Library / Laws / 113th / s / S. 554 / Introduced in Senate
II
113th CONGRESS
1st Session
S. 554
IN THE SENATE OF THE UNITED STATES
March 13, 2013
Mr. Isakson (for
himself, Mrs. Shaheen,
Mr. Enzi, Mr.
Manchin, Ms. Klobuchar, and
Mr. King) introduced the following bill;
which was read twice and referred to the Committee on the Budget
A BILL
To provide for a biennial budget process and a biennial
appropriations process and to enhance oversight and the performance of the
Federal Government.
1.
Short title
This Act may be cited as the
Biennial Budgeting and Appropriations
Act.
2.
Revision of
timetable
Section 300 of the
Congressional Budget Act of 1974 (2 U.S.C. 631) is amended to read as
follows:
300.
Timetable
(a)
In
General
Except as provided by subsection (b), the timetable with
respect to the congressional budget process for any Congress (beginning with
the One Hundred Thirteenth Congress) is as follows:
First Session
On or before:Action to be completed:
First Monday in FebruaryPresident submits budget
recommendations.
February
15Congressional Budget Office submits report to Budget
Committees.
Not
later than 6 weeks after budget submissionCommittees submit views and estimates
to Budget Committees.
April
1Budget
Committees report concurrent resolution on the biennial budget.
May
15Congress completes action on concurrent resolution on
the biennial budget.
May
15Biennial appropriation bills may be considered in the
House.
June
10House
Appropriations Committee reports last biennial appropriation bill.
June
30House
completes action on biennial appropriation bills.
August
1Congress
completes action on reconciliation legislation.
October
1Biennium
begins.
Second Session
On or before:Action to be completed:
February
15President submits budget review.
Not
later than 6 weeks after President submits budget reviewCongressional Budget
Office submits report to Budget Committees.
The last
day of the sessionCongress completes action on bills and resolutions
authorizing new budget authority for the succeeding biennium.
(b)
Special
Rule
In the case of any first session of Congress that begins in
any year immediately following a leap year and during which the term of a
President (except a President who succeeds himself or herself) begins, the
following dates shall supersede those set forth in subsection (a):
First Session
On or before:Action to be completed:
First
Monday in AprilPresident submits budget recommendations.
April
20Committees submit views and estimates to Budget
Committees.
May
15Budget
Committees report concurrent resolution on the biennial budget.
June
1Congress
completes action on concurrent resolution on the biennial budget.
July
1Biennial
appropriation bills may be considered in the House.
July
20House
completes action on biennial appropriation bills.
August
1Congress
completes action on reconciliation legislation.
October
1Biennium
begins.
.
3.
Amendments to
the Congressional Budget and Impoundment Control Act of 1974
(a)
Declaration of
Purpose
Section 2(2) of the Congressional Budget and Impoundment
Control Act of 1974 (2 U.S.C. 621(2)) is amended by striking each
year and inserting biennially.
(b)
Definitions
(1)
Budget
resolution
Section 3(4) of such Act (2 U.S.C. 622(4)) is amended
by striking fiscal year each place it appears and inserting
biennium.
(2)
Biennium
Section
3 of such Act (2 U.S.C. 622) is further amended by adding at the end the
following new paragraph:
(12) The term
biennium means the period of 2 consecutive fiscal years beginning
on October 1 of any odd-numbered
year.
.
(c)
Biennial
Concurrent Resolution on the Budget
(1)
Section
heading
The section heading of section 301 of such Act (2 U.S.C.
632) is amended by striking Annual and inserting
Biennial.
(2)
Contents of
resolution
Section 301(a) of such Act (2 U.S.C. 632(a)) is
amended—
(A) in the matter
preceding paragraph (1) by—
(i) striking
April 15 of each year and inserting May 15 of each
odd-numbered year;
(ii) striking
the fiscal year beginning on October 1 of such year the first
place it appears and inserting the biennium beginning on October 1 of
such year; and
(iii) striking
the fiscal year beginning on October 1 of such year the second
place it appears and inserting each fiscal year in such
period;
(B) in paragraph
(6)—
(i) by
striking For purposes and inserting for purposes;
and
(ii) by
striking for the fiscal year and inserting for each
fiscal year in the biennium; and
(C) in paragraph
(7)—
(i) by
striking For purposes and inserting for purposes;
and
(ii) by
striking for the fiscal year and inserting for each
fiscal year in the biennium.
(3)
Additional
matters
Section 301(b)(3) of such Act (2 U.S.C. 632(b)(3)) is
amended by striking for such fiscal year and inserting
for either fiscal year in such biennium.
(4)
Views of other
committees
Section 301(d) of such Act (2 U.S.C. 632(d)) is
amended by inserting (or, if applicable, as provided by section
300(b)) after United States Code.
(5)
Hearings
Section
301(e)(1) of such Act (2 U.S.C. 632(e)(1)) is amended by—
(A) striking
fiscal year and inserting biennium; and
(B) inserting after
the second sentence the following: On or before April 1 of each
odd-numbered year (or, if applicable, as provided by section 300(b)), the
Committee on the Budget of each House shall report to its House the concurrent
resolution on the budget referred to in subsection (a) for the biennium
beginning on October 1 of that year..
(6)
Goals for
reducing unemployment
Section 301(f) of such Act (2 U.S.C.
632(f)) is amended by striking fiscal year each place it appears
and inserting biennium.
(7)
Economic
assumptions
Section 301(g)(1) of such Act (2 U.S.C. 632(g)(1)) is
amended by striking for a fiscal year and inserting for a
biennium.
(8)
Table of
contents
The table of contents set forth in section 1(b) of such
Act is amended by striking the item relating to section 301 and inserting the
following:
Sec. 301. Biennial adoption of concurrent resolution on the
budget.
.
(d)
Committee
Allocations
Section 302 of such Act (2 U.S.C. 633) is
amended—
(1) in subsection
(a)
(A) in paragraph (1),
by—
(i) striking
for the first fiscal year of the resolution, and inserting
for each fiscal year in the biennium,;
(ii) striking
for that period of fiscal years and inserting for all
fiscal years covered by the resolution; and
(iii) striking
for the fiscal year of that resolution and inserting for
each fiscal year in the biennium; and
(B) in paragraph
(5)(A), by striking April 15 and inserting May 15 or June
1 (under section 300(b));
(2) in subsection
(b), by striking budget year and inserting
biennium;
(3) in subsection (c)
by striking for a fiscal year each place it appears and
inserting for each fiscal year in the biennium;
(4) in subsection
(f)(1), by striking for a fiscal year and inserting for a
biennium;
(5) in subsection
(f)(1), by striking the first fiscal year and inserting
each fiscal year of the biennium;
(6) in subsection
(f)(2)(A), by—
(A) striking
the first fiscal year and inserting each fiscal year of
the biennium; and
(B) striking
the total of fiscal years and inserting the total of all
fiscal years covered by the resolution; and
(7) in subsection
(g)(1)(A), by striking April and inserting
May.
(e)
Section
303 Point of Order
(1)
In
general
Section 303(a) of such Act (2 U.S.C. 634(a)) is amended
by—
(A) striking
for a fiscal year and inserting for a
biennium;
(B) striking
the first fiscal year and inserting each fiscal year of
the biennium; and
(C) striking
that fiscal year each place it appears and inserting that
biennium.
(2)
Exceptions in
the house
Section 303(b)(1) of such Act (2 U.S.C. 634(b)(1)) is
amended—
(A) in subparagraph
(A), by striking the budget year and inserting the
biennium; and
(B) in subparagraph
(B), by striking the fiscal year and inserting the
biennium.
(3)
Application to
the senate
Section 303(c)(1) of such Act (2 U.S.C. 634(c)(1)) is
amended by—
(A) striking
fiscal year and inserting biennium; and
(B) striking
that year and inserting each fiscal year of that
biennium.
(f)
Permissible
Revisions of Concurrent Resolutions on the Budget
Section 304 of
such Act (2 U.S.C. 635) is amended—
(1) by striking
fiscal year the first two places it appears and inserting
biennium; and
(2) by striking
for such fiscal year and inserting for such
biennium.
(g)
Procedures for
Consideration of Budget Resolutions
Section 305 of such Act (2
U.S.C. 636) is amended—
(1) in subsection
(a)(3), by striking fiscal year and inserting
biennium; and
(2) in subsection
(b)(3), by striking fiscal year and inserting
biennium.
(h)
Completion of
House Action on Appropriation Bills
Section 307 of such Act (2
U.S.C. 638) is amended—
(1) by striking
each year and inserting each odd-numbered
year;
(2) by striking
annual and inserting biennial;
(3) by striking
fiscal year and inserting biennium; and
(4) by striking
that year and inserting that odd-numbered
year.
(i)
Completion of
Action on Regular Appropriation Bills
Section 309 of such Act (2
U.S.C. 640) is amended—
(1) by inserting
of any odd-numbered year after July;
(2) by striking
annual and inserting biennial;
(3) by striking
fiscal year and inserting biennium; and
(4) by striking
such year and inserting such odd-numbered
year.
(j)
Reconciliation
Process
Section 310(a) of such Act (2 U.S.C. 641(a)) is
amended—
(1) in the matter
preceding paragraph (1), by striking any fiscal year and
inserting any biennium; and
(2) in paragraph (1)
by striking such fiscal year each place it appears and inserting
any fiscal year covered by such resolution.
(k)
Section
311 Point of Order
(1)
In the
house
Section 311(a)(1) of such Act (2 U.S.C. 642(a)(1)) is
amended—
(A) by striking
for a fiscal year and inserting for a
biennium;
(B) by striking
the first fiscal year each place it appears and inserting
either fiscal year of the biennium; and
(C) by striking
that first fiscal year and inserting each fiscal year in
the biennium.
(2)
In the
senate
Section 311(a)(2) of such Act (2 U.S.C. 642(a)(2)) is
amended—
(A) in subparagraph
(A), by striking for the first fiscal year and inserting
for either fiscal year of the biennium; and
(B) in subparagraph
(B)—
(i) by
striking that first fiscal year the first place it appears and
inserting each fiscal year in the biennium; and
(ii) by
striking that first fiscal year and the ensuing fiscal years and
inserting all fiscal years.
(3)
Social security
levels
Section 311(a)(3) of such Act (2 U.S.C. 642(a)(3)) is
amended by—
(A) striking
for the first fiscal year and inserting each fiscal year
in the biennium; and
(B) striking
that fiscal year and the ensuing fiscal years and inserting
all fiscal years.
(l)
MDA Point of
Order
Section 312(c) of such Act (2 U.S.C. 643) is
amended—
(1) by striking
for a fiscal year and inserting for a
biennium;
(2) in paragraph (1),
by striking the first fiscal year and inserting either
fiscal year in the biennium;
(3) in paragraph (2),
by striking that fiscal year and inserting either fiscal
year in the biennium; and
(4) in the matter
following paragraph (2), by striking that fiscal year and
inserting the applicable fiscal year.
4.
Amendments to
title 31, United States Code
(a)
Definition
Section
1101 of title 31, United States Code, is amended by adding at the end the
following:
(3) biennium
has the meaning given that term in paragraph (12) of section 3 of the
Congressional Budget and Impoundment Control Act of 1974 (2 U.S.C.
622).
.
(b)
Budget Contents
and Submission to the Congress
(1)
Schedule
The
matter preceding paragraph (1) in section 1105(a) of title 31, United States
Code, is amended to read as follows:
(a) On or before the
first Monday in February of each odd-numbered year (or, if applicable, as
provided by section 300(b) of the Congressional Budget Act of 1974), beginning
with the One Hundred Fourteenth Congress, the President shall transmit to the
Congress, the budget for the biennium beginning on October 1 of such calendar
year. The budget of the United States Government transmitted under this
subsection shall include a budget message and summary and supporting
information. The President shall include in each budget the
following:
.
(2)
Expenditures
Section
1105(a)(5) of title 31, United States Code, is amended by striking the
fiscal year for which the budget is submitted and the 4 fiscal years after that
year and inserting each fiscal year in the biennium for which
the budget is submitted and in the succeeding 4 fiscal years.
(3)
Receipts
Section
1105(a)(6) of title 31, United States Code, is amended by striking the
fiscal year for which the budget is submitted and the 4 fiscal years after that
year and inserting each fiscal year in the biennium for which
the budget is submitted and in the succeeding 4 years.
(4)
Balance
statements
Section 1105(a)(9)(C) of title 31, United States Code,
is amended by striking the fiscal year and inserting each
fiscal year in the biennium.
(5)
Functions and
activities
Section 1105(a)(12)(A) of title 31, United States
Code, is amended by striking the fiscal year and inserting
each fiscal year in the biennium.
(6)
Allowances
Section
1105(a)(13) of title 31, United States Code, is amended by striking the
fiscal year and inserting each fiscal year in the
biennium.
(7)
Allowances for
uncontrolled expenditures
Section 1105(a)(14) of title 31, United
States Code, is amended by striking that year and inserting
each fiscal year in the biennium for which the budget is
submitted.
(8)
Tax
expenditures
Section 1105(a)(16) of title 31, United States Code,
is amended by striking the fiscal year and inserting each
fiscal year in the biennium.
(9)
Future
years
Section 1105(a)(17) of title 31, United States Code, is
amended—
(A) by striking
the fiscal year following the fiscal year and inserting
each fiscal year in the biennium following the biennium;
(B) by striking
that following fiscal year and inserting each such fiscal
year; and
(C) by striking
fiscal year before the fiscal year and inserting biennium
before the biennium.
(10)
Prior year
outlays
Section 1105(a)(18) of title 31, United States Code, is
amended—
(A) by striking
the prior fiscal year and inserting each of the 2 most
recently completed fiscal years,;
(B) by striking
for that year and inserting with respect to those fiscal
years; and
(C) by striking
in that year and inserting in those fiscal
years.
(11)
Prior year
receipts
Section 1105(a)(19) of title 31, United States Code, is
amended—
(A) by striking
the prior fiscal year and inserting each of the 2 most
recently completed fiscal years;
(B) by striking
for that year and inserting with respect to those fiscal
years; and
(C) by striking
in that year each place it appears and inserting in those
fiscal years.
(12)
Homeland
security
Section 1105(a)(35)(A)(i) of title 31, United States
Code, is amended in the matter preceding subclause (I), by striking the
fiscal years for which the budget is submitted and inserting
each fiscal year in the biennium for which the budget is
submitted.
(13)
EESA
Section
1105(a)(36) of title 31, United States Code, is amended in the matter preceding
subparagraph (A), by striking the fiscal year for which the budget is
submitted and inserting each fiscal year in the biennium for
which the budget is submitted.
(14)
Veterans
health
Section 1105(a) of title 31, United States Code, is
amended in the first paragraph designated as paragraph (37) (relating to
medical care accounts of the Veterans Health Administration), by striking
the fiscal year for which the budget is submitted and inserting
each fiscal year in the biennium for which the budget is
submitted.
(A)
Technical
amendment
Section 1105(a) of title 31, United States Code, is
amended by redesignating the second paragraph designated as paragraph (37)
(relating to plans and reports identified for elimination or consolidation) as
paragraph (39).
(c)
Estimated
Expenditures of Legislative and Judicial Branches
Section 1105(b)
of title 31, United States Code, is amended by striking each
year and inserting each even-numbered year.
(d)
Recommendations
To Meet Estimated Deficiencies
Section 1105(c) of title 31,
United States Code, is amended—
(1) by striking
the fiscal year for the first place it appears and inserting
each fiscal year in the biennium for;
(2) by striking
the fiscal year for the second place it appears and inserting
each fiscal year of the biennium, as the case may be, for;
and
(3) by striking
for that year and inserting for each fiscal year of the
biennium.
(e)
Capital
Investment Analysis
Section 1105(e)(1) of title 31, United States
Code, is amended by striking ensuing fiscal year and inserting
biennium to which such budget relates.
(f)
Supplemental
Budget Estimates and Changes
(1)
In
general
Section 1106(a) of title 31, United States Code, is
amended—
(A) in the matter
preceding paragraph (1), by—
(i) inserting after
Before July 16 of each year the following: and February
15 of each even-numbered year; and
(ii) striking
fiscal year and inserting biennium;
(B) in paragraph (1),
by striking that fiscal year and inserting each fiscal
year in such biennium;
(C) in paragraph (2),
by striking fiscal year and inserting biennium;
and
(D) in paragraph (3),
by striking fiscal year and inserting
biennium.
(2)
Changes
Section
1106(b) of title 31, United States Code, is amended by—
(A) inserting after
Before July 16 of each year the following: and February
15 of each even-numbered year;
(B) striking
the fiscal year and inserting each fiscal year in the
biennium; and
(C) striking
submitted before July 16 and inserting required by this
subsection.
(g)
Current
Programs and Activities Estimates
(1)
In
general
Section 1109(a) of title 31, United States Code, is
amended—
(A) by striking
On or before the first Monday after January 3 of each year (on or before
February 5 in 1986) and inserting At the same time the budget
required by section 1105 is submitted for a biennium; and
(B) by striking
the following fiscal year and inserting each fiscal year
of such period.
(2)
Joint economic
committee
Section 1109(b) of title 31, United States Code, is
amended by striking before March 1 of each year and inserting
within 6 weeks of the President’s budget submission for each
odd-numbered year (or, if applicable, as provided by section 300(b) of the
Congressional Budget Act of 1974).
(h)
Year-Ahead
Requests for Authorizing Legislation
Section 1110 of title 31,
United States Code, is amended by—
(1) striking
May 16 and inserting March 31; and
(2) striking
year before the year in which the fiscal year begins and
inserting calendar year preceding the calendar year in which the
biennium begins.
5.
Two-year
appropriations; title and style of appropriations Acts
Section 105 of title 1, United States Code,
is amended to read as follows:
105.
Title and
style of appropriations Acts
(a) The style and
title of all Acts making appropriations for the support of the Government shall
be as follows: An Act making appropriations (here insert the object) for
each fiscal year in the biennium of fiscal years (here insert the fiscal years
of the biennium)..
(b) All Acts making
regular appropriations for the support of the Government shall be enacted for a
biennium and shall specify the amount of appropriations provided for each
fiscal year in such period.
(c) For purposes of
this section, the term biennium has the same meaning as in section
3(12) of the Congressional Budget and Impoundment Control Act of 1974 (2 U.S.C.
622(12)).
.
6.
Multiyear
authorizations
(a)
In
General
Title III of the Congressional Budget Act of 1974 is
amended by adding at the end the following:
316.
Authorizations of
appropriations
(a)
Point of
Order
It shall not be in order in the House of Representatives or
the Senate to consider—
(1) any bill, joint
resolution, amendment, motion, or conference report that authorizes
appropriations for a period of less than 2 fiscal years, unless the program,
project, or activity for which the appropriations are authorized will require
no further appropriations and will be completed or terminated after the
appropriations have been expended; and
(2) in any
odd-numbered year, any authorization or revenue bill or joint resolution until
Congress completes action on the biennial budget resolution, all regular
biennial appropriations bills, and all reconciliation bills.
(b)
Applicability
In
the Senate, subsection (a) shall not apply to—
(1) any measure that
is privileged for consideration pursuant to a rule or statute;
(2) any matter
considered in Executive Session; or
(3) an appropriations
measure or reconciliation
bill.
.
(b)
Amendment to
Table of Contents
The table of contents in section 1(b) of the
Congressional Budget and Impoundment Control Act of 1974 is amended by
inserting after the item relating to section 315 the following:
Sec. 316. Authorizations of
appropriations.
.
7.
Government plans
on a biennial basis
(a)
Managerial
Accountability and Flexibility
Section 9703 of title 31, United
States Code, relating to managerial accountability, is amended—
(1) in subsection
(a)—
(A) in the first
sentence by striking annual; and
(B) by striking
section 1105(a)(29) and inserting section
1105(a)(28); and
(2) in subsection
(e)—
(A) in the first
sentence by striking one or;
(B) in the second
sentence by striking a subsequent year and inserting a
subsequent 2-year period; and
(C) in the third
sentence by striking three and inserting
4.
(b)
Pilot Projects
for Performance Budgeting
Section 1119 of title 31, United States
Code, is amended—
(1) in subsection
(d)(1), by striking annual and inserting
biennial; and
(2) in subsection
(e), by striking annual and inserting
biennial.
(c)
Strategic
Plans
Section 2802 of title 39, United States Code, is
amended—
(1) is subsection
(a), by striking September 30, 1997 and inserting
September 30, 2015;
(2) in subsection
(b)—
(A) by striking
five years forward and inserting 6 years forward;
and
(B) by striking
at least every three years and inserting at least every 4
years; and
(3) in subsection
(c)—
(A) by striking
section the second place it appears and inserting
section, including a strategic plan submitted by September 30, 2015
meeting the requirements of subsection (a).
(d)
Performance
Plans
Section 2803(a) of title 39, United States Code, is
amended—
(1) in the matter
before paragraph (1), by striking an annual and inserting
a biennial;
(2) in paragraph (1),
by inserting after program activity the following: for
each years 1 and 2 of the biennial plan;
(3) in paragraph (5),
by striking and after the semicolon;
(4) in paragraph (6),
by striking the period and inserting ; and; and
(5) by adding after
paragraph (6) the following:
(7) cover a 2-year
period beginning with the first fiscal year of the next biennial budget
cycle.
.
(e)
Committee Views
of Plans and Reports
Section 301(d) of the Congressional Budget
Act (2 U.S.C. 632(d)) is amended by adding at the end Each committee of
the Senate or the House of Representatives shall review the strategic plans,
performance plans, and performance reports, required under section 306 of title
5, United States Code, and sections 1115 and 1116 of title 31, United States
Code, of all agencies under the jurisdiction of the committee. Each committee
may provide its views on such plans or reports to the Committee on the Budget
of the applicable House..
(f)
Effective
Date
(1)
In
general
The amendments made by this section shall take effect on
March 1, 2015.
(2)
Agency
actions
Effective on and after the date of enactment of this Act,
each agency shall take such actions as necessary to prepare and submit any plan
or report in accordance with the amendments made by this Act.
8.
Biennial
appropriations bills
(a)
In
General
Title III of the Congressional Budget Act of 1974 (2
U.S.C. 631 et seq.), as amended by section 6(a), is amended by adding at the
end the following:
317.
Consideration of biennial appropriations
bills
It shall not be
in order in the House of Representatives or the Senate in any odd-numbered year
to consider any regular bill providing new budget authority or a limitation on
obligations under the jurisdiction of any of the subcommittees of the
Committees on Appropriations for only the first fiscal year of a biennium,
unless the program, project, or activity for which the new budget authority or
obligation limitation is provided will require no additional authority beyond 1
year and will be completed or terminated after the amount provided has been
expended.
.
(b)
Amendment to
Table of Contents
The table of contents in section 1(b) of the
Congressional Budget and Impoundment Control Act of 1974 is amended by
inserting after the item relating to section 316, as added by section 6(b) the
following:
Sec. 317. Consideration of biennial
appropriations
bills.
.
9.
Report on
two-year fiscal period
Not
later than 180 days after the date of enactment of this Act, the Director of
the Office of Management and Budget shall—
(1) determine the
impact and feasibility of changing the definition of a fiscal year and the
budget process based on that definition to a 2-year fiscal period with a
biennial budget process based on the 2-year period; and
(2) report the
findings of the study to the Committee on the Budget of the House of
Representatives and the Committee on the Budget of Senate.
10.
Effective
date
Except as provided in
section 7, this Act and the amendments made by this Act shall take effect on
January 1, 2015, and shall apply to budget resolutions and appropriations for
the biennium beginning with fiscal year 2016.