October 2, 1978
Page 33002
ORDER OF BUSINESS
Mr. TALMADGE. Mr. President, I yield back the remainder of my time and I suggest the absence of a quorum.
Mr. MUSKIE. Mr. President, if the Senator will withhold
Mr. TALMADGE. I withhold that.
Mr. MUSKIE. Mr. President, first, a parliamentary inquiry. What is the pending business?
EXPORT-IMPORT BANK ACT AMENDMENTS OF 1978
The ACTING PRESIDENT pro tempore. Under the previous order, the Senate will resume consideration of S. 3077, which the clerk will state by title.
The assistant legislative clerk read as follows:
A bill (S. 3077) to amend and extend the Export-Import Bank Act of 1975, and for other purposes.
AMENDMENT NO. 3678
(Purpose: To add an additional title)
Mr. MUSKIE. Mr. President, I send an amendment to the desk and ask that it be reported.
The ACTING PRESIDING pro tempore. The clerk will report.
The assistant legislative clerk read as follows:
The Senator from Maine (Mr. MUSKIE) , for himself, Mr. ROTH, and Mr. GLENN, proposes an amendment numbered 3678.
Mr. MUSKIE. Mr. President, I ask unanimous consent that further reading of the amendment be dispensed with.
The ACTING PRESIDENT pro tempore. Without objection, it is so ordered.
The amendment is as follows:
On page 2, immediately before line 1, insert the following:
"TITLE I—AMENDMENTS TO THE EXPORT-IMPORT BANK ACT OF 1945".
On page 2, line 2, strike out "SEC. 2." and insert "SEC. 101. ".
On page 2, line 22, strike out "SEC. 3." and insert "SEC. 102.".
On page 3, line 2, strike out "SEC. 4." and insert "SEC. 103.".
On page 14, line 8, strike out "SEC. 5." and insert "SEC. 104.".
On page 14, line 12, strike out "SEC. 6." and insert "SEC. 105.".
On page 14, line 16, strike out "SEC. 7." and insert "SEC. 106.".
On page 15, line 15, strike out "SEC. 8." and insert "SEC. 107.".
On page 16, immediately after line 4, insert the following:
"TITLE II—SUNSET ACT OF 1978
"PART A—GENERAL PROVISIONS
"SEC. 701. This title may be cited as the 'Sunset Act of 1978'.
"SEC. 702. 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 Government programs can be authorized to ten years;
"(3) to bar the expenditure of funds for Government programs which have not been provided for by a law enacted during the ten-year sunset reauthorization cycle; and
"(4) to encourage the reexamination of selected Government programs each Congress.
"SEC. 703. (a) For purposes of this title:
"(1) The term 'budget authority'has the meaning 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 re-quire recurring action by the Congress, but does not include budget authority provided 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 Accounting Office.
"(5) The term 'sunset reauthorization cycle' means the period of five Congresses beginning with the Ninety-seventh Congress and with each sixth Congress following the Ninety-seventh Congress.
"(b) For purposes of this title, each pro-gram (including any program exempted by provisions of law from inclusion 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 1979. Each committee of the Senate or the House of Representatives which reports any bill or resolution which authorizes the enactment of new budget authority for a program not included in the fiscal year 1979 budget shall include, in the committee report accompanying 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 parts B, C, D, and F of this title, the reauthorization date applicable to a program is the date specified for such program under section 711(b).
"PART B—REAUTHORIZATIONS OF GOVERNMENT PROGRAMS
"SEC. 711. (a) Each Government program (except those listed in section 713) shall be reauthorized at least once during each sun-set reauthorization cycle during the Congress in which the reauthorization date applicable to such program (pursuant to sub-section (b)) occurs.
"(b) The first reauthorization date applicable to a Government 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 and first reauthorization date:
254 Space, Science, Applications and Technology.
272 Energy Conservation.
301 Water Resources.
352 Agriculture and Research Services.
371 Mortgage Credit and Thrift Insurance.
376 Other Advancement and Regulation of Commerce.
501 Elementary, Secondary, and Vocational Education.
601 General Retirement and Disability Insurance.
602 Federal Employment Retirement and Disability.
703 Hospital and Medical Care for Veterans.
806 Other General Government.
851 General Revenue Sharing, September 30, 1982.
051 Department of Defense—Military.
053 Atomic Energy Defense Activities.
154 Foreign Information and Exchange Act.
251 General Science and Basic Research.
306 Other Natural Resources.
351 Farm Income Stabilization.
401 Ground Transportation.
502 Higher Education.
553 Education and Training of Health Care Work Force.
701 Income Security for Veterans.
752 Federal Litigative and Judicial Activities.
802 Executive Director and Management.
Programs included within subfunctional category and first reauthorization date.
803 Central Fiscal Operations, September 30, 1984.
054 Defense Related Activities.
152 Military Assistance.
155 International Financial Programs.
253 Space Flight.
255 Supporting Space Activities.
274 Emergency Energy Preparedness.
302 Conservation and Land Management.
304 Pollution Control and Abatement.
407 Other Transportation.
504 Training and Employment.
506 Social Services.
554 Consumer and Occupational Health and Safety.
704 Veterans Housing.
751 Federal Law Enforcement Activities.
801 Legislative Functions.
852 Other General Purpose Fiscal Assistance, September 30, 1986.
153 Conduct of Foreign Affairs.
271 Energy Supply.
303 Recreational Resources.
402 Air Transportation.
505 Other Labor Services.
551 Health Care Services.
604 Public Assistance and Other Income Supplements.
702 Veterans Education, Training, and Rehabilitation.
753 Federal Correctional Activities.
805 Central Personnel Management.
902 Other Interest, September 30, 1988.
151 Foreign Economic and Financial Assistance.
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, September 30, 1990.
"(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 period, 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 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 fiscal year beginning after the first (or any subsequent) reauthorization date applicable to such pro-gram under paragraph (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 subsection, the term 'required authorization' means a law authorizing the enactment of new budget authority for a program, which complieswith the provisions of paragraph (1) and is enacted during the Congress in which the reauthorization date for such program occurs, or during a Congress after such dateand prior to the Congress in which the next reauthorization date for such program occurs.
"(3) No new budget authority may be obligated or expended 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 continuation of such program 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 pro-gram.
"(5) 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 unless the bill or resolution, or amendment thereto, (or the report which accompanies such bill or resolution) includes a specific reference to the provision of law which constitutes a required authorization for such program. Notwithstanding the preceding sentence, it shall be in order to consider a bill or resolution for the purpose of considering an amendment which provides such reference to the appropriate provision of law.
"SEC. 712. (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 enactment of new budget authority for a program for a fiscal year beginning after the next reauthorization date applicable to such program, unless a reauthorization review (to the extent the committee or committees having jurisdiction deem appropriate) 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 authorization 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 organization, 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 conflicting 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 resolution, or amendment thereto, which authorizes the enactment 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 jurisdiction deem appropriate, the information specified in subsection (a) (2) and (3).
"(c) Each committee having legislative jurisdiction over a program included in section 713 shall conduct a review of such program of the type described in subsection (a) at least once during each sunset reauthorizationcycle, during the Congress in which the re-authorization date applicable to such pro-gram occurs, and shall submit to the Senate or the House of Representatives, as the case may be, a report containing its recommendations and other information of the type described in subsection (a) to the ex-tent that the committee deems appropriate. It shall not be in order 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 accompanies such bill or resolution, or has been submitted during the Congress in which the reauthorization date for such program occurred as provided in section 711(b), which-ever first occurs.
"SEC. 713. (a) Section 711(c) shall not apply to the following:
"(1) Programs included within functional category 900 (Interest).
"(2) Any Federal programs or activities to enforce 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 enforcement of judgments resulting from such litigation, and administrative activities in support of the foregoing.
"(3) Programs which are related to the administration of the Federal judiciary and which are classified in the fiscal year 1979 budget under subfunctional category 752 (Federal litigative and judicial activities) .
"(4) Payments of refunds of internal revenue collections as provided in title I of the Supplemental Treasury and Post Office Departments Appropriation 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 1979 budget in subfunctional categories 701 (Income security for veterans). 702 (Veterans education, training, and rehabilitation), 704 (Veterans housing), and programs for providing health care which are included in such budget in subfunctional category 703 (Hospital and medical care for veterans).
"(6) The following social security and Federal employee retirement programs:
"(A) Programs funded through trust funds which are included with subfunctional categories 551 (Health care services), 601 (General 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, retainer pay for personnel of the In-active Fleet Reserve; and payments under section 4 of Public Law 92-425 and chap-ter 73 of title 10, United States Code (survivor's benefits), classified in the fiscal year 1979 budget in subfunctional category 051 (Department of Defense—military).
"(C) Retirement pay and medical bepefits for retired commissioned officers of the Coast Guard, the Public Health Service Commissioned Corps, and the National Oceanic and Atmospheric Commissioned Corps and their survivors and dependents, classified in the fiscal year 1979 budget in subfunctional category 551 (Health care services) or in subfunctional category 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 retiredserviceman's family protection plan (10 U.S.C. 1431-1446) and survivor benefit plan. (10 U.S.C. 1447-1455), classified in the fiscalyear 1979 budget in subfunctional category 403 (Water transportation).
"(E) Payments to the Central Intelligence Agency Retirement and Disability Fund, classified in the fiscal year 1979 budget in subfunctional category 054 (Defense-related activities).
"(F) Payments to the Civil Service Retirement and Disability Fund for financing unfunded liabilities, classified in the fiscal year 1979 budget in subfunctional category 805 (Central personnel management) .
"(G) Payments to the Foreign Service Retirement and Disability Fund, classified in the fiscal year 1979 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 the fiscal year 1979 budget in various sub-functional categories.
"(I) Administration of the retirement and disability programs set forth in this section.
"(b) If a question is raised in the Senate with respect to the application of any paragraph of subsection (a) to any bill, resolution, or amendment, or to any provision of law, the Presiding Officer shall submit the question to the Senate for decision.
"SEC. '714. (a) It is the sense of the Congress that all programs should be considered and reauthorized in program categories which constitute major areas of legislative 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 711(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 711(b) and all bills pro-posing changes in section 713(a), shall be referred first to the committee with legislative jurisdiction over any program affected by theproposal and sequentially to the Committee on Rules in the House of Representatives or to the Committee on Rules and Administration in the Senate as provided for in sub-section (d).
"(d) Except as provided in subsection (f), the Committee on Rules in the House of Representatives or the Committee on Rules and Administration in the Senate shall report any concurrent resolution or bill referred to it under the provisions of subsection (c) and which previously has been reported favorablyby a committee of legislative 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, with its recommendations.
"(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 responsibilities 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 comparisonsbetween programs having like objective.
"(f) Any concurrent resolution or bill proposing a change in section 711(b) or 713(a) which has been reported by a committee before June 1, 1980, shall be referred in the House to the Committee on Rules and in the Senate to the Committee on Rules and Administration. Such committee shall report an omnibus concurrent resolution or bill containing its recommendations regarding the proposed changes by July 1, 1980, and consideration of such bill or resolution shall be highly privileged in the House of Representatives and privileged in the Senate. The pro-visions of subsections (c) and (d) of section 1017 of the Impoundment Control Act of 1974, insofar as they relate to consideration of rescission bills, shall apply to the consideration of concurrent resolutions and bills proposing changes reported pursuant 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 sub-section (b), (c), (d), or (f) which proposes a reauthorization date for a program beyond the final reauthorization date of the sunset reauthorization cycle then in progress. Not-withstanding the preceding sentence, it shall be in order to considers a bill or resolution for the purpose of considering an amendment which meets the requirements of this subsection.
"PART C—PROGRAM INVENTORY
"SEC. 721. (a) The Comptroller General and the Director 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 part referred to as the 'program inventory').
"(b) The purpose of the program inventory is to advise and assist the Congress in carrying out the requirements of parts B and D. Such inventory shall not in any way bind the committees of the Senate or the House of Representatives with respect to their responsibilities under such parts and shall not infringe on the legislative and over-sight responsibilities of such committees. The Comptroller General shall compile and maintain the inventory, and the Director of the Congressional Budget Office shall providebudgetary information for inclusion in the inventory.
"(c) Not later than July 1, 1979, the Comptroller General, after consultation with the Director of the Congressional Budget Office and the Director of the Congressional Research Service, shall submit the program inventory 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 title. Such groupings shall identify program areas in a manner which classifies each pro-gram 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 section 201(1) of the Budget and Accounting Act, 1921.
"(e) The program inventory shall set forth for each program each of the following matters:
"(1) The specific provision(s) 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 purposes 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 subdivision thereof responsible for administering the program.
"(6) The grants-in-aid, if any, provided by such program to State and local governments.
"(7) The next reauthorization date for the program.
"(8) A unique identification number which links the program and functional category structure.
"(9) The year in which the program was originally 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 authorized and the year in which current authorizations of new budget authority expire.
"(f) The inventory shall contain a separate tabular listing of programs which are not required to be reauthorized pursuant to section 711(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 pro-grams, the program 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 authorized and provided for the program foreach of the preceding four fiscal years and, where applicable, the four succeeding fiscal years.
"(2) The functional and subfunctional category in which the program is presently classified and was classified under the fiscal year 1979 budget.
"(3) The identification code and title of the appropriation account in which budget authority is provided for the program.
"SEC. 722. The General Accounting Office, the Congressional Research Service, and the Congressional Budget Office shall permit the mutual exchange of available information in their possession which would aid in the compilation f the program inventory.
"SEC. 723. The Office of Management and Budget, and the executive agencies and the subdivisions thereof shall, to the extent necessary and possible, provide the General Ac-counting Office with assistance requested by the Comptroller General In the compilation of the program inventory.
"SEC. 724. Each committee of the Senate and the House of Representatives, the Congressional Budget Office, and the Congressional Research Service shall review the program inventory as submitted under section 721 and not later than October 1, 1979, 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 reports 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 December 31, 1979, a revised program inventory to the Senate and the House of Representatives.
"SEC. 725. (a) The Comptroller General, after the close of each session of the Congress, shall revise the program 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 prepare a report, for inclusion in the revised inventory, with respect to each program included in the pro-gram 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 provided for the current fiscal year and each of the five succeeding fiscal years. If new budget authority is not authorized or provided or is authorized or provided for an indefinite amount for any of such five succeeding fiscal years with respect 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 fiscal year to maintain a current level of services.
"(c) Not later than one year after the first or any subsequent reauthorization date, the Director of the Congressional 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 Director 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. 726. The Comptroller General and the Director of the Congressional Budget Office shall include in their respective reports to the Congress pursuant to sections 202(f) and 702(e) of the Congressional Budget Act of 1974 an assessment of the adequacy of the functional and subfunctional categories contained in section 211(b) for grouping pro-grams of like missions or objectives.
"SEC. 727. (a) The Director of the Congressional Budget Office shall tabulate and issue an annual report on the progress of congressional action on bills and resolutions 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 fiscal year beginning October 1 and the succeeding four fiscal years of the amounts of budget authority (1) authorized 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 five fiscal years, the amounts necessary to maintain a current 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 provisions of laws which are scheduled for reauthorization in each Congress pursuant to the reauthorization schedule in section 711(b). In these reports, the Director shall identify each provision of law which authorizes the enactment of new budget authority for programs scheduled for reauthorization and the title of the appropriation bill, or part thereof, which would provide new budget authority pursuant to each authorization.
"PART D—PROGRAM REEXAMINATION
"SEC. 731. (a) Each committee of the Senate and the House of Representatives periodically shall provide through the procedures established in section 732, 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 pro-grams 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 programs concurrently.
"SEC. 232. (a) (1) The funding resolution first reported by each committee of the Senate in 1980, 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 part. 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: Provided, That such 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 711(b), unless the committee explains in a statement in the report accompanying its proposed funding resolution the reasons for a later completion date, except that reports on programs scheduled for reauthorization during the 97th Congress and selected for reexamination in a committee's plan adopted in 1980 may be submitted at any time until February 15, 1982.
"(C) The estimated cost for each reexamination.
"(2) The report accompanying the funding resolution reported by each committee in 1980 and thereafter for the first session of each Congress, shall with respect to each re-examination include in its plan both 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 non-governmental organizations, or (iii) by a combination of the foregoing.
"(3) It shall not be in order to consider a funding resolution reported by a committee of the Senate in 1980, and thereafter for the first session of a Congress unless
"(A) such resolution includes a section containing 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 paragraph (1) reported by a committee for a year
"(A) if such amendment would require reexamination 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 section not to contain the information described in paragraph (1) with respect to each program to be reexamined by such committee; or
"(C) if notice in writing of intention to propose such amendment has not been given to such committee and the Committee on Rules and Administration in the Senate 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 this subparagraph 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. This subparagraph shall not apply to amendments pro-posed by such committee or by the Committee on Rules and Administration, as the case may be.
"(b) In order to achieve coordination of program reexamination each committee shall, in preparing each reexamination plan required by subsection (a) , consult with appropriate committees of the Senate or appropriate committees of the House of Representatives, as the case may be, and shall inform itself of related activities of and support or assistance that may be provided by (1) the General Accounting Office, the Congressional Budget Office, the Congressional Research Service, and the Office of Technology 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 part. Each such report shall be delivered to the Secretary of the Senate not later than the date specified in the resolution and printed as a Senate document. 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 pro-gram 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 in-tended for the program and the problem it was intended to address.
"(2) An identification of any other pro-gram having potentially conflicting or duplicative objectives.
"(3) A statement of the number and types of beneficiaries or persons served by the pro-gram.
"(4) An assessment of the effectiveness of the program and the degrees to which the original objectives of the program or group of programs have been achieved.
"(5) An assessment of the relative merits of alternative methods which could be considered to achieve the purposes of the pro-gram.
"(6) 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 requirements of part B.
"SEC. 733. Each department or agency of the executive branch which is responsible for the administration of a program selected for reexamination pursuant to this part, shall, not later than six months before the completion date specified for reexamination reports pursuant to section 732 (a) (1) (B), submit to the Office of Management and Budget and to the appropriate 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 732(d), and the Office of Management and Budget shall submit to such committee (s) such comments as it deems appropriate.
"SEC. 734. For the purposes of this part:
"(1) The term 'funding resolution' means,
with respect to each committee of the Sen-
ate, the first authorization resolution re-ported by such committee for a year under section 133(g) of the Legislative Reorganization Act of 1946, or any action taken in lieu of such funding resolution, which in any event shall occur not later than May 15.
"(2) An amendment to a funding resolution includes a resolution of the Senate which amends such funding resolution.
"PART E—CITIZENS' COMMISSION ON THE ORGANIZATION AND OPERATION OF GOVERNMENT
"SEC. 741. There is authorized to be established, as an independent instrumentality of the United States, the Citizens' Commission on the Organization and Operation of Government (hereinafter in this part referred to as the 'Commission').
"SEC. 742. It is hereby declared to be the policy of the Congress to promote economy, efficiency, and improved service in the trans-action of the public business in the departments, agencies, independent instrumentalities, and other authorities of the executive branch of the Government.
"SEC. 743. (a) The Commission shall con-duct a nonpartisan study and investigation of the organization and methods of operation of all departments, agencies, independent instrumentalities, and authorities of the executive branch of the Government in the following major policy areas:
"(1) International affairs and defense.
"Functions :
"050—National defense.
"150—International affairs.
"(2) Resources and technology:
"Functions:
"250—General Science, space, and technology.
"270—Energy.
"300—Natural resources and environment.
"(3) Economic development.
"Functions:
"350—Agriculture.
"370—Commerce and housing credit.
"400—Transportation.
"450—Community and regional development.
"(4) Human resources.
"Functions:
"500—Education, training, employment, and social services.
"550—Health.
"600—Income security.
"700—Veterans benefits and services.
"(5) General Government.
"Functions:
"750—Administration of justice.
"800—General Government.
"850—General purpose fiscal assistance.
"900—Interest.
The Commission shall make such recommendation as it determines necessary to
"(1) increase the effectiveness of Government services, programs, and activities by changing the structure and execution of administrative responsibilities;
"(2) improve delivery of services through elimination of needless duplication or overlap, consolidation of similar services, programs, activities, and functions, and termination of such services, programs, and activities which have outlived their intended purposes;
"(3) maintain expenditures at levels consistent with the efficient performance of essential services, programs, activities, and functions;
"(4) simplify and eliminate overlaps in agency regulatory functions by review of the laws, regulations, and administrative reports and procedures; and
"(5) determine the appropriate responsibilities of each level of government, the manner and alternative means for each level of government to finance such responsibilities, the forms and extent of intergovernmental aid and assistance, and the organization required for proper balance and division of respective Federal, State, and local government roles, responsibilities, and authorities.
"(b) The Commission shall submit to the President, the Committee on Governmental Affairs of the Senate, and the Committee on Government Operations of the House of Representatives such interim reports as it deems advisable, and, not later than four years after the appointment and qualification of a majority of the Commission Members, a final report setting forth the Commission's findings and recommendations. The final report of the Commission shall include the comments of the appropriate congressional committees.
"(c) At least once every year for two years after the submission of the final report, the Comptroller General shall report to the Congress on the status of actions taken on the Commission's final report.
"SEC. 744. (a) The Commission shall be composed of fifteen members appointed from among individuals with extensive experience in or knowledge of United States Government as follows:
"(1) Five members appointed by the President by and with the advice and consent of the Senate.
"(2) Five members appointed by the President pro tempore of the Senate, three upon recommendation of the majority leader and two upon recommendation of the minority leader of the Senate.
"(3) Five members appointed by the Speaker of the House of Representatives, three upon recommendation of the majority leader apd two upon recommendation of the minority leader of the House.
"(b) (1) Two members appointed under subsection (a) (1) shall be appointed to serve as Chairman and Vice Chairman (as provided in paragraph (2) of this subsection) and shall not engage in any other business, vocation, or employment. Such two members shall not be of the same political affiliation.
"(2) The member described in paragraph (1) who is, when appointed, not of the same political affiliation as the President shall serve as Chairman of the Commission and the other such member shall serve as Vice Chairman of the Commission.
"(c) Of the members appointed and qualified under subsection (a) (1) other than the members to whom subsection (b) applies, not more than two shall be of the same political affiliation.
"(d) Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner in which the original appointment was made.
"(e) Eight members of the Commission shall constitute a quorum, but the Commission may establish a lesser number to constitute a quorum for the purpose of holding hearings.
"SEC. 745. (a) The Commission or, on the authorization of the Commission, any subcommittee or member thereof, may, for the purpose of carrying out the provisions of this part, hold such hearings and sit and act at such times and places, administer such oaths, and require, by subpoena or otherwise, the attendance and testimony of such witnesses and the production of such books, records, correspondence, memorapda, papers, and documents as the Commission or such subcommittee or member may deem advisable.
"(b) (1) Subpoenas shall be issued under the signature of the Chairman or any member of the Commission designated by him and shall be served by any person designated by the Chairman or such member. Any member of the Commission may administer oaths or affirmation to witnesses appearing before the Commission.
"(2) The provisions of section 1821 of title 28, United States Code, shall apply to witnesses summoned to appear at any such hearing. The per diem and mileage allowances to witnesses summoned under authority conferred by this section shall be paid from funds appropriated to the Commission.
"(3) Any person who willfully neglects or refuses to appear, or refuses to qualify as a witness, or to testify, or to produce any evidence in obedience to any subpoena duly issued under the authority of this section shall be fined not more than $500, or imprisoned for not more than six months, or both. Upon the certification by the Chairmen of the Commission of the facts concerning any such willful disobedience by any person to the United States attorney for any judicial district in which such person resides or is found, such attorney may proceed by information for the prosecution of such person for such offense.
"(c) The Commission is authorized to secure directly from the head of any department, agency, independent instrumentality, or other authority of the executive branch of the Government, available information which the Commission deems useful in the discharge of its duties. All departments, agencies, independent instrumentalities, and other authorities of the executive branch of the Government shall cooperate with the Commission and furnish all information re-quested by the Commission in accordance with existing law.
"SEC. 746. (a) Subject to such rules and regulations as may be adopted by the Commission, the Commission shall have the power
"(1) to appoint and fix the compensation of an Executive Director and such additional staff personnel as it deems necessary in accordance with the provisions of title 5, United States Code, governing appointments in the competitive service, and chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, and
"(A) in the case of the Executive Director, at a rate equal to that of level V of the Executive Schedule under section 5316 of title 5, United States Code; and
"(B) in the case of not more than three additional staff members. at rates not in excess of the maximum rate for GS-18 of the General Schedule under section 5332 of such title; and
"(2) to procure temporary and intermit-tent services to the same extent as is authorized by section 3109 of title 5, United States Code.
"(b) The Commission is authorized to enter into agreements with the General Services Administration for procurement of necessary financial and administrative services, for which payment shall be made by reimbursement from funds of the Commission in such amounts as may be agreed upon by the Chairman and the Administrator of the General Services Administration.
"SEC. 747. (a) The Chairman of the Commission shall receive compensation at a rate equal to the rate prescribed for level III of the Executive Schedule under section 5314 oftitle 5, United States Code, and the Vice Chairman shall receive compensation at a rate equal to the rate prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code.
"(b) All other members of the Commission who are not officers or employees of the Federal Government shall receive compensation at the rate of $200 for each day such member is engaged in the performance of the duties vested in the Commission.
"(c) Members of the Commission shall be reimbursed for travel, subsistence, and other necessary expenses incurred in connection with their activities as members of the Commission.
"SEC, 748. The Commission shall cease to exist ninety days after the submission of its final report.
"SEC. 749. There is authorized to be appropriated until September 30, 1983, without fiscal year limitations, the sum of $4,000,000 to carry out the provisions of this part.
"SEC. 750. The Commission shall be subject to the Federal Advisory Committee Act.
"PART F—MISCELLANEOUS
"SEC. 751. Section 206 of the Budget and Accounting Act, 1921 (31 U.S.C. 15), is amended by inserting immediately 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 President transmits the budget to the Congress under section 201 of this Act for the fiscal year'.
"SEC. 752. Nothing in this Act shall require the public disclosure of matters that are specifically authorized under criteria established by an Executive order to be kept secretin 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. In addition nothing in this Act shall require any committee of the Senate to disclose publicly information the disclosure of which is governed by Senate Resolution 400, Ninety-fourth Congress, or any other rule of the Senate.
"SEC. 753. (a) The provisions of this section and sections 711(a), 711(b), 711(c)(1), 711 (c)(2), 711(c) (5), 712. 713(b), 714(a), 714 (c), 714(d), 714(e), 714(f), 714(g), part D (except section 733) section 755, and section 756 of this title are enacted by the Congress.
"(1) as an exercise of the rulemaking power of the Senate and the House of Representatives, respectively, 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.
"(b) In the Senate, paragraphs (2) and (5) of section 711(c) shall also be treated as amendments to rule %VI of the Standing Rules of the Senate.
"(c) Any provision of this Act which is enacted as an exercise of the rulemaking power of the Senate may be waived or suspended in the Senate by a majority vote of the Members voting.
"SEC. 754. (a) To assist in the review or reexamination of a program, the head of an agency which administers 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 legislative jurisdiction over such program such studies, information, analyses, reports, and assistance as the committee may request.
"(b) Not later than six months prior to the first reauthorization date specified for a program in section 711(b) the head f the agency which administers such program or the head f any other agency, when requested by a committee of the Senate or House of Representatives, shall conduct a review of those regulations currently promulgated and in use by that agency which the committee specifically 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 reauthorized and stating the basis for its decision.
"(c) On or before October 1 of the year preceding the Congress in which occurs the reauthorization date for a program, the Comptroller General shall furnish 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.
"(d) Consistent with the discharge of the duties and functions imposed by law on them or their respective Offices or Service, the Comptroller General, the Director of the Congressional Budget Office, the Director of the Office of Technology Assessment, and the Director of the Congressional Research Service shall furnish to each committee 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 evaluations of programs.
"SEC. '755. (a) For purposes of this section and part B, the term 'required authorization waiver resolution means only a resolution of the Senate or the House of Representatives
"(1) which is introduced by the chairman of a committee pursuant to subsection (b);
"(2) which waives the provisions of subsection 711(c) (2) of this title for the purpose of allowing consideration of a bill or resolution providing new budget authority for a program for not more than one fiscal year in an amount which does not exceed the amount of new budget authority required to maintain the current level of services being provided during the fiscal year preceding the fiscal year for which new budget authority would be provided; and for purposes of this section, such current level of services shall be determined initially from the report submitted to the Congress pursuant to section 605 of the Congressional Budget Act of 1974 and shall be certified by the Director of the Congressional Budget Office; and
"(3) the matter after the resolving clause of which is as follows: 'That it is in order in the Senate (House of Representatives) to consider a bill (resolution) providing new
budget authority for for the fiscal year in an amount not to exceed $----.' (with the first blank space being filled with identification of the program; the second blank space being filled with the fiscal year for which the new budget authority would be provided; and the third blank space being filled with the amount of new budget authority necessary to maintain the current level of services for such program for the fiscal year preceding the fiscal year for which such new budget authority would be provided).
"(b) The chairman of the committee of the Senate or the House of Representatives having legislative jurisdiction over a program or programs shall introduce a required authorization waiver resolution for such program or programs not later than the fifth day (not counting any day on which the Senate or the House, as the case may be, is not in session) following the occurrence of either of the following:
"(1) A bill authorizing the enactment of new budget authority for the same program or programs has been under consideration for not less than fifteen hours, including debate on the motion to consider the authorization bill, and no limitation of debate has been agreed to; or
"(2) A bill authorizing the enactment of new budget authority for the same program or programs has been vetoed by the President and such veto has been sustained by either the Senate or the House of Representatives.
(c) A required authorization waiver resolution relating to a program introduced in, or received by, the Senate or the House of Representatives shall be referred to the appropriate committee of the Senate or the House of Representatives, as the case may be; except that any resolution introduced, received after September 1 of the second session of a Congress shall immediately be placed on the appropriate calendar. With respect to any resolution still pending before a committee on September 1, of the second session of a Congress, the committee shall
be automatically discharged and the resolution placed on the appropriate calendar.
"(d) The provisions of section 912 of title 5, United States Code, relating to the consideration of resolutions of disapproval of reorganization plans shall apply in the House of Representatives and the Senate to the consideration of required authorization waiver resolutions.
"SEC. 756. 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, 1986, and each five years thereafter, setting forth their findings and recommendations. Such reviews and re-ports may be conducted jointly.
"SEC. 757. There are hereby authorized to be appropriated through fiscal year 1990 such sums as may be necessary to carry out the review requirement of parts B and D and the requirements for the compilation of the inventory of Federal programs as set forth in part C.".
Mr. MUSKIE. Mr. President, I suspect that we will have ample opportunity to discuss the amendment and what it proposes and what its implications are before the day is out.
The ACTING PRESIDENT pro tempore. Will the Senator suspend momentarily? The Chair is advised that the committee amendments were set aside only until today so the amendment of the Senator from Maine would be out of order until the committee amendments are disposed of.
Mr. LONG. Mr. President, I suggest the absence of a quorum.
Mr. MUSKIE. Mr. President, who has the floor?
The ACTING PRESIDENT pro tempore. The Senator from Maine has the floor.
Mr. MUSKIE. Mr. President, the committee amendment which is involved is an amendment recommended by the Committee on Environment and Public Works. Although there is no time specified it was understood that the staffs of Senator STEVENSON, interested Senators from the Committee on Environment and Public Works, and Senator JACKSON would be working over the weekend to develop an alternative to the committee amendment. That work is underway, is under consideration, and the whole purpose of putting the amendment over was intended to give us time to work out such an amendment.
May I put this parliamentary inquiry?
It was clearly the understanding of all involved, including the leadership, that that was the purpose of putting it over, and it was also the understanding on Saturday afternoon that we would proceed to my amendment the first thing this morning, although it was not the subject of a unanimous consent request.
Mr. President, in view of the fact that the Senators directly involved are not present on the floor at this time I suggest the absence of a quorum.
The ACTING PRESIDENT pro tempore. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mr. HEINZ. Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.
Mr. LONG. I object.
The ACTING PRESIDENT pro tempore. Objection is heard.
The assistant legislative clerk continued with the call of the roll.
Mr. STEVENSON. Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.
The ACTING PRESIDENT pro tempore. Is there objection?
Without objection, it is so ordered.