I
103D CONGRESS
1ST SESSION
H. R. 10
To require reauthorizations of budget authority for Government programs
at least every ten years, to provide for review of Government programs
at least every ten years, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 5, 1993
Mr. MINETA (for himself and Mr. GEPHARDT) introduced the following bill;
which was referred jointly to the Committees on Government Operations
and Rules
A BILL
To require reauthorizations of budget authority for Govern-
ment programs at least every ten years, to provide for
review of Government programs at least every ten years,
and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
That this Act may be cited as the ‘‘Sunset Act of 1993’’.
SEC. 2. The purposes of this Act 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. 3. (a) For purposes of this Act—
(1) The term ‘‘budget authority’’ has the mean-
ing given to it by section 3(2) of the Congressional
Budget Act of 1974.
(2) The term ‘‘permanent budget authority’’
means budget authority provided for an indefinite
period of time or an unspecified number of fiscal
years which does not require recurring action by the
Congress, but does not include budget authority pro-
vided for a specified fiscal year which is available for
obligation or expenditure in one or more succeeding
fiscal years.
(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 Ac-
counting 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 Act, each program (including
any program exempted by a provision of law from inclu-
sion in the Budget of the United States) shall be assigned
to the functional and subfunctional categories to which it
is assigned in the Budget of the United States Govern-
ment, fiscal year 1993. Each committee of the Senate or
the House of Representatives which reports any bill or res-
olution which authorizes the enactment of new budget au-
thority for a program not included in the fiscal year 1993
budget shall include, in the committee report accompany-
ing 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 as-
signed.
(c) For purposes of titles I, II, and III of this Act,
the reauthorization date applicable to a program is the
date specified for such program under section 101(b).
TITLE I—REAUTHORIZATION OF GOVERNMENT
PROGRAMS
SEC. 101. (a) Each Government program (except
those listed in section 103) 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, 1994.
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, 1996.
053 Atomic Energy Defense Activities.
154 Foreign Information and Exchange Act.
251 General Science and Basic Research.
306 Other Natural Resources.
Programs included within subfunctional category
First reauthorization
date
351 Farm Income Stabilization.
401 Ground Transportation.
502 Higher Education.
553 Education and Training of Health Care
Work Force.
701 Income Security for Veterans.
752 Federal Litigative and Judicial Activities.
802 Executive Director and Management.
803 Central Fiscal Operations.
054 Defense Related Activities
September 30, 1998.
152 International Security Assistance.
155 International Financial Programs.
253 Space Flight.
255 Supporting Space Activities.
274 Emergency Energy Preparedness.
302 Conservation and Land Management.
304 Pollution Control and Abatement.
407 Other Transportation.
504 Training and Employment.
506 Social Services.
554 Consumer and Occupational Health and
Safety.
704 Veterans Housing.
751 Federal Law Enforcement Activities.
801 Legislative Function.
806 Other General Purpose Fiscal Assistance.
153 Conduct of Foreign Affairs
September 30, 2000.
271 Energy Supply.
303 Recreational Resources.
402 Air Transportation.
505 Other Labor Services.
551 Health Care Services.
604 Public Assistance and Other Income Supple-
ments
702 Veterans Education, Training, and Rehabili-
tation
753 Federal Correctional Activities.
805 Central Personnel Management.
908 Other Interest.
151 Foreign Economic and Financial Assistance
September 30, 2002.
276 Energy Information, Policy and Regulation.
372 Postal Service.
403 Water Transportation.
451 Community Development.
452 Area and Regional Development.
453 Disaster Relief and Insurance.
503 Research and General Education Aids.
552 Health Research.
603 Unemployment Compensation.
705 Other Veterans Benefits and Services.
754 Criminal Justice Assistance.
804 General Property and Record Management.
901 Interest on the Public Debt.
(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 ten fiscal years, for an indefinite pe-
riod, or (except during the Congress in which such next
reauthorization date occurs) for any fiscal year beginning
after the next reauthorization date applicable to such pro-
gram. 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 fiscal year 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 pro-
gram.
(B) For the purposes of this title, the term ‘‘required
authorization’’ means a law authorizing the enactment of
new budget authority for a program, which complies with
the provisions of paragraph (1).
(3) No new budget authority may be obligated or ex-
pended for a program for a fiscal year beginning after the
last fiscal year 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. 102. (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 fiscal
year beginning after the next reauthorization date applica-
ble 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 four fiscal years 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 103 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 101(b),
whichever first occurs.
SEC. 103. Section 101(c) shall not apply to the
following:
(1) Programs included within functional cat-
egory 900 (Interest).
(2) Any Federal programs or activities to en-
force civil rights guaranteed by the Constitution of
the United States or to enforce antidiscrimination
laws of the United States, including but not limited
to the investigation of violations of civil rights, civil
or criminal litigation or the implementation or en-
forcement of judgments resulting from such litiga-
tion, and administrative activities in support of the
foregoing.
(3) 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).
(4) 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.
(5) Programs included in the fiscal year 1993
budget in subfunctional categories 701 (Income se-
curity for veterans), 702 (Veterans education, train-
ing, and rehabilitation), 704 (Veterans housing), and
programs for providing health care which are in-
cluded in such budget in subfunctional category 703
(Hospital and medical care for veterans).
(6) Social Security and Federal employee retire-
ment programs including the following:
(A) Programs funded through trust funds
which are included with subfunctional cat-
egories 551 (Health care services), 601 (Gen-
eral retirement and disability insurance), or 602
(Federal employee retirement and disability).
(B) Retirement pay and retired pay of
military personnel on the retired lists of the
Army, Navy, Marine Corps, and the Air Force,
including the Reserve components thereof, re-
tainer pay for personnel of the Inactive Fleet
Reserve; and payments under section 4 of Pub-
lic Law 92–425 and chapter 73 of title 10,
United States Code (survivor’s benefits), classi-
fied in the fiscal year 1993 budget in
subfunctional category 051 (Department of De-
fense—military).
(C) Retirement pay and medical benefits
for retired commissioned officers of the Coast
Guard, the Public Health Service Commissioned
Corps, and the National Oceanic and Atmos-
pheric Commissioned Corps and their survivors
and dependents, classified in the fiscal year
1993 budget in subfunctional category 551
(Health care services) or in subfunctional cat-
egory 306 (Other natural resources).
(D) Retired pay of military personnel of
the Coast Guard and Coast Guard Reserve,
members of the former Lighthouse Service, and
for annuities payable to beneficiaries of retired
military personnel under the retired service-
man’s family protection plan (10 U.S.C. 1431–
1446) and survivor benefit plan (10 U.S.C.
1447–1455), classified in the fiscal year 1993
budget in subfunctional category 403 (Water
transportation).
(E) Payments to the Central Intelligence
Agency Retirement and Disability Fund, classi-
fied in fiscal year 1993 budget in subfunctional
category 054 (Defense-related activities).
(F) Payments to the Civil Service Retire-
ment and Disability Fund for financing un-
funded liabilities, classified in fiscal year 1993
budget in subfunctional category 805 (Central
personnel management).
(G) Payments to the Foreign Service Re-
tirement and Disability Fund, classified in fis-
cal year 1993 budget in subfunctional category
153 (Conduct of foreign affairs).
(H) Payments to the Federal Old-Age and
Survivors Insurance and the Federal Disability
Insurance Trust Funds, classified in fiscal year
1993 budget in various subfunctional cat-
egories.
(I) Administration of the retirement and
disability programs set forth in this section.
SEC. 104. (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
101(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 101(b)
and all bills proposing changes in section 103, 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 Act to make
more effective comparisons between programs having
like objectives.
(f) Any concurrent resolution or bill proposing a
change in section 101(b) or 103 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 re-
quirements of this subsection.
TITLE II—PROGRAM INVENTORY
SEC. 201. (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 (hereafter
in this title referred to as the ‘‘program inventory’’).
(e) A report submitted pursuant to this section shall
be deemed to satisfy the reauthorization review require-
ments of title I.
SEC. 303. Each department or agency of the execu-
tive branch which is responsible for the administration of
a program selected for reexamination pursuant to this title
shall, not later than six months before the completion date
specified for reexamination reports pursuant to section
302(a)(1)(B), submit to the Office of Management and
Budget and to the appropriate committee or committees
of the Senate and the House of Representatives a report
of its findings, recommendations, and justifications with
respect to each of the matters set forth in section 302(d),
and the Office of Management and Budget shall submit
to such committee or committees such comments as it
deems appropriate.
SEC. 304. For the purposes of this title—
(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.