[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1730 Introduced in Senate (IS)]







105th CONGRESS
  2d Session
                                S. 1730

 To require Congressional review of Federal programs at least every 5 
                     years, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 6, 1998

   Mr. Wyden introduced the following bill; which was read twice and 
           referred to the Committee on Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
 To require Congressional review of Federal programs at least every 5 
                     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 ``Federal Program Sunset Review Act of 
1998''.

SEC. 2. PURPOSE.

    The purpose of this Act is to require Congressional reexamination 
and review of selected Federal programs once every 5 years.

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

    (a) Definitions.--In this Act:
            (1) Agency.--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.
            (2) Budget authority.--The term ``budget authority'' has 
        the same meaning given that term in section 3(2) of the 
        Congressional Budget Act of 1974.
            (3) Comptroller general.--The term ``Comptroller General'' 
        means the Comptroller General of the United States.
            (4) Permanent budget authority.--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.
    (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 1998. 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 1998 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) Review Date.--For purposes of titles I, II, and III of this 
Act, the review date applicable to a program is the date specified for 
such program under section 201(b).

              TITLE I--FEDERAL PROGRAM REVIEW BY CONGRESS

SEC. 101. JOINT COMMITTEE ON SUNSET REVIEW OF FEDERAL PROGRAMS.

    (a) Establishment.--
            (1) Committee membership.--There is established not later 
        than 60 days after the date of enactment a Joint Committee on 
        Sunset Review of Federal Programs (in this title referred to as 
        the ``Joint Committee'') to be composed of 8 Members of the 
        Senate to be appointed by the President and Minority Leader of 
        the Senate, and 8 Members of the House of Representatives to be 
        appointed by the Speaker and Minority Leader. In each instance, 
        not more than 4 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 Senate and the House of Representatives with the 
        first Chairman being selected from Members of the Senate.
            (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. Such hearings must be 
        held in public. The Joint Committee may appoint and fix the 
        compensation of not more than 3 professional staff. The Joint 
        Committee may use the services, information, and facilities of 
        the departments and agencies of the Federal Government that 
        have jurisdiction of the programs being reviewed by the Joint 
        Committee.
    (b) Function.--
            (1) In general.--In each year, the Joint Committee shall 
        review the programs that have review dates, set under section 
        201(b), which will occur on September 30 of the following year 
        to determine if such programs should be reauthorized or 
        terminated.
            (2) Criteria.--The Joint Committee shall consider the 
        following criteria in determining if a program should be 
        reauthorized or terminated:
                    (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 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 not later than December 31 of the year preceding the 
        year of a program's review date a recommendation for the 
        extension, including extension with change, or termination of 
        the program. Each such recommendation shall be voted on in 
        public by the Joint Committee and shall be published.
    (c) Legislative Committees.--
            (1) In general.--Each year, each legislative committee 
        shall review the programs within the jurisdiction of the 
        committee subject to review under section 201(b) for that year.
            (2) Recommendations of the joint committee.--The 
        legislative committee shall--
                    (A) consider the recommendations of the Joint 
                Committee with respect to programs reviewed; and
                    (B) with respect to any program recommended for 
                termination by the Joint Committee, report legislation 
                terminating the program or reauthorizing the program.
    (d) Special Requests.--
            (1) Members of congress.--A Member of the Senate or House 
        of Representatives may submit to the Joint Committee a written 
        recommendation that a program be terminated. Any such 
        recommendation shall address each of the criteria set forth in 
        subsection (b)(2) and shall contain the views of each 
        department or agency of the executive branch which is 
        responsible for the administration of a program subject to 
        reexamination pursuant to this section. The Joint Committee may 
        consider in advance of the review schedule set forth in 
        subsection (b)(1) each such recommendation.
            (2) Citizens.--The Joint Committee may consider in advance 
        of the review schedule set forth in subsection (b)(1) a written 
        petition for termination of a program submitted by a United 
        States citizen who is of voting age. Any such petition shall 
        address each of the criteria set forth in subsection (b)(2).

SEC. 102. POINT OF ORDER.

    (a) Failure To Terminate or Reauthorize.--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 review 
date applicable to such program under section 201(b) if the program was 
recommended for termination by the Joint Committee and was not 
reauthorized, unless the provision of such new budget authority is 
specifically authorized by a law which constitutes a required 
authorization for such program.
    (b) Supermajority Requirement.--This section may be waived or 
suspended only by the affirmative vote of three-fifths of the Members, 
duly chosen and sworn. An affirmative vote of three-fifths of the 
Members, duly chosen and sworn, shall be required in the Senate and the 
House of Representatives to sustain an appeal of a ruling of the Chair 
on a point of order sustained under this section.

SEC. 103. 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 201 shall, by the first Monday of 
June the year before the review year for that program, submit to the 
Joint Committee a report of its findings, recommendations, and 
justifications with respect to each of the matters set forth in section 
101(b)(3).

        TITLE II--SCHEDULE OF SUNSET REVIEW OF FEDERAL PROGRAMS

SEC. 201. REVIEW.

    (a) In General.--Each Federal program (except those listed in 
section 202) shall be reviewed at least once during each sunset review 
cycle during Congress in which the review date applicable to such 
program (pursuant to subsection (b)) occurs.
    (b) Review Date.--The first review date applicable to a Federal 
program is the date specified in the following table, and each 
subsequent review date applicable to a program is 5 years.

                                                                        
                         Programs included within    First sunset review
                          subfunctional category            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.                                    
                        050 National Defense.        September 30, 2001.
                        051 Department of Defense--                     
                         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, 2002.
                         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, 2003.
                         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, 2004.
                         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.                                          
                                                                        

SEC. 202. PROGRAMS NOT SUBJECT TO REVIEW.

    Section 201 shall not apply to the following:
            (1) Programs included within functional category 900 
        (Interest).
            (2) 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.
            (3) Programs that 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).
            (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).
            (5) Programs included in the fiscal year 1997 budget in 
        subfunctional categories 701 (Income security for veterans), 
        704 (Veterans housing), and programs for providing health care 
        which are included in such budget in subfunctional category 703 
        (Hospital and medical care for veterans).
            (6) 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.
            (7) Programs included within subfunctional category 373 
        (Deposit insurance).

                      TITLE III--PROGRAM INVENTORY

SEC. 301. 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 Congress in carrying out the requirements of titles I and II. 
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.--Not later than 120 days of the date of enactment 
of this Act, the Comptroller General, after consultation with the 
Director of the Congressional Budget Office, the Director of the 
Congressional Research Service, and each committee of the Senate and 
the House of Representatives, shall submit the program inventory to the 
Senate and the 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 each 
committee of the Senate and the House of Representatives and 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 that classifies each program in only 1 
functional and only 1 subfunctional category and that 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 that 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 review 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 that are not required to be 
reviewed 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 4 fiscal 
        years and, where applicable, the 4 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. 302. 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 that would aid in the 
compilation of the program inventory.

SEC. 303. 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. 304. REVISION OF PROGRAM INVENTORY.

    (a) Review and Revision.--The Comptroller General, after the close 
of each session of Congress, shall review and revise the program 
inventory and report the revisions to the Senate and the House of 
Representatives.
    (b) Report.--After the close of each session of 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, that 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 5 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 5 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) New Budget Authority Not Authorized.--Not later than 1 year 
after the first or any subsequent review 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 review 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 (a). 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.

                        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 of 
Federal Programs presented after the day on which the President 
transmits the budget to 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 304, and titles I and II 
are enacted by 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 that 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 that has legislative jurisdiction over 
such program, or to the Joint Committee on Sunset Review of Federal 
Programs, 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 5 years thereafter, 
setting forth their findings and recommendations. Such reviews and 
reports may be conducted jointly.
                                 <all>