[House Report 113-382]
[From the U.S. Government Publishing Office]
113th Congress Rept. 113-382
HOUSE OF REPRESENTATIVES
2d Session Part 1
_______________________________________________________________________
H.R. 1869, BIENNIAL BUDGETING AND
ENHANCED OVERSIGHT ACT OF 2014
__________
R E P O R T
of the
COMMITTEE ON THE BUDGET
HOUSE OF REPRESENTATIVES
to accompany
H.R. 1869
together with
ADDITIONAL VIEWS
March 21, 2014.--Ordered to be printed
COMMITTEE ON THE BUDGET
PAUL RYAN, Wisconsin, Chairman
TOM PRICE, Georgia CHRIS VAN HOLLEN, Maryland,
SCOTT GARRETT, New Jersey Ranking Minority Member
JOHN CAMPBELL, California ALLYSON Y. SCHWARTZ, Pennsylvania
KEN CALVERT, California JOHN A. YARMUTH, Kentucky
TOM COLE, Oklahoma BILL PASCRELL, Jr., New Jersey
TOM McCLINTOCK, California TIM RYAN, Ohio
JAMES LANKFORD, Oklahoma GWEN MOORE, Wisconsin
DIANE BLACK, Tennessee KATHY CASTOR, Florida
REID J. RIBBLE, Wisconsin JIM McDERMOTT, Washington
BILL FLORES, Texas BARBARA LEE, California
TODD ROKITA, Indiana HAKEEM S. JEFFRIES, New York
ROB WOODALL, Georgia MARK POCAN, Wisconsin
MARSHA BLACKBURN, Tennessee MICHELLE LUJAN GRISHAM, New Mexico
ALAN NUNNELEE, Mississippi JARED HUFFMAN, California
E. SCOTT RIGELL, Virginia TONY CARDENAS, California
VICKY HARTZLER, Missouri EARL BLUMENAUER, Oregon
JACKIE WALORSKI, Indiana KURT SCHRADER, Oregon
LUKE MESSER, Indiana [Vacant]
TOM RICE, South Carolina
ROGER WILLIAMS, Texas
SEAN P. DUFFY, Wisconsin
Professional Staff
Austin Smythe, Staff Director
Thomas S. Kahn, Minority Staff Director
C O N T E N T S
Page
H.R. 1869, Biennial Budgeting and Enhanced Oversight Act of 2014. 1
Introduction..................................................... 2
Purpose and Need................................................. 3
Summary of Proposed Changes...................................... 9
Legislative History.............................................. 9
Hearings......................................................... 14
Section by Section............................................... 14
Votes of the Committee........................................... 17
Committee Oversight Findings..................................... 19
Budget Act Compliance............................................ 19
Performance Goals and Objectives................................. 20
Constitutional Authority Statement............................... 20
Committee Cost Estimate.......................................... 20
Advisory Committee Statement..................................... 20
Applicability to the Legislative Branch.......................... 20
Federal Mandates Statement....................................... 20
Advisory on Earmarks............................................. 20
Duplication of Federal Programs.................................. 20
Disclosure of Directed Rule Makings.............................. 21
Changes in Existing Law Made by the Bill, as Reported............ 21
Views of Committee Members....................................... 42
113th Congress Rept. 113-382
HOUSE OF REPRESENTATIVES
2d Session Part 1
======================================================================
BIENNIAL BUDGETING AND ENHANCED
OVERSIGHT ACT OF 2014
_______
March 21, 2014.--Ordered to be printed
_______
Mr. Ryan of Wisconsin, from the Committee on the Budget, submitted the
following
R E P O R T
together with
ADDITIONAL VIEWS
[To accompany H.R. 1869]
[Including cost estimate of the Congressional Budget Office]
The Committee on the Budget, to whom was referred the bill
(H.R. 1869) to establish biennial budgets for the United States
Government, having considered the same, reports favorably
thereon with amendments and recommends that the bill as amended
do pass.
The amendments (stated in terms of the page and line
numbers of the introduced bill) are as follows:
Page 1, line 5, strike ``2013'' and insert ``2014''.
Page 2, line 13, insert ``and Impoundment Control'' after ``Budget''.
Page 3, line 4, strike ``Fourteenth'' and insert ``Fifteenth''.
Page 4, line 12, strike ``four'' and insert ``4''.
Page 5, line 14, strike ``and'' after the semicolon.
Page 5, line 22, strike the first period and the second period and
insert a semicolon and ``; and'', respectively.
Page 5, after line 22, insert the following:
(5) in paragraph (4), as redesignated, by striking the
semicolon and inserting a period.
Page 8, line 21, insert ``as redesignated,'' after ``subparagraph
(B),''.
Page 9, line 24, insert ``and Impoundment Control'' after ``Budget''.
Page 10, line 20, insert ``the'' before ```first fiscal year'''.
Page 12, beginning on line 19, strike ``is amended'' and insert ``,
as amended, is further amended''.
Page 12, lines 21 and 23, strike ``(12)'' and ``(13)'' and insert
``(14)'' and ``(15)'', respectively.
Page 13, line 1, strike ``(14)'' and insert ``(16)''.
Page 17, beginning on line 4, strike ``, THE BALANCED BUDGET AND
EMERGENCY DEFICIT CONTROL ACT OF 1985,''.
Page 20, strike lines 12 thorugh 15 and redesignate subsequent
subsections accordingly.
Page 22, line 17, strike ``Fourteenth'' and insert ``Fifteenth''.
Page 24, line 23, strike the comma.
Page 25, line 7, strike ``2016'' and insert ``2017''.
Page 28, line 21, insert ``before'' before ``March 1''.
Page 30, line 21, strike ``2016'' and insert ``2017''.
Page 31, lines 13 and 22, strike ``2014'' and insert ``2016''.
Page 32, lines 2 and 9, strike ``2014'' and insert ``2016''.
Page 33, line 8, strike ``2015'' and insert ``2017''.
Page 33, line 10, strike ``2014'' and insert ``2016''.
Introduction
H.R. 1869, the ``Biennial Budgeting and Enhanced Oversight
Act of 2014,'' was introduced by Representative Reid Ribble of
Wisconsin on May 8, 2013. This bill amends the Congressional
Budget Act of 1974, the rules of the House of Representatives,
and the laws governing the contents of the President's budget
submission and appropriations bills to establish a biennial
budgeting cycle for the United States government. In the first
session of Congress (i.e., odd-numbered years), Congress would
adopt a budget resolution and appropriations bills. Congress
would then consider authorization legislation in the second
session (i.e., even-numbered years). Under a biennial budget,
Congress could still provide supplemental funding where
additional funding is needed or could rescind funding where it
is not needed, including in even-numbered years.
The Congressional Budget Act of 1974 requires Congress to
complete action on a budget resolution by April 15 (before
1986, May 15 was the deadline). This statutory deadline for a
concurrent resolution on the budget has been met only six times
and was most recently met in 2003 for fiscal year 2004.
Congress has not completed all of the individual appropriations
bills by the beginning of the fiscal year (October 1) since
1994 for fiscal year 1995, making it 20 years. Since 2010, the
House of Representatives passed only six of the regular
appropriations bills in 2011, seven in 2012, and only four in
2013. The Senate did not complete any of the regular
appropriations bills last year. By relying on continuing
resolutions or large omnibus appropriations measures, enacted
well after the beginning of the fiscal year, Congress does not
effectively deliberate over appropriations legislation, and as
a result, makes it more difficult for agencies to plan and
manage federal programs. Under a two-year process, Congress
would have one year in every two devoted solely to program
oversight and reauthorization.
Building on the recent experience of the Bipartisan Budget
Act of 2013 (P.L. 113-67), which provided a budget framework
for two fiscal years, the Biennial Budgeting and Enhanced
Oversight Act of 2014 establishes a biennial budgeting cycle
that provides greater opportunities for review of government
spending, establishes more certainty in the budget and
appropriations process, and allows agencies to plan and manage
their programs more effectively.
Purpose and Need
The annual budget process is broken. Congress is constantly
budgeting and appropriating, but not in a deliberative or
sensible way. Instead, Congress ``deems'' budgets and
appropriates by supplemental or huge omnibus measures that are
completed well after the fiscal year has begun for programs
that frequently are unauthorized. Washington should spend less
time spending taxpayer dollars and more time making government
more efficient and more effective. A biennial budget would
allow Congress to prioritize its work by completing the budget
resolution and appropriations bills in odd-numbered years and
conducting oversight and enacting multi-year authorization
bills in even-numbered years.
Congress and the Executive Branch are preoccupied by an
annual budget process that routinely produces missed deadlines,
uncertainty, and a last-minute scramble to complete action on
appropriations measures either through stopgap or omnibus
appropriations measures. President Obama has not met the
deadline to submit his budget request on time since 2010.
Congress has not completed a budget resolution since 2009 and
has not enacted all of the regular appropriations bills on time
since 1994. There has never been a year in which the President
submitted his budget on time, Congress completed the budget
resolution by the statutory deadline, and all of the
appropriations bills were enacted by the beginning of the
fiscal year.
DATES OF FINAL ADOPTION OF THE BUDGET-RESOLUTION CONFERENCE REPORT
[FY1976-FY2014]
----------------------------------------------------------------------------------------------------------------
Fiscal year Date adopted Fiscal year Date adopted
----------------------------------------------------------------------------------------------------------------
1976 05-14-1975 1996 06-29-1995
1977 05-13-1976 1997 06-13-1996
1978 05-17-1977 1998 06-05-1997
1979 05-17-1978 1999 [none]
1980 05-24-1979 2000 04-15-1999
1981 06-12-1980 2001 04-13-2000
1982 05-21-1981 2002 05-10-2001
1983 06-23-1982 2003 [none]
1984 06-23-1983 2004 04-11-2003
1985 10-01-1984 2005 [none]
1986 08-01-1985 2006 04-28-2005
1987 06-27-1986 2007 [none]
1988 06-24-1987 2008 05-17-2007
1989 06-06-1988 2009 06-05-2008
1990 05-18-1989 2010 04-29-2009
1991 10-09-1990 2011 [none]
1992 05-22-1991 2012 [none]
1993 05-21-1992 2013 [none]
1994 04-01-1993 2014 [none]
1995 05-12-1994
----------------------------------------------------------------------------------------------------------------
Source: Bill Heniff, Jr., ``Congressional Budget Resolutions: Historical Information,'' CRS Report (RL30297).
Federal spending can be broken into two categories. In the
first, Congress provides ``discretionary'' funding on an annual
basis through the appropriations process. For discretionary
spending, Congress must take action each year to enact a new
law before agencies can spend discretionary funds.
The remainder of federal spending, known as ``mandatory''
spending, is generally provided through permanent law, and
there is no requirement that Congress review or approve this
spending on an annual basis. In fact, Congress must enact a new
law to limit the growth or reduce this funding. In addition,
most mandatory spending operates under formulas where the
spending grows each year, frequently faster than inflation,
faster than the growth in the population, and faster than the
growth in the economy. As a result, mandatory spending is
increasingly dominating the federal budget. Fifty years ago,
mandatory spending was just under one-third of total federal
spending.\1\ CBO estimates that it will amount to nearly two-
thirds of the budget this year, growing to over three-fourths
of total spending by 2024.\2\
---------------------------------------------------------------------------
\1\In 1964, total outlays amounted to $118.5 billion, with
discretionary spending of $79.1 billion (66.8 percent) and mandatory
spending and net interest totaling $39.4 billion (33.2 percent).
Source: Office of Management and Budget, ``Historical Tables,'' tables
8.1 and 8.3, http://www.whitehouse.gov/omb/budget/historicals.
\2\For fiscal year 2014, CBO estimates total outlays will amount to
$3.454 trillion, with discretionary spending of $1.201 trillion (34.8
percent) and mandatory spending and net interest totaling $2.253
trillion (65.2 percent). CBO projects that total spending will rise to
$6 trillion by 2024, with discretionary spending of $1.383 trillion (23
percent) and mandatory spending and net interest totaling $4.617
trillion (77%). Source: Congressional Budget Office, ``The Budget and
Economic Outlook: 2014 to 2024,'' February 2014, Table 1-2, p. 12,
http://www.cbo.gov/sites/default/files/cbofiles/attachments/45010-
Outlook2014.pdf.
---------------------------------------------------------------------------
There is no requirement that Congress review mandatory
spending. The budget resolution can include reconciliation
instructions to authorizing committees to produce
reconciliation legislation making changes to mandatory spending
or revenue. However, this process is used on an intermittent
basis and is frequently used to achieve a specific policy
outcome rather than as a comprehensive review of mandatory
spending or revenues. The last time Congress used
reconciliation was in 2009 and 2010 to generate the Health Care
and Education Reconciliation Act of 2010, one of two bills that
put in place the health-care law in 2010.
In addition to mandatory spending, over time Congress has
added new credits, deductions, exclusions, and other
preferences to the tax code. While these provisions in the tax
code are characterized as ``tax expenditures,'' they are
different from federal spending. A tax expenditure arises when
an individual's tax liability is reduced from what it would
otherwise be under federal law. Many tax expenditures are
fundamentally different from federal spending because they lead
to a reduction in collections to Treasury and not an increase
in spending from the Treasury. Still, there has been a huge
growth in these tax expenditures, amounting to an estimated 8.2
percent of gross domestic product, or $1.4 trillion in 2014.\3\
As is the case with mandatory spending, most tax expenditures
are permanent law, there is no requirement to review tax
expenditures and they, like mandatory spending in the case of
spending, have grown to dominate the tax code.
---------------------------------------------------------------------------
\3\Congressional Budget Office, ``The Budget and Economic Outlook:
2014-2024,'' February 2014, p. 90, http://www.cbo.gov/sites/default/
files/cbofiles/attachments/45010-Outlook2014.pdf.
ENACTMENT OF REGULAR APPROPRIATIONS BILLS AND USE OF CONTINUING RESOLUTIONS
[FY1977-FY2014]
----------------------------------------------------------------------------------------------------------------
Regular appropriations bills
Fiscal year Total number of regular enacted on or before October Continuing resolutions
appropriations bills\a\ 1 enacted\b\
----------------------------------------------------------------------------------------------------------------
1977 13 13 (2)\c\
1978 13 9 3
1979 13 5 1
1980 13 3 2
1981 13 1 3
1982 13 0 4
1983 13 1 2
1984 13 4 2
1985 13 4 5
1986 13 0 5
1987 13 0 6
1988 13 0 5
1989 13 13 0
1990 13 1 3
1991 13 0 5
1992 13 4 4
1993 13 1 1
1994 13 2 3
1995 13 13 0
1996 13 0 13
1997 13 (13)\d\ 0
1998 13 1 6
1999 13 1 6
2000 13 4 7
2001 13 2 21
2002 13 0 8
2003 13 0 8
2004 13 3 5
2005 13 1 3
2006 11 2 3
2007 11 1 4
2008 12 0 4
2009 12 (3)\e\ 2
2010 12 1 2
2011 12 0 8
2012 12 0 5
2013 12 0 2
2014 12 0 4
----------------------------------------------------------------------------------------------------------------
a. Between the 95th and 108th Congresses, there were 13 House and Senate Appropriations subcommittees
responsible for one regular appropriations bill each. During the 109th Congress, due to subcommittee
realignment, the total number of regular appropriations bills was effectively reduced to 11 during each year
of this Congress. Beginning in the 110th Congress, subcommittee jurisdictions were again realigned for a total
of 12 subcommittees, each of which is currently responsible for a single regular appropriations bill. For
further information on subcommittee realignment during this period, see CRS Report RL31572, ``Appropriations
Subcommittee Structure: History of Changes from 1920 to 2013,'' by Jessica Tollestrup.
b. For further information on each of these continuing resolutions, see Table 4.
c. Although all 13 FY1977 regular appropriations bills became law on or before the start of the fiscal year, two
CRs were enacted. These CRs generally provided funding for certain activities that had not been included in
the regular appropriations acts.
d. This number reflects six regular acts being combined to form an omnibus appropriations act, and enacting the
other seven bills individually.
e. Three regular appropriations bills were packaged into a single act that also included the initial FY2010 CR
(P.L. 110-329).
Source: Jessica Tollestrup, ``Continuing Resolutions: Overview of Components and Recent Practices,'' CRS Report
(R42647).
The Executive Branch and Congress must address
discretionary spending each year and frequently do so in a
chaotic fashion, confronting government shutdowns, enacting
stop-gap measures known as continuing resolutions to avoid
shutdowns, and usually finalizing the process with a huge
omnibus appropriations measure done at the last minute without
the deliberation or scrutiny that comes from enacting all 12
appropriations bills separately. This leads to a perverse
result, in which the federal budget is increasingly dominated
by mandatory spending, while Congress and the Executive
Branch's attention is increasingly focused on discretionary
spending, which is shrinking as a share of total spending.
By shifting to a two-year cycle, this legislation will
ensure that Congress is not constantly racing to meet the next
budget deadline. Giving Congress more time to focus on
appropriations through a biennial budget cycle in odd-numbered
years will increase the probability of enacting more bills on
time. In addition, the chaos in the appropriations process
makes it more difficult for agencies to plan and manage federal
programs. The Department of Defense provides one example. In
testimony before the House Budget Committee, Chuck Hagel, the
Secretary of the Department of Defense, stated, ``Today, the
Department of Defense faces the significant challenge of
conducting long-term planning and budgeting at a time of
considerable uncertainty both in terms of the security
challenges we face around the world and the levels of defense
spending we can expect here at home.''\4\
---------------------------------------------------------------------------
\4\Testimony of the Honorable Chuck Hagel, Secretary, U.S.
Department of Defense, House Budget Committee hearing, ``The Department
of Defense and the Fiscal Year 2014 Budget,'' June 12, 2013, p. 8.
---------------------------------------------------------------------------
A biennial budget would give agencies more certainty. In
fiscal year 2013, agencies operated under a temporary-funding
resolution until enactment on March 26 of a full-year funding
resolution. It is nearly impossible for an agency to plan and
effectively manage programs when it does not know what its
funding levels are. A biennial budget would give agencies more
time to plan, particularly for multi-year programs and
projects, and give managers some certainty about their budget
levels as they execute budgets. It would also allow Congress to
devote one year in every two to nothing but program oversight
and reauthorization.
A biennial budget enjoys strong bipartisan support. This
legislation has 142 bipartisan co-sponsors, including 21
members of the House Budget Committee and 7 members of the
House Appropriations Committee. In 1993, the final report of
the Joint Committee on the Organization of Congress recommended
a biennial budget and appropriations process.\5\ The report
stated, ``With biennial budgeting, the budget process should be
less complicated, less repetitious, and instead be more
understandable and meaningful.''\6\ Additionally, the report
stated that ``[t]wo-year cycles will also permit executive
branch agencies to plan for the longer term, a failure of the
current system.''\7\
---------------------------------------------------------------------------
\5\Senate Report 103-215, Vol. I--Organization of the Congress,
Final Report of the Senate Members of the Joint Committee on the
Organization of Congress, December 1993, p. 13.
\6\Ibid.
\7\Ibid.
---------------------------------------------------------------------------
A biennial budget was supported by the Reagan, George H.W.
Bush, Clinton, and George W. Bush administrations.\8\ In
particular, the 1993 National Performance Review found that
``[c]onsiderable time could be saved--and used more
effectively--in both the executive and legislative branches of
government if budgets and appropriations were moved to a
biennial cycle.''\9\ President Clinton's fiscal year 2001
budget and President George W. Bush's fiscal year 2004 budget
each provided support for a biennial budget.\10\
---------------------------------------------------------------------------
\8\Jessica Tollestrup, ``Biennial Budgeting: Options, Issues, and
Previous Congressional Action,'' March 28, 2013, p. 9, CRS Report
(R41764).
\9\Ibid.
\10\Ibid.; See also U.S. Office of Management and Budget, ``Budget
of the United States Government, Fiscal Year 2001, Analytical
Perspectives,'' p. 287 and U.S. Office of Management and Budget,
``Budget of the United States Government, Fiscal Year 2004, Analytical
Perspectives,'' p. 318.
---------------------------------------------------------------------------
Biennial budgeting draws support from Democratic budget
experts such as former Senate Budget Committee Chairman, Kent
Conrad; former House Budget Committee Chairman and Secretary of
Defense, Leon Panetta; and former Office of Management and
Budget Directors Alice Rivlin, Jack Lew, and Franklin Raines.
Former OMB and CBO Director Alice Rivlin, when asked about a
biennial budget process at a House Budget Committee hearing,
stated, ``I think the main benefit is that it saves everybody
time.''\11\
---------------------------------------------------------------------------
\11\Testimony of Alice Rivlin, House Committee on the Budget
hearing, ``The Broken Budget Process: Perspectives from Former CBO
Directors,'' September 21, 2011, p. 22, available at http://
congressional.proquest.com/congressional/result/
pqpresultpage.gispdfhitspanel.pdflink/
http%3A$2f$2fprod.cosmos.dc4.bowker-dmz.com$2fapp-bin$2fgis-
hearing$2f3$2f5$2fa$2ff$2fhrg-2011-bgh-0015-signed.pdf/
entitlementkeys=1234.
---------------------------------------------------------------------------
Jack Lew has testified in support of a biennial budget on
two occasions. In 1998, Lew testified at his nomination hearing
before the Senate Committee on Governmental Affairs, ``A
biennial budget would be really a very good change. The budget
season used to be part of the year. It has become all of the
year and there is virtually no space between beginning and
ending the process, which makes it very difficult to focus on
the kinds of long-term management issues, the kinds of long-
term program design issues that many of the questions you are
asking today are really all about. We think it would be a much
more constructive use of both the legislative and the Executive
Branch's time if we had a cycle that was every 2 years, not
every year, on the appropriations side.''\12\ In 2000, before
the House Rules Committee, Lew testified, ``[T]he
Administration continues to believe that biennial budgeting
offers a management tool with potential to contribute to the
enhanced performance of the Federal Government.''\13\ Lew
further testified, ``[T]he primary potential benefit from
biennial budgeting is that, by concentrating budget decisions
in the first year of each two-year period, time would be freed
up in the second year that could be redirected to management,
long-range planning, and oversight.''\14\
---------------------------------------------------------------------------
\12\Testimony of Jacob J. Lew, Senate Committee on Governmental
Affairs hearing, ``Nomination of Jacob J. Lew to Be Director of the
Office of Management and Budget,'' June 22, 1998, p. 16.
\13\Testimony of Jacob J. Lew, Director, Office of Management and
Budget, House Committee on Rules hearing, ``Budget Reform,'' March 10,
2000, http://www.whitehouse.gov/omb/legislative_testimony_20000310/.
\14\Ibid.
---------------------------------------------------------------------------
In 1997, then OMB Director Franklin Raines testified in
support of a biennial budget before the Senate Committee on
Governmental Affairs. He stated, ``Biennial budgeting also
offers the potential to make government work better in
important ways, and that is why the administration has
expressed strong support for the concept on numerous
occasions.''\15\ Raines also stated, ``For biennial budgeting
to work, it must cover each phase of the budget process--the
President's budget, the Congressional budget resolution, and
appropriations.''\16\ Raines further stated, ``One of the more
compelling advantages of biennial appropriations is that it
could provide greater stability and predictability for those
served and involved in Federal Government programs--such as
individuals receiving Federal benefits or States and non-
profits receiving Federal grants.''\17\
---------------------------------------------------------------------------
\15\Testimony of Franklin Raines, Senate Committee on Governmental
Affairs hearing, ``S. 261--Biennial Budgeting and Appropriations Act,''
April 23, 1997, p. 7.
\16\Ibid.
\17\Ibid. at p. 8
---------------------------------------------------------------------------
Leon Panetta was the author of one of the first biennial
reform bills in 1977. In 2012, then Secretary of Defense Leon
Panetta testified before the House Budget Committee that he
supported a biennial budget.\18\ He stated, ``[W]e would have
been better off establishing a two year process; it would give
us some planning for the future. * * * [I]t would have provided
a little more stability, I think, within the Congress.''\19\
---------------------------------------------------------------------------
\18\Testimony of Secretary of Defense Leon Panetta, House Committee
on the Budget hearing, ``The Department of Defense and the Fiscal Year
2013 Budget,'' February 29, 2012, p. 40.
\19\Ibid., p. 39-40
---------------------------------------------------------------------------
According to G. William Hoagland, a senior vice president
of the Bipartisan Policy Center, a biennial budget ``would
offer a saner, more rational and efficient approach.''\20\
Hoagland further stated, ``If you're spending all your time
appropriating and budgeting, you're not able to free up
members' time and attention to deal with the underlying
authorization and appropriations process. It's good
governance.''\21\
---------------------------------------------------------------------------
\20\Eric Pianin, The Fiscal Times, ``End Beltway Brawls? Try
Biennial Budgeting,'' January 31, 2014, http://www.thefiscaltimes.com/
Articles/2014/01/31/End-Beltway-Brawls-Try-Biennial-Budgeting.
\21\Ibid.
---------------------------------------------------------------------------
A recent Brookings Institution article entitled,
``Reforming the Budget: Four Steps to Restore Fiscal
Discipline,'' also provides support for a biennial budget.
Implementing a biennial budget is one of these four steps.\22\
The article states, ``One of the simplest ways to do budgeting
better is simply to do it less often.''\23\
---------------------------------------------------------------------------
\22\Linda Blimes, Brookings Institution, ``Reforming the Budget:
Four Steps to Restore Fiscal Discipline,'' February 5, 2014, http://
www.brookings.edu/blogs/fixgov/posts/2014/02/04-budget-reform-
accounting-system-overhead-bilmes.
\23\Ibid.
---------------------------------------------------------------------------
Independent organizations across the political spectrum
also support a biennial budget. These include The Committee for
a Responsible Federal Budget, Third Way, Concord Coalition,
National Taxpayers Union, Council for Citizens Against
Government Waste, and No Labels.\24\ The Committee for a
Responsible Federal Budget wrote a letter in support of this
legislation which stated, ``The primary benefit of a biennial
budget cycle is the extra time it permits Congress and the
White House to take a more careful look at our budget and
federal programs, particularly those currently on auto-pilot.
In order to fix our pressing fiscal problems, we must go
through our spending and tax policies with a fine-toothed comb
and determine what works, what needs fixing, and what doesn't
work.''\25\
---------------------------------------------------------------------------
\24\Congressman Reid Ribble, ``Biennial Budgeting Will Help Fix
Washington's Broken Budget System'' http://ribble.house.gov/biennial-
budgeting-will-help-fix-washingtons-broken-budget-system.
\25\Ibid.; See also http://edit-ribble.house.gov/sites/
ribble.house.gov/files/01132014%20CRFB%20Biennial%20Letter.pdf.
---------------------------------------------------------------------------
Over the past few decades, many states have used a biennial
budget process.\26\ As of 2011, 19 states operate on a biennial
budget.\27\
---------------------------------------------------------------------------
\26\Ronald K. Snell, National Conference of State Legislatures,
``State Experiences with Annual and Biennial Budgeting,'' April 2011,
p. 1, available at http://www.ncsl.org/documents/fiscal/
BiennialBudgeting_May2011.pdf.
\27\Ibid.
---------------------------------------------------------------------------
In sum, a biennial budget is a widely supported bipartisan
reform that would allow Congress to prioritize its work by
completing the budget resolution and appropriations bills in
odd-numbered years and devote more time to program oversight
and reauthorization in even-numbered years.
Summary of Proposed Changes
The bill amends the Congressional Budget Act, the rules of
the House of Representatives, the laws regarding the contents
of the President's budget submission and appropriations bills
to provide for a two-year budget, appropriations, and
authorizations process.
In odd-numbered years, Congress would adopt a budget
resolution that would provide annual levels for at least a
five-year period. The resolution would include an allocation to
the House and Senate Appropriations Committees for each of the
years in the two-year period (biennium). The Appropriations
Committees would then complete appropriations bills in odd-
numbered years that would contain appropriations for each of
the years in the biennium.
Even-numbered years would be reserved for Congressional
oversight and Congressional consideration of authorization
legislation. The bill requires authorization bills to have a
term of at least two years. The bill does not prohibit the
consideration of supplemental appropriations or rescissions to
appropriations in the second year of the biennium.
Legislative History
Since the 93d Congress, several bills making amendments to
the Congressional Budget Act of 1974 to establish a biennial
budget process have been introduced in the House of
Representatives and the Senate. The following is a summary of
these bills and related Congressional action.
Legislation in the 93d Congress
Under the Congressional Budget Act of 1974, the
Congressional Budget Office (CBO) was required to examine and
publish a report on the ``feasibility and advisability'' of
biennial budgeting.
Legislation in the 95th Congress
In February 1977, as required by the Congressional Budget
Act of 1974, CBO published a report, ``Advance Budgeting: A
Report to Congress,'' which found that ``if the committees did
not have to spend so much time each year on routine budgetary
[issues], they would in fact have more time for their oversight
work, leading to more rather than less oversight.''\28\
---------------------------------------------------------------------------
\28\Congressional Budget Office, ``Advance Budgeting: A Report to
the Congress,'' February 24, 1977, p. 16, available at http://cbo.gov/
sites/default/files/cbofiles/ftpdocs/111xx/doc11107/77doc716.pdf.
---------------------------------------------------------------------------
The Office of Management and Budget issued a report,
entitled ``A Study of the Advisability of Submitting the
President's Budget and Enacting Budget Authority in Advance of
the Current Timetable,'' which also supported a biennial budget
process because ``Both the President and Congress will reap
significantly greater benefits from multi-year budgeting * *
*''\29\
---------------------------------------------------------------------------
\29\Office of Management and Budget, ``A Study of the Advisability
of Submitting the President's Budget and Enacting Budget Authority in
Advance of the Current Timetable,'' p. 6; See also Senate Report 106-
12--Biennial Budgeting and Appropriations Act, p. 12; House Report 107-
200--Part 2--Budget Responsibility and Efficiency Act of 2001, p. 10.
---------------------------------------------------------------------------
Representative Leon Panetta (D-CA) introduced the Biennial
Budget Act, the first bill introduced in Congress establishing
a biennial budget process.
Legislation in the 96th Congress
Representative Leon Panetta (D-CA) reintroduced the
Biennial Budget Act, H.R. 2000. A resolution, S. Res. 197,
which required a study on the feasibility of biennial
budgeting, was introduced by Senator Dale Bumpers (D-AR).
Legislation in the 97th Congress
Representative Leon Panetta (D-CA) reintroduced his
biennial budget bill in the House of Representatives.
In the 97th Congress, four biennial budgeting bills were
introduced in the Senate. These included: S. 1683 introduced by
Senator Wendell H. Ford (D-KY), S. 2008 introduced by Senator
Dan Quayle (R-IN), S. 2629 introduced by Senator William V.
Roth, Jr. (R-DE), and S. 2848 introduced by Senator Thad
Cochran (R-MS). The Senate Governmental Affairs Committee held
hearings on the topic of biennial budgeting.
Legislation in the 98th Congress
In the 98th Congress, several biennial budgeting bills were
introduced in the House of Representatives and the Senate.
These included: H.R. 750 introduced by Representative Leon
Panetta (D-CA), S. 12 introduced by Senator Wendell H. Ford (D-
KY), S. 20 introduced by Senator William V. Roth, Jr. (R-DE),
S. 95 introduced by Senator Dan Quayle (R-IN), and S. 922
introduced by Senator Thad Cochran (R-MS). Senator Roth (R-DE)
offered an amendment, S. Amdt. 3056, to H.R. 2163 to implement
a biennial budget process. Hearings on Senator Roth's bill were
held by the Senate Governmental Affairs Committee.
Legislation in the 99th Congress
In the 99th Congress, several biennial budgeting bills were
introduced in the House of Representatives and the Senate.
These included: H.R. 382 introduced by Representative Leon
Panetta (D-CA), H.R. 748 introduced by Representative Earl
Hutto (D-FL), H.R. 2845 introduced by Representative Ike
Skelton (D-MO), H.R. 3461 introduced by Representative Robert
W. Edgar (D-PA), S. 20 introduced by Senator William V. Roth,
Jr. (R-DE), and S. 1556 introduced by Senator Wendell H. Ford
(D-KY). Two resolutions, S. Res. 157 and S. Res. 159, requiring
the establishment of a temporary select committee to examine
the budget process, including recommendations for a biennial
budget, were also introduced in the Senate.
Senator Sam Nunn (D-GA) offered an amendment to the Fiscal
Year 1986 Defense Authorization bill, which required the
President to provide biennial budget proposals for the
Department of Defense. This amendment was preserved through
conference and the conferees expressed support for a biennial
budget because it would ``substantially improve DOD management
and congressional oversight.''\30\ The conferees also expressed
a desire for all Federal spending to be through a biennial
budget.\31\
---------------------------------------------------------------------------
\30\Ibid.
\31\Ibid.
---------------------------------------------------------------------------
Legislation in the 100th Congress
In the 100th Congress, several bills implementing a
biennial budget were introduced in the House of Representatives
and the Senate. These included: H.R. 22 introduced by
Representative Leon Panetta (D-CA), H.R. 33 introduced by
Representative Hal Daub (R-NE), H.R. 777 introduced by
Representative Marilyn Lloyd (D-TN), H.R. 805 introduced by
Representative Timothy J. Penny (D-MN), H.R. 1558 introduced by
Representative Earl Hutto (D-FL), H.R. 2733 introduced by
Representative Bill Schuette (R-MI), H.R. 5205 introduced by
Representative Leon Panetta (D-CA), S. 416 introduced by
Senator William V. Roth, Jr. (R-DE), S. 832 introduced by
Senator Pete V. Domenici (R-NM), S. 1362 introduced by Senator
Nancy Landon Kassebaum (R-KS), and S. 2478 introduced by
Senator Wendell H. Ford (D-KY). The Senate Committee on
Governmental Affairs reported, with amendments, S. 2478.
On May 6, 1987, during consideration of the Senate's fiscal
year 1988 budget resolution, S. Con. Res. 49, Senator William
V. Roth, Jr. offered an amendment (S. Amdt. 186) expressing the
sense of the Congress that biennial budget process should be
enacted into law that year. The amendment was tabled in the
Senate by a 53-45 vote.
Legislation in the 101st Congress
In the 101st Congress, several biennial budgeting bills
were introduced in the House of Representatives and the Senate.
These included: H.R. 1401 introduced by Representative Ralph
Regula (R-OH), H.R. 2142 introduced by Representative Thomas J.
(Jerry) Huckaby (D-LA), and S. 29 introduced by Senator Wendell
H. Ford (D-KY). Senator John Glenn (D-OH), Chairman of the
Senate Governmental Affairs Committee, held hearings on and
ordered reported favorably S. 29.
Legislation in the 102d Congress
In the 102d Congress, several biennial budgeting bills were
introduced in the House of Representatives and the Senate.
These included: H.R. 1676 introduced by Representative James
Sensenbrenner, Jr. (R-WI), H.R. 1889 introduced by
Representative Elizabeth Patterson (D-SC), H.R. 5387 introduced
by Representative Ralph Regula (R-OH), H.R. 6089 introduced by
Representative Bill Orton (D-UT), and S. 1667 introduced by
Senator Wendell H. Ford (D-KY).
Legislation in the 103d Congress
In the 103d Congress, several biennial budgeting bills were
introduced in the House of Representatives and the Senate.
These included: H.R. 565 introduced by Representative Jim Kolbe
(R-AZ), H.R. 1383 introduced by Representative Ralph Regula (R-
OH), H.R. 2221 introduced by Representative Earl Hutto (D-FL),
S. 1287 introduced by Senator Robert F. Bennett (R-UT), and S.
1477 introduced by Senator John McCain (R-AZ).
On February 3, 1994, H.R. 3801, the Legislative
Reorganization Act of 1994, was introduced in the House of
Representatives by Representative Lee H. Hamilton (D-IN), which
included provisions implementing a biennial budget. Hearings on
this bill were held by the Committee on House Administration
and the Committee on Rules' Rules of the House and Legislative
Process Subcommittees.
On February 3, 1994, S. 1824, the Legislative
Reorganization Act of 1994, was introduced in the Senate by
Senators David L. Boren (D-OK) and Pete V. Domenici (R-NM).
This bill required executing the Joint Committee on the
Organization of Congress' recommendation to establish a
biennial budget process. The bill was reported by the Senate
Committee on Rules. Senator Domenici offered these
recommendations as an amendment to the District of Columbia
Appropriations bill, but the amendment failed in the Senate.
Legislation in the 104th Congress
In the 104th Congress, several biennial budgeting and
appropriations bills were introduced in the House of
Representatives and the Senate. These included: H.R. 252, the
Legislative Reorganization Act of 1995, introduced by
Representative Lee H. Hamilton (D-IN), which included
provisions to implement a biennial budget process; H.R. 766
introduced by Representative Sonny Callahan (R-AL); S. 1434
introduced by Senator Craig Thomas (R-WY); and S. 2049
introduced by Senator Fred Thompson (R-TN). In July 1996, the
Senate Governmental Affairs Committee's Financial Management
and Accountability Subcommittee held a hearing on the topic of
biennial budgeting.
Legislation in the 105th Congress
In the 105th Congress, a biennial budgeting and
appropriations bill were each introduced in the House of
Representatives and the Senate. These included: H.R. 2956
introduced by Representative Bill Luther (D-MN) and S. 261
introduced by Senator Pete V. Domenici (R-NM). The Senate
Budget and Governmental Affairs Committees held hearings on S.
261. The Senate Governmental Affairs Committee ordered
reported, with an amendment in the nature of a substitute, S.
261, the Biennial Budgeting and Appropriations Act.
Legislation in the 106th Congress
In the 106th Congress, several biennial budgeting and
appropriations bills were introduced in the House of
Representatives and the Senate. These included: H.R. 232
introduced by Representative Ralph Regula (R-OH), H.R. 493
introduced by Representative Cliff Stearns (R-FL), H.R. 2985
introduced by Representative Charles F. Bass (R-NH), H.R. 3586
introduced by Representative Sonny Callahan (R-AL), and S. 92
and S. 93 introduced by Senator Pete V. Domenici (R-NM).
Legislation in the 107th Congress
In the 107th Congress, several biennial budgeting and
appropriations bills were introduced in the House of
Representatives and the Senate. These included: H.R. 129
introduced by Representative Bill Luther (D-MN), H.R. 981
introduced by Representative Charles F. Bass (R-NH), H.R. 5259
introduced by Representative Paul Ryan (R-WI), and S. 3131
introduced by Senator George V. Voinovich (R-OH). The House
Budget Committee reported, with an amendment in the nature of a
substitute, H.R. 981, the Commission on Federal Budget Concepts
Act of 2001, which included provisions requiring an examination
of the feasibility of implementing a biennial budget.\32\ The
House Rules Committee also reported, with amendments, H.R. 981,
the Budget Responsibility and Efficiency Act of 2001.\33\
---------------------------------------------------------------------------
\32\See House Report 107-200--Part 1, Commission on Federal Budget
Concepts Act of 2001, p. 8.
\33\See House Report 107-200--Part 2, Budget Responsibility and
Efficiency Act of 2011.
---------------------------------------------------------------------------
Legislation in the 108th Congress
In the 108th Congress, several biennial budgeting and
appropriations bills were introduced in the House of
Representatives and the Senate. These included: H.R. 180
introduced by Representative Paul Ryan (R-WI), H.R. 3358 and
H.R. 3800 introduced by Representative Jeb Hensarling (R-TX),
S. 689 introduced by Senator George V. Voinovich (R-OH), and S.
2752 introduced by Senator Orrin G. Hatch (R-UT).
Legislation in the 109th Congress
In the 109th Congress, several biennial budgeting and
appropriations bills were introduced in the House of
Representatives and the Senate. These included: H.R. 2664
introduced by Representative David Dreier (R-CA), H.R. 6024
introduced by Representative Ed Whitfield (R-KY), H.R. 6201
introduced by Representative Brian P. Bilbray (R-CA), S. 568
introduced by Senator George V. Voinovich (R-OH), S. 877
introduced by Senator Pete V. Domenici (R-NM), and S. 3521
introduced by Senator Judd Gregg (R-NH).
Legislation in the 110th Congress
In the 110th Congress, several biennial budgeting and
appropriations bills were introduced in the House of
Representatives and the Senate. These included: H.R. 2469
introduced by Representative Ed Whitfield (R-KY), S. 1279
introduced by Senator George V. Voinovich (R-OH), and S. 2627
introduced by Senator Pete V. Domenici (R-NM).
Legislation in the 111th Congress
In the 111th Congress, a biennial budgeting and
appropriations bill were each introduced in the House of
Representatives and the Senate. These included: H.R. 6401
introduced by Representative David Dreier (R-CA) and S. 169
introduced by Senator Johnny Isakson (R-GA).
Legislation in the 112th Congress
In the 112th Congress, several biennial budgeting and
appropriations bills were introduced in the House of
Representatives and the Senate. These included: H.R. 114
introduced by Representative David Dreier (R-CA), H.R. 3082
introduced by Representative Timothy V. Johnson (R-IL), S. 211
introduced by Senator Johnny Isakson (R-GA), and S. 1274, the
Biennial Appropriations Act, introduced by Senator Michael B.
Enzi (R-WY).
Representative James Renacci (R-OH) introduced H.R. 3669,
the Budget Process Improvement Act of 2011, on December 14,
2011, which included implementing a biennial budget among other
budget process reforms.
On December 7, 2011, Members of the House Budget Committee
introduced a comprehensive package of ten legislative budget
process reform bills designed to fundamentally reform the
budget process. Included in this package was H.R. 3577, the
``Biennial Budgeting and Enhanced Oversight Act of 2011,''
introduced by Representative Reid Ribble of Wisconsin.
Legislation in the 113th Congress
In the 113th Congress, several biennial budgeting and
appropriations bills have been introduced in the House of
Representatives and the Senate. These include: H.R. 879
introduced by Representative Joe Wilson (R-SC), H.R. 1762
introduced by Representative Mac Thornberry (R-TX), H.R. 3059
introduced by Representative Ed Whitfield (R-KY), S. 554
introduced by Senator Johnny Isakson (R-GA), and S. 625, the
Biennial Appropriations Act, introduced by Senator Michael B.
Enzi (R-WY).
Representative James Renacci (R-OH) re-introduced H.R.
1654, the Budget Process Improvement Act of 2013, on April 18,
2013.
The Senate's fiscal year 2014 concurrent resolution on the
budget, S. Con. Res. 8, included a bipartisan amendment
establishing a deficit-neutral reserve fund to implement a
biennial budget and appropriations process. This amendment was
agreed to in the Senate by a 68-31 vote (Record Vote Number:
65).
On May 8, 2013, Members of the House Budget Committee
introduced a comprehensive package of seven legislative budget
process reform bills designed to fundamentally reform the
budget process. Included in this package was H.R. 1869, the
``Biennial Budgeting and Enhanced Oversight Act of 2014,''
introduced by Representative Reid Ribble of Wisconsin.
Hearings
In 2011, the House Budget Committee held two hearings to
examine ways to improve the federal budget process.
The first budget process hearing, ``The Broken Budget
Process: Perspectives From Former CBO Directors,'' was held on
September 21, 2011, with former CBO Directors Rudolph Penner
and Alice Rivlin testifying.
The second budget process hearing, ``The Broken Budget
Process: Perspectives From Budget Experts,'' was held on
September 22, 2011, with Philip Joyce (University of Maryland),
the Honorable Jim Nussle (Chairman of the Committee on the
Budget, 2001 through 2007, United States House of
Representatives) and the Honorable Phil Gramm (former United
States Senator, 1985-2002) testifying.
In 2012, the House Committee on Rules held a subcommittee
hearing on H.R. 114, the Biennial Budgeting and Appropriations
Act of 2011.
Section by Section
Section 1. Short Title.
Section 1 provides that the short title of this Act is the
``Biennial Budgeting and Enhanced Oversight Act of 2014.''
Title I--Congressional Budget Process
Section 101. Purposes.
Section 101 makes technical and conforming changes to
section 2 of the Congressional Budget Act of 1974 (CBA) to
assure effective control over the budgetary process and to
effectuate biennial budgeting.
Section 102. Definitions.
Section 102 amends section 3 of the CBA by defining the
terms ``direct spending'' and ``biennium''.
Section 103. Revision of Timetable.
Section 103 amends section 300 of the CBA to effectuate
biennial budgeting. Beginning with the One Hundred Fifteenth
Congress, this section requires Congress to adopt a biennial
budget resolution and appropriations bills in the first session
of Congress. The deadlines for the congressional budget process
are the same as currently under the CBA. Congress is then
required to consider authorization legislation in the second
session.
Section 104. Biennial Concurrent Resolutions on the Budget.
Subsections (a) and (b) make technical and conforming
changes to Section 301(a) and (b) of the CBA necessary to
effectuate biennial budgeting. Additionally, subsection (a)
requires the inclusion in the resolution of subtotals of new
budget authority and outlays for nondefense discretionary
spending, defense discretionary spending, Medicare, Medicaid
and other health-related spending, other direct spending
(excluding interest), and net interest in each concurrent
resolution.
Subsection (c) requires each Senate and House Committee to
review the strategic plans, performance plans, and performance
reports of all agencies under the jurisdiction of the
committee. Subsection (c) also permits each committee to
provide its views on such plans or reports to the Committee on
the Budget of the applicable House.
Subsection (d) makes additional technical and conforming
changes to Section 301(e) of the CBA to effectuate biennial
budgeting, including the required contents of the report. The
required contents of the report are amended to include total
outlays, total Federal revenues, the surplus or deficit, and
new budget authority and outlays for non-defense discretionary
spending, defense discretionary spending, Medicare, Medicaid
and other health-related spending, other direct spending
(excluding interest), social security, and other major
functional categories as appropriate, and net interest as set
forth in such resolution as a percentage of the gross domestic
product of the United States. Subsection (d) also requires that
if the budget resolution provides an allocation to any
committee other than the Appropriations Committee in excess of
current law levels, that the report include a justification of
why any program, project, or activity (for which the allocation
is made) should not be made subject to annual discretionary
appropriations.
Subsections (e), (f), (g), and (h) make additional
technical and conforming changes to the CBA to effectuate
biennial budgeting.
Section 105. Committee Allocations.
Section 105 makes technical and conforming changes to
section 302 of the CBA necessary to effectuate biennial
budgeting.
Section 106. Multiyear Authorizations of Appropriations.
Section 106(a) amends title III of the CBA by providing for
multiyear authorizations of appropriations and requiring such
authorizations to include an authorization for at least each
fiscal year in one or more bienniums.
It also provides an exception for an authorization of
appropriations for a single fiscal year for any program,
project, or activity if the measure containing such
authorization includes a provision stating that Congress finds
that no authorization of appropriation is required for the
applicable program, project, or activity for any subsequent
fiscal year.
Subsection 106(b) makes technical and conforming changes to
the CBA.
Section 107. Additional Amendments to the Congressional Budget Act of
1974 to Effectuate Biennial Budgeting.
Subsection (a) amends section 3 of the CBA to include the
following terms: ``Medicare'' means programs within budget
function 570; ``Medicaid and other health-related spending''
means programs within budget function 550; ``other direct
spending'' means programs other than those within budget
functions 550 and 570, excluding Social Security and net
interest.
Subsections (b), (c), (d), (e), and (f) make additional
technical and conforming changes to the CBA to effectuate
biennial budgeting.
Title II--Conforming Amendments to the Rules of the House of
Representatives and to the Congressional Budget Act of 1974
Section 201. Amendments to the Rules of the House of Representatives to
Effectuate Biennial Budgeting.
Section 201 makes technical and conforming amendments to
Rules X, XIII, XXI, and XXII of the House of Representatives to
effectuate biennial budgeting.
Section 202. Conforming Amendments to the Congressional Budget Act of
1974.
Section 202 makes technical and conforming amendments to
sections 202, 302, and 308 of the CBA to effectuate biennial
budgeting.
Title III--Conforming Amendments to Titles 1, 5, 31, and 39, United
States Code
Section 301. Two-Year Appropriations; Title and Style of Appropriation
Acts.
Section 301 amends section 105 of title 1, United States
Code, by specifying the title and style of appropriation acts
to be enacted on a biennial basis. It also provides that the
term ``biennium'' is to have the same meaning as section 3(13)
of the CBA.
Section 302. Amendments to Title 31, United States Code.
Section 302 makes technical and conforming changes to title
31, United States Code, to reflect biennial budgeting.
Section 303. Government Strategic and Performance Plans on a Biennial
Basis.
Section 303 makes technical and conforming changes to title
5 (strategic plans) and title 39 (performance plans), United
States Code, to reflect biennial budgeting. This will enable
Congress to devote one year in every two solely to program
oversight and reauthorization.
Title IV--Effective Date
Section 401. Effective Date.
Subsection (a) provides that the amendments made by this
Act shall take effect immediately before noon January 3, 2017.
Subsection (b) includes an exception for the amendments made by
section 303, which shall take effect on September 30, 2016.
Votes of the Committee
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires each committee report to accompany any
bill or resolution of a public character to include the total
number of votes cast for and against each roll-call vote, on a
motion to report and any amendments offered to the measure or
matter, together with the names of those voting for and
against.
Listed below are the actions taken by the Committee on the
Budget of the House of Representatives on the Biennial
Budgeting and Enhanced Oversight Act of 2014.
On February 11, 2014, the committee met in open session, a
quorum being present.
Chairman Ryan asked unanimous consent to be authorized,
consistent with clause 4 of rule XVI of the Rules of the House
of Representatives, to declare a recess at any time during the
committee meeting.
There was no objection to the unanimous consent request.
Chairman Ryan asked unanimous consent to dispense with the
first reading of the bill and the bill be considered as read
and open to amendment at any point.
There was no objection to the unanimous consent request.
The committee adopted and ordered reported the Biennial
Budgeting and Enhanced Oversight Act of 2014. The Committee on
the Budget took the following votes:
MANAGER'S AMENDMENT OFFERED BY MR. RIBBLE
1. A manager's amendment was offered by Representative
Ribble, changing the effective date of the bill from fiscal
year 2015 to fiscal year 2017 in order to provide sufficient
time to implement a biennial budget process. The amendment was
agreed to by a voice vote.
An amendment was offered by Representative Cole proposing
to withhold Members' pay if a budget resolution is not agreed
to by May 15th. Dr. Price reserved a point of order against the
amendment. Representative Cole asked unanimous consent to
withdraw his amendment. This unanimous consent request was
agreed to without objection and the amendment was withdrawn.
FINAL PASSAGE
2. Dr. Price made a motion that the Committee report the
bill as amended and that the bill do pass.
The motion was agreed to by a roll call vote of 22 ayes and
10 noes.
------------------------------------------------------------------------
Name & Answer Name & Answer
State Aye No Present State Aye No Present
------------------------------------------------------------------------
RYAN, X VAN X
PAUL HOLLEN
(WI) (MD)
(Chairma (Ranking
n) )
------------------------------------------------------------------------
PRICE X SCHWARTZ
(GA) (PA)
------------------------------------------------------------------------
GARRETT X YARMUTH X
(NJ) (KY)
------------------------------------------------------------------------
CAMPBELL PASCRELL X
(CA) (NJ)
------------------------------------------------------------------------
CALVERT X RYAN, TIM X
(CA) (OH)
------------------------------------------------------------------------
COLE (OK) X MOORE X
(WI)
------------------------------------------------------------------------
McCLINTOC X CASTOR
K (CA) (FL)
------------------------------------------------------------------------
LANKFORD X McDERMOTT X
(OK) (WA)
------------------------------------------------------------------------
BLACK X LEE (CA) X
(TN)
------------------------------------------------------------------------
RIBBLE X CICILLINE
(WI) (RI)
------------------------------------------------------------------------
FLORES X JEFFRIES
(TX) (NY)
------------------------------------------------------------------------
ROKITA X POCAN X
(IN) (WI)
------------------------------------------------------------------------
WOODALL X LUJAN X
(GA) GRISHAM
(NM)
------------------------------------------------------------------------
BLACKBURN X HUFFMAN X
(TN) (CA)
------------------------------------------------------------------------
NUNNELEE X CARDENAS
(MS) (CA)
------------------------------------------------------------------------
RIGELL X BLUMENAUE
(VA) R (OR)
------------------------------------------------------------------------
HARTZLER X SCHRADER X
(M0) (OR)
------------------------------------------------------------------------
WALORSKI X .........
(IN)
------------------------------------------------------------------------
MESSER X .........
(IN)
------------------------------------------------------------------------
RICE (SC) X .........
------------------------------------------------------------------------
WILLIAMS X .........
(TX)
------------------------------------------------------------------------
DUFFY X
(WI)
------------------------------------------------------------------------
Dr. Price made a motion that, pursuant to clause 1 of rule
XXII of the Rules of the House of Representatives, the staff be
authorized to make any necessary technical and conforming
changes to the bill.
The motion was agreed to without objection.
Committee Oversight Findings
Pursuant to clause 3(c)(1) of rule XIII of the Rules of the
House of Representatives, the Committee on the Budget's
oversight findings and recommendations are reflected in the
body of this report.
Budget Act Compliance
The provisions of clause 3(c)(2) of rule XIII of the Rules
of the House of Representatives and section 308(a)(1) of the
Congressional Budget Act of 1974 (relating to estimates of new
budget authority, new spending authority, new credit authority,
or increased or decreased revenues or tax expenditures) are not
considered applicable. The estimate and comparison required to
be prepared by the Director of the Congressional Budget Office
under clause 3(c)(3) of rule XIII of the Rules of the House of
Representatives and sections 402 and 423 of the Congressional
Budget Act of 1974 submitted to the committee prior to the
filing of this report are as follows:
Congressional Budget Office,
U.S. Congress,
Washington, DC, February 12, 2014.
Hon. Paul Ryan, Chairman,
Committee on the Budget, U.S. House of Representatives, Washington, DC
20515.
Dear Mr. Chairman: The Congressional Budget Office has prepared the
enclosed cost estimate for H.R. 1869, the Biennial Budgeting and
Enhanced Oversight Act of 2014.
If you wish further details on this estimate, we will be pleased to
provide them. The CBO staff contact is Jared Brewster, who can be
reached at 226-2880.
Sincerely,
Douglas W. Elmendorf, Director.
Enclosure.
cc: Hon. Chris Van Hollen, Ranking Member.
congressional budget office cost estimate
february 12, 2014
H.R. 1869: Biennial Budgeting and Enhanced Oversight Act of 2014
As ordered reported by the House Committee on the Budget on February
11, 2014
H.R. 1869 would alter the timeframe of the federal budget,
appropriations, and other elements of the budget process from an annual
to a biennial cycle. CBO estimates that enacting the legislation would
not, by itself, affect the federal budget. Any such impact would depend
on the extent of future legislative actions by the Congress and the
President. Because enacting H.R. 1869 would not affect direct spending
or revenues, pay-as-you-go procedures do not apply.
Under H.R. 1869, a biennium composed of two separate fiscal years
would become the standard fiscal period. The first year of the process
(starting in fiscal year 2017) would be devoted to budgetary actions.
Those actions include the submission of the President's budget and
adoption of the budget resolution, appropriation acts, and
reconciliation acts--all under a schedule that parallels the current
annual timetable. The President's budget and the Congressional budget
resolution would cover three successive bienniums (a six-year period),
and regular appropriations acts would be required to provide funds for
one full biennium. Various rules and procedures in the Senate and House
would be established to enforce the biennial budget process.
The second year of the biennium would generally be reserved for
nonbudgetary activities, including planning, oversight, and
consideration of authorizing legislation, and for any needed
adjustments in existing budget laws. CBO and the Office of Management
and Budget would be required to provide updated budget estimates during
the second session.
Changing the current budget cycle from an annual to a biennial
cycle would not alter some aspects of the current budget process. The
Office of Management and Budget already prepares multiyear revenue and
spending estimates for the President's budget. Budget resolutions also
provide recommendations for revenue and spending levels on a multiyear
basis. Further, most revenue and spending law is permanent and would
not be affected by any changes that would result from enacting H.R.
1869.
H.R. 1869 contains no intergovernmental or private-sector mandates,
as defined in the Unfunded Mandates Reform Act and, by itself, would
have no impact on the budgets of state, local, or tribal governments.
Any budgetary effects would depend on subsequent budget action.
This staff contact for this cost estimate is Jared Brewster. The
cost estimate was approved by Theresa Gullo, Deputy Assistant Director
for Budget Analysis.
Performance Goals and Objectives
With respect to the requirement of clause 3(c)(4) of rule
XIII of the Rules of the House of Representatives, the
performance goals and objectives of this legislation are to
provide for a biennial budgeting cycle.
Constitutional Authority Statement
Pursuant to clause 7 of rule XII of the Rules of the House
of Representatives, the committee finds the constitutional
authority for this legislation in Article I, section 9, clause
7.
Committee Cost Estimate
Pursuant to clause 3(c)(3) of rule XIII of the Rules of the
House of Representatives, the committee report incorporates the
cost estimate prepared by the Director of the Congressional
Budget Office pursuant to sections 402 and 423 of the
Congressional Budget Act of 1974.
Advisory Committee Statement
No advisory committee within the meaning of section 5(b) of
the Federal Advisory Committee Act was created by this
legislation.
Applicability to the Legislative Branch
The committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act (P.L. 104-1).
Federal Mandates Statement
The committee adopts the estimate of Federal mandates
prepared by the Director of the Congressional Budget Office
pursuant to section 423 of the Unfunded Mandates Reform Act
(P.L. 104-4).
Advisory on Earmarks
In accordance with clause 9 of rule XXI of the Rules of the
House of Representatives, H.R. 1869 does not contain any
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(e), 9(f), or 9(g) of rule XXI
of the Rules of the House of Representatives.
Duplication of Federal Programs
No provision of H.R. 1869, the Biennial Budgeting and
Enhanced Oversight Act of 2014, establishes or reauthorizes a
program of the Federal Government known to be duplicative of
another Federal program, a program that was included in any
report from the Government Accountability Office to Congress
pursuant to section 21 of Public Law 111-139, or a program
related to a program identified in the most recent Catalog of
Federal Domestic Assistance.
Disclosure of Directed Rule Makings
The Committee estimates that H.R. 1869, the Biennial
Budgeting and Enhanced Oversight Act of 2014, does not require
any directed rule makings.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
CONGRESSIONAL BUDGET AND IMPOUNDMENT CONTROL ACT OF 1974
short titles; table of contents
Section 1. (a) * * *
(b) Table of Contents.--
* * * * * * *
TITLE III--CONGRESSIONAL BUDGET PROCESS
Sec. 301. [Annual]Biennial adoption of concurrent resolution on the
budget.
* * * * * * *
Sec. 316. Multiyear authorizations of appropriations.
declaration of purposes
Sec. 2. The Congress declares that it is essential--
[(1) to assure effective congressional control over
the budgetary process;
[(2) to provide for the congressional determination
each year of the appropriate level of Federal revenues
and expenditures;]
(1) to assure effective control over the budgetary
process;
(2) to facilitate the determination biennially of
the appropriate level of Federal revenues and
expenditures by the Congress and the President;
* * * * * * *
Sec. 3. In General.--For purposes of this Act--
(1) * * *
* * * * * * *
(12) The term ``direct spending'' has the meaning
given to such term in section 250(c)(8) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
(13) The term ``biennium'' means the period of 2
consecutive fiscal years beginning on October 1 of any
odd-numbered year.
(14) The term ``Medicare'' means programs within
budget function 570.
(15) The term ``Medicaid and other health-related
spending'' means programs within budget function 550.
(16) The term ``other direct spending'' means
programs other than those within budget functions 550
and 570, excluding Social Security and net interest.
* * * * * * *
----------
CONGRESSIONAL BUDGET ACT OF 1974
* * * * * * *
TITLE II--CONGRESSIONAL BUDGET OFFICE
* * * * * * *
duties and functions
Sec. 202. (a) * * *
* * * * * * *
(e) Reports to Budget Committees.--
(1) On or before February 15 of each year, the
Director shall submit to the Committees on the Budget
of the House of Representatives and the Senate, a
report for the fiscal year commencing on October 1 of
that year, with respect to fiscal policy, including (A)
alternative levels of total revenues, total new budget
authority, and total outlays (including related
surpluses and deficits), (B) the levels of tax
expenditures under existing law, taking into account
projected economic factors and any changes in such
levels based on proposals in the budget submitted by
the President for such fiscal year, and (C) a statement
of the levels of budget authority and outlays for each
program assumed to be extended in the baseline, as
provided in section 257[(b)(2)(A) and for excise taxes
assumed to be extended under section 257(b)(2)(C)] of
the Balanced Budget and Emergency Deficit Control Act
of 1985. Such report shall also include a discussion of
national budget priorities, including alternative ways
of allocating new budget authority and budget outlays
for such fiscal year among major programs or functional
categories, taking into account how such alternative
allocations will meet major national needs and affect
balanced growth and development of the United States.
* * * * * * *
TITLE III--CONGRESSIONAL BUDGET PROCESS
[timetable
[Sec. 300. The timetable with respect to the congressional
budget process for any fiscal year is as follows:
[On or before: Action to be completed:
First Monday in FePresident submits his budget. ......................
February 15.......Congressional Budget Office submits report to Budget
Committees.
Not later than 6 wCommittees submit views and estimates to Budget ....
Committees.
April 1...........Senate Budget Committee reports concurrent .........
resolution on the budget.
April 15..........Congress completes action on concurrent resolution .
on the budget.
May 15............Annual appropriation bills may be considered in the
House.
June 10...........House Appropriations Committee reports last annual .
appropriation bill.
June 15...........Congress completes action on reconciliation ........
legislation.
June 30...........House completes action on annual appropriation .....
bills.
October 1.........Fiscal year begins..................................
]TIMETABLE
Sec. 300. The timetable with respect to the congressional
budget process for any Congress (beginning with the One Hundred
Fifteenth 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.
April 15................................ Congress completes action on concurrent resolution on the biennial
budget.
May 15.................................. Biennial appropriation bills may be considered in the House of
Representatives.
June 10................................. House Appropriations Committee reports last biennial appropriation
bill.
June 15................................. Congress completes action on reconciliation legislation.
June 30................................. House completes action on biennial appropriation bills.
October 1............................... Biennium begins.
Second Session
On or before: Action to be completed:
First Monday in February................ President submits budget review.
Not later than 6 weeks after President Congressional Budget Office submits report to Budget Committees.
submits budget review.
[annual] biennial adoption of concurrent resolution on the budget
Sec. 301. (a) Content of Concurrent Resolution on the
Budget.--On or before [April 15 of each year] April 15 of each
odd-numbered year, the Congress shall complete action on a
concurrent resolution on the budget for [the fiscal year
beginning on October 1 of such year] the biennium beginning on
October 1 of such year. The concurrent resolution shall set
forth appropriate levels for [the fiscal year beginning on
October 1 of such year] each fiscal year in such period and for
at least [each of the 4 ensuing fiscal years] each fiscal year
in the next 2 bienniums for the following--
(1) * * *
* * * * * * *
[(4) new budget authority and outlays for each
major functional category, based on allocations of the
total levels set forth pursuant to paragraph (1);]
(4) subtotals of new budget authority and outlays
for nondefense discretionary spending, defense
discretionary spending, Medicare, Medicaid and other
health-related spending, other direct spending
(excluding interest), and net interest;
* * * * * * *
(6) for purposes of Senate enforcement under this
title, outlays of the old-age, survivors, and
disability insurance program established under title II
of the Social Security Act [for the fiscal year] for
each fiscal year in the biennium of the resolution and
for each of the 4 succeeding fiscal years; and
(7) for purposes of Senate enforcement under this
title, revenues of the old-age, survivors, and
disability insurance program established under title II
of the Social Security Act (and the related provisions
of the Internal Revenue Code of 1986) [for the fiscal
year] for each fiscal year in the biennium of the
resolution and for each of the 4 succeeding fiscal
years.
The concurrent resolution shall not include the outlays and
revenue totals of the old-age, survivors, and disability
insurance program established under title II of the Social
Security Act or the related provisions of the Internal Revenue
Code of 1986 in the surplus or deficit totals required by this
subsection or in any other surplus or deficit totals required
by this title.
(b) Additional Matters in Concurrent Resolution.--The
concurrent resolution on the budget may--
[(1) set forth, if required by subsection (f), the
calendar year in which, in the opinion of the Congress,
the goals for reducing unemployment set forth in
section 4(b) of the Employment Act of 1946 should be
achieved;]
[(2)] (1) include reconciliation directives
described in section 310;
[(3)] (2) require a procedure under which all or
certain bills or resolutions providing new budget
authority or new entitlement authority [for such fiscal
year] for either fiscal year in such biennium shall not
be enrolled until the Congress has completed action on
any reconciliation bill or reconciliation resolution or
both required by such concurrent resolution to be
reported in accordance with section 310(b);
[(4) set forth such other matters, and require such
other procedures, relating to the budget, as may be
appropriate to carry out the purposes of this Act;]
(3) set forth such other matters, and require such
other procedures, relating to the budget as may be
appropriate to carry out the purposes of the Act, but
shall not include a suspension or alteration of the
application of the motion to strike a provision as set
forth in section 310(d)(2) or (h)(2)(F);
[(5)] (4) include a heading entitled ``Debt
Increase as Measure of Deficit'' in which the
concurrent resolution shall set forth the amounts by
which the debt subject to limit (in section 3101 of
title 31 of the United States Code) has increased or
would increase in each of the relevant fiscal years[;].
[(6) include a heading entitled ``Display of
Federal Retirement Trust Fund Balances'' in which the
concurrent resolution shall set forth the balances of
the Federal retirement trust funds;
[(7) set forth procedures in the Senate whereby
committee allocations, aggregates, and other levels can
be revised for legislation if that legislation would
not increase the deficit, or would not increase the
deficit when taken with other legislation enacted after
the adoption of the resolution, for the first fiscal
year or the total period of fiscal years covered by the
resolution;
[(8) set forth procedures to effectuate pay-as-you-
go in the House of Representatives; and
[(9) set forth direct loan obligation and primary
loan guarantee commitment levels.]
* * * * * * *
(d) Views and Estimates of Other Committees.--Within 6
weeks after the President submits a budget under section
1105(a) of title 31, United States Code, or at such time as may
be requested by the Committee on the Budget, each committee of
the House of Representatives having legislative jurisdiction
shall submit to the Committee on the Budget of the House and
each committee of the Senate having legislative jurisdiction
shall submit to the Committee on the Budget of the Senate its
views and estimates (as determined by the committee making such
submission) with respect to all matters set forth in
subsections (a) and (b) which relate to matters within the
jurisdiction or functions of such committee. The Joint Economic
Committee shall submit to the Committees on the Budget of both
Houses its recommendations as to the fiscal policy appropriate
to the goals of the Employment Act of 1946. Any other committee
of the House of Representatives or the Senate may submit to the
Committee on the Budget of its House, and any joint committee
of the Congress may submit to the Committees on the Budget of
both Houses, its views and estimates with respect to all
matters set forth in subsections (a) and (b) which relate to
matters within its jurisdiction or functions. Any Committee of
the House of Representatives or the Senate that anticipates
that the committee will consider any proposed legislation
establishing, amending, or reauthorizing any Federal program
likely to have a significant budgetary impact on any State,
local, or tribal government, or likely to have a significant
financial impact on the private sector, including any
legislative proposal submitted by the executive branch likely
to have such a budgetary or financial impact, shall include its
views and estimates on that proposal to the Committee on the
Budget of the applicable House. 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.
(e) Hearings and Report.--
(1) In general.--In developing the concurrent
resolution on the budget referred to in subsection (a)
for each [fiscal year] biennium, the Committee on the
Budget of each House shall hold hearings and shall
receive testimony from Members of Congress and such
appropriate representatives of Federal departments and
agencies, the general public, and national
organizations as the committee deems desirable. Each of
the recommendations as to short-term and medium-term
goal set forth in the report submitted by the members
of the Joint Economic Committee under subsection (d)
may be considered by the Committee on the Budget of
each House as part of its consideration of such
concurrent resolution, and its report may reflect its
views thereon, including its views on how the estimates
of revenues and levels of budget authority and outlays
set forth in such concurrent resolution are designed to
achieve any goals it is recommending. On or before
April 1 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.
(2) Required contents of report.--The report
accompanying the resolution shall include--
(A) new budget authority and outlays for
each major functional category, based on
allocations of the total levels set forth
pursuant to subsection (a)(1);
[(A)] (B) a comparison of the levels of
total new budget authority, total outlays,
total revenues, and the surplus or deficit for
each fiscal year set forth in the resolution
with those requested in the budget submitted by
the President;
[(B)] (C) with respect to each major
functional category, an estimate of total new
budget authority and total outlays, with the
estimates divided between discretionary and
[mandatory] direct spending amounts;
(D) total outlays, total Federal revenues,
the surplus or deficit, and new budget
authority and outlays for nondefense
discretionary spending, defense discretionary
spending, Medicare, Medicaid and other health-
related spending, other direct spending
(excluding interest), social security and other
major functional categories, as appropriate,
and net interest as set forth in such
resolution as a percentage of the gross
domestic product of the United States;
[(C)] (E) the economic assumptions that
underlie each of the matters set forth in the
resolution and any alternative economic
assumptions and objectives the committee
considered;
[(D)] (F) information, data, and
comparisons indicating the manner in which, and
the basis on which, the committee determined
each of the matters set forth in the
resolution;
(G) if the concurrent resolution on the
budget includes any allocation to a committee
other than the Committee on Appropriations of
levels in excess of current law levels, a
justification for not subjecting any program,
project, or activity (for which the allocation
is made) to annual discretionary
appropriations;
[(E)] (H) the estimated levels of tax
expenditures (the tax expenditures budget) by
major items and functional categories for the
President's budget and in the resolution; and
[(F)] (I) allocations described in section
302(a).
(3) Additional contents of report.--The report
accompanying the resolution may include--
(A) new budget authority and outlays for
each major functional category, based on
allocations of the total levels set forth
pursuant to subsection (a)(1);
[(A)] (B) a statement of any significant
changes in the proposed levels of Federal
assistance to State and local governments;
[(B)] (C) an allocation of the level of
Federal revenues recommended in the resolution
among the major sources of such revenues;
[(C) information, data, and comparisons on
the share of total Federal budget outlays and
of gross domestic product devoted to investment
in the budget submitted by the President and in
the resolution;
[(D) the assumed levels of budget authority
and outlays for public buildings, with a
division between amounts for construction and
repair and for rental payments; and]
[(E)] (D) other matters, relating to the
budget and to fiscal policy, that the committee
deems appropriate[.]; and
(E) set forth, if required by subsection
(f), the calendar year in which, in the opinion
of the Congress, the goals for reducing
unemployment set forth in section 4(b) of the
Employment Act of 1946 should be achieved.
(f) Achievement of Goals for Reducing Unemployment.--
(1) If, pursuant to section 4(c) of the Employment
Act of 1946, the President recommends in the Economic
Report that the goals for reducing unemployment set
forth in section 4(b) of such Act be achieved in a year
after the close of the five-year period prescribed by
such subsection, the concurrent resolution on the
budget for the [fiscal year] biennium beginning after
the date on which such Economic Report is received by
the Congress may set forth the year in which, in the
opinion of the Congress, such goals can be achieved.
(2) After the Congress has expressed its opinion
pursuant to paragraph (1) as to the year in which the
goals for reducing unemployment set forth in section
4(b) of the Employment Act of 1946 can be achieved, if,
pursuant to section 4(e) of such Act, the President
recommends in the Economic Report that such goals be
achieved in a year which is different from the year in
which the Congress has expressed its opinion that such
goals should be achieved, either in its action pursuant
to paragraph (1) or in its most recent action pursuant
to this paragraph, the concurrent resolution on the
budget for the [fiscal year] biennium beginning after
the date on which such Economic Report is received by
the Congress may set forth the year in which, in the
opinion of the Congress, such goals can be achieved.
* * * * * * *
(g) Economic Assumptions.--
(1) It shall not be in order in the Senate to
consider any concurrent resolution on the budget [for a
fiscal year] for a biennium, or any amendment thereto,
or any conference report thereon, that sets forth
amounts and levels that are determined on the basis of
more than one set of economic and technical
assumptions.
* * * * * * *
committee allocations
Sec. 302. (a) Committee Spending Allocations.--
(1) Allocation among committees.--The joint
explanatory statement accompanying a conference report
on a concurrent resolution on the budget shall include
an allocation, consistent with the resolution
recommended in the conference report, of the levels
[for the first fiscal year of the resolution,] for each
fiscal year in the biennium, for at least each of the
ensuing 4 fiscal years, and a total [for that period of
fiscal years] for all fiscal years covered by the
resolution (except in the case of the Committee on
Appropriations only [for the fiscal year of that
resolution] for each fiscal year in the biennium) of--
(A) * * *
* * * * * * *
(b) Suballocations by Appropriations Committees.--As soon
as practicable after a concurrent resolution on the budget is
agreed to, the Committee on Appropriations of each House (after
consulting with the Committee on Appropriations of the other
House) shall suballocate each amount allocated to it for the
budget year under [subsection (a)] subsection (a)(1) among its
subcommittees. Each Committee on Appropriations shall promptly
report to its House suballocations made or revised under this
subsection. The Committee on Appropriations of the House of
Representatives shall further divide among its subcommittees
the divisions made under subsection (a)(3)(B) and promptly
report those divisions to the House.
* * * * * * *
(f) Legislation Subject to Point of Order.--
(1) In the house of representatives.--After the
Congress has completed action on a concurrent
resolution on the budget [for a fiscal year] for a
biennium, it shall not be in order in the House of
Representatives to consider any bill, joint resolution,
or amendment providing new budget authority or outlays
for any fiscal year, or any conference report on any
such bill or joint resolution, if--
(A) the enactment of such bill or
resolution [as reported];
* * * * * * *
would cause the applicable allocation of new budget
authority made under subsection (a) or (b) for [the
first fiscal year] either fiscal year of the biennium
or the total of fiscal years to be exceeded.
(2) In the senate.--After a concurrent resolution
on the budget is agreed to, it shall not be in order in
the Senate to consider any bill, joint resolution,
amendment, motion, or conference report that would
cause--
(A) in the case of any committee except the
Committee on Appropriations, the applicable
allocation of new budget authority or outlays
under subsection (a) for the [first fiscal
year] each fiscal year of the biennium or [the
total of fiscal years] the total of all fiscal
years covered by the resolution to be exceeded;
or
* * * * * * *
[(g) Pay-as-You-Go Exception in the House.--
[(1) In general.--(A) Subsection (f)(1) and, after
April 15, section 303(a) shall not apply to any bill or
joint resolution, as reported, amendment thereto, or
conference report thereon if, for each fiscal year
covered by the most recently agreed to concurrent
resolution on the budget--
[(i) the enactment of that bill or
resolution as reported;
[(ii) the adoption and enactment of that
amendment; or
[(iii) the enactment of that bill or
resolution in the form recommended in that
conference report,
would not increase the deficit, and, if the sum of any
revenue increases provided in legislation already
enacted during the current session (when added to
revenue increases, if any, in excess of any outlay
increase provided by the legislation proposed for
consideration) is at least as great as the sum of the
amount, if any, by which the aggregate level of Federal
revenues should be increased as set forth in that
concurrent resolution and the amount, if any, by which
revenues are to be increased pursuant to pay-as-you-go
procedures under section 301(b)(8), if included in that
concurrent resolution.
[(B) Section 311(a), as that section applies to
revenues, shall not apply to any bill, joint
resolution, amendment thereto, or conference report
thereon if, for each fiscal year covered by the most
recently agreed to concurrent resolution on the
budget--
[(i) the enactment of that bill or
resolution as reported;
[(ii) the adoption and enactment of that
amendment; or
[(iii) the enactment of that bill or
resolution in the form recommended in that
conference report,
would not increase the deficit, and, if the sum of any
outlay reductions provided in legislation already
enacted during the current session (when added to
outlay reductions, if any, in excess of any revenue
reduction provided by the legislation proposed for
consideration) is at least as great as the sum of the
amount, if any, by which the aggregate level of Federal
outlays should be reduced as required by that
concurrent resolution and the amount, if any, by which
outlays are to be reduced pursuant to pay-as-you-go
procedures under section 301(b)(8), if included in that
concurrent resolution.
[(2) Revised allocations.--(A) As soon as
practicable after Congress agrees to a bill or joint
resolution that would have been subject to a point of
order under subsection (f)(1) but for the exception
provided in paragraph (1)(A) or would have been subject
to a point of order under section 311(a) but for the
exception provided in paragraph (1)(B), the chairman of
the Committee on the Budget of the House of
Representatives shall file with the House appropriately
revised allocations under section 302(a) and revised
functional levels and budget aggregates to reflect that
bill.
[(B) Such revised allocations, functional levels,
and budget aggregates shall be considered for the
purposes of this Act as allocations, functional levels,
and budget aggregates contained in the most recently
agreed to concurrent resolution on the budget.]
* * * * * * *
HOUSE COMMITTEE ACTION ON ALL APPROPRIATION BILLS TO BE COMPLETED BY
JUNE 10
Sec. 307. On or before June 10 of [each year] each odd-
numbered year, the Committee on Appropriations of the House of
Representatives shall report [annual] biennial appropriation
bills providing new budget authority under the jurisdiction of
all of its subcommittees for the [fiscal year] biennium which
begins on October 1 of [that year] each odd-numbered year.
reports, summaries, and projections of congressional budget actions
Sec. 308. (a) Legislation Providing New Budget Authority or
Providing an Increase or Decrease in Revenues or Tax
Expenditures.--
(1) * * *
* * * * * * *
(3) CBO paygo estimates.--
(A) * * *
* * * * * * *
[(C) The Director shall not count timing
shifts, as that term is defined at section 3(8)
of the Statutory Pay-As-You-Go Act of 2010, in
estimates of the budgetary effects of PAYGO
Legislation.]
* * * * * * *
(d) Scorekeeping Guidelines.--Estimates under this section
shall be provided in accordance with the scorekeeping
guidelines determined under section [252(d)(5)] 252(c) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
house approval of regular appropriation bills
Sec. 309. It shall not be in order in the House of
Representatives to consider any resolution providing for an
adjournment period of more than three calendar days during the
month of July of any odd-numbered calendar year until the House
of Representatives has approved [annual] biennial appropriation
bills providing new budget authority under the jurisdiction of
all the subcommittees of the Committee on Appropriations for
the [fiscal year] biennium beginning on October 1 of such year.
For purposes of this section, the chairman of the Committee on
Appropriations of the House of Representatives shall
periodically advise the Speaker as to changes in jurisdiction
among its various subcommittees.
reconciliation
Sec. 310. (a) Inclusion of Reconciliation Directives in
Concurrent Resolutions on the Budget.--A concurrent resolution
on the budget for [any fiscal year] any biennium, to the extent
necessary to effectuate the provisions and requirements of such
resolution, shall--
(1) specify the total amount by which--
(A) new budget authority for [such fiscal
year] any fiscal year covered by such
resolution;
* * * * * * *
(C) new entitlement authority which is to
become effective during [such fiscal year] any
fiscal year covered by such resolution; and
(D) credit authority for [such fiscal year]
any fiscal year covered by such resolution,
contained in laws, bills, and resolutions within the
jurisdiction of a committee is to be changed and direct
that committee to determine and recommend changes to
accomplish a change of such total amount;
* * * * * * *
[(f) Completion of Reconciliation Process.--It shall not be
in order in the House of Representatives to consider any
resolution providing for an adjournment period of more than
three calendar days during the month of July until the House of
Representatives has completed action on the reconciliation
legislation for the fiscal year beginning on October 1 of the
calendar year to which the adjournment resolution pertains, if
reconciliation legislation is required to be reported by the
concurrent resolution on the budget for such fiscal year.]
[(g)] (f) Limitation on Changes to the Social Security
Act.--Notwithstanding any other provision of law, it shall not
be in order in the Senate or the House of Representatives to
consider any reconciliation bill or reconciliation resolution
reported pursuant to a concurrent resolution on the budget
agreed to under section 301 or 304, or a joint resolution
pursuant to section 258C of the Balanced Budget and Emergency
Deficit Control Act of 1985, or any amendment thereto or
conference report thereon, that contains recommendations with
respect to the old-age, survivors, and disability insurance
program established under title II of the Social Security Act.
budget-related legislation must be within appropriate levels
Sec. 311. (a) Enforcement of Budget Aggregates.--
(1) In the house of representatives.--Except as
provided by subsection (c), after the Congress has
completed action on a concurrent resolution on the
budget [for a fiscal year] for a biennium, it shall not
be in order in the House of Representatives to consider
any bill, joint resolution, amendment, motion, or
conference report providing new budget authority or
reducing revenues, if--
(A) * * *
* * * * * * *
would cause the level of total new budget authority or
total outlays set forth in the applicable concurrent
resolution on the budget for [the first fiscal year]
either fiscal year of the biennium to be exceeded, or
would cause revenues to be less than the level of total
revenues set forth in that concurrent resolution for
[the first fiscal year] either fiscal year of the
biennium or for the total of [that first fiscal year]
each fiscal year in the biennium and the ensuing fiscal
years for which allocations are provided under section
302(a), except when a declaration of war by the
Congress is in effect.
(2) In the senate.--After a concurrent resolution
on the budget is agreed to, it shall not be in order in
the Senate to consider any bill, joint resolution,
amendment, motion, or conference report that--
(A) would cause the level of total new
budget authority or total outlays set forth
[for the first fiscal year] for either fiscal
year of the biennium in the applicable
resolution to be exceeded; or
(B) would cause revenues to be less than
the level of total revenues set forth for [that
first fiscal year] each fiscal year in the
biennium or for the total of [that first fiscal
year and the ensuing fiscal years] all fiscal
years in the applicable resolution for which
allocations are provided under section 302(a).
(3) Enforcement of social security levels in the
senate.--After a concurrent resolution on the budget is
agreed to, it shall not be in order in the Senate to
consider any bill, joint resolution, amendment, motion,
or conference report that would cause a decrease in
social security surpluses or an increase in social
security deficits relative to the levels set forth in
the applicable resolution [for the first fiscal year]
each fiscal year in the biennium or for the total of
[that fiscal year and the ensuing fiscal years] all
fiscal years for which allocations are provided under
section 302(a).
* * * * * * *
(c) Exception in the House of Representatives.--Subsection
(a)(1) shall not apply with respect to new budget authority or
outlays in the House of Representatives to any bill, joint
resolution, or amendment that provides new budget authority for
a fiscal year or to any conference report on any such bill or
resolution, if--
(1) * * *
* * * * * * *
determinations and points of order
Sec. 312. (a) * * *
* * * * * * *
(c) Maximum Deficit Amount Point of Order in the Senate.--
It shall not be in order in the Senate to consider any
concurrent resolution on the budget [for a fiscal year] for a
biennium, or to consider any amendment to that concurrent
resolution, or to consider a conference report on that
concurrent resolution, if--
(1) the level of total outlays for the [first
fiscal year] either fiscal year in the biennium set
forth in that concurrent resolution or conference
report exceeds; or
(2) the adoption of that amendment would result in
a level of total outlays for [that fiscal year] either
fiscal year in the biennium that exceeds;
the recommended level of Federal revenues for [that fiscal
year] the applicable fiscal year, by an amount that is greater
than the maximum deficit amount, if any, specified in the
Balanced Budget and Emergency Deficit Control Act of 1985 for
that fiscal year.
* * * * * * *
MULTIYEAR AUTHORIZATIONS OF APPROPRIATIONS
Sec. 316. (a) It shall not be in order in the House of
Representatives or the Senate to consider any measure that
contains an authorization of appropriations for any purpose
unless the measure includes such an authorization of
appropriations for that purpose for not less than each fiscal
year in one or more bienniums.
(b)(1) For purposes of this section, an 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) Subsection (a) 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.''.
(c) For purposes of this section, the term ``measure''
means a bill, joint resolution, amendment, motion, or
conference report.
* * * * * * *
----------
SECTION 105 OF TITLE 1, UNITED STATES CODE
[Sec. 105. Title of appropriation Acts
[The style and title of all Acts making appropriations for
the support of Government shall be as follows: ``An Act making
appropriations (here insert the object) for the year ending
September 30 (here insert the calendar year).'']
Sec. 105. Title and style of appropriation 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(13) of the Congressional
Budget and Impoundment Control Act of 1974 (2 U.S.C. 622(13)).
----------
TITLE 31, UNITED STATES CODE
* * * * * * *
SUBTITLE II--THE BUDGET PROCESS
* * * * * * *
CHAPTER 11--THE BUDGET AND FISCAL, BUDGET, AND PROGRAM INFORMATION
Sec. 1101. Definitions
In this chapter--
(1) * * *
* * * * * * *
(3) ``biennium'' has the meaning given to such term
in paragraph (13) of section 3 of the Congressional
Budget and Impoundment Control Act of 1974 (2 U.S.C.
622(12)).
* * * * * * *
Sec. 1105. Budget contents and submission to Congress
(a) [On or after the first Monday in January but not later
than the first Monday in February of each year, the President
shall submit a budget of the United States Government for the
following fiscal year. Each budget shall include a budget
message and summary and supporting information. The President
shall include in each budget the following:] On or before the
first Tuesday in February of each odd-numbered year, beginning
with the One Hundred Fifteenth Congress, the President shall
transmit to the Congress the budget for the biennium beginning
on October 1 of such calendar year. The budget transmitted
under this subsection shall include a budget message and
summary and supporting information. The President shall include
in each budget submission the following:
(1) * * *
* * * * * * *
(5) except as provided in subsection (b) of this
section, estimated expenditures and proposed
appropriations the President decides are necessary to
support the Government in [the fiscal year for which
the budget is submitted and the 4 fiscal years after
that year] each fiscal year in the biennium for which
the budget is submitted and in the succeeding 4 years.
(6) estimated receipts of the Government in [the
fiscal year for which the budget is submitted and the 4
fiscal years after that year] each fiscal year in the
biennium for which the budget is submitted and in the
succeeding 4 years under--
(A) * * *
* * * * * * *
(9) balanced statements of the--
(A) * * *
* * * * * * *
(C) estimated condition of the Treasury at
the end of [the fiscal year] each fiscal year
in the biennium for which the budget is
submitted if financial proposals in the budget
are adopted.
(12) for each proposal in the budget for
legislation that would establish or expand a Government
activity or function, a table showing--
(A) the amount proposed in the budget for
appropriation and for expenditure because of
the proposal in [the fiscal year] each fiscal
year in the biennium for which the budget is
submitted; and
* * * * * * *
(13) an allowance for additional estimated
expenditures and proposed appropriations for [the
fiscal year] each fiscal year in the biennium for which
the budget is submitted.
(14) an allowance for unanticipated uncontrollable
expenditures for [that year] each fiscal year in the
biennium for which the budget is submitted.
* * * * * * *
(16) the level of tax expenditures under existing
law in the tax expenditures budget (as defined in
section 3(a)(3) of the Congressional Budget Act of 1974
(2 U.S.C. 622(a)(3)) for [the fiscal year] each fiscal
year in the biennium for which the budget is submitted,
considering projected economic factors and changes in
the existing levels based on proposals in the budget.
(17) information on estimates of appropriations for
[the fiscal year following the fiscal year] each fiscal
year in the biennium following the biennium for which
the budget is submitted for grants, contracts, and
other payments under each program for which there is an
authorization of appropriations for [that following
fiscal year] each such fiscal year when the
appropriations are authorized to be included in an
appropriation law for the [fiscal year before the
fiscal year] biennium before the biennium in which the
appropriation is to be available for obligation.
(18) a comparison of the total amount of budget
outlays for [the prior fiscal year] each of the 2 most
recently completed fiscal years, estimated in the
budget submitted [for that year] with respect to those
fiscal years, for each major program having relatively
uncontrollable outlays with the total amount of outlays
for that program [in that year] in those fiscal years.
* * * * * * *
(28) [beginning with fiscal year 1999, a] beginning
with fiscal year 2017, a biennial Federal Government
performance plan for the overall budget as provided for
under section 1115.
* * * * * * *
[(37)] (39) the list of plans and reports, as
provided for under section 1125, that agencies
identified for elimination or consolidation because the
plans and reports are determined outdated or
duplicative of other required plans and reports.
(40) Totals of new budget authority and outlays.
(41) Total Federal revenues and the amount, if any,
by which the aggregate level of Federal revenues should
be increased or decreased by bills and resolutions to
be reported by the appropriate committees.
(42) The surplus or deficit in the budget.
(43) Subtotals of new budget authority and outlays
for nondefense discretionary spending, defense
discretionary spending, direct spending (excluding
interest), contingencies, and net interest.
(44) The public debt.
* * * * * * *
(b) Estimated expenditures and proposed appropriations for
the legislative branch and the judicial branch to be included
in each budget under subsection (a)(5) of this section shall be
submitted to the President before October 16 of [each year]
each even-numbered year and included in the budget by the
President without change.
(c) The President shall recommend in the budget appropriate
action to meet an estimated deficiency when the estimated
receipts for [the fiscal year for] each fiscal year in the
biennium for which the budget is submitted (under laws in
effect when the budget is submitted) and the estimated amounts
in the Treasury at the end of the current fiscal year available
for expenditure in [the fiscal year for] each fiscal year of
the biennium, as the case may be, which the budget is
submitted, are less than the estimated expenditures for [that
year] for each year of the biennium. The President shall make
recommendations required by the public interest when the
estimated receipts and estimated amounts in the Treasury are
more than the estimated expenditures.
(d)(1) When the President submits a budget or supporting
information about a budget, the President shall include a
statement on all changes about the current fiscal year that
were made before the budget or information was submitted.
(2) Each budget submission shall include a budget message
and summary and supporting information and, as a separately
delineated statement, the levels requires in paragraphs (40)
through (44) of subsection (a) for at least each of the 4
ensuing fiscal years after the biennium covered by the budget
submission under such subsection.
(e)(1) The President shall submit with materials related to
each budget transmitted under subsection (a) on or after
January 1, 1985, an analysis for the [ensuing fiscal year]
biennium to which such budget relates that shall identify
requested appropriations or new obligational authority and
outlays for each major program that may be classified as a
public civilian capital investment program and for each major
program that may be classified as a military capital investment
program, and shall contain summaries of the total amount of
such appropriations or new obligational authority and outlays
for public civilian capital investment programs and summaries
of the total amount of such appropriations or new obligational
authority and outlays for military capital investment programs.
In addition, the analysis under this paragraph shall contain--
(A) * * *
* * * * * * *
Sec. 1106. Supplemental budget estimates and changes
(a) Before July 16 of each year and before February 1 of
each even-numbered year, the President shall submit to Congress
a supplemental summary of the budget for the [fiscal year]
biennium for which the budget is submitted under section
1105(a) of this title. The summary shall include--
(1) for [that fiscal year] each fiscal year in such
biennium--
(A) * * *
* * * * * * *
(2) for the [4 fiscal years following the fiscal
year] at least 4 fiscal years following the biennium
for which the budget is submitted, information on
estimated expenditures for programs authorized to
continue in future years, or that are considered
mandatory, under law; and
(3) for future fiscal years, information on
estimated expenditures of balances carried over from
the [fiscal year] biennium for which the budget is
submitted.
(b) Before July 16 of each year and before February 15 of
each even-numbered year, the President shall submit to Congress
a statement of changes in budget authority requested, estimated
budget outlays, and estimated receipts for [the fiscal year]
each fiscal year in the biennium for which the budget is
submitted (including prior changes proposed for the executive
branch of the Government) that the President decides are
necessary and appropriate based on current information. The
statement shall include the effect of those changes on the
information submitted under section 1105(a)(1)-(14) and (b) of
this title and shall include supporting information as
practicable. The statement submitted before July 16 may be
included in the information submitted under subsection (a)(1)
of this section.
* * * * * * *
Sec. 1109. Current programs and activities estimates
(a) [On or before the first Monday after January 3 of each
year (on or before February 5 in 1986)] At the same time the
budget required by section 1105 is submitted for a biennium,
the President shall submit to both Houses of Congress the
estimated budget outlays and proposed budget authority that
would be included in the budget for [the following fiscal year]
each fiscal year of such period if programs and activities of
the United States Government were carried on during that year
at the same level as the current fiscal year without a change
in policy. The President shall state the estimated budget
outlays and proposed budget authority by function and
subfunction under the classifications in the budget summary
table under the heading ``Budget Authority and Outlays by
Function and Agency'', by major programs in each function, and
by agency. The President also shall include a statement of the
economic and program assumptions on which those budget outlays
and budget authority are based, including inflation, real
economic growth, and unemployment rates, program caseloads, and
pay increases.
(b) The Joint Economic Committee shall review the estimated
budget outlays and proposed budget authority and submit an
economic evaluation of the budget outlays and budget authority
to the Committees on the Budget of both Houses [before March 1
of each year] within 6 weeks of the President's budget
submission for each odd-numbered year.
Sec. 1110. Year-ahead requests for authorizing legislation
A request to enact legislation authorizing new budget
authority to continue a program or activity for a fiscal year
shall be submitted to Congress before [May 16] March 31 of the
[year before the year in which the fiscal year begins] calendar
year preceding the calendar year in which the biennium begins.
If a new program or activity will continue for more than one
year, the request must be submitted for at least the first and
2d fiscal years.
* * * * * * *
Sec. 1115. Federal Government and agency performance plans
(a) Federal Government Performance Plans.--In carrying out
the provisions of section 1105(a)(28), the Director of the
Office of Management and Budget shall coordinate with agencies
to develop the Federal Government performance plan. In addition
to the submission of such plan with each budget of the United
States Government, the Director of the Office of Management and
Budget shall ensure that all information required by this
subsection is concurrently made available on the website
provided under section 1122 and updated periodically, but no
less than annually. The Federal Government performance plan
shall--
(1) establish Federal Government performance goals
to define the level of performance to be achieved
during the year in which the plan is submitted and the
next fiscal year for each of the Federal Government
priority goals required under section 1120(a) of this
title;
* * * * * * *
(5) establish clearly defined quarterly milestones;
[and]
(6)identify major management challenges that are
Governmentwide or crosscutting in nature and describe
plans to address such challenges, including relevant
performance goals, performance indicators, and
milestones[.]; and
(7) cover each fiscal year of the biennium
beginning with the first fiscal year of the next
biennial budget cycle.
* * * * * * *
(d) Treatment of Program Activities.--For the purpose of
complying with this section, an agency may aggregate,
disaggregate, or consolidate program activities, except that
any aggregation or consolidation may not omit or minimize the
significance of any program activity constituting a major
function or operation for the agency.
* * * * * * *
(f) Inherently Governmental Functions The functions and
activities of this section shall be considered to be inherently
governmental functions. The drafting of performance plans under
this section shall be performed only by Federal employees.
* * * * * * *
Sec. 1119. Pilot projects for performance budgeting
(a) * * *
* * * * * * *
(d) No later than March 31, 2001, the Director of the
Office of Management and Budget shall transmit a report to the
President and to the Congress on the performance budgeting
pilot projects which shall--
(1) assess the feasibility and advisability of
including a performance budget as part of the [annual]
biennial budget submitted under section 1105;
* * * * * * *
(e) After receipt of the report required under subsection
(d), the Congress may specify that a performance budget be
submitted as part of the [annual] biennial budget submitted
under section 1105.
* * * * * * *
SUBTITLE VI--MISCELLANEOUS
* * * * * * *
CHAPTER 97--MISCELLANEOUS
* * * * * * *
Sec. 9703. Managerial accountability and flexibility
(a) [Beginning with fiscal year 1999, the] Beginning with
fiscal year 2017, the biennial performance plans required under
section 1115 may include proposals to waive administrative
procedural requirements and controls, including specification
of personnel staffing levels, limitations on compensation or
remuneration, and prohibitions or restrictions on funding
transfers among budget object classification 20 and
subclassifications 11, 12, 31, and 32 of each [annual] budget
submitted under section 1105, in return for specific individual
or organization accountability to achieve a performance goal.
In preparing and submitting the performance plan under [section
1105(a)(29)] section 1105(a)(28), the Director of the Office of
Management and Budget shall review and may approve any proposed
waivers. A waiver shall take effect at the beginning of the
fiscal year for which the waiver is approved.
* * * * * * *
(e) A waiver shall be in effect for [one or] two years as
specified by the Director of the Office of Management and
Budget in approving the waiver. A waiver may be renewed for [a
subsequent year] for a subsequent 2-year period. After a waiver
has been in effect for [three] four consecutive years, the
performance plan prepared under section 1115 may propose that a
waiver, other than a waiver of limitations on compensation or
remuneration, be made permanent.
* * * * * * *
----------
TITLE 5, UNITED STATES CODE
PART I--THE AGENCIES GENERALLY
* * * * * * *
CHAPTER 3--POWERS
* * * * * * *
Sec. 306. Agency strategic plans
(a) Not later than the first Monday in February of any year
following the year in which the term of the President commences
under section 101 of title 3, the head of each agency shall
make available on the public website of the agency a strategic
plan and notify the President and Congress of its availability.
Such plan shall contain--
(1) a comprehensive mission statement covering the
major functions and operations of the agency;
(2) general goals and objectives, including
outcome-oriented goals, for the major functions and
operations of the agency;
(3) a description of how any goals and objectives
contribute to the Federal Government priority goals
required by section 1120(a) of title 31;
(4) a description of how the goals and objectives
are to be achieved, including--
(A) a description of the operational
processes, skills and technology, and the
human, capital, information, and other
resources required to achieve those goals and
objectives; and
(B) a description of how the agency is
working with other agencies to achieve its
goals and objectives as well as relevant
Federal Government priority goals;
(5) a description of how the goals and objectives
incorporate views and suggestions obtained through
congressional consultations required under subsection
(d);
(6) a description of how the performance goals
provided in the plan required by section 1115(a) of
title 31, including the agency priority goals required
by section 1120(b) of title 31, if applicable,
contribute to the general goals and objectives in the
strategic plan;
(7) an identification of those key factors external
to the agency and beyond its control that could
significantly affect the achievement of the general
goals and objectives; and
(8) a description of the program evaluations used
in establishing or revising general goals and
objectives, with a schedule for future program
evaluations to be conducted.
(b) The strategic plan shall cover a period of not less
than 4 years following the fiscal year in which the plan is
submitted. As needed, the head of the agency may make
adjustments to the strategic plan to reflect significant
changes in the environment in which the agency is operating,
with appropriate notification of Congress.
(c) The performance plan required by section 1115(b) of
title 31 shall be consistent with the agency's strategic plan.
A performance plan may not be submitted for a fiscal year not
covered by a current strategic plan under this section,
including a strategic plan submitted by September 30, 2016,
meeting the requirements of subsection (a).
* * * * * * *
----------
TITLE 39, UNITED STATES CODE
* * * * * * *
PART III--MODERNIZATION AND FISCAL ADMINISTRATION
* * * * * * *
CHAPTER 28--STRATEGIC PLANNING AND PERFORMANCE MANAGEMENT
* * * * * * *
Sec. 2802. Strategic plans
(a) No later than [September 30, 1997] September 30, 2016,
the Postal Service shall submit to the President and the
Congress a strategic plan for its program activities. Such plan
shall contain--
(1) * * *
* * * * * * *
(b) The strategic plan shall cover a period of not less
than [five years forward] six years forward from the fiscal
year in which it is submitted, and shall be updated and revised
[at least every three years] at least every 4 years.
(c) The performance plan required under section 2803 shall
be consistent with the Postal Service's strategic plan,
including a strategic plan submitted by September 30, 2016,
meeting the requirements of subsection (a). A performance plan
may not be submitted for a fiscal year not covered by a current
strategic plan under this section.
* * * * * * *
Sec. 2803. Performance plans
(a) The Postal Service shall prepare [an annual] a biennial
performance plan covering each program activity set forth in
the Postal Service budget, which shall be included in the
comprehensive statement presented under section 2401(e) of this
title. Such plan shall--
(1) establish performance goals to define the level
of performance to be achieved by a program activity for
both years 1 and 2 of the biennial plan;
* * * * * * *
(5) provide a basis for comparing actual program
results with the established performance goals; [and]
(6) describe the means to be used to verify and
validate measured values[.]; and
(7) cover each fiscal year of the biennium
beginning with the first fiscal year of the next
biennial budget cycle.
* * * * * * *
Views of Committee Members
Clause 2(l) of rule XI of the Rules of the House of
Representatives requires each committee to provide two days to
Members of the committee to file Minority, additional,
supplemental, or dissenting views and to include such views in
the report on legislation considered by the committee. The
following views were submitted:
Additional Views from Messrs. Cole, Calvert,
McClintock, and Nunnelee
Supporters of H.R. 1869 argue shifting to biennial
budgeting would be a step in the right direction toward fixing
a broken federal budget process. We strongly disagree. While
well intentioned, biennial budgeting would make the budget,
authorization and appropriations processes far worse.
There is little doubt that the current budget process is
dysfunctional. Every year Congress seems beset by the same
problems--missed budget deadlines, delays, mounting debt, late
appropriations bills, an inability to pass authorization bills,
and runaway mandatory spending. The frustration of Members and
our constituents is understandable. However, these problems are
the result of deep political and policy differences over the
appropriate level of spending, deficits, debt and the size and
role of the federal government. To argue, as supporters of H.R.
1869 do, that a shift to biennial budgeting would help avoid
those problems strains credulity beyond belief. Shifting to a
two year budget cycle would not make these problems disappear
but would, at minimum, make them worse, since the stakes would
be much higher.
Biennial budgeting transfers significant powers away from
Congress to the Executive Branch: it would empower bureaucrats.
The current annual process requiring agency administrators to
justify and defend their programs and budgets is a critical
tool to evaluate how Federal programs are working and how
taxpayer dollars are being expended. Under the existing, annual
structure, if agency spending is inconsistent with
Congressional intent, Congress can address the situation that
year in the next appropriation. Under biennial budgeting, the
legislative response to activities occurring in the first year
of the budget would always be a year behind. It is therefore
little surprise that Presidents and agency officials would like
a free pass from annually being held accountable by the
Congress.
Proponents of biennial budgeting also argue that members
and authorizing committees lack the time for oversight and that
biennial budgeting would provide it; however, this is patently
false. Most authorizing committees already perform effective
oversight of the programs under their jurisdiction. The
problems authorizers face is not a lack of time, it is getting
their legislative bills through the political process, through
the Congress and to the President. These are mainly political
and policy challenges, not procedural ones or due to lack of
oversight. Promises to the contrary, H.R. 1869 does nothing to
change that and therefore the problems in the authorization
process of getting work done will continue. Moreover the
Appropriations Committee annually holds well over 100 budget
and oversight hearings, including 150 such hearings during the
FY 2014 cycle alone. The annual appropriations process serves
as one of the most valuable oversight mechanisms available to
Congress. Yet, under biennial budgeting this oversight would
either not occur, or would lack teeth--it would be lost.
Eliminating Congress's ability to regularly check executive
action is a bad outcome for the taxpayer.
Additionally, there is every reason to believe that the
second year of the biennial budgeting cycle would be consumed
by frequent supplemental appropriations bills and other
adjustments that would grow spending and otherwise make
statutory caps and budget resolution targets meaningless. Even
under an annual system, making precise projections about agency
needs is difficult. Under the current annual cycle, the
formulation of the President's budget begins 15 to 20 months
prior to the beginning of the fiscal year for which funding
decisions will be made and as a result projections of outlays,
revenues, and estimates frequently are wrong. And the further
out you go with projections and estimates, the less reliable
they become. Since the time lag between initial forecasts and
actual budget execution creates difficulties even in an annual
process, it is difficult to conceive how extending the budget
lead time to 27 or 30 months would enhance the reliability or
quality of the estimates, improve the capacity of Congress and
the Executive Branch to foresee future needs, make decisions,
or eliminate unanticipated funding requirements.
Also, it is often cited by supporters of biennial budgeting
that many states use a two-year budget process and therefore
that model would work at the federal level. But this is, at
best, a poor analogy. The federal government is not a state. It
fulfills numerous functions no state can or should: It serves a
population of well over 300 million people, provides for the
national defense on a global basis, conducts international
relations, supports an economic system that helps drive the
global economy, and provides transfer payments to individuals
for retirement, among other activities. Also, the number of
states using a biennial budgeting system has been steadily
declining since the 1940s, with the majority of states now
using an annual process. According to the National Conference
on State Legislatures, in 1940 forty-four states enacted a
biennial budget. Only 19 do so now.
The one area of the budget process that should be looked at
in greater detail is the Budget Resolution process, the primary
responsibility of this committee. For unlike with
appropriations bills which always get done, if late or in the
form of a continuing resolution, the track record for budget
resolutions is dismal.
In the last 5 fiscal years (FY2010-FY2014),
Congress has failed to agree to a budget resolution conference
report every single year, a 100 percent failure rate.
In the last 10 fiscal years (FY2005-FY2014),
Congress has failed to agree to a budget resolution conference
report 100 percent of the time.
In fact, according to the Congressional Research
Service, Congress has met the budget resolution deadline only
six times since 1974, the last time being in FY2003.
If the House and Senate are unable to get out of the gates
and agree to a fiscal plan and, as has been the case in recent
years, instead rely on different and frequently unrealistic
budget goals, it compounds the difficulties for the
authorization and appropriations processes and helps create the
delays and missed deadlines that frustrate Members and our
constituents.
Unfortunately, we do not agree with the majority of this
committee that a shift to biennial budgeting will solve any of
the problems that now plague the budget process or improve the
authorization or appropriations processes. We believe a change
to biennial budgeting would undermine Congresses'
constitutional power of the purse and strengthen unelected
agency bureaucrats; would weaken oversight across the board;
would make decisions based on even more error-prone estimates;
and would likely lead to increased spending--a view of biennial
budgeting, it is worth noting, shared by previous Chairman of
the House Budget Committee when they served in this body,
including Chairman Nussle and Chairman Spratt. We look forward
to working with you on reforms to the budget process that
provide real solutions while preserving Congress's
constitutional role.
Tom Cole,
Ken Calvert,
Tom McClintock,
Alan Nunnelee,
Members of Congress.