[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1913 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 1913

To require reauthorizations of budget authority for Government programs 
 at least every 10 years, to provide for review of Government programs 
            at least every 10 years, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 17, 1997

 Mr. Doggett introduced the following bill; which was referred to the 
 Committee on Rules, and in addition to the Committees on the Budget, 
 and Government Reform and Oversight, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
To require reauthorizations of budget authority for Government programs 
 at least every 10 years, to provide for review of Government programs 
            at least every 10 years, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Sunset Act of 1997''.

SEC. 2. PURPOSES.

    The purposes of this Act are--
            (1) to require that Government programs be reauthorized 
        according to a schedule at least once every 10 years;
            (2) to limit the length of time for which Government 
        programs can be authorized to 10 years;
            (3) to bar the expenditure of funds for Government programs 
        which have not been provided for by a law enacted during the 
        10-year sunset reauthorization cycle; and
            (4) to encourage the reexamination of selected Government 
        programs during each Congress.

SEC. 3. DEFINITIONS, BUDGET CATEGORIES, REAUTHORIZATION DATE.

    (a) Definitions.--For purposes of this Act--
            (1) The term ``budget authority'' has the meaning given to 
        it by section 3(2) of the Congressional Budget Act of 1974.
            (2) The term ``permanent budget authority'' means budget 
        authority provided for an indefinite period of time or an 
        unspecified number of fiscal years which does not require 
        recurring action by the Congress, but does not include budget 
        authority provided for a specified fiscal year which is 
        available for obligation or expenditure in one or more 
        succeeding fiscal years.
            (3) The term ``Comptroller General'' means the Comptroller 
        General of the United States.
            (4) The term ``agency'' means an executive agency as 
        defined in section 105 of title 5, United States Code, except 
        that such term includes the United States Postal Service and 
        the Postal Rate Commission but does not include the General 
        Accounting Office.
            (5) The term ``sunset reauthorization cycle'' means the 
        period of five Congresses beginning with the One Hundred Sixth 
        Congress and with each sixth Congress following the One Hundred 
        Sixth Congress.
    (b) Budget Categories.--For purposes of this Act, each program 
(including any program exempted by a provision of law from inclusion in 
the Budget of the United States) shall be assigned to the functional 
and subfunctional categories to which it is assigned in the Budget of 
the United States Government, fiscal year 1997. 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 1997 budget shall include, in 
the committee report accompanying such bill or resolution (and, where 
appropriate, the conferees shall include in their joint statement on 
such bill or resolution), a statement as to the functional and 
subfunctional category to which such program is to be assigned.
    (c) Reauthorization Date.--For purposes of titles I, II, and III of 
this Act, the reauthorization date applicable to a program is the date 
specified for such program under section 101(b).

            TITLE I--REAUTHORIZATION OF GOVERNMENT PROGRAMS

SEC. 101. REAUTHORIZATION.

    (a) In General.--Each Government program (except those listed in 
section 102) shall be reauthorized at least once during each sunset 
reauthorization cycle during the Congress in which the reauthorization 
date applicable to such program (pursuant to subsection (b)) occurs.
    (b) Reauthorization Date.--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 that a statute enacted by the Congress 
establishes.

                                                                        
                         Programs included within           First       
                          subfunctional category    reauthorization date
                                                                        
                        272 Energy Conservation.     September 30, 2000.
                        301 Water Resources.                            
                        352 Agricultural Research                       
                         and Services.                                  
                        371 Mortgage Credit.                            
                        373 Deposit Insurance.                          
                        376 Other Advancement of                        
                         Commerce.                                      
                        501 Elementary, Secondary,                      
                         and Vocational Education.                      
                        601 General Retirement and                      
                         Disability Insurance                           
                         (excluding social                              
                         security).                                     
                        602 Federal Employee                            
                         Retirement and                                 
                         Disability.                                    
                        703 Hospital and Medical                        
                         Care for Veterans.                             
                        808 Other General                               
                         Government.                                    
                        051 Department of Defense--  September 30, 2002.
                         Military                                       
                        053 Atomic Energy Defense                       
                         Activities.                                    
                        154 Foreign Information                         
                         and Exchange Activities.                       
                        251 General Science and                         
                         Basic Research.                                
                        306 Other Natural                               
                         Resources.                                     
                        351 Farm Income                                 
                         Stabilization.                                 
                        401 Ground Transportation.                      
                        502 Higher Education.                           
                        701 Income Security for                         
                         Veterans.                                      
                        752 Federal Litigative and                      
                         Judicial Activities.                           
                        802 Executive Direction                         
                         and Management.                                
                        803 Central Fiscal                              
                         Operations.                                    
                        054 Defense Related          September 30, 2004.
                         Activities                                     
                        152 International Security                      
                         Assistance.                                    
                        155 International                               
                         Financial Programs.                            
                        252 Space Flight,                               
                         Research, and Supporting                       
                         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.                      
                        806 General Purpose Fiscal                      
                         Assistance.                                    
                        153 Conduct of Foreign       September 30, 2006.
                         Affairs                                        
                        271 Energy Supply.                              
                        303 Recreational                                
                         Resources.                                     
                        402 Air Transportation.                         
                        505 Other Labor Services.                       
                        551 Health Care Services.                       
                        604 Housing Assistance.                         
                        702 Veterans Education,                         
                         Training, and                                  
                         Rehabilitation.                                
                        753 Federal Correctional                        
                         Activities.                                    
                        805 Central Personnel                           
                         Management.                                    
                        908 Other Interest.                             
                        151 International            September 30, 2008.
                         Development and                                
                         Humanitarian 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 and                         
                         Training.                                      
                        603 Unemployment                                
                         Compensation.                                  
                        705 Other Veterans                              
                         Benefits and Services.                         
                        754 Criminal Justice                            
                         Assistance.                                    
                        804 General Property and                        
                         Record Management.                             
                        901 Interest on the Public                      
                         Debt.                                          
                                                                        

    (c) Procedures.--
            (1) Consideration.--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 10 fiscal years, for an indefinite period, or (except 
        during the Congress in which such next reauthorization date 
        occurs or the Congress immediately preceding such Congress) 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. 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 any reauthorization date applicable to such 
        program under subsection (b), unless the provision of such new 
        budget authority is specifically authorized by a law which 
        constitutes a required authorization for such program. 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 expenditure of such funds has been enacted during such 
        sunset reauthorization cycle.
            (2) Permanent budget authority.--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.
            (3) Definition.--For the purposes of paragraph (1), 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).

SEC. 102. CONSIDERATION.

    Section 101(c) shall not apply to the following:
            (1) Programs included within functional category 050 
        (National defense).
            (2) Programs included within functional category 900 
        (Interest).
            (3) Any Federal program or activity to enforce civil rights 
        guaranteed by the Constitution of the United States or to 
        enforce antidiscrimination laws of the United States, including 
        the investigation of violations of civil rights, civil or 
        criminal litigation the implementation or enforcement of 
        judgments resulting from such litigation, and administrative 
        activities in support of the foregoing.
            (4) Programs which are related to the administration of the 
        Federal judiciary and which are classified in the fiscal year 
        1997 budget under subfunctional category 752 (Federal 
        litigative and judicial activities).
            (5) 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).
            (6) Programs included in the fiscal year 1997 budget in 
        subfunctional categories 701 (Income security for veterans), 
        702 (Veterans education, training, and rehabilitation), 704 
        (Veterans housing), and programs for providing health care 
        which are included in such budget in subfunctional category 703 
        (Hospital and medical care for veterans).
            (7) Social Security and Federal retirement programs 
        including the following:
                    (A) Programs funded through trust funds which are 
                included with subfunctional categories 551 (Health care 
                services), 601 (General retirement and disability 
                insurance (excluding social security)), 602 (Federal 
                employee retirement and disability), or 602 (Department 
                of Defense military retirement and survivor annuities).
                    (B) 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 
                1997 budget in subfunctional category 551 (Health care 
                services) or in subfunctional category 306 (Other 
                natural resources).
                    (C) 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 
                chapter 73 of title 10, United States Code, classified 
                in the fiscal year 1997 budget in subfunctional 
                category 403 (Water transportation).
                    (D) Payments to the Central Intelligence Agency 
                Retirement and Disability Fund, classified in fiscal 
                year 1997 budget in subfunctional category 054 
                (Defense-related activities).
                    (E) Payments to the Civil Service Retirement and 
                Disability Fund for financing unfunded liabilities, 
                classified in fiscal year 1997 budget in subfunctional 
                category 805 (Central personnel management).
                    (F) Payments to the Foreign Service Retirement and 
                Disability Fund, classified in fiscal year 1997 budget 
                in subfunctional category 153 (Conduct of foreign 
                affairs) or in subfunctional category 602 (Federal 
                employee retirement and disability).
                    (G) Payments to the Federal Old-Age and Survivors 
                Insurance and the Federal Disability Insurance Trust 
                Funds, classified in fiscal year 1997 budget in various 
                subfunctional categories.
                    (H) Administration of the retirement and disability 
                programs set forth in this section.
            (8) Programs included within subfunctional category 373 
        (Deposit insurance).

                      TITLE II--PROGRAM INVENTORY

SEC. 201. PROGRAM INVENTORY.

    (a) Preparation.--The Comptroller General and the Director of the 
Congressional Budget Office, in cooperation with the Director of the 
Congressional Research Service, shall prepare an inventory of Federal 
programs (hereafter in this title referred to as the ``program 
inventory'').
    (b) Purpose.--The purpose of the program inventory is to advise and 
assist the Congress in carrying out the requirements of titles I and 
III. Such inventory shall not in any way bind the committees of the 
Senate or the House of Representatives with respect to their 
responsibilities under such titles and shall not infringe on the 
legislative and oversight responsibilities of such committees. The 
Comptroller General shall compile and maintain the inventory and the 
Director of the Congressional Budget Office shall provide budgetary 
information for inclusion in the inventory.
    (c) Submission.--Within 120 days of the date of the enactment of 
this Act, 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) Grouping of Programs.--In the report submitted under subsection 
(c), 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 Act. Such groupings shall identify program areas 
in a manner which classifies each program in only one functional and 
only one subfunctional category and which is consistent with the 
structure of national needs, agency missions, and basic programs 
developed pursuant to section 1105 of title 31, United States Code.
    (e) Inventory Content.--The program inventory shall set forth for 
each program each of the following matters:
            (1) The specific provision or provisions of law authorizing 
        the program.
            (2) The committees of the Senate and the House of 
        Representatives which have legislative or oversight 
        jurisdiction over the program.
            (3) A brief statement of the purpose or 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) Listing of Exempt Programs.--The inventory shall contain a 
separate tabular listing of programs which are not required to be 
reauthorized pursuant to section 102.
    (g) Budget Authority.--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) CBO Information.--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 subfunctional category in which the 
        program is presently classified and was classified under the 
        fiscal year 1997 budget.
            (3) The identification code and title of the appropriation 
        account in which budget authority is provided for the program.

SEC. 202. MUTUAL EXCHANGE OF INFORMATION.

    The General Accounting Office, the Congressional Research Service, 
and the Congressional Budget Office shall permit the mutual exchange of 
available information in their possession which would aid in the 
compilation of the program inventory.

SEC. 203. ASSISTANCE BY EXECUTIVE BRANCH.

    The Office of Management and Budget, and the Executive agencies and 
the subdivisions thereof shall, to the extent necessary and possible, 
provide the General Accounting Office with assistance requested by the 
Comptroller General in the compilation of the program inventory.

SEC. 204. REVISION OF PROGRAM INVENTORY.

    (a) Review.--Each committee of the Senate and the House of 
Representatives, the Congressional Budget Office, and the Congressional 
Research Service shall review the program inventory as submitted under 
section 201 and not later than 90 days after the date of such 
submission such committee, Office, and Service 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 60 days after the date the advice was given in accordance with 
this subsection, a revised program inventory to the Senate and the 
House of Representatives.
    (b) Beginning of Process.--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.
    (c) Report.--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.
    (d) New Budget Authority Not Authorized.--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. 205. ASSESSMENT OF CATEGORIES.

    The Director of the Congressional Budget Office and the Comptroller 
General shall include in their respective reports to the Congress 
pursuant to section 202(f) of the Congressional Budget Act of 1974 and 
section 719 of title 31, United States Code, an assessment of the 
adequacy of the functional and subfunctional categories contained in 
section 101(b) of this Act for grouping programs of like missions or 
objectives.

                    TITLE III--PROGRAM REEXAMINATION

SEC. 301. JOINT COMMITTEE ON SUNSET REVIEW.

    (a) Establishment.--
            (1) Committee membership.--There is established a Joint 
        Committee on Sunset Review (in this title referred to as the 
        ``Joint Committee'') to be composed of 8 Members of the Senate 
        to be appointed by the President of the Senate, and 8 Members 
        of the House of Representatives to be appointed by the Speaker. 
        In each instance, not more than 5 Members shall be members of 
        the same political party. No Member shall serve on the Joint 
        Committee for more than 6 years (excluding any period of 
        service of less than 1 year) but a Member may be reappointed 
        after the expiration of 2 years.
            (2) Chairman.--The Chairman shall be elected by the members 
        of the Joint Committee and the chairmanship shall rotate 
        between the House of Representatives and the Senate with the 
        first Chairman being selected from Members of the House of 
        Representatives.
            (3) Vacancies.--Vacancies in the membership of the Joint 
        Committee shall not affect the power of the remaining members 
        to execute the functions of the Joint Committee and shall be 
        filled in the same manner as in the case of the original 
        appointment.
            (4) Hearings, etc.--The Joint Committee is authorized to 
        hold such hearings as it deems advisable. The Joint Committee 
        may appoint and fix the compensation of such experts, 
        consultants, technicians, and other personnel as it deems 
        necessary and advisable. The Joint Committee may use the 
        services, information, and facilities of the departments and 
        agencies of the Federal Government which have jurisdiction of 
        the programs being reviewed by the Joint Committee.
    (b) Function.--
            (1) In general.--In each odd-numbered year, the Joint 
        Committee shall review the programs which have reauthorization 
        dates, set under section 101(b), which will occur on September 
        30 of the following even-numbered year to determine if such 
        programs should be terminated or reauthorized.
            (2) Criteria.--The Joint Committee shall consider the 
        following criteria in determining if a program should be 
        terminated or reauthorized:
                    (A) The efficiency with which the program operates.
                    (B) An identification of the objectives intended 
                for the program and the problem or need that the 
                program was intended to address, the extent to which 
                the objectives have been achieved, and any activities 
                of the program in addition to those granted by statute 
                and the authority for these activities.
                    (C) The extent to which the program is needed and 
                is used.
                    (D) The extent to which the jurisdiction of the 
                program and the other programs administered with the 
                program overlap or duplicate others and the extent to 
                which the program can be consolidated with the other 
                programs.
                    (E) Whether the agency administering the program 
                has recommended to the Congress statutory changes 
                calculated to be of benefit to the public at large 
                rather than only those served directly by the program.
                    (F) The promptness and effectiveness with which the 
                program disposes of complaints concerning persons 
                affected by the program.
                    (G) The extent to which the program has encouraged 
                participation by the public in making its rules and 
                decisions and the extent to which the public 
                participation has resulted in rules compatible with the 
                objectives of the program.
                    (H) The extent to which the program has complied 
                with applicable requirements regarding equality of 
                employment opportunity.
                    (I) The extent to which changes are necessary in 
                the enabling statutes of the program so that the 
                program can adequately comply with the criteria listed 
                in this paragraph.
                    (J) The effect on State and local governments if 
                the program is terminated.
            (3) Recommendation.--Upon completion of its review of a 
        program, the Joint Committee shall submit to the appropriate 
        legislative committees of the House of Representatives and the 
        Senate a recommendation for the extension, including extension 
        with change, or termination of the program. Each such 
        recommendation shall be voted on by the Joint Committee and 
        shall be published.

SEC. 302. EXECUTIVE BRANCH.

    Each department or agency of the executive branch which is 
responsible for the administration of a program subject to 
reexamination pursuant to section 301 shall, by the first Monday of 
June of an odd-numbered year, submit to the Office of Management and 
Budget and to the Joint Committee a report of its findings, 
recommendations, and justifications with respect to each of the matters 
set forth in section 301(b)(3), and the Office of Management and Budget 
shall submit to the Joint Committee such comments as it deems 
appropriate.

                        TITLE IV--MISCELLANEOUS

SEC. 401. APPROPRIATION REQUESTS.

    Section 1108(e) of title 31, United States Code, is amended by 
inserting before the period ``or at the request of a committee of 
either House of Congress or of the Joint Committee on Sunset Review 
presented after the day on which the President transmits the budget to 
the Congress under section 1105 of this title for the fiscal year''.

SEC. 402. DISCLOSURE.

    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.

SEC. 403. RULEMAKING.

    The provisions of this section, section 204, and titles I and III 
are enacted by the Congress--
            (1) as an exercise of the rulemaking power of the Senate 
        and the House of Representatives respectively, and as such they 
        shall be considered as part of the rules of each House, 
        respectively, or of that House to which they specifically 
        apply, and such rules shall supersede other rules only to the 
        extent that they are inconsistent therewith; and
            (2) with full recognition of the constitutional right of 
        either House to change such rules (so far as relating to such 
        House) at any time, in the same manner, and to the same extent 
        as in the case of any other rule of such House.

SEC. 404. EXECUTIVE BRANCH ASSISTANCE.

    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, or to the Joint Committee on Sunset Review, such 
studies, information, analyses, reports, and assistance as the 
committee may request.

SEC. 405. CONGRESSIONAL REVIEW.

    The Committee on Rules and Administration of the Senate and the 
Committee on Rules of the House of Representatives shall review the 
operation of the procedures established by this Act, and shall submit a 
report not later than December 31, 2002, and each five years 
thereafter, setting forth their findings and recommendations. Such 
reviews and reports may be conducted jointly.
                                 <all>