[Congressional Record Volume 144, Number 22 (Friday, March 6, 1998)]
[Senate]
[Pages S1529-S1533]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. WYDEN:
  S. 1730. A bill to require Congressional review of Federal programs 
at least every 5 years, and for other purposes; to the Committee on 
Governmental Affairs.


             the federal program sunset review act of 1998

  Mr. WYDEN. Mr. President, someone once said that the only thing which 
truly lives forever is a Government program in Washington, DC. I am 
introducing legislation today to rein in the growth of those big 
Government programs and to require the Congress to stop rubberstamping 
programs in this body. The sunset legislation that I put forward today 
will require the key programs of Government to face regular scrutiny 
and stand or fall on their merits.
  This legislation would give Congress a new and powerful tool to rein 
in the bureaucracy and create a Federal Government that would be 
smaller, less costly, and more accountable to the American people.
  The legislation that I introduce today would establish a special 
bipartisan, bicameral congressional committee which would be charged 
with reviewing the key programs of Government every 5 years. Any U.S. 
citizen of voting age could petition this committee for the termination 
of these programs. If the committee recommended termination and 
Congress failed to reauthorize that program within 1 year of that 
recommendation, it would then become impossible to provide any 
appropriation for that program without a three-fifths vote in both 
Houses. In other words, a sunset law would provide a mechanism for 
shutting the door on unneeded, mismanaged, or failed efforts in 
Government.
  This legislation would end the inertia which sometimes carries 
Federal programs forward in perpetuity. It would

[[Page S1530]]

be a meaningful, effective check on the continual growth of Government.
  Mr. President, I think that each of us sees, as we look at the 
Federal budget and carry out our duties, some programs that we believe 
have served their purpose and can be terminated, some programs that 
were mistakes in the first place, some that were well-intentioned and 
just have not worked out.
  I look, for example, at programs like the 1872 mining statute which 
costs the Government about $1 billion per year; the tobacco subsidy 
programs where we continue to pay out vast sums year after year and 
then have to encourage, through public education campaigns, individuals 
not to smoke. I see fighter jet programs that cost billions; the $4.7 
billion National Ignition Facility. The list goes on and on.
  So it is time, Mr. President, to look at new tools to put the brakes 
on some of this spending. The legislation that I am introducing today 
will do that by putting an end to programs and providing an end date 
for those programs that would otherwise sit on the shelf forever. 
Twenty-four States, including my own, already have statutes like the 
Federal sunset law that I propose to the Senate today.
  What has been the experience of those sunset laws? One analysis found 
that during a 5-year period, as many as 23 percent of the agencies 
reviewed under States' sunset laws were eliminated, including some 
legislative dinosaurs that would oversee lightning rod salesmen, septic 
tank cleaners, tourist guides, massage therapists, rainmakers, horse 
hunters, textbook salesmen, and even tattoo artists.
  Sunset laws have given the State governments the chance to streamline 
and rationalize the myriad of agencies that spring up as governmental 
bodies respond to the concerns of the moment. I am of the view that the 
Federal Government needs a similar process to help clean up what former 
President Reagan used to call ``the puzzle palaces on the Potomac.''
  At its heart, the legislation that I introduce today calls for using 
a sunset concept on Federal programs as a tool for good and careful 
government. There is a tendency in Washington, DC, to focus exhaustive 
attention on programs before they are created and then virtually ignore 
them from that point out. I sat on the Oversight and Investigations 
Subcommittee of the Commerce Committee as a Member of the other body, 
and I saw firsthand that the Congress can spend an extraordinary amount 
of time and effort trying to pass laws and very little to actually see 
if what is on the books works.
  Requiring that each and every program is periodically reauthorized 
would focus the Congress' attention and the attention of the media on 
the operations and effectiveness of individual Government programs in a 
way that is simply not done today. It will, in my view, increase the 
pressure on agency managers to perform and do so in a cost-effective 
fashion. I suspect that some Federal agencies will function a bit 
differently when they know that there is a certainty of accountability 
and potential termination of their program that hangs over them.
  Mr. President, when any Member of this body has a town meeting at 
home, they will hear from citizens who are tired of Government programs 
that don't work and still grow larger each year. Now is the time for 
the Senate to establish a system to assure that only those parts of 
Government are kept that work and that there is a renewed effort to 
terminate programs which simply take up space and waste the taxpayers' 
money. Our constituents deserve better.
  The States have found that sunset laws can provide them the 
opportunity to reduce waste while still keeping programs that work, and 
I believe that it is high time for the U.S. Senate to pass favorably on 
the sunset concept that is working at the State level across this 
country.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1730

       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.

[[Page S1531]]

       (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.

 
                                                     First sunset review
  Programs included within 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 Activities                       September 30, 2002.
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 Affairs                       September 30, 2003.
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 Development and Humanitarian       September 30, 2004.
 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

[[Page S1532]]

     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

[[Page S1533]]

     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.

                          ____________________