October 6, 1978
Page 34354
AMENDMENT NO. 3849
Mr. MUSKIE. Mr. President, I call up my amendment No. 3849, and ask that it be reported.
The PRESIDING OFFICER. The amendment will be stated.
The second assistant legislative clerk read as follows:
The Senator from Maine (Mr. MUSKIE) proposes an amendment numbered 3849.
Mr. MUSKIE. Mr. President, I ask unanimous consent that further reading of the amendment be dispensed with.
Mr. CURTIS. Mr. President, reserving the right to object, is the amendment printed?
Mr. MUSKIE. Yes, the amendment is printed.
The PRESIDING OFFICER. The amendment is printed, but it has not arrived.
Mr. CURTIS. Mr. President, I object.
The PRESIDING OFFICER. Objection is heard.
Mr. BUMPERS. Mr. President, I do not want to intervene, but if the Senator from Maine is withdrawing his amendment—
AMENDMENT NO. 3678 (AS MODIFIED)
(Purpose: To add an additional title)
Mr. MUSKIE. Mr. President, I ask that my amendment No. 3678 be called up. It is identical to the other one. This one was offered to the Import-Export Bank Act legislation. I simply modified the opening lines to conform to this measure. It has been available for several days, so I call up that one.
The PRESIDING OFFICER. The amendment will be stated.
The legislative clerk read as follows:
The Senator from Maine (Mr. MUSKIE) on behalf of himself, Mr. ROTH and Mr. GLENN, proposes an amendment numbered 3678, as modified.
Mr. MUSKIE. Mr. President, I ask unanimous consent that further reading of the amendment be dispensed with.
Mr. CURTIS. I object.
The PRESIDING OFFICER. Objection is heard. The clerk will read the amendment.
CLOTURE MOTION
Mr. ROBERT C. BYRD. Mr. President, I send to the desk a cloture motion.
The PRESIDING OFFICER. The Senator has that right.
A cloture motion having been presented under rule XXII, the Chair, without objection, directs the clerk to read the motion.
The legislative clerk read as follows:
CLOTURE MOTION
We, the undersigned Senators, in accordance with the provisions of Rule XXII of the Standing Rules of the Senate, hereby move to bring to a close debate on H.R. 13511, a bill to amend the Internal Revenue Code of 1954 to reduce income taxes, and for other purposes.
Robert C. Byrd, Gaylord Nelson, Muriel Humphrey, Harrison A. Williams, Jr., Spark M. Matsunaga, Donald W. Riegle, Jr., Alan Cranston, Russell B. Long, Abraham Ribicoff, Robert Dole, Howard H. Baker, Jr., Jacob K. Javits, Clifford P. Hansen, Howard M. Metzenbaum, Barry Goldwater, Carl T. Curtis, James B. Pearson, Lowell P. Weicker, Jr., Richard S. Schweiker, and Paul Laxalt.
The PRESIDING OFFICER. The clerk will resume the reading of the amendment.
The legislative clerk read as follows:
"TITLE VII— SUNSET ACT OF 1978
"PART A— GENERAL PROVISIONS
"SEC. 701. This title may be cited as the 'Sunset Act of 1978'.
"SEC. 702. The purposes of this title are—
"(1) to require that most Government programs be reauthorized according to a schedule at least once every ten years;
"(2) to limit the length of time for which Government programs can be authorized to ten years;
"(3) to bar the expenditure of funds for Government programs which have not been provided for by a law enacted during the ten-year sunset reauthorization cycle; and
"(4) to encourage the reexamination of selected Government programs each Congress.
"SEC. 703. (a) For purposes of this title:
"(1) The term 'budget authority' has the meaning given to it by section 3(2) of the Congressional Budget Act of 1974.
"(2) The term 'permanent budget authority' means budget authority provided for an indefinite period of time or an unspecified number of fiscal years which does not 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 Rate Commission but does not include the General Accounting Office.
"(5) The term 'sunset reauthorization cycle' means the period of five Congresses beginning with the Ninety-seventh Congress and with each sixth Congress following the Ninety-seventh Congress.
"(b) For purposes of this title, each program (including any program exempted by provisions of law from inclusion in the Budget of the United States) shall be assigned to the functional and sub-functional 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 sub-functional category to which such program is to be assigned.
"(c) For purposes of parts B, C, D, and F of this title, the reauthorization date applicable to a program is the date specified for such program under section 711(b).
"PART B— REAUTHORIZATIONS OF GOVERNMENT PROGRAMS
"SEC. 711. (a) Each Government program (except those listed in section 713) shall be reauthorized at least once during each sunset reauthorization cycle during the Congress in which the reauthorization date applicable to such program (pursuant to sub-section (b)) occurs.
"(b) The first reauthorization date applicable to a Government program is the date specified in the following table, and each subsequent reauthorization date applicable to a program is the date ten years following the preceding reauthorization date:
Programs included within subfunctional category and first reauthorization date:
254 Space, Science, Applications and Technology.
272 Energy Conservation.
301 Water Resources.
352 Agriculture and Research Services.
371 Mortgage Credit and Thrift Insurance.
376 Other Advancement and Regulation of Commerce.
501 Elementary, Secondary, and Vocational Education.
601 General Retirement and Disability Insurance.
602 Federal Employment Retirement and Disability.
703 Hospital and Medical Care for Veterans.
806 Other General Government.
851 General Revenue Sharing, September 30, 1982.
051 Department of Defense — Military.
053 Atomic Energy Defense Activities.
154 Foreign Information and Exchange Act.
251 General Science and Basic Research.
306 Other Natural Resources.
351 Farm Income Stabilization.
401 Ground Transportation.
502 Higher Education.
553 Education and Training of Health Care Work Force.
701 Income Security for Veterans.
752 Federal Litigative and Judicial Activities.
802 Executive Director and Management.
Programs included within sub-functional category and first reauthorization date.
803 Central Fiscal Operations, September 30, 1984.
054 Defense Related Activities.
152 Military Assistance.
155 International Financial Programs.
253 Space Flight.
255 Supporting Space Activities.
274 Emergency Energy Preparedness.
302 Conservation and Land Management.
304 Pollution Control and Abatement.
407 Other Transportation.
504 Training and Employment.
506 Social Services.
554 Consumer and Occupational Health and Safety.
704 Veterans Housing.
751 Federal Law Enforcement Activities.
801 Legislative Functions.
852 Other General Purpose Fiscal Assistance, September 30, 1986.
153 Conduct of Foreign Affairs.
271 Energy Supply.
303 Recreational Resources.
402 Air Transportation.
505 Other Labor Services.
551 Health Care Services.
604 Public Assistance and Other Income Supplements.
702 Veterans Education, Training, and Rehabilitation.
753 Federal Correctional Activities.
805 Central Personnel Management.
902 Other Interest, September 30, 1988.
151 Foreign Economic and Financial Assistance.
276 Energy Information, Policy, and Regulation.
372 Postal Service.
403 Water Transportation.
451 Community Development.
452 Area and Regional Development.
453 Disaster Relief and Insurance.
503 Research and General Education Aids.
552 Health Research.
603 Unemployment compensation.
705 Other Veterans Benefits and Services.
754 Criminal Justice Assistance.
804 General Property and Record Management.
901 Interest on the Public Debt, September 30, 1990.
"(c) (1) It shall not be in order in either the Senate or the House of Representatives to consider any bill or resolution, or amendment thereto, which authorizes the enactment of new budget authority for a program for a period of more than ten fiscal years, for an indefinite period, or (except during the Congress in which such next reauthorization date occurs) for any fiscal year beginning after the next reauthorization date applicable to such program. Notwithstanding the preceding sentence, it shall be in order to consider a bill or resolution for the purpose of considering an amendment to the bill or resolution which would make the authorization period conform to the requirement of such sentence.
"(2) (A) It shall not be in order in either the Senate or the House of Representatives to consider any bill or resolution, or amendment thereto, which provides new budget authority for a program for any fiscal year beginning after the first (or any subsequent) reauthorization date applicable to such 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. 712. (a) It shall not be in order in either the Senate or the House of Representatives to consider any bill or resolution, or amendment thereto, which has been reported by a committee and which authorizes the enactment of new budget authority for a program for a fiscal year beginning after the next reauthorization date applicable to such program, unless a reauthorization review (to the extent the committee or committees having jurisdiction deem appropriate) of such program has been completed during the Congress in which the reauthorization date for such program occurs (or during a subsequent Congress when such required authorization is considered), and the report accompanying such bill or resolution includes a separate section entitled 'Reauthorization Review' recommending, based on such review, whether the program or the laws affecting such program should be continued without change, continued with modifications, or terminated, and also includes, to the extent the committee or committees having jurisdiction deem appropriate, each of the following matters:
"(1) Information and analysis on the organization, operation, costs, results, accomplishments, and effectiveness of the program.
"(2) An identification of any other programs having similar objectives, and a justification of the need for the proposed program in comparison with those other programs which may be potentially conflicting or duplicative.
"(3) An identification of the objectives intended for the program, and the problems or needs which the program is intended to address, including an analysis of the performance expected to be achieved, based on the bill or resolution as reported.
"(4) A comparison of the amount of new budget authority which was authorized for the program in each of the previous four fiscal years and the amount of new budget authority provided in each such year.
"(b) It shall not be in order in either the Senate or the House of Representatives to consider a bill or resolution, or amendment thereto, which authorizes the enactment of new budget authority for a program for which there previously has been no such authorization unless the report accompanying such bill or resolution sets forth, to the extent that the committee or committees having jurisdiction deem appropriate, the information specified in subsection (a) (2) and (3).
"(c) Each committee having legislative jurisdiction over a program included in section 713 shall conduct a review of such program of the type described in subsection (a) at least once during each sunset 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 711(b), whichever first occurs.
"SEC. 713. (a) Section 711(c) shall not apply to the following:
"(1) Programs included within functional category 900 (Interest).
"(2) Any Federal programs or activities to enforce civil rights guaranteed by the Constitution of the United States or to enforce 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) The following social security and Federal employee retirement programs:
"(A) Programs funded through trust funds which are included with 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 In-active Fleet Reserve; and payments under section 4 of Public Law 92-425 and chap-ter 73 of title 10, United States Code (survivor's benefits), classified in the fiscal year 1979 budget in 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) or in sub-functional category 306 (Other natural resources).
"(D) Retired pay of military personnel of the Coast Guard and Coast Guard Reserve, members of the former Lighthouse Service, and for annuities payable to beneficiaries of retired military personnel under the 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 year 1979 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 the fiscal year 1979 budget in various sub-functional categories.
"(I) Administration of the retirement and disability programs set forth in this section.
"(b) If a question is raised in the Senate with respect to the application of any paragraph of subsection (a) to any bill, resolution, or amendment, or to any provision of law, the Presiding Officer shall submit the question to the Senate for decision.
"SEC. 714. (a) It is the sense of the Congress that all programs should be considered and reauthorized in program categories which constitute major areas of legislative policy. Such authorizations should be for sufficient periods of time to enhance oversight and the review and evaluation of Government programs.
"(b) The reauthorization schedule contained in section 711(b) may be changed by concurrent resolution of the two Houses of the Congress (except that changes in the schedule affecting permanent appropriations may be made only by law).
"(c) All messages, petitions, memorials, concurrent resolutions, and bills proposing changes in section 711(b) and all bills proposing changes in section 713(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 title to make more effective comparisons between programs having like objective.
"(f) Any concurrent resolution or bill proposing a change in section 711(b) or 713(a) which has been reported by a committee before June 1, 1980, shall be referred in the House to the Committee on Rules and in the Senate to the Committee on Rules and Administration. Such committee shall report an omnibus concurrent resolution or bill containing its recommendations regarding the proposed changes by July 1, 1980, and consideration of such bill or resolution shall be highly privileged in the House of Representatives and privileged in the Senate. The provisions of subsections (c) and (d) of section 1017 of the Impoundment Control Act of 1974, insofar as they relate to consideration of rescission bills, shall apply to the consideration of concurrent resolutions and bills proposing changes reported pursuant to this subsection, amendments thereto, motions and appeals with respect thereto, and conference reports thereon.
"(g) It shall not be in order in the Senate or the House of Representatives to consider a bill or resolution reported pursuant to sub-section (b), (c), (d), or (f) which proposes a reauthorization date for a program beyond the final reauthorization date of the sunset reauthorization cycle then in progress. 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.
"PART C — PROGRAM INVENTORY
"SEC. 721. (a) The Comptroller General and the Director of the Congressional Budget Office, in cooperation with the Director of the Congressional Research Service, shall prepare an inventory of Federal programs (hereafter in this part referred to as the 'program inventory').
"(b) The purpose of the program inventory is to advise and assist the Congress in carrying out the requirements of parts B and D. Such inventory shall not in any way bind the committees of the Senate or the House of Representatives with respect to their responsibilities under such parts and shall not infringe on the legislative and 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 reexamination requirements of this title. 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(1) of the Budget and Accounting Act, 1921.
"(e) The program inventory shall set forth for each program each of the following matters:
"(1) The specific provision(s) of law authorizing the program.
"(2) The Committees of the Senate and the House of Representatives which have legislative or oversight jurisdiction over the program.
"(3) A brief statement of the purpose or purposes to be achieved by the program.
"(4) The committees which have jurisdiction over legislation providing new budget authority for the program, including the appropriate subcommittees of the Committees on Appropriations of the Senate and the House of Representatives.
"(5) The agency and, if applicable, the subdivision thereof responsible for administering the program.
"(6) The grants-in-aid, if any, provided by such program to State and local governments.
"(7) The next reauthorization date for the program.
"(8) A unique identification number which links the program and functional category structure.
"(9) The year in which the program was originally established and, where applicable, the year in which the program expires.
"(10) Where applicable, the year in which new budget authority for the program was last authorized and the year in which current authorizations of new budget authority expire.
"(f) The inventory shall contain a separate tabular listing of programs which are not required to be reauthorized pursuant to section 711(c).
(g) The report also shall set forth for each program whether the new budget authority provided for such programs is—
"(1) authorized for a definite period of time;
"(2) authorized in a specific dollar amount but without limit of time;
"(3) authorized without limit of time or dollar amounts;
"(4) not specifically authorized; or
"(5) permanently provided as determined by the Director of the Congressional Budget Office.
"(h) For each program or group of 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. 722. The General Accounting Office, the Congressional Research Service, and the Congressional Budget Office shall permit the mutual exchange of available information in their possession which would aid in the compilation f the program inventory.
"SEC. 723. The Office of Management and Budget, and the executive agencies and the subdivisions thereof shall, to the extent necessary and possible, provide the General Accounting Office with assistance requested by the Comptroller General in the compilation of the program inventory.
"SEC. 724. Each committee of the Senate and the House of Representatives, the Congressional Budget Office, and the Congressional Research Service shall review the program inventory as submitted under section 721 and not later than October 1, 1979, each shall advise the Comptroller General of any revisions in the composition or identification of programs and groups of programs which it recommends. After full consideration of the reports of all such committees and officials, the Comptroller General in consultation with the committees of the Senate and the House of Representatives shall report, not later than December 31, 1979, a revised program inventory to the Senate and the House of Representatives.
"SEC. 725. (a) The Comptroller General, after the close of each session of the Congress, shall revise the program inventory and report the revisions to the Senate and the House of Representatives.
"(b) After the close of each session of the Congress, the Director of the Congressional Budget Office shall prepare a report, for inclusion in the revised inventory, with respect to each program included in the 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. 726. The Comptroller General and the Director of the Congressional Budget Office shall include in their respective reports to the Congress pursuant to sections 202(f) and 702(e) of the Congressional Budget Act of 1974 an assessment of the adequacy of the functional and sub-functional categories contained in section 211(b) for grouping programs of like missions or objectives.
"SEC. 727. (a) The Director of the Congressional Budget Office shall tabulate and issue an annual report on the progress of congressional action on bills and resolutions reported by a committee of either House or passed by either House which authorize the enactment of new budget authority for programs.
"(b) The report shall include an up-to-date tabulation for the fiscal year beginning October 1 and the succeeding four fiscal years of the amounts of budget authority (1) authorized by law or proposed to be authorized in any bill or resolution reported by any committee of the Senate or the House of Representatives, or (2) if budget authority is not authorized or proposed to be authorized for any of the five fiscal years, the amounts necessary to maintain a current level of services for programs in the inventory.
"(c) The Director of the Congressional Budget Office shall issue periodic reports on the programs and the provisions of laws which are scheduled for reauthorization in each Congress pursuant to the reauthorization schedule in section 711(b). In these reports, the Director shall identify each provision of law which authorizes the enactment of new budget authority for programs scheduled for reauthorization and the title of the appropriation bill, or part thereof, which would provide new budget authority pursuant to each authorization.
"PART D— PROGRAM REEXAMINATION
"SEC. 731. (a) Each committee of the Senate and the House of Representatives periodically shall provide through the procedures established in section 732, for the conduct of a comprehensive reexamination of selected programs or groups of programs over which it has jurisdiction.
"(b) In selecting programs and groups of programs for reexamination, each committee shall consider each of the following matters:
"(1) The extent to which substantial time has passed since the program or group of 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. 232. (a) (1) The funding resolution first reported by each committee of the Senate in 1980, and thereafter for the first session of each Congress, shall include a section setting forth the committee's plan for reexamination of programs under this part. Such plan shall include each of the following matters:
"(A) The programs to be reexamined and the reasons for their selection.
"(B) The scheduled completion date for each program reexamination: Provided, That such date shall not be later than the end of the Congress preceding the Congress in which the reauthorization date applicable to a program occurs as provided in section 711(b), unless the committee explains in a statement in the report accompanying its proposed funding resolution the reasons for a later completion date, except that reports on programs scheduled for reauthorization during the 97th Congress and selected for reexamination in a committee's plan adopted in 1980 may be submitted at any time until February 15, 1982.
"(C) The estimated cost for each reexamination.
"(2) The report accompanying the funding resolution reported by each committee in 1980 and thereafter for the first session of each Congress, shall with respect to each 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 more programs to be reexamined, shall include the information described in paragraphs (1) and (2) with respect to each such program. This subparagraph shall not apply to amendments 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 part. Each such report shall be delivered to the Secretary of the Senate not later than the date specified in the resolution and printed as a Senate document. To the extent permitted by law or regulation, such number of additional copies as the committee may order shall be printed for the use of the committee. If two or more committees have legislative jurisdiction over the same 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 part B.
"SEC. 733. Each department or agency of the executive branch which is responsible for the administration of a program selected for reexamination pursuant to this part, shall, not later than six months before the completion date specified for reexamination reports pursuant to section 732 (a) (1) (B), submit to the Office of Management and Budget and to the appropriate committees) of the Senate and the House of Representatives a report of its findings, recommendations, and justifications with respect to each of the matters set forth in section 732(d), and the Office of Management and Budget shall submit to such committee (s) such comments as it deems appropriate.
"SEC. 734. For the purposes of this part:
"(1) The term 'funding resolution' means, with respect to each committee of the 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.
"PART E — CITIZENS' COMMISSION ON THE ORGANIZATION AND OPERATION OF GOVERNMENT
"SEC. 741. There is authorized to be established, as an independent instrumentality of the United States, the Citizens' Commission on the Organization and Operation of Government (hereinafter in this part referred to as the 'Commission').
"SEC. 742. It is hereby declared to be the policy of the Congress to promote economy, efficiency, and improved service in the transaction of the public business in the departments, agencies, independent instrumentalities, and other authorities of the executive branch of the Government.
"SEC. 743. (a) The Commission shall 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 services, programs, activities, and functions, and termination of such services, programs, and activities which have outlived their intended purposes;
"(3) maintain expenditures at levels consistent with the efficient performance of essential services, programs, activities, and functiops;
"(4) simplify and eliminate overlaps in agency regulatory functions by review of the laws, regulations, and administrative reports and procedures; and
"(5) determine the appropriate responsibilities of each level of government, the manner and alternative means for each level of government to finance such responsibilities, the forms and extent of intergovernmental aid and assistance, and the organization required for proper balance and division of respective Federal, State, and local government roles, responsibilities, and authorities.
"(b) The Commission shall submit to the President, the Committee on Governmental Affairs of the Senate, and the Committee on Government Operations of the House of Representatives such interim reports as it deems advisable, and, not later than four years after the appointment and qualification of a majority of the Commission Members, a final report setting forth the Commission's findings and recommendations. The final report of the Commission shall include the comments of the appropriate congressional committees.
"(c) At least once every year for two years after the submission of the final report, the Comptroller General shall report to the Congress on the status of actions taken on the Commission's final report.
"SEC. 744. (a) The Commission shall be composed of fifteen members appointed from among individuals with extensive experience in or knowledge of United States Government as follows:
"(1) Five members appointed by the President by and with the advice and consent of the Senate.
"(2) Five members appointed by the President pro tempore of the Senate, three upon recommendation of the majority leader and two upon recommendation of the minority leader of the Senate.
"(3) Five members appointed by the Speaker of the House of Representatives, three upon recommendation of the majority leader 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. 745. (a) The Commission or, on the authorization of the Commission, any subcommittee or member thereof, may, for the purpose of carrying out the provisions of this part, hold such hearings and sit and act at such times and places, administer such oaths, and require, by subpoena or otherwise, the attendance and testimony of such witnesses and the production of such books, records, correspondence, 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 Chairmen of the Commission of the facts concerning any such willful disobedience by any person to the United States attorney for any judicial district in which such person resides or is found, such attorney may proceed by information for the prosecution of such person for such offense.
"(c) The Commission is authorized to secure directly from the head of any department, agency, independent instrumentality, or other authority of the executive branch of the Government, available information which the Commission deems useful in the discharge of its duties. All departments, agencies, independent instrumentalities, and other authorities of the executive branch of the Government shall cooperate with the Commission and furnish all information requested by the Commission in accordance with existing law.
"SEC. 746. (a) Subject to such rules and regulations as may be adopted by the Commission, the Commission shall have the power—
"(1) to appoint and fix the compensation of an Executive Director and such additional staff personnel as it deems necessary in accordance with the provisions of title 5, United States Code, governing appointments in the competitive service, and chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, and
"(A) in the case of the Executive Director, at a rate equal to that of level V of the Executive Schedule under section 5316 of title 5, United States Code; and
"(B) in the case of not more than three additional staff members. at rates not in excess of the maximum rate for GS-18 of the General Schedule under section 5332 of such title; and
"(2) to procure temporary and 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. 747. (a) The Chairman of the Commission shall receive compensation at a rate equal to the rate prescribed for level III of the Executive Schedule under section 5314 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, 748. The Commission shall cease to exist ninety days after the submission of its final report.
"SEC. 749. There is authorized to be appropriated until September 30, 1983, without fiscal year limitations, the sum of $4,000,000 to carry out the provisions of this part.
"SEC. 750. The Commission shall be subject to the Federal Advisory Committee Act.
"PART F — MISCELLANEOUS
"SEC. 751. Section 206 of the Budget and Accounting Act, 1921 (31 U.S.C. 15), is amended by inserting immediately before the period a comma and 'or at the request of a committee of either House of Congress presented after the day on which the President transmits the budget to the Congress under section 201 of this Act for the fiscal year'.
"SEC. 752. Nothing in this Act shall require the public disclosure of matters that are specifically authorized under criteria established by an Executive order to be kept 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. 753. (a) The provisions of this section and sections 711(a), 711(b), 711(c)(1), 711 (c)(2), 711(c) (5), 712. 713(b), 714(a), 714 (c), 714(d), 714(e), 714(f), 714(g), part D (except section 733) section 755, and section 756 of this title are enacted by the Congress.
"(1) as an exercise of the rule making power of the Senate and the House of Representatives, respectively, and as such they shall be considered as part of the rules of each House, respectively, or of that House to which they specifically apply, and such rules shall supersede other rules only to the extent that they are inconsistent therewith; and
"(2) with full recognition of the constitutional right of either House to change such rules (so far as relating to such House) at any time, in the same manner, and to the same extent as in the case of any other rule of such House.
"(b) In the Senate, paragraphs (2) and (5) of section 711(c) shall also be treated as amendments to rule XVI of the Standing Rules of the Senate.
"(c) Any provision of this Act which is enacted as an exercise of the rule making power of the Senate may be waived or suspended in the Senate by a majority vote of the Members voting.
"SEC. 754. (a) To assist in the review or reexamination of a program, the head of an agency which administers such program and the head of any other agency, when requested, shall provide to each committee of the Senate and the House of Representatives which has legislative jurisdiction over such program such studies, information, analyses, reports, and assistance as the committee may request.
"(b) Not later than six months prior to the first reauthorization date specified for a program in section 711(b) the head f the agency which administers such program or the head f any other agency, when requested by a committee of the Senate or House of Representatives, shall conduct a review of those regulations currently promulgated and in use by that agency which the committee specifically has requested be reviewed and submit a report to the Senate or the House of Representatives as the case may be, setting forth the regulations that agency intends to retain, eliminate, or modify if the program is reauthorized and stating the basis for its decision.
"(c) On or before October 1 of the year preceding the Congress in which occurs the reauthorization date for a program, the Comptroller General shall furnish to each committee of the Senate and the House of Representatives which has legislative jurisdiction over such program a listing of the prior audits and reviews of such program completed during the preceding six years.
"(d) Consistent with the discharge of the duties and functions imposed by law on them or their respective Offices or Service, the Comptroller General, the Director of the Congressional Budget Office, the Director of the Office of Technology Assessment, and the Director of the Congressional Research Service shall furnish to each committee of the Senate and the House of Representatives such information, analyses, and reports as the committee may request to assist it in conducting reviews or evaluations of programs.
"SEC. 755. (a) For purposes of this section and part B, the term 'required authorization waiver resolution means only a resolution of the Senate or the House of Representatives
"(1) which is introduced by the chairman of a committee pursuant to subsection (b);
"(2) which waives the provisions of subsection 711(c) (2) of this title for the purpose of allowing consideration of a bill or resolution providing new budget authority for a program for not more than one fiscal year in an amount which does not exceed the amount of new budget authority required to maintain the current level of services being provided during the fiscal year preceding the fiscal year for which new budget authority would be provided; and for purposes of this section, such current level of services shall be determined initially from the report submitted to the Congress pursuant to section 605 of the Congressional Budget Act of 1974 and shall be certified by the Director of the Congressional Budget Office; and
"(3) the matter after the resolving clause of which is as follows: 'That it is in order in the Senate (House of Representatives) to consider a bill (resolution) providing new budget authority for for the fiscal year in an amount not to exceed $----.' (with the first blank space being filled with identification of the program; the second blank space being filled with the fiscal year for which the new budget authority would be provided; and the third blank space being filled with the amount of new budget authority necessary to maintain the current level of services for such program for the fiscal year preceding the fiscal year for which such new budget authority would be provided).
"(b) The chairman of the committee of the Senate or the House of Representatives having legislative jurisdiction over a program or programs shall introduce a required authorization waiver resolution for such program or programs not later than the fifth day (not counting any day on which the Senate or the House, as the case may be, is not in session) following the occurrence of either of the following:
"(1) A bill authorizing the enactment of new budget authority for the same program or programs has been under consideration for not less than fifteen hours, including debate on the motion to consider the authorization bill, and no limitation of debate has been agreed to; or
"(2) A bill authorizing the enactment of new budget authority for the same program or programs has been vetoed by the President and such veto has been sustained by either the Senate or the House of Representatives.
(c) A required authorization waiver resolution relating to a program introduced in, or received by, the Senate or the House of Representatives shall be referred to the appropriate committee of the Senate or the House of Representatives, as the case may be; except that any resolution introduced, received after September 1 of the second session of a Congress shall immediately be placed on the appropriate calendar. With respect to any resolution still pending before a committee on September 1, of the second session of a Congress, the committee shall be automatically discharged and the resolution placed on the appropriate calendar.
"(d) The provisions of section 912 of title 5, United States Code, relating to the consideration of resolutions of disapproval of reorganization plans shall apply in the House of Representatives and the Senate to the consideration of required authorization waiver resolutions.
"SEC. 756. The Committees on Governmental Affairs and on Rules and Administration of the Senate and the Committees on Government Operations and on Rules of the House of Representatives shall review the operation of the procedures established by this title, and shall submit a report not later than December 31, 1986, and each five years thereafter, setting forth their findings and recommendations. Such reviews and reports may be conducted jointly.
"SEC. 757. There are hereby authorized to be appropriated through fiscal year 1990 such sums as may be necessary to carry out the review requirement of parts B and D and the requirements for the compilation of the inventory of Federal programs as set forth in part C.".
Several Senators addressed the Chair.
The PRESIDING OFFICER. The Senator from Virginia.
Mr. GLENN. Mr. President, I was seeking recognition before the Senator from Virginia.
Mr. HARRY F. BYRD, JR. Mr. President, I suggest the absence of a quorum.
The PRESIDING OFFICER. The Senator from Virginia.
Mr. HARRY F. BYRD, JR. I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The second assistant legislative clerk proceeded to call the roll.
Mr. MUSKIE addressed the Chair.
The PRESIDING OFFICER. The Senator from Maine.
Mr. MUSKIE. Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.
Mr. HARRY F. BYRD, JR. I object.
Mr. MUSKIE. Mr. President, I move that the order for the quorum call be rescinded.
The PRESIDING OFFICER. Objection is heard.
The clerk will continue to call the roll.
Mr. MUSKIE. Mr. President, a parliamentary inquiry.
The PRESIDING OFFICER. The roll call is in progress. A parliamentary inquiry is not in order.
The second assistant legislative clerk resumed calling the roll.
Mr. ROBERT C. BYRD. Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.
The PRESIDING OFFICER. Is there objection? The Chair hears none, and it is so ordered.
Mr. GLENN addressed the Chair.
The PRESIDING OFFICER. The Senator from Ohio.
AMENDMENT NO. 3681, AS MODIFIED
Mr. GLENN. Mr. President, I call up my amendment No. 3681, as modified, to amendment No. 3678, as modified, to H.R. 13511.
The PRESIDING OFFICER. The amendment will be stated.
The second assistant legislative clerk read as follows :
The Senator from Ohio (Mr. GLENN), for himself and others, proposes an amendment numbered 3681.
Mr. GLENN. Mr. President, I ask unanimous consent that reading of the amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment, as modified, is as follows :
PART G—TAX EXPENDITURES
SEC. 761. (a) For purposes of this part—
(1) The term "tax expenditure provision" means any provision of Federal law which allows a special exclusion, exemption, or deduction in determining liability for any tax or which provides a special credit against any tax, a preferential rate of tax, or a deferral of tax liability.
(2) The term "Committee on Ways and Means" means the Committee on Ways and Means of the House of Representatives.
(3) The term "Committee on Finance" means the Committee on Finance of the Senate.
(4) The term "Joint Tax Committee" means the Joint Committee on Taxation of the Congress.
SEC. 762. (a) Not later than July 1, 1979, the Director of the Congressional Budget Office after consultation with the Joint Tax Committee shall prepare an inventory of tax expenditure provisions (hereafter in this part referred to as the "tax inventory") and submit a report thereon to the Committee on Ways and Means and the Committee on Finance. The report shall include for each tax expenditure provision—
(1) the statute, regulation, ruling, or other circumstance which is the basis for the tax expenditure provision;
(2) an identification of the tax against which the tax expenditure provision allows a special exclusion, exemption, or deduction in determining liability or provides a special credit, a preferential rate of tax, or a deferral of tax liability;
(3) a brief statement of the purpose or purposes to be achieved by the tax expenditure provision;
(4) the period of time, if any, for which the tax expenditure provision has been in effect;
(5) the estimated revenue loss from the tax expenditure provision for the preceding 4 fiscal years;
(6) an analysis of the distributional impact of the tax expenditure provision; and
(7) the functional and sub-functional category of the budget in which the tax expenditure provision is classified.
(b) The General Accounting Office, the Congressional Research Service, and the Office of Technology Assessment shall provide the Congressional Budget Office and the Joint Tax Committee with information requested which would aid in the compilation of the tax inventory.
(c) The Department of the Treasury, the Office of Management and Budget, and the other agencies shall, to the extent necessary and possible, provide the Congressional Budget Office and the Joint Tax Committee with any assistance requested for the preparation of the tax inventory.
SEC. 763. The Committee on Ways and Means and the Committee on Finance shall review the tax inventory submitted as provided in section 262 and, not later than October 1, 1979, shall advise the Director of the Congressional Budget Office of any proposed revisions in the composition or identification of tax expenditure provisions in the tax inventory. After considering the advice of such committees, such Director, in consultation with the Joint Tax Committee, shall report, not later than December 1, 1979, a revised tax inventory to the House and the Senate.
SEC. 764. (a) The Director of the Congressional Budget Office, after the close of each session of the Congress, shall revise the tax inventory after consultation with the Joint Tax Committee and issue a report on the revisions thereto to the Senate and House of Representatives. Such report shall indicate, with respect to each tax-expenditure provision established during such session, the revenue loss which will result in the current fiscal year and the 5 succeeding fiscal years.
(b) The Director of the Congressional Budget Office shall tabulate and issue periodic reports to the Senate and the House of Representatives on the progress of congressional action on bills and resolutions reported by the Committee on Ways and Means or the Committee on Finance or passed by either House which affect tax expenditure provisions and each new tax expenditure provision proposed to be enacted by any bill or resolution reported, with respect to the amount of revenue loss which would result in the next fiscal year and each of the 4 succeeding fiscal years.
SEC. 765. (a) During the Ninety-sixth Congress, the Committee on Ways and Means and the Committee on Finance shall report, and the Congress shall complete action on, a bill prescribing a schedule of reauthorization dates, with such modifications as may be necessary to take into account the considerations set forth in section 266 for all tax expenditure provisions (other than those specifically exempted in the bill) in the tax inventory, or, if not in such inventory, which are in effect on the date of the enactment of such bill or which have been enacted or otherwise established as of such date will become effective after such date. Under such schedule there shall be 5 first reauthorization dates for tax expenditure provisions beginning with September 30, 1982, and continuing on September 30 of each of the following 4 even-numbered years, and each subsequent reauthorization date applicable to a tax expenditure provision shall be the date 10 years following the preceding reauthorization date.
(b) Upon enactment of the bill described in subsection (a), and subject to the exemptions and modifications provided pursuant to subsection (a) and (d), each tax expenditure provision shall cease to be effective on January 1 of the year following the first (or subsequent) reauthorization date provided in the schedule adopted pursuant to subsection (a) and the bills, resolution, or amendments thereto enacted pursuant to the subsection (d), unless it would otherwise cease to be effective at an earlier date, or unless it is reauthorized by a law enacted after the date of enactment of this Act and during or subsequent to the Congress in which it is scheduled for reauthorization.
(c) It shall not be in order in either the Senate or House of Representatives to consider a bill or resolution, or amendment thereto which provides for the reauthorization of all or part of a tax expenditure provision which is in the schedule adopted pursuant to subsection (a) or which was enacted pursuant to subsection (d) (i) for an indefinite period of time, (ii) for a period exceeding 10 taxable years, or (iii) (except during the Congress in which the next reauthorization date for such provision occurs) for any taxable year beginning after the next reauthorization date applicable to such tax expenditure provision.
(d) After the enactment of the bill described in subsection (a), it shall not be in order in either the Senate or the House of Representatives to consider any bill, resolution, or amendment thereto which proposes the enactment of a tax expenditure provision which does not constitute a reauthorization under subsection (c) that does not have a reauthorization date (and subsequent reauthorization dates) which conform with the schedule provided in subsection (a): Provided, That any such bill, resolution, or amendment thereto may be specifically exempted from the requirements of this subsection: And provided further, That such modifications as may be necessary to take into account the consideration set forth in section 266 may be prescribed in any such bill, resolution, or amendment thereto.
(e) Reauthorization dates shall be prescribed under subsections (a) and (d) so as to provide for a review of tax expenditure provisions during the same Congress as the review under part B of programs having similar objectives, consistent with providing an even distribution of the work of reviewing tax expenditure provisions during each Congress and taking into consideration the economic impact of the review process and the interest of avoiding adverse impact on previously acquired assets.
SEC. 766. In carrying out the requirements of section 265 the Committee on Ways and Means, the Committee on Finance, and the Congress may prescribe such transition rules, conforming and technical changes, and substitute provisions to minimize unfairness, to mitigate any adverse effect which might result for taxpayers who have relied on a tax expenditure provision, or to provide for an orderly end of the effectiveness of any such provision.
SEC. 767. It shall not be in order in either the Senate or the House of Representatives to consider a bill, resolution, or amendment thereto which proposes a reauthorization date for a tax expenditure provision beyond the final reauthorization date of the current sunset reauthorization cycle.
SEC. 768. (a) It shall not be in order in either the Senate or the House of Representatives to consider any bill, resolution, or amendment thereto, which provides for the reauthorization of a tax expenditure provision for a taxable year beginning after the next reauthorization date applicable to such provision, unless a reauthorization review of such provision has been completed during the Congress in which the reauthorization date for such provision occurs, and the report accompanying such bill or resolution includes a recommendation as to whether the tax expenditure provision should be continued without change, continued with modifications, or terminated, and includes, in the scope and detail the Committee on Ways and Means and the Committee on Finance deem appropriate, the following:
(1) information and analysis on the operation, costs, results, accomplishments, and effectiveness of the tax expenditure provision;
(2) an identification of any other tax expenditure provisions or any other programs having similar objectives, and a justification of the need for the proposed tax expenditure in comparison with those tax expenditure provisions or programs which may be potentially conflicting or duplicative; and
(3) an identification of the objectives intended for the tax expenditure provision, and the problems or needs which the tax expenditure provision is intended to address, including an analysis of the performance expected to be achieved, based on the bill or resolution as reported.
(b) It shall not be in order in either the Senate or the House of Representatives to consider any bill, resolution, or amendment thereto, which proposes the enactment of a new tax expenditure provision unless the bill, resolution, or amendment thereto is accompanied by a report which sets forth, in the scope and detail the Committee on Ways and Means and the Committee on Finance, as they deem appropriate, the information specified in subsections (a) (2) and (a) (3) of this section.
Mr. GLENN. Mr. President, I yield to the Senator from Maine.
The PRESIDING OFFICER. The Senator from Maine.
Mr. MUSKIE. Mr. President, we could have saved some time, some valuable time, in the discussion of these issues if we had followed the normal practice with respect to the calling up of amendments.
I cannot recall many occasions on which the offerer of an amendment was cut off from discussing his own amendment. If the intention was to discourage me from discussing my amendment, I assure the Senator who was responsible that it did not discourage me.
I say to the leadership — I see the distinguished minority leader on the floor — that if it is the desire of the leadership to dispose of this matter as expeditiously as possible without taking time away from the Senate, we could agree, Senator GLENN and I, on a time agreement of an hour and a half for discussion of the amendment and action on it. I suspect that is not what the opposition wishes, but I want to make that offer, so that the leadership will fully understand that we are not the Senators who wish to delay the Senate.
Mr. BAKER. Mr. President, will the Senator yield?
Mr. MUSKIE. I yield to my good friend, the minority leader.
Mr. BAKER. I thank the distinguished Senator from Maine and the distinguished Senator from Ohio.
As they may know, there is a conference in progress at this time in the majority leader's office, in an attempt to see whether there is some basis for arranging a time agreement that would cover not only the matter that the Senator from Maine is interested in but also the entire tax bill and the several amendments to it.
In doing an inventory on this side of the aisle I find that there are between 22 and 27 amendments yet to be disposed of, and probably a similar number on the other side. So we have a great deal of work yet to do.
I must say that I am not sure that this is the best place for this measure, although certainly the distinguished Senator from Maine and the distinguished Senator from Ohio are entitled to offer their amendments to this bill.
For the moment at least, if such a unanimous consent request is propounded — that is, to limit time on this amendment — in deference to the negotiations that are underway now and in consideration of the amendments we have yet to deal with, some germane and some not germane, I would find it necessary to object.
I wanted to pass that information along to the Senator from Maine, so that he would understand the circumstances.
Mr. MUSKIE. I understand. I say to the Senator that I could not agree more. I would rather have a different place to offer this legislation, but I have been working on it 3 years, trying to find what everybody would agree is the right place.
I have all kinds of cosponsors. I have more than a majority of the Senate to cosponsor it. It has been reported out of the Governmental Affairs Committee twice in 3 years, referred to the Rules Committee twice in 3 years, reported to the Senate floor four times. In addition, it has been scrutinized and examined closely by the majority leader and by the majority whip, in order to refine it further.
I have been urged to be patient. I have been reassured that we would find a place and a time. Yet, that place and time never seem to occur.
So, earlier this week, I indicated an intention to put the amendment on the Export-Import Bank bill. What happened? Even before I offered it, a filibuster was begun, a filibuster against a nonexistent amendment, so far as the parliamentary situation was concerned, by my good friend the floor manager of this bill, Senator CURTIS; I think Senator BYRD joined at one point, and I think Senator TALMADGE joined at one point. It was made very clear to me that extended debate was going to be engaged in if I sought to be so presumptuous as to offer it on the Export-Import Bank bill.
Today is Friday. The object is to adjourn by next Saturday. Well, the opportunities for getting consideration are fast disappearing. I am not one who normally seeks to encumber tax bills with a lot of irrelevant or nongermane amendments, and the Senator knows that. But the leadership, the exigencies of the floor, the pressures of other legislation have put the Senator from Maine in a corner, out of which he seeks to escape.
So I called up the amendment here tonight, and I am willing to have a vote on my amendment without any debate at all, because I am certain every Senator on this floor knows what this bill is.
This is the sunset bill, which a substantial majority of the Senate have cosponsored, and either that cosponsorship meant they would support it or not. I am willing to take my chances without any debate, so that we can dispose of it in the next 15 minutes.
No one knows what the Byrd amendment is all about. That would not require a great deal of time. It might take more time because its real intentions have been somewhat obfuscated by the quality of the debate that took place before it was even offered.
I simply assure the leadership that I use this occasion to transmit the message, not with any expectation that the minority leader will respond immediately, but simply to transmit the message that I do not really need much debate, although I have considerable material. All I want is simply a vote. I do not even want to read the first sentence of this speech. I am sure my good friend understands.
Mr. BAKER. I assure the Senator that, at least by this part of this leadership, his message is heard and understood.
The Senator will recall that I am a cosponsor of the bill, or I was, and I would support this. I must confess that I have different views and a different attitude toward the amendment from the attitude and views of the Senator from Ohio.
I am sure the distinguished Senator from Maine understands that in suggesting that it would be necessary to object if the unanimous consent request were propounded at this time, I am not acting according to my own position, necessarily, but rather to protect what I conceive to be the views of a number of Senators on this side of the aisle and, I suspect, on the other side as well.
Mr. MUSKIE. I understand.
Mr. President, I shall take a few minutes simply to get into the subject of the sunset bill and then be happy to yield to my good friend from Ohio so that he might spend some time disabusing the Senate of misinterpretations of his amendment which have had currency in the last few days.
(Mr. EAGLETON assumed the Chair.)
Mr. MUSKIE. Mr. President, I call up my amendment with great awareness of the many demands on our legislative schedule in the days that lie ahead, and I am cognizant of the fact that sunset, as accompanied by the Glenn amendment, is a complex piece of legislation.
Nevertheless, I can think of few more important acts this body can take, in the waning days of the 95th Congress, than to demonstrate a solid commitment to curbing inflation by bringing Federal spending under control — and to respond in a thoughtful, reasoned way to the public concern that Government today is not working as well as it should.
And that, as I see it, is what sunset is all about.
It is a most important idea, with great potential for positive change. It is not new to public debate.
Indeed, we have been talking about sunset for nearly 3 years.
Mr. President, the amendment I am offering today is identical in substance to the sunset amendment I introduced earlier this week with Senators ROTH, GLENN, the distinguished majority leader (Mr. ROBERT C. BYRD), the distinguished majority whip (Mr. CRANSTON), and 46 other of my colleagues.
This amendment represents the latest of many refinements in this sunset legislation, as we attempt to fashion the best and most workable bill possible to bring to the Senate floor.
The sunset legislation has gone through 13 days of hearings in the Governmental Affairs Committee. with more than 50 witnesses commenting on its every provision. It has twice been favorably reported by that committee. It has twice been considered by the Rules Committee. and just 2 months ago was favorably reported by that committee as well. Virtually every committee of the Senate has been consulted as this bill has moved along.
From the very beginning, the sunset bill has been well received. It is cosponsored by more than half the Members of this body. and by well over a hundred Members of the House. Groups as diverse as Common Cause and the Chamber of Commerce support it as an essential step in further strengthening congressional spending control.
After almost 3 years of debate, I believe the public now deserves a decision on this promising idea. And the Senate needs to make that decision without any further delay.
Obviously, I hope my colleagues will decide to give sunset a try. The reasons for doing so are numerous and sound.
When I first introduced sunset legislation almost 3 years ago, I was moved by three principal concerns.
First, as chairman of the Budget Committee, I was concerned that budget reform notwithstanding, the Federal budget was increasingly beyond firm congressional control. Indeed, in 1975, we had a much smaller portion of the budget at our discretion than we did a decade before. In 1965, almost half of all Federal spending was controllable, through the regular reauthorization and appropriations processes. By 1975, that figure had shrunk to only 25 percent.
Second, I was troubled by growing evidence that we had created an array of programs so complex they were unable to do the job. GAO report after GAO report documented waste of the taxpayers' money, simply because one arm of the Government did not know what all the others were doing. And with fragmented agency and committee jurisdiction, Congress had no established mechanism for addressing the kinds of problems the GAO reports highlighted so well.
And third, I was concerned that poll after poll showed public confidence in Government going steadily down. More and more Americans seemed to feel that Government was not working well.
Three years ago, sunset seemed a reasonable and imaginative response to these concerns.
In its provision for the regular reauthorization of virtually all Federal programs, sunset offered a way to bring the Federal budget back under systematic congressional control.
By requiring the review of similar programs at the same time, sunset provided an opportunity to consider all of Federal policy in one area at once — with an eye toward eliminating wasted resources which could be put to better use.
And by demonstrating a firm commitment to the difficult task of making Government more effective, sunset seemed an excellent way to demonstrate to the public that we in Congress are doing our job.
Today, these arguments for sunset are stronger than ever.
In 1978, although the proportion of uncontrollable spending in the budget has stabilized, it has not declined. We seriously debate national priorities each year, with only a fraction of the budget at our command. Three quarters of Federal spending decisions are made whether Congress acts or not.
In 1978, we have made little, if any, progress in streamlining and simplifying the many programs on the books. Committee reform helped. But we still have overlapping programs scattered all over downtown and Capitol Hill.
State and local governments continue to cite excessive program fragmentation and red tape as a major obstacle to effective policy. And the GAO continues to churn out evidence of wasted dollars, because of a program structure which has grown needlessly complex.
And in 1978, public concern over ineffective Government reached a new high, proposition 13 and its offspring in other States.
Three years ago, I was convinced that these conditions argued persuasively for the kind of change sunset would entail. I am even more convinced today.
But Mr. President, today, there is an additional argument for sunset, more compelling than all the rest. The argument is the resurgence of inflation — public enemy No. 1 — viewed by 80 percent of the public as the most serious problem our Nation faces.
What has sunset to do with inflation? In the public's view, clearly a great deal. According to the latest Harris survey, 76 percent of the American people view Federal spending as the principal cause of inflation. And a look at the projections for future budgets argues the case for the public's concern.
As part of its 5-year projections for the first budget resolution for fiscal year 1979, the Budget Committee calculated the potential cost of 31 new programmatic initiatives likely to come before Congress between now and 1983. The list was by no means exhaustive. But it did include such major items as national health insurance and additional defense expenditures which would result from a failure of the SALT talks.
The committee found that between 1980 and 1983, these 31 initiatives could cost as much as $416 billion in new spending. The committee also found, as did CBO, that with a moderate rate of growth between now and then, we could expect only about $120 billion in additional revenues to pay for these new demands.
These numbers pose a very sobering dilemma.
Many of the initiatives the committee studied are programs we need — and the public wants to have. And there will undoubtedly be others before the next decade is out. After all, the agenda for our Nation is far from being complete.
Yet with the economy approaching full capacity — and with inflation on the rise — spending increases of the magnitude projected by the committee are clearly out of the question. For under today's economic conditions, massive Federal deficits like we have known in recent years will succeed only in making inflation worse.
Bringing Government spending under control, eliminating wasteful and low-priority spending, reducing the burdens on the taxpayers, making room for new priorities — the numbers tell us we can afford new programs in only one of four ways: By running massive deficits and sending inflation through the roof; by raising taxes substantially to pay for new demands; by across-the- board cuts in spending, as many have proposed; or by selective cuts in programs we now have but which we may not need.
The first two of these options would be both economic and political suicide.
The third option would make room in the budget — but in an irresponsible and indiscriminate way.
The final option would be difficult, but doable. And, in my view, it is the most responsible of the four.
It would require a commitment from every one of us to put our favorite programs to the test — to see if they are still needed, or if they are working well. This is not a prospect likely to warm a politician's heart. But given our other options, I suggest we have no choice.
And whether we like it or not, the initiative must come first from us.
It is the Congress which sets national policy, through the programs we enact. If those programs have grown unresponsive and ineffective, it is we who must bear much of the blame. For it is our job not just to initiate new programs — but also to insure that the old programs are working as well as they should.
More importantly, it is the Congress which has ultimate control over Federal spending, through our power of the purse. If that power is substantially eroded by decisions made in the past, we have an obligation to reassess those decisions so that new initiatives can be pursued.
Today, I think we are failing to meet our responsibility on both counts. And that is why an idea like sunset is so important at this time.
Mr. President, I want there to be no misunderstanding of my motives on this matter. I take a back seat to no one in support of the many worthy goals we have sought to achieve through Federal initiatives in recent years. And I believe that Congress must continue to take the lead in shaping Government as a positive force in our society.
But I am concerned that we in Congress are increasingly unable to do an effective job of legislating for the future, because our hands are so bound by the past.
As a result, we are limiting both present and future budgets — and the priorities they define.
We are denying our constituents an effective return on the tax dollars they pay.
And, in 1978, we are inviting the specter of Government spending driving inflation out of sight.
For all these reasons, I have been pushing sunset legislation for the last 3 years. For all these reasons, I urge Senate passage of sunset now.
Sunset offers us a unique opportunity to provide the extra spending discipline that we need.
It will not do so overnight, nor in a very exciting way.
But over the long haul, it is the only responsible vehicle I see which can help free up scarce resources to direct to new problems as they arise and to give the taxpayers relief.
For the life of me I cannot see why any Member of this body should resist working to that objective toward a program of this kind.
And given the dwindling budget options available to us, I can think of few more positive steps we can take. For the needs of our Nation are not set in concrete. And the Nation is not well served by a Government which is.
At the outset of my remarks, Mr. President, I noted that sunset, although untried, is not new to public debate. Nevertheless, there remains much confusion as to precisely what it is.
In its most general sense, a sunset law is one which states that certain specified activities of Government will come to an end — the sun will set — unless specifically continued by the legislative branch of Government. Within this broad definition, however, the term "sunset" can take many different shapes. Sunset laws have been adopted in several States to date, in widely differing forms.
The sunset bill I have proposed is keyed very specifically to the way Congress works. It seeks to remedy a congressional problem by building upon existing congressional processes — and to use those processes more fully to help us do a better job.
Mr. ROTH addressed the Chair.
Mr. MUSKIE. I am not finished, may I say to the Senator.
In spite of the mystique of sunset, the approach taken in the bill now before us is very simple indeed.
Title I sets out a 10-year, five-Congress schedule for the review and reauthorization of all Federal programs, with only a few exceptions. Within this schedule, programs are grouped by budget function and subfunction, in order to encourage review of programs with related purposes during the same period of time.
The bill requires that all programs, save the few exceptions — including those now permanent — be specifically reauthorized in accordance with the schedule. To enforce this requirement, title I also provides that a point of order will lie against consideration of an appropriation for any program not so reauthorized.
These two provisions — the reauthorization requirement and the schedule for review — are, taken together, the essence of the sunset bill. Either provision without the other would leave the process incomplete. Reauthorization without a schedule of orderly groupings of programs would require Congress to make a decision but offers no guarantee that such decision will be made with a view of the forest as a whole. Without the reauthorization requirement, there is no guarantee that the decision will be made at all.
Mr. President, there is obviously a great deal more in this bill than the two provisions I have just described. But by and large, the rest of the bill is aimed at supporting Congress and its committees in meeting the procedures of title I. The program inventory in title II, for example, is intended to give Congress the best possible information on what all the programs are. The waiver provision in title V is provided to insure that the reauthorization requirements of sunset are not used to frustrate the majority will.
In formulating this legislation, Mr. President, we had two very simple goals in mind. We wanted to force a regular congressional decision on all programs on the books. And we wanted those decisions to be made in a broader context than that in which they are made today.
To promote these goals, we sought a process as flexible as possible — a framework in which Congress could continue to do what it does best — to make political judgments and decisions about public policy.
We worked from the assumption that no reform, no matter how well intentioned or conceived, will work unless Congress wants it to — that better decision making cannot be legislated, it can only be encouraged and facilitated.
In the amendment now before us, we have a bill which meets this test. It establishes a limited, explicit process. But beyond a minimal threshold it does not dictate how that process should be carried out.
I stress this point, Mr. President, because of concerns I have heard that sunset is too heavy- handed an approach. Many people seem to think that sunset seeks to accomplish many things which it, in fact, does not.
For example, sunset does not suggest that future spending priorities be changed. It is completely neutral where specific areas of spending are concerned.
Nor is sunset a disguised version of the old meat-axe approach. Program termination is not a stated goal. The so-called termination mechanism — the reauthorization requirement — is a means to an end, not an end itself. Its sole purpose is to force a decision on the continuation of each program, at least once every10 years.
On this point, I would like to emphasize, Mr. President, that the sunset mechanism is not radical or new. It is nothing more than the reauthorization process we now use every day of our legislative lives.
Precisely because this mechanism is not new, the sponsors of sunset have rejected the idea of a sunset pilot test. Congress does not need to test the reauthorization process — we already know how it works. What we do need is to apply that process more comprehensively. And that is what sunset would do.
Finally, this bill does not dictate how programs should be reviewed. Contrary to widespread opinion, this is not an evaluation bill. To be sure, title III is specifically concerned with the comprehensive reexamination of a few programs every year. This provision is an important complement to the basic reauthorization requirements of title I. But it is, in my view, largely incidental to the basic sunset process.
Mr. President, there is probably more confusion on this one issue than on any other aspect of the legislation. I ask unanimous consent that a lengthy but enlightening quotation from the Governmental Affairs Committee report on S. 2 be printed in the RECORD at this point in my remarks.
There being no objection, the excerpt from the report was ordered to be printed in the RECORD, as follows:
EXCERPT
Sometimes it will decide to extend a program without any change whatsoever. It will be satisfied that the program is doing the job for which it was established. Sometimes, however, Congress will want to consider major changes in an existing program. In its search for program improvements, Congress will take its cues and clues from a variety of sources. It might look to the ballot box and its constituency for political guidance. It might examine budgetary data for information on the cost of the program. It might conduct hearings to enable those affected by the program to tell their side of the story. It might commission a large-scale evaluation by its own staff or by outside experts. But Congress alone will decide on the scope and type of review to be undertaken. Sunset thus opens to Congress a full range of options, only one of which is the formal evaluation of programs.
Evaluation ought never to be more than one of a number of methods available to Congress when it reconsiders programs. Letters from back home, newspaper editorials, testimony at hearings, on-site visits, and cost-benefits analyses — all are grist for the legislative mill.
Even when it applies evaluative findings to programs under review, Congress is much more the consumer than the doer of evaluations. In the division of labor between the legislative and executive branches, most program evaluations are conducted by the executive. Evaluation has become a billion-dollar industry in the United States, with thousands of evaluations completed each year by Government agencies, think tanks, and private organizations.
When it reconsiders programs, Congress can dip into the pool of available evaluations and apply the findings to the authorization decisions it must make. Congress does not have to evaluate de novo, as if nothing of value has been done by others. Sometimes, however, Congress will take a fresh look, either because other evaluations are not available or because it wants to apply different criteria to the decision at hand. In such circumstances, title III of the bill provides for Congress to formally select some programs for evaluation.
The basic purpose of sunset is to compel Congress to reconsider its past program enactments. All that sunset requires is that Congress take positive action to reauthorize the programs which it wishes to continue. The thrust in sunset is reconsideration, not reevaluation. Nothing in the sunset concept would require Congress to embark on a wholesale evaluation of all programs scheduled for termination. When it reconsiders an expiring program, Congress can decide on the most appropriate course of action.
Mr. MUSKIE. This is a lengthy quotation. but it makes an important point — relevant not just to the evaluation question but to the entire tone of this bill.
It is not the purpose of sunset to impose an arbitrary discipline to tell Congress what to do.
It is very much the intent of sunset that Congress and its committees be in charge — but at the same time, have greater opportunities to do a better job.
Under the bill now before us, opportunities would be available which I think we badly need: A chance to look back at all the baggage we have accumulated through the years; a chance to renew and strengthen our commitment to those past efforts which continue to fill a need; and a chance to shift resources and energy away from those which have lost their usefulness, in order to free up resources for needs which lie ahead.
These opportunities exist today — but only where one quarter of the budget is concerned. If nothing else, sunset promises to close that gap, and make our options more complete.
Mr. President, there is one other issue in the sunset debate which has prompted widespread concern. That issue is the additional workload which sunset would entail.
The workload issue is the most persistent and difficult we have faced in working on this bill. The legislation has been revised and refined in countless ways to respond to this very real concern.
Among other changes, we lengthened the review cycle from 4 years in the original proposal to 10 in the current amendment. We dropped the cumbersome program review guidelines, and left virtually all decisions about the scope and depth of review to the authorizing committees themselves.
In the context of the workload debate, it is important to keep in mind a point I made earlier — that sunset is not a program evaluation bill. To require Congress to evaluate, in depth, one-fifth of all programs every 2 years would clearly be an undoable task. But that task is not even contemplated in the provisions of this bill.
This is not to say that the requirements of sunset will not add to our work. Obviously, they will. For example, programs which are now permanent would have to be reviewed and reauthorized at least once every 10 years. On the other hand, programs now reauthorized at more frequent intervals may be stretched out to a longer life span.
On the whole, sunset, in its present form, would involve what I believe is a manageable workload. But for those who would like a precise answer to this question, there is no way I can oblige.
Trying to project workload is a very difficult thing to do. What one committee considers a single program, another committee considers only a part.
Moreover, we have no way of knowing how future Congresses will act. For example, there is evidence of a growing trend toward omnibus authorization bills. Whether this trend will continue, we have no idea today.
My own response to the workload argument is that a great many people have labored on this bill to make it as workable as we could. Having done so, I would argue that whatever the workload demands of sunset, there is a job that needs to be done. To suggest that we cannot review the entire Federal budget in a space of 10 years is to say that a process like sunset is long overdue.
Mr. President, many other questions have been raised about sunset over the course of the bill's 3-year life. I have commented on those which I feel are most important. I urge my colleagues to raise any other concerns they may have, so that we can discuss them here today.
Before going on to discuss the specific provisions of the bill, I would like to make one remaining point.
The legislation now before us has come a long way in the past 3 years. Those of us who have worked on it have learned a great deal about the nature of the Federal program structure. Through this learning process, many who were once skeptical have been convinced that the need for sunset is real.
In an important way, this increased awareness is what sunset is all about — having at our disposal the knowledge to make informed decisions concerning legislation we enact.
This is no mean accomplishment, as we know from budget reform. Whatever specific fiscal impact the budget process has had, its greatest contribution has been in increased awareness of how the daily decisions we make affect the budget as a whole.
Sunset offers us the same kind of opportunity. It is an opportunity we dare not let slip away.
Mr. President. a parliamentary inquiry.
The PRESIDING OFFICER. The Senator will state it.
Mr. MUSKIE. Who has the floor?
The PRESIDING OFFICER. The Senator from Ohio has the floor.
Mr. MUSKIE. Mr. President, I have completed my preliminary statement. I thank the distinguished Senator from Ohio for yielding to me for making it.
I would like to express the hope that he would also yield to the distinguished Senator from Delaware (Mr. ROTH), who is the original cosponsor of this legislation, and who I see is ready to make a statement on it, as well as the distinguished Senator from Delaware (Mr. BIDEN) , who has been early and faithful in support of this proposition.
Mr. HANSEN. Mr. President, will the distinguished Senator from Ohio give me about a 30-second opportunity, out of order, to correct the RECORD?
Mr. GLENN. Mr. President, I will yield for such purpose, but first I yield to the Senator from Delaware.