September 26, 1978
Page 31569
PROGRAM REAUTHORIZATION AND EVALUATION ACT OF 1978 — S. 2
AMENDMENT NO. 3658
(Ordered to be printed and to lie on the table.)
Mr. MUSKIE (for himself, Mr. ROBERT C. BYRD, Mr. CRANSTON, Mr. ROTH, Mr. GLENN, Mr. RIBICOFF, Mr. PERCY, Mr. BIDEN, Mr. PELL, Mr. ANDERSON, Mr. BELLMON, Mr. BENTSEN, Mr. BURDICK, Mr. HARRY F. BYRD, JR., Mr. CHAFEE, Mr. CHILES, Mr. CHURCH, Mr. CLARK, Mr. CULVER, Mr. DOLE, Mr. DOMENICI, Mr. DURKIN, Mr. EASTLAND, Mr. GRIFFIN, Mr. HART, Mr. HASKELL, Mr. HATCH, Mr. MARK ) O. HATFIELD, Mr. PAUL G. HATFIELD, Mr. HATHAWAY, Mr. HEINZ, Mrs. HUMPHREY, Mr. KENNEDY, Mr. LEAHY, Mr. LUGAR, Mr. MATHIAS, Mr. MATSUNAGA, Mr. MCINTYRE, Mr. METZENBAUM, Mr. MORGAN, Mr. NUNN, Mr. RIEGLE, Mr. SASSER, Mr. SCHWEIKER, Mr. STAFFORD, Mr. STONE, Mr. TOWER, Mr. WILLIAMS, Mr. HUDDLESTON, and Mr. BAYH) submitted an amendment intended to be proposed by them, jointly, to S. 2, a bill to require authorizations of new budget authority for Government programs at least every 5 years, to provide for review of Government programs every 5 years, and for other purposes.
SUNSHINE ACT OF 1978
Mr. MUSKIE. Mr. President, I am submitting today, with Senators ROBERT C. BYRD, CRANSTON, ROTH, GLENN, RIBICOFF, PERCY, BIDEN, PELL, ANDERSON, BELLMON, BENTSEN, BURDICK, HARRY F. BYRD, JR., CHAFEE, CHILES, CHURCH, CLARK, CULVER, DOLE, DOMENICI, DURKIN, EASTLAND, GRIFFIN, HART, HASKELL, HATCH, MARK O. HATFIELD, PAUL G. HATFIELD, HATHAWAY, HEINZ, HUMPHREY, KENNEDY, LEAHY, LUGAR, MATHIAS, MATSUNAGA, MCINTYRE, METZENBAUM, MORGAN, NUNN, RIEGLE, SASSER, SCHWEIKER, STAFFORD, STONE, TOWER, WILLIAMS, HUDDLESTON, and BAYH, an amendment in the nature of a substitute to S. 2, commonly known as the sunset bill.
I am particularly pleased to be joined in this amendment by the distinguished majority leader and the distinguished majority whip. I am also pleased that 45 other Members of the Senate have joined in this amendment.
This amendment represents the latest of many refinements in the sunset legislation, as we attempt to fashion the best and most workable bill possible to bring to the Senate floor in the days ahead.
Mr. President, I believe sunset is a weapon the Congress must have to help bring Federal spending and inflation under control and reduce the burden on the American taxpayer.
Sunset is a rational, workable, and sensible way of getting a grip on wasteful and low priority Federal spending.
Sunset is really a very simple idea. It attacks the notion that Government programs once enacted should remain forever on the books. Instead, it proposes that a program should continue only if Congress decides that it is needed and is still going well. If a program cannot meet these conditions, it goes out of business.
Under my amendment, virtually all Federal programs would come up for systematic review and reauthorization on a rotating 10-year basis. The amendment also proposes that similar programs be considered at the same time. That way we can see whether dozens, and sometimes hundreds, of programs in a particular functional area are still needed.
I believe sunset should be enacted for a number of reasons.
First, it will complement the budget process as an important weapon in bringing Government spending — and thus inflation — under control.
Second, it will strengthen the congressional authorization process, the most important policy process the Congress has.
Third, it will enhance the ability of the Congress to respond to changing national problems.
And, fourth, it responds rationally and responsibly to the public mood which demands that Government programs be brought under control and that tax dollars be spent more effectively.
Mr. President, sunset legislation has been approved by both the Committee on Governmental Affairs and the Committee on Rules and Administration. It has been endorsed by the President and it has been sponsored by more than 150 Members of the House of Representatives.
I believe the time for Senate action on sunset is now, and I urge my colleagues to support the amendment I am introducing today.
Mr. President, I ask unanimous consent that a summary of my amendment, a comparison of its provisions with S. 2 — a comparison of its provisions with those in S. 2 — the text of the amendment, and a section by section analysis be included in the RECORD at this point.
There being no objection, the material was ordered to be printed in the RECORD, as follows:
COMPARISON OF MUSKIE AMENDMENT AND S. 2 AS REPORTED BY RULES COMMITTEE
The Muskie substitute amendment and S. 2, as reported by the Committee on Rules and Administration, would, for the most part, achieve the same objectives. The Muskie amendment is primarily a refinement of earlier versions of the sunset bill.
Both S. 2 and the Muskie amendment would require reauthorization and review of most Federal programs according to a five-Congress schedule set out in the bill.
Both would end permanent authorizations (for all but exempted programs) and limit new authorizations to ten years.
Both would terminate permanent appropriations, in accordance with the sunset schedule.
Both call for more in-depth reexamination of selected programs each Congress.
And both would depend heavily on the rules of the Senate and House for enforcement of the sunset process.
But while the two proposals seek the same objectives and will likely achieve the same results, there are differences. These differences, which occur primarily in Titles I and III, are outlined below.
REQUIRED REAUTHORIZATIONS OF PROGRAMS
(TITLE I)
There are two classes of programs that presently do not come up for regular Congressional reauthorization — permanent appropriations and permanent authorizations. S. 2 and the Muskie amendment establish procedures that will affect those programs in slightly different ways.
Under both bills, a program funded by a permanent appropriation would terminate unless it was reauthorized by its scheduled reauthorization date. However, the termination mechanisms used are slightly different. In S 2, that mechanism consists of a bar against obligating or expending funds for a program not reauthorized. Under the Muskie amendment, a permanent appropriation ceases to be effective for the purpose of funding the program.
Procedures in the two bills for handling permanent authorizations are also slightly different, although once again the effect would be the same.
S. 2 deals with permanent authorizations as follows: If a program permanently authorized is not reauthorized by its scheduled reauthorization date, the President can neither obligate nor expend any funds for it (the same as for permanent appropriations under S. 2). If that bar against spending goes into effect, an appropriation to continue funding for the program would be subject to a point of order.
Under the Muskie amendment, if the program is not specifically reauthorized by its scheduled reauthorization date, it would be out of order in either House to consider an appropriation for it.
The Muskie amendment requires that a "required authorization" exist for a program before an appropriation funding program could go forward, under the rules of both Houses. A "required reauthorization" is one enacted during or after the Congress in which the program is scheduled for reauthorization. It cannot authorize appropriations for more than 10 years, or beyond the next scheduled reauthorization date for the program.
In other words, under the Muskie amendment, a previously enacted authorization extending past the next scheduled reauthorization date (a permanent authorization, for example), would cease to be a "required authorization" as of the reauthorization date, for purposes of appropriating funds.
REPORTS ON REAUTHORIZATION BILLS (TITLE I)
Both S. 2 and the Muskie amendment would make it out of order to consider a reauthorization bill unless a review of that program had been completed and included in the report accompanying the reauthorization bill.
However, the language of S. 2 implied that the Parliamentarian would have to have a qualitative judgment concerning the adequacy of the review in determining whether the reauthorization bill would be out of order. Under the Muskie amendment that language has been deleted, so that the Parliamentarian only has to rule on whether or not the report includes the categories of information required.
EXEMPTED PROGRAMS (TITLE I)
The exemptions in the two bills are essentially the same, with one exception. In the Muskie amendment, a new exemption had been added for the permanent appropriation providing refunds to taxpayers. That new exemption is consistent with the philosophy of other exemptions in the bill.
CHANGING THE SCHEDULE OR THE EXEMPTIONS (TITLE II)
Under S. 2, the review schedule could only be changed by enactment of a law. Under the Muskie amendment, reauthorization dates for programs not funded by permanent appropriations could be changed by concurrent resolution. However, under the Muskie amendment a law would still have to be enacted to change the reauthorization dates for permanent appropriations, or to change the list of exemptions.
MODIFICATION OF PROGRAM REEXAMINATION PROVISIONS (TITLE III)
Title III of both S. 2 and the Muskie amendment provides for the in-depth evaluation of selected programs during each Congress. However, the Muskie amendment contains some modification of this provision.
Under S. 2, each House is required to enact a simple resolution, at the beginning of each Congress, detailing which programs would be the subject of intensive evaluation during that Congress.
Under the Muskie amendment, the committees in the Senate would include, along with their funding resolution submitted at the beginning of each Congress, a list of programs they intend to examine in depth over the next one to three years. To protect committees from being forced to reexamine programs without sufficient funding, the committee of jurisdiction and the Rules Committee must be advised of any amendments to funding resolutions by January 20 of the session in which the resolution is considered.
WAIVER OF REAUTHORIZATION REQUIREMENT (TITLE V)
S. 2 provides for privileged consideration of a current services reauthorization if a bill to reauthorize a program according to the schedule had been debated for 50 hours. That current services reauthorization could extend the authorization for the program for two years at a level no more than its current services appropriations level.
The Muskie amendment substitutes a "required reauthorization waiver resolution" for the current services reauthorization bill. Such a resolution would waive the requirement for a "required authorization" for a program before an appropriation could be considered. A "required reauthorization waiver resolution" would allow a one-year appropriation to be considered for a program, at a level not to exceed current services. Such a waiver resolution would be in order in either House when the reauthorization bill for the program had been vetoed, and, in the Senate, if the reauthorization bill had been debated for at least 15 hours, with no time limitation agreement.
SUMMARY OF MUSKIE SUBSTITUTE AMENDMENT FOR S. 2, THE SUNSET ACT OF 1978
TITLE I — REAUTHORIZATION OF GOVERNMENT PROGRAMS
Title I requires that all government programs, except for a number of specifically listed exemptions, be reviewed and reauthorized at least once every ten years, in accordance with a five-Congress schedule.
The schedule, set forth in the amendment, groups programs for reauthorization by sub-functional categories of the budget. The schedule is designed to enable Congress to reauthorize similar programs at the same time and to balance its workload over the ten year cycle.
Title I establishes procedures to force the reauthorization according to the sunset schedule of all programs whether they are now periodically authorized, permanently authorized, or permanently appropriated.
Those procedures would:
Limit new authorizations to ten years by making it out of order for either House of Congress to consider legislation authorizing a program for a longer period.
Tie the reauthorization of programs to the sunset schedule by making it out of order to consider legislation authorizing a program beyond its next scheduled reauthorization date.
Establish a new category of authorizing legislation called a "required authorization" — an authorization enacted at least once every ten years in accordance with sunset procedures.
Provides that required authorization be enacted for every program before an appropriation for that program could be in order for consideration in either House. (Programs currently permanently authorized which are not specifically reauthorized in accordance with the sunset schedule and procedures as detailed above, would not have a required authorization and, as a result, appropriations for those programs would be out of order in both Houses.)
Provides that permanent appropriations would cease to have effect for the purpose of providing funds if the programs they fund are not reauthorized in accordance with sunset procedures.
Requires that any appropriations legislation, or the report accompanying it, cite the required authorization that exists for each program it funds or be out of order in both Houses.
Title I also—
Requires Committees of Congress to include a "reauthorization review" — which answers basic questions about the legislation — in any report accompanying an authorization bill they report in accordance with sunset procedures.
Lists the specific programs exempted from the reauthorization requirements.
Assures that the Committees of the Congress will have a direct role in shaping the schedule and that, within each sunset reauthorization cycle the schedule — except for programs funded by permanent appropriations — can be changed by concurrent resolution.
However, under the Muskie amendment a law would still have to be enacted to change the reauthorization dates for permanent appropriations, or to change the list of exemptions.
TITLE II — PROGRAM INVENTORY
Title II
Directs the General Accounting Office, with the assistance of the Congressional Budget Office and input from the authorizing committees, to compile an inventory of Federal programs prior to the beginning of the first sunset cycle. The inventory is to advise and assist the Congress in carrying out the reauthorization and review requirements of sunset and will in no way infringe on the legislative or oversight responsibilities of Congressional committees.
Requires the General Accounting Office to regularly update its inventory of programs and take into account Congressional action reauthorizing or terminating programs under the sunset process. The update would include changes in the fiscal status of the programs as provided by the CBO.
TITLE II — PROGRAM RE-EXAMINATION
Title III
Establishes a procedure by which Senate and House committees can select a number of programs under their jurisdiction for a more comprehensive reexamination.
Requires committees to list such programs in their funding resolution in the first session of each Congress.
Requires, to the extent feasible, that committees submit reports of their reexaminations at the same time a program is up for reauthorization according to the schedule.
Requires a Senate committee to complete its reexaminations on time or have its next funding resolution subject to a point of order.
Requires executive agencies responsible for administering a program selected for reexamination to submit their own reexamination of the program to the Congress at least six months before the completion date for the committee's study.
TITLE IV — CITIZENS' COMMISSION ON THE ORGANIZATION AND OPERATION OF GOVERNMENT
Title IV
Authorizes the establishment of a blue-ribbon commission for the purpose of studying the efficiency and the effectiveness of the government at all levels. It could also assist the Congress in the implementation of the sunset process.
TITLE V — MISCELLANEOUS
Title V
Provides for the submission, at the request of a committee of the Congress, of agency budget requests and materials supporting those requests at any time following the submission of the President's budget to the Congress.
Provides an expedited and privileged procedure for waiving the requirement that a required reauthorization exist before an appropriation funding a program is in order for consideration in both Houses. Such a "required reauthorization waiver resolution" would be in order and considered under privileged and expedited procedures in either House if a reauthorization bill for that program were vetoed and the veto sustained or if the reauthorization bill had been debated for at least 15 hours and no time limitation on debate had been agreed to. Such a required reauthorization waiver resolution would allow it to be in order for both Houses to consider a one-year appropriation for the program at an amount not to exceed the amount certified by CBO as necessary to fund the program at its current services level.
Provides that procedures established by this legislation may be waived by majority vote in the Senate.
AMENDMENT NO. 3658
Strike all after the enacting clause and insert the following: "That this Act may be cited as the 'Sunset Act of 1978'.
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 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. 3. (a) For purposes of this Act:
"(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 require 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 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 Act, each program (including any program exempted by provision of law from inclusion 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 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 titles I, II, III, and V of this Act, the reauthorization date applicable to a program is the date specified forsuch program under section 101(b).
"TITLE I — REAUTHORIZATIONS 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 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
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
Sept. 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.
803 Central Fiscal Operations
Sept. 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 Function.
852 Other General Purpose Fiscal Assistance
Sept. 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
Sept. 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
Sept. 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 program 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 complies with 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 date and 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 program.
"(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. 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 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 103 shall conduct a review of such program of the type described in subsection (a) 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 Representatives, as the case may be, a report containing its recommendations and other information of the type described in subsection (a) to the extent 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 101(b), whichever first occurs.
"SEC. 103. (a) Section 101(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 anti-discrimination 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 sub-functional 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 sub-functional 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 sub-functional category 703 (Hospital and medical care for veterans).
(6) "Social Security and Federal employee retirement programs including the following:
"(A) Programs funded through trust funds which are included within sub-functional 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 Inactive Fleet Reserve; and payments under section 4 of Public Law 92-425 and chapter 73 of title 10, United States Code (survivor's benefits), classified in the fiscal year 1979 budget in sub-functional category 051 (Department of Defense — 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 Atmospheric Commissioned Corps and their survivors and dependents, classified in the fiscal year 1979 budget in sub-functional category 551 (Health care services).
"(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 serviceman'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 1979 budget in sub-functional category 403 (Water transportation).
"(E) Payments to the Central Intelligence Agency Retirement and Disability Fund, classified in the fiscal year 1979 budget in sub-functional category 054 (Defense-related activities).
"(F) Payments to the Civil Service Retirement and Disability Fund for financing unfunded liabilities, classified in the fiscal year1979 budget in sub-functional category 805 (Central personnel management).
"(G) Payments to the Foreign Service Retirement and Disability Fund, classified in the fiscal year 1979 budget in sub-functional 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 thefiscal year 1979 budget in various subfunctional 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. 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 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 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), but it shall not be in order to consider any such concurrent resolution (or bill), or amendment thereto, if such concurrent resolution (or bill) or amendment proposes to change a reauthorization date applicable to a program to a date after the last fiscal year in the sunset reauthorization cycle then in progress.
"(c) All messages, petitions, memorials, concurrent resolutions, and bills proposing changes in section 101(b) and all bills proposing changes in section 103(a), shall be referred first to the committee with legislative jurisdiction over any program affected by the proposal 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 subsection (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 favorably by 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 Act to make more effective comparisons between programs having like objective.
"(f) Any concurrent resolution or bill proposing a change in section 101(b) or 103(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 provisions of section 1017(d) 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 subsection (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. 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.
"TITLE II—PROGRAM INVENTORY
"SEC 201. (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 title 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 titles I and III. 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 titles and shall not infringe on the legislative and oversight responsibilities of such committees. The Comptroller General shall compile and maintain the inventory, and the Director of the Congressional Budget Office shall provide budgetary 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 re-examination requirements of this Act. Such groupings shall identify program areas in a manner which classifies each program in only one functional and only one sub-functional category and which is consistent with the structure of national needs, agency missions, and basic programs developed pursuant to section 201(i) 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 101(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 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 for each of the preceding four fiscal years and, where applicable, the four succeeding fiscal years.
"(2) The functional and sub-functional 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. 202. 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 of the program inventory.
"SEC. 203. 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. 204. 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 201 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. 205. (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 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 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. 206. 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 and assessment of the adequacy of the functional and sub-functional categories contained in section 101(b) for grouping programs of like missions or objectives.
"SEC 207. (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 101(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.
"TITLE III—PROGRAM REEXAMINATION
"SEC. 301. (a) Each committee of the Senate and the House of Representatives periodically shall provide through the procedures established in section 302, 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 programs concurrently.
"SEC. 302. (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 title. 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 101(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 reexamination 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 mere programs to be reexamined, shall include the information described in paragraph (1) and (2) with respect to each such program. This subparagraph shall not apply to amendments proposed 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 title. 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 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 other program having potentially conflicting or duplicative objectives.
"(3) A statement of the number and types of beneficiaries or persons served by the program.
"(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 program.
"(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 title I.
"SEC. 303. Each department or agency of the executive 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) section 302(d), and the Office of Management and Budget and to the appropriate committee(s) 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(s) 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 Senate, the first authorization resolution reported 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.
"TITLE IV — CITIZENS' COMMISSION ON THE ORGANIZATION AND OPERATION OF GOVERNMENT
"SEC. 401. 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 title referred to as the 'Commission') .
"SEC. 402. It is hereby declared to be the policy of the Congress to promote economy, efficiency, and improved service in the transaction of the public business in the departments, agencies, independent instrumentalities, and other authorities of the executive branch of the Government.
"SEC. 403. (a) The Commission shall conduct 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 service, programs, activities, and functions, and termination of such services, programs, and activities which have outlived their intended purpose;
"(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. 404. (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 and 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. 405. (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 title, 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, memoranda, 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 Chairman 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 requested by the Commission in accordance with existing law.
"SEC. 406. (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 intermittent 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. 407. (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 of title 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. 408. The Commission shall cease to exist ninety days after the submission of its final report.
"SEC. 409. 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 title.
"SEC. 410. The Commission shall be subject to the Federal Advisory Committee Act.
"TITLE V — MISCELLANEOUS
"SEC 501. 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. 502. 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 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. 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. 503. (a) The provisions of this section and sections 101(a), 101(b), 101(c)(1), 101(c)(2), 101(c)(5), 102, 103(b), 104(a), 104(c), 104(d), 104(e), 104(f), 104(g), title III (except section 303) , section 505, and section 506 of this Act 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 101(c) shall also be treated as amendments to rule XVI 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. 504. (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 101(b) the head of the agency which administers such program or the head of 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. 505. (a) For purposes of this section and title I, 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 101(c) (2) of this Act 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 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.
"(e) The provisions of section 912 of title5, 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. 506. 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 Act, 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 reports may be conducted jointly.
"SEC. 507. There are hereby authorized to be appropriated through fiscal year 1990 such sums as may be necessary to carry out the review requirement of titles I and III and the requirements for the compilation of the inventory of Federal programs as set forth in title II".
SECTION-BY-SECTION ANALYSIS
Section 2 sets out the purposes of the legislation. It is intended that the bill—
(1) require most Government programs to be reauthorized, according to a schedule at least once every 10 years;
(2) limit the length of time for which Government programs can be authorized to 10 years;
(3) bar the expenditure of funds for Government programs which have not been provided for by a law — either an authorization or an appropriation — enacted during a 10-year reauthorization cycle; and
(4) encourage reexamination of selected Government programs during each Congress.
Section 3(a) (1) defines the term "budget authority" as in section 3(2) of the Congressional Budget Act of 1974. That is authority provided by law to enter into obligations which will result in immediate or future outlays involving government funds, except for authority to insure or guarantee the repayment of indebtedness incurred by another person or government. This authority is the "seed bed" for all expenditures. It is granted not only through appropriation measures, but in legislation which bypasses the appropriations process (backdoor spending), such as measures providing permanent appropriations, contract authority, borrowing authority, and mandatory entitlements.
Section 3(a) (2) defines the term "permanent budget authority" as budget authority provided for an indefinite period of time or an unspecified number of fiscal years which does not require renewal action by the Congress. It 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. The definition in this act is qualified to assure that it does not include funding which has been appropriated for a specific fiscal year, such as contract authority for a construction project, but which may be obligated or spent in succeeding fiscal years.
Section 3(a) (3) defines the term "Comptroller General" as the Comptroller General of the United States.
Section 3(a) (4) defines "agency" under the act to include all agencies subject to 5 U.S.C. 105 plus the U.S. Postal Service and the Postal Rate Commission. It does not include the General Accounting Office.
Section 3(a) (5) defines the term "sunset reauthorization" to mean to period of five Congresses beginning with the 97th Congress and with each sixth Congress following the 97th Congress.
Section 3(b) assigns each government program to the sub-functional category to which it was assigned in the fiscal year 1979 Budget of the United States as the basis for scheduling programs for review and reauthorization under this act, including programs and activities exempted by provisions of law from inclusion in the Budget of the United States (the so-called off-budget programs). The effect of this section is to use the sub-functional categories in the fiscal 1979 budget as the basis for making the initial groupings of programs for the sunset review and reauthorization schedule. Subsequent changes in the functional or sub-functional categories will not affect the point at which program appears on the schedule. Once the reauthorization schedule is determined on the basis of the fiscal 1979 sub-functional categories, it can only be changed by congressional action.
The sub-functional categories represent the most readily usable grouping of government programs according to similarity of objectives. Scheduling programs classified in the same sub-functional category for review and reauthorization during the same Congress is intended to encourage the consideration of similar programs in relation to each other.
This section also requires that a report of an authorizing committee accompanying future legislation creating a new program include a statement from the authorizing committee recommending the appropriate functional and sub-functional classification for such program.
Section 3(c) provides that for the purposes of titles I, II, III and V of this act, the reauthorization date applicable to a program is the date specified in the schedule set out in section 101(b).
TITLE I — REAUTHORIZATION OF GOVERNMENT PROGRAMS
Section 101(a) requires that each program of the Government (except those listed in section 103) be specifically authorized or reauthorized at least once during each sunset reauthorization cycle, in accordance with the schedule of reauthorization dates set forth in section 101(b).
Section 101(b) sets forth a schedule for the reauthorization of programs. The reauthorization date for a program is that which corresponds in the schedule to the sub-functional category in which the program is classified (unless the program is rescheduled under the provisions of section 104 for reauthorization during another two-year cycle period in the cycle). The reauthorization cycle is 10 years or five Congresses beginning with the 97th Congress. At the end of the 10-year period, the cycle repeats. A program can be reauthorized more frequently if the Congress deems it appropriate. But, as provided elsewhere in title I, a program (unless exempt) must be reauthorized during the Congress in which occurs its reauthorization date in section 101(b), and reauthorizations in that Congress must be accompanied by review reports which are not required for reauthorizations in other years.
Review and reauthorization is scheduled over a full Congress rather than one year to provide a timetable for program examination and reauthorization which is more appropriately suited to the congressional process. The schedule includes all sub-functional categories and is intended to cover all programs, unless specifically exempted under section 103.
Section 101(c) (1) would make it out of order for either House of the Congress to consider legislation authorizing a program for more than 10 years, for an indefinite period, or beyond the year in which it is next scheduled for reauthorization. In the case of an authorization bill for a program under consideration during the Congress in which the program is scheduled for reauthorization, the next reauthorization date technically is September 30 of the second session. Therefore, this section makes it clear that the next reauthorization date means the September 30 date 10 years following the same date in the second session. This section does, however, make it in order to consider such an authorization bill for the purpose of considering an amendment which would bring that bill into compliance with the provisions of this subsection.
Section 101(c) (2) (A) is the key to forcing periodic reauthorization of most Federal programs. It would make it out of order in either House of Congress to consider an appropriation bill or resolution for a program unless the appropriation is specifically authorized by a law which constitutes a "required authorization" for the program in accordance with the sunset reauthorization schedule (the only exception would be the consideration of an appropriations bill to continue a program for one year at a current level of services following the approval of a "required authorization waiver resolution" pursuant to section 505).
Section 101(c) (2) (B) defines a "required authorization" to constitute the following elements
(1) it must comply with the provisions of section 101(c) (1), in that it cannot authorize the program for longer than ten fiscal years, for an indefinite period of time, or for a fiscal year which begins after the next reauthorization date for the program. The next reauthorization date would recur in the fifth Congress following the Congress in which the reauthorization date appears on the schedule, so that it would not be confused with the September 30 reauthorization date which occurs during the Congress in which the program authorization is under consideration.
(2) it must be enacted during the Congress in which the reauthorization date for the program occurs or during a Congress after such date, but prior to the Congress in which the next reauthorization date for such program occurs. This section is designed to assure that the schedule for reauthorization of programs is followed.
Otherwise an authorization could be adopted for more than the 10 years, in the Congress just prior to the scheduled reauthorization Congress, and the goal of considering related programs at the same time would be avoided. The "required authorization" could be enacted in a Congress following the Congress in which the reauthorization date occurs in the event that the program might be allowed to lapse for a period and then be renewed. However, that reauthorization could not extend beyond the next reauthorization date for the program.
In addition to enforcing the reauthorization requirement, this section protects a central concept of the bill — that the Senate and House act on bills to reauthorize related programs in the same Congress. This will provide a greater opportunity for the comparison of similar and duplicative programs and permit the Congress to make more informed judgments in setting program priorities.
Section 101(c)(3) would bar the obligation or expenditure of funds for a program which Congress has not acted to continue during the five-Congress sunset cycle. That bar would go into effect beginning with the first fiscal year after the end of the cycle. It is understood that Congressional action to continue a program could take the form either of a new authorization or a new appropriation.
Section 101(c) (4) provides that any law providing a permanent appropriation for a program covered by the reauthorization provisions would cease to be effective for the purposes of providing funds as of the first reauthorization date for that program. The effect of this provision will be to bring the programs covered by it under the regular periodic reauthorization and appropriations processes. Therefore, any new law enacted to continue such a program would be subject to the provisions of subsections 101(c) (1) and (2).
Once the provisions of this subsection are in effect, they will have the effect of making the exemptions listed in section 103 the only Federal programs which have either multi-year permanent authorizations or permanent appropriations.
Section 101(c) (5) provides that an appropriations bill (or resolution), or the report accompanying it, must include a citation to the provision(s) of law which constitutes a "required authorization" for each program the legislation would fund. It would be out of order in either House to consider an appropriation if the legislation and report accompanying it did not include this citation. This section would, however, make it in order to consider such a bill for the purpose of considering an amendment which would bring an appropriations bill into compliance with its provisions.
Section 101 does not change the substantive law which underlies each program. Rather it sets up new authorization dates for such programs and new procedures in the Senate and House for enforcing those dates. In the case of permanent appropriations, the section amends the law providing the appropriation by providing that it ceases to have any effect after the first reauthorization date for the affected program to the extent that the section provides or authorizes the provision of an appropriation for the program.
Section 102(a) requires Senate and House committees to conduct a "reauthorization review" of a program during the Congress in which the program is scheduled for reauthorization. The review could be prepared in the detail and to the extent the committee deems appropriate. In the case of a program which the committee intends to reauthorize, the report accompanying the reauthorization legislation is required to contain a separate "reauthorization review"section which includes certain specific items. Without this section, it will not be in order for either House to consider a reauthorization bill reported by the committee which authorizes the enactment of appropriations for the program beyond its reauthorization date. The only exception would be in the case of a bill which is up for consideration pursuant to a required authorization waiver resolution as set forth in section 505.
This is an internal enforcement mechanism for the Senate and House of Representatives to assure that the committee recommending reauthorization has considered basic questions regarding the continuation of a program. In particular, the committee is required, to the extent it deems appropriate, in the section on "reauthorization review", to include the following information:
(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 justification of the need for the program in light of findings that the other programs are 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 estimated to be achieved, based on the bill or resolution as reported.
(4) A comparison of amounts authorized for the program in each of the previous four fiscal years and the amounts of new budget authority provided in each such year.
This section is intended to insure that the above items are included in a report accompanying a bill reauthorizing a program in accordance with the sunset reauthorization schedule. It is not intended, however, to allow a point of order to lie against a bill based in any way on the adequacy of the information contained in the report. It is for that reason that the language of this section makes it clear that the information must be supplied, but only to the extent the committee reporting the bill deems appropriate.
Section 102(b) requires the report accompanying legislation to establish a new program to include the following information, but in the detail and to the extent the committee reporting the legislation deems appropriate:
(1) An identification of any other programs having similar objectives.
(2) An identification of the objectives of the new program.
A point of order would lie against consideration of such legislation unless the report accompanying it contained these two references.
Section 102(c) requires the committees of the House and Senate having jurisdiction over programs exempted from the reauthorization requirements of section 101 to conduct a review of those programs at least once during each sunset cycle. That report should contain the Committee's recommendations and the information required for reauthorization reviews under section 102(a) and must be submitted either during the Congress in which the program comes up for review, according to the schedule, or in the first Congress during a 10-year sunset cycle when the committee reports legislation authorizing the enactment of appropriations for that program, whichever occurs first.
Section 103(a) enumerates specific programs which are not subject to the reauthorization requirement in section 101(c). The exemptions include interest on the public debt (clause 1); Social Security and Federal retirement and disability programs (clause 6); medicare (clause 6); civil rights (clause 2) ; veterans benefits programs (clause 5); programs related to the administration of the Federal judiciary (clause 3); and income tax refunds (clause 4).
The category for interest on Federal debts was exempted from the reauthorization schedule because of the catastrophic impact the reconsideration of Federal interests payments could have on the national economy.
Certain Federal retirement programs in sub-functional category 601 (only those which are funded through trust funds) are exempted by (clause 6). These programs include Social Security Retirement and the accompanying medical benefits provided through Medicare, and the Railroad Retirement Trust Fund. The exemption also includes the Civil Service retirement program. In each of these programs, workers in the private sector or Federal employees contribute a part of their salaries to a trust fund in the expectation that upon their retirement they will receive certain retirement benefits.
The exemption for civil rights programs (clause 2) includes Federal government activities to enforce civil rights guaranteed by the Constitution of the United States and the anti- discrimination laws of the United States. Enforcement would extend to affirmative action programs and activities, even though not conducted pursuant to an express court order. Federal civil rights enforcement activities are conducted largely pursuant to authority granted by statutes such as the Civil Rights Act of 1964, the Civil Rights Act of 1968, the Rehabilitation Act of 1973, as well as authority granted to the Attorney General to represent the interests of the United States under sections 516 through 519 of title 28, United States Code. The subsection also, would cover criminal prosecutions under those statutes in chapter 13 of title 18, United States Code, which are designed to provide criminal sanctions for interference with constitutional rights. The subsection also would cover programs for defensive as well as prospective constitutional litigation. The subsection also would cover the implementation or enforcement of judgments resulting from civil rights litigation. The definition of civil rights guaranteed by the Constitution is meant to be fluid and evolving, and not limited to the rights that may exist at the date of enactment. However, the programs or activities exempted do not include underlying federal grant or contract programs.
Clause (6) also extends exemptions to Federal retirement programs for members of the armed forces, the Coast Guard and National Oceanic and Atmospheric Commissioned Corps, the Public Health Service Commissioned Corps and employees of the Central Intelligence Agency. These Federal workers are not covered by the Civil Service Retirement System but by retirement programs established for their various services and agencies. They differ in some respects from Civil Service in that not all of them require periodic deductions from salaries for contributions to a trust fund, but traditionally the commitment to a period of service in these agencies has been regarded as constituting an entitlement to the retirement benefits.
Clause (5) includes Veterans' Administration programs of benefits and services that are included in functional category 700, as disability compensation, pension, dependency and indemnity compensation, insurance, GI Bill educational assistance, vocational rehabilitation, health care, burial benefits, and VA home-loan programs.
Clause (3) involves an exemption for programs related to the administration of the Federal judiciary which was adopted by the Governmental Affairs Committee out of a concern that the required reauthorization of judicial activities could constitute an unnecessary intrusion by the legislative branch into the activities of the judicial branch.
Clause (4) would exempt a permanent appropriation which is made for the payment of refunds from tax returns to the taxpayer, but is not intended to include refunds to persons in excess of their tax payments.
Section 103(b) directs the Presiding Officer of the Senate to submit any question raised about the application of any exemption provision to the full Senate for a decision. Therefore, challenges to the scope of any exemption would be decided not on a parliamentary ruling alone, but by the Senate as a whole.
Section 104(a) expresses the sense of the Congress that programs should be reauthorized in broad program categories which constitute major areas of legislative policy. It is the goal of this legislation to foster authorizations across related subject areas and for such periods of time as will encourage better oversight and enhanced opportunities for program analysis, evaluation, and review. As an example, some committees might wish to consider consolidating all related programs classified within a single sub-functional category into a single authorization bill, with creation of new programs treated as amendments thereto.
Section 104(b) specifies that Congress may adopt amendments to the reauthorization schedule by concurrent resolution or by law. However, it would be out of order to consider such a resolution or bill if it provides a reauthorization date outside of the 10-year sunset reauthorization cycle.
Any changes in the exemptions set forth in section 103(a) must be enacted by law.
Sections 104 (c), (d), and (e) establish the procedures for consideration of bills or resolutions to amend the reauthorization schedule or bills proposing laws to change the exemptions provided in section 103(a).
All proposals for changes in the schedule or exemptions which are introduced will be referred first to the committee or committees with legislative jurisdiction over the affected programs. After the committee or committees report the measure, the legislation will be re-referred to the Committee on Rules in the House and the Committee on Rules and Administration in the Senate.
If a measure has been reported favorably by an authorizing committee, the respective Rules Committee must report it within thirty days with its recommendations or be discharged from jurisdiction.
The 30 days will include only those days on which the House or Senate was in session. The counting of days will begin with the day following the day of introduction of the legislation.
If the respective Rules Committee recommends a change in the exemptions or schedule, its report on the legislation must include a statement on the following—
(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 the House or Senate; and
(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.
Section 104(f) provides a two year period after the enactment of this act during which proposed changes to the review schedule are not subject to the thirty day time limit on Rules Committee consideration. For proposed changes submitted before June 1, 1980, each Rules Committee shall report by July 1, 1980, an omnibus bill or resolution containing its recommendations for changes in section 101(b) and 103(a).
Consideration of the bill would be highly privileged in the House and privileged in the Senate. This would occur two years before the first reauthorization date in section 101 (b) and six months after completion of the program inventory required by title II. The provisions of the Impoundment Control Act of 1974 governing floor consideration of rescission bills or resolutions are made applicable to the omnibus bill reported under this section.
Section 104(g) makes it out of order in both Houses to consider a bill, resolution, or amendment thereto that would amend the schedule by proposing a reauthorization date for a program beyond the final date of the sunset reauthorization cycle in progress while the bill, resolution, or amendment thereto is under consideration. It would be in order to consider a bill or resolution, solely for the purpose of considering an amendment which would bring the bill or resolution into compliance with the preceding requirement — such as changing the proposed date to one which falls within the current sunset cycle.
TITLE II — PROGRAM INVENTORY
Section 201(a) assigns to the Comptroller General and the Director of the Congressional Budget Office joint responsibility for the preparation of an inventory of Federal programs, working in cooperation with the Director of the Congressional Research Service.
Section 201(b) states that the purpose of the inventory is to assist the Congress in carrying out the requirements of titles I and III of the Sunset Act. Thus, the language states clearly that the inventory is to be prepared for the use of the Congress and is in no way intended to be binding on or to infringe upon the legislative or oversight responsibilities of congressional committees.
This section assigns the responsibility to GAO for compiling and maintaining the inventory for the support of the oversight process and to the CBO for providing budgetary information for inclusion in the inventory.
Section 201(c) sets the date for submission of the inventory for congressional review as July 1, 1979.
Section 201 (d), (e), (f), (g), and (h) set forth the required contents of the inventory for each program.
Section 201(f) requires that programs exempted from the reauthorization provisions of section 101(c) shall be listed separately in the inventory. This is in addition to being included in the main body of the inventory.
Section 202 requires the General Accounting Office, the Congressional Research Service, and the Congressional Budget Office to exchange information which would aid in compilation of the inventory.
Section 203 requires OMB, as well as other Executive agencies and their subdivisions to provide assistance to the GAO in compilation of the inventory.
Section 204 requires congressional committees, CRS, and CBO to review the draft inventory submitted by GAO to the Congress, and advise the GAO by October 1, 1979, any recommendations for change. GAO is required to report a revised inventory to Congress by December 31, 1979, after consultation with congressional committees.
Section 205(a) requires the GAO to update the inventory after each session of Congress. The mid-Congress updates are intended to be summaries of changes resulting from action completed by the Congress during the first session, and the updates after the second session are intended to be publications of revised, complete inventories reflecting the legislative enactments of the Congress just ended.
Section 205 (b) requires the CBO to furnish budgetary information and estimates to GAO for inclusion in the updates of the inventory. The updated information should indicate for each program in the inventory, and each new program created in the previous session, the amount and length of time of the authorization for the program, and the amount of appropriations approved for the program for the current fiscal year and the five succeeding fiscal years. If no appropriations have been authorized or provided, or if they have been authorized or provided for an indefinite amount, the Director should project the amount of funding which would be necessary to maintain a current level of services for the program.
Section 205(c) deals with the status of the substantive laws relating to programs which have not been reauthorized. This legislation has no immediate impact on such underlying laws. However, one year after each review date, the Director of the Congressional Budget Office, in consultation with the Comptroller General and Director of the Congressional Research Service, is required to compile a list of the provisions of law related to programs which were not reauthorized as required by sections 101 (b) and (c). The CBO Director is required to include that list as part of the report required by subsection 205(b), and it will be the responsibility of the committees with legislative jurisdiction over the affected programs to examine those laws and report recommendations for the disposition of them.
Section 206 requires the Comptroller General and the Director of CBO to include in their respective reports under Sections 202 (f) and 202(e) of the Congressional Budget Act an assessment of the adequacy of the functional and sub-functional categories contained in the sunset schedule for grouping programs of like missions and objectives.
Section 207 establishes an important new scorekeeping function to assist the Congress in weighing the budgetary impact of its authorizing decisions. The Director of the Congressional Budget Office would be required to issue annual reports which would track congressional action on bills and resolutions which authorize appropriations. The reports would be required to include up-to-date tabulations for the next fiscal year and the succeeding four fiscal years for programs in the inventory of the amounts of appropriations which have been (1) authorized by law or proposed to be authorized in any bill or resolution reported by any committee of the Senate or House, or (2) if an appropriation has not been authorized or proposed to be authorized for a program or program areas for each of the next five fiscal years the amounts necessary to maintain a current level of services.
Section 207(c) requires the director of CBO to issue periodic reports each Congress as the programs and legislation are scheduled for reauthorization. These reports should cite the authorization and appropriation law, or section thereof, for each program.
TITLE III — PROGRAM REEXAMINATION
Title III establishes procedures for the selection of specific programs for comprehensive reexamination by the committees of each House.
In the Senate, a committee would include a plan for the reexamination of selected programs as a part of the funding resolution it reports to the Senate for the first session of each Congress. The requirement is enforced by making it out of order to consider the funding resolution for the committee unless it includes a plan for reexamination and unless the reports on previously scheduled program reexaminations have been completed as provided by those plans. Program reexaminations should be scheduled for completion to coincide with the schedule for reauthorization of the program.
Section 301(a) states the purpose of the title — the selection of programs for comprehensive reexamination.
Section 301(b) directs each committee, in selecting programs and groups of programs for reexamination, to consider several factors. Programs would be likely candidates for reexamination if a substantial amount of time had passed since the program had been in effect, or if the program appeared to require significant change; also stressed is the desirability for examining related programs in the same year. Also to be considered are the resources of the committee, and committees are encouraged to anticipate the need for sufficient staff and support to complete a program reexamination when they prepare their budgets.
Section 302(a) (1) requires the committees of the Senate to incorporate their plan for reexamination of programs under this title in the funding resolution they report during January 1980 and thereafter for the first session of each Congress. The plan should include (A) an identification of the programs to be reviewed and the reasons for their selection, (B) the scheduled completion date for the reexamination, and (C) the estimated cost of the study. The completion date for submitting a study under this title is not to be later than the end of the Congress preceding the Congress in which the program is scheduled for reauthorization under section 101(b). This requirement is designed to make the reexamination report available to the Congress during the Congress it has to renew a program. A committee could propose a later completion date if it explains its reasons in a statement filed with its funding resolution.
A special provision allows reexamination reports for programs scheduled for reauthorization in the first Congress of the first sunset reauthorization cycle to be submitted as late as February 15 of the second session. This is to allow committees ample time to conduct reexamination of
programs which are scheduled for reauthorization in the 97th Congress.
It is not intended, however, that all reexaminations initiated during a Congress be completed during the same Congress. Reexaminations spanning more than one Congress could be provided for in the funding resolution for each session during which they were in progress.
Reexamination completion dates could be amended in subsequent funding resolutions, or by other simple resolution, in the event the committee finds it necessary and the Senate agrees.
Section 302(a) (2) specifies what is to be included in the report accompanying the funding resolution about the committee reexamination plan. For each program under study the report is to set forth a description of the components of the reexamination and indicate whether the study is to be conducted by the committee, or at the request and under the direction of the committee but under contract with one of the instrumentalities of the Legislative branch such as CEO, GAO, OTA, or CRS, or whether it is to be conducted by a non-governmental organization. A committee may also indicate that the study will be done by a combination of those alternatives.
Section 302(a) (3) provides an "enforcement mechanism" through a point of order against a funding resolution if, (A) the funding resolution does not contain the reexamination plan, and the information required by subsections (a) (1) and (a) (2), or (B) or if a report (required under subsection (c)) previously due to have been completed has not been completed and submitted for printing.
Inclusion of the reexamination plan in the funding resolution has the effect of providing Senate approval to the committee plan. Specifically, this makes the conduct of the study and its completion on a timely basis a Senate-sanctioned activity and requirement. Also, this affords the Senate the opportunity to amend a plan to require a committee to undertake reviews other than or in addition to the reviews proposed by the committee. Linking the reexamination plans to the funding resolutions also provides a means whereby the Senate can consider the resource requirements of the reviews together with the review efforts and make provision accordingly.
Section 302(a)(4) provides that floor amendments to reexamination plans must contain all three components as in the plans themselves. That is, they must specify the programs to be reviewed and the reasons for their selection, the completion dates, and the cost.
In addition, amendments could not require a reexamination of a program if it had been studied under this section during the last five years. Finally, an amendment would be out of order unless it had been submitted to the committee of jurisdiction and to the Rules Committee before January 20 or the beginning of the session, whichever is later. The notice must contain information on the three points required to be in the resolution (and the amendment) : (1) identification of the program and reasons for selection, (2) estimated cost, and (3) completion date. Also, the two points required to be in the committee's report must be included in the notice: (1) the nature of the review, and (2) by whom the review would be conducted. These two latter points are to be included only by way of conveying to the committee the nature of the review envisioned by the sponsor(s) of the amendment.
The purpose of this requirement is to allow the committee of jurisdiction and the Rules Committee to take into consideration the concerns of other Senators and either to incorporate them into the review plan or be able to explain when and how the concerns will be addressed. The January 20 alternative date is to provide newly elected Senators an opportunity to participate in this process in their first session.
Section 302(b) recognizes that the primary responsibility for the design and conduct of program reexamination rests with the committees having legislative jurisdiction over the programs and there is a need to provide them with adequate flexibility and resources to carry out that responsibility. Because of the many important interrelationships between programs under the jurisdiction of different committees and the other types of program review undertaken by committees, by agencies of government, and by such legislative support agencies as the General Accounting Office, the Congressional Research Service, the Congressional Budget Office, and the Office of Technology Assessment, this section constitutes a coordination directive to committees that they should make appropriate use of and engage in appropriate consultation with such sources of assistance in the conduct or planning of program reviews.
Section 302(c) requires each committee to compile the findings and recommendations which result from a program reevaluation under this title for printing as an official Senate document. The report could be in the form of an official committee recommendation or the findings and recommendations of the committee staff. The report shall be delivered to the Secretary of the Senate by the completion date set forth in the funding resolution of the committee conducting the reexamination.
Publication of the reports as Senate documents places them in an established distribution system that supplies about 2,000 copies to government agencies, depository libraries, and others. The section also provides for additional copies to be printed for the use of the committee.
Section 302(d) requires each report to set forth specific findings, recommendations and justifications with respect to the program under reexamination, to the extent which the committee deems appropriate, including—
(1) an identification of the objectives intended for the program and the problem it was intended to address;
(2) an identification of any other program having potentially conflicting or duplicative objectives;
(3) information on the number and type of beneficiaries served by the program;
(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 program; and
(6) information on the regulatory, privacy, and paperwork impacts of the program. Additionally, a committee may want to include one or more of the following points within the scope of a program reexamination, where applicable:
(1) an assessment of the costs and accomplishments of the program or group of programs since the last previous review compared with the results anticipated at the time of that review;
(2) an assessment to the extent practicable of the effect of the program or group of programs on the national economy, including, but limited to, the effects on competition, economic stability, employment, unemployment, productivity, and price inflation including costs to consumers and to businesses:
(3) an assessment, if applicable, of the impact of the program or group of programs of the Nation's health and safety;
(4) an assessment of the degree to which the overall administration of the program or group of programs, as expressed in the rules, regulations, orders, standards, criteria, and decisions of the department or agency executing the program or group of programs, meet the objectives of the Congress in establishing the program or groups of programs;
(5) a projection to the extent practicable of the anticipated costs to accomplish the objectives of the program or group of programs, including if applicable an assessment of the date on which, and the conditions under which, the program or group of programs may fulfill such objectives;
(6) the relation of other Government and private programs dealing with the objectives of the program or group of programs;
(7) results of studies of public perceptions of the need for or success of the program or group of programs or of activities of the type contained in the program or group of programs to provide a measure of public need; and
(8) an examination of the adequacy and appropriateness of the formulas used to allocate Federal funds under the program or group of programs.
Other evaluation components could also be included.
Section 302(e) provides that a report submitted pursuant to this title would satisfy the reauthorization review requirements of title I.
Section 303 requires each department and agency of the executive branch which administers a program selected for reexamination to undertake its own reexamination of that program and submit its findings, recommendations, and justifications with respect to the program to the Congress at least six months before the committee reexamination is scheduled for completion. The Office of Management and Budget is required to offer its comments on the reexaminations submitted by the departments and agencies.
Section 304 defines some of the terms which have particular relevance to this title, including:
(a) the term "funding resolution" which means with respect to each committee of the Senate, the first authorization resolution reported by such committee for a year under section 133(g) of the Legislative Reorganization Act of 1946, or any action taken in lieu of considering such funding restrictions, which in any event shall occur not later than May 15; and
(b) an amendment to a funding resolution shall include a resolution of the Senate which amends such funding resolution.
D.TITLE IV — CITIZENS' COMMISSION ON THE ORGANIZATION AND OPERATION OF GOVERNMENT
ESTABLISHMENT OF COMMISSION
Section 401 authorizes the establishment of the Citizens' Commission on the Organization and Operation of Government as an independent instrumentality of the United States.
The establishment of this Commission is not intended to delay other efforts to improve operations of the Federal Government, such as reorganization and regulatory reform proposals.
PURPOSES OF THE COMMISSION
Section 402 states that the policy of the Congress in establishing the Commission is the promotion of economic, efficient and improved service in the transaction of the public business in the departments, agencies, independent instrumentalities, and other authorities of the executive branch of the Government.
Section 403(a) directs the Commission to conduct a non-partisan study and investigation of the organization and methods of operation of all departments, agencies, independent instrumentalities, and other authorities of the executive branch of the Government, and to make such recommendations as it determines necessary to—
(1) increase the effectiveness of Government services, programs, functions, 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, activities, and functions which have outlived their intended purpose;
(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.
The Commission is to organize its study and its report and make its recommendations with respect to five major policy areas: (1) international affairs and defense, (2) resources and technology, (3) economic development, (4) human resources, and (5) general government.
Section 403(b) requires the Commission to submit such interim reports it deems advisable, and, not later than four years after the appointment and qualification of a majority of the Commission members, a final report to the President and to the Committee on Governmental Affairs of the Senate and the Committee on Government Operations of the House of Representatives.
Section 403(c) requires the Comptroller General to report one and two years after the submission of the Commission's final report on the status of actions taken pursuant to the report.
MEMBERSHIP OF THE COMMISSION
Section 404(a) provides for 15 members of the Commission to be appointed from among individuals with extensive experience in knowledge of American 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 and two upon recommendation of the minority leader of the House.
Section 404(b) provides that one of the members appointed by, but of a different political affiliation from the President, shall be appointed to serve as chairman, and a member appointed by the President and of the same political affiliation shall serve as vice chairman. Both shall be required to serve as full time officers of the Commission and are precluded from holding other positions.
Section 404(c) provides that of the remaining three members appointed by the President, no more than two shall be of the same political affiliation.
Section 404(d) provides that any vacancy in the Commission shall not affect its power but shall be filled in the same manner as the original appointment.
Section 404(e) requires 8 members of the Commission to constitute a quorum, but permits the Commission to establish a lesser number to constitute a quorum for holding hearings.
Section 405(a) authorizes the Commission, any subcommittee or member thereof, to 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, memoranda, papers, and documents as the Commission or such subcommittee or member may deem advisable for the purpose of carrying out the provisions of this title.
Section 405(b) (1) permits the Chairman, or any member of the Commission designated by him, to issue subpoenas and permits subpoenas to 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.
Section 405(b) (2) provides for the payment of per diem and mileage expenses to witnesses who are summoned to appear under this section and that such expenses will be paid from funds appropriated to the Commission.
Section 405(b) (3) makes it a Federal misdemeanor for a person to willfully neglect, or refuse to appear, or to qualify as a witness, or to testify or produce any evidence in violation of a lawful Commission subpoena and makes such offense punishable by a fine of not more than $500 or imprisonment of not longer than 6 months. This section further establishes venue over a willful violator of this section in the judicial district in which such person resides or is found and authorizes the United States Attorney for that district to prosecute for such offense.
Section 405(c) requires all departments, agencies, independent instrumentalities, and other authorities of the executive branch to cooperate with the Commission and furnish any information it requests to the extent that it is in accordance with existing law.
ADMINISTRATIVE PROVISIONS
Section 406(a) gives the Commission the power to appoint and pay an Executive Director and the additional staff it needs in accordance with the limitations of the requirements of the Civil Service Commission laws and regulations relating to classifications and pay rates. However, the Executive Director may be paid no more than the rate for a Level V on the Executive Schedule which is $47,500, and not more than three other personnel at rates no higher than that for a GS-18 of the General Schedule, which is $47,500. The Commission may also hire experts and consultants at a daily rate not to exceed that for a GS-18 on the General Schedule.
Section 406(b) authorizes the Commission to obtain financial and administrative services by entering into agreements with the General Services Administration. Payment for these services will be by reimbursement from Commission funds in such amounts as the Chairman and the Administrator of GSA shall agree.
COMPENSATION OF MEMBERS
Section 407 provides for the chairman of the Commission to be paid at a rate for Level III of the Executive Schedule which is $52,500, and the Vice Chairman at a Level IV which is $50,000. All other members of the Commission who are not officers or employees of the Federal government shall be paid $200 for each day the member is performing commission duties. This section also provides for members to be reimbursed for travel, subsistence and other necessary expenses incurred in connection with their activities as members of the Commission.
Section 408 provides for the Commission to cease to exist ninety days after submitting its final report.
AUTHORIZATION OF APPROPRIATIONS
Section 409 authorizes to be appropriated without fiscal year limitations $4,000,000 to carry out the provisions of this title.
APPLICATION OF OTHER LAWS
Section 410 provides that the Commission shall be subject to the Federal Advisory Committee Act.
E. TITLE V — MISCELLANEOUS
Section 501 amends section 206 of the Budget and Accounting Act, 1921 (31 U.S.C. 15), 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 the Budget and Accounting Act, 1921, for the fiscal year".
This section assures that committees of the Congress may request and obtain from the agencies of the government estimates or requests for appropriations or requests for increases in an item of any such estimate or request, and recommendations as to how the revenue needs of the government should be met.
Without this amendment, section 206 is subject to the interpretation that this budget information may be requested by only the Senate or House of Representatives. This section makes it clear that any committee of either House may request and receive agency budget requests submitted to the Office of Management and Budget as well as the internal budget requests submitted to an agency head by individual bureaus or divisions at any time after the President submits his annual budget to the Congress. The Office of Management and Budget has stated that this amendment also will permit committees to obtain zero base budget information prepared by agencies.
Section 502 makes it clear that this legislation is neutral on the question of public disclosure of information affected by this Act. Nothing in the Act requires 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. In addition, nothing in the Act would require the disclosure of matters specifically protected by law. It is intended that these exemptions be interpreted in the same manner as exemptions one and three of the Freedom of Information Act (5 U.S.C. 552(b) (1) and (3) ). Nor does it require a committee to disclose publicly information, the disclosure of which is governed in the Senate by S. Res. 400, which established the Senate Intelligence Commit-tee in the 94th Congress, or by any other rule of the Senate or House of Representatives.
Section 503(a) is a statement of the provisions of this Act which are adopted as an exercise of the rulemaking power of the Senate and the House of Representatives and are to be considered part of the rules of the Senate or House, respectively. They are the provisions of this section of this Act and sections 101 (a), 101 (b) , 101(c) (1) , 101(c) (2) ,101(c) (5), 102, 103(b), 104(a), 104(c), 104 (d), 104(e), 104(f), 104(g), title III (except section 303), section 505, and section 506.
Section 503(b) provides that any rule established by this Act may be waived in the Senate by majority vote or unanimous consent. It is intended that this provision would be used only to deal with circumstances which could not be anticipated at the time of adoption of this Act, and that in no instance should it be used to routinely avoid the Act's requirements.
Section 504(a) directs the agency which administers a program under review pursuant to this Act and any other agency, when requested, to assist the committee in the review or evaluation of a program by providing to each committee of the Senate and House of Representatives which has legislative jurisdiction over such program, such information, analyses, reports, and assistance as the committee may request.
Section 504(b) directs the head of an agency which administers a program or the head of any other agency, upon the request of a committee of the Senate or House of Representatives, to conduct a review of the regulations the committee has specifically identified and which are currently promulgated and in use by that agency, and submit his report to the Senate or House of Representatives, as the case may be. That report should set forth the regulations that the agency intends to retain, eliminate, or modify if the program is reauthorized, and state the basis for the agency's decision.
Section 504(c) requires the Comptroller General to furnish a list of prior audits and reviews of any program scheduled for reauthorization in a particular Congress under section 101(b), on or before October 1 of the year before that Congress, to each committee of the Senate and the House of Representatives which has legislative jurisdiction over the program. The list is to set forth audits and reviews completed during the six years preceding the review year for the program.
Section 504(d) directs 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 to furnish each committee of the Senate and House of Representatives such information, analyses, and reports that the committee may request to assist it in conducting reviews or evaluations of programs. Such assistance shall be provided consistent with the discharge of duties and functions imposed by law on them or the respective offices or service.
Section 505(a) provides the definition and text of a "required authorization waiver resolution" and the procedures for the consideration of such resolution in the Congress. The waiver resolution is designed to assure that the Congress will have an opportunity to vote to continue a program for one year at a current level of services if the reauthorization for the program is threatened by filibuster in the Senate or a veto.
It would do this by suspending, under a waiver resolution adopted in each House, the requirement that a required authorization must be enacted before it is in order to consider an appropriation for the program. The resolution would waive the point of order only to the extent of making it in order to consider an appropriation to maintain a current level of services for one year for the particular program.
The level of current services would be determined from the most recent report submitted to the Congress pursuant to section 605 of the Congressional Budget Act of1974 as certified by the Director of the Congressional Budget Office. The CBO could recommend in what way the current services level at the time the resolution is under consideration has changed from the estimate submitted pursuant to section 605.
Section 505(b) sets out the conditions under which it would be in order to consider a required authorization waiver resolution. It must be introduced by the chairman of the Senate or House committee which has legislative jurisdiction over the particular pro-gram not later than five days after either of the following occurs:
(1) An authorization bill for the program has been under consideration for not less than 15 hours (which shall include debate on the motion to consider the authorization bill) and no agreement has been reached to set a time limit on the debate; or
(2) A Presidential veto of an authorization bill for the particular program has been sustained.
Section 505(c) requires that the waiver resolution be referred to the appropriate committee of the Senate or House, as the case may be, except that a resolution introduced or received, or pending in Committee after September 1 of the second session would be placed immediately on the appropriate calendar of the Senate or House to assure consideration without delay.
Section 505(d) applies the provisions of section 912 of title 5, United States Code, relating to the consideration of resolutions of disapproval of reorganization plans, to the consideration of required authorization waiver resolutions, amendments, and motions and appeals with respect thereto.
This would assure that debate on a waiver resolution and on debatable motions and appeals in connection therewith, would be limited to not more than 10 hours with the time equally divided between those who favor and those who oppose the resolution. The procedures relating to consideration of the resolution would be as follows:
When the committee has reported, or has been deemed to be discharged (after September 1 of the second session of a Congress) from further consideration of, a required authorization waiver resolution, it is at any time thereafter in order (even though a previous motion to the same effect has been disagreed to) for any Member of the respective House to move to proceed to the consideration of the resolution. The motion is highly privileged and is not debatable. The motion shall not be subject to amendment, or to a motion to postpone, or a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of resolution is agreed to, the resolution shall remain the unfinished business of the respective House until disposed of.
Debate on the resolution, and on all debatable motions and appeals in connection therewith, shall be limited to not more than ten hours, which shall be divided equally between individuals favoring and individuals opposing the resolution. A motion further to limit debate is in order and not debatable. An amendment to, or a motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the resolution is not in order. A motion to reconsider the vote by which the resolution is agreed to or disagreed to shall not be in order.
Immediately following the conclusion of the debate on the resolution, and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the appropriate House, the vote on final approval of the resolution shall occur.
Appeals from the decisions of the Chair relating to the application of the rules of the Senate or the House of Representatives, as the case may be to the procedure relating to a resolution plan shall be decided without debate.
The required authorization waiver resolution has a special purpose for this legislation. It is designed to assure that either House will have an opportunity to vote to waive the Act's reauthorization requirement for the purpose of considering a one-year current services appropriation if the authorization is being filibustered, or if a presidential veto of the reauthorization has been sustained in either House. Since the Act establishes strict requirements for the adoption of a required authorization for a program before it is in order to consider an appropriation to fund it, it was felt that the Congress should be assured of an opportunity to vote on a limited waiver of that required authorization under certain prescribed circumstances.
Section 506 requires 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 to review the operation of this act every five years, with the first report due December 31, 1986. The reviews may be conducted jointly. The bill links two major subjects, (1) the efficiency and effectiveness of Government programs, and (2) the effective operation of the Senate and the House of Representatives and their committees. It is expected that in their reviews of the operation of this act the Senate Committee on Governmental Affairs and the House Committee on Government Operations would focus on the first major subject and that the Senate Committee on Rules and Administration and the House Committee on Rules would focus on the latter.
Section 507 contains a "such sums"authorization for appropriations through fiscal year 1990 for the review, evaluation and inventory requirements. Title IV has a separate $4 million authorization for the Citizens' Commission.
Mr. ROTH. Mr. President, there are few more pressing needs facing this Congress than to strengthen the control we exercise over spending for Federal programs. The American public deserves and will be satisfied with nothing less than careful scrutiny over every Federal program expenditure. I am convinced that we must adopt procedures to assure that the operations of the Federal Government be periodically reviewed and measured against tough standards of performance. The taxpaying citizens of this Nation are demanding stronger controls over our vast national budget and expanding national debt and I believe that the carefully crafted processes we have set forth in S. 2 will help us to exercise such control.
More than 2 years ago, I authored a proposal with Senator MUSKIE to confront the need for tighter control over our national budget. Our bill — S. 2925 — became known as the sunset bill because, under the procedures in the legislation, the "sun" would set on outmoded, inefficient, or poorly functioning Government programs. The authorizations for nearly every Government program would automatically terminate after 10 years unless a convincing case was made that the program was satisfying its objectives at reasonable cost. No longer would some Government programs be continued with a wink of the eye and a pat on the head from the gentle congressional father.
Last year, we reintroduced our proposal as S. 2. We have spent a considerable amount of time refining and improving the procedures in the sunset bill. Today, I am pleased to join with Senator MUSKIE in offering this substituting amendment to S. 2. After months of hard work I believe this bill represents a sound, constructive, and well-balanced approach in providing for the systematic review of most Federal programs. We in the Congress must adopt such an approach if we are ever to gain control over our Federal budget and I hope our colleagues will join with us in supporting this important legislation.
Mr. CHILES. Mr. President, I welcome the opportunity to once again, join with Senator MUSKIE and others as a cosponsor of "Sunset" legislation. I wish to applaud Senator MUSKIE's long and hard effort to write legislation that all Members of this distinguished body can support.
I feel very strongly that the Senate should vote and pass S. 2 this session. The entire Congress should commit itself to "Sunset" procedures and reform that way it conducts the peoples' business. A workable way to force reauthorization and reevaluation of Federal programs is a step the citizens of this country understand and want — the sooner, the better.
The November elections are less than 2 months away.
Clearly, what to do about inflation is a major issue. Let us not forget how cruel inflation can be to the elderly on fixed incomes or to young couples struggling to save a nest egg.
Uncontrolled deficit spending by the Federal Government contributes to inflation substantially. This sunset measure is a long-term means to get a "handle," to better control the way Federal programs proliferate and Federal spending grows exponentially. S. 2 does not represent a quick fix. Rather, it establishes a procedure that provides the Congress an opportunity to persuade the people of this country that Federal spending and the seeming irrationality of Government bureaucracy can be controlled.
I do not need to remind this body of public opinion poll findings on the level of citizen confidence in Congress. There is work to be done and S. 2 provides a way to do it.
No other single measure that I know offers the same potential for regulatory reform or for paperwork and red tape reduction as this sunset legislation.
The Paperwork Commission estimated conservatively that Federal paperwork requirements showered on individuals, businesses, and State and local governments cost over $100 billion annually. We need to get at the basic processes that establish programs if we are to cut this figure. Every 1 percent reduction of this $100 billion cost represents a billion dollars. Again, the sunset procedure gives us a way, program by program.
Voters are also concerned about fraud and abuse in Government programs. Americans want a dollar's worth of services for a dollar's worth of taxes.
We are not getting our money's worth.
My subcommittee on Federal spending practices is presently looking at operations of the General Services Administration. In public hearings we have heard of false claims, false statements, and false payments — one ripoff after another.
But it is not just the General Services Administration. Yesterday the Comptroller General testified and told us the results of a self-initiated study GAO performed on fraud government wide.
The Government's $250 billion annually in economic assistance programs are vulnerable targets of fraud and white-collar crime. Everywhere the Government actively looks for fraud it can find it. The Justice Department estimates that 1 to 10 percent of that $250 billion — that could amount to $25 billion — goes up in smoke every year.
That is intolerable. The public should take a Proposition 13 approach if steps are not taken to correct this susceptibility.
Among the causes for Government's vulnerability cited by the Comptroller were basic flaws in authorizing legislation and the inability of Congress to approach the oversight of Federal programs in a methodical fashion.
I agree with those two conclusions. Again, as the Comptroller mentioned in his testimony, sunset legislation provides the Congress a means to attack this problem of fraud, abuse, and waste.
The case for S. 2 is overwhelming. During my first term I spent considerable time trying to persuade this body we should adopt "Sunshine" measures to open Government to public view. I believe the public is better off for what was done. I believe just as strongly that where the Sun "shines" it should also "set."
Mr. WILLIAMS. Mr. President, I wish to take special note of the importance of the introduction of a revised S. 2, the Sunset Act of 1978, and to express my support and my hopes for the success of this historic legislation.
The measure which I join in introducing today is an innovation in legislative thinking and procedure. It would mark the first time that the Congress of the United States has established a continuing, comprehensive, and incisive method of reviewing its past enactments with a view toward policy needs of the future across all dimensions of Government. It symbolizes a mandate that the decisions we make in reauthorizing programs be accompanied by the best possible evidence of impact of Federal policies and programs. It stands as a commitment that the Congress will guarantee constant review of Government efforts on behalf of the citizens of this Nation. It stipulates that the taxpayers' investment in their Federal Government is entitled to periodic assessment. It provides a means for citizen review of Government effectiveness.
During consideration of earlier versions of sunset legislation, I expressed concern that a single and inflexible approach to program review would hinder, rather than aid, our efforts to improve the quality and responsiveness of Government. I repeatedly expressed the necessity to maintain the integrity of our policies and programs that guarantee, implement, and enforce the constitutional rights granted our citizens. I urged that full consideration be given to strengthening the ability of congressional committees to undertake their legislative and oversight responsibilities. I opposed those elements of sunset legislation which I viewed as deficient in their treatment of these crucial issues.
The substitute measure introduced today largely remedies and improves earlier bills to reauthorize and comprehensively review Government programs, an objective which I constantly have favored. It sets a direction and pattern which could well enhance the efficiency of the Congress while improving our ability to assure the effectiveness of Government programs and agencies. It challenges the utilization of best evaluation of Federal programs and promotes the accountability of Federal agencies.
The challenge to the authorizing committees of the Congress is plain in this measure. We are directed to become active initiators of incisive and far-reaching program evaluation and oversight. We must acquire and utilize a new group of program review techniques and staff. We must have at our disposal the human and technical resources with which to implement systematic policy analysis and program oversight in order to master the challenge.
As the chairman of a committee of the Senate, I welcome the challenge. I am prepared to implement the provisions of this measure.
When the Committee on Human Resources in late 1977 conducted the first congressional hearings on the cost, management, and utilization of program evaluation, we established a foundation for such implementation. We became aware of both the strengths and limitations of evaluative research in legislative work. We were sobered by the extent of the financial investment required to produce useful policy analysis and program evaluation.
It will come as no surprise to the Senate that additional funds will be required to carry out the provisions of S. 2. These funds must defray the cost of the increased committee and Senate workloads mandated by sunset activities. But the investment will prove small in comparison to the massive expenditures of Federal Government programs, and they will be absolutely essential to effective execution of our promise to the American people that more manageable, more responsible Government will result from the Sunset Act. Our success is essential to restoring the confidence of Americans in their Government.
Mr. President, my distinguished colleague, Senator EDMUND S. MUSKIE, of Maine. has been the driving force and the creative spark of the Sunset Act. His commitment to effective and realistic Government expenditures has earned for him nationwide recognition and respect. That commitment is repeated in the provisions of this legislation. I wish to take this opportunity to commend Senator MUSKIE and express my own satisfaction in collaborating with him in its design. I look forward to future collaboration when the Congress has adopted this important measure and we are ready to put its provisions to work in the interest of the men and women of this Nation who look to the Congress for Government's assistance in improving the quality of all aspects of our lives.