[Congressional Record Volume 157, Number 33 (Monday, March 7, 2011)]
[Senate]
[Pages S1331-S1332]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 152. Mr. REID of Nevada submitted an amendment intended to be 
proposed to amendment SA 143 proposed by Mr. Reid of Nevada (for 
himself and Mr. Ensign) to the bill S. 23, to amend title 35, United 
States Code, to provide for patent reform; as follows:

       On page 2 of the amendment, after line 11, add the 
     following:
       ``(e) Effective Date.--Subsection (d) shall take effect 1 
     year and 1 day after the date of enactment of the Patent 
     Reform Act of 2011.''.
                                 ______
                                 
  SA 153. Mr. REID of Nevada submitted an amendment intended to be 
proposed by him to the bill S. 23, to amend title 35, United States 
Code, to provide for patent reform; which was ordered to lie on the 
table; as follows:

       At the end of the amendment, add the following:

     SEC. ____. PUBLIC INSTITUTIONS OF HIGHER EDUCATION IN EPSCOR 
                   ELIGIBLE JURISDICTIONS.

       Chapter 11 of title 35, United States Code, is further 
     amended by inserting after section 123, the following:

     ``SEC. 124. EPSCOR.

       ``Notwithstanding any other provision of this chapter, for 
     purposes of section 123, a micro entity shall include an 
     applicant who certifies that--
       ``(1) the applicant's employer, from which the applicant 
     obtains the majority of the applicant's income, is a State 
     public institution of higher education, as defined in section 
     102 of the Higher Education Act of 1965 (20 U.S.C. 1002), in 
     a jurisdiction that is eligible to qualify under the Research 
     Infrastructure Improvement Grant Program administered by the 
     Office of Experimental Program to Stimulate Competitive 
     Research (EPSCoR); or
       ``(2) the applicant has assigned, granted, conveyed, or is 
     under an obligation by contract or law to assign, grant, or 
     convey, a license or other ownership interest in the 
     particular application to such State public institution, 
     which is in a jurisdiction that is eligible to qualify under 
     the Research Infrastructure Improvement Grant Program 
     administered by the Office of Experimental Program to 
     Stimulate Competitive Research (EPSCoR).''.
                                 ______
                                 
  SA 154. Mr. BAUCUS (for himself and Mr. Grassley) submitted an 
amendment intended to be proposed by him to the bill S. 23, to amend 
title 35, United States Code, to provide for patent reform; which was 
ordered to lie on the table; as follows:

       At the end, add the following:
       (e) Exclusion.--This section does not apply to that part of 
     an invention that is a method, apparatus, computer program 
     product, or system, that is used solely for preparing a tax 
     or information return or other tax filing, including one that 
     records, transmits, transfers, or organizes data related to 
     such filing.
                                 ______
                                 
  SA 155. Mr. BAUCUS (for himself and Mr. Grassley) submitted an 
amendment intended to be proposed to amendment SA 141 proposed by Mr. 
Baucus (for himself and Mr. Grassley) to the bill S. 23, to amend title 
35, United States Code, to provide for patent reform; which was ordered 
to lie on the table; as follows:

       On page 1, line 3, beginning with ``shall not'' strike all 
     through line 7, and insert ``does not apply to that part of 
     an invention that is a method, apparatus, computer program 
     product, or system, that is used solely for preparing a tax 
     or information return or other tax filing, including one that 
     records, transmits, transfers, or organizes data''.

                                 ______
                                 
  SA 156. Mr. BAUCUS (for himself and Mr. Grassley) submitted an 
amendment intended to be proposed to amendment SA 141 proposed by Mr. 
Baucus (for himself and Mr. Grassley) to the bill S. 23, to amend title 
35, United States Code, to provide for patent reform; which was ordered 
to lie on the table; as follows:

       On page 1, strike lines 3 through 8 and insert the 
     following:
       (e) Exclusion.--This section does not apply to that part of 
     an invention that is a method, apparatus, computer program 
     product, or system, that is used solely for preparing a tax 
     or information return or other tax filing, including one that 
     records, transmits, transfers, or organizes data related to 
     such filing.
                                 ______
                                 
  SA 157. Ms. SNOWE submitted an amendment intended to be proposed by 
her to the bill H.R. 1, making appropriations for the Department of 
Defense and the other departments and agencies of the Government for 
the fiscal year ending September 30, 2011, and for other purposes; 
which was ordered to lie on the table; as follows:


[[Page S1332]]


       At the appropriate place, insert the following:

                      TITLE _--BIENNIAL BUDGETING

     SEC. _01. GOVERNMENT PLANS ON A BIENNIAL BASIS.

       (a) Strategic Plans.--Section 306 of title 5, United States 
     Code, is amended--
       (1) in subsection (a), by striking ``September 30, 1997'' 
     and inserting ``September 30, 2011'';
       (2) in subsection (b)--
       (A) by striking ``five years forward'' and inserting ``6 
     years forward'';
       (B) by striking ``at least every three years'' and 
     inserting ``at least every 4 years''; and
       (C) by striking beginning with ``, except that'' through 
     ``four years''; and
       (3) in subsection (c), by inserting a comma after 
     ``section'' the second place it appears and adding 
     ``including a strategic plan submitted by September 30, 2011 
     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 a 2-year period beginning with the first fiscal 
     year of the next biennial budget cycle.'';
       (2) in subsection (d) by striking ``annual'' and inserting 
     ``biennial''; and
       (3) in paragraph (6) of subsection (f) by striking 
     ``annual'' and inserting ``biennial''.
       (d) Managerial Accountability and Flexibility.--Section 
     9703 of title 31, United States Code, relating to managerial 
     accountability, is amended--
       (1) in subsection (a)--
       (A) in the first sentence by striking ``annual''; and
       (B) by striking ``section 1105(a)(29)'' and inserting 
     ``section 1105(a)(28)'';
       (2) in subsection (e)--
       (A) in the first sentence by striking ``one or'' before 
     ``years'';
       (B) in the second sentence by striking ``a subsequent 
     year'' and inserting ``a subsequent 2-year period''; and
       (C) in the third sentence by striking ``three'' and 
     inserting ``4''.
       (e) Pilot Projects for Performance Budgeting.--Section 1119 
     of title 31, United States Code, is amended--
       (1) in paragraph (1) of subsection (d), by striking 
     ``annual'' and inserting ``biennial''; and
       (2) in subsection (e), by striking ``annual'' and inserting 
     ``biennial''.
       (f) Strategic Plans.--Section 2802 of title 39, United 
     States Code, is amended--
       (1) is subsection (a), by striking ``September 30, 1997'' 
     and inserting ``September 30, 2011'';
       (2) by striking ``five years forward'' and inserting ``6 
     years forward'';
       (3) in subsection (b), by striking ``at least every three 
     years'' and inserting ``at least every 4 years''; and
       (4) in subsection (c), by inserting a comma after 
     ``section'' the second place it appears and inserting 
     ``including a strategic plan submitted by September 30, 2011 
     meeting the requirements of subsection (a)''.
       (g) Performance Plans.--Section 2803(a) of title 39, United 
     States Code, is amended--
       (1) in the matter before paragraph (1), by striking ``an 
     annual'' and inserting ``a biennial'';
       (2) in paragraph (1), by inserting after ``program 
     activity'' the following: ``for both years 1 and 2 of the 
     biennial plan'';
       (3) in paragraph (5), by striking ``and'' after the 
     semicolon;
       (4) in paragraph (6), by striking the period and inserting 
     ``; and''; and
       (5) by adding after paragraph (6) the following:
       ``(7) cover a 2-year period beginning with the first fiscal 
     year of the next biennial budget cycle.''.
       (h) Committee Views of Plans and Reports.--Section 301(d) 
     of the Congressional Budget Act (2 U.S.C. 632(d)) is amended 
     by adding at the end ``Each committee of the Senate or the 
     House of Representatives shall review the strategic plans, 
     performance plans, and performance reports, required under 
     section 306 of title 5, United States Code, and sections 1115 
     and 1116 of title 31, United States Code, of all agencies 
     under the jurisdiction of the committee. Each committee may 
     provide its views on such plans or reports to the Committee 
     on the Budget of the applicable House.''.
       (i) Effective Date.--
       (1) In general.--The amendments made by this section shall 
     take effect on March 1, 2012.
       (2) Agency actions.--Effective on and after the date of 
     enactment of this Act, each agency shall take such actions as 
     necessary to prepare and submit any plan or report in 
     accordance with the amendments made by this Act.

     SEC. _02. BIENNIAL APPROPRIATIONS BILLS.

       (a) In General.--Title III of the Congressional Budget Act 
     of 1974 (2 U.S.C. 631 et seq.) is amended by adding at the 
     end the following:


            ``consideration of biennial appropriations bills

       ``Sec. 317. It shall not be in order in the House of 
     Representatives or the Senate in any odd-numbered year to 
     consider any regular bill providing new budget authority or a 
     limitation on obligations under the jurisdiction of any of 
     the subcommittees of the Committees on Appropriations for 
     only the first fiscal year of a biennium, unless the program, 
     project, or activity for which the new budget authority or 
     obligation limitation is provided will require no additional 
     authority beyond 1 year and will be completed or terminated 
     after the amount provided has been expended.''.
       (b) Amendment to Table of Contents.--The table of contents 
     set forth in section 1(b) of the Congressional Budget and 
     Impoundment Control Act of 1974 is amended by adding after 
     the item relating to section 316 the following new item:

``Sec. 317. Consideration of biennial appropriations bills.''.

     SEC. _03. 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.

     SEC. _04. EFFECTIVE DATE.

       Except as provided in section _03, this title and the 
     amendments made by this title shall take effect on January 1, 
     2012, and shall apply to budget resolutions and 
     appropriations for the biennium beginning with fiscal year 
     2013.

                          ____________________