H.R. 1869 — what changed
Biennial Budgeting and Enhanced Oversight Act of 2013 2014
From Introduced in House to Reported in House. 9 sections amended between Introduced in House and Reported in House.
Section 1 Short title
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This Act may be cited as the “Biennial Budgeting and Enhanced Oversight Act of 2013”.2013 2014”.
Sec. 102 Definitions
changed Section 3 of the Congressional Budget and Impoundment Control Act of 1974 is amended by adding at the end the following new paragraphs:
“(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.”
Sec. 103 Revision of timetable
Section 300 of the Congressional Budget Act of 1974 (2 U.S.C. 631) is amended to read as follows:
“300. Timetable
changed “The timetable with respect to the congressional budget process for any Congress (beginning with the One Hundred Fourteenth Fifteenth Congress) is as follows:”
Sec. 104 Biennial concurrent resolutions on the budget
Contents of resolution— Section 301(a) of the Congressional Budget Act of 1974 (2 U.S.C. 632(a)) is amended—
in the matter preceding paragraph (1), by—
striking “April 15 of each year” and inserting “April 15 of each odd-numbered year”;
striking “the fiscal year beginning on October 1 of such year” the first place it appears and inserting “the biennium beginning on October 1 of such year”;
striking “the fiscal year beginning on October 1 of such year” the second place it appears and inserting “each fiscal year in such period”; and
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striking “each of the four 4 ensuing fiscal years” and inserting “each fiscal year in the next 2 bienniums”;
by striking paragraph (4) and inserting the following:
“(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;”
in paragraph (6), by striking “for the fiscal year” and inserting “for each fiscal year in the biennium”; and
in paragraph (7), by striking “for the fiscal year” and inserting “for each fiscal year in the biennium”.
Additional Matters in concurrent resolution— Section 301(b) of the Congressional Budget Act of 1974 is amended—
by striking paragraph (1), and by striking paragraphs (6) through (9);
by redesignating paragraphs (2), (3), (4), and (5) as paragraphs (1), (2), (3), and (4), respectively;
in paragraph (2), as redesignated, by striking “for such fiscal year” and inserting “for either fiscal year in such biennium”; and
by striking paragraph (3), as redesignated, and inserting the following:
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“(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).”(h)(2)(F).;”
added
in paragraph (4), as redesignated, by striking the semicolon and inserting a period.
Views of other committees— Section 301(d) of the Congressional Budget Act of 1974 (2 U.S.C. 632(d)) is amended by adding at the end the following new sentences: “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.”.
Hearings and report— Section 301(e) of the Congressional Budget Act of 1974 (2 U.S.C. 632(e)) is amended—
in paragraph (1)—
by striking “fiscal year” and inserting “biennium”; and
by inserting after the second sentence the following: “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.”;
in paragraph (2)—
by redesignating subparagraphs (A), (B), (C), (D), (E), and (F) as subparagraphs (B), (C), (E), (F), (H), and (I), respectively;
before subparagraph (B) (as redesignated), by inserting the following new subparagraph:
“(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);”
in subparagraph (C) (as redesignated), by striking “mandatory” and inserting “direct spending”;
after subparagraph (C) (as redesignated), by inserting the following new subparagraph:
“(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;”
after subparagraph (F) (as redesignated), by inserting the following new subparagraph:
“(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;”
in paragraph (3)—
by redesignating subparagraphs (A) and (B) as subparagraphs (B) and (C), respectively;
by striking subparagraphs (C) and (D);
by redesignating subparagraph (E) as subparagraph (D); and
by striking the period and the end of subparagraph (D), as redesignated, and inserting “; and”;
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before subparagraph (B), as redesignated, by inserting the following new subparagraph:
“(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);”
at the end, by adding the following new subparagraph:
“(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.”
Goals for reducing unemployment— Section 301(f) of the Congressional Budget Act of 1974 (2 U.S.C. 632(f)) is amended by striking “fiscal year” each place it appears and inserting “biennium”.
Economic assumptions— Section 301(g)(1) of the Congressional Budget Act of 1974 (2 U.S.C. 632(g)(1)) is amended by striking “for a fiscal year” and inserting “for a biennium”.
Section heading— The section heading of section 301 of the Congressional Budget Act of 1974 is amended by striking “annual” and inserting “biennial”.
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Table of contents— The item relating to section 301 in the table of contents set forth in section 1(b) of the Congressional Budget and Impoundment Control Act of 1974 is amended by striking “Annual” and inserting “Biennial”.
Sec. 105 Committee allocations
Section 302 of the Congressional Budget Act of 1974 (2 U.S.C. 633) is amended—
in subsection (a)(1) by—
striking “for the first fiscal year of the resolution,” and inserting “for each fiscal year in the biennium,”;
striking “for that period of fiscal years” and inserting “for all fiscal years covered by the resolution”; and
striking “for the fiscal year of that resolution” and inserting “for each fiscal year in the biennium”;
in the first sentence of subsection (b), by striking “subsection (a)” and inserting “subsection (a)(1)”;
in subsection (f)(1)—
by striking “for a fiscal year” and inserting “for a biennium”;
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by striking “first “the first fiscal year” and inserting “either fiscal year of the biennium”; and
in subparagraph (A), by striking “as reported”;
in subsection (f)(2)(A), by—
striking “first fiscal year” and inserting “each fiscal year of the biennium”; and
striking “the total of fiscal years” and inserting “the total of all fiscal years covered by the resolution”; and
by striking subsection (g).
Sec. 107 Additional amendments to the Congressional Budget Act of 1974 to effectuate biennial budgeting
changed
Definitions— Section 3 of the Congressional Budget and Impoundment Control Act of 1974 is amended, as amended, is further amended by adding at the end the following new paragraphs:
changed “(12) (14) The term Medicare means programs within budget function 570.
changed “(13) (15) The term Medicaid and other health-related spending means programs within budget function 550.
changed “(14) (16) The term other direct spending means programs other than those within budget functions 550 and 570, excluding Social Security and net interest.”
Completion of House Committee action on appropriation bills— Section 307 of the Congressional Budget Act of 1974 (2 U.S.C. 638) is amended—
by striking “each year” and inserting “each odd-numbered year”;
by striking “annual” and inserting “biennial”;
by striking “fiscal year” and inserting “biennium”; and
by striking “that year” and inserting “each odd-numbered year”.
Completion of House action on regular appropriation bills— Section 309 of the Congressional Budget Act of 1974 (2 U.S.C. 640) is amended—
by inserting “of any odd-numbered calendar year” after “July”;
by striking “annual” and inserting “biennial”; and
by striking “fiscal year” and inserting “biennium”.
Reconciliation process— Section 310 of the Congressional Budget Act of 1974 (2 U.S.C. 641) is amended—
in subsection (a), in the matter preceding paragraph (1), by striking “any fiscal year” and inserting “any biennium”;
in subsection (a)(1), by striking “such fiscal year” each place it appears and inserting “any fiscal year covered by such resolution”; and
by striking subsection (f) and redesignating subsection (g) as subsection (f).
Section 311 Point of order—
In the House of Representatives— Section 311(a)(1) of the Congressional Budget Act of 1974 (2 U.S.C. 642(a)) is amended—
by striking “for a fiscal year” and inserting “for a biennium”;
by striking “the first fiscal year” each place it appears and inserting “either fiscal year of the biennium”; and
by striking “that first fiscal year” and inserting “each fiscal year in the biennium”.
In the Senate— Section 311(a)(2) of the Congressional Budget Act of 1974 is amended—
in subparagraph (A), by striking “for the first fiscal year” and inserting “for either fiscal year of the biennium”; and
in subparagraph (B)—
by striking “that first fiscal year” the first place it appears and inserting “each fiscal year in the biennium”; and
by striking “that first fiscal year and the ensuing fiscal years” and inserting “all fiscal years”.
Social security levels— Section 311(a)(3) of the Congressional Budget Act of 1974 is amended by—
striking “for the first fiscal year” and inserting “each fiscal year in the biennium”; and
striking “that fiscal year and the ensuing fiscal years” and inserting “all fiscal years”.
Exception— Section 311(c) of the Congressional Budget Act of 1974 is amended by inserting “with respect to new budget authority or outlays” after “shall not apply”.
Maximum deficit amount point of order— Section 312(c) of the Congressional Budget Act of 1974 (2 U.S.C. 643) is amended—
by striking “for a fiscal year” and inserting “for a biennium”;
in paragraph (1), by striking “first fiscal year” and inserting “either fiscal year in the biennium”;
in paragraph (2), by striking “that fiscal year” and inserting “either fiscal year in the biennium”; and
in the matter following paragraph (2), by striking “that fiscal year” and inserting “the applicable fiscal year”.
Sec. 302 Amendments to title 31, United States Code
Definition— Section 1101 of title 31, United States Code, is amended by adding at the end the following new paragraph:
“(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)).”
Budget contents and submission to the Congress—
Schedule— The matter preceding paragraph (1) in section 1105(a) of title 31, United States Code, is amended to read as follows:
changed “(a) On or before the first Tuesday in February of each odd-numbered year, beginning with the One Hundred Fourteenth 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:”
Expenditures— Section 1105(a)(5) of title 31, United States Code, is amended by striking “the fiscal year for which the budget is submitted and the 4 fiscal years after that year” and inserting “each fiscal year in the biennium for which the budget is submitted and in the succeeding 4 years”.
Receipts— Section 1105(a)(6) of title 31, United States Code, is amended by striking “the fiscal year for which the budget is submitted and the 4 fiscal years after that year” and inserting “each fiscal year in the biennium for which the budget is submitted and in the succeeding 4 years”.
Balance statements— Section 1105(a)(9)(C) of title 31, United States Code, is amended by striking “the fiscal year” and inserting “each fiscal year in the biennium”.
Government functions and activities— Section 1105(a)(12) of title 31, United States Code, is amended in subparagraph (A), by striking “the fiscal year” and inserting “each fiscal year in the biennium”.
Allowances— Section 1105(a)(13) of title 31, United States Code, is amended by striking “the fiscal year” and inserting “each fiscal year in the biennium”.
Allowances for unanticipated and uncontrollable expenditures— Section 1105(a)(14) of title 31, United States Code, is amended by striking “that year” and inserting “each fiscal year in the biennium for which the budget is submitted”.
Tax expenditures— Section 1105(a)(16) of title 31, United States Code, is amended by striking “the fiscal year” and inserting “each fiscal year in the biennium”.
Estimates for future years— Section 1105(a)(17) of title 31, United States Code, is amended—
by striking “the fiscal year following the fiscal year” and inserting “each fiscal year in the biennium following the biennium”;
by striking “that following fiscal year” and inserting “each such fiscal year”; and
by striking “fiscal year before the fiscal year” and inserting “biennium before the biennium”.
Prior year outlays— Section 1105(a)(18) of title 31, United States Code, is amended—
by striking “the prior fiscal year” and inserting “each of the 2 most recently completed fiscal years,”;
by striking “for that year” and inserting “with respect to those fiscal years”; and
by striking “in that year” and inserting “in those fiscal years”.
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Budget contents and submission to Congress— Section 1105(a)(28) of title 31, United States Code, is amended by striking “beginning with fiscal year 1999, a” and inserting “beginning with fiscal year 2016, 2016 2017, a biennial”.
Information supporting biennial budgets— Section 1105(a) of title 31, United States Code, is amended by redesignating the second paragraph (37) as paragraph (39) and by adding at the end the following new paragraphs:
“(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.”
Estimated expenditures of legislative and judicial branches— Section 1105(b) of title 31, United States Code, is amended by striking “each year” and inserting “each even-numbered year”.
Recommendations To meet estimated deficiencies— Section 1105(c) of title 31, United States Code, is amended—
by striking “the fiscal year for” the first place it appears and inserting “each fiscal year in the biennium for”;
by striking “the fiscal year for” the second place it appears and inserting “each fiscal year of the biennium, as the case may be,”; and
by striking “that year” and inserting “for each year of the biennium”.
Additional outyear data— Section 1105(d) of title 31, United States Code, is amended by inserting “(1)” after “(d)” and by adding at the end the following new paragraph:
“(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.”
Capital investment analysis— Section 1105(e)(1) of title 31, United States Code, is amended by striking “ensuing fiscal year” and inserting “biennium to which such budget relates”.
Supplemental budget estimates and changes—
In general— Section 1106(a) of title 31, United States Code, is amended—
in the matter preceding paragraph (1), by—
inserting “and before February 1 of each even-numbered year” after “Before July 16 of each year”; and
striking “fiscal year” and inserting “biennium”;
in paragraph (1), by striking “that fiscal year” and inserting “each fiscal year in such biennium”;
in paragraph (2), by striking “4 fiscal years following the fiscal year” and inserting “at least 4 fiscal years following the biennium”; and
in paragraph (3), by striking “fiscal year” and inserting “biennium”.
Changes— Section 1106(b) of title 31, United States Code, is amended by—
striking “the fiscal year” and inserting “each fiscal year in the biennium”; and
inserting “and before February 15 of each even-numbered year” after “Before July 16 of each year”.
Current programs, projects, and activities estimates—
The President— Section 1109(a) of title 31, United States Code, is amended—
by striking “On or before the first Monday after January 3 of each year (on or before February 5 in 1986)” and inserting “At the same time the budget required by section 1105 is submitted for a biennium”; and
by striking “the following fiscal year” and inserting “each fiscal year of such period”.
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Joint economic committee— Section 1109(b) of title 31, United States Code, is amended by striking “March “before March 1 of each year” and inserting “within 6 weeks of the President’s budget submission for each odd-numbered year”.
Year-Ahead requests for authorizing legislation— Section 1110 of title 31, United States Code, is amended by—
striking “May 16” and inserting “March 31”; and
striking “year before the year in which the fiscal year begins” and inserting “calendar year preceding the calendar year in which the biennium begins”.
Performance plans— Section 1115 of title 31, United States Code, is amended—
in subsection (a)—
in the matter before paragraph (1) by striking “an annual” and inserting “a biennial”;
in paragraph (1) by inserting after “program activity” the following: “for both years 1 and 2 of the biennial plan”;
in paragraph (5) by striking “and” after the semicolon;
in paragraph (6) by striking the period and inserting a semicolon; and inserting “and” after the inserted semicolon; and
by adding after paragraph (6) the following:
“(7) cover each fiscal year of the biennium beginning with the first fiscal year of the next biennial budget cycle.”
in subsection (d) by striking “annual” and inserting “biennial”; and
in paragraph (6) of subsection (f) by striking “annual” and inserting “biennial”.
Pilot projects for performance budgeting— Section 1119 of title 31, United States Code, is amended—
in paragraph (1) of subsection (d), by striking “annual” and inserting “biennial”; and
in subsection (e), by striking “annual” and inserting “biennial”.
Managerial accountability and flexibility— Section 9703 of title 31, United States Code, relating to managerial accountability, is amended—
in subsection (a)—
changed
in the first sentence by striking “Beginning with fiscal year 1999, the” and inserting “Beginning with fiscal year 2016, 2016 2017, the biennial” and by striking “annual”; and
by striking “section 1105(a)(29)” and inserting “section 1105(a)(28)”; and
in subsection (e)—
in the first sentence by striking “one or” before “years”;
in the second sentence by striking “a subsequent year” and inserting “for a subsequent 2-year period”; and
in the third sentence by striking “three” and inserting “four”.
Sec. 303 Government strategic and performance plans on a biennial basis
Strategic plans—
Section 306 of title 5, United States Code, is amended—
changed
in subsection (a), by striking “September 30, 1997” and inserting “September 30, 2014”;2014 2016”;
in subsection (b)—
by striking “at least every three years” and inserting “at least every 4 years”; and
by striking “five years forward” and inserting “six years forward”; and
changed
in subsection (c), by inserting a comma after “section” the second place it appears and adding “including a strategic plan submitted by September 30, 2014, 2014 2016, meeting the requirements of subsection (a)”.
Section 2802 of title 39, United States Code, is amended—
changed
in subsection (a), by striking “September 30, 1997” and inserting “September 30, 2014”;2014 2016”;
in subsection (b), by—
striking “five years forward” and inserting “six years forward”; and
striking “at least every three years” and inserting “at least every 4 years”; and
changed
in subsection (c), by inserting “, including a strategic plan submitted by September 30, 2014, 2014 2016, meeting the requirements of subsection (a)” before the period.
Performance plans— Section 2803(a) of title 39, United States Code, is amended—
in the matter before paragraph (1), by striking “an annual” and inserting “a biennial”;
in paragraph (1), by inserting after “program activity” the following: “for both years 1 and 2 of the biennial plan”;
in paragraph (5), by striking “and” after the semicolon;
in paragraph (6), by striking the period and inserting “; and”; and
by adding after paragraph (6) the following:
“(7) cover each fiscal year of the biennium beginning with the first fiscal year of the next biennial budget cycle.”
Sec. 401 Effective date
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In general— Except as provided by subsection (b), the amendments made by this Act shall take effect immediately before noon January 3, 2015.2015 2017.
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Exception— The amendments made by section 303 shall take effect on September 30, 2014.2014 2016.