< Back to S. 211 (112th Congress, 2011–2013)

Text of the Biennial Budgeting and Appropriations Act

This bill was introduced on January 27, 2011, in a previous session of Congress, but was not enacted. The text of the bill below is as of Jan 27, 2011 (Introduced).

Source: GPO

II

112th CONGRESS

1st Session

S. 211

IN THE SENATE OF THE UNITED STATES

January 27, 2011

(for himself, Mrs. Shaheen, Mr. Alexander, Mr. Vitter, Mr. Thune, Mr. Crapo, Mr. Chambliss, Mr. Corker, and Mr. Harkin) 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 Eleventh 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:

(11)

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 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), by striking for the fiscal year and inserting for each fiscal year in the biennium; and

(C)

in paragraph (7), 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)) 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)) 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 item relating to section 301 in the table of contents set forth in section 1(b) of such Act is amended by striking Annual and inserting Biennial.

(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), 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 the first fiscal year and inserting each fiscal year of the biennium; and

(B)

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)) 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)) 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(a) 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(3)) 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 each 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 calendar year after July;

(2)

by striking annual and inserting biennial; and

(3)

by striking fiscal year and inserting biennium.

(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)) 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 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 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 the Congressional Budget Act of 1974 (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 thereof the following new paragraph:

(3)

biennium has the meaning given to such term in paragraph (11) of section 3 of the Congressional Budget and Impoundment Control Act of 1974 (2 U.S.C. 622(11)).

.

(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 Thirteenth 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) of title 31, United States Code, is amended in subparagraph (A), 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.

(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)

striking the fiscal year and inserting each fiscal year in the biennium;

(B)

inserting after Before July 16 of each year the following: and February 15 of each even-numbered year; 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 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(11) of the Congressional Budget and Impoundment Control Act of 1974 (2 U.S.C. 622(11)).

.

6.

Multiyear authorizations

(a)

In General

Title III of the Congressional Budget Act of 1974 is amended by adding at the end the following new section:

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 set forth in section 1(b) of the Congressional Budget and Impoundment Control Act of 1974 is amended by adding after the item relating to section 315 the following new item:

Sec. 316. Authorizations of appropriations.

.

7.

Government plans on a biennial basis

(a)

Strategic Plans

Section 306 of title 5, United States Code, is amended—

(1)

in subsection (a), by striking September 30, 1997 and inserting September 30, 2013;

(2)

in subsection (b)—

(A)

by striking five years forward and inserting 6 years forward;

(B)

by striking at least every three years and inserting at least every 4 years; and

(C)

by striking beginning with , except that through four years; and

(3)

in subsection (c), by inserting a comma after section the second place it appears and adding including a strategic plan submitted by September 30, 2013 meeting the requirements of subsection (a).

(b)

Budget Contents and Submission to Congress

Paragraph (28) of section 1105(a) of title 31, United States Code, is amended by striking beginning with fiscal year 1999, a and inserting beginning with fiscal year 2014, a biennial.

(c)

Performance Plans

Section 1115 of title 31, United States Code, is amended—

(1)

in subsection (a)—

(A)

in the matter before paragraph (1)—

(i)

by striking section 1105(a)(29) and inserting section 1105(a)(28); and

(ii)

by striking an annual and inserting a biennial;

(B)

in paragraph (1) by inserting after program activity the following: for both years 1 and 2 of the biennial plan;

(C)

in paragraph (5) by striking and after the semicolon;

(D)

in paragraph (6) by striking the period and inserting a semicolon; and inserting and after the inserted semicolon; and

(E)

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.

;

(2)

in subsection (d) by striking annual and inserting biennial; and

(3)

in paragraph (6) of subsection (f) by striking annual and inserting biennial.

(d)

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);

(2)

in subsection (e)—

(A)

in the first sentence by striking one or before years;

(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.

(e)

Pilot Projects for Performance Budgeting

Section 1119 of title 31, United States Code, is amended—

(1)

in paragraph (1) of subsection (d), by striking annual and inserting biennial; and

(2)

in subsection (e), by striking annual and inserting biennial.

(f)

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, 2013;

(2)

by striking five years forward and inserting 6 years forward;

(3)

in subsection (b), by striking at least every three years and inserting at least every 4 years; and

(4)

in subsection (c), by inserting a comma after section the second place it appears and inserting including a strategic plan submitted by September 30, 2013 meeting the requirements of subsection (a).

(g)

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 both 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.

.

(h)

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..

(i)

Effective Date

(1)

In general

The amendments made by this section shall take effect on March 1, 2013.

(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.) 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 set forth in section 1(b) of the Congressional Budget and Impoundment Control Act of 1974 is amended by adding after the item relating to section 316 the following new item:

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 OMB 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 Committees on the Budget of the House of Representatives and the 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, 2013, and shall apply to budget resolutions and appropriations for the biennium beginning with fiscal year 2014.