[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1434 Referral Instructions Senate (RIS)]
104th CONGRESS
1st Session
S. 1434
To amend the Congressional Budget Act of 1974 to provide for a two-year
(biennial) budgeting cycle, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 29, 1995
Mr. Thomas (for himself, Mr. Dole, Mr. Domenici, Mr. Simpson, Mrs.
Kassebaum, Mr. Faircloth, Mr. Thompson, and Mr. Cochran) introduced the
following bill; which was read twice and referred jointly pursuant to
the order of August 4, 1977, to the Committees on the Budget and
Governmental Affairs, with instructions that if one committee reports,
the other committee have thirty days to report or be discharged
_______________________________________________________________________
A BILL
To amend the Congressional Budget Act of 1974 to provide for a two-year
(biennial) budgeting cycle, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Biennial Budgeting Act of 1995''.
SEC. 2. REVISION OF TIMETABLE.
Section 300 of the Congressional Budget Act of 1974 (2 U.S.C. 631)
is amended to read as follows:
``timetable
``Sec. 300. The timetable with respect to the Congressional budget
process for any Congress (beginning with the One Hundred Fifth
Congress) is as follows:
``First Session
``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.
February 25.......... Committees submit views and estimates to Budget Committees.
March 31............. House Budget Committee reports concurrent resolution on the biennial
budget.
April 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.
September 1.......... OMB submits report setting forth estimate of surplus/deficit for
current fiscal year.
September 30......... Congress completes action on reconciliation legislation.
September 30......... Congress completes action on biennial appropriation bills.
October 1............ Biennium begins.
October 15........... OMB submits report setting forth actual surplus/deficit for fiscal
year ending September 30.
``Second Session
``On or before: Action to be completed:
May 15............... Congressional Budget Office submits report to Budget Committees.
September 1.......... OMB submits report setting forth estimate of surplus/deficit for
current fiscal year.
October 15........... OMB submits report setting forth actual surplus/deficit for fiscal
year ending September 30.
The last day of the
session............. Congress completes action on bills and resolutions authorizing new
budget authority for the succeeding biennium.''.
SEC. 3. AMENDMENTS TO THE CONGRESSIONAL BUDGET AND IMPOUNDMENT CONTROL
ACT OF 1974.
(a) Amendment of the Congressional Budget Act of 1974.--Whenever in
this section an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a section or other provision, the
references shall be to a section or other provision of the
Congressional Budget Act of 1974.
(b) Declaration of Purpose.--Section 2(2) (2 U.S.C. 621(2)) is
amended by striking ``each year'' and inserting ``biennially''.
(c) Definitions.--
(1) Section 3(4) (2 U.S.C. 622(4)) is amended by striking
``fiscal year'' each place it appears and inserting
``biennium''.
(2) Section 3 (2 U.S.C. 622) is further amended by adding
at the end thereof 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.''.
(d) Duties of CBO.--
(1) Section 202(f)(1) (2 U.S.C. 602(f)(1)) is amended--
(A) by striking ``February 15 of each year'' and
inserting ``February 15 of each odd-numbered calendar
year'';
(B) by striking ``the fiscal year commencing'' and
inserting ``each fiscal year in the biennium
commencing'';
(C) by striking ``such fiscal year'' the first
place it appears and inserting ``such biennium''; and
(D) by striking ``such fiscal year'' the second
place it appears and ``each fiscal year in such
biennium''.
(2) Section 202(f) (2 U.S.C. 602(f)) is further amended--
(A) in paragraph (2) by striking ``The Director
shall from time to time'' and inserting ``On May 15 of
each even numbered year and at such other times as he
or she deems appropriate, the Director shall''.
(B) in paragraph (3)--
(i) by striking ``January 15'' and
inserting ``February 15'',
(ii) by striking ``each year'' and
inserting ``each even-numbered calendar year'',
(iii) by striking ``the fiscal year ending
September 30 of that calendar year'' in clause
(A) and inserting ``either fiscal year in the
biennium beginning October 1 of the preceding
calendar year'',
(iv) by striking ``the fiscal year ending
September 30 of that calendar year'' in clause
(B) and inserting ``either fiscal year of such
biennium'', and
(v) by striking ``fiscal year beginning
October 1 of that calendar year'' and inserting
``succeeding biennium''.
(e) Biennial Concurrent Resolution on the Budget.--
(1) Section 301(a) (2 U.S.C. 632(a)) is amended--
(A) by striking ``April 15 of each year'' and
inserting ``April 15 of each odd-numbered year'';
(B) by 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'';
(C) by striking ``the fiscal year beginning on
October 1 of such year'' the second place it appears
and inserting ``each fiscal year in such period''; and
(D) by striking ``each of the two ensuing fiscal
years'' and inserting ``each fiscal year in the
succeeding biennium''.
(2) Section 301(b) (2 U.S.C. 632(b)) is amended--
(A) in the matter preceding paragraph (1) by
inserting ``for a biennium'' after ``concurrent
resolution on the budget''; and
(B) in paragraph (3) by striking ``for such fiscal
year'' and inserting ``for either fiscal year in such
biennium''.
(3) Section 301(d) (2 U.S.C. 632(d)) is amended by striking
``Within 6 weeks after the President submits a budget under
section 1105(a) of title 31, United States Code'' and inserting
``On or before February 25 of each odd-numbered year''.
(4) Section 301(e) (2 U.S.C. 632(e)) is amended--
(A) in the first sentence by striking ``fiscal
year'' and inserting ``biennium'';
(B) by inserting between the second and third
sentences the following new sentence: ``On or before
March 31 of each odd-numbered year 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.''; and
(C) in paragraph (6)--
(i) by striking ``five'' and inserting
``four'',
(ii) by striking ``such fiscal year'' and
inserting ``the first fiscal year of such
biennium,'', and
(iii) by striking ``such period'' and
inserting ``such four-fiscal-year period''.
(5) Section 301(f) (2 U.S.C. 632(f)) is amended by striking
``fiscal year'' each place it appears and inserting
``biennium''.
(6) The section heading of section 301 is amended by
striking ``annual'' and inserting ``biennial''.
(7) The table of contents set forth in section 1(b) is
amended by striking ``Annual'' in the item relating to section
301 and inserting ``Biennial''.
(f) Committee Allocations.--
(1) Paragraphs (1) and (2) of section 302(a) (2 U.S.C.
633(a)) are amended--
(A) by inserting ``for a biennium'' after
``budget'' the first place it appears in each such
paragraph; and
(B) by inserting ``for each fiscal year in such
biennium'' after ``estimated allocation'' each place it
appears.
(2) Section 302(c) (2 U.S.C. 633(c)) is amended--
(A) by striking ``for a fiscal year'' each place it
appears and inserting ``for either fiscal year in a
biennium''; and
(B) by striking ``for such fiscal year'' each place
it appears and inserting ``for such biennium''.
(3) Section 302(f)(1) (2 U.S.C. 633(f)(1)) is amended--
(A) by striking ``for a fiscal year'' and inserting
``for a biennium'', and
(B) by striking ``such fiscal year'' each place it
appears in the matter preceding subparagraph (A) and
inserting ``a fiscal year in such biennium''.
(4) Section 302(f)(2) is amended--
(A) by striking ``for a fiscal year'' and inserting
``for a biennium'',
(B) by striking ``for such fiscal year'' and
inserting ``for a biennium'', and
(C) by striking ``4 succeeding'' and inserting ``3
succeeding''.
(g) Section 303 Point of Order.--
(1) Section 303(a) (2 U.S.C. 634(a)) is amended by striking
``fiscal year'' each place it appears and inserting
``biennium''.
(2) Section 303(b) (2 U.S.C. 634(b)) is amended--
(A) in subparagraphs (A) and (B) of paragraph (1)
and paragraph (2) by striking ``the fiscal year'' each
place it appears and inserting ``biennium''; and
(B) in paragraph (1) by striking ``any calendar
year'' and inserting ``any odd-numbered calendar
year''.
(h) Permissible Revisions of Concurrent Resolutions on the
Budget.--Section 304 (2 U.S.C. 635) is amended--
(1) by striking ``fiscal year'' the first two places it
appears and inserting ``biennium'';
(2) by striking ``for such fiscal year''; and
(3) by inserting before the period ``for such biennium''.
(i) Procedures For Consideration of Budget Resolutions.--Section
305(b)(3) (2 U.S.C. 636(b)(3)) is amended--
(1) by striking ``the concurrent'' and inserting ``a
concurrent''; and
(2) by striking ``fiscal year'' and inserting ``biennium''.
(j) Reports and Summaries of Congressional Budget Actions.--
(1)(A) Section 308(a)(1) (2 U.S.C. 639(a)(1)) is amended--
(i) in the matter preceding subparagraph (A) by
striking ``fiscal year (or fiscal years)'' and
inserting ``biennium'',
(ii) in subparagraph (A) by striking ``fiscal year
(or fiscal years)'' and inserting ``biennium'', and
(iii) in subparagraph (C) by striking ``such fiscal
year (or fiscal years)'' and inserting ``such
biennium''.
(B) Section 308(a)(2) is amended by striking ``fiscal year
(or fiscal years)'' and inserting ``biennium''.
(2) Section 308(b)(1) (2 U.S.C. 639(b)(1)) is amended--
(A) by striking ``each fiscal year covered by a
concurrent resolution on the budget'' the first place
it appears and inserting ``a biennium'';
(B) by inserting ``for such biennium'' after
``concurrent resolution on the budget''; and
(C) by striking ``the fiscal year preceding the
first fiscal year covered by the appropriate concurrent
resolution'' and inserting ``each fiscal year in the
biennium preceding such biennium''.
(3) Section 308(c) (2 U.S.C. 639(c)) is amended--
(A) by striking ``Five'' in the subsection heading
and inserting ``Four'';
(B) by striking ``fiscal year'' each place it
appears in the matter preceding paragraph (1) and
inserting ``biennium''; and
(C) by striking ``5 fiscal years'' and inserting
``4 fiscal years''.
(k) Completion of Action on Regular Appropriation Bills.--Section
309 (2 U.S.C. 640) is amended--
(1) by inserting ``of any odd-numbered calendar year''
after ``July'';
(2) by striking ``annual'' and inserting ``regular''; and
(3) by striking ``fiscal year'' and inserting ``biennium''.
(l) Reconciliation Process.--
(1) Section 310(a) (2 U.S.C. 641(a)) is amended--
(A) by striking ``any fiscal year'' in the matter
preceding paragraph (1) and inserting ``any biennium'';
(B) in paragraph (1) by striking ``such fiscal
year'' each place it appears and inserting ``each
fiscal year in such biennium''; and
(C) in paragraph (2) by inserting ``for each fiscal
year in such biennium'' after ``revenues''.
(2) Section 310(e) (2 U.S.C. 641(e)) is amended--
(A) by striking ``20 hours'' in paragraph (2) and
inserting ``50 hours''; and
(B) by adding at the end thereof the following new
paragraph:
``(3) It shall not be in order in the Senate or the House
of Representatives to consider any reconciliation bill or
resolution or any amendment thereto or any conference report
thereon which changes any provision of law other than
provisions of law which--
``(A) provide new budget authority or spending
authority described in section 401(c)(2);
``(B) relate to revenues; or
``(C) specify the amount of the statutory limit on
the public debt.''.
(3) Section 310(f) (2 U.S.C. 641(f)) is amended--
(A) by inserting ``of any odd-numbered calendar
year'' after ``July'',
(B) by striking ``fiscal year beginning on October
1 of the calendar year to which the adjournment
resolution pertains'' and inserting ``biennium
beginning on October 1 of such calendar year'', and
(C) by striking ``for such fiscal year'' and
inserting ``for such biennium''.
(m) Section 311 Point of Order.--
(1) Section 311(a)(1) (2 U.S.C. 642(a)) is amended--
(A) by striking ``for a fiscal year'' and inserting
``for a biennium'';
(B) by striking ``such fiscal year'' the first,
second, and third places it appears and inserting ``a
fiscal year in such biennium'';
(C) by inserting ``for such fiscal year'' after
``outlays'';
(D) by striking ``concurrent resolution on the
budget for such fiscal year'' and inserting
``concurrent resolution on the budget for the biennium
in which such fiscal year occurs'';
(E) by inserting ``for such fiscal year'' after
``revenues'' the first place it appears; and
(F) by inserting ``for such fiscal year'' after
``set forth'' the second place it appears.
(2) Section 311(b) (2 U.S.C. 642(b)) is amended--
(A) by striking ``such fiscal year'' the first
place it appears and inserting ``a biennium''; and
(B) by striking ``such fiscal year'' the second
place it appears and inserting ``either fiscal year in
such biennium''.
(n) Bills Providing New Spending Authority.--Section 401(b)(2) (2
U.S.C. 651(b)(2)) is amended by striking ``for such fiscal year'' the
second place it appears and inserting ``for the biennium in which such
fiscal year occurs''.
(o) Analysis by CBO.--Section 403(a) (2 U.S.C. 653(a)) is amended--
(1) by striking ``the fiscal year'' in paragraph (1) and
inserting ``each fiscal year in the biennium'';
(2) by striking ``each of the 4 fiscal years following such
year'' in paragraph (1) and inserting ``each fiscal year in the
succeeding biennium'';
(3) by striking ``the fiscal year'' in paragraph (2) and
inserting ``each fiscal year in the biennium''; and
(4) by striking ``each of the four fiscal years following
such fiscal year'' in paragraph (2) and inserting ``each fiscal
year in the succeeding biennium''.
SEC. 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) So much of section 1105(a) of title 31, United States
Code, as precedes paragraph (1) thereof is amended to read as
follows:
``(a) On or before the first Monday in February of each odd-
numbered year, beginning with the One Hundred Fifth Congress, the
President shall transmit to the Congress, the budget for the biennium
beginning on October 1 of such calendar year. The budget transmitted
under this subsection shall include a budget message and summary and
supporting information. The President shall include in each budget the
following:''.
(2) 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 biennium''.
(3) 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 biennium''.
(4) 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) Section 1105(a)(12) of title 31, United States Code, is
amended--
(A) by striking ``the fiscal year'' in subparagraph
(A) and inserting ``each fiscal year in the biennium'';
and
(B) by striking ``4 fiscal years after that year''
in subparagraph (B) and inserting ``2 fiscal years
immediately following the second fiscal year in such
biennium''.
(6) 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) 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) 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) 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) 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 that fiscal year''; and
(C) by striking ``in that year'' and inserting ``in
that fiscal year''.
(11) 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 that fiscal year''; and
(C) by striking ``in that year'' each place it
appears and inserting ``in that fiscal year''.
(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 ``fiscal year for'' each place it appears
and inserting ``biennium for'';
(2) by inserting ``or current biennium, as the case may
be,'' after ``current fiscal year''; and
(3) by striking ``that year'' and inserting ``that
period''.
(e) Statement With Respect to Certain Changes.--Section 1105(d) of
title 31, United States Code, is amended by striking ``fiscal year''
and inserting ``biennium''.
(f) Capital Investment Analysis.--Section 1105(e) of title 31,
United States Code, is amended by striking ``ensuing fiscal year'' and
inserting ``biennium to which such budget relates''.
(g) Supplemental Budget Estimates and Changes.--
(1) Section 1106(a) of title 31, United States Code, is
amended--
(A) in the matter preceding paragraph (1) by
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 ``4 fiscal years
following the fiscal year'' and inserting ``2 fiscal
years following the biennium'';
(D) by striking ``future fiscal years'' in
paragraph (3) and inserting ``the 2 fiscal years
following the biennium for which the budget is
submitted''; and
(E) by striking ``fiscal year'' in paragraph (3)
and inserting ``biennium''.
(2) Section 1106(b) of title 31, United States Code, is
amended by striking ``the fiscal year'' and inserting ``each
fiscal year in the biennium''.
(h) Year-Ahead Requests for Authorizing Legislation.--Section 1110
of title 31, United States Code, is amended--
(1) by striking ``fiscal year'' and inserting ``biennium
(beginning on or after October 1, 1997)'', and
(2) by striking ``year before the year in which the fiscal
year begins'' and inserting ``second calendar year preceding
the calendar year in which the biennium begins''.
(i) Budget Information on Consulting Services.--Section 1114 of
title 31, United States Code, is amended--
(1) by striking ``The'' each place it appears and inserting
``For each biennium beginning with the biennium beginning on
October 1, 1997, the''; and
(2) by striking ``each year'' each place it appears.
SEC. 5. TITLE AND STYLE OF APPROPRIATIONS ACTS.
Section 105 of title 1, United States Code, is amended to read as
follows:
``Sec. 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 the biennium ending
September 30 (here insert the odd-numbered calendar year).'.
``(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)).''.
SEC. 6. AMENDMENTS TO RULES OF HOUSE OF REPRESENTATIVES.
The Rules of the House of Representatives are amended as follows:
(1) Clause 4(a)(1)(A) of rule X is amended by inserting
``odd-numbered'' after ``each''.
(2) Clause 4(a)(2) of rule X is amended by striking ``such
fiscal year'' and inserting ``the biennium in which such fiscal
year begins''.
(3) Clause 4(b)(2) of rule X is amended by striking
``concurrent resolution on the budget for each fiscal year''
and inserting ``concurrent resolution on the budget required
under section 301(a) of the Congressional Budget Act of 1974
for each biennium''.
(4) Clause 4(f) of rule X is amended by striking
``annually'' each place it appears and inserting
``biennially''.
(5) Clause 4(g) of rule X is amended--
(A) by striking ``March 15 of each year'' and
inserting ``March 15 of each odd-numbered year'';
(B) by striking ``fiscal year'' the first place it
appears and inserting ``biennium''; and
(C) by striking ``that fiscal year'' and inserting
``each fiscal year in such ensuing biennium''.
(6) Clause 4(h) of rule X is amended by striking ``fiscal
year'' and inserting ``biennium''.
(7) Subdivision (C) of clause 2(l)(1) of rule XI is
repealed.
(8) Clause 4(a) of rule XI is amended by striking ``fiscal
year if reported after September 15 preceding the beginning of
such fiscal year'' and inserting ``biennium if reported after
August 1 of the year in which such biennium begins''.
(9) Clause 2 of rule XLIX is amended by striking ``fiscal
year'' and inserting ``biennium''.
SEC. 7. REAUTHORIZATION OF DISCRETIONARY PROGRAMS.
(a) Reauthorization.--Effective October 1, 1997, spending authority
for each discretionary spending program is terminated unless such
spending authority is reauthorized after the date of enactment of this
Act.
(b) Point of Order.--It shall not be in order in the House of
Representatives or the Senate to consider any bill, joint resolution,
amendment, or conference report that includes any provision that
appropriates funds unless such appropriation has been previously
authorized by law.
(c) Waiver or Suspension.--This section may be waived or suspended
in the House of Representatives or the Senate only by the affirmative
vote of three-fifths of the Members, duly chosen and sworn.
SEC. 8. EFFECTIVE DATE; APPLICATION.
(a) In General.--Except as provided in subsection (b) and section
7, this Act and the amendments made by it shall become effective
January 1, 1997, and shall apply to bienniums beginning after September
30, 1997.
(b) Fiscal Year 1997.--Notwithstanding subsection (a), the
provisions of--
(1) the Congressional Budget Act of 1974, and
(2) title 31, United States Code,
(as such provisions were in effect on the day before the effective date
of this Act) shall apply to the fiscal year beginning on October 1,
1997.
(c) Definition.--For purposes of this section, the term
``biennium'' shall have the meaning given to such term in section 3(11)
of the Congressional Budget and Impoundment Control Act of 1974 (2
U.S.C. 622(11)), as added by section 3(c)(2) of this Act.
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