XI is amended by strik14 ing ‘‘fiscal year if reported after September 15 pre15 ceding the beginning of such fiscal year’’ and insert16 ing ‘‘biennium if reported after August 1 of the year

17 in which such biennium begins’’.

18 (9) Clause 2 of rule XLIX is amended by strik19 ing ‘‘fiscal year’’ and inserting ‘‘biennium’’.

20 SEC. 208. EFFECTIVE DATE; APPLICATION.

21 (a) IN GENERAL.—Except as provided in subsection

22 (b), this title and the amendments made by it shall become

23 effective January 1, 1995, and shall apply to bienniums

24 beginning after September 30, 1995.
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1 (b) FISCAL YEAR 1995.—Notwithstanding subsection

2 (a), the provisions of—

3 (1) the Congressional Budget Act of 1974, and

4 (2) title 31, United States Code,

5 (as such provisions were in effect on the day before the

6 effective date of this Act) shall apply to the fiscal year

7 beginning on October 1, 1994.

8 (c) DEFINITION.—For purposes of this section, the

9 term ‘‘biennium’’ shall have the meaning given to such

10 term in section 3(11) of the Congressional Budget and

11 Impoundment Control Act of 1974 (2 U.S.C. 622(11)),

12 as added by section 202(b)(2) of this Act.

13 TITLE III—UNIFIED OPERATING

14 AND CAPITAL BUDGET

15 SEC. 301. STATEMENT OF FINDING AND PURPOSE.

16 (a) STATEMENT OF FINDING.—The Congress finds

17 that the existing budget obscures the distinctions between

18 capital activities and operating activities, and between

19 Federal funds and trust funds so as to hinder identifying

20 the resources needed to meet the Government’s needs.

21 (b) PURPOSE.—It is the purpose of this title that the

22 unified budget present a capital budget and an operating

23 budget, and distinguish between Federal funds and trust

24 funds, in order to provide better and more relevant infor-
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1 mation on the revenues, expenses, and financing require2 ments of Government programs and activities.

3 SEC. 302. CAPITAL AND OPERATING BUDGETS.

4 Title 31, United States Code, is amended by inserting

5 after section 1105 the following new section:

6 ‘‘§ 1105a. Capital and operating budgets

7 ‘‘(a)(1) The budget of the United States submitted

8 by the President under section 1105 of this title shall be

9 a unified budget composed of an operating budget and a

10 capital budget.

11 ‘‘(2) Operating and capital budgets shall be presented

12 separately for total funds, Federal funds, and trust funds.

13 ‘‘(b)(1) Actual, estimated, and proposed amounts

14 shall be presented for total funds, Federal funds, and trust

15 funds and, at a minimum, shall contain—

16 ‘‘(A) for the operating budget the following: (i)

17 operating revenues, (ii) operating expenses, (iii) op18 erating surplus/deficit before interfund transfers,

19 (iv) interfund transfers, and (v) operating surplus/

20 deficit;

21 ‘‘(B) for the capital budget the following: (i)

22 capital revenues, (ii) capital investments, (iii) net

23 capital investments, (iv) interfund transfers, and (v)

24 capital financing requirements;

25 ‘‘(C) items not affecting funds; and
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1 ‘‘(D) unified budget financing requirements.

2 ‘‘(2) The capital budget shall represent only the

3 major activities, projects, and programs which support the

4 acquisition, construction, alteration, and rehabilitation of

5 capital assets. All other activities, projects, and programs

6 shall be represented in the operating budget.

7 ‘‘(c) In addition to the unified budget submitted by

8 the President as required by subsections (a) and (b) of

9 this section, the President shall present information in the

10 form required by subsection (b)(1) for accounts, agencies,

11 and functions, to the extent applicable.

12 ‘‘(d) In this section—

13 ‘‘(1) ‘unified budget’ means a budget in which

14 revenues and expenses for Federal funds and trust

15 funds are consolidated to display totals for the Fed16 eral Government as a whole;

17 ‘‘(2) ‘trust funds’ means—

18 ‘‘(A) the Federal Old-Age and Survivors

19 Insurance Trust Fund,

20 ‘‘(B) the Federal Hospital Insurance Trust

21 Fund,

22 ‘‘(C) the Civil Service Retirement and Dis23 ability Fund,

24 ‘‘(D) the Military Retirement Fund,
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1 ‘‘(E) the Federal Supplementary Medical

2 Insurance Trust Fund,

3 ‘‘(F) the Unemployment Trust Fund,

4 ‘‘(G) the Federal Disability Insurance

5 Trust Fund, and

6 ‘‘(H) such other funds or accounts of the

7 Government that the Director of the Office of

8 Management and Budget, in consultation with

9 the Comptroller General, determines should be

10 classified as trust funds in order to fulfill the

11 purpose of this section;

12 ‘‘(3) ‘Federal funds’ includes all accounts of the

13 Government that are not trust funds;

14 ‘‘(4) ‘total funds’ means Federal funds and

15 trust funds and represents the unified budget;

16 ‘‘(5) ‘capital assets’ means physical assets and

17 financial assets, but does not include consumable

18 inventories;

19 ‘‘(6) ‘physical assets’ means tangible assets

20 whose ownership is or will be in the public domain;

21 which typically produce services or benefits, includ22 ing for national defense and security, for more than

23 3 years; and which have an initial cost equal to or

24 more than $1,000,000. Such assets include, but are

25 not limited to—
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1 ‘‘(A) roadways and bridges;

2 ‘‘(B) airports and airway facilities;

3 ‘‘(C) mass transportation systems;

4 ‘‘(D) waste water treatment and related

5 facilities;

6 ‘‘(E) water resource projects;

7 ‘‘(F) medical facilities;

8 ‘‘(G) resource recovery facilities;

9 ‘‘(H) public structures;

10 ‘‘(I) space and communication facilities;

11 ‘‘(J) defense facilities;

12 ‘‘(K) major weapons platforms; and

13 ‘‘(7) ‘financial assets’ means interests of the

14 Federal Government in, and claims of the Federal

15 Government against, foreign governments, States

16 and their political subdivisions, corporations, asso17 ciations, and individuals and their resources which

18 are represented by a legal instrument (such as

19 bonds, debentures, notes, and other securities), less

20 any credit subsidy costs attributable to such finan21 cial assets;

22 ‘‘(8) ‘credit subsidy costs’ means the losses in23 curred by the Federal Government as a result of its

24 direct and guaranteed loans, including such costs as

25 interest and default;
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1 ‘‘(9) ‘consumable inventories’ means tangible

2 assets of the Federal Government, including stock3 piles, supplies, and inventories, which typically are

4 consumed within 3 years or which have an initial

5 price less than $1,000,000;

6 ‘‘(10) ‘operating revenues’ means all receipts of

7 the Federal Government, other than those identified

8 in paragraph (16), including profits and interest

9 earned on financial assets;

10 ‘‘(11) ‘operating expenses’ means all expenses

11 of the Federal Government, other than those identi12 fied in paragraph (17), including interest payments

13 on debts, asset consumption charge, and credit sub14 sidy costs;

15 ‘‘(12) ‘the operating surplus/deficit before

16 interfund transfers’ means the difference between

17 operating revenues and operating expenses before

18 interfund transfers;

19 ‘‘(13) ‘interfund transfers’ means the flow of

20 revenues between Federal funds and trust funds ac21 counts that are expenses from the account making

22 the payments and revenues to the account receiving

23 the payments;
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1 ‘‘(14) ‘operating surplus/deficit’ means the op2 erating surplus/deficit before interfund transfers

3 plus or minus interfund transfers;

4 ‘‘(15) ‘asset consumption charge’ means the

5 systematic allocation over the useful life of the asset

6 of the original cost of a physical asset financed by

7 the appropriation accounts for which the capital

8 budget required by this section applies;

9 ‘‘(16) ‘capital revenues’ means receipts of the

10 Federal Government derived from the repayment of

11 principal invested in financial assets, and taxes, col12 lections, and receipts dedicated by statute, for the

13 acquisition, construction, and rehabilitation of cap14 ital assets which relate to the activities, functions,

15 and programs represented by the capital budget;

16 ‘‘(17) ‘capital investments’ means expenditures

17 of the Federal Government, including those under

18 grants, contracts, and leases, which are for the ac19 quisition, construction, and rehabilitation of capital

20 assets;

21 ‘‘(18) ‘net capital investments’ means the

22 amount by which capital investments exceed the

23 asset consumption charge;
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1 ‘‘(19) ‘capital financing requirements’ means

2 net capital investments plus or minus interfund

3 transfers;

4 ‘‘(20) ‘items not affecting funds’ means

5 noncash outlays of the Federal Government; and

6 ‘‘(21) ‘unified budget financing requirements’

7 means the total of the operating surplus/deficit and

8 the net capital financing requirements less items not

9 affecting funds.’’.

10 SEC. 303. CONFORMING AMENDMENTS.

11 (a) Paragraph (1) of section 3 of the Congressional

12 Budget and Impoundment Control Act of 1974 (2 U.S.C.

13 622(1)) is amended by adding at the end the following

14 new sentence: ‘‘With respect to capital investments (as

15 such term is defined in section 1105a(d)(17) of title 31,

16 United States Code), expenditures shall include only the

17 asset consumption charge (as such term is defined in sec18 tion 1105a(d)(15) of title 31, United States Code) in the

19 current biennium for all such capital investments incurred

20 in the current and previous bienniums.’’.

21 (b) Section 1112 of title 31, United States Code, is

22 amended—

23 (1) in subsection (c)(1) by inserting ‘‘criteria,

24 principles, and standards for determining the con25 tents of the operating and capital budgets required
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1 under section 1105a of this title, and’’ after ‘‘includ2 ing’’; and

3 (2) by adding the following subsection at the

4 end:

5 ‘‘(g) The Comptroller General shall review and report

6 to the Congress on the implementation of section 1105a

7 of this title as the Comptroller General deems necessary.

8 A review by the Comptroller General may include, but

9 need not be limited to, determining whether (1) the actual,

10 estimated, and proposed appropriations, receipts, and in11 vestments presented in the capital budget represent activi12 ties, functions, and programs which support the acquisi13 tion, construction, alteration, and rehabilitation of capital

14 assets, and (2) the classifications made by the Director

15 of the Office of Management and Budget under section

16 1105a(d)(2)(H) of this title further the purposes of

17 section 1105a.’’.

18 SEC. 304. PUBLIC WORKS FINANCING INFORMATION.

19 Title VII of the Public Works and Economic Develop20 ment Act of 1965 (42 U.S.C. 3211–3226) is amended by

21 adding at the end the following new section:

22 ‘‘SEC. 717. PUBLIC WORKS FINANCING INFORMATION.

23 ‘‘(a) TRANSPORTATION REPORTS.—Not later than

24 12 months after the date of the enactment of the Com25 prehensive Budget Process Reform Act of 1993, and an-
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1 nually thereafter, the Secretary of Transportation shall re2 port to the House Committee on Public Works and Trans3 portation and the Senate Committee on Environment and

4 Public Works, at the account, function, and agency levels,

5 the actual, estimated, and proposed appropriations, re6 ceipts, and expenditures for capital activities and operat7 ing activities associated with the following:

8 ‘‘(1) roadways and bridges;

9 ‘‘(2) airports and airway facilities; and

10 ‘‘(3) mass transportation systems.

11 ‘‘(b) WATER POLLUTION REPORTS.—Not later than

12 12 months after the date of the enactment of the Com13 prehensive Budget Process Reform Act of 1993, and an14 nually thereafter, the Administrator of the Environmental

15 Protection Agency shall report to the House Committee

16 on Public Works and Transportation and the Senate Com17 mittee on Environment and Public Works, at the account

18 and function levels, the actual, estimated, and proposed

19 appropriations, receipts, and expenditures for capital ac20 tivities and operating activities associated with waste

21 water treatment and related facilities.

22 ‘‘(c) WATER RESOURCES REPORTS.—Not later than

23 12 months after the date of the enactment of the Com24 prehensive Budget Process Reform Act of 1993, and an25 nually thereafter, the Assistant Secretary of the Army for
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1 Civil Works shall report to the House Committee on Pub2 lic Works and Transportation and the Senate Committee

3 on Environment and Public Works, at the account and

4 function levels, the actual, estimated, and proposed appro5 priations, receipts, and expenditures for capital activities

6 and operating activities associated with water resource

7 projects.

8 ‘‘(d) PUBLIC BUILDINGS REPORTS.—Not later than

9 12 months after the date of the enactment of the Com10 prehensive Budget Process Reform Act of 1993, and an11 nually thereafter, the Administrator of the General Serv12 ices Administration shall report to the House Committee

13 on Public Works and Transportation and the Senate Com14 mittee on Environment and Public Works, at the account

15 and function levels, the actual, estimated, and proposed

16 appropriations, receipts, and expenditures for capital ac17 tivities and operating activities associated with public

18 buildings.’’.

19 SEC. 305. LEASING VERSUS PURCHASING ANALYSES.

20 (a) OMB REGULATIONS.—Chapter 11 of title 31,

21 United States Code, (as amended by sections 602 and 701

22 of this Act) is amended by adding after section 1117 the

23 following new section:
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1 ‘‘§ 1118. Lease/Purchase Analyses

2 ‘‘The Office of Management and Budget shall pro3 mulgate regulations requiring—

4 ‘‘(1) that each department and agency establish

5 standards to compare the advantages and disadvan6 tages of leasing versus purchasing any proposed real

7 estate or equipment with a cost in excess of

8 $10,000,000; and

9 ‘‘(2) that each such analysis compares the net

10 present value of the 2 alternatives and be completed

11 before any commitment to purchase or lease any

12 such real estate or equipment may be entered into

13 by that department or agency.’’.

14 (b) TECHNICAL AND CONFORMING AMENDMENT.—

15 The table of sections for chapter 11 of title 31, United

16 States Code, is amended by adding after the item relating

17 to section 1117 the following new item:

‘‘1118. Lease/purchase analyses.’’.

18 TITLE IV—SUNSET AUTHORITY

19 SEC. 401. The purposes of this title are—

20 (1) to require that most Government programs

21 be reauthorized according to a schedule at least once

22 every ten years;

23 (2) to limit the length of time for which Gov24 ernment programs can be authorized to ten years;
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1 (3) to bar the expenditure of funds for Govern2 ment programs which have not been provided for by

3 a law enacted during the ten-year sunset reauthor4 ization cycle; and

5 (4) to encourage the reexamination of selected

6 Government programs each Congress.

7 SEC. 402. (a) For purposes of this title—

8 (1) The term ‘‘budget authority’’ has the mean9 ing given to it by section 3(2) of the Congressional

10 Budget and Impoundment Control Act of 1974.

11 (2) The term ‘‘permanent budget authority’’

12 means budget authority provided for an indefinite

13 period of time or an unspecified number of

14 bienniums which does not require recurring action

15 by the Congress, but does not include budget au16 thority provided for a specified biennium which is

17 available for obligation or expenditure in one or

18 more succeeding bienniums.

19 (3) The term ‘‘Comptroller General’’ means the

20 Comptroller General of the United States.

21 (4) The term ‘‘agency’’ means an executive

22 agency as defined in section 105 of title 5, United

23 States Code, except that such term includes the

24 United States Postal Service and the Postal Rate
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1 Commission but does not include the General

2 Accounting Office.

3 (5) The term ‘‘sunset reauthorization cycle’’

4 means the period of five Congresses beginning with

5 the One Hundred Fourth Congress and with each

6 sixth Congress following the One Hundred Fourth

7 Congress.

8 (b) For purposes of this title, each program (includ9 ing any program exempted by a provision of law from in10 clusion in the Budget of the United States) shall be as11 signed to the functional and subfunctional categories to

12 which it is assigned in the Budget of the United States

13 Government, fiscal year 1991. Each committee of the Sen14 ate or the House of Representatives which reports any bill

15 or resolution which authorizes the enactment of new budg16 et authority for a program not included in the fiscal year

17 1991 budget shall include, in the committee report accom18 panying such bill or resolution (and, where appropriate,

19 the conferees shall include in their joint statement on such

20 bill or resolution), a statement as to the functional and

21 subfunctional category to which such program is to be

22 assigned.

23 (c) For purposes of subtitles A, B, and C of this title,

24 the reauthorization date applicable to a program is the

25 date specified for such program under section 411(b).
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1 Subtitle A—Reauthorization of

2 Government Programs

3 SEC. 411. (a) Each Government program (except

4 those listed in section 413) shall be reauthorized at least

5 once during each sunset reauthorization cycle during the

6 Congress in which the reauthorization date applicable to

7 such program (pursuant to subsection (b)) occurs.

8 (b) The first reauthorization date applicable to a Gov9 ernment program is the date specified in the following

10 table, and each subsequent reauthorization date applicable

11 to a program is the date ten years following the preceding

12 reauthorization date:

Programs included within subfunctional category First reauthorization

date

254 Space, Science, Applications and Technology. September 30, 1996.

272 Energy Conservation.

301 Water Resources.

352 Agriculture and Research Services.

371 Mortgage Credit and Thrift Insurance.

376 Other Advancement and Regulation of Commerce.

501 Elementary, Secondary, and Vocational Education.

601 General Retirement and Disability Insurance.

602 Federal Employment Retirement and Disability.

703 Hospital and Medical Care for Veterans.

807 Other General Government.

051 Department of Defense—Military. September 30, 1998.

053 Atomic Energy Defense Activities.

154 Foreign Information and Exchange Act.

251 General Science and Basic Research.

306 Other Natural Resources.

351 Farm Income Stabilization.

401 Ground Transportation.

502 Higher Education.

553 Education and Training of Health Care

Work Force.

701 Income Security for Veterans.
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Programs included within subfunctional category First reauthorization

date

802 Executive Director and Management.

803 Central Fiscal Operations.

054 Defense Related Activities. September 30, 2000.

152 International Security Assistance.

155 International Financial Programs.

253 Space Flight.

255 Supporting Space Activities.

274 Emergency Energy Preparedness.

302 Conservation and Land Management.

304 Pollution Control and Abatement.

407 Other Transportation.

504 Training and Employment.

506 Social Services.

554 Consumer and Occupational Health and

Safety.

704 Veterans Housing.

751 Federal Law Enforcement Activities.

801 Legislative Function.

806 Other General Purpose Fiscal Assistance.

153 Conduct of Foreign Affairs. September 30, 2002.

271 Energy Supply.

303 Recreational Resources.

402 Air Transportation.

505 Other Labor Services.

551 Health Care Services.

604 Public Assistance and Other Income Supplements.

702 Veterans Education, Training, and Rehabilitation.

753 Federal Correctional Activities.

805 Central Personnel Management.

151 Foreign Economic and Financial Assistance. September 30, 2004.

276 Energy Information, Policy and Regulation.

372 Postal Service.

403 Water Transportation.

451 Community Development.

452 Area and Regional Development.

453 Disaster Relief and Insurance.

503 Research and General Education Aids.

552 Health Research.

603 Unemployment Compensation.

705 Other Veterans Benefits and Services.

754 Criminal Justice Assistance.

804 General Property and Record Management.

1 (c)(1) It shall not be in order in either the Senate

2 or the House of Representatives to consider any bill or

3 resolution, or amendment thereto, which authorizes the

4 enactment of new budget authority for a program for a
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•HR 1138 IH

1 period of more than 5 bienniums, for an indefinite period,

2 or (except during the Congress in which such next reau3 thorization date occurs) for any biennium beginning after

4 the next reauthorization date applicable to such program.

5 Notwithstanding the preceding sentence, it shall be in

6 order to consider a bill or resolution for the purpose of

7 considering an amendment to the bill or resolution which

8 would make the authorization period conform to the

9 requirement of such sentence.

10 (2)(A) It shall not be in order in either the Senate

11 or the House of Representatives to consider any bill or

12 resolution, or amendment thereto, which provides new

13 budget authority for a program for any biennium begin14 ning after any reauthorization date applicable to such pro15 gram under subsection (b), unless the provision of such

16 new budget authority is specifically authorized by a law

17 which constitutes a required authorization for such

18 program.

19 (B) For the purposes of this subtitle, the term ‘‘re20 quired authorization’’ means a law authorizing the enact21 ment of new budget authority for a program, which com22 plies with the provisions of paragraph (1).

23 (3) No new budget authority may be obligated or ex24 pended for a program for a biennium beginning after the

25 last biennium in a sunset reauthorization cycle unless a
51

•HR 1138 IH

1 provision of law providing for the expenditure of such

2 funds has been enacted during such sunset reauthorization

3 cycle.

4 (4) Any provision of law providing permanent budget

5 authority for a program shall cease to be effective (for the

6 purpose of providing such budget authority) on the first

7 reauthorization date applicable to such program.

8 (5) It shall not be in order in either the Senate or

9 the House of Representatives to consider any bill or reso10 lution, or amendment thereto, which provides new budget

11 authority for a program unless the bill or resolution, or

12 amendment thereto (or the report which accompanies such

13 bill or resolution), includes a specific reference to the pro14 vision of law which constitutes a required authorization

15 for such program. Notwithstanding the preceding sen16 tence, it shall be in order to consider a bill or resolution

17 for the purpose of considering an amendment which pro18 vides such reference to the appropriate provision of law.

19 SEC. 412. (a) It shall not be in order in either the

20 Senate or the House of Representatives to consider any

21 bill or resolution, or amendment thereto, which has been

22 reported by a committee and which authorizes the enact23 ment of new budget authority for a program for a bien24 nium beginning after the next reauthorization date appli25 cable to such program, unless a reauthorization review of
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•HR 1138 IH

1 such program has been completed during the Congress in

2 which the reauthorization date for such program occurs

3 (or during a subsequent Congress when such required au4 thorization is considered), and the report accompanying

5 such bill or resolution includes a separate section entitled

6 ‘‘Reauthorization Review’’ recommending, based on such

7 review, whether the program or the laws affecting such

8 program should be continued without change, continued

9 with modifications, or terminated, and also includes, to the

10 extent the committee or committees having jurisdiction

11 deem appropriate, each of the following matters:

12 (1) Information and analysis on the organiza13 tion, operation, costs, results, accomplishments, and

14 effectiveness of the program.

15 (2) An identification of any other programs

16 having similar objectives, and a justification of the

17 need for the proposed program in comparison with

18 those other programs which may be potentially con19 flicting or duplicative.

20 (3) An identification of the objectives intended

21 for the program, and the problems or needs which

22 the program is intended to address, including an

23 analysis of the performance expected to be achieved,

24 based on the bill or resolution as reported.
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•HR 1138 IH

1 (4) A comparison of the amount of new budget

2 authority which was authorized for the program in

3 each of the previous 2 bienniums and the amount of

4 new budget authority provided in each such year.

5 (b) It shall not be in order in either the Senate or

6 the House of Representatives to consider a bill or resolu7 tion, or amendment thereto, which authorizes the enact8 ment of new budget authority for a program for which

9 there previously has been no such authorization unless the

10 report accompanying such bill or resolution sets forth, to

11 the extent that the committee or committees having juris12 diction deem appropriate, the information specified in sub13 sections (a)(2) and (a)(3).

14 (c) Each committee having legislative jurisdiction

15 over a program referred to in section 413 shall conduct

16 a review of such program of the type described in sub17 section (a) of this section at least once during each sunset

18 reauthorization cycle, during the Congress in which the

19 reauthorization date applicable to such program occurs,

20 and shall submit to the Senate or the House of Represent21 atives, as the case may be, a report containing its rec22 ommendations and other information of the type described

23 in subsection (a). It shall not be in order in either the

24 Senate or the House of Representatives to consider a bill

25 or resolution reported by the committee having legislative
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•HR 1138 IH

1 jurisdiction which authorizes the enactment of new budget

2 authority for such program unless such report accom3 panies such bill or resolution, or has been submitted dur4 ing the Congress in which the reauthorization date for

5 such program occurred as provided in section 411(b),

6 whichever first occurs.

7 SEC. 413. Section 411(c) shall not apply to the

8 following:

9 (1) Programs included within functional cat10 egory 900 (Interest).

11 (2) Programs which are related to the adminis12 tration of the Federal judiciary and which are classi13 fied in the fiscal year 1993 budget under

14 subfunctional category 752 (Federal litigative and

15 judicial activities).

16 (3) Payments of refunds of internal revenue col17 lections as provided in title I of the Supplemental

18 Treasury and Post Office Departments Appropria19 tion Act of 1949 (62 Stat. 561), but not to include

20 refunds to persons in excess of their tax payments.

21 SEC. 414. (a) It is the sense of the Congress that

22 all programs should be considered and reauthorized in

23 program categories which constitute major areas of legis24 lative policy. Such authorizations should be for sufficient
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•HR 1138 IH

1 periods of time to enhance oversight and the review and

2 evaluation of Government programs.

3 (b) The reauthorization schedule contained in section

4 411(b) may be changed by concurrent resolution of the

5 two Houses of the Congress (except that changes in the

6 schedule affecting permanent appropriations may be made

7 only by law).

8 (c) All messages, petitions, memorials, concurrent

9 resolutions, and bills proposing changes in section 411(b)

10 and all bills proposing changes in section 413, shall be

11 referred first to the committee with legislative jurisdiction

12 over any program affected by the proposal and sequen13 tially to the Committee on Rules in the House of Rep14 resentatives or to the Committee on Rules and Adminis15 tration in the Senate.

16 (d) Except as provided in subsection (f), the Commit17 tee on Rules in the House of Representatives or the Com18 mittee on Rules and Administration in the Senate shall

19 report with its recommendations any concurrent resolution

20 or bill referred to it under subsection (c) and which pre21 viously has been reported favorably by a committee of leg22 islative jurisdiction within thirty days (not counting any

23 day on which the Senate or the House of Representatives

24 is not in session), beginning with the day following the

25 day on which such resolution or bill is so referred.
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•HR 1138 IH

1 (e) The recommendations of the Committee on Rules

2 or the Committee on Rules and Administration pursuant

3 to subsection (d) or (f) shall include a statement on each

4 of the following matters:

5 (1) The effect the proposed change would have

6 on the sunset reauthorization schedule.

7 (2) The effect the proposed change would have

8 on the jurisdictional and reauthorization responsibil9 ities and workloads of the authorizing committees

10 of Congress.

11 (3) Any suggested grouping of similar programs

12 which would further the goals of this title to make

13 more effective comparisons between programs having

14 like objective.

15 (f) Any concurrent resolution or bill proposing a

16 change in section 411(b) or 413 shall be referred in the

17 House to the Committee on Rules and in the Senate to

18 the Committee on Rules and Administration. Such com19 mittee shall report an omnibus concurrent resolution or

20 bill containing its recommendations regarding the pro21 posed changes and consideration of such bill or resolution

22 shall be highly privileged in the House of Representatives

23 and privileged in the Senate. The provisions of subsections

24 (c) and (d) of section 1017 of the Impoundment Control

25 Act of 1974, insofar as they relate to consideration of re-
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•HR 1138 IH

1 scission bills, shall apply to the consideration of concur2 rent resolutions and bills proposing changes reported pur3 suant to this subsection, amendments thereto, motions

4 and appeals with respect thereto, and conference reports

5 thereon.

6 (g) It shall not be in order in the Senate or the House

7 of Representatives to consider a bill or resolution reported

8 pursuant to subsection (b), (c), (d), or (f) which proposes

9 a reauthorization date for a program beyond the final re10 authorization date of the sunset reauthorization cycle then

11 in progress. Notwithstanding the preceding sentence, it

12 shall be in order to consider a bill or resolution for the

13 purpose of considering an amendment which meets the

14 requirements of this subsection.

15 Subtitle II—Program Inventory

16 SEC. 421. (a) The Comptroller General and the Di17 rector of the Congressional Budget Office, in cooperation

18 with the Director of the Congressional Research Service,

19 shall prepare an inventory of Federal programs (herein20 after in this subtitle referred to as the ‘‘program inven21 tory’’).

22 (b) The purpose of the program inventory is to advise

23 and assist the Congress in carrying out the requirements

24 of subtitles A and C. Such inventory shall not in any way

25 bind the committees of the Senate or the House of Rep-
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•HR 1138 IH

1 resentatives with respect to their responsibilities under

2 such subtitles and shall not infringe on the legislative and

3 oversight responsibilities of such committees. The Comp4 troller General shall compile and maintain the inventory,

5 and the Director of the Congressional Budget Office shall

6 provide budgetary information for inclusion in the inven7 tory.

8 (c) Not later than January 1, 1995, the Comptroller

9 General, after consultation with the Director of the Con10 gressional Budget Office and the Director of the Congres11 sional Research Service, shall submit the program inven12 tory to the Senate and House of Representatives.

13 (d) In the report submitted under this section, the

14 Comptroller General, after consultation and in cooperation

15 with and consideration of the views and recommendations

16 of the Director of the Congressional Budget Office, shall

17 group programs into program areas appropriate for the

18 exercise of the review and reexamination requirements of

19 this subtitle. Such groupings shall identify program areas

20 in a manner which classifies each program in only one

21 functional and only one subfunctional category and which

22 is consistent with the structure of national needs, agency

23 missions, and basic programs developed pursuant to sec24 tion 1105 of title 31, United States Code.
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1 (e) The program inventory shall set forth for each

2 program each of the following matters:

3 (1) The specific provision or provisions of law

4 authorizing the program.

5 (2) The committees of the Senate and the

6 House of Representatives which have legislative or

7 oversight jurisdiction over the program.

8 (3) A brief statement of the purpose or pur9 poses to be achieved by the program.

10 (4) The committees which have jurisdiction over

11 legislation providing new budget authority for the

12 program, including the appropriate subcommittees of

13 the Committees on Appropriations of the Senate and

14 the House of Representatives.

15 (5) The agency and, if applicable, the subdivi16 sion thereof responsible for administering the pro17 gram.

18 (6) The grants-in-aid, if any, provided by such

19 program to State and local governments.

20 (7) The next reauthorization date for the pro21 gram.

22 (8) A unique identification number which links

23 the program and functional category structure.
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1 (9) The year in which the program was origi2 nally established and, where applicable, the year in

3 which the program expires.

4 (10) Where applicable, the year in which new

5 budget authority for the program was last author6 ized and the year in which current authorizations of

7 new budget authority expire.

8 (f) The inventory shall contain a separate tabular list9 ing of programs which are not required to be reauthorized

10 pursuant to section 411(c).

11 (g) The report also shall set forth for each program

12 whether the new budget authority provided for such

13 programs is—

14 (1) authorized for a definite period of time;

15 (2) authorized in a specific dollar amount but

16 without limit of time;

17 (3) authorized without limit of time or dollar

18 amounts;

19 (4) not specifically authorized; or

20 (5) permanently provided,

21 as determined by the Director of the Congressional

22 Budget Office.

23 (h) For each program or group of programs, the pro24 gram inventory also shall include information prepared by
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1 the Director of the Congressional Budget Office indicating

2 each of the following matters:

3 (1) The amounts of new budget authority au4 thorized and provided for the program for each of

5 the preceding 2 bienniums and, where applicable, the

6 2 succeeding bienniums.

7 (2) The functional and subfunctional category

8 in which the program is presently classified and was

9 classified under the fiscal year 1993 budget.

10 (3) The identification code and title of the ap11 propriation account in which budget authority is

12 provided for the program.

13 SEC. 422. The General Accounting Office, the Con14 gressional Research Service, and the Congressional Budg15 et Office shall permit the mutual exchange of available in16 formation in their possession which would aid in the com17 pilation of the program inventory.

18 SEC. 423. The Office of Management and Budget,

19 and the Executive agencies and the subdivisions thereof

20 shall, to the extent necessary and possible, provide the

21 General Accounting Office with assistance requested by

22 the Comptroller General in the compilation of the program

23 inventory.

24 SEC. 424. Each committee of the Senate and the

25 House of Representatives, the Congressional Budget Of-
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•HR 1138 IH

1 fice, and the Congressional Research Service shall review

2 the program inventory as submitted under section 421 and

3 not later than September 1, 1993, each shall advise the

4 Comptroller General of any revisions in the composition

5 or identification of programs and groups of programs

6 which it recommends. After full consideration of the re7 ports of all such committees and officials, the Comptroller

8 General in consultation with the committees of the Senate

9 and the House of Representatives shall report, not later

10 than May 1, 1995, a revised program inventory to the

11 Senate and the House of Representatives.

12 SEC. 425. (a) The Comptroller General, after the

13 close of each session of the Congress, shall revise the pro14 gram inventory and report the revisions to the Senate and

15 the House of Representatives.

16 (b) After the close of each session of the Congress,

17 the Director of the Congressional Budget Office shall pre18 pare a report, for inclusion in the revised inventory, with

19 respect to each program included in the program inventory

20 and each program established by law during such session,

21 which includes the amount of the new budget authority

22 authorized and the amount of new budget authority pro23 vided for the current biennium and each of the 2 succeed24 ing bienniums. If new budget authority is not authorized

25 or provided or is authorized or provided for an indefinite
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•HR 1138 IH

1 amount for any of such 2 succeeding bienniums with re2 spect to any program, the Director shall make projections

3 of the amounts of such new budget authority necessary

4 to be authorized or provided for any such biennium to

5 maintain a current level of services.

6 (c) Not later than one year after the first or any sub7 sequent reauthorization date, the Director of the Congres8 sional Budget Office, in consultation with the Comptroller

9 General and the Director of the Congressional Research

10 Service, shall compile a list of the provisions of law related

11 to all programs subject to such reauthorization date for

12 which new budget authority was not authorized. The Di13 rector of the Congressional Budget Office shall include

14 such a list in the report required by subsection (b). The

15 committees with legislative jurisdiction over the affected

16 programs shall study the affected provisions and make any

17 recommendations they deem to be appropriate with regard

18 to such provisions to the Senate and the House of

19 Representatives.

20 SEC. 426. The Director of the Congressional Budget

21 Office and the Comptroller General shall include in their

22 respective reports to the Congress pursuant to section

23 202(f) of the Congressional Budget Act of 1974 and sec24 tion 719 of title 31, United States Code, an assessment

25 of the adequacy of the functional and subfunctional cat-
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1 egories contained in section 411(b) of this title for group2 ing programs of like missions or objectives.

3 SEC. 427. (a) The Director of the Congressional

4 Budget Office shall tabulate and issue an annual report

5 on the progress of congressional action on bills and resolu6 tions reported by a committee of either House or passed

7 by either House which authorize the enactment of new

8 budget authority for programs.

9 (b) The report shall include an up-to-date tabulation

10 for the biennium beginning October 1 and the succeeding

11 2 bienniums of the amounts of budget authority (1) au12 thorized by law or proposed to be authorized in any bill

13 or resolution reported by any committee of the Senate or

14 the House of Representatives, or (2) if budget authority

15 is not authorized or proposed to be authorized for any of

16 the 2 bienniums, the amounts necessary to maintain a cur17 rent level of services for programs in the inventory.

18 (c) The Director of the Congressional Budget Office

19 shall issue periodic reports on the programs and the provi20 sions of laws which are scheduled for reauthorization in

21 each Congress pursuant to the reauthorization schedule

22 in section 411(b). In these reports, the Director shall iden23 tify each provision of law which authorizes the enactment

24 of new budget authority for programs scheduled for reau25 thorization and the title of the appropriation bill, or part
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1 thereof, which would provide new budget authority pursu2 ant to each authorization.

3 Subtitle C—Program

4 Reexamination

5 SEC. 431. (a) Each committee of the Senate and the

6 House of Representatives periodically shall provide

7 through the procedures established in section 432, for the

8 conduct of a comprehensive reexamination of selected

9 programs or groups of programs over which it has

10 jurisdiction.

11 (b) In selecting programs and groups of programs for

12 reexamination, each committee shall consider each of the

13 following matters:

14 (1) The extent to which substantial time has

15 passed since the program or group of programs has

16 been in effect.

17 (2) The extent to which a program or group of

18 programs appears to require significant change.

19 (3) The resources of the committee with a view

20 toward undertaking reexaminations across a broad

21 range of programs.

22 (4) The desirability of examining related pro23 grams concurrently.

24 SEC. 432. (a)(1) The funding resolution first re25 ported by each committee of the Senate in 1995, and
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1 thereafter for the first session of each Congress, shall in2 clude, and the first funding resolution introduced by each

3 committee of the House of Representatives (and referred

4 to the Committee on House Administration) for such year

5 and thereafter for the first session of each Congress shall

6 include, a section setting forth the committee’s plan for

7 reexamination of programs under this subtitle. Such plan

8 shall include each of the following matters:

9 (A) The programs to be reexamined and the

10 reasons for their selection.

11 (B) The scheduled completion date for each

12 program reexamination, which date shall not be later

13 than the end of the Congress preceding the Congress

14 in which the reauthorization date applicable to a

15 program occurs as provided in section 411(b), unless

16 the committee explains in a statement in the report

17 accompanying its proposed funding resolution (in

18 the Senate), or in a statement supplied by the re19 spective committee and included in the report of the

20 Committee on House Administration (in the House

21 of Representatives), the reasons for a later comple22 tion date, except that reports on programs scheduled

23 for reauthorization during the 103d Congress may

24 be submitted at any time on or before February 15,

25 1995.
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1 (C) The estimated cost for each reexamination.

2 (2) The report accompanying the funding resolution

3 reported by each committee of the Senate in 1995 and

4 thereafter for the first session of each Congress, shall in5 clude, and the report accompanying the funding resolution

6 reported by the Committee on House Administration with

7 respect to each committee of the House of Representatives

8 shall include, a statement of that committee, with respect

9 to each reexamination in its plan, of each of the following

10 matters:

11 (A) A description of the components of the

12 reexamination.

13 (B) A statement of whether the reexamination

14 is to be conducted (i) by the committee, or (ii) at the

15 request and under the direction of or under contract

16 with the committee, as the case may be, by one or

17 more instrumentalities of the legislative branch, one

18 or more instrumentalities of the executive branch, or

19 one or more nongovernmental organizations, or (iii)

20 by a combination of the foregoing.

21 (3) It shall not be in order to consider a funding reso22 lution with respect to a committee of the Senate or the

23 House of Representatives in 1995, and thereafter for the

24 first session of a Congress, unless—
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1 (A) such resolution includes a section contain2 ing the information described in paragraph (1) and

3 the report accompanying such resolution contains

4 the information described in paragraph (2); and

5 (B) the report required by subsection (c) with

6 respect to each program reexamination scheduled for

7 completion during the preceding Congress by such

8 committee has been submitted for printing.

9 (4) It shall not be in order to consider an amendment

10 to the section of a funding resolution described in para11 graph (1) reported by a committee of the Senate for a

12 year, or reported by the Committee on House Administra13 tion with respect to a committee of the House of Rep14 resentatives for a year—

15 (A) if such amendment would require reexam16 ination of a program which has been reexamined by

17 such committee under this section during any of the

18 five preceding years;

19 (B) if such amendment would cause such sec20 tion not to contain the information described in

21 paragraph (1) with respect to each program to be

22 reexamined by such committee; or

23 (C) if notice of intention to propose such

24 amendment has not been given to such committee

25 and, in the case of an amendment in the Senate, to
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1 the Committee on Rules and Administration of the

2 Senate, or, in the case of an amendment in the

3 House of Representatives, to the Committee on

4 House Administration, not later than January 20 of

5 the calendar year in which such year begins or the

6 first day of the session of the Congress in which

7 such year begins, whichever is later.

8 The notice required by subparagraph (C) shall include the

9 substance of the amendment intended to be proposed, and,

10 if such amendment would add one or more programs to

11 be reexamined, shall include the information described in

12 paragraphs (1) and (2) with respect to each such program.

13 Subparagraph (C) shall not apply to amendments pro14 posed by such committee or by the Committee on Rules

15 and Administration or House Administration, as the case

16 may be.

17 (b) In order to achieve coordination of progam

18 reexamination each committee shall, in preparing each re19 examination plan required by subsection (a), consult with

20 appropriate committees of the Senate or appropriate com21 mittees of the House of Representatives, as the case may

22 be, and shall inform itself of related activities of and sup23 port or assistance that may be provided by (1) the General

24 Accounting Office, the Congressional Budget Office, the

25 Congressional Research Service, and the Office of Tech-
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1 nology Assessment, and (2) appropriate instrumentalities

2 in the executive and judicial branches.

3 (c) Each committee shall prepare and have printed

4 a report with respect to each reexamination completed

5 under this subtitle. Each such report shall be delivered

6 to the Secretary of the Senate or the Clerk of the House

7 of Representatives, as the case may be, not later than the

8 date specified in the resolution and printed as a Senate

9 or House document, accordingly. To the extent permitted

10 by law or regulation, such number of additional copies as

11 the committee may order shall be printed for the use of

12 the committee. If two or more committees have legislative

13 jurisdiction over the same program or portions of the same

14 program, such committees may reexamine such program

15 jointly and submit a joint report with respect to such

16 reexamination.

17 (d) The report pursuant to subsection (c) shall set

18 forth the findings, recommendations, and justifications

19 with respect to the program, and shall include to the

20 extent the committee deems appropriate, each of the

21 following matters:

22 (1) An identification of the objectives intended

23 for the program and the problem it was intended to

24 address.
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1 (2) An identification of any trends, develop2 ments, and emerging conditions which are likely to

3 affect the future nature and extent of the problems

4 or needs which the program is intended to address

5 and an assessment of the potential primary and sec6 ondary effects of the proposed program.

7 (3) An identification of any other program hav8 ing potentially conflicting or duplicative objectives.

9 (4) A statement of the number and types of

10 beneficiaries or persons served by the program.

11 (5) An assessment of the effectiveness of the

12 program and the degrees to which the original objec13 tives of the program or group of programs have been

14 achieved.

15 (6) An assessment of the cost effectiveness of

16 the program, including where appropriate, a cost17 benefit analysis of the operation of the program.

18 (7) An assessment of the relative merits of al19 ternative methods which could be considered to

20 achieve the purposes of the program.

21 (8) Information on the regulatory, privacy, and

22 paperwork impacts of the program.

23 (e) A report submitted pursuant to this section shall

24 be deemed to satisfy the reauthorization review require25 ments of subtitle A.
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1 SEC. 433. Each department or agency of the execu2 tive branch which is responsible for the administration of

3 a program selected for reexamination pursuant to this

4 subtitle shall, not later than six months before the comple5 tion date specified for reexamination reports pursuant to

6 section 432(a)(1)(B), submit to the Office of Management

7 and Budget and to the appropriate committee or commit8 tees of the Senate and the House of Representatives a re9 port of its findings, recommendations, and justifications

10 with respect to each of the matters set forth in section

11 432(d), and the Office of Management and Budget shall

12 submit to such committee or committees such comments

13 as it deems appropriate.

14 SEC. 434. For the purposes of this subtitle—

15 (1) The term ‘‘funding resolution’’ means, with

16 respect to each committee of the House of Rep17 resentatives, the primary funding resolution for such

18 committee which is effective for the duration of a

19 Congress.

20 (2) An amendment to a funding resolution in21 cludes a resolution of the Senate which amends such

22 funding resolution.

23 Subtitle D—Tax Expenditures

24 SEC. 441. For purposes of this subtitle—
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1 (1) The term ‘‘tax expenditure provision’’

2 means any provision of Federal law—

3 (A) which allows a special exclusion, ex4 emption, or deduction in determining liability

5 for any tax or which provides a special credit

6 against any tax, a preferential rate of tax, or a

7 deferral of tax liability; and

8 (B) would cause a revenue loss of at least

9 $2,000,000,000 in a biennium.

10 (2) The term ‘‘Committee on Ways and Means’’

11 means the Committee on Ways and Means of the

12 House of Representatives.

13 (3) The term ‘‘Committee on Finance’’ means

14 the Committee on Finance of the Senate.

15 (4) The term ‘‘Joint Tax Committee’’ means

16 the Joint Committee on Taxation of the Congress.

17 SEC. 442. (a) Not later than July 1, 1995, the Direc18 tor of the Congressional Budget Office after consultation

19 with the Joint Tax Committee shall prepare an inventory

20 of tax expenditures provisions (hereinafter in this subtitle

21 referred to as the ‘‘tax inventory’’) and submit a report

22 thereon to the Committee on Ways and Means and the

23 Committee on Finance. The report shall include for each

24 tax expenditure provision—
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•HR 1138 IH

1 (1) the statute, regulation, ruling, or other cir2 cumstance which is the basis for the tax expenditure

3 provision;

4 (2) an identification of the tax against which

5 the tax expenditure provision allows a special exclu6 sion, exemption, or deduction in determining liability

7 or provides a special credit, a preferential rate of

8 tax, or a deferral of tax liability;

9 (3) a brief statement of the purpose or pur10 poses to be achieved by the tax expenditure provi11 sion;

12 (4) the period of time, if any, for which the tax

13 expenditure provision has been in effect;

14 (5) the estimated revenue loss from the tax ex15 penditure provision for the preceding 2 bienniums;

16 (6) an analysis of the distributional impact of

17 the tax expenditure provision; and

18 (7) the functional and subfunctional category of

19 the budget in which the tax expenditure provision is

20 classified.

21 (b) The General Accounting Office, the Congressional

22 Research Service, and the Office of Technology Assess23 ment shall provide the Congressional Budget Office and

24 the Joint Tax Committee with information requested

25 which would aid in the compilation of the tax inventory.
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1 (c) The Department of the Treasury, the Office of

2 Management and Budget, and the other agencies shall, to

3 the extent necessary and possible, provide the Congres4 sional Budget Office and the Joint Tax Committee with

5 any assistance requested for the preparation of the tax

6 inventory.

7 SEC. 443. The Committee on Ways and Means and

8 the Committee on Finance shall review the tax inventory

9 submitted as provided in section 442 and, not later than

10 October 1, 1995, shall advise the Director of the Congres11 sional Budget Office of any proposed revisions in the com12 position or identification of tax expenditure provisions in

13 the tax inventory. After considering the advice of such

14 committees, such Director, in consultation with the Joint

15 Tax Committee, shall report, not later than December 1,

16 1995, a revised tax inventory to the House and the Senate.

17 SEC. 444. (a) The Director of the Congressional

18 Budget Office, after the close of each session of the Con19 gress, shall revise the tax inventory after consultation with

20 the Joint Tax Committee and issue a report on the revi21 sions thereto to the Senate and House of Representatives.

22 Such report shall indicate, with respect to each tax ex23 penditure provision established during such session, the

24 revenue loss which will result in the current biennium and

25 the 2 succeeding bienniums.
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1 (b) The Director of the Congressional Budget Office

2 shall tabulate and issue periodic reports to the Senate and

3 the House of Representatives on the progress of congres4 sional action on bills and resolutions reported by the Com5 mittee on Ways and Means or the Committee on Finance

6 or passed by either House which affect tax expenditure

7 provisions and each new tax expenditure provision pro8 posed to be enacted by any bill or resolution reported, with

9 respect to the amount of revenue loss which would result

10 in the next biennium and each of the 2 succeeding

11 bienniums.

12 SEC. 445. (a) During the first session of the One

13 Hundred Fourth Congress, the Committee on Ways and

14 Means and the Committee on Finance shall report, and

15 the Congress shall complete action on, a bill prescribing

16 a schedule of reauthorization dates for all tax expenditure

17 provisions (other than those specifically exempted in the

18 bill) which are in the tax inventory, or, if not in such in19 ventory, which are in effect on the date of the enactment

20 of such bill or which have been enacted or otherwise estab21 lished as of such date and will become effective after such

22 date. Under such schedule there shall be 5 first reauthor23 ization dates for tax expenditure provisions beginning with

24 September 30, 1996, and continuing on September 30 of

25 each of the following 4 even-numbered years, and each
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1 subsequent reauthorization date applicable to a tax ex2 penditure provision shall be the date 10 years following

3 the preceding reauthorization date.

4 (b) Upon enactment of the bill described in sub5 section (a), and subject to the rules and changes provided

6 pursuant to section 406, each tax expenditure provision

7 shall cease to be effective on January 1 of the year follow8 ing the first (or subsequent) reauthorization date provided

9 in the schedule adopted pursuant to subsection (a) and

10 the bills, resolutions, or amendments thereto enacted pur11 suant to subsection (d), unless it would otherwise cease

12 to be effective at an earlier date, or unless it is reauthor13 ized by a law enacted after the date of enactment of this

14 title.

15 (c) It shall not be in order in either the Senate or

16 the House of Representatives to consider a bill or resolu17 tion, or amendment thereto, which provides for the reau18 thorization of all or part of a tax expenditure provision

19 which is in the schedule adopted pursuant to subsection

20 (a) or which was enacted pursuant to subsection (d)—

21 (1) for an indefinite period of time,

22 (2) for a period exceeding 10 taxable years, or

23 (3) (except during the Congress in which the

24 next reauthorization date for such provision occurs)

25 for any taxable year beginning after the next reau-
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1 thorization date applicable to such tax expenditure

2 provision.

3 (d) After the enactment of the bill described in sub4 section (a), it shall not be in order in either the Senate

5 or the House of Representatives to consider any bill or

6 resolution, or amendment thereto, which proposes the en7 actment of a tax expenditure provision (other than a reau8 thorization under subsection (c)) that does not have a re9 authorization date (and subsequent reauthorization dates)

10 which conform with the schedule provided in subsection

11 (a).

12 (e) Reauthorization dates shall be prescribed under

13 subsections (a) and (d) so as to provide for a review of

14 tax expenditure provisions during the same Congress as

15 the review under this title of programs and tax expendi16 ture provisions having similar objectives, consistent with

17 providing an even distribution of the work of reviewing

18 tax expenditure provisions during each Congress and tak19 ing into consideration the economic impact of the review

20 process and the interest of avoiding adverse impact on pre21 viously acquired assets.

22 SEC. 446. In carrying out the requirements of section

23 445 the Committee on Ways and Means, the Committee

24 on Finance, and the Congress may prescribe transition

25 rules and conforming and technical changes to minimize
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1 unfairness, to mitigate any adverse effect which might re2 sult for taxpayers who have relied on a tax expenditure

3 provision, or to provide for an orderly end of the effective4 ness of any such provision.

5 SEC. 447. It shall not be in order in either the Senate

6 or the House of Representatives to consider a bill, resolu7 tion, or amendment thereto which proposes a reauthoriza8 tion date for a tax expenditure provision beyond the final

9 reauthorization date of the current sunset reauthorization

10 cycle.

11 SEC. 448. (a) It shall not be in order in either the

12 Senate or the House of Representatives to consider any

13 bill, resolution, or amendment thereto, which provides for

14 the reauthorization of a tax expenditure provision for a

15 taxable year beginning after the next reauthorization date

16 applicable to such provision, unless a reauthorization re17 view of such provision has been completed during the Con18 gress in which the reauthorization date for such provision

19 occurs, and the report accompanying such bill or resolu20 tion includes a recommendation as to whether the tax ex21 penditure provision should be continued without change,

22 continued with modifications, or terminated, and includes,

23 in the scope and detail the Committee on Ways and Means

24 and the Committee on Finance deem appropriate, the

25 following:
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1 (1) information and analysis on the operation,

2 costs, results, accomplishments, and effectiveness of

3 the tax expenditure provision;

4 (2) an identification of any other tax expendi5 ture provisions or any other programs having similar

6 objectives, and a justification of the need for the

7 proposed tax expenditure in comparison with those

8 tax expenditure provisions or programs which may

9 be potentially conflicting or duplicative; and

10 (3) an identification of the objectives intended

11 for the tax expenditure provision, and the problem

12 or needs which the tax expenditure provision is in13 tended to address, including an analysis of the per14 formance expected to be achieved, based on the bill

15 or resolution as reported.

16 (b) It shall not be in order in either the Senate or

17 the House of Representatives to consider any bill, resolu18 tion, or amendment thereto, which proposes the enactment

19 of a new tax expenditure provision unless the bill, resolu20 tion, or amendment thereto is accompanied by a report

21 which sets forth, in the scope and detail the Committee

22 on Ways and Means and the Committee on Finance deem

23 appropriate, the information specified in subsections

24 (a)(2) and (a)(3) of this section.
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1 Subtitle E—Miscellaneous

2 SEC. 451. Section 1108(e) of title 31, United States

3 Code, is amended by inserting before the period a comma

4 and ‘‘or at the request of a committee of either House

5 of Congress presented after the day on which the Presi6 dent transmits the budget to the Congress under section

7 1105 of this title for the biennium’’.

8 SEC. 452. Nothing in this title shall require the public

9 disclosure of matters that are specifically authorized under

10 criteria established by an Executive order to be kept secret

11 in the interest of national defense or foreign policy and

12 are in fact properly classified pursuant to such Executive

13 order, or which are otherwise specifically protected by law.

14 SEC. 453. The provisions of this section and sections

15 411(a), 411(b), 411(c)(1), 411(c)(2), 411(c)(5), 412,

16 414(a), 414(c), 414(d), 414(e), 414(f), 414(g), subtitle C

17 (except section 433), sections 445 (c) and (d), 447, and

18 448, section 455, and section 456 of this title are enacted

19 by the Congress—

20 (1) as an exercise of the rulemaking power of

21 the Senate and the House of Representatives respec22 tively, and as such they shall be considered as part

23 of the rules of each House, respectively, or of that

24 House to which they specifically apply, and such
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1 rules shall supersede other rules only to the extent

2 that they are inconsistent therewith; and

3 (2) with full recognition of the constitutional

4 right of either House to change such rules (so far

5 as relating to such House) at any time, in the same

6 manner, and to the same extent as in the case of

7 any other rule of such House.

8 SEC. 454. (a)(1) To assist in the review or reexam9 ination of a program, the head of an agency which admin10 isters such program and the head of any other agency,

11 when requested, shall provide to each committee of the

12 Senate and the House of Representatives which has legis13 lative jurisdiction over such program such studies, infor14 mation, analyses, reports, and assistance as the committee

15 may request.

16 (2) Not later than six months before the first reau17 thorization date specified for a program in section 411(b)

18 the head of the agency which administers such program

19 or the head of any other agency, when requested by a com20 mittee of the Senate or the House of Representatives, shall

21 conduct a review of those regulations currently promul22 gated and in use by that agency which the committee spe23 cifically has requested be reviewed and submit a report

24 to the Senate or the House of Representatives as the case

25 may be, setting forth the regulations that agency intends
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1 to retain, eliminate, or modify if the program is reauthor2 ized and stating the basis for its decision.

3 (3) On or before October 1 of the year preceding the

4 beginning of the Congress in which occurs the reauthoriza5 tion date for a program, the Comptroller General shall fur6 nish to each committee of the Senate and the House of

7 Representatives which has legislative jurisdiction over

8 such program a listing of the prior audits and reviews of

9 such program completed during the preceding six years.

10 (4) Consistent with the discharge of the duties and

11 functions imposed by law on them or their respective Of12 fices or Service, the Comptroller General, the Director of

13 the Congressional Budget Office, the Director of the Of14 fice of Technology Assessment, and the Director of the

15 Congressional Research Service shall furnish to each com16 mittee of the Senate and the House of Representatives

17 such information, analyses, and reports as the committee

18 may request to assist it in conducting reviews or evalua19 tions of programs.

20 (b)(1) On or before October 1 of the year preceding

21 the beginning of the Congress in which occurs the reau22 thorization date for a program, the President, with the

23 cooperation of the head of each appropriate agency, shall

24 submit to the Congress a ‘‘Regulatory Duplication and
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1 Conflicts Report’’ for all such programs scheduled for re2 authorization in the next Congress.

3 (2) Each such regulatory duplication and conflicts re4 port shall—

5 (A) identify regulatory policies, including data

6 collection requirements, of such programs or the

7 agencies which administer them, which duplicate or

8 conflict with each other or with rules or regulations

9 or regulatory policies of other programs or agencies,

10 and identify the provisions of law which authorize or

11 require such duplicative or conflicting regulatory

12 policies or the promulgation of such duplicative or

13 conflicting rules or regulations;

14 (B) identify the regulatory policies, including

15 data collection requirements, of such programs

16 which are, or which tend to be, duplicative of or in

17 conflict with rules or regulations or regulatory poli18 cies of State or local governments; and

19 (C) contain recommendations which address the

20 conflicts or duplications identified in subparagraphs

21 (A) and (B).

22 (3) The regulatory duplication and conflicts report

23 submitted by the President pursuant to this subsection

24 shall be referred to the committee or committees of the
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1 House of Representatives and the Senate with legislative

2 jurisdiction over the programs affected by the reports.

3 SEC. 455. (a) Not later than 15 days after the begin4 ning of the second regular session of the Congress in

5 which occurs the reauthorization date applicable to a pro6 gram under section 411(b), the chairmen of the commit7 tees of the Senate and the House of Representatives hav8 ing legislative jurisdiction over such programs shall intro9 duce, in their respective Houses, a bill which, if enacted

10 into law, would constitute a required authorization (as de11 fined in section 411(c)(1)(B)), and such a bill (hereafter

12 in this section referred to as a ‘‘sunset reauthorization

13 bill’’) shall be referred to the appropriate committee of the

14 Senate or the House of Representatives, as the case may

15 be. This subsection shall not apply in the case of a pro16 gram which has been reauthorized by a required author17 ization which was signed into law by the President prior

18 to fifteen days after the beginning of the second regular

19 session of the Congress in which occurs the reauthoriza20 tion date applicable to such program.

21 (b) If the committee to which a sunset reauthoriza22 tion bill for a program has not reported such bill by May

23 15 of the year in which the reauthorization date for such

24 program occurs, and no other bill which would constitute

25 a required authorization for such program has been en-
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1 acted into law by that date, it is in order to move to dis2 charge the committee from further consideration of the

3 sunset reauthorization bill at any time thereafter.

4 (c) The provisions of section 912(a) of title 5, United

5 States Code, as it relates to the discharge of resolutions

6 of disapproval on reorganization plans, shall apply to mo7 tions to discharge sunset reauthorization bills, and the

8 provisions of subsections (b)(2), (c) (2) through (5), and

9 (d) of section 1017 of the Impoundment Control Act of

10 1974, insofar as they relate to the consideration of rescis11 sion bills shall apply to the consideration of such sunset

12 reauthorization bills, amendments thereto, motions and

13 appeals with respect thereto, and conference reports there14 on.

15 SEC. 456. The Committees on Governmental Affairs

16 and on Rules and Administration of the Senate and the

17 Committees on Government Operations and on Rules of

18 the House of Representatives shall review the operation

19 of the procedures established by this title, and shall submit

20 a report not later than December 31, 1998, and each five

21 years thereafter, setting forth their findings and rec22 ommendations. Such reviews and reports may be con23 ducted jointly.

24 SEC. 457. There are authorized to be appropriated

25 for bienniums ending before October 1, 2002, such sums
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1 as may be necessary to carry out the review requirement

2 of subtitles A and C and the requirements for the compila3 tion of the inventory of Federal programs as set forth in

4 subtitle D.

5 TITLE V—EXPEDITED

6 RESCISSION AUTHORITY

7 SEC. 501. EXPEDITED CONSIDERATION OF CERTAIN PRO8 POSED RESCISSIONS.

9 (a) IN GENERAL.—Part B of title X of the Congres10 sional Budget and Impoundment Control Act of 1974 (2

11 U.S.C. 681 et seq.) is amended by redesignating sections

12 1013 through 1017 as sections 1014 through 1018, re13 spectively, and inserting after section 1012 the following

14 new section:

15 ‘‘EXPEDITED CONSIDERATION OF CERTAIN PROPOSED

16 RESCISSIONS

17 ‘‘SEC. 1013. (a) PROPOSED RESCISSION OF BUDGET

18 AUTHORITY.—In addition to the method of rescinding

19 budget authority specified in section 1012, the President

20 may propose, at the time and in the manner provided in

21 subsection (b), the rescission of all or part of any budget

22 authority provided in an appropriations Act.

23 ‘‘(b) TRANSMITTAL OF SPECIAL MESSAGE.—

24 ‘‘(1) Not later than 10 days after the date on

25 which the President approves an appropriation Act,

26 the President may—
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1 ‘‘(A) transmit to the Congress one or more

2 special messages proposing to rescind specific

3 line item amounts of budget authority provided

4 in that Act; and

5 ‘‘(B) transmit with each separate special

6 message a draft bill or joint resolution that, if

7 enacted, would rescind that specific budget

8 authority.

9 ‘‘(2) Each special message referred to in para10 graph (1) shall be limited to a single item of rescis11 sion of budget authority. If the bill or resolution en12 acted contains more than a single item of rescission,

13 the President shall transmit as many separate mes14 sages as there are items of rescission.

15 ‘‘(3) Each special message shall specify, with

16 respect to the budget authority proposed to be re17 scinded, the matters referred to in paragraphs (1)

18 through (5) of section 1012(a).

19 ‘‘(c) PROCEDURES FOR EXPEDITED CONSIDER20 ATION.—

21 ‘‘(1)(A) On the date on which a special message

22 is transmitted to the Congress under subsection (b),

23 or as soon thereafter as possible, the majority leader

24 or minority leader of the House of the Congress in

25 which the appropriation Act involved first originated
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1 shall introduce (by request) the draft bill or joint

2 resolution accompanying that special message. If the

3 bill or joint resolution is not introduced as provided

4 in the preceding sentence, then any Member of that

5 House may introduce the bill or joint resolution.

6 ‘‘(B) The bill or joint resolution shall be re7 ferred to the Committee on Appropriations of that

8 House. The committee shall report the bill or joint

9 resolution without substantive revision and with or

10 without recommendation. The bill or joint resolution

11 shall be reported not later than the end of the period

12 (not to exceed 7 days) established for consideration

13 of the bill or joint resolution by the Speaker of the

14 House of Representatives or the majority leader of

15 the Senate, as the case may be. A committee failing

16 to report the bill or joint resolution within such pe17 riod shall be automatically discharged from consider18 ation of the bill or joint resolution, and the bill or

19 joint resolution shall be placed on the appropriate

20 calendar.

21 ‘‘(C) A vote on final passage of the bill or joint

22 resolution shall be taken in that House on or before

23 the close of the 10th calendar day of continuous ses24 sion of the Congress after the date of the introduc25 tion of the bill or joint resolution in that House. If
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1 the bill or joint resolution is agreed to, the Clerk of

2 the House of Representatives (in the case of a bill

3 or joint resolution agreed to in the House of Rep4 resentatives) or the Secretary of the Senate (in the

5 case of a bill or joint resolution agreed to in the

6 Senate) shall cause the bill or joint resolution to be

7 engrossed, certified, and transmitted to the other

8 House of the Congress on the same calendar day on

9 which the bill or joint resolution is agreed to.

10 ‘‘(2)(A) A bill or joint resolution transmitted to

11 the House of Representatives or the Senate pursu12 ant to paragraph (1)(C) shall be referred to the

13 Committee on Appropriations of that House. The

14 committee shall report the bill or joint resolution

15 without substantive revision and with or without rec16 ommendation. The bill or joint resolution shall be re17 ported not later than the end of the period (not to

18 exceed 7 days) established for consideration of the

19 bill or joint resolution by the Speaker of the House

20 of Representatives or the majority leader of the Sen21 ate, as the case may be. A committee failing to re22 port the bill or joint resolution within such period

23 shall be automatically discharged from consideration

24 of the bill or joint resolution, and the bill or joint
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1 resolution shall be placed upon the appropriate

2 calendar.

3 ‘‘(B) A vote on final passage of a bill or joint

4 resolution transmitted to that House shall be taken

5 on or before the close of the 10th calendar day of

6 continuous session of the Congress after the date on

7 which the bill or joint resolution is transmitted. If

8 the bill or joint resolution is agreed to in that

9 House, the Clerk of the House of Representatives

10 (in the case of a bill or joint resolution agreed to in

11 the House of Representatives) or the Secretary of

12 the Senate (in the case of a bill or joint resolution

13 agreed to in the Senate) shall cause the engrossed

14 bill or joint resolution to be returned to the House

15 in which the bill or joint resolution originated, to16 gether with a statement of the action taken by the

17 House acting under this paragraph.

18 ‘‘(3)(A) A motion in the House of Representa19 tives to proceed to the consideration of a bill or joint

20 resolution under this section shall be highly privi21 leged and not debatable. An amendment to the mo22 tion shall not be in order, nor shall it be in order

23 to move to reconsider the vote by which the motion

24 is agreed to or disagreed to.
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1 ‘‘(B) Debate in the House of Representatives

2 on a bill or joint resolution under this section shall

3 be limited to not more than 1 hour, which shall be

4 divided equally between those favoring and those op5 posing the bill or joint resolution. A motion further

6 to limit debate shall not be debatable and shall re7 quire an affirmative vote of two-thirds of the Mem8 bers voting, a quorum being present. It shall not be

9 in order to move to recommit a bill or joint resolu10 tion under this section or to move to reconsider the

11 vote by which the bill or joint resolution is agreed

12 to or disagreed to.

13 ‘‘(C) All appeals from the decisions of the Chair

14 relating to the application of the Rules of the House

15 of Representatives to the procedure relating to a bill

16 or joint resolution under this section shall be decided

17 without debate.

18 ‘‘(D) Except to the extent specifically provided

19 in the preceding provisions of this subsection, con20 sideration of a bill or joint resolution under this sec21 tion shall be governed by the Rules of the House of

22 Representatives applicable to other bills and joint

23 resolutions in similar circumstances.

24 ‘‘(4)(A) A motion in the Senate to proceed to

25 the consideration of a bill or joint resolution under
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1 this section shall be privileged and not debatable. An

2 amendment to the motion shall not be in order, nor

3 shall it be in order to move to reconsider the vote

4 by which the motion is agreed to or disagreed to.

5 ‘‘(B) Debate in the Senate on a bill or joint res6 olution under this section, and all debatable motions

7 and appeals in connection therewith, shall be limited

8 to not more than 1 hour. The time shall be equally

9 divided between, and controlled by, the majority

10 leader and the minority leader or their designees.

11 ‘‘(C) Debate in the Senate on any debatable

12 motion or appeal in connection with a bill or joint

13 resolution under this section shall be limited to not

14 more than 1 hour, to be equally divided between,

15 and controlled by, the mover and the manager of the

16 bill or joint resolution, except that in the event the

17 manager of the bill or joint resolution is in favor of

18 any such motion or appeal, the time in opposition

19 thereto, shall be controlled by the minority leader or

20 his designee. Such leaders, or either of them, may,

21 from time under their control on the passage of a

22 bill or joint resolution, allot additional time to any

23 Senator during the consideration of any debatable

24 motion or appeal.
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1 ‘‘(D) A motion in the Senate to further limit

2 debate on a bill or joint resolution under this section

3 is not debatable. A motion to recommit a bill or joint

4 resolution under this section is not in order.

5 ‘‘(d) AMENDMENTS PROHIBITED.—No amendment

6 to a bill or joint resolution considered under this section

7 shall be in order in either the House of Representatives

8 or the Senate. No motion to suspend the application of

9 this subsection shall be in order in either House, nor shall

10 it be in order in either House for the Presiding Officer

11 to entertain a request to suspend the application of this

12 subsection by unanimous consent.

13 ‘‘(e) REQUIREMENT TO MAKE AVAILABLE FOR OBLI14 GATION.—Any amount of budget authority proposed to be

15 rescinded in a special message transmitted to the Congress

16 under subsection (b) shall be made available for obligation

17 after the date on which the Congress fails to pass the bill

18 or joint resolution transmitted with that special message.

19 ‘‘(f) APPROPRIATION ACT DEFINED.—For purposes

20 of this section, the term ‘appropriation Act’ means any

21 general or special appropriation Act, and any Act or joint

22 resolution making supplemental, deficiency, or continuing

23 appropriations.’’.

24 (b) EXERCISE OF RULEMAKING POWERS.—Section

25 904 of such Act (2 U.S.C. 621 note) is amended—
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1 (1) by striking out ‘‘and 1017’’ in subsection

2 (a) and inserting in lieu thereof ‘‘1013, and 1018’’;

3 and

4 (2) by striking out ‘‘section 1017’’ in subsection

5 (d) and inserting in lieu thereof ‘‘sections 1013 and

6 1018’’.

7 (c) CONFORMING AMENDMENTS.—

8 (1) Paragraph (5) of section 1011 of such Act

9 (2 U.S.C. 682(5)) is amended—

10 (A) by striking out ‘‘1012, and’’ and in11 serting in lieu thereof ‘‘1012, the time periods

12 referred to in subsections (c) and (d) of section

13 1013, and’’;

14 (B) by striking out ‘‘1012 during’’ and in15 serting in lieu thereof ‘‘1012 or 1013 during’’;

16 (C) by striking out ‘‘of 45’’ and inserting

17 in lieu thereof ‘‘of the applicable number of’’;

18 and

19 (D) by striking out ‘‘45-day period re20 ferred to in paragraph (3) of this section and

21 in section 1012’’ and inserting in lieu thereof

22 ‘‘period or periods of time applicable under

23 such section’’.

24 (2) Such section is further amended—
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1 (A) in paragraph (4), by striking out

2 ‘‘1013’’ and inserting in lieu thereof ‘‘1014’’;

3 and

4 (B) in paragraph (5)—

5 (i) by striking out ‘‘1016’’ and insert6 ing in lieu thereof ‘‘1017’’; and

7 (ii) by striking out ‘‘1017(b)(1)’’ and

8 inserting in lieu thereof ‘‘1018(b)(1)’’.

9 (3) Section 1015 of such Act (as redesignated

10 by section 3(a)) (2 U.S.C. 685) is amended—

11 (A) by striking out ‘‘1012 or 1013’’ each

12 place it appears and inserting in lieu thereof

13 ‘‘1012, 1013, or 1014’’;

14 (B) in subsection (b)(1), by striking out

15 ‘‘1012’’ and inserting in lieu thereof ‘‘1012 or

16 1013’’;

17 (C) in subsection (b)(2), by striking out

18 ‘‘1013’’ and inserting in lieu thereof ‘‘1014’’;

19 and

20 (D) in subsection (e)(2)—

21 (i) by striking out ‘‘and’’ at the end of

22 subparagraph (A);

23 (ii) by redesignating subparagraph

24 (B) as subparagraph (C);
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1 (iii) by striking out ‘‘1013’’ in sub2 paragraph (C) (as so redesignated) and in3 serting in lieu thereof ‘‘1014’’; and

4 (iv) by inserting after subparagraph

5 (A) the following new subparagraph:

6 ‘‘(B) he has transmitted a special message

7 under section 1013 with respect to a proposed

8 rescission; and’’.

9 (4) Section 1016 of such Act (as redesignated

10 by section 3(a)) (2 U.S.C. 686) is amended by strik11 ing out ‘‘1012 or 1013’’ each place it appears and

12 inserting in lieu thereof ‘‘1012, 1013, or 1014’’.

13 (d) CLERICAL AMENDMENTS.—The table of sections

14 for subpart B of title X of such Act is amended—

15 (1) by redesignating the items relating to sec16 tions 1013 through 1017 as items relating to sec17 tions 1014 through 1018; and

18 (2) by inserting after the item relating to sec19 tion 1012 the following new item:

‘‘Sec. 1013. Expedited consideration of certain proposed rescissions.’’.

20 SEC. 502. APPLICATION.

21 Section 1013 of the Congressional Budget and Im22 poundment Control Act of 1974 (as added by section 501

23 of this Act) shall apply to amounts of budget authority

24 provided by appropriation Acts (as defined in subsection
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1 (f)(2) of such section) that are enacted after the date of

2 the enactment of this Act.

3 TITLE VI—PERFORMANCE4 BASED BUDGETING

5 SEC. 601. FINDINGS AND PURPOSES.

6 (a) FINDINGS.—The Congress finds that—

7 (1) despite major efforts by the Congress and

8 the Executive Branch to improve the financial man9 agement of the Federal Government, unacceptable

10 waste and mismanagement persists in Federal pro11 grams;

12 (2) waste and mismanagement place an intoler13 able burden on the limited resources of important

14 Federal programs, reducing the ability of such pro15 grams to adequately address vital needs;

16 (3) much of the public’s opposition to increased

17 taxes is based on a belief that taxpayers are not get18 ting full value for their tax dollar;

19 (4) because financial management systems

20 focus on how money is spent, but not on how well

21 it is spent and the value received for it, the Federal

22 Government is handicapped in its ability to identify

23 wasteful or ineffective programs; and

24 (5) the Congress is further handicapped in its

25 ability to conduct adequate and thorough oversight
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1 of Federal programs, because few programs have

2 measurable goals against which to track and com3 pare performance.

4 (b) PURPOSES.—The purposes of this title are—

5 (1) to strengthen Government accountability by

6 showing the American taxpayers what results to ex7 pect for their tax dollars when a program is funded,

8 and what results the taxpayers actually receive;

9 (2) to improve congressional oversight and the

10 uncovering of waste and mismanagement, by requir11 ing that measurable performance standards and

12 goals be established for all Federal programs and

13 that each Federal department and agency issue an

14 annual program performance report showing pro15 gram accomplishment;

16 (3) to free additional resources for vital Federal

17 programs, by reducing waste, reforming or eliminat18 ing ineffective programs, and allowing the targeting

19 of funds to those programs achieving the best re20 sults;

21 (4) to change the Federal budget from a politi22 cal document into a policy-making and management

23 tool, by requiring that the budget incorporate a per24 formance standards and goals plan for Federal

25 spending.
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1 SEC. 602. PERFORMANCE STANDARDS AND GOALS PLANS.

2 (a) BUDGET CONTENTS AND SUBMISSION TO CON3 GRESS.—Section 1105(a) of title 31, United States Code,

4 is amended by adding at the end thereof the following new

5 paragraph:

6 ‘‘(29) a Federal performance standards and

7 goals plan for the overall budget as provided for

8 under section 1115.’’.

9 (b) PERFORMANCE STANDARDS AND GOALS

10 PLANS.—Chapter 11 of title 31, United States Code, is

11 amended by adding after section 1114 the following new

12 sections:

13 ‘‘§ 1115. Performance standards and goals plans

14 ‘‘(a) In carrying out the provisions of section

15 1105(a)(29), the Office of Management and Budget shall

16 promulgate regulations requiring each department and

17 agency to establish a performance standards and goals

18 plan for each major expenditure category of the budget

19 of such department or agency. Such plan shall—

20 ‘‘(1) establish performance indicators to be used

21 to define and measure the outputs, products, serv22 ices, and results of each expenditure allocated;

23 ‘‘(2) establish performance standards and goals

24 to define and measure the specific service or product

25 to be achieved or produced for the expenditure allo26 cated;
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1 ‘‘(3) express such standards and goals in an ob2 jective, quantifiable, and measurable form unless

3 permitted in an alternative form under subsection

4 (b);

5 ‘‘(4) establish major expenditure categories of

6 related functions of such agency or department for

7 the analysis of performance standards and goals;

8 ‘‘(5) include actual program results compared

9 with original performance standards and goals, inte10 grated with program cost information, to show

11 trends in costs per unit-of-result, unit-of-service, or

12 other unit-of-output;

13 ‘‘(6) review the success of achieving the per14 formance standards and goals of the preceding bien15 nium; and

16 ‘‘(7) evaluate the performance standards and

17 goals for the biennium relative to the results

18 achieved for the performance standards and goals in

19 the preceding biennium.

20 ‘‘(b) If the Office of Management and Budget deter21 mines that it is not feasible to express the performance

22 standards and goals of a particular program in an expend23 iture category in an objective and quantifiable form, the

24 Office of Management and Budget may authorize an alter-
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1 native form. Such alternative form shall include separate

2 descriptive statements of both—

3 ‘‘(1) a minimally effective program, and

4 ‘‘(2) a successful program,

5 with sufficient precision and in such terms that would

6 allow for an accurate, independent determination of

7 whether the program’s performance meets the criteria of

8 either description.

9 ‘‘(c) The Office of Management and Budget shall re10 view and adjust the department and agency plans estab11 lished under subsection (a) and establish an overall per12 formance standards and goals plan for the Federal Gov13 ernment.

14 ‘‘§ 1116. Program performance reports

15 ‘‘(a) By December 31 of each odd-numbered year, the

16 head of each department and agency shall prepare and

17 submit to the President and the Congress, a report on the

18 program performance for the previous biennium.

19 ‘‘(b) Each program performance report shall enumer20 ate all performance indicators established in the depart21 mental or agency performance standards and goals plan,

22 along with the performance goals and the actual results

23 achieved for the previous biennium and the goals for the

24 current biennium. Program costs and, where applicable,

25 trends in costs per unit-of-result, unit-of-service, or other
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1 unit-of-output shall be shown. Where the performance

2 standards and goals are specified by descriptive state3 ments of a minimally effective program and a successful

4 program, the results of such program shall be described

5 in relationship to those categories, including whether the

6 results failed to meet the criteria of either category.

7 ‘‘(c) Where a performance standard or goal has not

8 been met, including when a program’s results are not de9 termined to have met the criteria of a successful program,

10 the report shall explain—

11 ‘‘(1) why the goal was not met, including an in12 dication of any managerial deficiencies or of any

13 legal obstacles;

14 ‘‘(2) plans and schedule for achieving the estab15 lished performance goal;

16 ‘‘(3) recommended legislative or regulatory

17 changes necessary to achieve the goal; and

18 ‘‘(4) if the performance standard or goal is im19 practical or infeasible, why that is the case and what

20 action is recommended, including whether the goal

21 should be changed or the program altered or elimi22 nated.

23 ‘‘(d) By December 31 of each odd-numbered year, the

24 Office of Management and Budget shall prepare and sub25 mit to the President and the Congress, a report on all
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1 tax expenditures that reduced revenues by at least $2 bil2 lion in the previous biennium.’’.

3 (c) TECHNICAL AND CONFORMING AMENDMENT.—

4 The table of sections for chapter 11 of title 31, United

5 States Code, is amended by adding after the item relating

6 to section 1114 the following new items:

‘‘1115. Performance standards and goals plans.

‘‘1116. Program performance reports.’’.

7 SEC. 603. CONGRESSIONAL ESTABLISHMENT OF PERFORM8 ANCE STANDARDS AND GOALS.

9 (a) IN GENERAL.—It shall not be in order for either

10 the House of Representatives or the Senate to consider

11 any bill or resolution (or amendment thereto) which pro12 vides for the authorization of appropriations or for the ap13 propriation of funds, unless such bill or resolution (or

14 amendment thereto) specifies performance standards and

15 goals for such authorization or appropriation.

16 (b) PERFORMANCE STANDARDS AND GOALS.—(1)

17 The program performance standards and goals required

18 under subsection (a) shall—

19 (A) specify either—

20 (i) objective, quantifiable, and measurable

21 standards and goals expected to be achieved, or

22 (ii) separate descriptive statements of a

23 minimally effective program and of a successful

24 program, with sufficient precision and in such
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1 terms that would allow for an accurate, inde2 pendent determination of whether the pro3 gram’s performance meets the criteria of either

4 description;

5 (B) include indicators of cost per unit-of-result,

6 unit-of-service, or other unit-of-output, of the type

7 specified in the legislation authorizing the appropria8 tion or relevant program; and

9 (C) be established after review of the plan es10 tablished under section 1115 of title 31, United

11 States Code.

12 (2) An appropriation Act may specify a lesser amount

13 of a performance standard or goal to be achieved than is

14 provided by the authorizing legislation, but may not

15 change the specific type of standard or goal.

16 (c) WAIVER.—This section may be waived or sus17 pended in the Senate only by the affirmative vote of three18 fifths of the Members, duly chosen and sworn, and in the

19 House of Representatives only by resolution reported by

20 the Committee on Rules and adopted by the House.
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1 TITLE VII—INCREMENTAL2 BASED BUDGETING

3 SEC. 701. INCREMENTAL-BASED BUDGETING

4 (a) INCREMENTAL-BASED BUDGETING REGULA5 TIONS.—Section 1109 of chapter 11 of title 31, United

6 States Code, is amended to read as follows:

7 ‘‘§ 1109. Incremental-based budgeting

8 ‘‘(a) The Office of Management and Budget shall

9 promulgate regulations requiring each department and

10 agency to require that—

11 ‘‘(1) officers and employees who submit budgets

12 to the head of that department or agency—

13 ‘‘(A) be required to submit at least 2 budg14 ets: one that sets forth spending at least 5 per15 cent lower than the prior biennium’s budget

16 and the other that sets forth spending at least

17 15 percent lower than the prior biennium’s

18 budget; and

19 ‘‘(B) in such budgets detail specific gains

20 and losses of project performance at each such

21 incremental budget level as compared to other

22 proposed budget levels; and

23 ‘‘(2) the head of each department or agency

24 submit to the Office of Management and Budget at

25 least one budget for that department or agency that
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1 sets forth spending at least 10 percent lower than

2 the prior biennium’s budget.

3 ‘‘(b) Whenever the Office of Management and Budget

4 reports an estimated budget deficit under section 105(a)

5 of the Comprehensive Budget Process Reform Act of

6 1993, not later than October 15 of that calendar year,

7 the President shall submit to Congress a report that would

8 either—

9 ‘‘(1) recommend specific changes in outlays or

10 revenues sufficient to eliminate that deficit, or

11 (2) recommend waiver of the requirement to

12 eliminate that deficit.’’.

13 (b) TECHNICAL AND CONFORMING AMENDMENT.—

14 The item relating to section 1109 in the table of sections

15 for chapter 11 of title 31, United States Code, is amended

16 to read as follows:

‘‘1109. Incremental-based budgeting.’’.

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