I

103D CONGRESS

1ST SESSION H. R. 10

To require reauthorizations of budget authority for Government programs

at least every ten years, to provide for review of Government programs

at least every ten years, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 5, 1993

Mr. MINETA (for himself and Mr. GEPHARDT) introduced the following bill;

which was referred jointly to the Committees on Government Operations

and Rules

A BILL

To require reauthorizations of budget authority for Government programs at least every ten years, to provide for

review of Government programs at least every ten years,

and for other purposes.

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

3 That this Act may be cited as the ‘‘Sunset Act of 1993’’.

4 SEC. 2. The purposes of this Act are—

5 (1) to require that most Government programs

6 be reauthorized according to a schedule at least once

7 every ten years;
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1 (2) to limit the length of time for which Gov2 ernment programs can be authorized to ten years;

3 (3) to bar the expenditure of funds for Govern4 ment programs which have not been provided for by

5 a law enacted during the ten-year sunset reauthor6 ization cycle; and

7 (4) to encourage the reexamination of selected

8 Government programs each Congress.

9 SEC. 3. (a) For purposes of this Act—

10 (1) The term ‘‘budget authority’’ has the mean11 ing given to it by section 3(2) of the Congressional

12 Budget Act of 1974.

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

14 means budget authority provided for an indefinite

15 period of time or an unspecified number of fiscal

16 years which does not require recurring action by the

17 Congress, but does not include budget authority pro18 vided for a specified fiscal year which is available for

19 obligation or expenditure in one or more succeeding

20 fiscal years.

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

22 Comptroller General of the United States.

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

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

25 States Code, except that such term includes the
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1 United States Postal Service and the Postal Rate

2 Commission but does not include the General Ac3 counting Office.

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

5 means the period of five Congresses beginning with

6 the One Hundred Fourth Congress and with each

7 sixth Congress following the One Hundred Fourth

8 Congress.

9 (b) For purposes of this Act, each program (including

10 any program exempted by a provision of law from inclu11 sion in the Budget of the United States) shall be assigned

12 to the functional and subfunctional categories to which it

13 is assigned in the Budget of the United States Govern14 ment, fiscal year 1993. Each committee of the Senate or

15 the House of Representatives which reports any bill or res16 olution which authorizes the enactment of new budget au17 thority for a program not included in the fiscal year 1993

18 budget shall include, in the committee report accompany19 ing such bill or resolution (and, where appropriate, the

20 conferees shall include in their joint statement on such bill

21 or resolution), a statement as to the functional and

22 subfunctional category to which such program is to be as23 signed.
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1 (c) For purposes of titles I, II, and III of this Act,

2 the reauthorization date applicable to a program is the

3 date specified for such program under section 101(b).

4 TITLE I—REAUTHORIZATION OF GOVERNMENT

5 PROGRAMS

6 SEC. 101. (a) Each Government program (except

7 those listed in section 103) shall be reauthorized at least

8 once during each sunset reauthorization cycle during the

9 Congress in which the reauthorization date applicable to

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

11 (b) The first reauthorization date applicable to a Gov12 ernment program is the date specified in the following

13 table, and each subsequent reauthorization date applicable

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

15 reauthorization date:

Programs included within subfunctional category First reauthorization

date

254 Space, Science, Applications and Technology September 30, 1994.

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, 1996.

053 Atomic Energy Defense Activities.

154 Foreign Information and Exchange Act.

251 General Science and Basic Research.

306 Other Natural Resources.
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Programs included within subfunctional category First reauthorization

date

351 Farm Income Stabilization.

401 Ground Transportation.

502 Higher Education.

553 Education and Training of Health Care

Work Force.

701 Income Security for Veterans.

752 Federal Litigative and Judicial Activities.

802 Executive Director and Management.

803 Central Fiscal Operations.

054 Defense Related Activities September 30, 1998.

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, 2000.

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.

908 Other Interest.

151 Foreign Economic and Financial Assistance September 30, 2002.

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.

901 Interest on the Public Debt.
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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

5 period of more than ten fiscal years, for an indefinite pe6 riod, or (except during the Congress in which such next

7 reauthorization date occurs) for any fiscal year beginning

8 after the next reauthorization date applicable to such pro9 gram. Notwithstanding the preceding sentence, it shall be

10 in order to consider a bill or resolution for the purpose

11 of considering an amendment to the bill or resolution

12 which would make the authorization period conform to the

13 requirement of such sentence.

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

15 or the House of Representatives to consider any bill or

16 resolution, or amendment thereto, which provides new

17 budget authority for a program for any fiscal year begin18 ning after any reauthorization date applicable to such pro19 gram under subsection (b), unless the provision of such

20 new budget authority is specifically authorized by a law

21 which constitutes a required authorization for such pro22 gram.

23 (B) For the purposes of this title, the term ‘‘required

24 authorization’’ means a law authorizing the enactment of
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1 new budget authority for a program, which complies with

2 the provisions of paragraph (1).

3 (3) No new budget authority may be obligated or ex4 pended for a program for a fiscal year beginning after the

5 last fiscal year in a sunset reauthorization cycle unless a

6 provision of law providing for the expenditure of such

7 funds has been enacted during such sunset reauthorization

8 cycle.

9 (4) Any provision of law providing permanent budget

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

11 purpose of providing such budget authority) on the first

12 reauthorization date applicable to such program.

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

14 the House of Representatives to consider any bill or reso15 lution, or amendment thereto, which provides new budget

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

17 amendment thereto (or the report which accompanies such

18 bill or resolution), includes a specific reference to the pro19 vision of law which constitutes a required authorization

20 for such program. Notwithstanding the preceding sen21 tence, it shall be in order to consider a bill or resolution

22 for the purpose of considering an amendment which pro23 vides such reference to the appropriate provision of law.

24 SEC. 102. (a) It shall not be in order in either the

25 Senate or the House of Representatives to consider any
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1 bill or resolution, or amendment thereto, which has been

2 reported by a committee and which authorizes the enact3 ment of new budget authority for a program for a fiscal

4 year beginning after the next reauthorization date applica5 ble to such program, unless a reauthorization review of

6 such program has been completed during the Congress in

7 which the reauthorization date for such program occurs

8 (or during a subsequent Congress when such required au9 thorization is considered), and the report accompanying

10 such bill or resolution includes a separate section entitled

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

12 review, whether the program or the laws affecting such

13 program should be continued without change, continued

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

15 extent the committee or committees having jurisdiction

16 deem appropriate, each of the following matters:

17 (1) Information and analysis on the organiza18 tion, operation, costs, results, accomplishments, and

19 effectiveness of the program.

20 (2) An identification of any other programs

21 having similar objectives, and a justification of the

22 need for the proposed program in comparison with

23 those other programs which may be potentially con24 flicting or duplicative.
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1 (3) An identification of the objectives intended

2 for the program, and the problems or needs which

3 the program is intended to address, including an

4 analysis of the performance expected to be achieved,

5 based on the bill or resolution as reported.

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

7 authority which was authorized for the program in

8 each of the previous four fiscal years and the

9 amount of new budget authority provided in each

10 such year.

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

12 the House of Representatives to consider a bill or resolu13 tion, or amendment thereto, which authorizes the enact14 ment of new budget authority for a program for which

15 there previously has been no such authorization unless the

16 report accompanying such bill or resolution sets forth, to

17 the extent that the committee or committees having juris18 diction deem appropriate, the information specified in sub19 sections (a)(2) and (a)(3).

20 (c) Each committee having legislative jurisdiction

21 over a program referred to in section 103 shall conduct

22 a review of such program of the type described in sub23 section (a) of this section at least once during each sunset

24 reauthorization cycle, during the Congress in which the

25 reauthorization date applicable to such program occurs,
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1 and shall submit to the Senate or the House of Represent2 atives, as the case may be, a report containing its rec3 ommendations and other information of the type described

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

5 Senate or the House of Representatives to consider a bill

6 or resolution reported by the committee having legislative

7 jurisdiction which authorizes the enactment of new budget

8 authority for such program unless such report accom9 panies such bill or resolution, or has been submitted dur10 ing the Congress in which the reauthorization date for

11 such program occurred as provided in section 101(b),

12 whichever first occurs.

13 SEC. 103. Section 101(c) shall not apply to the

14 following:

15 (1) Programs included within functional cat16 egory 900 (Interest).

17 (2) Any Federal programs or activities to en18 force civil rights guaranteed by the Constitution of

19 the United States or to enforce antidiscrimination

20 laws of the United States, including but not limited

21 to the investigation of violations of civil rights, civil

22 or criminal litigation or the implementation or en23 forcement of judgments resulting from such litiga24 tion, and administrative activities in support of the

25 foregoing.
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1 (3) Programs which are related to the adminis2 tration of the Federal judiciary and which are classi3 fied in the fiscal year 1993 budget under

4 subfunctional category 752 (Federal litigative and

5 judicial activities).

6 (4) Payments of refunds of internal revenue col7 lections as provided in title I of the Supplemental

8 Treasury and Post Office Departments Appropria9 tion Act of 1949 (62 Stat. 561), but not to include

10 refunds to persons in excess of their tax payments.

11 (5) Programs included in the fiscal year 1993

12 budget in subfunctional categories 701 (Income se13 curity for veterans), 702 (Veterans education, train14 ing, and rehabilitation), 704 (Veterans housing), and

15 programs for providing health care which are in16 cluded in such budget in subfunctional category 703

17 (Hospital and medical care for veterans).

18 (6) Social Security and Federal employee retire19 ment programs including the following:

20 (A) Programs funded through trust funds

21 which are included with subfunctional cat22 egories 551 (Health care services), 601 (Gen23 eral retirement and disability insurance), or 602

24 (Federal employee retirement and disability).
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1 (B) Retirement pay and retired pay of

2 military personnel on the retired lists of the

3 Army, Navy, Marine Corps, and the Air Force,

4 including the Reserve components thereof, re5 tainer pay for personnel of the Inactive Fleet

6 Reserve; and payments under section 4 of Pub7 lic Law 92–425 and chapter 73 of title 10,

8 United States Code (survivor’s benefits), classi9 fied in the fiscal year 1993 budget in

10 subfunctional category 051 (Department of De11 fense—military).

12 (C) Retirement pay and medical benefits

13 for retired commissioned officers of the Coast

14 Guard, the Public Health Service Commissioned

15 Corps, and the National Oceanic and Atmos16 pheric Commissioned Corps and their survivors

17 and dependents, classified in the fiscal year

18 1993 budget in subfunctional category 551

19 (Health care services) or in subfunctional cat20 egory 306 (Other natural resources).

21 (D) Retired pay of military personnel of

22 the Coast Guard and Coast Guard Reserve,

23 members of the former Lighthouse Service, and

24 for annuities payable to beneficiaries of retired

25 military personnel under the retired service-
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1 man’s family protection plan (10 U.S.C. 1431–

2 1446) and survivor benefit plan (10 U.S.C.

3 1447–1455), classified in the fiscal year 1993

4 budget in subfunctional category 403 (Water

5 transportation).

6 (E) Payments to the Central Intelligence

7 Agency Retirement and Disability Fund, classi8 fied in fiscal year 1993 budget in subfunctional

9 category 054 (Defense-related activities).

10 (F) Payments to the Civil Service Retire11 ment and Disability Fund for financing un12 funded liabilities, classified in fiscal year 1993

13 budget in subfunctional category 805 (Central

14 personnel management).

15 (G) Payments to the Foreign Service Re16 tirement and Disability Fund, classified in fis17 cal year 1993 budget in subfunctional category

18 153 (Conduct of foreign affairs).

19 (H) Payments to the Federal Old-Age and

20 Survivors Insurance and the Federal Disability

21 Insurance Trust Funds, classified in fiscal year

22 1993 budget in various subfunctional cat23 egories.

24 (I) Administration of the retirement and

25 disability programs set forth in this section.
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1 SEC. 104. (a) It is the sense of the Congress that

2 all programs should be considered and reauthorized in

3 program categories which constitute major areas of legis4 lative policy. Such authorizations should be for sufficient

5 periods of time to enhance oversight and the review and

6 evaluation of Government programs.

7 (b) The reauthorization schedule contained in section

8 101(b) may be changed by concurrent resolution of the

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

10 schedule affecting permanent appropriations may be made

11 only by law).

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

13 resolutions, and bills proposing changes in section 101(b)

14 and all bills proposing changes in section 103, shall be

15 referred first to the committee with legislative jurisdiction

16 over any program affected by the proposal and sequen17 tially to the Committee on Rules in the House of Rep18 resentatives or to the Committee on Rules and Adminis19 tration in the Senate.

20 (d) Except as provided in subsection (f), the Commit21 tee on Rules in the House of Representatives or the Com22 mittee on Rules and Administration in the Senate shall

23 report with its recommendations any concurrent resolution

24 or bill referred to it under subsection (c) and which pre25 viously has been reported favorably by a committee of leg-
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1 islative jurisdiction within thirty days (not counting any

2 day on which the Senate or the House of Representatives

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

4 day on which such resolution or bill is so referred.

5 (e) The recommendations of the Committee on Rules

6 or the Committee on Rules and Administration pursuant

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

8 of the following matters:

9 (1) The effect the proposed change would have

10 on the sunset reauthorization schedule.

11 (2) The effect the proposed change would have

12 on the jurisdictional and reauthorization responsibil13 ities and workloads of the authorizing committees

14 of Congress.

15 (3) Any suggested grouping of similar programs

16 which would further the goals of this Act to make

17 more effective comparisons between programs having

18 like objectives.

19 (f) Any concurrent resolution or bill proposing a

20 change in section 101(b) or 103 shall be referred in the

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

22 the Committee on Rules and Administration. Such com23 mittee shall report an omnibus concurrent resolution or

24 bill containing its recommendations regarding the pro25 posed changes and consideration of such bill or resolution
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1 shall be highly privileged in the House of Representatives

2 and privileged in the Senate. The provisions of subsections

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

4 Act of 1974, insofar as they relate to consideration of re5 scission bills, shall apply to the consideration of concur6 rent resolutions and bills proposing changes reported pur7 suant to this subsection, amendments thereto, motions

8 and appeals with respect thereto, and conference reports

9 thereon.

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

11 of Representatives to consider a bill or resolution reported

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

13 a reauthorization date for a program beyond the final re14 authorization date of the sunset reauthorization cycle then

15 in progress. Notwithstanding the preceding sentence, it

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

17 purpose of considering an amendment which meets the re18 quirements of this subsection.

19 TITLE II—PROGRAM INVENTORY

20 SEC. 201. (a) The Comptroller General and the Di21 rector of the Congressional Budget Office, in cooperation

22 with the Director of the Congressional Research Service,

23 shall prepare an inventory of Federal programs (hereafter

24 in this title referred to as the ‘‘program inventory’’).
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1 (b) The purpose of the program inventory is to advise

2 and assist the Congress in carrying out the requirements

3 of titles I and III. Such inventory shall not in any way

4 bind the committees of the Senate or the House of Rep5 resentatives with respect to their responsibilities under

6 such titles and shall not infringe on the legislative and

7 oversight responsibilities of such committees. The Comp8 troller General shall compile and maintain the inventory,

9 and the Director of the Congressional Budget Office shall

10 provide budgetary information for inclusion in the inven11 tory.

12 (c) Not later than January 1, 1994, the Comptroller

13 General, after consultation with the Director of the Con14 gressional Budget Office and the Director of the Congres15 sional Research Service, shall submit the program inven16 tory to the Senate and House of Representatives.

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

18 Comptroller General, after consultation and in cooperation

19 with and consideration of the views and recommendations

20 of the Director of the Congressional Budget Office, shall

21 group programs into program areas appropriate for the

22 exercise of the review and reexamination requirements of

23 this Act. Such groupings shall identify program areas in

24 a manner which classifies each program in only one func25 tional and only one subfunctional category and which is
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1 consistent with the structure of national needs, agency

2 missions, and basic programs developed pursuant to sec3 tion 1105 of title 31, United States Code.

4 (e) The program inventory shall set forth for each

5 program each of the following matters:

6 (1) The specific provision or provisions of law

7 authorizing the program.

8 (2) The committees of the Senate and the

9 House of Representatives which have legislative or

10 oversight jurisdiction over the program.

11 (3) A brief statement of the purpose or pur12 poses to be achieved by the program.

13 (4) The committees which have jurisdiction over

14 legislation providing new budget authority for the

15 program, including the appropriate subcommittees of

16 the Committees on Appropriations of the Senate and

17 the House of Representatives.

18 (5) The agency and, if applicable, the subdivi19 sion thereof responsible for administering the pro20 gram.

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

22 program to State and local governments.

23 (7) The next reauthorization date for the pro24 gram.
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1 (8) A unique identification number which links

2 the program and functional category structure.

3 (9) The year in which the program was origi4 nally established and, where applicable, the year in

5 which the program expires.

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

7 budget authority for the program was last author8 ized and the year in which current authorizations of

9 new budget authority expire.

10 (f) The inventory shall contain a separate tabular list11 ing of programs which are not required to be reauthorized

12 pursuant to section 101(c).

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

14 whether the new budget authority provided for such pro15 grams is—

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

17 (2) authorized in a specific dollar amount but

18 without limit of time;

19 (3) authorized without limit of time or dollar

20 amounts;

21 (4) not specifically authorized; or

22 (5) permanently provided,

23 as determined by the Director of the Congressional

24 Budget Office.
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1 (h) For each program or group of programs, the pro2 gram inventory also shall include information prepared by

3 the Director of the Congressional Budget Office indicating

4 each of the following matters:

5 (1) The amounts of new budget authority au6 thorized and provided for the program for each of

7 the preceding four fiscal years and, where applicable,

8 the four succeeding fiscal years.

9 (2) The functional and subfunctional category

10 in which the program is presently classified and was

11 classified under the fiscal year 1991 budget.

12 (3) The identification code and title of the ap13 propriation account in which budget authority is

14 provided for the program.

15 SEC. 202. The General Accounting Office, the Con16 gressional Research Service, and the Congressional Budg17 et Office shall permit the mutual exchange of available in18 formation in their possession which would aid in the com19 pilation of the program inventory.

20 SEC. 203. The Office of Management and Budget,

21 and the Executive agencies and the subdivisions thereof

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

23 General Accounting Office with assistance requested by

24 the Comptroller General in the compilation of the program

25 inventory.
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1 SEC. 204. Each committee of the Senate and the

2 House of Representatives, the Congressional Budget Of3 fice, and the Congressional Research Service shall review

4 the program inventory as submitted under section 201 and

5 not later than March 1, 1994, each shall advise the Comp6 troller General of any revisions in the composition or iden7 tification of programs and groups of programs which it

8 recommends. After full consideration of the reports of all

9 such committees and officials, the Comptroller General in

10 consultation with the committees of the Senate and the

11 House of Representatives shall report, not later than May

12 1, 1994, a revised program inventory to the Senate and

13 the House of Representatives.

14 SEC. 205. (a) The Comptroller General, after the

15 close of each session of the Congress, shall revise the pro16 gram inventory and report the revisions to the Senate and

17 the House of Representatives.

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

19 the Director of the Congressional Budget Office shall pre20 pare a report, for inclusion in the revised inventory, with

21 respect to each program included in the program inventory

22 and each program established by law during such session,

23 which includes the amount of the new budget authority

24 authorized and the amount of new budget authority pro25 vided for the current fiscal year and each of the five suc-
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1 ceeding fiscal years. If new budget authority is not author2 ized or provided or is authorized or provided for an indefi3 nite amount for any of such five succeeding fiscal years

4 with respect to any program, the Director shall make pro5 jections of the amounts of such new budget authority nec6 essary to be authorized or provided for any such fiscal year

7 to maintain a current level of services.

8 (c) Not later than one year after the first or any sub9 sequent reauthorization date, the Director of the Congres10 sional Budget Office, in consultation with the Comptroller

11 General and the Director of the Congressional Research

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

13 to all programs subject to such reauthorization date for

14 which new budget authority was not authorized. The Di15 rector of the Congressional Budget Office shall include

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

17 committees with legislative jurisdiction over the affected

18 programs shall study the affected provisions and make any

19 recommendations they deem to be appropriate with regard

20 to such provisions to the Senate and the House of Rep21 resentatives.

22 SEC. 206. The Director of the Congressional Budget

23 Office and the Comptroller General shall include in their

24 respective reports to the Congress pursuant to section

25 202(f) of the Congressional Budget Act of 1974 and sec-
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1 tion 719 of title 31, United States Code, an assessment

2 of the adequacy of the functional and subfunctional cat3 egories contained in section 101(b) of this Act for group4 ing programs of like missions or objectives.

5 SEC. 207. (a) The Director of the Congressional

6 Budget Office shall tabulate and issue an annual report

7 on the progress of congressional action on bills and resolu8 tions reported by a committee of either House or passed

9 by either House which authorize the enactment of new

10 budget authority for programs.

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

12 for the fiscal year beginning October 1 and the succeeding

13 four fiscal years of the amounts of budget authority (1)

14 authorized by law or proposed to be authorized in any bill

15 or resolution reported by any committee of the Senate or

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

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

18 the five fiscal years, the amounts necessary to maintain

19 a current level of services for programs in the inventory.

20 (c) The Director of the Congressional Budget Office

21 shall issue periodic reports on the programs and the provi22 sions of laws which are scheduled for reauthorization in

23 each Congress pursuant to the reauthorization schedule

24 in section 101(b). In these reports, the Director shall iden25 tify each provision of law which authorizes the enactment
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1 of new budget authority for programs scheduled for reau2 thorization and the title of the appropriation bill, or part

3 thereof, which would provide new budget authority pursu4 ant to each authorization.

5 TITLE III—PROGRAM REEXAMINATION

6 SEC. 301. (a) Each committee of the Senate and the

7 House of Representatives periodically shall provide

8 through the procedures established in section 302, for the

9 conduct of a comprehensive reexamination of selected pro10 grams or groups of programs over which it has jurisdic11 tion.

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

13 reexamination, each committee shall consider each of the

14 following matters:

15 (1) The extent to which substantial time has

16 passed since the program or group of programs has

17 been in effect.

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

19 programs appears to require significant change.

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

21 toward undertaking reexaminations across a broad

22 range of programs.

23 (4) The desirability of examining related pro24 grams concurrently.
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1 SEC. 302. (a)(1) The funding resolution first re2 ported by each committee of the Senate in 1995, and

3 thereafter for the first session of each Congress, shall in4 clude, and the first funding resolution introduced by each

5 committee of the House of Representatives (and referred

6 to the Committee on House Administration) for such year

7 and thereafter for the first session of each Congress shall

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

9 reexamination of programs under this title. Such plan

10 shall include each of the following matters:

11 (A) The programs to be reexamined and the

12 reasons for their selection.

13 (B) The scheduled completion date for each

14 program reexamination, which date shall not be later

15 than the end of the Congress preceding the Congress

16 in which the reauthorization date applicable to a

17 program occurs as provided in section 101(b), unless

18 the committee explains in a statement in the report

19 accompanying its proposed funding resolution (in

20 the Senate), or in a statement supplied by the re21 spective committee and included in the report of the

22 Committee on House Administration (in the House

23 of Representatives), the reasons for a later comple24 tion date, except that reports on programs scheduled

25 for reauthorization during the 104th Congress and
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1 selected for reexamination in a committee’s plan

2 adopted in 1994 may be submitted at any time on

3 or before February 15, 1995.

4 (C) The estimated cost for each reexamination.

5 (2) The report accompanying the funding resolution

6 reported by each committee of the Senate in 1995 and

7 thereafter for the first session of each Congress, shall in8 clude, and the report accompanying the funding resolution

9 reported by the Committee on House Administration with

10 respect to each committee of the House of Representatives

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

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

13 matters:

14 (A) A description of the components of the

15 reexamination.

16 (B) A statement of whether the reexamination

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

18 request and under the direction of or under contract

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

20 more instrumentalities of the legislative branch, one

21 or more instrumentalities of the executive branch, or

22 one or more nongovernmental organizations, or (iii)

23 by a combination of the foregoing.

24 (3) It shall not be in order to consider a funding reso25 lution with respect to a committee of the Senate or the
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1 House of Representatives in 1995, and thereafter for the

2 first session of a Congress, unless—

3 (A) such resolution includes a section contain4 ing the information described in paragraph (1) and

5 the report accompanying such resolution contains

6 the information described in paragraph (2); and

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

8 respect to each program reexamination scheduled for

9 completion during the preceding Congress by such

10 committee has been submitted for printing.

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

12 to the section of a funding resolution described in para13 graph (1) reported by a committee of the Senate for a

14 year, or reported by the Committee on House Administra15 tion with respect to a committee of the House of Rep16 resentatives for a year—

17 (A) if such amendment would require reexam18 ination of a program which has been reexamined by

19 such committee under this section during any of the

20 five preceding years;

21 (B) if such amendment would cause such sec22 tion not to contain the information described in

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

24 reexamined by such committee; or
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1 (C) if notice of intention to propose such

2 amendment has not been given to such committee

3 and, in the case of an amendment in the Senate, to

4 the Committee on Rules and Administration of the

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

6 House of Representatives, to the Committee on

7 House Administration, not later than January 20 of

8 the calendar year in which such year begins or the

9 first day of the session of the Congress in which

10 such year begins, whichever is later.

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

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

13 if such amendment would add one or more programs to

14 be reexamined, shall include the information described in

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

16 Subparagraph (C) shall not apply to amendments pro17 posed by such committee or by the Committee on Rules

18 and Administration or House Administration, as the case

19 may be.

20 (b) In order to achieve coordination of progam

21 reexamination each committee shall, in preparing each re22 examination plan required by subsection (a), consult with

23 appropriate committees of the Senate or appropriate com24 mittees of the House of Representatives, as the case may

25 be, and shall inform itself of related activities of and sup-
29

•HR 10 IH

1 port or assistance that may be provided by (1) the General

2 Accounting Office, the Congressional Budget Office, the

3 Congressional Research Service, and the Office of Tech4 nology Assessment, and (2) appropriate instrumentalities

5 in the executive and judicial branches.

6 (c) Each committee shall prepare and have printed

7 a report with respect to each reexamination completed

8 under this title. Each such report shall be delivered to the

9 Secretary of the Senate or the Clerk of the House of Rep10 resentatives, as the case may be, not later than the date

11 specified in the resolution and printed as a Senate or

12 House document, accordingly. To the extent permitted by

13 law or regulation, such number of additional copies as the

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

15 committee. If two or more committees have legislative ju16 risdiction over the same program or portions of the same

17 program, such committees may reexamine such program

18 jointly and submit a joint report with respect to such reex19 amination.

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

21 forth the findings, recommendations, and justifications

22 with respect to the program, and shall include to the ex23 tent the committee deems appropriate, each of the follow24 ing matters:
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•HR 10 IH

1 (1) An identification of the objectives intended

2 for the program and the problem it was intended to

3 address.

4 (2) An identification of any trends, develop5 ments, and emerging conditions which are likely to

6 affect the future nature and extent of the problems

7 or needs which the program is intended to address

8 and an assessment of the potential primary and sec9 ondary effects of the proposed program.

10 (3) An identification of any other program hav11 ing potentially conflicting or duplicative objectives.

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

13 beneficiaries or persons served by the program.

14 (5) An assessment of the effectiveness of the

15 program and the degrees to which the original objec16 tives of the program or group of programs have been

17 achieved.

18 (6) An assessment of the cost effectiveness of

19 the program, including where appropriate, a cost20 benefit analysis of the operation of the program.

21 (7) An assessment of the relative merits of al22 ternative methods which could be considered to

23 achieve the purposes of the program.

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

25 paperwork impacts of the program.
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1 (e) A report submitted pursuant to this section shall

2 be deemed to satisfy the reauthorization review require3 ments of title I.

4 SEC. 303. Each department or agency of the execu5 tive branch which is responsible for the administration of

6 a program selected for reexamination pursuant to this title

7 shall, not later than six months before the completion date

8 specified for reexamination reports pursuant to section

9 302(a)(1)(B), submit to the Office of Management and

10 Budget and to the appropriate committee or committees

11 of the Senate and the House of Representatives a report

12 of its findings, recommendations, and justifications with

13 respect to each of the matters set forth in section 302(d),

14 and the Office of Management and Budget shall submit

15 to such committee or committees such comments as it

16 deems appropriate.

17 SEC. 304. For the purposes of this title—

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

19 respect to each committee of the House of Rep20 resentatives, the primary funding resolution for such

21 committee which is effective for the duration of a

22 Congress.

23 (2) An amendment to a funding resolution in24 cludes a resolution of the Senate which amends such

25 funding resolution.
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1 TITLE IV—TAX EXPENDITURES

2 SEC. 401. For purposes of this title—

3 (1) The term ‘‘tax expenditure provision’’

4 means any provision of Federal law which allows a

5 special exclusion, exemption, or deduction in deter6 mining liability for any tax or which provides a spe7 cial credit against any tax, a preferential rate of tax,

8 or a deferral of tax liability.

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

10 means the Committee on Ways and Means of the

11 House of Representatives.

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

13 the Committee on Finance of the Senate.

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

15 the Joint Committee on Taxation of the Congress.

16 SEC. 402. (a) Not later than July 1, 1994, the Direc17 tor of the Congressional Budget Office after consultation

18 with the Joint Tax Committee shall prepare an inventory

19 of tax expenditures provisions (hereinafter in this title re20 ferred to as the ‘‘tax inventory’’) and submit a report

21 thereon to the Committee on Ways and Means and the

22 Committee on Finance. The report shall include for each

23 tax expenditure provision—
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•HR 10 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 4 fiscal years;

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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•HR 10 IH

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. 403. The Committee on Ways and Means and

8 the Committee on Finance shall review the tax inventory

9 submitted as provided in section 402 and, not later than

10 October 1, 1994, 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 1994, a revised tax inventory to the House and the Senate.

17 SEC. 404. (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 fiscal year

25 and the 5 succeeding fiscal years.
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•HR 10 IH

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 fiscal year and each of the 4 succeeding fiscal

11 years.

12 SEC. 405. (a) During the second session of the One

13 Hundred First 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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•HR 10 IH

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 Act.

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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•HR 10 IH

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 Act of programs and tax expenditure

16 provisions having similar objectives, consistent with pro17 viding an even distribution of the work of reviewing tax

18 expenditure provisions during each Congress and taking

19 into consideration the economic impact of the review proc20 ess and the interest of avoiding adverse impact on pre21 viously acquired assets.

22 SEC. 406. In carrying out the requirements of section

23 405 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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•HR 10 IH

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. 407. 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. 408. (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 fol25 lowing:
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•HR 10 IH

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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•HR 10 IH

1 TITLE V—MISCELLANEOUS

2 SEC. 501. 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 fiscal year’’.

8 SEC. 502. Nothing in this Act 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. 503. The provisions of this section and sections

15 101(a), 101(b), 101(c)(1), 101(c)(2), 101(c)(5), 102,

16 104(a), 104(c), 104(d), 104(e), 104(f), 104(g), title III

17 (except section 303), sections 405 (c) and (d), 407, and

18 408, section 505, and section 506 of this Act 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
41

•HR 10 IH

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. 504. (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 101(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
42

•HR 10 IH

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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•HR 10 IH

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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•HR 10 IH

1 House of Representatives and the Senate with legislative

2 jurisdiction over the programs affected by the reports.

3 SEC. 505. (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 101(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 101(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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•HR 10 IH

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. 506. 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 Act, and shall submit

20 a report not later than December 31, 2000, and each five

21 years thereafter, setting forth their findings and rec22 ommendations. Such reviews and reports may be con23 ducted jointly.

24 SEC. 507. There are authorized to be appropriated

25 for fiscal years ending before October 1, 2004, such sums
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•HR 10 IH

1 as may be necessary to carry out the review requirement

2 of titles I and III and the requirements for the compilation

3 of the inventory of Federal programs as set forth in title

4 II.

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