II

103D CONGRESS

1ST SESSION S. 186

To require reauthorizations of budget authority for Government programs

at least every 10 years, to provide for review of Government programs

at least every 10 years, and for other purposes.

IN THE SENATE OF THE UNITED STATES

JANUARY 26 (legislative day, JANUARY 5), 1993

Mr. REID introduced the following bill; which was read twice and referred

jointly pursuant to the order of August 4, 1977, to the Committees on

the Budget and Governmental Affairs, with instructions that if one committee reports, the other committee have thirty days to report or be discharged

A BILL

To require reauthorizations of budget authority for Government programs at least every 10 years, to provide for

review of Government programs at least every 10 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 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Spending Control and

5 Programs Evaluation Act of 1993’’.

6 SEC. 2. PURPOSES OF ACT.

7 The purposes of this Act are—
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1 (1) to require that most Government programs

2 be reauthorized according to a schedule at least once

3 every 10 years;

4 (2) to limit the length of time for which Gov5 ernment programs can be authorized to 10 years;

6 (3) to bar the expenditure of funds for Govern7 ment programs which have not been provided for by

8 a law enacted during the 10-year sunset reauthoriza9 tion cycle; and

10 (4) to encourage the reexamination of selected

11 Government programs each Congress.

12 SEC. 3. DEFINITIONS AND CONSTRUCTION.

13 (a) DEFINITIONS.—For purposes of this Act—

14 (1) The term ‘‘budget authority’’ has the mean15 ing given to it by section 3(2) of the Congressional

16 Budget Act of 1974.

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

18 means budget authority provided for an indefinite

19 period of time or an unspecified number of fiscal

20 years which does not require recurring action by the

21 Congress, but does not include budget authority pro22 vided for a specified fiscal year which is available for

23 obligation or expenditure in one or more succeeding

24 fiscal years.
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1 (3) The term ‘‘Comptroller General’’ means the

2 Comptroller General of the United States.

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

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

5 States Code, except that such term includes the

6 United States Postal Service and the Postal Rate

7 Commission but does not include the General Ac8 counting Office.

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

10 means the period of 5 Congresses beginning with the

11 One Hundred Third Congress and with each sixth

12 Congress following the One Hundred Third Con13 gress.

14 (b) TREATMENT OF PROGRAMS.—For purposes of

15 this Act, each program (including any program exempted

16 by a provision of law from inclusion in the Budget of the

17 United States) shall be assigned to the functional and

18 subfunctional categories to which it is assigned in the

19 Budget of the United States Government, fiscal year

20 1993. Each committee of the Senate or the House of Rep21 resentatives which reports any bill or resolution which au22 thorizes the enactment of new budget authority for a pro23 gram not included in the fiscal year 1993 budget shall in24 clude, in the committee report accompanying such bill or

25 resolution (and, where appropriate, the conferees shall in-
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1 clude in their joint statement on such bill or resolution),

2 a statement as to the functional and subfunctional cat3 egory to which such program is to be assigned.

4 (c) REAUTHORIZATION DATE.—For purposes of titles

5 I, II, and III of this Act, the reauthorization date applica6 ble to a program is the date specified for such program

7 under section 101(b).

8 TITLE I—REAUTHORIZATION OF

9 GOVERNMENT PROGRAMS

10 SEC. 101. REAUTHORIZATION CYCLE.

11 (a) GENERAL RULE.—Each Government program

12 (except those listed in section 103) shall be reauthorized

13 at least once during each sunset reauthorization cycle dur14 ing the Congress in which the reauthorization date appli15 cable to such program (pursuant to subsection (b)) occurs.

16 (b) FIRST REAUTHORIZATION DATE.—The first re17 authorization date applicable to a Government program is

18 the date specified in the following table, and each subse19 quent reauthorization date applicable to a program is the

20 date ten years following the preceding reauthorization

21 date:

Programs included within subfunctional

category

First reauthorization date

254 Space, Science, Applications and Technology. September 30, 1995.

272 Energy Conservation.

301 Water Resources.

352 Agriculture and Research Services.

371 Mortgage Credit and Thrift Insurance.

376 Other Advancement and Regulation of Commerce.
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Programs included within subfunctional

category

First reauthorization date

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.

806 Other General Government.

851 General Revenue Sharing.

051 Department of Defense—Military. September 30, 1997.

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.

752 Federal Litigative and Judicial Activities.

802 Executive Director and Management.

803 Central Fiscal Operations.

054 Defense Related Activities. September 30, 1999.

152 Military 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.

852 Other General Purpose Fiscal Assistance.

153 Conduct of Foreign Affairs. September 30, 2001.

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.

902 Other Interest.

151 Foreign Economic and Financial Assistance. September 30, 2003.

276 Energy Information, Policy and Regulation.

372 Postal Service.

403 Water Transportation.

451 Community Development.
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Programs included within subfunctional

category

First reauthorization date

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.

1 (c) POINT OF ORDER TO PRESERVE SUNSET.—(1)

2 It shall not be in order in either the Senate or the House

3 of Representatives to consider any bill or resolution, or

4 amendment thereto, which authorizes the enactment of

5 new budget authority for a program for a period of more

6 than 10 fiscal years, for an indefinite period, or (except

7 during the Congress in which such next reauthorization

8 date occurs) for any fiscal year beginning after the next

9 reauthorization date applicable to such program. Notwith10 standing the preceding sentence, it shall be in order to

11 consider a bill or resolution for the purpose of considering

12 an amendment to the bill or resolution which would make

13 the authorization period conform to the requirement of

14 such sentence.

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

16 or the House of Representatives to consider any bill or

17 resolution, or amendment thereto, which provides new

18 budget authority for a program for any fiscal year begin19 ning after any reauthorization date applicable to such pro-
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1 gram under subsection (b), unless the provision of such

2 new budget authority is specifically authorized by a law

3 which constitutes a required authorization for such pro4 gram.

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

6 authorization’’ means a law authorizing the enactment of

7 new budget authority for a program, which complies with

8 the provisions of paragraph (1).

9 (3) No new budget authority may be obligated or ex10 pended for a program for a fiscal year beginning after the

11 last fiscal year in a sunset reauthorization cycle unless a

12 provision of law providing for the expenditure of such

13 funds has been enacted during such sunset reauthorization

14 cycle.

15 (4) Any provision of law providing permanent budget

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

17 purpose of providing such budget authority) on the first

18 reauthorization date applicable to such program.

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

20 the House of Representatives to consider any bill or reso21 lution, or amendment thereto, which provides new budget

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

23 amendment thereto (or the report which accompanies such

24 bill or resolution), includes a specific reference to the pro25 vision of law which constitutes a required authorization
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1 for such program. Notwithstanding the preceding sen2 tence, it shall be in order to consider a bill or resolution

3 for the purpose of considering an amendment which pro4 vides such reference to the appropriate provision of law.

5 SEC. 102. REAUTHORIZATION REVIEW.

6 (a) GENERAL RULE.—It shall not be in order in ei7 ther the Senate or the House of Representatives to con8 sider any bill or resolution, or amendment thereto, which

9 has been reported by a committee and which authorizes

10 the enactment of new budget authority for a program for

11 a fiscal year beginning after the next reauthorization date

12 applicable to such program, unless a reauthorization re13 view of such program has been completed during the Con14 gress in which the reauthorization date for such program

15 occurs (or during a subsequent Congress when such re16 quired authorization is considered), and the report accom17 panying such bill or resolution includes a separate section

18 entitled ‘‘Reauthorization Review’’ recommending, based

19 on such review, whether the program or the laws affecting

20 such program should be continued without change, contin21 ued with modifications, or terminated, and also includes,

22 to the extent the committee or committees having jurisdic23 tion deem appropriate, each of the following matters:
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1 (1) Information and analysis on the organiza2 tion, operation, costs, results, accomplishments, and

3 effectiveness of the program.

4 (2) An identification of any other programs

5 having similar objectives, and a justification of the

6 need for the proposed program in comparison with

7 those other programs which may be potentially con8 flicting or duplicative.

9 (3) An identification of the objectives intended

10 for the program, and the problems or needs which

11 the program is intended to address, including an

12 analysis of the performance expected to be achieved,

13 based on the bill or resolution as reported.

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

15 authority which was authorized for the program in

16 each of the previous four fiscal years and the

17 amount of new budget authority provided in each

18 such year.

19 (b) REVIEW OF NEW AUTHORITY.—It shall not be

20 in order in either the Senate or the House of Representa21 tives to consider a bill or resolution, or amendment there22 to, which authorizes the enactment of new budget author23 ity for a program for which there previously has been no

24 such authorization unless the report accompanying such

25 bill or resolution sets forth, to the extent that the commit-
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1 tee or committees having jurisdiction deem appropriate,

2 the information specified in subsections (a)(2) and (a)(3).

3 (c) CONGRESSIONAL REVIEW BY AUTHORIZING COM4 MITTEES.—Each committee having legislative jurisdiction

5 over a program referred to in section 103 shall conduct

6 a review of such program of the type described in sub7 section (a) of this section at least once during each sunset

8 reauthorization cycle, during the Congress in which the

9 reauthorization date applicable to such program occurs,

10 and shall submit to the Senate or the House of Represent11 atives, as the case may be, a report containing its rec12 ommendations and other information of the type described

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

14 Senate or the House of Representatives to consider a bill

15 or resolution reported by the committee having legislative

16 jurisdiction which authorizes the enactment of new budget

17 authority for such program unless such report accom18 panies such bill or resolution, or has been submitted dur19 ing the Congress in which the reauthorization date for

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

21 whichever first occurs.

22 SEC. 103. PROGRAMS SUBJECT TO REVIEW ONLY.

23 (a) REVIEW OF CERTAIN PROGRAMS.—The program

24 listed in subsection (b) shall be subject to the reauthoriza25 tion cycle and review as provided in section 102(c).
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1 (b) PROGRAMS.—The programs referred to in sub2 section (a) are the following:

3 (1) Programs included within functional cat4 egory 900 (Interest).

5 (2) Any Federal programs or activities to en6 force civil rights guaranteed by the Constitution of

7 the United States or to enforce antidiscrimination

8 laws of the United States, including but not limited

9 to the investigation of violations of civil rights, civil

10 or criminal litigation or the implementation or en11 forcement of judgments resulting from such litiga12 tion, and administrative activities in support of the

13 foregoing.

14 (3) Programs which are related to the adminis15 tration of the Federal judiciary and which are classi16 fied in the fiscal year 1993 budget under

17 subfunctional category 752 (Federal litigative and

18 judicial activities).

19 (4) Payments of refunds of internal revenue col20 lections as provided in title I of the Supplemental

21 Treasury and Post Office Departments Appropria22 tion Act of 1949 (62 Stat. 561), but not to include

23 refunds to persons in excess of their tax payments.

24 (5) Programs included in the fiscal year 1993

25 budget in subfunctional categories 701 (Income se-
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1 curity for veterans), 702 (Veterans education, train2 ing, and rehabilitation), 704 (Veterans housing), and

3 programs for providing health care which are in4 cluded in such budget in subfunctional category 703

5 (Hospital and medical care for veterans).

6 (6) Social Security and Federal employee retire7 ment programs including the following:

8 (A) Programs funded through trust funds

9 which are included with subfunctional cat10 egories 551 (Health care services), 601 (Gen11 eral retirement and disability insurance), or 602

12 (Federal employee retirement and disability).

13 (B) Retirement pay and retired pay of

14 military personnel on the retired lists of the

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

16 including the Reserve components thereof, re17 tainer pay for personnel of the Inactive Fleet

18 Reserve; and payments under section 4 of Pub19 lic Law 92–425 and chapter 73 of title 10,

20 United States Code (survivor’s benefits), classi21 fied in the fiscal year 1993 budget in

22 subfunctional category 051 (Department of De23 fense—military).

24 (C) Retirement pay and medical benefits

25 for retired commissioned officers of the Coast
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1 Guard, the Public Health Service Commissioned

2 Corps, and the National Oceanic and Atmos3 pheric Commissioned Corps and their survivors

4 and dependents, classified in the fiscal year

5 1988 budget in subfunctional category 551

6 (Health care services) or in subfunctional cat7 egory 306 (Other natural resources).

8 (D) Retired pay of military personnel of

9 the Coast Guard and Coast Guard Reserve,

10 members of the former Lighthouse Service, and

11 for annuities payable to beneficiaries of retired

12 military personnel under the retired service13 man’s family protection plan (10 U.S.C. 1431–

14 1446) and survivor benefit plan (10 U.S.C.

15 1447–1455), classified in the fiscal year 1988

16 budget in subfunctional category 403 (Water

17 transportation).

18 (E) Payments to the Central Intelligence

19 Agency Retirement and Disability Fund, classi20 fied in fiscal year 1993 budget in subfunctional

21 category 054 (Defense-related activities).

22 (F) Payments to the Civil Service Retire23 ment and Disability Fund for financing un24 funded liabilities, classified in fiscal year 1993
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1 budget in subfunctional category 805 (Central

2 personnel management).

3 (G) Payments to the Foreign Service Re4 tirement and Disability Fund, classified in fis5 cal year 1993 budget in subfunctional category

6 153 (Conduct of foreign affairs).

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

8 Survivors Insurance and the Federal Disability

9 Insurance Trust Funds, classified in fiscal year

10 1993 budget in various subfunctional cat11 egories.

12 (I) Administration of the retirement and

13 disability programs set forth in this section.

14 SEC. 104. MISCELLANEOUS PROVISIONS.

15 (a) MODIFICATION OF SCHEDULE.—The reauthoriza16 tion schedule contained in section 101(b) may be changed

17 by concurrent resolution of the two Houses of the Con18 gress (except that changes in the schedule affecting per19 manent appropriations may be made only by law).

20 (b) COMMITTEE REFERRAL.—All messages, peti21 tions, memorials, concurrent resolutions, and bills propos22 ing changes in section 101(b) and all bills proposing

23 changes in section 103, shall be referred first to the com24 mittee with legislative jurisdiction over any program af25 fected by the proposal and sequentially to the Committee
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1 on Rules in the House of Representatives or to the Com2 mittee on Rules and Administration in the Senate.

3 (c) COMMITTEE REPORTS.—Except as provided in

4 subsection (e), the Committee on Rules in the House of

5 Representatives or the Committee on Rules and Adminis6 tration in the Senate shall report with its recommenda7 tions any concurrent resolution or bill referred to it under

8 subsection (b) and which previously has been reported fa9 vorably by a committee of legislative jurisdiction within

10 30 days (not counting any day on which the Senate or

11 the House of Representatives is not in session), beginning

12 with the day following the day on which such resolution

13 or bill is so referred.

14 (d) COMMITTEE RECOMMENDATIONS.—The rec15 ommendations of the Committee on Rules or the Commit16 tee on Rules and Administration pursuant to subsection

17 (c) or (e) shall include a statement on each of the following

18 matters:

19 (1) The effect the proposed change would have

20 on the sunset reauthorization schedule.

21 (2) The effect the proposed change would have

22 on the jurisdictional and reauthorization responsibil23 ities and workloads of the authorizing committees of

24 Congress.
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1 (3) Any suggested grouping of similar programs

2 which would further the goals of this Act to make

3 more effective comparisons between programs having

4 like objective.

5 (e) COMMITTEE REFERRAL AMENDMENTS TO THIS

6 ACT.—Any concurrent resolution or bill proposing a

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

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

9 the Committee on Rules and Administration. Such com10 mittee shall report an omnibus concurrent resolution or

11 bill containing its recommendations regarding the pro12 posed changes and consideration of such bill or resolution

13 shall be highly privileged in the House of Representatives

14 and privileged in the Senate. The provisions of subsections

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

16 Act of 1974, insofar as they relate to consideration of re17 scission bills, shall apply to the consideration of concur18 rent resolutions and bills proposing changes reported pur19 suant to this subsection, amendments thereto, motions

20 and appeals with respect thereto, and conference reports

21 thereon.

22 (f) POINT OF ORDER.—It shall not be in order in

23 the Senate or the House of Representatives to consider

24 a bill or resolution reported pursuant to subsection (a),

25 (b), (c), or (e) which proposes a reauthorization date for
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1 a program beyond the final reauthorization date of the

2 sunset reauthorization cycle then in progress. Notwith3 standing the preceding sentence, it shall be in order to

4 consider a bill or resolution for the purpose of considering

5 an amendment which meets the requirements of this

6 subsection.

7 TITLE II—PROGRAM INVENTORY

8 SEC. 201. PROGRAM INVENTORY.

9 (a) PREPARATION.—The Comptroller General and

10 the Director of the Congressional Budget Office, in co11 operation with the Director of the Congressional Research

12 Service, shall prepare an inventory of Federal programs

13 (hereafter in this title referred to as the ‘‘program inven14 tory’’).

15 (b) PURPOSE.—The purpose of the program inven16 tory is to advise and assist the Congress in carrying out

17 the requirements of titles I and III. Such inventory shall

18 not in any way bind the committees of the Senate or the

19 House of Representatives with respect to their responsibil20 ities under such titles and shall not infringe on the legisla21 tive and oversight responsibilities of such committees. The

22 Comptroller General shall compile and maintain the inven23 tory, and the Director of the Congressional Budget Office

24 shall provide budgetary information for inclusion in the

25 inventory.
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1 (c) SUBMISSION DATE.—Not later than April 1,

2 1993, the Comptroller General, after consultation with the

3 Director of the Congressional Budget Office and the Di4 rector of the Congressional Research Service, shall submit

5 the program inventory to the Senate and House of Rep6 resentatives.

7 (d) CATEGORIES IN REPORT.—In the report submit8 ted under this section, the Comptroller General, after con9 sultation and in cooperation with and consideration of the

10 views and recommendations of the Director of the Con11 gressional Budget Office, shall group programs into pro12 gram areas appropriate for the exercise of the review and

13 reexamination requirements of this Act. Such groupings

14 shall identify program areas in a manner which classifies

15 each program in only one functional and only one

16 subfunctional category and which is consistent with the

17 structure of national needs, agency missions, and basic

18 programs developed pursuant to section 1105 of title 31,

19 United States Code.

20 (e) PROGRAM ANALYSIS.—The program inventory

21 shall set forth for each program each of the following mat22 ters:

23 (1) The specific provision or provisions of law

24 authorizing the program.
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1 (2) The committees of the Senate and the

2 House of Representatives which have legislative or

3 oversight jurisdiction over the program.

4 (3) A brief statement of the purpose or pur5 poses to be achieved by the program.

6 (4) The committees which have jurisdiction over

7 legislation providing new budget authority for the

8 program, including the appropriate subcommittees of

9 the Committees on Appropriations of the Senate and

10 the House of Representatives.

11 (5) The agency and, if applicable, the subdivi12 sion thereof responsible for administering the pro13 gram.

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

15 program to State and local governments.

16 (7) The next reauthorization date for the pro17 gram.

18 (8) A unique identification number which links

19 the program and functional category structure.

20 (9) The year in which the program was origi21 nally established and, where applicable, the year in

22 which the program expires.

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

24 budget authority for the program was last author-
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1 ized and the year in which current authorizations of

2 new budget authority expire.

3 (f) UNAUTHORIZED PROGRAMS.—The inventory shall

4 contain a separate tabular listing of programs which are

5 not required to be reauthorized pursuant to section

6 101(c).

7 (g) ANALYSIS OF NEW BUDGET AUTHORITY.—The

8 report also shall set forth for each program whether the

9 new budget authority provided for such programs is—

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

11 (2) authorized in a specific dollar amount but

12 without limit of time;

13 (3) authorized without limit of time or dollar

14 amounts;

15 (4) not specifically authorized; or

16 (5) permanently provided,

17 as determined by the Director of the Congressional Budg18 et Office.

19 (h) OTHER DATA.—For each program or group of

20 programs, the program inventory also shall include infor21 mation prepared by the Director of the Congressional

22 Budget Office indicating each of the following matters:

23 (1) The amounts of new budget authority au24 thorized and provided for the program for each of
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1 the preceding four fiscal years and, where applicable,

2 the four succeeding fiscal years.

3 (2) The functional and subfunctional category

4 in which the program is presently classified and was

5 classified under the fiscal year 1993 budget.

6 (3) The identification code and title of the ap7 propriation account in which budget authority is

8 provided for the program.

9 SEC. 202. EXCHANGE OF INFORMATION.

10 The General Accounting Office, the Congressional

11 Research Service, and the Congressional Budget Office

12 shall permit the mutual exchange of available information

13 in their possession which would aid in the compilation of

14 the program inventory.

15 SEC. 203. AGENCY COOPERATION.

16 The Office of Management and Budget, and the Ex17 ecutive agencies and the subdivisions thereof shall, to the

18 extent necessary and possible, provide the General Ac19 counting Office with assistance requested by the Comp20 troller General in the compilation of the program inven21 tory.

22 SEC. 204. CONGRESSIONAL REVIEW.

23 Each committee of the Senate and the House of Rep24 resentatives, the Congressional Budget Office, and the

25 Congressional Research Service shall review the program
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1 inventory as submitted under section 201 and not later

2 than June 1, 1993, each shall advise the Comptroller Gen3 eral of any revisions in the composition or identification

4 of programs and groups of programs which it rec5 ommends. After full consideration of the reports of all

6 such committees and officials, the Comptroller General in

7 consultation with the committees of the Senate and the

8 House of Representatives shall report, not later than July

9 1, 1993, a revised program inventory to the Senate and

10 the House of Representatives.

11 SEC. 205. REVISIONS OF INVENTORY.

12 (a) REVISIONS OF INVENTORY.—The Comptroller

13 General, after the close of each session of the Congress,

14 shall revise the program inventory and report the revisions

15 to the Senate and the House of Representatives.

16 (b) CONGRESSIONAL REPORT.—After the close of

17 each session of the Congress, the Director of the Congres18 sional Budget Office shall prepare a report, for inclusion

19 in the revised inventory, with respect to each program in20 cluded in the program inventory and each program estab21 lished by law during such session, which includes the

22 amount of the new budget authority authorized and the

23 amount of new budget authority provided for the current

24 fiscal year and each of the 5 succeeding fiscal years. If

25 new budget authority is not authorized or provided or is
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1 authorized or provided for an indefinite amount for any

2 of such 5 succeeding fiscal years with respect to any pro3 gram, the Director shall make projections of the amounts

4 of such new budget authority necessary to be authorized

5 or provided for any such fiscal year to maintain a current

6 level of services.

7 (c) LIST OF PROGRAMS NOT REAUTHORIZED.—Not

8 later than one year after the first or any subsequent reau9 thorization date, the Director of the Congressional Budget

10 Office, in consultation with the Comptroller General and

11 the Director of the Congressional Research Service, shall

12 compile a list of the provisions of law related to all pro13 grams subject to such reauthorization date for which new

14 budget authority was not authorized. The Director of the

15 Congressional Budget Office shall include such a list in

16 the report required by subsection (b). The committees with

17 legislative jurisdiction over the affected programs shall

18 study the affected provisions and make any recommenda19 tions they deem to be appropriate with regard to such pro20 visions to the Senate and the House of Representatives.

21 SEC. 206. ADEQUACY ASSESSMENT.

22 The Director of the Congressional Budget Office and

23 the Comptroller General shall include in their respective

24 reports to the Congress pursuant to section 202(f) of the

25 Congressional Budget Act of 1974 and section 719 of title
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1 31, United States Code, an assessment of the adequacy

2 of the functional and subfunctional categories contained

3 in section 101(b) of this Act for grouping programs of like

4 missions or objectives.

5 SEC. 207. REPORT ON PENDING LEGISLATION.

6 (a) ANNUAL REPORT.—The Director of the Congres7 sional Budget Office shall tabulate and issue an annual

8 report on the progress of congressional action on bills and

9 resolutions reported by a committee of either House or

10 passed by either House which authorize the enactment of

11 new budget authority for programs.

12 (b) CONTENTS OF REPORT.—The report shall include

13 an up-to-date tabulation for the fiscal year beginning Oc14 tober 1 and the succeeding four fiscal years of the

15 amounts of budget authority—

16 (1) authorized by law or proposed to be author17 ized in any bill or resolution reported by any com18 mittee of the Senate or the House of Representa19 tives; or

20 (2) if budget authority is not authorized or pro21 posed to be authorized for any of the 5 fiscal years,

22 the amounts necessary to maintain a current level of

23 services for programs in the inventory.

24 (c) PROGRAMS SUBJECT TO REAUTHORIZATION.—

25 The Director of the Congressional Budget Office shall
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1 issue periodic reports on the programs and the provisions

2 of laws which are scheduled for reauthorization in each

3 Congress pursuant to the reauthorization schedule in sec4 tion 101(b). In these reports, the Director shall identify

5 each provision of law which authorizes the enactment of

6 new budget authority for programs scheduled for reau7 thorization and the title of the appropriation bill, or part

8 thereof, which would provide new budget authority pursu9 ant to each authorization.

10 TITLE III—PROGRAM

11 REEXAMINATION

12 SEC. 301. REEXAMINATION BY CONGRESS.

13 (a) COMMITTEE REEXAMINATION.—Each committee

14 of the Senate and the House of Representatives periodi15 cally shall provide through the procedures established in

16 section 302, for the conduct of a comprehensive reexam17 ination of selected programs or groups of programs over

18 which it has jurisdiction.

19 (b) SELECTION CRITERIA.—In selecting programs

20 and groups of programs for reexamination, each commit21 tee shall consider each of the following matters:

22 (1) The extent to which substantial time has

23 passed since the program or group of programs has

24 been in effect.
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1 (2) The extent to which a program or group of

2 programs appears to require significant change.

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

4 toward undertaking reexaminations across a broad

5 range of programs.

6 (4) The desirability of examining related pro7 grams concurrently.

8 SEC. 302. FUNDING RESOLUTION AND REPORT.

9 (a) FUNDING RESOLUTION AND REPORT.—(1) The

10 funding resolution first reported by each committee of the

11 Senate in 1994, and thereafter for the first session of each

12 Congress, shall include, and the first funding resolution

13 introduced by each committee of the House of Representa14 tives (and referred to the Committee on House Adminis15 tration) for such year and thereafter for the first session

16 of each Congress shall include, a section setting forth the

17 committee’s plan for reexamination of programs under

18 this title. Such plan shall include each of the following

19 matters:

20 (A) The programs to be reexamined and the

21 reasons for their selection.

22 (B) The scheduled completion date for each

23 program reexamination, which date shall not be later

24 than the end of the Congress preceding the Congress

25 in which the reauthorization date applicable to a
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1 program occurs as provided in section 101(b), unless

2 the committee explains in a statement in the report

3 accompanying its proposed funding resolution (in

4 the Senate), or in a statement supplied by the re5 spective committee and included in the report of the

6 Committee on House Administration (in the House

7 of Representatives), the reasons for a later comple8 tion date, except that reports on programs scheduled

9 for reauthorization during the 103d Congress and

10 selected for reexamination in a committee’s plan

11 adopted in 1993 may be submitted at any time on

12 or before February 15, 1994.

13 (C) The estimated cost for each reexamination.

14 (2) The report accompanying the funding resolution

15 reported by each committee of the Senate in 1993 and

16 thereafter for the first session of each Congress, shall in17 clude, and the report accompanying the funding resolution

18 reported by the Committee on House Administration with

19 respect to each committee of the House of Representatives

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

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

22 matters:

23 (A) A description of the components of the

24 reexamination.
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1 (B) A statement of whether the reexamination

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

3 request and under the direction of or under contract

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

5 more instrumentalities of the legislative branch, one

6 or more instrumentalities of the executive branch, or

7 one or more nongovernmental organizations, or (iii)

8 by a combination of the foregoing.

9 (3) It shall not be in order to consider a funding reso10 lution with respect to a committee of the Senate or the

11 House of Representatives in 1993, and thereafter for the

12 first session of a Congress, unless—

13 (A) such resolution includes a section contain14 ing the information described in paragraph (1) and

15 the report accompanying such resolution contains

16 the information described in paragraph (2); and

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

18 respect to each program reexamination scheduled for

19 completion during the preceding Congress by such

20 committee has been submitted for printing.

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

22 to the section of a funding resolution described in para23 graph (1) reported by a committee of the Senate for a

24 year, or reported by the Committee on House Administra-
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1 tion with respect to a committee of the House of Rep2 resentatives for a year—

3 (A) if such amendment would require reexam4 ination of a program which has been reexamined by

5 such committee under this section during any of the

6 five preceding years;

7 (B) if such amendment would cause such sec8 tion not to contain the information described in

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

10 reexamined by such committee; or

11 (C) if notice of intention to propose such

12 amendment has not been given to such committee

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

14 the Committee on Rules and Administration of the

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

16 House of Representatives, to the Committee on

17 House Administration, not later than January 20 of

18 the calendar year in which such year begins or the

19 first day of the session of the Congress in which

20 such year begins, whichever is later.

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

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

23 if such amendment would add one or more programs to

24 be reexamined, shall include the information described in

25 paragraphs (1) and (2) with respect to each such program.
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1 Subparagraph (C) shall not apply to amendments pro2 posed by such committee or by the Committee on Rules

3 and Administration or House Administration, as the case

4 may be.

5 (b) CONSULTATION WITH OTHER COMMITTEES.—In

6 order to achieve coordination of program reexamination

7 each committee shall, in preparing each reexamination

8 plan required by subsection (a), consult with appropriate

9 committees of the Senate or appropriate committees of the

10 House of Representatives, as the case may be, and shall

11 inform itself of related activities of and support or assist12 ance that may be provided by (1) the General Accounting

13 Office, the Congressional Budget Office, the Congressional

14 Research Service, and the Office of Technology Assess15 ment, and (2) appropriate instrumentalities in the execu16 tive and judicial branches.

17 (c) COMMITTEE REPORTS.—Each committee shall

18 prepare and have printed a report with respect to each

19 reexamination completed under this title. Each such re20 port shall be delivered to the Secretary of the Senate or

21 the Clerk of the House of Representatives, as the case may

22 be, not later than the date specified in the resolution and

23 printed as a Senate or House document, accordingly. To

24 the extent permitted by law or regulation, such number

25 of additional copies as the committee may order shall be
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1 printed for the use of the committee. If two or more com2 mittees have legislative jurisdiction over the same program

3 or portions of the same program, such committees may

4 reexamine such program jointly and submit a joint report

5 with respect to such reexamination.

6 (d) CONTENTS OF COMMITTEE REPORT.—The report

7 pursuant to subsection (c) shall set forth the findings, rec8 ommendations, and justifications with respect to the pro9 gram, and shall include to the extent the committee deems

10 appropriate, each of the following matters:

11 (1) An identification of the objectives intended

12 for the program and the problem it was intended to

13 address.

14 (2) An identification of any trends, develop15 ments, and emerging conditions which are likely to

16 affect the future nature and extent of the problems

17 or needs which the program is intended to address

18 and an assessment of the potential primary and sec19 ondary effects of the proposed program.

20 (3) An identification of any other program hav21 ing potentially conflicting or duplicative objectives.

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

23 beneficiaries or persons served by the program.

24 (5) An assessment of the effectiveness of the

25 program and the degrees to which the original objec-
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1 tives of the program or group of programs have been

2 achieved.

3 (6) An assessment of the cost effectiveness of

4 the program, including where appropriate, a cost5 benefit analysis of the operation of the program.

6 (7) An assessment of the relative merits of al7 ternative methods which could be considered to

8 achieve the purposes of the program.

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

10 paperwork impacts of the program.

11 (e) TITLE I SATISFIED.—A report submitted pursu12 ant to this section shall be deemed to satisfy the reauthor13 ization review requirements of title I.

14 SEC. 303. EXECUTIVE REVIEW.

15 Each department or agency of the executive branch

16 which is responsible for the administration of a program

17 selected for reexamination pursuant to this title shall, not

18 later than 6 months before the completion date specified

19 for reexamination reports pursuant to section

20 302(a)(1)(B), submit to the Office of Management and

21 Budget and to the appropriate committee or committees

22 of the Senate and the House of Representatives a report

23 of its findings, recommendations, and justifications with

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

25 and the Office of Management and Budget shall submit
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1 to such committee or committees such comments as it

2 deems appropriate.

3 SEC. 304. DEFINITIONS.

4 For the purposes of this title—

5 (1) the term ‘‘funding resolution’’ means, with

6 respect to each committee of the House of Rep7 resentatives, the primary funding resolution for such

8 committee which is effective for the duration of a

9 Congress; and

10 (2) an amendment to a funding resolution in11 cludes a resolution of the Senate which amends such

12 funding resolution.

13 TITLE IV—MISCELLANEOUS

14 SEC. 401. AGENCY APPROPRIATIONS REQUESTS.

15 Section 1108(e) of title 31, United States Code, is

16 amended by inserting before the period a comma and ‘‘or

17 at the request of a committee of either House of Congress

18 presented after the day on which the President transmits

19 the budget to the Congress under section 1105 of this title

20 for the fiscal year’’.

21 SEC. 402. NONDISCLOSURE.

22 Nothing in this Act shall require the public disclosure

23 of matters that are specifically authorized under criteria

24 established by an Executive order to be kept secret in the

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

2 or which are otherwise specifically protected by law.

3 SEC. 403. RULEMAKING.

4 The provisions of this section and sections 101(a),

5 101(b), 101(c)(1), 101(c)(2), 101(c)(5), 102, 104(b),

6 104(c), 104(d), 104(e), 104(f), title III (except section

7 303), section 405, and section 406 of this Act are enacted

8 by the Congress—

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

10 the Senate and the House of Representatives respec11 tively, and as such they shall be considered as part

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

13 House to which they specifically apply, and such

14 rules shall supersede other rules only to the extent

15 that they are inconsistent therewith; and

16 (2) with full recognition of the constitutional

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

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

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

20 any other rule of such House.

21 SEC. 404. EXECUTIVE ASSISTANCE AND REGULATORY DU22 PLICATION AND CONFLICTS REPORT.

23 (a) EXECUTIVE ASSISTANCE.—(1) To assist in the

24 review or reexamination of a program, the head of an

25 agency which administers such program and the head of
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1 any other agency, when requested, shall provide to each

2 committee of the Senate and the House of Representatives

3 which has legislative jurisdiction over such program such

4 studies, information, analyses, reports, and assistance as

5 the committee may request.

6 (2) Not later than 6 months before the first reauthor7 ization date specified for a program in section 101(b) the

8 head of the agency which administers such program or the

9 head of any other agency, when requested by a committee

10 of the Senate or the House of Representatives, shall con11 duct a review of those regulations currently promulgated

12 and in use by that agency which the committee specifically

13 has requested be reviewed and submit a report to the Sen14 ate or the House of Representatives as the case may be,

15 setting forth the regulations that agency intends to retain,

16 eliminate, or modify if the program is reauthorized and

17 stating the basis for its decision.

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

19 beginning of the Congress in which occurs the reauthoriza20 tion date for a program, the Comptroller General shall fur21 nish to each committee of the Senate and the House of

22 Representatives which has legislative jurisdiction over

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

24 such program completed during the preceding 6 years.
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1 (4) Consistent with the discharge of the duties and

2 functions imposed by law on them or their respective Of3 fices or Service, the Comptroller General, the Director of

4 the Congressional Budget Office, the Director of the Of5 fice of Technology Assessment, and the Director of the

6 Congressional Research Service shall furnish to each com7 mittee of the Senate and the House of Representatives

8 such information, analyses, and reports as the committee

9 may request to assist it in conducting reviews or evalua10 tions of programs.

11 (b) REGULATORY DUPLICATION AND CONFLICT RE12 PORT.—(1) On or before October 1 of the year preceding

13 the beginning of the Congress in which occurs the reau14 thorization date for a program, the President, with the

15 cooperation of the head of each appropriate agency, shall

16 submit to the Congress a ‘‘Regulatory Duplication and

17 Conflict Report’’ for all such programs scheduled for reau18 thorization in the next Congress.

19 (2) Each such regulatory duplication and conflicts re20 port shall—

21 (A) identify regulatory policies, including data

22 collection requirements, of such programs or the

23 agencies which administer them, which duplicate or

24 conflict with each other or with rules or regulations

25 or regulatory policies of other programs or agencies,
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1 and identify the provisions of law which authorize or

2 require such duplicative or conflicting regulatory

3 policies or the promulgation of such duplicative or

4 conflicting rules or regulations;

5 (B) identify the regulatory policies, including

6 data collection requirements, of such programs

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

8 conflict with rules or regulations or regulatory poli9 cies of State or local governments; and

10 (C) contain recommendations which address the

11 conflicts or duplications identified in subparagraphs

12 (A) and (B).

13 (3) The regulatory duplication and conflicts report

14 submitted by the President pursuant to this subsection

15 shall be referred to the committee or committees of the

16 House of Representatives and the Senate with legislative

17 jurisdiction over the programs affected by the reports.

18 SEC. 405. SUNSET REAUTHORIZATION BILL.

19 (a) COMMITTEE INTRODUCTION.—Not later than 15

20 days after the beginning of the second regular session of

21 the Congress in which occurs the reauthorization date ap22 plicable to a program under section 101(b), the chairmen

23 of the committees of the Senate and the House of Rep24 resentatives having legislative jurisdiction over such pro25 grams shall introduce, in their respective Houses, a bill
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1 which, if enacted into law, would constitute a required au2 thorization (as defined in section 101(c)(1)(B)), and such

3 a bill (hereafter in this section referred to as a ‘‘sunset

4 reauthorization bill’’) shall be referred to the appropriate

5 committee of the Senate or the House of Representatives,

6 as the case may be. This subsection shall not apply in the

7 case of a program which has been reauthorized by a re8 quired authorization which was signed into law by the

9 President prior to 15 days after the beginning of the sec10 ond regular session of the Congress in which occurs the

11 reauthorization date applicable to such program.

12 (b) DISCHARGE FOR FAILURE TO CONSIDER.—If the

13 committee to which a sunset reauthorization bill for a pro14 gram has not reported such bill by May 15 of the year

15 in which the reauthorization date for such program occurs,

16 and no other bill which would constitute a required au17 thorization for such program has been enacted into law

18 by that date, it is in order to move to discharge the com19 mittee from further consideration of the sunset reauthor20 ization bill at any time thereafter.

21 (c) DISCHARGE PROCEDURES.—The provisions of

22 section 912(a) of title 5, United States Code, as it relates

23 to the discharge of resolutions of disapproval on reorga24 nization plans, shall apply to motions to discharge sunset

25 reauthorization bills, and the provisions of subsections
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1 (b)(2), (c) (2) through (5), and (d) of section 1017 of the

2 Impoundment Control Act of 1974, insofar as they relate

3 to the consideration of rescission bills shall apply to the

4 consideration of such sunset reauthorization bills, amend5 ments thereto, motions and appeals with respect thereto,

6 and conference reports thereon.

7 SEC. 406. COMMITTEE JURISDICTION OVER ACT.

8 The Committees on Governmental Affairs and on

9 Rules and Administration of the Senate and the Commit10 tees on Government Operations and on Rules of the House

11 of Representatives shall review the operation of the proce12 dures established by this Act, and shall submit a report

13 not later than December 31, 1998, and each 5 years there14 after, setting forth their findings and recommendations.

15 Such reviews and reports may be conducted jointly.

16 SEC. 407. AUTHORIZATION OF APPROPRIATIONS.

17 There are authorized to be appropriated for fiscal

18 years ending before October 1, 2003, such sums as may

19 be necessary to carry out the review requirement of titles

20 I and III and the requirements for the compilation of the

21 inventory of Federal programs as set forth in title II.

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