U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1 

39–006 

" ! HOUSE OF REPRESENTATIVES 113TH CONGRESS

2d Session 

REPT. 113–382 

2014

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 


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COMMITTEE ON THE BUDGET 

PAUL RYAN, Wisconsin, Chairman 

TOM PRICE, Georgia 

SCOTT GARRETT, New Jersey 

JOHN CAMPBELL, California 

KEN CALVERT, California 

TOM COLE, Oklahoma 

TOM MCCLINTOCK, California 

JAMES LANKFORD, Oklahoma 

DIANE BLACK, Tennessee 

REID J. RIBBLE, Wisconsin 

BILL FLORES, Texas 

TODD ROKITA, Indiana 

ROB WOODALL, Georgia 

MARSHA BLACKBURN, Tennessee 

ALAN NUNNELEE, Mississippi 

E. SCOTT RIGELL, Virginia 

VICKY HARTZLER, Missouri 

JACKIE WALORSKI, Indiana 

LUKE MESSER, Indiana 

TOM RICE, South Carolina 

ROGER WILLIAMS, Texas 

SEAN P. DUFFY, Wisconsin 

CHRIS VAN HOLLEN, Maryland, 

Ranking Minority Member 

ALLYSON Y. SCHWARTZ, Pennsylvania 

JOHN A. YARMUTH, Kentucky 

BILL PASCRELL, JR., New Jersey 

TIM RYAN, Ohio 

GWEN MOORE, Wisconsin 

KATHY CASTOR, Florida 

JIM MCDERMOTT, Washington 

BARBARA LEE, California 

HAKEEM S. JEFFRIES, New York 

MARK POCAN, Wisconsin 

MICHELLE LUJAN GRISHAM, New Mexico 

JARED HUFFMAN, California 

TONY CA ́ RDENAS, California 

EARL BLUMENAUER, Oregon 

KURT SCHRADER, Oregon 

[Vacant] 

PROFESSIONAL STAFF

AUSTIN SMYTHE, Staff Director 

THOMAS S. KAHN, Minority Staff Director 


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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 


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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’’. 


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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 


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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. 


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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. 2For fiscal year 2014, CBO estimates total outlays will amount to $3.454 trillion, with discre- tionary 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. 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. 

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

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. 

ENACTMENT OF REGULAR APPROPRIATIONS BILLS AND USE OF CONTINUING RESOLUTIONS 

[FY1977–FY2014] 

Fiscal year Total number of regular appropriations billsa

Regular appropriations bills enacted 

on or before October 1 Continuing resolutions enactedb

1977 13 13 (2) c


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ENACTMENT OF REGULAR APPROPRIATIONS BILLS AND USE OF CONTINUING RESOLUTIONS— 

Continued 

[FY1977–FY2014] 

Fiscal year Total number of regular appropriations billsa

Regular appropriations bills enacted 

on or before October 1 Continuing resolutions enactedb

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 ap- propriations bill each. During the 109th Congress, due to subcommittee realignment, the total number of regular appropriations bills was ef- fectively 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 individ- ually. 

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. 


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4Testimony 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. 5Senate 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. 

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. 

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

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

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


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11Testimony 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$2fhrg2011-bgh-0015-signed.pdf/entitlementkeys=1234. 12Testimony 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. 13Testimony 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. 15Testimony 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 

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

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

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

Leon Panetta was the author of one of the first biennial reform 

bills in 1977. In 2012, then Secretary of Defense Leon Panetta tesVerDate Mar 15 2010 06:45 Mar 22, 2014 Jkt 039006 PO 00000 Frm 00011 Fmt 6659 Sfmt 6602 E:\HR\OC\HR382P1.XXX HR382P1

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18Testimony 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 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-BiennialBudgeting. 21 Ibid. 22Linda 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. 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. 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. 

tified 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

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

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

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 autopilot. 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

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

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. 


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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. 29Office 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. 

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

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

Representative Leon Panetta (D-CA) introduced the Biennial 

Budget Act, the first bill introduced in Congress establishing a biennial budget process. 


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30 Ibid. 31 Ibid. 

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 (DCA), 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 (DCA), 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


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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 (DTN), H.R. 805 introduced by Representative Timothy J. Penny (DMN), 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 (ROH), 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 


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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 (ROH). The House Budget Committee reported, with an amendment 

in the nature of a substitute, H.R. 981, the Commission on Federal 


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32See House Report 107–200—Part 1, Commission on Federal Budget Concepts Act of 2001, 

p. 8. 33See House Report 107–200—Part 2, Budget Responsibility and Efficiency Act of 2011. 

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

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. 


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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.’’ 


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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. 


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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. 


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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 


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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 & State Aye No Answer 

Present Name & State Aye No Answer Present 

RYAN, PAUL (WI) (Chairman) X VAN HOLLEN (MD) (Ranking) X 

PRICE (GA) X SCHWARTZ (PA) 

GARRETT (NJ) X YARMUTH (KY) X 

CAMPBELL (CA) PASCRELL (NJ) X 

CALVERT (CA) X RYAN, TIM (OH) X 

COLE (OK) X MOORE (WI) X 

McCLINTOCK (CA) X CASTOR (FL) 

LANKFORD (OK) X McDERMOTT (WA) X 

BLACK (TN) X LEE (CA) X 

RIBBLE (WI) X CICILLINE (RI) 

FLORES (TX) X JEFFRIES (NY) 

ROKITA (IN) X POCAN (WI) X 

WOODALL (GA) X LUJAN GRISHAM (NM) X 

BLACKBURN (TN) X HUFFMAN (CA) X 

NUNNELEE (MS) X CA ́RDENAS (CA) 

RIGELL (VA) X BLUMENAUER (OR) 

HARTZLER (M0) X SCHRADER (OR) X 

WALORSKI (IN) X 

MESSER (IN) X 

RICE (SC) X 

WILLIAMS (TX) X 

DUFFY (WI) X 

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. 


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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 


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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 


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21 

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. øAnnual¿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— 

ø(1) to assure effective congressional control over the budgetary process; 

ø(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. 


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(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 257ø(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 

øTIMETABLE

øSEC. 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 February ................... President submits his budget.

February 15 .......................................... Congressional Budget Office submits 

report to Budget Committees.


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On or before: Action to be completed:

Not later than 6 weeks after President submits budget.Committees 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 submission.Committees submit views and estimates to Budget 

Committees. 

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 

submits budget review.

Congressional Budget Office submits report to Budget 

Committees. 

øANNUAL¿ BIENNIAL ADOPTION OF CONCURRENT RESOLUTION ON THE

BUDGET

SEC. 301. (a) CONTENT OF CONCURRENT RESOLUTION ON THE

BUDGET.—On or before øApril 15 of each year¿ April 15 of each 

odd-numbered year, the Congress shall complete action on a concurrent resolution on the budget for øthe 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 levVerDate Mar 15 2010 06:45 Mar 22, 2014 Jkt 039006 PO 00000 Frm 00027 Fmt 6659 Sfmt 6601 E:\HR\OC\HR382P1.XXX HR382P1

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els for øthe fiscal year beginning on October 1 of such year¿ each 

fiscal year in such period and for at least øeach of the 4 ensuing 

fiscal years¿ each fiscal year in the next 2 bienniums for the following— 

(1) * * * 

* * * * * * * 

ø(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 øfor 

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) 

øfor 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— 

ø(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;¿ 

ø(2)¿ (1) include reconciliation directives described in section 310; 

ø(3)¿ (2) require a procedure under which all or certain 

bills or resolutions providing new budget authority or new entitlement authority øfor 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); 

ø(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); 


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ø(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 yearsø;¿. 

ø(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; 

ø(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; 

ø(8) set forth procedures to effectuate pay-as-you-go in the 

House of Representatives; and 

ø(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 


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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 øfiscal 

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 oddnumbered 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); 

ø(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; 

ø(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 ømandatory¿ 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; 

ø(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; 

ø(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; 


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(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; 

ø(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 

ø(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); 

ø(A)¿ (B) a statement of any significant changes in the 

proposed levels of Federal assistance to State and local 

governments; 

ø(B)¿ (C) an allocation of the level of Federal revenues 

recommended in the resolution among the major sources of 

such revenues; 

ø(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; 

ø(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¿ 

ø(E)¿ (D) other matters, relating to the budget and to 

fiscal policy, that the committee deems appropriateø.¿; 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 fiveyear period prescribed by such subsection, the concurrent resolution on the budget for the øfiscal 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 øfiscal 


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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 øfor 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 øfor 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 øfor that period of fiscal years¿ 

for all fiscal years covered by the resolution (except in the case 

of the Committee on Appropriations only øfor 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 øsubsection (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 øfor 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 øas reported¿; 

* * * * * * * 


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would cause the applicable allocation of new budget authority 

made under subsection (a) or (b) for øthe 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 øfirst fiscal year¿ each fiscal year of the biennium or øthe total of 

fiscal years¿ the total of all fiscal years covered by the resolution to be exceeded; or 

* * * * * * * 

ø(g) PAY-AS-YOU-GO EXCEPTION IN THE HOUSE.— ø(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— 

ø(i) the enactment of that bill or resolution as reported; 

ø(ii) the adoption and enactment of that amendment; 

or 

ø(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. 

ø(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— 

ø(i) the enactment of that bill or resolution as reported; 

ø(ii) the adoption and enactment of that amendment; 

or 

ø(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 


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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. 

ø(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. 

ø(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 øeach year¿ each odd-numbered year, the Committee on Appropriations of the House of Representatives shall report øannual¿ biennial appropriation bills providing new budget authority under the jurisdiction of all of its subcommittees for the øfiscal year¿ biennium which begins on October 

1 of øthat 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 EX- PENDITURES.— (1) * * * 

* * * * * * * 

(3) CBO PAYGO ESTIMATES.— 

(A) * * * 

* * * * * * * 

ø(C) The Director shall not count timing shifts, as that 

term is defined at section 3(8) of the Statutory Pay-AsYou-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 ø252(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 peVerDate Mar 15 2010 06:45 Mar 22, 2014 Jkt 039006 PO 00000 Frm 00034 Fmt 6659 Sfmt 6601 E:\HR\OC\HR382P1.XXX HR382P1

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riod of more than three calendar days during the month of July of 

any odd-numbered calendar year until the House of Representatives has approved øannual¿ biennial appropriation bills providing 

new budget authority under the jurisdiction of all the subcommittees of the Committee on Appropriations for the øfiscal 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 øany 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 øsuch fiscal year¿ any 

fiscal year covered by such resolution; 

* * * * * * * 

(C) new entitlement authority which is to become effective during øsuch fiscal year¿ any fiscal year covered by 

such resolution; and 

(D) credit authority for øsuch 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; 

* * * * * * * 

ø(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.¿ 

ø(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. 


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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 øfor 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 øthe 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 øthe first fiscal year¿ either fiscal year of the biennium 

or for the total of øthat 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 øfor 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 øthat first fiscal year¿ each fiscal year in the biennium or for the total of øthat 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 øfor the first fiscal year¿ each fiscal year in the biennium or for the total of øthat 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— 


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(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 øfor 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 øfirst 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 øthat fiscal year¿ either fiscal year in the 

biennium that exceeds; 

the recommended level of Federal revenues for øthat 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 

ø§ 105. Title of appropriation Acts 

øThe style and title of all Acts making appropriations for the 

support of Government shall be as follows: ‘‘An Act making approVerDate Mar 15 2010 06:45 Mar 22, 2014 Jkt 039006 PO 00000 Frm 00037 Fmt 6659 Sfmt 6601 E:\HR\OC\HR382P1.XXX HR382P1

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priations (here insert the object) for the year ending September 30 

(here insert the calendar year).’’¿ 

§ 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 

§ 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)). 

* * * * * * * 

§ 1105. Budget contents and submission to Congress 

(a) øOn 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) * * * 

* * * * * * * 


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(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 øthe 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 øthe 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 

øthe 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 øthe 

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 øthe fiscal year¿ each fiscal 

year in the biennium for which the budget is submitted. 

(14) an allowance for unanticipated uncontrollable expenditures for øthat 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 øthe 

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 øthe 

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 øthat following fiscal year¿ each such fiscal year when the 

appropriations are authorized to be included in an appropriation law for the øfiscal 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 

øthe prior fiscal year¿ each of the 2 most recently completed fisVerDate Mar 15 2010 06:45 Mar 22, 2014 Jkt 039006 PO 00000 Frm 00039 Fmt 6659 Sfmt 6601 E:\HR\OC\HR382P1.XXX HR382P1

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cal years, estimated in the budget submitted øfor 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 øin that year¿ in those fiscal years. 

* * * * * * * 

(28) øbeginning 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. 

* * * * * * * 

ø(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 øeach year¿ each evennumbered 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 øthe 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 øthe 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 øthat 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. 


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(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 øensuing 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) * * * 

* * * * * * * 

§ 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 øfiscal year¿ biennium 

for which the budget is submitted under section 1105(a) of this 

title. The summary shall include— 

(1) for øthat fiscal year¿ each fiscal year in such biennium— 

(A) * * * 

* * * * * * * 

(2) for the ø4 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 øfiscal 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 øthe 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. 

* * * * * * * 

§ 1109. Current programs and activities estimates 

(a) øOn or before the first Monday after January 3 of each year 

(on or before February 5 in 1986)¿ At the same time the budget reVerDate Mar 15 2010 06:45 Mar 22, 2014 Jkt 039006 PO 00000 Frm 00041 Fmt 6659 Sfmt 6601 E:\HR\OC\HR382P1.XXX HR382P1

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quired 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 øthe 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 øbefore March 1 of each 

year¿ within 6 weeks of the President’s budget submission for each 

odd-numbered year. 

§ 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 øMay 16¿ March 31 of the øyear 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. 

* * * * * * * 

§ 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; øand¿ 

(6)identify major management challenges that are Governmentwide or crosscutting in nature and describe plans to adVerDate Mar 15 2010 06:45 Mar 22, 2014 Jkt 039006 PO 00000 Frm 00042 Fmt 6659 Sfmt 6601 E:\HR\OC\HR382P1.XXX HR382P1

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dress such challenges, including relevant performance goals, 

performance indicators, and milestonesø.¿; 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. 

* * * * * * * 

§ 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 øannual¿ 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 øannual¿ biennial budget submitted under section 1105. 

* * * * * * * 

SUBTITLE VI—MISCELLANEOUS 

* * * * * * * 

CHAPTER 97—MISCELLANEOUS 

* * * * * * * 

§ 9703. Managerial accountability and flexibility 

(a) øBeginning 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 øannual¿ budget submitted under section 1105, in return for specific individual or organization accountability to achieve 


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a performance goal. In preparing and submitting the performance 

plan under øsection 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 øone 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 øa subsequent 

year¿ for a subsequent 2-year period. After a waiver has been in effect for øthree¿ 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 

* * * * * * * 

§ 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); 


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(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 

* * * * * * * 

§ 2802. Strategic plans 

(a) No later than øSeptember 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 øfive 

years forward¿ six years forward from the fiscal year in which it 

is submitted, and shall be updated and revised øat 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 requireVerDate Mar 15 2010 06:45 Mar 22, 2014 Jkt 039006 PO 00000 Frm 00045 Fmt 6659 Sfmt 6601 E:\HR\OC\HR382P1.XXX HR382P1

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ments of subsection (a). A performance plan may not be submitted 

for a fiscal year not covered by a current strategic plan under this 

section. 

* * * * * * * 

§ 2803. Performance plans 

(a) The Postal Service shall prepare øan 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; øand¿ 

(6) describe the means to be used to verify and validate 

measured valuesø.¿; 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 


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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 payVerDate Mar 15 2010 06:45 Mar 22, 2014 Jkt 039006 PO 00000 Frm 00047 Fmt 6659 Sfmt 6601 E:\HR\OC\HR382P1.XXX HR382P1

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ments 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. 

Æ 


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