II
114th CONGRESS
1st Session
S. 150
IN THE SENATE OF THE UNITED STATES
January 13, 2015
Mr. Isakson (for himself, Mrs. Shaheen, Mr. Alexander, Ms. Ayotte, Mr. Barrasso, Mr. Crapo, Ms. Collins, Mr. Enzi, Mrs. Fischer, Mr. Grassley, Mr. Heinrich, Mr. Kaine, Mr. King, Ms. Klobuchar, Mr. Lankford, Mr. Manchin, Mr. McCain, Ms. Murkowski, Mr. Perdue, Mr. Portman, Mr. Vitter, Mr. Warner, Mr. Johnson, and Ms. Heitkamp) 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.
Short title
This Act may be cited as the Biennial Budgeting and Appropriations Act
.
Revision of timetable
Section 300 of the Congressional Budget Act of 1974 (2 U.S.C. 631) is amended to read as follows:
Timetable
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 Fourteenth Congress) is as follows:
| On or before: | Action to be completed: |
| First Monday in February | President submits budget recommendations. |
| February 15 | Congressional Budget Office submits report to Budget Committees. |
| Not later than 6 weeks after budget submission | Committees submit views and estimates to Budget Committees. |
| April 1 | Budget Committees report concurrent resolution on the biennial budget. |
| May 15 | Congress completes action on concurrent resolution on the biennial budget. |
| May 15 | Biennial appropriation bills may be considered in the House. |
| June 10 | House Appropriations Committee reports last biennial appropriation bill. |
| June 30 | House completes action on biennial appropriation bills. |
| August 1 | Congress completes action on reconciliation legislation. |
| October 1 | Biennium begins. |
| On or before: | Action to be completed: |
| February 15 | President submits budget review. |
| Not later than 6 weeks after President submits budget review | Congressional Budget Office submits report to Budget Committees. |
| The last day of the session | Congress completes action on bills and resolutions authorizing new budget authority for the succeeding biennium. |
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):
| On or before: | Action to be completed: |
| First Monday in April | President submits budget recommendations. |
| April 20 | Committees submit views and estimates to Budget Committees. |
| May 15 | Budget Committees report concurrent resolution on the biennial budget. |
| June 1 | Congress completes action on concurrent resolution on the biennial budget. |
| July 1 | Biennial appropriation bills may be considered in the House. |
| July 20 | House completes action on biennial appropriation bills. |
| August 1 | Congress completes action on reconciliation legislation. |
| October 1 | Biennium begins. |
.
Amendments to the Congressional Budget and Impoundment Control Act of 1974
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
.
Definitions
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
.
Biennium
Section 3 of such Act (2 U.S.C. 622) is further amended by adding at the end the following new paragraph:
The term biennium means the period of 2 consecutive fiscal years beginning on October 1 of any odd-numbered year.
.
Biennial Concurrent Resolution on the Budget
Section heading
The section heading of section 301 of such Act (2 U.S.C. 632) is amended by striking Annual
and inserting Biennial
.
Contents of resolution
Section 301(a) of such Act (2 U.S.C. 632(a)) is amended—
in the matter preceding paragraph (1) by—
striking April 15 of each year
and inserting May 15 of each odd-numbered year
;
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
striking the fiscal year beginning on October 1 of such year
the second place it appears and inserting each fiscal year in such period
;
in paragraph (6)—
by striking For purposes
and inserting for purposes
; and
by striking for the fiscal year
and inserting for each fiscal year in the biennium
; and
in paragraph (7)—
by striking For purposes
and inserting for purposes
; and
by striking for the fiscal year
and inserting for each fiscal year in the biennium
.
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
.
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
.
Hearings
Section 301(e)(1) of such Act (2 U.S.C. 632(e)(1)) is amended by—
striking fiscal year
and inserting biennium
; and
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.
.
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
.
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
.
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.
.
Committee Allocations
Section 302 of such Act (2 U.S.C. 633) is amended—
in subsection (a)—
in paragraph (1), by—
striking for the first fiscal year of the resolution,
and inserting for each fiscal year in the biennium,
;
striking for that period of fiscal years
and inserting for all fiscal years covered by the resolution
; and
striking for the fiscal year of that resolution
and inserting for each fiscal year in the biennium
; and
in paragraph (5)(A), by striking April 15
and inserting May 15 or June 1 (under section 300(b))
;
in subsection (b), by striking budget year
and inserting biennium
;
in subsection (c) by striking for a fiscal year
each place it appears and inserting for each fiscal year in the biennium
;
in subsection (f)(1), by striking for a fiscal year
and inserting for a biennium
;
in subsection (f)(1), by striking the first fiscal year
and inserting each fiscal year of the biennium
;
in subsection (f)(2)(A), by—
striking the first fiscal year
and inserting each fiscal year of the biennium
; and
striking the total of fiscal years
and inserting the total of all fiscal years covered by the resolution
; and
in subsection (g)(1)(A), by striking April
and inserting May
.
Section 303 Point of Order
In general
Section 303(a) of such Act (2 U.S.C. 634(a)) is amended by—
striking for a fiscal year
and inserting for a biennium
;
striking the first fiscal year
and inserting each fiscal year of the biennium
; and
striking that fiscal year
each place it appears and inserting that biennium
.
Exceptions in the house
Section 303(b)(1) of such Act (2 U.S.C. 634(b)(1)) is amended—
in subparagraph (A), by striking the budget year
and inserting the biennium
; and
in subparagraph (B), by striking the fiscal year
and inserting the biennium
.
Application to the senate
Section 303(c)(1) of such Act (2 U.S.C. 634(c)(1)) is amended by—
striking fiscal year
and inserting biennium
; and
striking that year
and inserting each fiscal year of that biennium
.
Permissible Revisions of Concurrent Resolutions on the Budget
Section 304 of such Act (2 U.S.C. 635) is amended—
by striking fiscal year
the first two places it appears and inserting biennium
; and
by striking for such fiscal year
and inserting for such biennium
.
Procedures for Consideration of Budget Resolutions
Section 305 of such Act (2 U.S.C. 636) is amended—
in subsection (a)(3), by striking fiscal year
and inserting biennium
; and
in subsection (b)(3), by striking fiscal year
and inserting biennium
.
Completion of House Action on Appropriation Bills
Section 307 of such Act (2 U.S.C. 638) is amended—
by striking each year
and inserting each odd-numbered year
;
by striking annual
and inserting biennial
;
by striking fiscal year
and inserting biennium
; and
by striking that year
and inserting that odd-numbered year
.
Completion of Action on Regular Appropriation Bills
Section 309 of such Act (2 U.S.C. 640) is amended—
by inserting of any odd-numbered year
after July
;
by striking annual
and inserting biennial
;
by striking fiscal year
and inserting biennium
; and
by striking such year
and inserting such odd-numbered year
.
Reconciliation Process
Section 310(a) of such Act (2 U.S.C. 641(a)) is amended—
in the matter preceding paragraph (1), by striking any fiscal year
and inserting any biennium
; and
in paragraph (1) by striking such fiscal year
each place it appears and inserting any fiscal year covered by such resolution
.
Section 311 Point of Order
In the house
Section 311(a)(1) of such Act (2 U.S.C. 642(a)(1)) is amended—
by striking for a fiscal year
and inserting for a biennium
;
by striking the first fiscal year
each place it appears and inserting either fiscal year of the biennium
; and
by striking that first fiscal year
and inserting each fiscal year in the biennium
.
In the senate
Section 311(a)(2) of such Act (2 U.S.C. 642(a)(2)) is amended—
in subparagraph (A), by striking for the first fiscal year
and inserting for either fiscal year of the biennium
; and
in subparagraph (B)—
by striking that first fiscal year
the first place it appears and inserting each fiscal year in the biennium
; and
by striking that first fiscal year and the ensuing fiscal years
and inserting all fiscal years
.
Social security levels
Section 311(a)(3) of such Act (2 U.S.C. 642(a)(3)) is amended by—
striking for the first fiscal year
and inserting each fiscal year in the biennium
; and
striking that fiscal year and the ensuing fiscal years
and inserting all fiscal years
.
MDA Point of Order
Section 312(c) of such Act (2 U.S.C. 643) is amended—
by striking for a fiscal year
and inserting for a biennium
;
in paragraph (1), by striking the first fiscal year
and inserting either fiscal year in the biennium
;
in paragraph (2), by striking that fiscal year
and inserting either fiscal year in the biennium
; and
in the matter following paragraph (2), by striking that fiscal year
and inserting the applicable fiscal year
.
Amendments to title 31, United States Code
Definition
Section 1101 of title 31, United States Code, is amended by adding at the end the following:
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).
.
Budget Contents and Submission to the Congress
Schedule
The matter preceding paragraph (1) in section 1105(a) of title 31, United States Code, is amended to read as follows:
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 Fifteenth 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:
.
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
.
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
.
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
.
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
.
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
.
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
.
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
.
Future years
Section 1105(a)(17) of title 31, United States Code, is amended—
by striking the fiscal year following the fiscal year
and inserting each fiscal year in the biennium following the biennium
;
by striking that following fiscal year
and inserting each such fiscal year
; and
by striking fiscal year before the fiscal year
and inserting biennium before the biennium
.
Prior year outlays
Section 1105(a)(18) of title 31, United States Code, is amended—
by striking the prior fiscal year
and inserting each of the 2 most recently completed fiscal years,
;
by striking for that year
and inserting with respect to those fiscal years
; and
by striking in that year
and inserting in those fiscal years
.
Prior year receipts
Section 1105(a)(19) of title 31, United States Code, is amended—
by striking the prior fiscal year
and inserting each of the 2 most recently completed fiscal years
;
by striking for that year
and inserting with respect to those fiscal years
; and
by striking in that year
each place it appears and inserting in those fiscal years
.
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
.
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
.
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
.
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).
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
.
Recommendations To Meet Estimated Deficiencies
Section 1105(c) of title 31, United States Code, is amended—
by striking the fiscal year for
the first place it appears and inserting each fiscal year in the biennium for
;
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
by striking for that year
and inserting for each fiscal year of the biennium
.
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
.
Supplemental Budget Estimates and Changes
In general
Section 1106(a) of title 31, United States Code, is amended—
in the matter preceding paragraph (1), by—
inserting after Before July 16 of each year
the following: and February 15 of each even-numbered year
; and
striking fiscal year
and inserting biennium
;
in paragraph (1), by striking that fiscal year
and inserting each fiscal year in such biennium
;
in paragraph (2), by striking fiscal year
and inserting biennium
; and
in paragraph (3), by striking fiscal year
and inserting biennium
.
Changes
Section 1106(b) of title 31, United States Code, is amended by—
inserting after Before July 16 of each year
the following: and February 15 of each even-numbered year
;
striking the fiscal year
and inserting each fiscal year in the biennium
; and
striking submitted before July 16
and inserting required by this subsection
.
Current Programs and Activities Estimates
In general
Section 1109(a) of title 31, United States Code, is amended—
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
by striking the following fiscal year
and inserting each fiscal year of such period
.
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)
.
Year-Ahead Requests for Authorizing Legislation
Section 1110 of title 31, United States Code, is amended by—
striking May 16
and inserting March 31
; and
striking year before the year in which the fiscal year begins
and inserting calendar year preceding the calendar year in which the biennium begins
.
Two-year appropriations; title and style of appropriations Acts
Section 105 of title 1, United States Code, is amended to read as follows:
Title and style of appropriations Acts
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).
.
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.
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)).
.
Multiyear authorizations
In General
Title III of the Congressional Budget Act of 1974 is amended by adding at the end the following:
Authorizations of appropriations
Point of Order
It shall not be in order in the House of Representatives or the Senate to consider—
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
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.
Applicability
In the Senate, subsection (a) shall not apply to—
any measure that is privileged for consideration pursuant to a rule or statute;
any matter considered in Executive Session; or
an appropriations measure or reconciliation bill.
.
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.
.
Government plans on a biennial basis
Managerial Accountability and Flexibility
Section 9703 of title 31, United States Code, relating to managerial accountability, is amended—
in subsection (a)—
in the first sentence by striking annual
; and
by striking section 1105(a)(29)
and inserting section 1105(a)(28)
; and
in subsection (e)—
in the first sentence by striking one or
;
in the second sentence by striking a subsequent year
and inserting a subsequent 2-year period
; and
in the third sentence by striking three
and inserting 4
.
Pilot Projects for Performance Budgeting
Section 1119 of title 31, United States Code, is amended—
in subsection (d)(1), by striking annual
and inserting biennial
; and
in subsection (e), by striking annual
and inserting biennial
.
Strategic Plans
Section 2802 of title 39, United States Code, is amended—
in subsection (a), by striking September 30, 1997
and inserting September 30, 2016
;
in subsection (b)—
by striking five years forward
and inserting 6 years forward
; and
by striking at least every three years
and inserting at least every 4 years
; and
in subsection (c)—
by striking section
the second place it appears and inserting section, including a strategic plan submitted by September 30, 2016 meeting the requirements of subsection (a)
.
Performance Plans
Section 2803(a) of title 39, United States Code, is amended—
in the matter before paragraph (1), by striking an annual
and inserting a biennial
;
in paragraph (1), by inserting after program activity
the following: for each years 1 and 2 of the biennial plan
;
in paragraph (5), by striking and
after the semicolon;
in paragraph (6), by striking the period and inserting ; and
; and
by adding after paragraph (6) the following:
cover a 2-year period beginning with the first fiscal year of the next biennial budget cycle.
.
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.
.
Effective Date
In general
The amendments made by this section shall take effect on March 1, 2016.
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.
Biennial appropriations bills
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:
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.
.
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.
.
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—
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
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.
Effective date
Except as provided in section 7, this Act and the amendments made by this Act shall take effect on January 1, 2016, and shall apply to budget resolutions and appropriations for the biennium beginning with fiscal year 2017.
