I
113th CONGRESS
1st Session
H. R. 879
IN THE HOUSE OF REPRESENTATIVES
February 28, 2013
Mr. Wilson of South Carolina (for himself, Mr. Griffith of Virginia, Mr. Jones, and Mrs. Lummis) introduced the following bill; which was referred to the Committee on the Budget, and in addition to the Committees on Rules and Oversight and Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
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 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 the fiscal year
and inserting for each
fiscal year in the biennium
; and
in paragraph (7),
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)) 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)) 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 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
.
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),
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
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)) 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)) 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(a) 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(3)) 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 each 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 calendar year
after
July
;
by striking
annual
and inserting biennial
; and
by striking
fiscal year
and inserting biennium
.
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)) 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 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 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 the Congressional Budget Act of 1974 (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 thereof the following new paragraph:
biennium
has the meaning given to such term in paragraph (12) of section 3 of the
Congressional Budget and Impoundment Control Act of 1974 (2 U.S.C.
622(12)).
.
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 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:
.
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) of title 31, United States Code,
is amended in subparagraph (A), 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
.
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—
striking
the fiscal year
and inserting each fiscal year in the
biennium
;
inserting after
Before July 16 of each year
the following: and February
15 of each even-numbered year
; 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 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 new section:
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 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.
.
Government plans on a biennial basis
Strategic Plans
Section 306 of title 5, United States Code, is amended—
in subsection (a),
by striking September 30, 1997
and inserting September
30, 2015
;
in subsection (b)—
by striking
five years forward
and inserting 6 years
forward
;
by striking
at least every three years
and inserting at least every 4
years
; and
by striking
beginning with , except that
through four years
;
and
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)
.
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
2016, a biennial
.
Performance Plans
Section 1115 of title 31, United States Code, is amended—
in subsection (a)—
in the matter before paragraph (1)—
by
striking section 1105(a)(29)
and inserting section
1105(a)(28)
; and
by
striking an annual
and inserting a
biennial
;
in paragraph (1)
by inserting after program activity
the following: for
both 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 a semicolon; and inserting
and
after the inserted semicolon; 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.
;
in subsection (d)
by striking annual
and inserting biennial
;
and
in paragraph (6)
of subsection (f) by striking annual
and inserting
biennial
.
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
before years
;
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 paragraph (1)
of subsection (d), 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—
is subsection (a),
by striking September 30, 1997
and inserting September
30, 2015
;
by striking
five years forward
and inserting 6 years
forward
;
in subsection (b),
by striking at least every three years
and inserting at
least every 4 years
; and
in subsection (c),
by inserting a comma after section
the second place it appears
and inserting including a strategic plan submitted by September 30, 2015
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
both 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, 2015.
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) is further 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 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.
.
Report on two-year fiscal period
Not later than 180 days after the date of enactment of this Act, the Director of OMB 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 Committees on the Budget of the House of Representatives and the Senate.
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.