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Title II — Biennial budgeting, contents of budget resolution, and bipartisan budgets

S. 2765 · 116th Congress · Oct 31, 2019 · Lineage

II Biennial budgeting, contents of budget resolution, and bipartisan budgets

Sec. 201 Biennial budgeting generally

(a)
Declaration of Purpose— Section 2(2) of the Congressional Budget and Impoundment Control Act of 1974 (2 U.S.C. 621(2)) is amended by striking “each year” and inserting “biennially”.
(b)
Definitions—
(1)
Budget resolution— Section 3(4) of the Congressional Budget and Impoundment Control Act of 1974 (2 U.S.C. 622(4)) is amended by striking “fiscal year” each place it appears and inserting “biennium”.
(2)
Biennium— Section 3 of the Congressional Budget and Impoundment Control Act of 1974 (2 U.S.C. 622) is amended by adding at the end the following:

“(12) The term biennium means the period of 2 consecutive fiscal years beginning on October 1 of any odd-numbered year.”

Sec. 202 Contents of concurrent resolution on the budget

(a)
Section heading— The section heading of section 301 of the Congressional Budget Act of 1974 (2 U.S.C. 632) is amended by striking “Annual” and inserting “Biennial”.
(b)
Contents of resolution generally— Section 301(a) of the Congressional Budget Act of 1974 (2 U.S.C. 632(a)) is amended—
(1)
by striking the matter preceding paragraph (1) and inserting the following:

“(a) Content of concurrent resolution on the budget—On or before May 15 of each odd-numbered year (or, if applicable under section 300(b), June 15 of an odd-numbered year), Congress shall complete action on a concurrent resolution on the budget for the biennium beginning on October 1 of such year. The concurrent resolution shall—”

(2)
by redesignating paragraphs (1) through (7) as subparagraphs (A) through (G), respectively, and adjusting the margin accordingly;
(3)
by inserting before subparagraph (A), as so redesignated, the following:

“(1) for any concurrent resolution on the budget, set forth appropriate levels for each fiscal year in such biennium and for at least each fiscal year of each of the ensuing 2 bienniums for the following—”

(4)
in paragraph (1)(D), as so redesignated, by striking “paragraph (1)” and inserting “subparagraph (A)”;
(5)
in paragraph (1)(F), as so redesignated, by striking “for the fiscal year” and inserting “for each fiscal year in the biennium”;
(6)
in paragraph (1)(G), as so redesignated—
(A)
by striking “for the fiscal year” and inserting “for each fiscal year in the biennium”; and
(B)
by striking the period at the end and inserting a semicolon; and
(7)
by inserting before the matter following paragraph (1)(G), as so redesignated, the following:

“(2) for any concurrent resolution on the budget, include, in accordance with section 316, a clear statement of the appropriate level for the debt subject to limit under section 3101 of title 31, United States Code, as of the end of the second fiscal year of the biennium of the concurrent resolution on the budget;”

(c)
Bipartisan budget resolution—
(1)
Definition— Section 3 of the Congressional Budget and Impoundment Control Act of 1974 (2 U.S.C. 622), as amended by section 201, is further amended by adding at the end the following:

“(13) The term bipartisan budget resolution means a concurrent resolution on the budget for a biennium that—

“(A) meets the requirements under section 301; and

“(B) is ordered reported to the Senate by the Committee on Fiscal Control and the Budget of the Senate by an affirmative vote of not less than half of the Senators that are members of the majority party in the Senate and not less than half of the Senators that are members of the minority party in the Senate.”

(2)
Contents— Section 301(a) of the Congressional Budget Act of 1974 (2 U.S.C. 632(a)) is amended by inserting after paragraph (2), as added by subsection (b) of this section, the following:

“(3) for a bipartisan budget resolution, include—

“(A) in accordance with section 316, a clear statement of the appropriate level for the discretionary spending limit for each fiscal year of the biennium of the concurrent resolution on the budget;

“(B) the amount of health care spending by the Government;

“(C) the amount of tax expenditures;

“(D) the amount of discretionary appropriations (as defined in section 250 of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 900)); and

“(E) the amount of revenues;”

(3)
Consideration of bipartisan budget resolutions— Section 305 of the Congressional Budget Act of 1974 (2 U.S.C. 636) is amended by adding at the end the following:

“(e) Procedures in the Senate for bipartisan budget resolutions

“(1) Other expedited process

“(A) In general—Subject to subparagraph (B), in the Senate, upon the agreement of the majority leader and the minority leader, additional procedures to expedite consideration of a bipartisan budget resolution shall apply to consideration of the bipartisan budget resolution. The majority leader shall submit a written statement for the Congressional Record reflecting any agreement described in this paragraph.

“(B) Inclusion and exclusion—An agreement described in this paragraph—

“(i) may include limiting the number of amendments upon which the Senate shall vote; and

“(ii) may not include the waiver of any points of order.

“(2) Adoption

“(A) In general—In the Senate, a bipartisan budget resolution shall only be agreed to—

“(i) if it complies with section 3(13)(A); and

“(ii) upon the affirmative vote of not less than—

“(I) three-fifths of the Members, duly chosen and sworn; and

“(II) 15 Members that are members of the minority party in the Senate.

“(B) Not agreed to—If a bipartisan budget resolution is not agreed to in accordance with subparagraph (A), the Senate shall be deemed to have agreed to a motion to recommit the bipartisan budget resolution to the Committee on Fiscal Control and the Budget.

“(3) Conference reports and amendments between the Houses

“(A) In general—In the Senate, a conference report or an amendment between the Houses on a bipartisan budget resolution shall only be agreed to—

“(i) if it complies with section 3(13)(A); and

“(ii) upon the affirmative vote of not less than—

“(I) three-fifths of the Members, duly chosen and sworn; and

“(II) 15 Members that are members of the minority party in the Senate.

“(B) Not agreed to—If a conference report or an amendment between the Houses on a bipartisan budget resolution is not agreed to in accordance with subparagraph (A), a motion to reconsider the conference report or amendment between the Houses is in order in accordance with rule XIII of the Standing Rules of the Senate.”

(4)
Reconciliation under bipartisan budget resolutions— Section 310(e)(2) of the Congressional Budget Act of 1974 (2 U.S.C. 641(e)(2)) is amended—
(A)
by inserting “(A)” before “Debate”; and
(B)
by adding at the end the following:

“(B) In the Senate, a reconciliation bill reported under subsection (b) pursuant to reconciliation instructions in a bipartisan budget resolution, a House amendment thereto, and a conference report thereon shall be agreed to only upon the affirmative vote of not less than—

“(i) a majority of the Members voting, a quorum being present; and

“(ii) 15 Members that are members of the minority party in the Senate.”

(5)
Automatic adjustment of debt limit and statutory caps— Title III of the Congressional Budget Act of 1974 (2 U.S.C. 631 et seq.) is amended by adding at the end the following:

“316. Automatic adjustment of debt limit and statutory caps

“(a) Definition—In this section, the term covered concurrent resolution on the budget—

“(1) means a concurrent resolution on the budget for a biennium adopted under section 301 that contains text in the form specified under subsection (b) of this section applicable to the type of concurrent resolution on the budget; and

“(2) does not include a concurrent resolution on the budget described in section 304.

“(b) Form

“(1) In general—For a concurrent resolution on the budget that is not a bipartisan budget resolution, the form specified in this subsection is that, other than any short title, the first section of the concurrent resolution on the budget shall consist of only the following: “For purposes of section 316(c) of the Congressional Budget Act of 1974, Congress specifies that section 3101(b) of title 31, United States Code, shall be amended by striking the dollar amount and inserting “$______”.”, the blank space being filled in with the appropriate level for the debt subject to limit under section 3101 of title 31, United States Code.

“(2) Bipartisan budget resolution

“(A) In general—For a concurrent resolution on the budget that is a bipartisan budget resolution, the form specified in this subsection is that, other than any short title, the first section of the concurrent resolution on the budget shall consist of only the following:

“(B) Blank spaces—The blank spaces in paragraphs (1) and (2) of such section, as described in subparagraph (A) of this paragraph, shall be filled in as follows:

“(i) The first blank being filled in with the appropriate level for the debt subject to limit under section 3101 of title 31, United States Code.

“(ii) The second blank being filled in with the number of the paragraph establishing the discretionary spending limit for the last fiscal year for which the discretionary spending limits are in effect under section 251(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(c)).

“(iii) The third and sixth blanks being filled in with the paragraph numbers following the paragraph number specified in the second blank.

“(iv) The fourth and seventh blanks being filled in with the fiscal years for which the level of the discretionary spending limits are being specified under the concurrent resolution on the budget.

“(v) The fifth and eighth blanks being filled in with the amount of the discretionary spending limit for the discretionary category for the fiscal years described in the fourth and seventh blanks, respectively, being specified under the concurrent resolution on the budget.

“(c) Automatic enrollment of joint resolution

“(1) In general—Upon adoption by Congress of a covered concurrent resolution on the budget, the Secretary of the Senate shall prepare an engrossment of a joint resolution consistent with the text included in the covered concurrent resolution on the budget in the form specified under subsection (b).

“(2) Senate—Upon engrossment of a joint resolution under paragraph (1), the vote by which the covered concurrent resolution on the budget was finally agreed to in the Senate shall also be considered as a vote on passage of the joint resolution in the Senate, and the joint resolution shall be considered as passed by the Senate and duly certified and examined. The engrossed copy shall be signed by the Secretary of the Senate and transmitted to the House of Representatives.

“(3) House of Representatives—Upon receipt of the engrossed copy of a joint resolution under paragraph (2), the vote by which the covered concurrent resolution on the budget was finally agreed to in the House of Representatives shall also be considered as a vote on passage of the joint resolution in the House of Representatives, and the joint resolution shall be considered as passed by the House of Representatives and duly certified and examined. The Clerk of the House of Representatives shall transmit the joint resolution to be enrolled.

“(4) Enrolling—Upon receipt of a joint resolution under paragraph (3), the Enrolling Clerk of the Senate shall enroll the joint resolution.

“(5) Vetoes—If the President vetoes a joint resolution enrolled under paragraph (4), in the Senate there shall be not more than 1 hour of debate on the veto message, equally divided between the majority and minority leaders or their designees.”

(6)
Bipartisan budget agreed to—
(A)
Definition— In this paragraph, the term bipartisan budget resolution has the meaning given that term in paragraph (13) of section 3 of the Congressional Budget and Impoundment Control Act of 1974 (2 U.S.C. 622), as added by this Act.
(B)
Effect on motion to proceed to appropriation bills— If a bipartisan budget resolution is adopted by the Senate and House of Representatives, a motion to proceed to the consideration of an appropriation Act referred to in section 105 of title 1, United States Code, making appropriations for either fiscal year of the biennium of the bipartisan budget resolution (which shall not include a bill or joint resolution making supplemental appropriations for such a fiscal year) or a bill or joint resolution making continuing appropriations for such a fiscal year shall not be debatable.
(C)
Minor violations— If a bipartisan budget resolution is adopted by the Senate and House of Representatives, with respect to any fiscal year covered by the bipartisan budget resolution, the Chairman of the Committee on Fiscal Control and the Budget may determine that a point of order does not lie under the Congressional Budget and Impoundment Control Act of 1974 (2 U.S.C. 621 et seq.) for a violation for which the absolute value of the violation is less than $500,000.
(d)
Other changes to content— Section 301(a) of the Congressional Budget Act of 1974 (2 U.S.C. 632(a)), is amended—
(1)
in paragraph (1), as so designated by subsection (b) of this section—
(A)
in subparagraph (D), by inserting “for direct spending (as defined in section 250 of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 900)),” before “new budget authority”;
(B)
in subparagraph (E), by striking “the public debt” and inserting “the debt held by the public and debt subject to limit under section 3101 of title 31, United States Code”;
(C)
in subparagraph (F), by striking “and” at the end; and
(D)
by inserting after subparagraph (G) the following:

“(H) the allocated amount of discretionary appropriations; and

“(I) the unallocated amount of discretionary appropriations;”

(2)
by inserting after paragraph (3), as added by subsection (c) of this section, the following:

“(4) for any concurrent resolution on the budget, specify the amount of the gross domestic product of the United States assumed for purposes of each fiscal year covered by the concurrent resolution; and

“(5) for any concurrent resolution on the budget, specify a target for the ratio of the debt held by the public to the gross domestic product of the United States (rounded to the nearest one-tenth of 1 percent) for each fiscal year covered by the concurrent resolution.”

(e)
Technical and conforming amendment— The table of contents in section 1(b) of the Congressional Budget and Impoundment Control Act of 1974 is amended—
(1)
by striking the item relating to section 301 and inserting the following:
(2)
by inserting after the item relating to section 315 the following:

Sec. 203 Additional matters relating to concurrent resolution

(a)
Additional matters— Section 301(b)(3) of the Congressional Budget Act of 1974 (2 U.S.C. 632(b)(3)) is amended by striking “for such fiscal year” and inserting “for either fiscal year in such biennium”.
(b)
Views and estimates— Section 301(d) of the Congressional Budget Act of 1974 (2 U.S.C. 632(d)) is amended—
(1)
by striking “Within 6 weeks after the President submits a budget under section 1105(a) of title 31, United States Code,” and inserting the following:

“(1) In general—Not later than March 1 of each odd-numbered year (or, if applicable under section 300(b), May 1 of an odd-numbered year),”

(2)
by adding at the end the following:

“(2) Review of unauthorized appropriations—Each Committee of the House of Representatives and the Senate shall include the views and estimates of the committee required under paragraph (1) a description of the plans of the committee to consider legislation relating to programs within the jurisdiction of the committee that appeared in the most recent report of the Congressional Budget Office on unauthorized appropriations submitted to Congress under section 202(e)(3).

“(3) Oversight of government performance

“(A) Review—Each committee of the House of Representatives and the Senate shall—

“(i) review programs and tax expenditures of which the committee has jurisdiction to identify waste, fraud, abuse, or duplication, and increase the use of performance data to inform committee work; and

“(ii) review the matters for congressional consideration identified in—

“(I) the applicable semiannual reports of the Inspectors General for which the committee has jurisdiction;

“(II) the list of unimplemented recommendations compiled by the Inspectors General for which the committee has jurisdiction;

“(III) the High Risk list published by the Government Accountability Office; and

“(IV) the annual report to reduce program duplication published by the Government Accountability Office as required under section 21 of the Joint Resolution entitled “Joint Resolution increasing the statutory limit on the public debt”, approved February 12, 2010 (31 U.S.C. 712 note).

“(B) Inclusion in views and estimates—Based on the oversight efforts and performance reviews of programs under subparagraph (A), each committee of the House of Representatives and the Senate shall include plans for improved governmental performance in the views and estimates of the committee required under paragraph (1) to the Committee on the Budget of the House of Representatives or the Committee on Fiscal Control and the Budget of the Senate, respectively.

“(4) Revenue projection—The Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives shall each include in the views and estimates of the committee required under paragraph (1)—

“(A) a report providing revenue projections for each fiscal year in the next biennium and the 4 ensuing bienniums, which shall include a description of how such revenue projections would be impacted by any extension of an expiring or terminating tax provision anticipated by the committee or other policy initiatives of the committee;

“(B) a list of—

“(i) any tax provisions that are scheduled to expire or terminate during the period described in subparagraph (A); and

“(ii) any provisions described in clause (i) that the committee anticipates will be extended—

“(I) to apply with respect to the next biennium; or

“(II) to apply with respect to the period described in subparagraph (A); and

“(C) an estimate of—

“(i) the cost to extend the tax provisions listed in subparagraph (B)(i); and

“(ii) the cost to extend the tax provisions the committee anticipates will be extended, as listed under subparagraph (B)(ii).”

(c)
Hearings— Section 301(e) of the Congressional Budget Act of 1974 (2 U.S.C. 632(e)) is amended—
(1)
in paragraph (1)—
(A)
by striking “fiscal year” and inserting “biennium”; and
(B)
by inserting after the second sentence the following: “On or before April 1 of each odd-numbered year (or, if applicable under section 300(b), June 1 of an odd numbered year), the Committee on the Budget of the House of Representatives and the Committee on Fiscal Control and the Budget of the Senate shall report to its House the concurrent resolution on the budget referred to in subsection (a) for the biennium beginning on October 1 of that year.”; and
(2)
in paragraph (2)—
(A)
by striking subparagraphs (A) and (B);
(B)
by redesignating subparagraphs (C) through (F) as subparagraphs (A) through (D), respectively; and
(C)
in subparagraph (C), as so redesignated, by striking “for the President's budget and”.
(d)
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”.
(e)
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”.

Sec. 204 Committee allocations

Section 302 of the Congressional Budget Act of 1974 (2 U.S.C. 633) is amended—
(1)
in subsection (a)—
(A)
in paragraph (1), in the matter preceding subparagraph (A), by striking “of the levels for the first fiscal year” and all that follows through “of—” and inserting “of the levels for each fiscal year in the next biennium, for the period of the next biennium and the ensuing 2 bienniums, and for the period covered by the resolution (except that in the case of the Committee on Appropriations only for each fiscal year in the biennium) of—”; and
(B)
in paragraph (5)(A), by striking “April 15” and inserting “May 15 of an odd-numbered year (or, if applicable under section 300(b), June 15 of an odd-numbered year)”;
(2)
in subsection (b), by striking “budget year” and inserting “biennium”;
(3)
in subsection (c)—
(A)
by striking “for a fiscal year” and inserting “for each fiscal year in the biennium”; and
(B)
by striking “for that fiscal year” and inserting “for a fiscal year during that biennium”;
(4)
in subsection (f)—
(A)
in paragraph (1)—
(i)
in the matter preceding subparagraph (A), by striking “for a fiscal year” and inserting “for a biennium”; and
(ii)
in the matter following subparagraph (C), by striking “the first fiscal year” and inserting “each fiscal year of the biennium”; and
(B)
in paragraph (2)(A)—
(i)
by striking “the first fiscal year” and inserting “each fiscal year of the biennium”; and
(ii)
by striking “the total of fiscal years” and inserting “the total of all fiscal years covered by the resolution”; and
(5)
in subsection (g)(1)(A), by striking “April 15” and inserting “May 15 of an odd-numbered year (or, if applicable under section 300(b), June 15 of an odd-numbered year)”.

Sec. 205 Section 303 Point of order

(a)
In general— Section 303(a) of the Congressional Budget Act of 1974 (2 U.S.C. 634(a)) is amended—
(1)
by striking “for a fiscal year” and inserting “for a biennium”; and
(2)
by striking “the first fiscal year” and inserting “each fiscal year of the biennium”.
(b)
Exceptions in the house— Section 303(b) of the Congressional Budget Act of 1974 (2 U.S.C. 634(b)) is amended—
(1)
in paragraph (1)(A), by striking “the budget year” and inserting “the biennium”; and
(2)
in paragraph (2), by inserting “(or, if applicable under section 300(b), June 15)” after “May 15”.
(c)
Application to the senate— Section 303(c)(1) of the Congressional Budget Act of 1974 (2 U.S.C. 634(c)(1)) is amended by striking “fiscal year” and inserting “biennium”.

Sec. 206 Permissible revisions of concurrent resolutions on the budget

Section 304 of the Congressional Budget Act of 1974 (2 U.S.C. 635) is amended—
(1)
by striking “fiscal year” the first two places it appears and inserting “biennium”; and
(2)
by striking “for such fiscal year” and inserting “for such biennium”.

Sec. 207 Procedures for consideration of budget resolutions

Section 305 of the Congressional Budget Act of 1974 (2 U.S.C. 636) is amended—
(1)
in subsection (a)(3), by striking “fiscal year” and inserting “biennium”; and
(2)
in subsection (b)(3), by striking “fiscal year” and inserting “biennium”.

Sec. 208 Completion of House action on appropriation bills

(a)
In general— Section 307 of the Congressional Budget Act of 1974 (2 U.S.C. 638) is amended—
(1)
in the section heading, by striking “House committee action on all appropriation bills to be completed by June 10” and inserting “Deadline for House committee action on all appropriation bills”; and
(2)
by inserting “(or, if applicable under section 300(b), June 30 of a year)” after “June 10 of each year”.
(b)
Technical and conforming amendment— The table of contents in section 1(b) of the Congressional Budget and Impoundment Control Act of 1974 is amended by striking the item relating to section 307 and inserting the following:

Sec. 209 Reconciliation process

Section 310 of the Congressional Budget Act of 1974 (2 U.S.C. 641) is amended—
(1)
in subsection (a)—
(A)
in the matter preceding paragraph (1), by striking “any fiscal year” and inserting “any biennium”; and
(B)
in paragraph (1) by striking “such fiscal year” each place it appears and inserting “any fiscal year covered by such resolution”; and
(2)
in subsection (f)—
(A)
by inserting “of an odd-numbered year” after “July”; and
(B)
by striking “for such fiscal year” and inserting “for the biennium that begins with such fiscal year”.

Sec. 210 Section 311 point of order

(a)
In the House— Section 311(a)(1) of the Congressional Budget Act of 1974 (2 U.S.C. 642(a)(1)) is amended—
(1)
by striking “for a fiscal year” and inserting “for a biennium”;
(2)
by striking “the first fiscal year” each place it appears and inserting “either fiscal year of the biennium”; and
(3)
by striking “that first fiscal year” and inserting “each fiscal year in the biennium”.
(b)
In the Senate— Section 311(a)(2) of the Congressional Budget Act of 1974 (2 U.S.C. 642(a)(2)) is amended—
(1)
in subparagraph (A), by striking “for the first fiscal year” and inserting “for either fiscal year of the biennium”; and
(2)
in subparagraph (B)—
(A)
by striking “that first fiscal year” the first place it appears and inserting “either fiscal year in the biennium”; and
(B)
by striking “that first fiscal year and the ensuing fiscal years” and inserting “all fiscal years”.
(c)
Social security levels— Section 311(a)(3) of the Congressional Budget Act of 1974 (2 U.S.C. 642(a)(3)) is amended by—
(1)
striking “for the first fiscal year” and inserting “each fiscal year in the biennium”; and
(2)
striking “that fiscal year and the ensuing fiscal years” and inserting “all fiscal years”.

Sec. 211 Maximum deficit amount point of order

Section 312(c) of the Congressional Budget Act of 1974 (2 U.S.C. 643(c)) is amended—
(1)
in the matter preceding paragraph (1), by striking “for a fiscal year” and inserting “for a biennium”;
(2)
in paragraph (1), by striking “the first fiscal year” and inserting “either fiscal year in the biennium”;
(3)
in paragraph (2), by striking “that fiscal year” and inserting “either fiscal year in the biennium”; and
(4)
in the matter following paragraph (2), by striking “that fiscal year” and inserting “the applicable fiscal year”.