[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6201 Introduced in House (IH)]


109th CONGRESS
  2d Session
                                H. R. 6201

 To provide a biennial budget for the United States Government and to 
                   reform earmarking in the Congress.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 27, 2006

Mr. Bilbray (for himself and Mr. Peterson of Minnesota) introduced the 
following bill; which was referred to the Committee on the Budget, and 
  in addition to the Committees on Rules 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 a biennial budget for the United States Government and to 
                   reform earmarking in the Congress.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    (a) Short Title.--This Act may be cited as the ``Budget and 
Transparency Act''.
    (b) Table of Contents.--

Sec. 1. Short title.
                      TITLE I--BIENNIAL BUDGETING

Sec. 101. Revision of timetable.
Sec. 102. Amendments to the Congressional Budget and Impoundment 
                            Control Act of 1974.
Sec. 103. Amendments to rules of House of Representatives.
Sec. 104. Amendments to title 31, United States code.
Sec. 105. Two-year appropriations; title and style of appropriations 
                            acts.
Sec. 106. Multiyear authorizations.
Sec. 107. Government strategic and performance plans on a biennial 
                            basis.
Sec. 108. Biennial appropriation bills.
Sec. 109. Assistance by Federal agencies to standing committees of the 
                            Senate and the House of Representatives.
Sec. 110. Report on two-year fiscal period.
Sec. 111. Special transition period for the 110th Congress.
Sec. 112. Effective date.
                        TITLE II--EARMARK REFORM

Sec. 201. Prohibition of earmarks or tax earmarks in committee reports 
                            or joint Statements; identification of 
                            earmarks and sponsors required.
Sec. 202. Identification of tax earmarks and sponsors required.
Sec. 203. Out of scope earmarks or tax earmarks in conference reports.
Sec. 204. Definitions.

                      TITLE I--BIENNIAL BUDGETING

SEC. 101. 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. (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 February.............  President submits budget recommendations.
February 15..........................  Congressional Budget Office submits report to Budget Committees.
Not later than 6 weeks after budget    Committees submit views and estimates to Budget Committees.
 submission.
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.
October 1............................  Biennium begins.
 
                                       ``Second Session
 
``On or before:                        Action to be completed:
 
February 15..........................  President submits budget review.
Not later than 6 weeks after           Congressional Budget Office submits report to Budget Committees.
 President submits budget review.
The last day of the session..........  Congress 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 during which the term of a President (except a 
President who succeeds himself) begins, the following dates shall 
supersede those set forth in subsection (a):


                                       ``First Session
``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.
June 1...............................  Biennial appropriation bills may be considered in the House.
July 1...............................  House Appropriations Committee reports last biennial appropriation bill.
July 20..............................  House completes action on biennial appropriation bills.
October 1............................  Biennium begins.''.
 

SEC. 102. 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 
        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) 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''.
            (2) Additional matters.--Section 301(b) of such Act (2 
        U.S.C. 632(b)) is amended--
                    (A) in paragraph (3), by striking ``for such fiscal 
                year'' and inserting ``for either fiscal year in such 
                biennium''; and
                    (B) in paragraph (7), by striking ``for the first 
                fiscal year'' and inserting ``for each fiscal year in 
                the biennium''.
            (3) 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''.
            (4) 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.''.
            (5) 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''.
            (6) 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''.
            (7) Section heading.--The section heading of section 301 of 
        such Act is amended by striking ``annual'' and inserting 
        ``biennial''.
            (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)(1) by--
                    (A) striking ``for the first fiscal year of the 
                resolution,'' and inserting ``for each fiscal year in 
                the biennium,'';
                    (B) striking ``for that period of fiscal years'' 
                and inserting ``for all fiscal years covered by the 
                resolution''; and
                    (C) striking ``for the fiscal year of that 
                resolution'' and inserting ``for each fiscal year in 
                the biennium'';
            (2) in subsection (f)(1), by striking ``for a fiscal year'' 
        and inserting ``for a biennium'';
            (3) in subsection (f)(1), by striking ``first fiscal year'' 
        and inserting ``either fiscal year of the biennium'';
            (4) in subsection (f)(2)(A), by--
                    (A) striking ``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
            (5) 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 striking ``for a fiscal year'' and 
        inserting ``for a biennium'' and by striking ``the first fiscal 
        year'' and inserting ``each fiscal year of the biennium''.
            (2) Exceptions in the house.--Section 303(b) of such Act (2 
        U.S.C. 634(b)) is amended--
                    (A) in paragraph (1)(A), by striking ``the budget 
                year'' and inserting ``the biennium'';
                    (B) in paragraph (1)(B), by striking ``the fiscal 
                year'' and inserting ``the biennium''; and
                    (C) in paragraph (2), by inserting ``(or June 1 
                whenever section 300(b) is applicable)''.
            (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 of such Act (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''.
    (g) Procedures for Consideration of Budget Resolutions.--Section 
305(a)(3) of such Act (2 U.S.C. 636(b)(3)) is amended by striking 
``fiscal year'' and inserting ``biennium''.
    (h) Completion of House Committee 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 (or, if applicable, as provided by section 
        300(b), July 1)'';
            (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) Quarterly Budget Reports.--Section 308 of such Act (2 U.S.C. 
639) is amended by adding at the end the following new subsection:
    ``(d) Quarterly Budget Reports.--The Director of the Congressional 
Budget Office shall, as soon as practicable after the completion of 
each quarter of the fiscal year, prepare an analysis comparing 
revenues, spending, and the deficit or surplus for the current fiscal 
year to assumptions included in the congressional budget resolution. In 
preparing this report, the Director of the Congressional Budget Office 
shall combine actual budget figures to date with projected revenue and 
spending for the balance of the fiscal year. The Director of the 
Congressional Budget Office shall include any other information in this 
report that it deems useful for a full understanding of the current 
fiscal position of the Federal Government. The reports mandated by this 
subsection shall be transmitted by the Director to the Senate and House 
Committees on the Budget, and the Congressional Budget Office shall 
make such reports available to any interested party upon request.''.
    (j) Completion of House Action on Regular Appropriation Bills.--
Section 309 of such Act (2 U.S.C. 640) is amended--
            (1) by striking ``It'' and inserting ``Except whenever 
        section 300(b) is applicable, it'';
            (2) by inserting ``of any odd-numbered calendar year'' 
        after ``July'';
            (3) by striking ``annual'' and inserting ``biennial''; and
            (4) by striking ``fiscal year'' and inserting ``biennium''.
    (k) Reconciliation Process.--Section 310 of such Act (2 U.S.C. 641) 
is amended--
            (1) in subsection (a), in the matter preceding paragraph 
        (1), by striking ``any fiscal year'' and inserting ``any 
        biennium'';
            (2) in subsection (a)(1), by striking ``such fiscal year'' 
        each place it appears and inserting ``any fiscal year covered 
        by such resolution''; and
            (3) by striking subsection (f) and redesignating subsection 
        (g) as subsection (f).
    (l) 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''.
    (m) Maximum Deficit Amount 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 ``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''.

SEC. 103. AMENDMENTS TO RULES OF HOUSE OF REPRESENTATIVES.

    (a) Clause 4(a)(1)(A) of rule X of the Rules of the House of 
Representatives is amended by inserting ``odd-numbered'' after 
``each''.
    (b) Clause 4(a)(4) of rule X of the Rules of the House of 
Representatives is amended by striking ``fiscal year'' and inserting 
``biennium''.
    (c) Clause 4(b)(2) of rule X of the Rules of the House of 
Representatives is amended by striking ``each fiscal year'' and 
inserting ``the biennium''.
    (d) Clause 4(b) of rule X of the Rules of the House of 
Representatives is amended by striking ``and'' at the end of 
subparagraph (5), by striking the period and inserting ``; and'' at the 
end of subparagraph (6), and by adding at the end the following new 
subparagraph:
    ``(7) use the second session of each Congress to study issues with 
long-term budgetary and economic implications, which would include--
            ``(A) hold hearings to receive testimony from committees of 
        jurisdiction to identify problem areas and to report on the 
        results of oversight; and
            ``(B) by January 1 of each odd-number year, issuing a 
        report to the Speaker which identifies the key issues facing 
        the Congress in the next biennium.''.
    (e) Clause 11(i) of rule X of the Rules of the House of 
Representatives is amended by striking ``the same or preceding fiscal 
year''.
    (f) Clause 4(e) of rule X of the Rules of the House of 
Representatives is amended by striking ``annually'' each place it 
appears and inserting ``biennially'' and by striking ``annual'' and 
inserting ``biennial''.
    (g) Clause 4(f) of rule X of the Rules of the House of 
Representatives is amended--
            (1) by inserting ``during each odd-numbered year'' after 
        ``submits his budget'';
            (2) by striking ``fiscal year'' the first place it appears 
        and inserting ``biennium''; and
            (3) by striking ``that fiscal year'' and inserting ``each 
        fiscal year in such ensuing biennium''.
    (h) Clause 3(d)(2)(A) of rule XIII of the Rules of the House of 
Representatives is amended by striking ``five'' both places it appears 
and inserting ``six''.
    (i) Clause 5(a)(1) of rule XIII of the Rules of the House of 
Representatives is amended by striking ``fiscal year after September 15 
in the preceding fiscal year'' and inserting ``biennium after September 
15 of the year in which such biennium begins''.

SEC. 104. 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 Tenth 
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) 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 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) Government 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 unanticipated and uncontrollable 
        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) Estimates for 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,''; and
            (3) by striking ``that year'' and inserting ``for each 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 ``and before February 15 of 
                        each even numbered year'' after ``Before July 
                        16 of each 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 ``4 fiscal years 
                following the fiscal year'' and inserting ``4 fiscal 
                years following the 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''; and
                    (B) inserting ``and before February 15 of each even 
                numbered year'' after ``Before July 16 of each year''.
    (g) Current Programs and Activities Estimates.--
            (1) The president.--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''.

SEC. 105. TWO-YEAR APPROPRIATIONS; 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 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)).''.

SEC. 106. 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:

              ``multiyear authorizations of appropriations

    Sec. 316.(a) Point of Order.--(1)(A) It shall not be in order in 
the House of Representatives or the Senate to consider any measure that 
contains a specific authorization of appropriations for any purpose 
unless the measure includes such a specific authorization of 
appropriations for that purpose for not less than each fiscal year in 
one or more bienniums.
    ``(B) For purposes of this paragraph, a specific authorization of 
appropriations is an authorization for the enactment of an amount of 
appropriations or amounts not to exceed an amount of appropriations 
(whether stated as a sum certain, as a limit, or as such sums as may be 
necessary) for any purpose for a fiscal year.
    ``(2) Paragraph (1) does not apply with respect to an authorization 
of appropriations for a single fiscal year for any program, project, or 
activity if the measure containing that authorization includes a 
provision expressly stating the following: `Congress finds that no 
authorization of appropriation will be required for [Insert name of 
applicable program, project, or activity] for any subsequent fiscal 
year.'.
    ``(3) For purposes of this subsection, the term `measure' means a 
bill, joint resolution, amendment, motion, or conference report''.
    (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. Multiyear authorizations of appropriations.''.

SEC. 107. GOVERNMENT STRATEGIC AND PERFORMANCE 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, 2008'';
            (2) in subsection (b)--
                    (A) by striking ``at least every three years'' and 
                inserting ``at least every 4 years''; and
                    (B) by striking ``five years forward'' and 
                inserting ``six years forward''; 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, 2008, 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 2010, 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 each fiscal year of the biennium 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 ``for a subsequent 2-
                year period''; and
                    (C) in the third sentence by striking ``three'' and 
                inserting ``four''.
    (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) in subsection (a), by striking ``September 30, 1997'' 
        and inserting ``September 30, 2008'';
            (2) in subsection (b), by striking ``at least every three 
        years'' and inserting ``at least every 4 years'';
            (3) by striking ``five years forward'' and inserting ``six 
        years forward''; 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, 2008, 
        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 each fiscal year of the biennium 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, 2009.
            (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 it.

SEC. 108. BIENNIAL APPROPRIATION BILLS.

    (a) In the House of Representatives.--(1) Clause 2(a) of rule XXI 
of the Rules of the House of Representatives is amended by adding at 
the end the following new subparagraph:
    ``(3)(A) Except as provided by subdivision (B), an appropriation 
may not be reported in a general appropriation bill (other than a 
supplemental appropriation bill), and may not be in order as an 
amendment thereto, unless it provides new budget authority or 
establishes a level of obligations under contract authority for each 
fiscal year of a biennium.
    ``(B) Subdivision (A) does not apply with respect to an 
appropriation for a single fiscal year for any program, project, or 
activity if the bill or amendment thereto containing that appropriation 
includes a provision expressly stating the following: `Congress finds 
that no additional funding beyond one fiscal year will be required and 
the [Insert name of applicable program, project, or activity] will be 
completed or terminated after the amount provided has been expended.'.
    ``(C) For purposes of paragraph (b), the statement set forth in 
subdivision (B) with respect to an appropriation for a single fiscal 
year for any program, project, or activity may be included in a general 
appropriation bill or amendment thereto.''.
    (2) Clause 5(b)(1) of rule XXII of the House of Representatives is 
amended by striking ``or (c)'' and inserting ``or (3) or 2(c)''.
    (b) In the Senate.--(1) 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:

            ``consideration of biennial appropriation bills

    ``Sec. 317. It shall not be in order in the Senate in any odd-
numbered year to consider any regular appropriation bill providing new 
budget authority or a limitation on obligations under the jurisdiction 
of the Committee 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 one year and will be completed or 
terminated after the amount provided has been expended.''.
    (2) 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 appropriation bills.''.

SEC. 109. ASSISTANCE BY FEDERAL AGENCIES TO STANDING COMMITTEES OF THE 
              SENATE AND THE HOUSE OF REPRESENTATIVES.

    (a) Information Regarding Agency Appropriations Requests.--To 
assist each standing committee of the House of Representatives and the 
Senate in carrying out its responsibilities, the head of each Federal 
agency which administers the laws or parts of laws under the 
jurisdiction of such committee shall provide to such committee such 
studies, information, analyses, reports, and assistance as may be 
requested by the chairman and ranking minority member of the committee.
    (b) Information Regarding Agency Program Administration.--To assist 
each standing committee of the House of Representatives and the Senate 
in carrying out its responsibilities, the head of any agency shall 
furnish to such committee documentation, containing information 
received, compiled, or maintained by the agency as part of the 
operation or administration of a program, or specifically compiled 
pursuant to a request in support of a review of a program, as may be 
requested by the chairman and ranking minority member of such 
committee.
    (c) Summaries by Comptroller General.--Within thirty days after the 
receipt of a request from a chairman and ranking minority member of a 
standing committee having jurisdiction over a program being reviewed 
and studied by such committee under this section, the Comptroller 
General of the United States shall furnish to such committee summaries 
of any audits or reviews of such program which the Comptroller General 
has completed during the preceding six years.
    (d) Congressional Assistance.--Consistent with their duties and 
functions under law, the Comptroller General of the United States, the 
Director of the Congressional Budget Office, and the Director of the 
Congressional Research Service shall continue to furnish (consistent 
with established protocols) to each standing committee of the House of 
Representatives or the Senate such information, studies, analyses, and 
reports as the chairman and ranking minority member may request to 
assist the committee in conducting reviews and studies of programs 
under this section.

SEC. 110. REPORT ON TWO-YEAR FISCAL PERIOD.

    Not later than 180 days after the date of enactment of this Act, 
the Director of the Office of Management and Budget shall--
            (1) determine the impact and feasibility of changing the 
        definition of a fiscal year and the budget process based on 
        that definition to a 2-year fiscal period with a biennial 
        budget process based on the 2-year period; and
            (2) report the findings of the study to the Committees on 
        the Budget of the House of Representatives and the Senate and 
        the Committee on Rules of the House of Representatives.

SEC. 111. SPECIAL TRANSITION PERIOD FOR THE 110TH CONGRESS.

    (a) President's Budget Submission for Fiscal Year 2008.--The budget 
submission of the President pursuant to section 1105(a) of title 31, 
United States Code, for fiscal year 2008 shall include the following:
            (1) An identification of the budget accounts for which an 
        appropriation should be made for each fiscal year of the fiscal 
        year 2008-2009 biennium.
            (2) Budget authority that should be provided for each such 
        fiscal year for the budget accounts identified under paragraph 
        (1).
    (b) Review and Recommendations of the Committees on 
Appropriations.--The Committee on Appropriations of the House of 
Representatives and the Senate shall review the items included pursuant 
to subsection (a) in the budget submission of the President for fiscal 
year 2008 and include its recommendations thereon in its views and 
estimates made under section 301(d) of the Congressional Budget Act of 
1974 within 6 weeks of that budget submission.
    (c) Actions by the Committees on the Budget.--(1) The Committee on 
the Budget of the House of Representatives and the Senate shall review 
the items included pursuant to subsection (a) in the budget submission 
of the President for fiscal year 2008 and the recommendations submitted 
by the Committee on Appropriations of its House pursuant to subsection 
(b) included in its views and estimates made under section 301(d) of 
the Congressional Budget Act of 1974.
    (2) The report of the Committee on the Budget of each House 
accompanying the concurrent resolution on the budget for fiscal year 
2008 and the joint explanatory statement of managers accompanying such 
resolution shall also include allocations to the Committee on 
Appropriations of its House of total new budget authority and total 
outlays (which shall be deemed to be made pursuant to section 302(a) of 
the Congressional Budget Act of 1974 for purposes of budget enforcement 
under section 302(f)) for fiscal year 2009 from which the Committee on 
Appropriations may report regular appropriation bills for fiscal year 
2008 that include funding for certain accounts for each of fiscal years 
2008 and 2009.
    (3) The report of the Committee on the Budget of each House 
accompanying the concurrent resolution on the budget for fiscal year 
2008 and the joint explanatory statement of managers accompanying such 
resolution shall also include the assumptions upon which such 
allocations referred to in paragraph (2) are based.
    (d) GAO Programmatic Oversight Assistance.--(1) During the first 
session of the 110th Congress the committees of the House of 
Representatives and the Senate are directed to work with the 
Comptroller General of the United States to develop plans to transition 
program authorizations to a multi-year schedule.
    (2) During the 110th Congress, the Comptroller General of the 
United States will continue to provide assistance to the Congress with 
respect to programmatic oversight and in particular will assist the 
committees of Congress in designing and conforming programmatic 
oversight procedures for the fiscal year 2009-2010 biennium.
    (e) CBO Authorization Report.--On or before January 15, 2008, the 
Director of the Congressional Budget Office, after consultation with 
the appropriate committees of the House of Representatives and Senate, 
shall submit to the Congress a report listing (A) all programs and 
activities funded during fiscal year 2008 for which authorizations for 
appropriations have not been enacted for that fiscal year and (B) all 
programs and activities funded during fiscal year 2008 for which 
authorizations for appropriations will expire during that fiscal year, 
fiscal year 2009, or fiscal year 2010.
    (f) President's Budget Submission for Fiscal Year 2006.--The budget 
submission of the President pursuant to section 1105(a) of title 31, 
United States Code, for fiscal year 2009 shall include an evaluation 
of, and recommendations regarding, the transitional biennial budget 
process for the fiscal year 2008-2009 biennium that was carried out 
pursuant to this section.
    (g) CBO Transitional Report.--On or before March 31, 2008, the 
Director of the Congressional Budget Office shall submit to Congress an 
evaluation of, and recommendations regarding, the transitional biennial 
budget process for the fiscal year 2008-2009 biennium that was carried 
out pursuant to this section.

SEC. 112. EFFECTIVE DATE.

    Except as provided by sections 107, 110, and 111, this title and 
the amendments made by it shall take effect on January 1, 2009, and 
shall apply to budget resolutions and appropriations for the biennium 
beginning with fiscal year 2010.

                        TITLE II--EARMARK REFORM

SEC. 201. PROHIBITION OF EARMARKS OR TAX EARMARKS IN COMMITTEE REPORTS 
              OR JOINT STATEMENTS; IDENTIFICATION OF EARMARKS AND 
              SPONSORS REQUIRED.

    (a) Prohibition of Earmarks or Tax Earmarks in Committee Reports or 
Joint Statements.--In the House of Representatives or the Senate, it 
shall not be in order to consider--
            (1) any bill reported by any committee if the report 
        accompanying that bill includes any earmarks or tax earmarks; 
        or
            (2) the conference report on any bill if the joint 
        statement of managers accompanying such conference report 
        includes any earmarks or tax earmarks.
    (b) Identification of Earmarks and Sponsors Required.--In the House 
of Representatives or the Senate, it shall not be in order to consider 
any bill reported by any committee if the report accompanying that bill 
does not include a list identifying each earmark in the bill and the 
name of any Member who sponsored that earmark.

SEC. 202. IDENTIFICATION OF TAX EARMARKS AND SPONSORS REQUIRED.

    (a) Point of Order.--In the House of Representatives or the Senate, 
it shall not be in order to consider a bill carrying a tax measure 
reported by the Committee on Ways and Means of the House or the 
Committee on Finance of the Senate as to which the Joint Committee on 
Taxation has--
            (1) identified a tax earmark pursuant to subsection (b), 
        unless the report on the bill includes a list of each such tax 
        earmark in the bill (and the name of any Member who submitted a 
        request to the committee for that tax earmark); or
            (2) failed to provide an analysis under subsection (b).
    (b) Joint Committee on Taxation Statements.--The Joint Committee on 
Taxation shall review any bill containing a tax measure that is being 
reported by the Committee on Ways and Means of the House or the 
Committee on Finance of the Senate and shall identify whether such bill 
contains any tax earmarks. The Joint Committee on Taxation shall 
provide to the Committee on Ways and Means or the Committee on Finance, 
as applicable, a statement identifying any such tax earmarks or 
declaring that the bill does not contain any tax earmarks, and such 
statement shall be included in the report on the bill. Any such 
statement shall also be made available to any Member of Congress by the 
Joint Committee on Taxation immediately upon request.

SEC. 203. OUT OF SCOPE EARMARKS OR TAX EARMARKS IN CONFERENCE REPORTS.

    (a) In General.--In the House of Representatives or the Senate, a 
point of order may be made by any Member against consideration of a 
conference report that includes any earmark or tax earmark not 
committed to conference by either House. The point of order shall be 
made and voted on separately for each item in violation of this 
section.
    (b) Disposition.--If the point of order against a conference report 
under subsection (a) is sustained, then--
            (1) the earmark or tax earmark in such conference report 
        shall be deemed to have been struck;
            (2) when all other points of order under this section have 
        been disposed of--
                    (A) the House or Senate, as applicable, shall 
                proceed to consider the question of whether the House 
                or Senate should recede from its amendment to the 
                Senate bill or House bill, or its disagreement to the 
                amendment of the Senate or the House, and concur with a 
                further amendment, which further amendment shall 
                consist of only that portion of the conference report 
                not deemed to have been struck;
                    (B) the question shall be debatable; and
                    (C) no further amendment shall be in order; and
            (3) if the House or the Senate, as applicable, agrees to 
        the amendment, then the bill and the House amendment thereto, 
        or the bill and the Senate amendment thereto, shall be returned 
        to the Senate or the House for its concurrence in the amendment 
        of the House or the Senate.
    (c) Waiver and Appeal.--This section may be waived or suspended in 
the House of Representatives or the Senate only by an affirmative vote 
of a majority of the Members, duly chosen and sworn. In the Senate, an 
affirmative vote of a majority of its Members, duly chosen and sworn, 
shall be required to sustain an appeal of the ruling of the Chair on a 
point of order raised under this section.

SEC. 204. DEFINITIONS.

    (a) Definitions.--As used in this title:
            (1) The term ``earmark'' means a provision in a bill or 
        conference report--
                    (A) with respect to an appropriation bill or 
                conference report thereon providing or recommending an 
                amount of budget authority for a contract, loan, loan 
                guarantee, grant, or other expenditure with or to a 
                non-Federal entity, if--
                            (i) such entity is specifically identified 
                        in the bill; or
                            (ii) if the discretionary budget authority 
                        is allocated outside of the statutory or 
                        administrative formula-driven or competitive 
                        bidding process and is targeted or directed to 
                        an identifiable entity, specific State, or 
                        Congressional district; or
                    (B) with respect to a measure other than that 
                specified in subparagraph (A) or conference report 
                thereon providing authority, including budget 
                authority, or recommending the exercise of authority, 
                including budget authority, for a contract, loan, loan 
                guarantee, grant, loan authority, or other expenditure 
                with or to a non-Federal entity, if--
                            (i) such entity is specifically identified 
                        in the bill;
                            (ii) if the authorization for, or provision 
                        of, budget authority, contract authority loan 
                        authority or other expenditure is allocated 
                        outside of the statutory or administrative 
                        formula-driven or competitive bidding process 
                        and is targeted or directed to an identifiable 
                        entity, specific State, or Congressional 
                        district; or
                            (iii) if such authorization for, or 
                        provision of, budget authority, contract 
                        authority, loan authority or other expenditure 
                        preempts statutory or administrative State 
                        allocation authority.
            (2)(A) The term ``tax earmark'' means any revenue-losing 
        provision that provides a Federal tax deduction, credit, 
        exclusion, or preference to only one beneficiary (determined 
        with respect to either present law or any provision of which 
        the provision is a part) under the Internal Revenue Code of 
        1986 in any year for which the provision is in effect;
            (B) for purposes of subparagraph (A)--
                    (i) all businesses and associations that are 
                members of the same controlled group of corporations 
                (as defined in section 1563(a) of the Internal Revenue 
                Code of 1986) shall be treated as a single beneficiary;
                    (ii) all shareholders, partners, members, or 
                beneficiaries of a corporation, partnership, 
                association, or trust or estate, respectively, shall be 
                treated as a single beneficiary;
                    (iii) all employees of an employer shall be treated 
                as a single beneficiary;
                    (iv) all qualified plans of an employer shall be 
                treated as a single beneficiary;
                    (v) all beneficiaries of a qualified plan shall be 
                treated as a single beneficiary;
                    (vi) all contributors to a charitable organization 
                shall be treated as a single beneficiary;
                    (vii) all holders of the same bond issue shall be 
                treated as a single beneficiary; and
                    (viii) if a corporation, partnership, association, 
                trust or estate is the beneficiary of a provision, the 
                shareholders of the corporation, the partners of the 
                partnership, the members of the association, or the 
                beneficiaries of the trust or estate shall not also be 
                treated as beneficiaries of such provision.
            (3) The term ``revenue-losing provision'' means any 
        provision that is estimated to result in a reduction in Federal 
        tax revenues (determined with respect to either present law or 
        any provision of which the provision is a part) for any one of 
        the two following periods--
                    (A) the first fiscal year for which the provision 
                is effective; or
                    (B) the period of the 5 fiscal years beginning with 
                the first fiscal year for which the provision is 
                effective; and
            (4) The terms used in paragraphs (2) and (3) shall have the 
        same meaning as those terms have generally in the Internal 
        Revenue Code of 1986, unless otherwise expressly provided.
    (b) Clarification.--For purposes of this title--
            (1) government-sponsored enterprises, Federal facilities, 
        and Federal lands shall be considered Federal entities;
            (2) to the extent that the non-Federal entity is a State, 
        unit of local government, territory, an Indian tribe, a foreign 
        government or an intergovernmental international organization, 
        the provision shall not be considered an earmark unless the 
        provision also specifies the specific purpose for which the 
        designated budget authority is to be expended;
            (3) the term ``budget authority'' shall have the same 
        meaning as such term is defined in section 3 of the 
        Congressional Budget Act of 1974 (2 U.S.C. 622); and
            (4) an obligation limitation shall be treated as budget 
        authority.
                                 <all>