I
103D CONGRESS
1ST SESSION
H. R. 1138
To restructure the Federal budget process.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 24, 1993
Mr. ORTON (for himself, Mr. BACCHUS of Florida, Mr. CONDIT, Mr. INGLIS
of South Carolina, Mr. MCCOLLUM, Mr. PETERSON of Minnesota, Mr.
POSHARD, Mr. SHEPHERD, Mr. STENHOLM, and Mr. ZELIFF) introduced
the following bill; which was referred jointly to the Committees on Gov-
ernment Operations, Rules, and Public Works and Transportation
A BILL
To restructure the Federal budget process.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Comprehensive Budget
Process Reform Act of 1993’’.
TITLE 
I—BALANCED 
BUDGET
WITH ENFORCEMENT; MAN-
DATORY CONSIDERATION OF
PRESIDENT’S BUDGET
SEC. 101. SUBMISSION OF BALANCED BUDGET BY THE
PRESIDENT.
Section 1105 of title 31, United States Code, is
amended by inserting at the end the following new sub-
sections:
‘‘(g) Any budget submitted to Congress pursuant to
subsection (a) for the 1996–1997 biennium shall be a
budget for that biennium and the ensuing biennium that
provides for a balanced budget for the 1998 fiscal year
and subsequent fiscal years. Any budget submitted to Con-
gress pursuant to subsection (a) for a fiscal year after the
1996–1997 biennium shall be a budget that provides for
a balanced budget for that fiscal year and the ensuing
fiscal years.’’.
SEC. 102. REPORTING OF BALANCED BUDGETS.
Section 301 of the Congressional Budget Act of 1974
is amended by inserting at the end the following new sub-
section:
‘‘(j) REPORTING OF BALANCED BUDGETS.—Any con-
current resolution on the budget for the 1996–1997 bien-
nium as reported by the Committee on the Budget of each
House, shall set forth appropriate levels for the biennium
beginning on October 1 of the calendar year in which it
is reported and for the ensuing biennium for the matters
described in section 301(a) that provides for a balanced
budget by the 1998 fiscal year and the ensuing fiscal
years. Any concurrent resolution on the budget for the
1998–1999 biennium or any ensuing biennium, as re-
ported by the Committee on the Budget of each House,
shall set forth appropriate levels for the biennium begin-
ning on October 1 of the calendar year in which it is re-
ported and for each of the ensuing biennium for the mat-
ters described in section 301(a) that provides for a bal-
anced budget for fiscal year 1998 and the ensuing fiscal
years.
‘‘(k) CONSIDERATION OF BALANCED BUDGETS.—It
shall not be in order in the House of Representatives or
the Senate to consider any concurrent resolution on the
budget for the 1996–1997 biennium that does not provide
for a balanced budget by fiscal year 1998 and the ensuing
fiscal years. It shall not be in order in the House of Rep-
resentatives or the Senate to consider any concurrent reso-
lution on the budget for the 1998–1999 biennium or any
ensuing biennium that does not provide for a balanced
budget for fiscal year 1998 and the ensuing fiscal years.’’.
SEC. 103. PROCEDURE IN THE HOUSE OF REPRESENTA-
TIVES.
Section 305(a) of the Congressional Budget Act of
1974 is amended by inserting at the end the following:
‘‘(8)(A) If the Committee on Rules of the
House of Representatives reports any rule or order
providing for the consideration of any concurrent
resolution on the budget for a biennium, then it
shall also, within the same rule or order, provide
for—
‘‘(i) the consideration of the text of any
concurrent resolution on the budget for that bi-
ennium reported by the Committee on the
Budget of the House of Representatives pursu-
ant to section 301(j); and
‘‘(ii) the consideration of the text of each
concurrent resolution on the budget as intro-
duced by the majority leader pursuant to sub-
paragraph (B);
and such rule or order shall assure that a separate
vote occurs on each such budget.
‘‘(B) The majority leader of the House of Rep-
resentatives shall introduce a concurrent resolution
on the budget reflecting, without substantive revi-
sion, the budget submitted by the President pursu-
ant to section 1105(g) of title 31, United States
Code, as soon as practicable after its submission.’’.
SEC. 104. PROCEDURE IN THE SENATE.
Section 305(b) of the Congressional Budget Act of
1974 is amended by inserting at the end the following:
‘‘(7) Notwithstanding any other rule, it shall al-
ways be in order in the Senate to consider an
amendment to a concurrent resolution on the budget
for a biennium comprising the text of any budget
submitted by the President for that biennium as de-
scribed in section 1105(g) of title 31, United States
Code.’’.
SEC. 105. OMB DEFICIT FORECAST.
(a) OMB REPORT OF ESTIMATED DEFICIT.—Not
later than September 1 of each calendar year, the Director
of the Office of Management and Budget shall submit to
Congress a report setting forth a current estimate of the
surplus or deficit in the budget for the Federal Govern-
ment for the fiscal year ending on September 30 of that
calendar year.
(b) OMB REPORT OF ACTUAL DEFICIT.—Not later
than October 15 of each calendar year, the Director of
the Office of Management and Budget shall submit to
Congress a report setting forth the actual surplus or defi-
cit in the budget for the Federal Government for the fiscal
year ending on September 30 of that calendar year.
(c) CALCULATIONS OF DEFICITS.— Any calculation
made by OMB for a fiscal year to carry out this section
shall not include any spending decreases or revenue in-
creases made pursuant to section 106 with respect to any
prior fiscal year.
SEC. 106. REPAYMENT OF PRIOR BIENNIUM’S DEFICIT.
(a) RECONCILIATION LEGISLATION.—If the report
sent to Congress under section 105(b) for a fiscal year
indicates that there was a deficit in that fiscal year, then,
before the end of that session of Congress, Congress shall
either—
(1) eliminate that deficit through the enactment
of reconciliation legislation; or
(2) waive the requirement to eliminate that def-
icit through the enactment of legislation (which shall
be approved on final passage by each House of Con-
gress by a recorded vote) the sole purpose of which
is to waive that requirement for that biennium.
(b) LOOK-BACK ENFORCEMENT.—If Congress ad-
journs to end a session without complying with subsection
(a) for a fiscal year, then there shall be a sequestration
to offset the amount of the deficit for that fiscal year. The
amount required to be sequestered shall be obtained by
reducing all accounts of the Government by a uniform per-
centage, except that no reduction of—
(1) payments for net interest (all of major func-
tional category 900); or
(2) benefits payable under the old-age, survi-
vors, and disability insurance program established
under title II of the Social Security Act;
shall be made. This sequestration shall be implemented
by the issuance of an order by the President. This order
shall be effective on issuance.
SEC. 107. EFFECTIVE DATE.
This title and the amendments made by it shall be-
come effective for the concurrent resolution on the budget
for the 1996–1997 biennium and shall be fully reflected
in the budget for the 1996–1997 biennium required to be
submitted by the President in 1995 as required by section
1105(a) of title 31, United States Code.
TITLE II—BIENNIAL BUDGET
SEC. 201. FINDINGS AND PURPOSE.
(a) FINDINGS.—The Congress finds and declares
that the present annual Federal budgeting process—
(1) allows insufficient time for the fulfillment
by the Congress of its legislative and oversight
responsibilities;
(2) allows insufficient time for the review and
consideration by the Congress of authorizing legisla-
tion, budget resolutions, and appropriation bills and
resolutions and other spending measures;
(3) allows insufficient time for the evaluation of
costly and complicated Federal programs, and there-
by contributes to the unrestrained growth of the
Federal budget; and
(4) allows insufficient time for agencies and
State and local governments to plan for the imple-
mentation of programs.
(b) PURPOSE.—It is the purpose of this title—
(1) to establish a process through which the
Federal budget will be adopted for a two-year
period;
(2) to improve congressional control over the
Federal budget process;
(3) to streamline the requirements of the budg-
et process in order to promote better accountability
to the public;
(4) to improve the legislative and budgetary
processes by providing additional time for congres-
sional oversight and other vital legislative activities;
(5) to provide stability and coherence for recipi-
ents of Federal funds; and
(6) to implement other improvements in the
Federal budget process.
SEC. 202. REVISION OF TIMETABLE.
Section 300 of the Congressional Budget Act of 1974
(2 U.S.C. 631) is amended to read as follows:
‘‘TIMETABLE
‘‘SEC. 300. The timetable with respect to the Con-
gressional budget process for any Congress (beginning
with the One Hundred Third Congress) is as follows:
‘‘First Session
‘‘On or before:
Action to be completed:
First Monday in Feb-
ruary ...........................
President submits budget recommendations.
February 15 ....................
Congressional Budget Office submits report
to Budget Committees.
February 25 ....................
Committees submit views and estimates to
Budget Committees.
March 31 ........................
Senate Budget Committee reports concurrent
resolution on the biennial budget.
April 15 ..........................
Congress completes action on concurrent reso-
lution on the biennial budget.
May 15 ............................
Biennial appropriation bills may be considered
in the House.
June 10 ...........................
House Appropriations Committee reports last
biennial appropriation bill.
September 1 ....................
OMB submits report setting forth estimate of
surplus/deficit for current fiscal year.
September 30 ..................
Congress completes action on reconciliation
legislation.
September 30 ..................
Congress completes action on biennial appro-
priation bills.
October 1 ........................
Biennium begins.
October 15 ......................
OMB submits report setting forth actual sur-
plus/deficit for fiscal year ending Septem-
ber 30.
‘‘Second Session
‘‘On or before:
Action to be completed:
May 15 ............................
Congressional Budget Office submits report
to Budget Committees.
September 1 ....................
OMB submits report setting forth estimate of
surplus/deficit for current fiscal year.
‘‘Second Session—Continued
October 15 ......................
OMB submits report setting forth actual sur-
plus/deficit for fiscal year ending Septem-
ber 30.
The last day of the ses-
sion ..............................
Congress completes action on bills and resolu-
tions authorizing new budget authority for
the succeeding biennium.’’.
SEC. 203. AMENDMENTS TO THE CONGRESSIONAL BUDGET
AND IMPOUNDMENT CONTROL ACT OF 1974.
(a) AMENDMENT OF THE CONGRESSIONAL BUDGET
ACT OF 1974.—Whenever in this section an amendment
or repeal is expressed in terms of an amendment to, or
repeal of, a section or other provision, the references shall
be to a section or other provision of the Congressional
Budget Act of 1974.
(b) DECLARATION OF PURPOSE.—Section 2(2) (2
U.S.C. 621(2)) is amended by striking ‘‘each year’’ and
inserting ‘‘biennially’’.
(c) DEFINITIONS.—
(1) Section 3(4) (2 U.S.C. 622(4)) is amended
by striking ‘‘fiscal year’’ each place it appears and
inserting ‘‘biennium’’.
(2) Section 3 (2 U.S.C. 622) is further amend-
ed by adding at the end thereof the following new
paragraph:
‘‘(11) The term ‘biennium’ means the period of
2 consecutive fiscal years beginning on October 1 of
any odd-numbered year.’’.
(d) DUTIES OF CBO.—
(1) Section 202(f)(1) (2 U.S.C. 602(f)(1)) is
amended—
(A) by striking ‘‘February 15 of each
year’’ and inserting ‘‘February 15 of each odd-
numbered calendar year’’;
(B) by striking ‘‘the fiscal year commenc-
ing’’ and inserting ‘‘each fiscal year in the bien-
nium commencing’’;
(C) by striking ‘‘such fiscal year’’ the first
place it appears and inserting ‘‘such biennium’’;
and
(D) by striking ‘‘such fiscal year’’ the sec-
ond place it appears and ‘‘each fiscal year in
such biennium’’.
(2) Section 202(f) (2 U.S.C. 602(f)) is further
amended—
(A) in paragraph (2) by striking ‘‘The Di-
rector shall from time to time’’ and inserting
‘‘On May 15 of each even numbered year and
at such other times as he or she deems
appropriate, the Director shall’’.
(B) in paragraph (3)—
(i) by striking ‘‘January 15’’ and in-
serting ‘‘February 15’’,
(ii) by striking ‘‘each year’’ and in-
serting 
‘‘each 
even-numbered 
calendar
year’’,
(iii) by striking ‘‘the fiscal year end-
ing September 30 of that calendar year’’ in
clause (A) and inserting ‘‘either fiscal year
in the biennium beginning October 1 of the
preceding calendar year’’,
(iv) by striking ‘‘the fiscal year ending
September 30 of that calendar year’’ in
clause (B) and inserting ‘‘either fiscal year
of such biennium’’, and
(v) by striking ‘‘fiscal year beginning
October 1 of that calendar year’’ and in-
serting ‘‘succeeding biennium’’.
(e) BIENNIAL CONCURRENT RESOLUTION ON THE
BUDGET.—
(1) Section 301(a) (2 U.S.C. 632(a)) is amend-
ed—
(A) by striking ‘‘April 15 of each year’’
and inserting ‘‘April 15 of each odd-numbered
year’’;
(B) by striking ‘‘the fiscal year beginning
on October 1 of such year’’ the first place it ap-
pears and inserting ‘‘the biennium beginning on
October 1 of such year’’;
(C) by striking ‘‘the fiscal year beginning
on October 1 of such year’’ the second place it
appears and inserting ‘‘each fiscal year in such
period’’; and
(D) by striking ‘‘each of the two ensuing
fiscal years’’ and inserting ‘‘each fiscal year in
the succeeding biennium’’.
(2) Section 301(b) (2 U.S.C. 632(b)) is amend-
ed—
(A) in the matter preceding paragraph (1)
by inserting ‘‘for a biennium’’ after ‘‘concurrent
resolution on the budget’’; and
(B) in paragraph (3) by striking ‘‘for such
fiscal year’’ and inserting ‘‘for either fiscal year
in such biennium’’.
(3) Section 301(d) (2 U.S.C. 632(d)) is amend-
ed by striking ‘‘Within 6 weeks after the President
submits a budget under section 1105(a) of title 31,
United States Code’’ and inserting ‘‘On or before
February 25 of each odd-numbered year’’.
(4) Section 301(e) (2 U.S.C. 632(e)) is amend-
ed—
(A) in the first sentence by striking ‘‘fiscal
year’’ and inserting ‘‘biennium’’;
(B) by inserting between the second and
third sentences the following new sentence: ‘‘On
or before March 31 of each odd-numbered year
the Committee on the Budget of each House
shall report to its House the concurrent resolu-
tion on the budget referred to in subsection (a)
for the biennium beginning on October 1 of
that year.’’; and
(C) in paragraph (6)—
(i) by striking ‘‘five’’ and inserting
‘‘four’’,
(ii) by striking ‘‘such fiscal year’’ and
inserting ‘‘the first fiscal year of such bien-
nium,’’, and
(iii) by striking ‘‘such period’’ and in-
serting ‘‘such four-fiscal-year period’’.
(5) Section 301(f) (2 U.S.C. 632(f)) is amend-
ed by striking ‘‘fiscal year’’ each place it appears
and inserting ‘‘biennium’’.
(6) The section heading of section 301 is
amended by striking ‘‘annual’’ and inserting ‘‘bien-
nial’’.
(7) The table of contents set forth in section
1(b) is amended by striking ‘‘Annual’’ in the item
relating to section 301 and inserting ‘‘Biennial’’.
(f) COMMITTEE ALLOCATIONS.—
(1) Paragraphs (1) and (2) of section 302(a) (2
U.S.C. 633(a)) are amended—
(A) by inserting ‘‘for a biennium’’ after
‘‘budget’’ the first place it appears in each such
paragraph; and
(B) by inserting ‘‘for each fiscal year in
such biennium’’ after ‘‘estimated allocation’’
each place it appears.
(2) Section 302(c) (2 U.S.C. 633(c)) is amend-
ed—
(A) by striking ‘‘for a fiscal year’’ each
place it appears and inserting ‘‘for either fiscal
year in a biennium’’; and
(B) by striking ‘‘for such fiscal year’’ each
place it appears and inserting ‘‘for such bien-
nium’’.
(3) Section 302(f)(1) (2 U.S.C. 633(f)(1)) is
amended—
(A) by striking ‘‘for a fiscal year’’ and in-
serting ‘‘for a biennium’’, and
(B) by striking ‘‘such fiscal year’’ each
place it appears in the matter preceding sub-
paragraph (A) and inserting ‘‘a fiscal year in
such biennium’’.
(4) Section 302(f)(2) is amended—
(A) by striking ‘‘for a fiscal year’’ and in-
serting ‘‘for a biennium’’,
(B) by striking ‘‘for such fiscal year’’ and
inserting ‘‘for a biennium’’, and
(C) by striking ‘‘4 succeeding’’ and insert-
ing ‘‘3 succeeding’’.
(g) SECTION 303 POINT OF ORDER.—
(1) Section 303(a) (2 U.S.C. 634(a)) is amend-
ed by striking ‘‘fiscal year’’ each place it appears
and inserting ‘‘biennium’’.
(2) Section 303(b) (2 U.S.C. 634(b)) is amend-
ed—
(A) in subparagraphs (A) and (B) of para-
graph (1) and paragraph (2) by striking ‘‘the
fiscal year’’ each place it appears and inserting
‘‘biennium’’; and
(B) in paragraph (1) by striking ‘‘any cal-
endar year’’ and inserting ‘‘any odd-numbered
calendar year’’.
(h) PERMISSIBLE REVISIONS OF CONCURRENT RES-
OLUTIONS ON THE BUDGET.—Section 304 (2 U.S.C. 635)
is amended—
(1) by striking ‘‘fiscal year’’ the first two places
it appears and inserting ‘‘biennium’’;
(2) by striking ‘‘for such fiscal year’’; and
(3) by inserting before the period ‘‘for such
biennium’’.
(i) PROCEDURES FOR CONSIDERATION OF BUDGET
RESOLUTIONS.—Section 305(b)(3) (2 U.S.C. 636(b)(3))
is amended—
(1) by striking ‘‘the concurrent’’ and inserting
‘‘a concurrent’’; and
(2) by striking ‘‘fiscal year’’ and inserting
‘‘biennium’’.
(j) REPORTS AND SUMMARIES OF CONGRESSIONAL
BUDGET ACTIONS.—
(1)(A) Section 308(a)(1) (2 U.S.C. 639(a)(1))
is amended—
(i) in the matter preceding subparagraph
(A) by striking ‘‘fiscal year (or fiscal years)’’
and inserting ‘‘biennium’’,
(ii) in subparagraph (A) by striking ‘‘fiscal
year (or fiscal years)’’ and inserting ‘‘bien-
nium’’, and
(iii) in subparagraph (C) by striking ‘‘such
fiscal year (or fiscal years)’’ and inserting
‘‘such biennium’’.
(B) Section 308(a)(2) is amended by striking
‘‘fiscal year (or fiscal years)’’ and inserting ‘‘bien-
nium’’.
(2) Section 308(b)(1) (2 U.S.C. 639(b)(1)) is
amended—
(A) by striking ‘‘each fiscal year covered
by a concurrent resolution on the budget’’ the
first place it appears and inserting ‘‘a bien-
nium’’;
(B) by inserting ‘‘for such biennium’’ after
‘‘concurrent resolution on the budget’’; and
(C) by striking ‘‘the fiscal year preceding
the first fiscal year covered by the appropriate
concurrent resolution’’ and inserting ‘‘each fis-
cal year in the biennium preceding such bien-
nium’’.
(3) Section 308(c) (2 U.S.C. 639(c)) is amend-
ed—
(A) by striking ‘‘Five’’ in the subsection
heading and inserting ‘‘Four’’;
(B) by striking ‘‘fiscal year’’ each place it
appears in the matter preceding paragraph (1)
and inserting ‘‘biennium’’; and
(C) by striking ‘‘5 fiscal years’’ and insert-
ing ‘‘4 fiscal years’’.
(k) COMPLETION OF ACTION ON REGULAR APPRO-
PRIATION BILLS.—Section 309 (2 U.S.C. 640) is amend-
ed—
(1) by inserting ‘‘of any odd-numbered calendar
year’’ after ‘‘July’’;
(2) by striking ‘‘annual’’ and inserting ‘‘regu-
lar’’; and
(3) by striking ‘‘fiscal year’’ and inserting
‘‘biennium’’.
(l) RECONCILIATION PROCESS.—
(1) Section 310(a) (2 U.S.C. 641(a)) is amend-
ed—
(A) by striking ‘‘any fiscal year’’ in the
matter preceding paragraph (1) and inserting
‘‘any biennium’’;
(B) in paragraph (1) by striking ‘‘such fis-
cal year’’ each place it appears and inserting
‘‘each fiscal year in such biennium’’; and
(C) in paragraph (2) by inserting ‘‘for each
fiscal year in such biennium’’ after ‘‘revenues’’.
(2) Section 310(e) (2 U.S.C. 641(e)) is amend-
ed—
(A) by striking ‘‘20 hours’’ in paragraph
(2) and inserting ‘‘100 hours’’; and
(B) by adding at the end thereof the fol-
lowing new paragraph:
‘‘(3) It shall not be in order in the Senate or
the House of Representatives to consider any rec-
onciliation bill or resolution or any amendment
thereto or any conference report thereon which
changes any provision of law other than provisions
of law which—
‘‘(A) provide new budget authority or
spending 
authority 
described 
in 
section
401(c)(2);
‘‘(B) relate to revenues; or
‘‘(C) specify the amount of the statutory
limit on the public debt.’’.
(3) Section 310(f) (2 U.S.C. 641(f)) is amend-
ed—
(A) by inserting ‘‘of any odd-numbered cal-
endar year’’ after ‘‘July’’,
(B) by striking ‘‘fiscal year beginning on
October 1 of the calendar year to which the ad-
journment resolution pertains’’ and inserting
‘‘biennium beginning on October 1 of such cal-
endar year’’, and
(C) by striking ‘‘for such fiscal year’’ and
inserting ‘‘for such biennium’’.
(m) SECTION 311 POINT OF ORDER.—
(1) Section 311(a)(1) (2 U.S.C. 642(a)) is
amended—
(A) by striking ‘‘for a fiscal year’’ and in-
serting ‘‘for a biennium’’;
(B) by striking ‘‘such fiscal year’’ the first,
second, and third places it appears and insert-
ing ‘‘a fiscal year in such biennium’’;
(C) by inserting ‘‘for such fiscal year’’
after ‘‘outlays’’;
(D) by striking ‘‘concurrent resolution on
the budget for such fiscal year’’ and inserting
‘‘concurrent resolution on the budget for the bi-
ennium in which such fiscal year occurs’’;
(E) by inserting ‘‘for such fiscal year’’
after ‘‘revenues’’ the first place it appears; and
(F) by inserting ‘‘for such fiscal year’’
after ‘‘set forth’’ the second place it appears.
(2) Section 311(b) (2 U.S.C. 642(b)) is amend-
ed—
(A) by striking ‘‘such fiscal year’’ the first
place it appears and inserting ‘‘a biennium’’;
and
(B) by striking ‘‘such fiscal year’’ the sec-
ond place it appears and inserting ‘‘either fiscal
year in such biennium’’.
(n) BILLS PROVIDING NEW SPENDING AUTHOR-
ITY.—Section 401(b)(2) (2 U.S.C. 651(b)(2)) is amended
by striking ‘‘for such fiscal year’’ the second place it ap-
pears and inserting ‘‘for the biennium in which such fiscal
year occurs’’.
(o) ANALYSIS BY CBO.—Section 403(a) (2 U.S.C.
653(a)) is amended—
(1) by striking ‘‘the fiscal year’’ in paragraph
(1) and inserting ‘‘each fiscal year in the biennium’’;
(2) by striking ‘‘each of the 4 fiscal years fol-
lowing such year’’ in paragraph (1) and inserting
‘‘each fiscal year in the succeeding biennium’’;
(3) by striking ‘‘the fiscal year’’ in paragraph
(2) and inserting ‘‘each fiscal year in the biennium’’;
and
(4) by striking ‘‘each of the four fiscal years
following such fiscal year’’ in paragraph (2) and
inserting ‘‘each fiscal year in the succeeding
biennium’’.
SEC. 204. AMENDMENTS TO TITLE 31, UNITED STATES
CODE.
(a) DEFINITION.—Section 1101 of title 31, United
States Code, is amended by adding at the end thereof the
following new paragraph:
‘‘(3) ‘biennium’ has the meaning given to such
term in paragraph (11) of section 3 of the Congres-
sional Budget and Impoundment Control Act of
1974 (2 U.S.C. 622(11))’’.
(b) BUDGET CONTENTS AND SUBMISSION TO THE
CONGRESS.—
(1) So much of section 1105(a) of title 31,
United States Code, as precedes paragraph (1)
thereof is amended to read as follows:
‘‘(a) On or before the first Monday in February of
each odd-numbered year, beginning with the One-Hun-
dred-and-Fourth Congress, the President shall transmit to
the Congress, the budget for the biennium beginning on
October 1 of such calendar year. The budget transmitted
under this subsection shall include a budget message and
summary and supporting information. The President shall
include in each budget the following:’’.
(2) Section 1105(a)(5) of title 31, United
States Code, is amended by striking ‘‘the fiscal year
for which the budget is submitted and the 4 fiscal
years after that year’’ and inserting ‘‘each fiscal
year in the biennium for which the budget is submit-
ted and in the succeeding biennium’’.
(3) Section 1105(a)(6) of title 31, United
States Code, is amended by striking ‘‘the fiscal year
for which the budget is submitted and the 4 fiscal
years after that year’’ and inserting ‘‘each fiscal
year in the biennium for which the budget is submit-
ted and in the succeeding biennium’’.
(4) Section 1105(a)(9)(C) of title 31, United
States Code, is amended by striking ‘‘the fiscal
year’’ and inserting ‘‘each fiscal year in the
biennium’’.
(5) Section 1105(a)(12) of title 31, United
States Code, is amended—
(A) by striking ‘‘the fiscal year’’ in sub-
paragraph (A) and inserting ‘‘each fiscal year
in the biennium’’; and
(B) by striking ‘‘4 fiscal years after that
year’’ in subparagraph (B) and inserting ‘‘2 fis-
cal years immediately following the second fiscal
year in such biennium’’.
(6) Section 1105(a)(13) of title 31, United
States Code, is amended by striking ‘‘the fiscal
year’’ and inserting ‘‘each fiscal year in the
biennium’’.
(7) Section 1105(a)(14) of title 31, United
States Code, is amended by striking ‘‘that year’’ and
inserting ‘‘each fiscal year in the biennium for which
the budget is submitted’’.
(8) Section 1105(a)(16) of title 31, United
States Code, is amended by striking ‘‘the fiscal
year’’ and inserting ‘‘each fiscal year in the bien-
nium’’.
(9) Section 1105(a)(17) of title 31, United
States Code, is amended—
(A) by striking ‘‘the fiscal year following
the fiscal year’’ and inserting ‘‘each fiscal year
in the biennium following the biennium’’;
(B) by striking ‘‘that following fiscal year’’
and inserting ‘‘each such fiscal year’’; and
(C) by striking ‘‘fiscal year before the fis-
cal year’’ and inserting ‘‘biennium before the
biennium’’.
(10) Section 1105(a)(18) of title 31, United
States Code, is amended—
(A) by striking ‘‘the prior fiscal year’’ and
inserting ‘‘each of the 2 most recently com-
pleted fiscal years’’;
(B) by striking ‘‘for that year’’ and insert-
ing ‘‘with respect to that fiscal year’’; and
(C) by striking ‘‘in that year’’ and insert-
ing ‘‘in that fiscal year’’.
(11) Section 1105(a)(19) of title 31, United
States Code, is amended—
(A) by striking ‘‘the prior fiscal year’’ and
inserting ‘‘each of the 2 most recently com-
pleted fiscal years’’;
(B) by striking ‘‘for that year’’ and insert-
ing ‘‘with respect to that fiscal year’’; and
(C) by striking ‘‘in that year’’ each place
it appears and inserting ‘‘in that fiscal year’’.
(c) ESTIMATED EXPENDITURES
OF LEGISLATIVE
AND JUDICIAL BRANCHES.—Section 1105(b) of title 31,
United States Code, is amended by striking ‘‘each year’’
and inserting ‘‘each even-numbered year’’.
(d) RECOMMENDATIONS TO MEET ESTIMATED DEFI-
CIENCIES.—Section 1105(c) of title 31, United States
Code, is amended—
(1) by striking ‘‘fiscal year for’’ each place it
appears and inserting ‘‘biennium for’’;
(2) by inserting ‘‘or current biennium, as the
case may be,’’ after ‘‘current fiscal year’’; and
(3) by striking ‘‘that year’’ and inserting ‘‘that
period’’.
(e) STATEMENT
WITH
RESPECT
TO
CERTAIN
CHANGES.—Section 1105(d) of title 31, United States
Code, is amended by striking ‘‘fiscal year’’ and inserting
‘‘biennium’’.
(f) 
CAPITAL
INVESTMENT
ANALYSIS.—Section
1105(e) of title 31, United States Code, is amended by
striking ‘‘ensuing fiscal year’’ and inserting ‘‘biennium to
which such budget relates’’.
(g) SUPPLEMENTAL
BUDGET
ESTIMATES
AND
CHANGES.—
(1) Section 1106(a) of title 31, United States
Code, is amended—
(A) in the matter preceding paragraph (1)
by striking ‘‘fiscal year’’ and inserting ‘‘bien-
nium’’;
(B) in paragraph (1) by striking ‘‘that fis-
cal year’’ and inserting ‘‘each fiscal year in
such biennium’’;
(C) in paragraph (2) by striking ‘‘4 fiscal
years following the fiscal year’’ and inserting ‘‘2
fiscal years following the biennium’’;
(D) by striking ‘‘future fiscal years’’ in
paragraph (3) and inserting ‘‘the 2 fiscal years
following the biennium for which the budget is
submitted’’; and
(E) by striking ‘‘fiscal year’’ in paragraph
(3) and inserting ‘‘biennium’’.
(2) Section 1106(b) of title 31, United States
Code, is amended by striking ‘‘the fiscal year’’ and
inserting ‘‘each fiscal year in the biennium’’.
(h) YEAR-AHEAD
REQUESTS
FOR
AUTHORIZING
LEGISLATION.—Section 1110 of title 31, United States
Code, is amended—
(1) by striking ‘‘fiscal year’’ and inserting ‘‘bi-
ennium (beginning on or after October 1, 1993)’’,
and
(2) by striking ‘‘year before the year in which
the fiscal year begins’’ and inserting ‘‘second cal-
endar year preceding the calendar year in which the
biennium begins’’.
(i) BUDGET INFORMATION ON CONSULTING SERV-
ICES.—Section 1114 of title 31, United States Code, is
amended—
(1) by striking ‘‘The’’ each place it appears and
inserting ‘‘For each biennium beginning with the bi-
ennium beginning on October 1, 1995, the’’; and
(2) by striking ‘‘each year’’ each place it
appears.
SEC. 205. TITLE AND STYLE OF APPROPRIATIONS ACTS.
Section 105 of title 1, United States Code, is amend-
ed to read as follows:
‘‘§ 105. Title and style of appropriations Acts
‘‘(a) The style and title of all Acts making appropria-
tions for the support of the Government shall be as fol-
lows: ‘An Act making appropriations (here insert the ob-
ject) for the biennium ending September 30 (here insert
the odd-numbered calendar year).’.
‘‘(b) All Acts making regular appropriations for the
support of the Government shall be enacted for a biennium
and shall specify the amount of appropriations provided
for each fiscal year in such period.
‘‘(c) For purposes of this section, the term ‘biennium’
has the same meaning as in section 3(11) of the Congres-
sional Budget and Impoundment Control Act of 1974 (2
U.S.C. 622(11)).’’.
SEC. 206. ASSISTANCE BY FEDERAL AGENCIES TO STAND-
ING COMMITTEES OF THE SENATE AND THE
HOUSE OF REPRESENTATIVES.
(a) INFORMATION REGARDING AGENCY APPROPRIA-
TIONS REQUESTS.—To assist each standing committee of
the Senate and the House of Representatives in carrying
out its responsibilities, the head of each Federal agency
which administers the laws or parts of laws under the ju-
risdiction of such committee shall provide to such commit-
tee such studies, information, analyses, reports, and as-
sistance as may be requested by the chairman and ranking
minority member of the committee.
(b) INFORMATION REGARDING AGENCY PROGRAM
ADMINISTRATION.—
(1) FURNISHING
INFORMATION.—To assist
each standing committee of the Senate and the
House of Representatives in carrying out its respon-
sibilities, the head of any agency shall furnish with-
out charge to such committee computer tapes or
disks, together with explanatory documentation, con-
taining information received, compiled, or main-
tained by the agency as part of the operation or ad-
ministration of a program, or specifically compiled
pursuant to a request in support of a review of a
program, as may be requested by the chairman and
ranking minority member of such committee.
(2) MINIMIZING
REQUESTS.—The Committee
on House Administration of the House of Represent-
atives and the Committee on Rules and Administra-
tion of the Senate shall prescribe rules and regula-
tions for their respective Houses which will minimize
duplication of requests under paragraph (1) of this
subsection.
(c) SUMMARIES BY COMPTROLLER GENERAL.—With-
in 30 days after the receipt of a request from a chairman
and ranking minority member of a standing committee
having jurisdiction over a program being reviewed and
studied by such committee under this section, the Comp-
troller General of the United States shall furnish to such
committee summaries of any audits or reviews of such pro-
gram which the Comptroller General has completed during
the preceding 6 years.
(d) CONGRESSIONAL ASSISTANCE.—Consistent with
their duties and functions under law, the Comptroller Gen-
eral of the United States, the Director of the Congres-
sional Budget Office, the Director of the Office of Tech-
nology Assessment, and the Director of the Congressional
Research Service shall furnish to each standing committee
of the Senate or the House of Representatives such infor-
mation, studies, analyses, and reports as the chairman and
ranking minority member may request to assist the com-
mittee in conducting reviews and studies of programs
under this section.
(e) SECRET AND CLASSIFIED INFORMATION PRO-
TECTED.—This section does not require the public disclo-
sure of matters that are specifically authorized under cri-
teria established by an Executive order to be kept secret
in the interest of national defense or foreign policy and
(A) by striking ‘‘March 15 of each year’’
and inserting ‘‘March 15 of each odd-numbered
year’’;
(B) by striking ‘‘fiscal year’’ the first place
it appears and inserting ‘‘biennium’’; and
(C) by striking ‘‘that fiscal year’’ and in-
serting ‘‘each fiscal year in such ensuing
biennium’’.
(6) Clause 4(h) of rule X is amended by strik-
ing ‘‘fiscal year’’ and inserting ‘‘biennium’’.
(7) Subdivision (C) of clause 2(l)(1) of rule XI
is repealed.
(8) Clause 4(a) of rule XI is amended by strik-
ing ‘‘fiscal year if reported after September 15 pre-
ceding the beginning of such fiscal year’’ and insert-
ing ‘‘biennium if reported after August 1 of the year
in which such biennium begins’’.
(9) Clause 2 of rule XLIX is amended by strik-
ing ‘‘fiscal year’’ and inserting ‘‘biennium’’.
SEC. 208. EFFECTIVE DATE; APPLICATION.
(a) IN GENERAL.—Except as provided in subsection
(b), this title and the amendments made by it shall become
effective January 1, 1995, and shall apply to bienniums
beginning after September 30, 1995.
(b) FISCAL YEAR 1995.—Notwithstanding subsection
(a), the provisions of—
(1) the Congressional Budget Act of 1974, and
(2) title 31, United States Code,
(as such provisions were in effect on the day before the
effective date of this Act) shall apply to the fiscal year
beginning on October 1, 1994.
(c) DEFINITION.—For purposes of this section, the
term ‘‘biennium’’ shall have the meaning given to such
term in section 3(11) of the Congressional Budget and
Impoundment Control Act of 1974 (2 U.S.C. 622(11)),
as added by section 202(b)(2) of this Act.
TITLE III—UNIFIED OPERATING
AND CAPITAL BUDGET
SEC. 301. STATEMENT OF FINDING AND PURPOSE.
(a) STATEMENT OF FINDING.—The Congress finds
that the existing budget obscures the distinctions between
capital activities and operating activities, and between
Federal funds and trust funds so as to hinder identifying
the resources needed to meet the Government’s needs.
(b) PURPOSE.—It is the purpose of this title that the
unified budget present a capital budget and an operating
budget, and distinguish between Federal funds and trust
funds, in order to provide better and more relevant infor-
mation on the revenues, expenses, and financing require-
ments of Government programs and activities.
SEC. 302. CAPITAL AND OPERATING BUDGETS.
Title 31, United States Code, is amended by inserting
after section 1105 the following new section:
‘‘§ 1105a. Capital and operating budgets
‘‘(a)(1) The budget of the United States submitted
by the President under section 1105 of this title shall be
a unified budget composed of an operating budget and a
capital budget.
‘‘(2) Operating and capital budgets shall be presented
separately for total funds, Federal funds, and trust funds.
‘‘(b)(1) Actual, estimated, and proposed amounts
shall be presented for total funds, Federal funds, and trust
funds and, at a minimum, shall contain—
‘‘(A) for the operating budget the following: (i)
operating revenues, (ii) operating expenses, (iii) op-
erating surplus/deficit before interfund transfers,
(iv) interfund transfers, and (v) operating surplus/
deficit;
‘‘(B) for the capital budget the following: (i)
capital revenues, (ii) capital investments, (iii) net
capital investments, (iv) interfund transfers, and (v)
capital financing requirements;
‘‘(C) items not affecting funds; and
‘‘(D) unified budget financing requirements.
‘‘(2) The capital budget shall represent only the
major activities, projects, and programs which support the
acquisition, construction, alteration, and rehabilitation of
capital assets. All other activities, projects, and programs
shall be represented in the operating budget.
‘‘(c) In addition to the unified budget submitted by
the President as required by subsections (a) and (b) of
this section, the President shall present information in the
form required by subsection (b)(1) for accounts, agencies,
and functions, to the extent applicable.
‘‘(d) In this section—
‘‘(1) ‘unified budget’ means a budget in which
revenues and expenses for Federal funds and trust
funds are consolidated to display totals for the Fed-
eral Government as a whole;
‘‘(2) ‘trust funds’ means—
‘‘(A) the Federal Old-Age and Survivors
Insurance Trust Fund,
‘‘(B) the Federal Hospital Insurance Trust
Fund,
‘‘(C) the Civil Service Retirement and Dis-
ability Fund,
‘‘(D) the Military Retirement Fund,
‘‘(E) the Federal Supplementary Medical
Insurance Trust Fund,
‘‘(F) the Unemployment Trust Fund,
‘‘(G) the Federal Disability Insurance
Trust Fund, and
‘‘(H) such other funds or accounts of the
Government that the Director of the Office of
Management and Budget, in consultation with
the Comptroller General, determines should be
classified as trust funds in order to fulfill the
purpose of this section;
‘‘(3) ‘Federal funds’ includes all accounts of the
Government that are not trust funds;
‘‘(4) ‘total funds’ means Federal funds and
trust funds and represents the unified budget;
‘‘(5) ‘capital assets’ means physical assets and
financial assets, but does not include consumable
inventories;
‘‘(6) ‘physical assets’ means tangible assets
whose ownership is or will be in the public domain;
which typically produce services or benefits, includ-
ing for national defense and security, for more than
3 years; and which have an initial cost equal to or
more than $1,000,000. Such assets include, but are
not limited to—
‘‘(A) roadways and bridges;
‘‘(B) airports and airway facilities;
‘‘(C) mass transportation systems;
‘‘(D) waste water treatment and related
facilities;
‘‘(E) water resource projects;
‘‘(F) medical facilities;
‘‘(G) resource recovery facilities;
‘‘(H) public structures;
‘‘(I) space and communication facilities;
‘‘(J) defense facilities;
‘‘(K) major weapons platforms; and
‘‘(7) ‘financial assets’ means interests of the
Federal Government in, and claims of the Federal
Government against, foreign governments, States
and their political subdivisions, corporations, asso-
ciations, and individuals and their resources which
are represented by a legal instrument (such as
bonds, debentures, notes, and other securities), less
any credit subsidy costs attributable to such finan-
cial assets;
‘‘(8) ‘credit subsidy costs’ means the losses in-
curred by the Federal Government as a result of its
direct and guaranteed loans, including such costs as
interest and default;
‘‘(9) ‘consumable inventories’ means tangible
assets of the Federal Government, including stock-
piles, supplies, and inventories, which typically are
consumed within 3 years or which have an initial
price less than $1,000,000;
‘‘(10) ‘operating revenues’ means all receipts of
the Federal Government, other than those identified
in paragraph (16), including profits and interest
earned on financial assets;
‘‘(11) ‘operating expenses’ means all expenses
of the Federal Government, other than those identi-
fied in paragraph (17), including interest payments
on debts, asset consumption charge, and credit sub-
sidy costs;
‘‘(12) ‘the operating surplus/deficit before
interfund transfers’ means the difference between
operating revenues and operating expenses before
interfund transfers;
‘‘(13) ‘interfund transfers’ means the flow of
revenues between Federal funds and trust funds ac-
counts that are expenses from the account making
the payments and revenues to the account receiving
the payments;
‘‘(14) ‘operating surplus/deficit’ means the op-
erating surplus/deficit before interfund transfers
plus or minus interfund transfers;
‘‘(15) ‘asset consumption charge’ means the
systematic allocation over the useful life of the asset
of the original cost of a physical asset financed by
the appropriation accounts for which the capital
budget required by this section applies;
‘‘(16) ‘capital revenues’ means receipts of the
Federal Government derived from the repayment of
principal invested in financial assets, and taxes, col-
lections, and receipts dedicated by statute, for the
acquisition, construction, and rehabilitation of cap-
ital assets which relate to the activities, functions,
and programs represented by the capital budget;
‘‘(17) ‘capital investments’ means expenditures
of the Federal Government, including those under
grants, contracts, and leases, which are for the ac-
quisition, construction, and rehabilitation of capital
assets;
‘‘(18) ‘net capital investments’ means the
amount by which capital investments exceed the
asset consumption charge;
‘‘(19) ‘capital financing requirements’ means
net capital investments plus or minus interfund
transfers;
‘‘(20) ‘items not affecting funds’ means
noncash outlays of the Federal Government; and
‘‘(21) ‘unified budget financing requirements’
means the total of the operating surplus/deficit and
the net capital financing requirements less items not
affecting funds.’’.
SEC. 303. CONFORMING AMENDMENTS.
(a) Paragraph (1) of section 3 of the Congressional
Budget and Impoundment Control Act of 1974 (2 U.S.C.
622(1)) is amended by adding at the end the following
new sentence: ‘‘With respect to capital investments (as
such term is defined in section 1105a(d)(17) of title 31,
United States Code), expenditures shall include only the
asset consumption charge (as such term is defined in sec-
tion 1105a(d)(15) of title 31, United States Code) in the
current biennium for all such capital investments incurred
in the current and previous bienniums.’’.
(b) Section 1112 of title 31, United States Code, is
amended—
(1) in subsection (c)(1) by inserting ‘‘criteria,
principles, and standards for determining the con-
tents of the operating and capital budgets required
under section 1105a of this title, and’’ after ‘‘includ-
ing’’; and
(2) by adding the following subsection at the
end:
‘‘(g) The Comptroller General shall review and report
to the Congress on the implementation of section 1105a
of this title as the Comptroller General deems necessary.
A review by the Comptroller General may include, but
need not be limited to, determining whether (1) the actual,
estimated, and proposed appropriations, receipts, and in-
vestments presented in the capital budget represent activi-
ties, functions, and programs which support the acquisi-
tion, construction, alteration, and rehabilitation of capital
assets, and (2) the classifications made by the Director
of the Office of Management and Budget under section
1105a(d)(2)(H) of this title further the purposes of
section 1105a.’’.
SEC. 304. PUBLIC WORKS FINANCING INFORMATION.
Title VII of the Public Works and Economic Develop-
ment Act of 1965 (42 U.S.C. 3211–3226) is amended by
adding at the end the following new section:
‘‘SEC. 717. PUBLIC WORKS FINANCING INFORMATION.
‘‘(a) TRANSPORTATION REPORTS.—Not later than
12 months after the date of the enactment of the Com-
prehensive Budget Process Reform Act of 1993, and an-
nually thereafter, the Secretary of Transportation shall re-
port to the House Committee on Public Works and Trans-
portation and the Senate Committee on Environment and
Public Works, at the account, function, and agency levels,
the actual, estimated, and proposed appropriations, re-
ceipts, and expenditures for capital activities and operat-
ing activities associated with the following:
‘‘(1) roadways and bridges;
‘‘(2) airports and airway facilities; and
‘‘(3) mass transportation systems.
‘‘(b) WATER POLLUTION REPORTS.—Not later than
12 months after the date of the enactment of the Com-
prehensive Budget Process Reform Act of 1993, and an-
nually thereafter, the Administrator of the Environmental
Protection Agency shall report to the House Committee
on Public Works and Transportation and the Senate Com-
mittee on Environment and Public Works, at the account
and function levels, the actual, estimated, and proposed
appropriations, receipts, and expenditures for capital ac-
tivities and operating activities associated with waste
water treatment and related facilities.
‘‘(c) WATER RESOURCES REPORTS.—Not later than
12 months after the date of the enactment of the Com-
prehensive Budget Process Reform Act of 1993, and an-
nually thereafter, the Assistant Secretary of the Army for
Civil Works shall report to the House Committee on Pub-
lic Works and Transportation and the Senate Committee
on Environment and Public Works, at the account and
function levels, the actual, estimated, and proposed appro-
priations, receipts, and expenditures for capital activities
and operating activities associated with water resource
projects.
‘‘(d) PUBLIC BUILDINGS REPORTS.—Not later than
12 months after the date of the enactment of the Com-
prehensive Budget Process Reform Act of 1993, and an-
nually thereafter, the Administrator of the General Serv-
ices Administration shall report to the House Committee
on Public Works and Transportation and the Senate Com-
mittee on Environment and Public Works, at the account
and function levels, the actual, estimated, and proposed
appropriations, receipts, and expenditures for capital ac-
tivities and operating activities associated with public
buildings.’’.
SEC. 305. LEASING VERSUS PURCHASING ANALYSES.
(a) OMB REGULATIONS.—Chapter 11 of title 31,
United States Code, (as amended by sections 602 and 701
of this Act) is amended by adding after section 1117 the
following new section:
‘‘§ 1118. Lease/Purchase Analyses
‘‘The Office of Management and Budget shall pro-
mulgate regulations requiring—
‘‘(1) that each department and agency establish
standards to compare the advantages and disadvan-
tages of leasing versus purchasing any proposed real
estate or equipment with a cost in excess of
$10,000,000; and
‘‘(2) that each such analysis compares the net
present value of the 2 alternatives and be completed
before any commitment to purchase or lease any
such real estate or equipment may be entered into
by that department or agency.’’.
(b) TECHNICAL AND CONFORMING AMENDMENT.—
The table of sections for chapter 11 of title 31, United
States Code, is amended by adding after the item relating
to section 1117 the following new item:
‘‘1118. Lease/purchase analyses.’’.
TITLE IV—SUNSET AUTHORITY
SEC. 401. The purposes of this title are—
(1) to require that most Government programs
be reauthorized according to a schedule at least once
every ten years;
(2) to limit the length of time for which Gov-
ernment programs can be authorized to ten years;
(3) to bar the expenditure of funds for Govern-
ment programs which have not been provided for by
a law enacted during the ten-year sunset reauthor-
ization cycle; and
(4) to encourage the reexamination of selected
Government programs each Congress.
SEC. 402. (a) For purposes of this title—
(1) The term ‘‘budget authority’’ has the mean-
ing given to it by section 3(2) of the Congressional
Budget and Impoundment Control Act of 1974.
(2) The term ‘‘permanent budget authority’’
means budget authority provided for an indefinite
period of time or an unspecified number of
bienniums which does not require recurring action
by the Congress, but does not include budget au-
thority provided for a specified biennium which is
available for obligation or expenditure in one or
more succeeding bienniums.
(3) The term ‘‘Comptroller General’’ means the
Comptroller General of the United States.
(4) The term ‘‘agency’’ means an executive
agency as defined in section 105 of title 5, United
States Code, except that such term includes the
United States Postal Service and the Postal Rate
Commission but does not include the General
Accounting Office.
(5) The term ‘‘sunset reauthorization cycle’’
means the period of five Congresses beginning with
the One Hundred Fourth Congress and with each
sixth Congress following the One Hundred Fourth
Congress.
(b) For purposes of this title, each program (includ-
ing any program exempted by a provision of law from in-
clusion in the Budget of the United States) shall be as-
signed to the functional and subfunctional categories to
which it is assigned in the Budget of the United States
Government, fiscal year 1991. Each committee of the Sen-
ate or the House of Representatives which reports any bill
or resolution which authorizes the enactment of new budg-
et authority for a program not included in the fiscal year
1991 budget shall include, in the committee report accom-
panying such bill or resolution (and, where appropriate,
the conferees shall include in their joint statement on such
bill or resolution), a statement as to the functional and
subfunctional category to which such program is to be
assigned.
(c) For purposes of subtitles A, B, and C of this title,
the reauthorization date applicable to a program is the
date specified for such program under section 411(b).
Subtitle A—Reauthorization of
Government Programs
SEC. 411. (a) Each Government program (except
those listed in section 413) shall be reauthorized at least
once during each sunset reauthorization cycle during the
Congress in which the reauthorization date applicable to
such program (pursuant to subsection (b)) occurs.
(b) The first reauthorization date applicable to a Gov-
ernment program is the date specified in the following
table, and each subsequent reauthorization date applicable
to a program is the date ten years following the preceding
reauthorization date:
Programs included within subfunctional category
First reauthorization
date
254 Space, Science, Applications and Technology.
September 30, 1996.
272 Energy Conservation.
301 Water Resources.
352 Agriculture and Research Services.
371 Mortgage Credit and Thrift Insurance.
376 Other Advancement and Regulation of Com-
merce.
501 Elementary, Secondary, and Vocational Edu-
cation.
601 General Retirement and Disability Insur-
ance.
602 Federal Employment Retirement and Dis-
ability.
703 Hospital and Medical Care for Veterans.
807 Other General Government.
051 Department of Defense—Military.
September 30, 1998.
053 Atomic Energy Defense Activities.
154 Foreign Information and Exchange Act.
251 General Science and Basic Research.
306 Other Natural Resources.
351 Farm Income Stabilization.
401 Ground Transportation.
502 Higher Education.
553 Education and Training of Health Care
Work Force.
701 Income Security for Veterans.
Programs included within subfunctional category
First reauthorization
date
802 Executive Director and Management.
803 Central Fiscal Operations.
054 Defense Related Activities.
September 30, 2000.
152 International Security Assistance.
155 International Financial Programs.
253 Space Flight.
255 Supporting Space Activities.
274 Emergency Energy Preparedness.
302 Conservation and Land Management.
304 Pollution Control and Abatement.
407 Other Transportation.
504 Training and Employment.
506 Social Services.
554 Consumer and Occupational Health and
Safety.
704 Veterans Housing.
751 Federal Law Enforcement Activities.
801 Legislative Function.
806 Other General Purpose Fiscal Assistance.
153 Conduct of Foreign Affairs.
September 30, 2002.
271 Energy Supply.
303 Recreational Resources.
402 Air Transportation.
505 Other Labor Services.
551 Health Care Services.
604 Public Assistance and Other Income Supple-
ments.
702 Veterans Education, Training, and Rehabili-
tation.
753 Federal Correctional Activities.
805 Central Personnel Management.
151 Foreign Economic and Financial Assistance.
September 30, 2004.
276 Energy Information, Policy and Regulation.
372 Postal Service.
403 Water Transportation.
451 Community Development.
452 Area and Regional Development.
453 Disaster Relief and Insurance.
503 Research and General Education Aids.
552 Health Research.
603 Unemployment Compensation.
705 Other Veterans Benefits and Services.
754 Criminal Justice Assistance.
804 General Property and Record Management.
(c)(1) It shall not be in order in either the Senate
or the House of Representatives to consider any bill or
resolution, or amendment thereto, which authorizes the
enactment of new budget authority for a program for a
period of more than 5 bienniums, for an indefinite period,
or (except during the Congress in which such next reau-
thorization date occurs) for any biennium beginning after
the next reauthorization date applicable to such program.
Notwithstanding the preceding sentence, it shall be in
order to consider a bill or resolution for the purpose of
considering an amendment to the bill or resolution which
would make the authorization period conform to the
requirement of such sentence.
(2)(A) It shall not be in order in either the Senate
or the House of Representatives to consider any bill or
resolution, or amendment thereto, which provides new
budget authority for a program for any biennium begin-
ning after any reauthorization date applicable to such pro-
gram under subsection (b), unless the provision of such
new budget authority is specifically authorized by a law
which constitutes a required authorization for such
program.
(B) For the purposes of this subtitle, the term ‘‘re-
quired authorization’’ means a law authorizing the enact-
ment of new budget authority for a program, which com-
plies with the provisions of paragraph (1).
(3) No new budget authority may be obligated or ex-
pended for a program for a biennium beginning after the
last biennium in a sunset reauthorization cycle unless a
provision of law providing for the expenditure of such
funds has been enacted during such sunset reauthorization
cycle.
(4) Any provision of law providing permanent budget
authority for a program shall cease to be effective (for the
purpose of providing such budget authority) on the first
reauthorization date applicable to such program.
(5) It shall not be in order in either the Senate or
the House of Representatives to consider any bill or reso-
lution, or amendment thereto, which provides new budget
authority for a program unless the bill or resolution, or
amendment thereto (or the report which accompanies such
bill or resolution), includes a specific reference to the pro-
vision of law which constitutes a required authorization
for such program. Notwithstanding the preceding sen-
tence, it shall be in order to consider a bill or resolution
for the purpose of considering an amendment which pro-
vides such reference to the appropriate provision of law.
SEC. 412. (a) It shall not be in order in either the
Senate or the House of Representatives to consider any
bill or resolution, or amendment thereto, which has been
reported by a committee and which authorizes the enact-
ment of new budget authority for a program for a bien-
nium beginning after the next reauthorization date appli-
cable to such program, unless a reauthorization review of
such program has been completed during the Congress in
which the reauthorization date for such program occurs
(or during a subsequent Congress when such required au-
thorization is considered), and the report accompanying
such bill or resolution includes a separate section entitled
‘‘Reauthorization Review’’ recommending, based on such
review, whether the program or the laws affecting such
program should be continued without change, continued
with modifications, or terminated, and also includes, to the
extent the committee or committees having jurisdiction
deem appropriate, each of the following matters:
(1) Information and analysis on the organiza-
tion, operation, costs, results, accomplishments, and
effectiveness of the program.
(2) An identification of any other programs
having similar objectives, and a justification of the
need for the proposed program in comparison with
those other programs which may be potentially con-
flicting or duplicative.
(3) An identification of the objectives intended
for the program, and the problems or needs which
the program is intended to address, including an
analysis of the performance expected to be achieved,
based on the bill or resolution as reported.
(4) A comparison of the amount of new budget
authority which was authorized for the program in
each of the previous 2 bienniums and the amount of
new budget authority provided in each such year.
(b) It shall not be in order in either the Senate or
the House of Representatives to consider a bill or resolu-
tion, or amendment thereto, which authorizes the enact-
ment of new budget authority for a program for which
there previously has been no such authorization unless the
report accompanying such bill or resolution sets forth, to
the extent that the committee or committees having juris-
diction deem appropriate, the information specified in sub-
sections (a)(2) and (a)(3).
(c) Each committee having legislative jurisdiction
over a program referred to in section 413 shall conduct
a review of such program of the type described in sub-
section (a) of this section at least once during each sunset
reauthorization cycle, during the Congress in which the
reauthorization date applicable to such program occurs,
and shall submit to the Senate or the House of Represent-
atives, as the case may be, a report containing its rec-
ommendations and other information of the type described
in subsection (a). It shall not be in order in either the
Senate or the House of Representatives to consider a bill
or resolution reported by the committee having legislative
jurisdiction which authorizes the enactment of new budget
authority for such program unless such report accom-
panies such bill or resolution, or has been submitted dur-
ing the Congress in which the reauthorization date for
such program occurred as provided in section 411(b),
whichever first occurs.
SEC. 413. Section 411(c) shall not apply to the
following:
(1) Programs included within functional cat-
egory 900 (Interest).
(2) Programs which are related to the adminis-
tration of the Federal judiciary and which are classi-
fied in the fiscal year 1993 budget under
subfunctional category 752 (Federal litigative and
judicial activities).
(3) Payments of refunds of internal revenue col-
lections as provided in title I of the Supplemental
Treasury and Post Office Departments Appropria-
tion Act of 1949 (62 Stat. 561), but not to include
refunds to persons in excess of their tax payments.
SEC. 414. (a) It is the sense of the Congress that
all programs should be considered and reauthorized in
program categories which constitute major areas of legis-
lative policy. Such authorizations should be for sufficient
periods of time to enhance oversight and the review and
evaluation of Government programs.
(b) The reauthorization schedule contained in section
411(b) may be changed by concurrent resolution of the
two Houses of the Congress (except that changes in the
schedule affecting permanent appropriations may be made
only by law).
(c) All messages, petitions, memorials, concurrent
resolutions, and bills proposing changes in section 411(b)
and all bills proposing changes in section 413, shall be
referred first to the committee with legislative jurisdiction
over any program affected by the proposal and sequen-
tially to the Committee on Rules in the House of Rep-
resentatives or to the Committee on Rules and Adminis-
tration in the Senate.
(d) Except as provided in subsection (f), the Commit-
tee on Rules in the House of Representatives or the Com-
mittee on Rules and Administration in the Senate shall
report with its recommendations any concurrent resolution
or bill referred to it under subsection (c) and which pre-
viously has been reported favorably by a committee of leg-
islative jurisdiction within thirty days (not counting any
day on which the Senate or the House of Representatives
is not in session), beginning with the day following the
day on which such resolution or bill is so referred.
(e) The recommendations of the Committee on Rules
or the Committee on Rules and Administration pursuant
to subsection (d) or (f) shall include a statement on each
of the following matters:
(1) The effect the proposed change would have
on the sunset reauthorization schedule.
(2) The effect the proposed change would have
on the jurisdictional and reauthorization responsibil-
ities and workloads of the authorizing committees
of Congress.
(3) Any suggested grouping of similar programs
which would further the goals of this title to make
more effective comparisons between programs having
like objective.
(f) Any concurrent resolution or bill proposing a
change in section 411(b) or 413 shall be referred in the
House to the Committee on Rules and in the Senate to
the Committee on Rules and Administration. Such com-
mittee shall report an omnibus concurrent resolution or
bill containing its recommendations regarding the pro-
posed changes and consideration of such bill or resolution
shall be highly privileged in the House of Representatives
and privileged in the Senate. The provisions of subsections
(c) and (d) of section 1017 of the Impoundment Control
Act of 1974, insofar as they relate to consideration of re-
scission bills, shall apply to the consideration of concur-
rent resolutions and bills proposing changes reported pur-
suant to this subsection, amendments thereto, motions
and appeals with respect thereto, and conference reports
thereon.
(g) It shall not be in order in the Senate or the House
of Representatives to consider a bill or resolution reported
pursuant to subsection (b), (c), (d), or (f) which proposes
a reauthorization date for a program beyond the final re-
authorization date of the sunset reauthorization cycle then
in progress. Notwithstanding the preceding sentence, it
shall be in order to consider a bill or resolution for the
purpose of considering an amendment which meets the
requirements of this subsection.
Subtitle II—Program Inventory
SEC. 421. (a) The Comptroller General and the Di-
rector of the Congressional Budget Office, in cooperation
with the Director of the Congressional Research Service,
shall prepare an inventory of Federal programs (herein-
after in this subtitle referred to as the ‘‘program inven-
tory’’).
(b) The purpose of the program inventory is to advise
and assist the Congress in carrying out the requirements
of subtitles A and C. Such inventory shall not in any way
bind the committees of the Senate or the House of Rep-
resentatives with respect to their responsibilities under
such subtitles and shall not infringe on the legislative and
oversight responsibilities of such committees. The Comp-
troller General shall compile and maintain the inventory,
and the Director of the Congressional Budget Office shall
provide budgetary information for inclusion in the inven-
tory.
(c) Not later than January 1, 1995, the Comptroller
General, after consultation with the Director of the Con-
gressional Budget Office and the Director of the Congres-
sional Research Service, shall submit the program inven-
tory to the Senate and House of Representatives.
(d) In the report submitted under this section, the
Comptroller General, after consultation and in cooperation
with and consideration of the views and recommendations
of the Director of the Congressional Budget Office, shall
group programs into program areas appropriate for the
exercise of the review and reexamination requirements of
this subtitle. Such groupings shall identify program areas
in a manner which classifies each program in only one
functional and only one subfunctional category and which
is consistent with the structure of national needs, agency
missions, and basic programs developed pursuant to sec-
tion 1105 of title 31, United States Code.
(e) The program inventory shall set forth for each
program each of the following matters:
(1) The specific provision or provisions of law
authorizing the program.
(2) The committees of the Senate and the
House of Representatives which have legislative or
oversight jurisdiction over the program.
(3) A brief statement of the purpose or pur-
poses to be achieved by the program.
(4) The committees which have jurisdiction over
legislation providing new budget authority for the
program, including the appropriate subcommittees of
the Committees on Appropriations of the Senate and
the House of Representatives.
(5) The agency and, if applicable, the subdivi-
sion thereof responsible for administering the pro-
gram.
(6) The grants-in-aid, if any, provided by such
program to State and local governments.
(7) The next reauthorization date for the pro-
gram.
(8) A unique identification number which links
the program and functional category structure.
(9) The year in which the program was origi-
nally established and, where applicable, the year in
which the program expires.
(10) Where applicable, the year in which new
budget authority for the program was last author-
ized and the year in which current authorizations of
new budget authority expire.
(f) The inventory shall contain a separate tabular list-
ing of programs which are not required to be reauthorized
pursuant to section 411(c).
(g) The report also shall set forth for each program
whether the new budget authority provided for such
programs is—
(1) authorized for a definite period of time;
(2) authorized in a specific dollar amount but
without limit of time;
(3) authorized without limit of time or dollar
amounts;
(4) not specifically authorized; or
(5) permanently provided,
as determined by the Director of the Congressional
Budget Office.
(h) For each program or group of programs, the pro-
gram inventory also shall include information prepared by
the Director of the Congressional Budget Office indicating
each of the following matters:
(1) The amounts of new budget authority au-
thorized and provided for the program for each of
the preceding 2 bienniums and, where applicable, the
2 succeeding bienniums.
(2) The functional and subfunctional category
in which the program is presently classified and was
classified under the fiscal year 1993 budget.
(3) The identification code and title of the ap-
propriation account in which budget authority is
provided for the program.
SEC. 422. The General Accounting Office, the Con-
gressional Research Service, and the Congressional Budg-
et Office shall permit the mutual exchange of available in-
formation in their possession which would aid in the com-
pilation of the program inventory.
SEC. 423. The Office of Management and Budget,
and the Executive agencies and the subdivisions thereof
shall, to the extent necessary and possible, provide the
General Accounting Office with assistance requested by
the Comptroller General in the compilation of the program
inventory.
SEC. 424. Each committee of the Senate and the
House of Representatives, the Congressional Budget Of-
fice, and the Congressional Research Service shall review
the program inventory as submitted under section 421 and
not later than September 1, 1993, each shall advise the
Comptroller General of any revisions in the composition
or identification of programs and groups of programs
which it recommends. After full consideration of the re-
ports of all such committees and officials, the Comptroller
General in consultation with the committees of the Senate
and the House of Representatives shall report, not later
than May 1, 1995, a revised program inventory to the
Senate and the House of Representatives.
SEC. 425. (a) The Comptroller General, after the
close of each session of the Congress, shall revise the pro-
gram inventory and report the revisions to the Senate and
the House of Representatives.
(b) After the close of each session of the Congress,
the Director of the Congressional Budget Office shall pre-
pare a report, for inclusion in the revised inventory, with
respect to each program included in the program inventory
and each program established by law during such session,
which includes the amount of the new budget authority
authorized and the amount of new budget authority pro-
vided for the current biennium and each of the 2 succeed-
ing bienniums. If new budget authority is not authorized
or provided or is authorized or provided for an indefinite
amount for any of such 2 succeeding bienniums with re-
spect to any program, the Director shall make projections
of the amounts of such new budget authority necessary
to be authorized or provided for any such biennium to
maintain a current level of services.
(c) Not later than one year after the first or any sub-
sequent reauthorization date, the Director of the Congres-
sional Budget Office, in consultation with the Comptroller
General and the Director of the Congressional Research
Service, shall compile a list of the provisions of law related
to all programs subject to such reauthorization date for
which new budget authority was not authorized. The Di-
rector of the Congressional Budget Office shall include
such a list in the report required by subsection (b). The
committees with legislative jurisdiction over the affected
programs shall study the affected provisions and make any
recommendations they deem to be appropriate with regard
to such provisions to the Senate and the House of
Representatives.
SEC. 426. The Director of the Congressional Budget
Office and the Comptroller General shall include in their
respective reports to the Congress pursuant to section
202(f) of the Congressional Budget Act of 1974 and sec-
tion 719 of title 31, United States Code, an assessment
of the adequacy of the functional and subfunctional cat-
egories contained in section 411(b) of this title for group-
ing programs of like missions or objectives.
SEC. 427. (a) The Director of the Congressional
Budget Office shall tabulate and issue an annual report
on the progress of congressional action on bills and resolu-
tions reported by a committee of either House or passed
by either House which authorize the enactment of new
budget authority for programs.
(b) The report shall include an up-to-date tabulation
for the biennium beginning October 1 and the succeeding
2 bienniums of the amounts of budget authority (1) au-
thorized by law or proposed to be authorized in any bill
or resolution reported by any committee of the Senate or
the House of Representatives, or (2) if budget authority
is not authorized or proposed to be authorized for any of
the 2 bienniums, the amounts necessary to maintain a cur-
rent level of services for programs in the inventory.
(c) The Director of the Congressional Budget Office
shall issue periodic reports on the programs and the provi-
sions of laws which are scheduled for reauthorization in
each Congress pursuant to the reauthorization schedule
in section 411(b). In these reports, the Director shall iden-
tify each provision of law which authorizes the enactment
of new budget authority for programs scheduled for reau-
thorization and the title of the appropriation bill, or part
thereof, which would provide new budget authority pursu-
ant to each authorization.
Subtitle C—Program
Reexamination
SEC. 431. (a) Each committee of the Senate and the
House of Representatives periodically shall provide
through the procedures established in section 432, for the
conduct of a comprehensive reexamination of selected
programs or groups of programs over which it has
jurisdiction.
(b) In selecting programs and groups of programs for
reexamination, each committee shall consider each of the
following matters:
(1) The extent to which substantial time has
passed since the program or group of programs has
been in effect.
(2) The extent to which a program or group of
programs appears to require significant change.
(3) The resources of the committee with a view
toward undertaking reexaminations across a broad
range of programs.
(4) The desirability of examining related pro-
grams concurrently.
SEC. 432. (a)(1) The funding resolution first re-
ported by each committee of the Senate in 1995, and
thereafter for the first session of each Congress, shall in-
clude, and the first funding resolution introduced by each
committee of the House of Representatives (and referred
to the Committee on House Administration) for such year
and thereafter for the first session of each Congress shall
include, a section setting forth the committee’s plan for
reexamination of programs under this subtitle. Such plan
shall include each of the following matters:
(A) The programs to be reexamined and the
reasons for their selection.
(B) The scheduled completion date for each
program reexamination, which date shall not be later
than the end of the Congress preceding the Congress
in which the reauthorization date applicable to a
program occurs as provided in section 411(b), unless
the committee explains in a statement in the report
accompanying its proposed funding resolution (in
the Senate), or in a statement supplied by the re-
spective committee and included in the report of the
Committee on House Administration (in the House
of Representatives), the reasons for a later comple-
tion date, except that reports on programs scheduled
for reauthorization during the 103d Congress may
be submitted at any time on or before February 15,
1995.
(C) The estimated cost for each reexamination.
(2) The report accompanying the funding resolution
reported by each committee of the Senate in 1995 and
thereafter for the first session of each Congress, shall in-
clude, and the report accompanying the funding resolution
reported by the Committee on House Administration with
respect to each committee of the House of Representatives
shall include, a statement of that committee, with respect
to each reexamination in its plan, of each of the following
matters:
(A) A description of the components of the
reexamination.
(B) A statement of whether the reexamination
is to be conducted (i) by the committee, or (ii) at the
request and under the direction of or under contract
with the committee, as the case may be, by one or
more instrumentalities of the legislative branch, one
or more instrumentalities of the executive branch, or
one or more nongovernmental organizations, or (iii)
by a combination of the foregoing.
(3) It shall not be in order to consider a funding reso-
lution with respect to a committee of the Senate or the
House of Representatives in 1995, and thereafter for the
first session of a Congress, unless—
(A) such resolution includes a section contain-
ing the information described in paragraph (1) and
the report accompanying such resolution contains
the information described in paragraph (2); and
(B) the report required by subsection (c) with
respect to each program reexamination scheduled for
completion during the preceding Congress by such
committee has been submitted for printing.
(4) It shall not be in order to consider an amendment
to the section of a funding resolution described in para-
graph (1) reported by a committee of the Senate for a
year, or reported by the Committee on House Administra-
tion with respect to a committee of the House of Rep-
resentatives for a year—
(A) if such amendment would require reexam-
ination of a program which has been reexamined by
such committee under this section during any of the
five preceding years;
(B) if such amendment would cause such sec-
tion not to contain the information described in
paragraph (1) with respect to each program to be
reexamined by such committee; or
(C) if notice of intention to propose such
amendment has not been given to such committee
and, in the case of an amendment in the Senate, to
the Committee on Rules and Administration of the
Senate, or, in the case of an amendment in the
House of Representatives, to the Committee on
House Administration, not later than January 20 of
the calendar year in which such year begins or the
first day of the session of the Congress in which
such year begins, whichever is later.
The notice required by subparagraph (C) shall include the
substance of the amendment intended to be proposed, and,
if such amendment would add one or more programs to
be reexamined, shall include the information described in
paragraphs (1) and (2) with respect to each such program.
Subparagraph (C) shall not apply to amendments pro-
posed by such committee or by the Committee on Rules
and Administration or House Administration, as the case
may be.
(b) In order to achieve coordination of progam
reexamination each committee shall, in preparing each re-
examination plan required by subsection (a), consult with
appropriate committees of the Senate or appropriate com-
mittees of the House of Representatives, as the case may
be, and shall inform itself of related activities of and sup-
port or assistance that may be provided by (1) the General
Accounting Office, the Congressional Budget Office, the
Congressional Research Service, and the Office of Tech-
nology Assessment, and (2) appropriate instrumentalities
in the executive and judicial branches.
(c) Each committee shall prepare and have printed
a report with respect to each reexamination completed
under this subtitle. Each such report shall be delivered
to the Secretary of the Senate or the Clerk of the House
of Representatives, as the case may be, not later than the
date specified in the resolution and printed as a Senate
or House document, accordingly. To the extent permitted
by law or regulation, such number of additional copies as
the committee may order shall be printed for the use of
the committee. If two or more committees have legislative
jurisdiction over the same program or portions of the same
program, such committees may reexamine such program
jointly and submit a joint report with respect to such
reexamination.
(d) The report pursuant to subsection (c) shall set
forth the findings, recommendations, and justifications
with respect to the program, and shall include to the
extent the committee deems appropriate, each of the
following matters:
(1) An identification of the objectives intended
for the program and the problem it was intended to
address.
(2) An identification of any trends, develop-
ments, and emerging conditions which are likely to
affect the future nature and extent of the problems
or needs which the program is intended to address
and an assessment of the potential primary and sec-
ondary effects of the proposed program.
(3) An identification of any other program hav-
ing potentially conflicting or duplicative objectives.
(4) A statement of the number and types of
beneficiaries or persons served by the program.
(5) An assessment of the effectiveness of the
program and the degrees to which the original objec-
tives of the program or group of programs have been
achieved.
(6) An assessment of the cost effectiveness of
the program, including where appropriate, a cost-
benefit analysis of the operation of the program.
(7) An assessment of the relative merits of al-
ternative methods which could be considered to
achieve the purposes of the program.
(8) Information on the regulatory, privacy, and
paperwork impacts of the program.
(e) A report submitted pursuant to this section shall
be deemed to satisfy the reauthorization review require-
ments of subtitle A.
SEC. 433. Each department or agency of the execu-
tive branch which is responsible for the administration of
a program selected for reexamination pursuant to this
subtitle shall, not later than six months before the comple-
tion date specified for reexamination reports pursuant to
section 432(a)(1)(B), submit to the Office of Management
and Budget and to the appropriate committee or commit-
tees of the Senate and the House of Representatives a re-
port of its findings, recommendations, and justifications
with respect to each of the matters set forth in section
432(d), and the Office of Management and Budget shall
submit to such committee or committees such comments
as it deems appropriate.
SEC. 434. For the purposes of this subtitle—
(1) The term ‘‘funding resolution’’ means, with
respect to each committee of the House of Rep-
resentatives, the primary funding resolution for such
committee which is effective for the duration of a
Congress.
(2) An amendment to a funding resolution in-
cludes a resolution of the Senate which amends such
funding resolution.
Subtitle D—Tax Expenditures
SEC. 441. For purposes of this subtitle—
(1) the statute, regulation, ruling, or other cir-
cumstance which is the basis for the tax expenditure
provision;
(2) an identification of the tax against which
the tax expenditure provision allows a special exclu-
sion, exemption, or deduction in determining liability
or provides a special credit, a preferential rate of
tax, or a deferral of tax liability;
(3) a brief statement of the purpose or pur-
poses to be achieved by the tax expenditure provi-
sion;
(4) the period of time, if any, for which the tax
expenditure provision has been in effect;
(5) the estimated revenue loss from the tax ex-
penditure provision for the preceding 2 bienniums;
(6) an analysis of the distributional impact of
the tax expenditure provision; and
(7) the functional and subfunctional category of
the budget in which the tax expenditure provision is
classified.
(b) The General Accounting Office, the Congressional
Research Service, and the Office of Technology Assess-
ment shall provide the Congressional Budget Office and
the Joint Tax Committee with information requested
which would aid in the compilation of the tax inventory.
(c) The Department of the Treasury, the Office of
Management and Budget, and the other agencies shall, to
the extent necessary and possible, provide the Congres-
sional Budget Office and the Joint Tax Committee with
any assistance requested for the preparation of the tax
inventory.
SEC. 443. The Committee on Ways and Means and
the Committee on Finance shall review the tax inventory
submitted as provided in section 442 and, not later than
October 1, 1995, shall advise the Director of the Congres-
sional Budget Office of any proposed revisions in the com-
position or identification of tax expenditure provisions in
the tax inventory. After considering the advice of such
committees, such Director, in consultation with the Joint
Tax Committee, shall report, not later than December 1,
1995, a revised tax inventory to the House and the Senate.
SEC. 444. (a) The Director of the Congressional
Budget Office, after the close of each session of the Con-
gress, shall revise the tax inventory after consultation with
the Joint Tax Committee and issue a report on the revi-
sions thereto to the Senate and House of Representatives.
Such report shall indicate, with respect to each tax ex-
penditure provision established during such session, the
revenue loss which will result in the current biennium and
the 2 succeeding bienniums.
(b) The Director of the Congressional Budget Office
shall tabulate and issue periodic reports to the Senate and
the House of Representatives on the progress of congres-
sional action on bills and resolutions reported by the Com-
mittee on Ways and Means or the Committee on Finance
or passed by either House which affect tax expenditure
provisions and each new tax expenditure provision pro-
posed to be enacted by any bill or resolution reported, with
respect to the amount of revenue loss which would result
in the next biennium and each of the 2 succeeding
bienniums.
SEC. 445. (a) During the first session of the One
Hundred Fourth Congress, the Committee on Ways and
Means and the Committee on Finance shall report, and
the Congress shall complete action on, a bill prescribing
a schedule of reauthorization dates for all tax expenditure
provisions (other than those specifically exempted in the
bill) which are in the tax inventory, or, if not in such in-
ventory, which are in effect on the date of the enactment
of such bill or which have been enacted or otherwise estab-
lished as of such date and will become effective after such
date. Under such schedule there shall be 5 first reauthor-
ization dates for tax expenditure provisions beginning with
September 30, 1996, and continuing on September 30 of
each of the following 4 even-numbered years, and each
subsequent reauthorization date applicable to a tax ex-
penditure provision shall be the date 10 years following
the preceding reauthorization date.
(b) Upon enactment of the bill described in sub-
section (a), and subject to the rules and changes provided
pursuant to section 406, each tax expenditure provision
shall cease to be effective on January 1 of the year follow-
ing the first (or subsequent) reauthorization date provided
in the schedule adopted pursuant to subsection (a) and
the bills, resolutions, or amendments thereto enacted pur-
suant to subsection (d), unless it would otherwise cease
to be effective at an earlier date, or unless it is reauthor-
ized by a law enacted after the date of enactment of this
title.
(c) It shall not be in order in either the Senate or
the House of Representatives to consider a bill or resolu-
tion, or amendment thereto, which provides for the reau-
thorization of all or part of a tax expenditure provision
which is in the schedule adopted pursuant to subsection
(a) or which was enacted pursuant to subsection (d)—
(1) for an indefinite period of time,
(2) for a period exceeding 10 taxable years, or
(3) (except during the Congress in which the
next reauthorization date for such provision occurs)
for any taxable year beginning after the next reau-
thorization date applicable to such tax expenditure
provision.
(d) After the enactment of the bill described in sub-
section (a), it shall not be in order in either the Senate
or the House of Representatives to consider any bill or
resolution, or amendment thereto, which proposes the en-
actment of a tax expenditure provision (other than a reau-
thorization under subsection (c)) that does not have a re-
authorization date (and subsequent reauthorization dates)
which conform with the schedule provided in subsection
(a).
(e) Reauthorization dates shall be prescribed under
subsections (a) and (d) so as to provide for a review of
tax expenditure provisions during the same Congress as
the review under this title of programs and tax expendi-
ture provisions having similar objectives, consistent with
providing an even distribution of the work of reviewing
tax expenditure provisions during each Congress and tak-
ing into consideration the economic impact of the review
process and the interest of avoiding adverse impact on pre-
viously acquired assets.
SEC. 446. In carrying out the requirements of section
445 the Committee on Ways and Means, the Committee
on Finance, and the Congress may prescribe transition
rules and conforming and technical changes to minimize
unfairness, to mitigate any adverse effect which might re-
sult for taxpayers who have relied on a tax expenditure
provision, or to provide for an orderly end of the effective-
ness of any such provision.
SEC. 447. It shall not be in order in either the Senate
or the House of Representatives to consider a bill, resolu-
tion, or amendment thereto which proposes a reauthoriza-
tion date for a tax expenditure provision beyond the final
reauthorization date of the current sunset reauthorization
cycle.
SEC. 448. (a) It shall not be in order in either the
Senate or the House of Representatives to consider any
bill, resolution, or amendment thereto, which provides for
the reauthorization of a tax expenditure provision for a
taxable year beginning after the next reauthorization date
applicable to such provision, unless a reauthorization re-
view of such provision has been completed during the Con-
gress in which the reauthorization date for such provision
occurs, and the report accompanying such bill or resolu-
tion includes a recommendation as to whether the tax ex-
penditure provision should be continued without change,
continued with modifications, or terminated, and includes,
in the scope and detail the Committee on Ways and Means
and the Committee on Finance deem appropriate, the
following:
(1) information and analysis on the operation,
costs, results, accomplishments, and effectiveness of
the tax expenditure provision;
(2) an identification of any other tax expendi-
ture provisions or any other programs having similar
objectives, and a justification of the need for the
proposed tax expenditure in comparison with those
tax expenditure provisions or programs which may
be potentially conflicting or duplicative; and
(3) an identification of the objectives intended
for the tax expenditure provision, and the problem
or needs which the tax expenditure provision is in-
tended to address, including an analysis of the per-
formance expected to be achieved, based on the bill
or resolution as reported.
(b) It shall not be in order in either the Senate or
the House of Representatives to consider any bill, resolu-
tion, or amendment thereto, which proposes the enactment
of a new tax expenditure provision unless the bill, resolu-
tion, or amendment thereto is accompanied by a report
which sets forth, in the scope and detail the Committee
on Ways and Means and the Committee on Finance deem
appropriate, the information specified in subsections
(a)(2) and (a)(3) of this section.
Subtitle E—Miscellaneous
SEC. 451. Section 1108(e) of title 31, United States
Code, is amended by inserting before the period a comma
and ‘‘or at the request of a committee of either House
of Congress presented after the day on which the Presi-
dent transmits the budget to the Congress under section
1105 of this title for the biennium’’.
SEC. 452. Nothing in this title shall require the public
disclosure of matters that are specifically authorized under
criteria established by an Executive order to be kept secret
in the interest of national defense or foreign policy and
are in fact properly classified pursuant to such Executive
order, or which are otherwise specifically protected by law.
SEC. 453. The provisions of this section and sections
411(a), 411(b), 411(c)(1), 411(c)(2), 411(c)(5), 412,
414(a), 414(c), 414(d), 414(e), 414(f), 414(g), subtitle C
(except section 433), sections 445 (c) and (d), 447, and
448, section 455, and section 456 of this title are enacted
by the Congress—
(1) as an exercise of the rulemaking power of
the Senate and the House of Representatives respec-
tively, and as such they shall be considered as part
of the rules of each House, respectively, or of that
House to which they specifically apply, and such
rules shall supersede other rules only to the extent
that they are inconsistent therewith; and
(2) with full recognition of the constitutional
right of either House to change such rules (so far
as relating to such House) at any time, in the same
manner, and to the same extent as in the case of
any other rule of such House.
SEC. 454. (a)(1) To assist in the review or reexam-
ination of a program, the head of an agency which admin-
isters such program and the head of any other agency,
when requested, shall provide to each committee of the
Senate and the House of Representatives which has legis-
lative jurisdiction over such program such studies, infor-
mation, analyses, reports, and assistance as the committee
may request.
(2) Not later than six months before the first reau-
thorization date specified for a program in section 411(b)
the head of the agency which administers such program
or the head of any other agency, when requested by a com-
mittee of the Senate or the House of Representatives, shall
conduct a review of those regulations currently promul-
gated and in use by that agency which the committee spe-
cifically has requested be reviewed and submit a report
to the Senate or the House of Representatives as the case
may be, setting forth the regulations that agency intends
to retain, eliminate, or modify if the program is reauthor-
ized and stating the basis for its decision.
(3) On or before October 1 of the year preceding the
beginning of the Congress in which occurs the reauthoriza-
tion date for a program, the Comptroller General shall fur-
nish to each committee of the Senate and the House of
Representatives which has legislative jurisdiction over
such program a listing of the prior audits and reviews of
such program completed during the preceding six years.
(4) Consistent with the discharge of the duties and
functions imposed by law on them or their respective Of-
fices or Service, the Comptroller General, the Director of
the Congressional Budget Office, the Director of the Of-
fice of Technology Assessment, and the Director of the
Congressional Research Service shall furnish to each com-
mittee of the Senate and the House of Representatives
such information, analyses, and reports as the committee
may request to assist it in conducting reviews or evalua-
tions of programs.
(b)(1) On or before October 1 of the year preceding
the beginning of the Congress in which occurs the reau-
thorization date for a program, the President, with the
cooperation of the head of each appropriate agency, shall
submit to the Congress a ‘‘Regulatory Duplication and
Conflicts Report’’ for all such programs scheduled for re-
authorization in the next Congress.
(2) Each such regulatory duplication and conflicts re-
port shall—
(A) identify regulatory policies, including data
collection requirements, of such programs or the
agencies which administer them, which duplicate or
conflict with each other or with rules or regulations
or regulatory policies of other programs or agencies,
and identify the provisions of law which authorize or
require such duplicative or conflicting regulatory
policies or the promulgation of such duplicative or
conflicting rules or regulations;
(B) identify the regulatory policies, including
data collection requirements, of such programs
which are, or which tend to be, duplicative of or in
conflict with rules or regulations or regulatory poli-
cies of State or local governments; and
(C) contain recommendations which address the
conflicts or duplications identified in subparagraphs
(A) and (B).
(3) The regulatory duplication and conflicts report
submitted by the President pursuant to this subsection
shall be referred to the committee or committees of the
House of Representatives and the Senate with legislative
jurisdiction over the programs affected by the reports.
SEC. 455. (a) Not later than 15 days after the begin-
ning of the second regular session of the Congress in
which occurs the reauthorization date applicable to a pro-
gram under section 411(b), the chairmen of the commit-
tees of the Senate and the House of Representatives hav-
ing legislative jurisdiction over such programs shall intro-
duce, in their respective Houses, a bill which, if enacted
into law, would constitute a required authorization (as de-
fined in section 411(c)(1)(B)), and such a bill (hereafter
in this section referred to as a ‘‘sunset reauthorization
bill’’) shall be referred to the appropriate committee of the
Senate or the House of Representatives, as the case may
be. This subsection shall not apply in the case of a pro-
gram which has been reauthorized by a required author-
ization which was signed into law by the President prior
to fifteen days after the beginning of the second regular
session of the Congress in which occurs the reauthoriza-
tion date applicable to such program.
(b) If the committee to which a sunset reauthoriza-
tion bill for a program has not reported such bill by May
15 of the year in which the reauthorization date for such
program occurs, and no other bill which would constitute
a required authorization for such program has been en-
acted into law by that date, it is in order to move to dis-
charge the committee from further consideration of the
sunset reauthorization bill at any time thereafter.
(c) The provisions of section 912(a) of title 5, United
States Code, as it relates to the discharge of resolutions
of disapproval on reorganization plans, shall apply to mo-
tions to discharge sunset reauthorization bills, and the
provisions of subsections (b)(2), (c) (2) through (5), and
(d) of section 1017 of the Impoundment Control Act of
1974, insofar as they relate to the consideration of rescis-
sion bills shall apply to the consideration of such sunset
reauthorization bills, amendments thereto, motions and
appeals with respect thereto, and conference reports there-
on.
SEC. 456. The Committees on Governmental Affairs
and on Rules and Administration of the Senate and the
Committees on Government Operations and on Rules of
the House of Representatives shall review the operation
of the procedures established by this title, and shall submit
a report not later than December 31, 1998, and each five
years thereafter, setting forth their findings and rec-
ommendations. Such reviews and reports may be con-
ducted jointly.
SEC. 457. There are authorized to be appropriated
for bienniums ending before October 1, 2002, such sums
as may be necessary to carry out the review requirement
of subtitles A and C and the requirements for the compila-
tion of the inventory of Federal programs as set forth in
subtitle D.
TITLE V—EXPEDITED
RESCISSION AUTHORITY
SEC. 501. EXPEDITED CONSIDERATION OF CERTAIN PRO-
POSED RESCISSIONS.
(a) IN GENERAL.—Part B of title X of the Congres-
sional Budget and Impoundment Control Act of 1974 (2
U.S.C. 681 et seq.) is amended by redesignating sections
1013 through 1017 as sections 1014 through 1018, re-
spectively, and inserting after section 1012 the following
new section:
‘‘EXPEDITED CONSIDERATION OF CERTAIN PROPOSED
RESCISSIONS
‘‘SEC. 1013. (a) PROPOSED RESCISSION OF BUDGET
AUTHORITY.—In addition to the method of rescinding
budget authority specified in section 1012, the President
may propose, at the time and in the manner provided in
subsection (b), the rescission of all or part of any budget
authority provided in an appropriations Act.
‘‘(b) TRANSMITTAL OF SPECIAL MESSAGE.—
‘‘(1) Not later than 10 days after the date on
which the President approves an appropriation Act,
the President may—
‘‘(A) transmit to the Congress one or more
special messages proposing to rescind specific
line item amounts of budget authority provided
in that Act; and
‘‘(B) transmit with each separate special
message a draft bill or joint resolution that, if
enacted, would rescind that specific budget
authority.
‘‘(2) Each special message referred to in para-
graph (1) shall be limited to a single item of rescis-
sion of budget authority. If the bill or resolution en-
acted contains more than a single item of rescission,
the President shall transmit as many separate mes-
sages as there are items of rescission.
‘‘(3) Each special message shall specify, with
respect to the budget authority proposed to be re-
scinded, the matters referred to in paragraphs (1)
through (5) of section 1012(a).
‘‘(c) PROCEDURES
FOR
EXPEDITED
CONSIDER-
ATION.—
‘‘(1)(A) On the date on which a special message
is transmitted to the Congress under subsection (b),
or as soon thereafter as possible, the majority leader
or minority leader of the House of the Congress in
which the appropriation Act involved first originated
shall introduce (by request) the draft bill or joint
resolution accompanying that special message. If the
bill or joint resolution is not introduced as provided
in the preceding sentence, then any Member of that
House may introduce the bill or joint resolution.
‘‘(B) The bill or joint resolution shall be re-
ferred to the Committee on Appropriations of that
House. The committee shall report the bill or joint
resolution without substantive revision and with or
without recommendation. The bill or joint resolution
shall be reported not later than the end of the period
(not to exceed 7 days) established for consideration
of the bill or joint resolution by the Speaker of the
House of Representatives or the majority leader of
the Senate, as the case may be. A committee failing
to report the bill or joint resolution within such pe-
riod shall be automatically discharged from consider-
ation of the bill or joint resolution, and the bill or
joint resolution shall be placed on the appropriate
calendar.
‘‘(C) A vote on final passage of the bill or joint
resolution shall be taken in that House on or before
the close of the 10th calendar day of continuous ses-
sion of the Congress after the date of the introduc-
tion of the bill or joint resolution in that House. If
the bill or joint resolution is agreed to, the Clerk of
the House of Representatives (in the case of a bill
or joint resolution agreed to in the House of Rep-
resentatives) or the Secretary of the Senate (in the
case of a bill or joint resolution agreed to in the
Senate) shall cause the bill or joint resolution to be
engrossed, certified, and transmitted to the other
House of the Congress on the same calendar day on
which the bill or joint resolution is agreed to.
‘‘(2)(A) A bill or joint resolution transmitted to
the House of Representatives or the Senate pursu-
ant to paragraph (1)(C) shall be referred to the
Committee on Appropriations of that House. The
committee shall report the bill or joint resolution
without substantive revision and with or without rec-
ommendation. The bill or joint resolution shall be re-
ported not later than the end of the period (not to
exceed 7 days) established for consideration of the
bill or joint resolution by the Speaker of the House
of Representatives or the majority leader of the Sen-
ate, as the case may be. A committee failing to re-
port the bill or joint resolution within such period
shall be automatically discharged from consideration
of the bill or joint resolution, and the bill or joint
resolution shall be placed upon the appropriate
calendar.
‘‘(B) A vote on final passage of a bill or joint
resolution transmitted to that House shall be taken
on or before the close of the 10th calendar day of
continuous session of the Congress after the date on
which the bill or joint resolution is transmitted. If
the bill or joint resolution is agreed to in that
House, the Clerk of the House of Representatives
(in the case of a bill or joint resolution agreed to in
the House of Representatives) or the Secretary of
the Senate (in the case of a bill or joint resolution
agreed to in the Senate) shall cause the engrossed
bill or joint resolution to be returned to the House
in which the bill or joint resolution originated, to-
gether with a statement of the action taken by the
House acting under this paragraph.
‘‘(3)(A) A motion in the House of Representa-
tives to proceed to the consideration of a bill or joint
resolution under this section shall be highly privi-
leged and not debatable. An amendment to the mo-
tion shall not be in order, nor shall it be in order
to move to reconsider the vote by which the motion
is agreed to or disagreed to.
‘‘(B) Debate in the House of Representatives
on a bill or joint resolution under this section shall
be limited to not more than 1 hour, which shall be
divided equally between those favoring and those op-
posing the bill or joint resolution. A motion further
to limit debate shall not be debatable and shall re-
quire an affirmative vote of two-thirds of the Mem-
bers voting, a quorum being present. It shall not be
in order to move to recommit a bill or joint resolu-
tion under this section or to move to reconsider the
vote by which the bill or joint resolution is agreed
to or disagreed to.
‘‘(C) All appeals from the decisions of the Chair
relating to the application of the Rules of the House
of Representatives to the procedure relating to a bill
or joint resolution under this section shall be decided
without debate.
‘‘(D) Except to the extent specifically provided
in the preceding provisions of this subsection, con-
sideration of a bill or joint resolution under this sec-
tion shall be governed by the Rules of the House of
Representatives applicable to other bills and joint
resolutions in similar circumstances.
‘‘(4)(A) A motion in the Senate to proceed to
the consideration of a bill or joint resolution under
this section shall be privileged and not debatable. An
amendment to the motion shall not be in order, nor
shall it be in order to move to reconsider the vote
by which the motion is agreed to or disagreed to.
‘‘(B) Debate in the Senate on a bill or joint res-
olution under this section, and all debatable motions
and appeals in connection therewith, shall be limited
to not more than 1 hour. The time shall be equally
divided between, and controlled by, the majority
leader and the minority leader or their designees.
‘‘(C) Debate in the Senate on any debatable
motion or appeal in connection with a bill or joint
resolution under this section shall be limited to not
more than 1 hour, to be equally divided between,
and controlled by, the mover and the manager of the
bill or joint resolution, except that in the event the
manager of the bill or joint resolution is in favor of
any such motion or appeal, the time in opposition
thereto, shall be controlled by the minority leader or
his designee. Such leaders, or either of them, may,
from time under their control on the passage of a
bill or joint resolution, allot additional time to any
Senator during the consideration of any debatable
motion or appeal.
‘‘(D) A motion in the Senate to further limit
debate on a bill or joint resolution under this section
is not debatable. A motion to recommit a bill or joint
resolution under this section is not in order.
‘‘(d) AMENDMENTS PROHIBITED.—No amendment
to a bill or joint resolution considered under this section
shall be in order in either the House of Representatives
or the Senate. No motion to suspend the application of
this subsection shall be in order in either House, nor shall
it be in order in either House for the Presiding Officer
to entertain a request to suspend the application of this
subsection by unanimous consent.
‘‘(e) REQUIREMENT TO MAKE AVAILABLE FOR OBLI-
GATION.—Any amount of budget authority proposed to be
rescinded in a special message transmitted to the Congress
under subsection (b) shall be made available for obligation
after the date on which the Congress fails to pass the bill
or joint resolution transmitted with that special message.
‘‘(f) APPROPRIATION ACT DEFINED.—For purposes
of this section, the term ‘appropriation Act’ means any
general or special appropriation Act, and any Act or joint
resolution making supplemental, deficiency, or continuing
appropriations.’’.
(b) EXERCISE OF RULEMAKING POWERS.—Section
904 of such Act (2 U.S.C. 621 note) is amended—
(1) by striking out ‘‘and 1017’’ in subsection
(a) and inserting in lieu thereof ‘‘1013, and 1018’’;
and
(2) by striking out ‘‘section 1017’’ in subsection
(d) and inserting in lieu thereof ‘‘sections 1013 and
1018’’.
(c) CONFORMING AMENDMENTS.—
(1) Paragraph (5) of section 1011 of such Act
(2 U.S.C. 682(5)) is amended—
(A) by striking out ‘‘1012, and’’ and in-
serting in lieu thereof ‘‘1012, the time periods
referred to in subsections (c) and (d) of section
1013, and’’;
(B) by striking out ‘‘1012 during’’ and in-
serting in lieu thereof ‘‘1012 or 1013 during’’;
(C) by striking out ‘‘of 45’’ and inserting
in lieu thereof ‘‘of the applicable number of’’;
and
(D) by striking out ‘‘45-day period re-
ferred to in paragraph (3) of this section and
in section 1012’’ and inserting in lieu thereof
‘‘period or periods of time applicable under
such section’’.
(2) Such section is further amended—
(A) in paragraph (4), by striking out
‘‘1013’’ and inserting in lieu thereof ‘‘1014’’;
and
(B) in paragraph (5)—
(i) by striking out ‘‘1016’’ and insert-
ing in lieu thereof ‘‘1017’’; and
(ii) by striking out ‘‘1017(b)(1)’’ and
inserting in lieu thereof ‘‘1018(b)(1)’’.
(3) Section 1015 of such Act (as redesignated
by section 3(a)) (2 U.S.C. 685) is amended—
(A) by striking out ‘‘1012 or 1013’’ each
place it appears and inserting in lieu thereof
‘‘1012, 1013, or 1014’’;
(B) in subsection (b)(1), by striking out
‘‘1012’’ and inserting in lieu thereof ‘‘1012 or
1013’’;
(C) in subsection (b)(2), by striking out
‘‘1013’’ and inserting in lieu thereof ‘‘1014’’;
and
(D) in subsection (e)(2)—
(i) by striking out ‘‘and’’ at the end of
subparagraph (A);
(ii) by redesignating subparagraph
(B) as subparagraph (C);
(iii) by striking out ‘‘1013’’ in sub-
paragraph (C) (as so redesignated) and in-
serting in lieu thereof ‘‘1014’’; and
(iv) by inserting after subparagraph
(A) the following new subparagraph:
‘‘(B) he has transmitted a special message
under section 1013 with respect to a proposed
rescission; and’’.
(4) Section 1016 of such Act (as redesignated
by section 3(a)) (2 U.S.C. 686) is amended by strik-
ing out ‘‘1012 or 1013’’ each place it appears and
inserting in lieu thereof ‘‘1012, 1013, or 1014’’.
(d) CLERICAL AMENDMENTS.—The table of sections
for subpart B of title X of such Act is amended—
(1) by redesignating the items relating to sec-
tions 1013 through 1017 as items relating to sec-
tions 1014 through 1018; and
(2) by inserting after the item relating to sec-
tion 1012 the following new item:
‘‘Sec. 1013. Expedited consideration of certain proposed rescissions.’’.
SEC. 502. APPLICATION.
Section 1013 of the Congressional Budget and Im-
poundment Control Act of 1974 (as added by section 501
of this Act) shall apply to amounts of budget authority
provided by appropriation Acts (as defined in subsection
(f)(2) of such section) that are enacted after the date of
the enactment of this Act.
TITLE VI—PERFORMANCE-
BASED BUDGETING
SEC. 601. FINDINGS AND PURPOSES.
(a) FINDINGS.—The Congress finds that—
(1) despite major efforts by the Congress and
the Executive Branch to improve the financial man-
agement of the Federal Government, unacceptable
waste and mismanagement persists in Federal pro-
grams;
(2) waste and mismanagement place an intoler-
able burden on the limited resources of important
Federal programs, reducing the ability of such pro-
grams to adequately address vital needs;
(3) much of the public’s opposition to increased
taxes is based on a belief that taxpayers are not get-
ting full value for their tax dollar;
(4) because financial management systems
focus on how money is spent, but not on how well
it is spent and the value received for it, the Federal
Government is handicapped in its ability to identify
wasteful or ineffective programs; and
(5) the Congress is further handicapped in its
ability to conduct adequate and thorough oversight
of Federal programs, because few programs have
measurable goals against which to track and com-
pare performance.
(b) PURPOSES.—The purposes of this title are—
(1) to strengthen Government accountability by
showing the American taxpayers what results to ex-
pect for their tax dollars when a program is funded,
and what results the taxpayers actually receive;
(2) to improve congressional oversight and the
uncovering of waste and mismanagement, by requir-
ing that measurable performance standards and
goals be established for all Federal programs and
that each Federal department and agency issue an
annual program performance report showing pro-
gram accomplishment;
(3) to free additional resources for vital Federal
programs, by reducing waste, reforming or eliminat-
ing ineffective programs, and allowing the targeting
of funds to those programs achieving the best re-
sults;
(4) to change the Federal budget from a politi-
cal document into a policy-making and management
tool, by requiring that the budget incorporate a per-
formance standards and goals plan for Federal
spending.
100
SEC. 602. PERFORMANCE STANDARDS AND GOALS PLANS.
(a) BUDGET CONTENTS AND SUBMISSION TO CON-
GRESS.—Section 1105(a) of title 31, United States Code,
is amended by adding at the end thereof the following new
paragraph:
‘‘(29) a Federal performance standards and
goals plan for the overall budget as provided for
under section 1115.’’.
(b) 
PERFORMANCE
STANDARDS
AND
GOALS
PLANS.—Chapter 11 of title 31, United States Code, is
amended by adding after section 1114 the following new
sections:
‘‘§ 1115. Performance standards and goals plans
‘‘(a) In carrying out the provisions of section
1105(a)(29), the Office of Management and Budget shall
promulgate regulations requiring each department and
agency to establish a performance standards and goals
plan for each major expenditure category of the budget
of such department or agency. Such plan shall—
‘‘(1) establish performance indicators to be used
to define and measure the outputs, products, serv-
ices, and results of each expenditure allocated;
‘‘(2) establish performance standards and goals
to define and measure the specific service or product
to be achieved or produced for the expenditure allo-
cated;
101
‘‘(3) express such standards and goals in an ob-
jective, quantifiable, and measurable form unless
permitted in an alternative form under subsection
(b);
‘‘(4) establish major expenditure categories of
related functions of such agency or department for
the analysis of performance standards and goals;
‘‘(5) include actual program results compared
with original performance standards and goals, inte-
grated with program cost information, to show
trends in costs per unit-of-result, unit-of-service, or
other unit-of-output;
‘‘(6) review the success of achieving the per-
formance standards and goals of the preceding bien-
nium; and
‘‘(7) evaluate the performance standards and
goals for the biennium relative to the results
achieved for the performance standards and goals in
the preceding biennium.
‘‘(b) If the Office of Management and Budget deter-
mines that it is not feasible to express the performance
standards and goals of a particular program in an expend-
iture category in an objective and quantifiable form, the
Office of Management and Budget may authorize an alter-
102
native form. Such alternative form shall include separate
descriptive statements of both—
‘‘(1) a minimally effective program, and
‘‘(2) a successful program,
with sufficient precision and in such terms that would
allow for an accurate, independent determination of
whether the program’s performance meets the criteria of
either description.
‘‘(c) The Office of Management and Budget shall re-
view and adjust the department and agency plans estab-
lished under subsection (a) and establish an overall per-
formance standards and goals plan for the Federal Gov-
ernment.
‘‘§ 1116. Program performance reports
‘‘(a) By December 31 of each odd-numbered year, the
head of each department and agency shall prepare and
submit to the President and the Congress, a report on the
program performance for the previous biennium.
‘‘(b) Each program performance report shall enumer-
ate all performance indicators established in the depart-
mental or agency performance standards and goals plan,
along with the performance goals and the actual results
achieved for the previous biennium and the goals for the
current biennium. Program costs and, where applicable,
trends in costs per unit-of-result, unit-of-service, or other
103
unit-of-output shall be shown. Where the performance
standards and goals are specified by descriptive state-
ments of a minimally effective program and a successful
program, the results of such program shall be described
in relationship to those categories, including whether the
results failed to meet the criteria of either category.
‘‘(c) Where a performance standard or goal has not
been met, including when a program’s results are not de-
termined to have met the criteria of a successful program,
the report shall explain—
‘‘(1) why the goal was not met, including an in-
dication of any managerial deficiencies or of any
legal obstacles;
‘‘(2) plans and schedule for achieving the estab-
lished performance goal;
‘‘(3) recommended legislative or regulatory
changes necessary to achieve the goal; and
‘‘(4) if the performance standard or goal is im-
practical or infeasible, why that is the case and what
action is recommended, including whether the goal
should be changed or the program altered or elimi-
nated.
‘‘(d) By December 31 of each odd-numbered year, the
Office of Management and Budget shall prepare and sub-
mit to the President and the Congress, a report on all
104
tax expenditures that reduced revenues by at least $2 bil-
lion in the previous biennium.’’.
(c) TECHNICAL AND CONFORMING AMENDMENT.—
The table of sections for chapter 11 of title 31, United
States Code, is amended by adding after the item relating
to section 1114 the following new items:
‘‘1115. Performance standards and goals plans.
‘‘1116. Program performance reports.’’.
SEC. 603. CONGRESSIONAL ESTABLISHMENT OF PERFORM-
ANCE STANDARDS AND GOALS.
(a) IN GENERAL.—It shall not be in order for either
the House of Representatives or the Senate to consider
any bill or resolution (or amendment thereto) which pro-
vides for the authorization of appropriations or for the ap-
propriation of funds, unless such bill or resolution (or
amendment thereto) specifies performance standards and
goals for such authorization or appropriation.
(b) PERFORMANCE STANDARDS
AND GOALS.—(1)
The program performance standards and goals required
under subsection (a) shall—
(A) specify either—
(i) objective, quantifiable, and measurable
standards and goals expected to be achieved, or
(ii) separate descriptive statements of a
minimally effective program and of a successful
program, with sufficient precision and in such
105
terms that would allow for an accurate, inde-
pendent determination of whether the pro-
gram’s performance meets the criteria of either
description;
(B) include indicators of cost per unit-of-result,
unit-of-service, or other unit-of-output, of the type
specified in the legislation authorizing the appropria-
tion or relevant program; and
(C) be established after review of the plan es-
tablished under section 1115 of title 31, United
States Code.
(2) An appropriation Act may specify a lesser amount
of a performance standard or goal to be achieved than is
provided by the authorizing legislation, but may not
change the specific type of standard or goal.
(c) WAIVER.—This section may be waived or sus-
pended in the Senate only by the affirmative vote of three-
fifths of the Members, duly chosen and sworn, and in the
House of Representatives only by resolution reported by
the Committee on Rules and adopted by the House.
106
TITLE VII—INCREMENTAL-
BASED BUDGETING
SEC. 701. INCREMENTAL-BASED BUDGETING
(a) INCREMENTAL-BASED
BUDGETING
REGULA-
TIONS.—Section 1109 of chapter 11 of title 31, United
States Code, is amended to read as follows:
‘‘§ 1109. Incremental-based budgeting
‘‘(a) The Office of Management and Budget shall
promulgate regulations requiring each department and
agency to require that—
‘‘(1) officers and employees who submit budgets
to the head of that department or agency—
‘‘(A) be required to submit at least 2 budg-
ets: one that sets forth spending at least 5 per-
cent lower than the prior biennium’s budget
and the other that sets forth spending at least
15 percent lower than the prior biennium’s
budget; and
‘‘(B) in such budgets detail specific gains
and losses of project performance at each such
incremental budget level as compared to other
proposed budget levels; and
‘‘(2) the head of each department or agency
submit to the Office of Management and Budget at
least one budget for that department or agency that
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sets forth spending at least 10 percent lower than
the prior biennium’s budget.
‘‘(b) Whenever the Office of Management and Budget
reports an estimated budget deficit under section 105(a)
of the Comprehensive Budget Process Reform Act of
1993, not later than October 15 of that calendar year,
the President shall submit to Congress a report that would
either—
‘‘(1) recommend specific changes in outlays or
revenues sufficient to eliminate that deficit, or
(2) recommend waiver of the requirement to
eliminate that deficit.’’.
(b) TECHNICAL AND CONFORMING AMENDMENT.—
The item relating to section 1109 in the table of sections
for chapter 11 of title 31, United States Code, is amended
to read as follows:
‘‘1109. Incremental-based budgeting.’’.
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