Biennial Budgeting and Enhanced Oversight Act of 2017

To establish biennial budgets for the United States Government. 1. Short title This Act may be cited as the Biennial Budgeting and Enhanced Oversight Act of 2017 I Congressional budget process 101. Purposes Paragraphs (1) and (2) of section 2 of the Congressional Budget and Impoundment Control Act of 1974 are amended to read as follows: (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; . 102. Definitions Section 3 of the Congressional Budget and Impoundment Control Act of 1974 is amended by adding at the end the following new paragraphs: (12) The term direct spending (13) The term biennium . 103. Revision of timetable Section 300 of the Congressional Budget Act of 1974 ( 2 U.S.C. 631 300. Timetable The timetable with respect to the congressional budget process for any Congress (beginning with the One Hundred Sixteenth 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. . 104. Biennial concurrent resolutions on the budget (a) Contents of resolution Section 301(a) of the Congressional Budget Act of 1974 ( 2 U.S.C. 632(a) (1) in the matter preceding paragraph (1), by— (A) striking April 15 of each year April 15 of each odd-numbered year (B) striking the fiscal year beginning on October 1 of such year the biennium beginning on October 1 of such year (C) striking the fiscal year beginning on October 1 of such year each fiscal year in such period (D) striking each of the 4 ensuing fiscal years each fiscal year in the next 2 bienniums (2) by striking paragraph (4) and inserting the following: (4) subtotals of new budget authority and outlays for nondefense discretionary spending, defense discretionary spending, Medicare, Medicaid and other health-related spending, other direct spending (excluding interest), and net interest; ; (3) in paragraph (6), by striking for the fiscal year for each fiscal year in the biennium (4) in paragraph (7), by striking for the fiscal year for each fiscal year in the biennium (b) Additional Matters in concurrent resolution Section 301(b) of the Congressional Budget Act of 1974 is amended— (1) by striking paragraph (1), and by striking paragraphs (6) through (9); (2) by redesignating paragraphs (2), (3), (4), and (5) as paragraphs (1), (2), (3), and (4), respectively; (3) in paragraph (2), as redesignated, by striking for such fiscal year for either fiscal year in such biennium (4) by striking paragraph (3), as redesignated, and inserting the following: (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); ; and (5) in paragraph (4), as redesignated, by striking the semicolon and inserting a period. (c) Views of other committees Section 301(d) of the Congressional Budget Act of 1974 ( 2 U.S.C. 632(d) Each committee of the Senate or the House of Representatives shall review the strategic plans, performance plans, and performance reports required under section 306 of title 5, United States Code, and sections 1115 and 1116 of title 31, United States Code, of all agencies under the jurisdiction of the committee. Each committee may provide its views on such plans or reports to the Committee on the Budget of the applicable House. (d) Hearings and report Section 301(e) of the Congressional Budget Act of 1974 ( 2 U.S.C. 632(e) (1) in paragraph (1)— (A) by striking fiscal year biennium (B) by inserting after the second sentence the following: On or before April 1 of each odd-numbered year, the Committee on the Budget of each House shall report to its House the concurrent resolution on the budget referred to in subsection (a) for the biennium beginning on October 1 of that year. (2) in paragraph (2)— (A) by redesignating subparagraphs (A), (B), (C), (D), (E), and (F) as subparagraphs (B), (C), (E), (F), (H), and (I), respectively; (B) before subparagraph (B) (as redesignated), by inserting the following new subparagraph: (A) new budget authority and outlays for each major functional category, based on allocations of the total levels set forth pursuant to subsection (a)(1); ; (C) in subparagraph (C) (as redesignated), by striking mandatory direct spending (D) after subparagraph (C) (as redesignated), by inserting the following new subparagraph: (D) total outlays, total Federal revenues, the surplus or deficit, and new budget authority and outlays for nondefense discretionary spending, defense discretionary spending, Medicare, Medicaid and other health-related spending, other direct spending (excluding interest), social security and other major functional categories, as appropriate, and net interest as set forth in such resolution as a percentage of the gross domestic product of the United States; ; and (E) after subparagraph (F) (as redesignated), by inserting the following new subparagraph: (G) if the concurrent resolution on the budget includes any allocation to a committee other than the Committee on Appropriations of levels in excess of current law levels, a justification for not subjecting any program, project, or activity (for which the allocation is made) to annual discretionary appropriations; ; and (3) in paragraph (3)— (A) (i) by redesignating subparagraphs (A) and (B) as subparagraphs (B) and (C), respectively; (ii) by striking subparagraphs (C) and (D); (iii) by redesignating subparagraph (E) as subparagraph (D); and (iv) by striking the period at the end of subparagraph (D), as redesignated, and inserting ; and (B) before subparagraph (B), as redesignated, by inserting the following new subparagraph: (A) new budget authority and outlays for each major functional category, based on allocations of the total levels set forth pursuant to subsection (a)(1); ; and (C) at the end, by adding the following new subparagraph: (E) set forth, if required by subsection (f), the calendar year in which, in the opinion of the Congress, the goals for reducing unemployment set forth in section 4(b) of the Employment Act of 1946 should be achieved. . (e) Goals for reducing unemployment Section 301(f) of the Congressional Budget Act of 1974 ( 2 U.S.C. 632(f) fiscal year biennium (f) Economic assumptions Section 301(g)(1) of the Congressional Budget Act of 1974 ( 2 U.S.C. 632(g)(1) for a fiscal year for a biennium (g) Section heading The section heading of section 301 of the Congressional Budget Act of 1974 is amended by striking annual biennial (h) Table of contents The item relating to section 301 in the table of contents set forth in section 1(b) of the Congressional Budget and Impoundment Control Act of 1974 is amended by striking Annual Biennial 105. Committee allocations Section 302 of the Congressional Budget Act of 1974 ( 2 U.S.C. 633 (1) in subsection (a)(1) by— (A) striking for the first fiscal year of the resolution, for each fiscal year in the biennium, (B) striking for that period of fiscal years for all fiscal years covered by the resolution (C) striking for the fiscal year of that resolution for each fiscal year in the biennium (2) in the first sentence of subsection (b), by striking subsection (a) subsection (a)(1) (3) in subsection (f)(1)— (A) by striking for a fiscal year for a biennium (B) by striking the first fiscal year either fiscal year of the biennium (C) in subparagraph (A), by striking as reported (4) in subsection (f)(2)(A), by— (A) striking first fiscal year each fiscal year of the biennium (B) striking the total of fiscal years the total of all fiscal years covered by the resolution (5) by striking subsection (g). 106. Multiyear authorizations of appropriations (a) In general Title III of the Congressional Budget Act of 1974 is amended by adding after section 315 the following new section: 316. Multiyear authorizations of appropriations (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 . (b) Conforming amendment The table of contents set forth in section 1(b) of the Congressional Budget and Impoundment Control Act of 1974 is amended by inserting after the item relating to section 315 the following new item: Sec. 316. Multiyear authorizations of appropriations. . 107. Additional amendments to the Congressional Budget Act of 1974 to effectuate biennial budgeting (a) Definitions Section 3 of the Congressional Budget and Impoundment Control Act of 1974, as amended, is further amended by adding at the end the following new paragraphs: (14) The term Medicare (15) The term Medicaid and other health-related spending (16) The term other direct spending . (b) Completion of House Committee action on appropriation bills Section 307 of the Congressional Budget Act of 1974 ( 2 U.S.C. 638 (1) by striking each year each odd-numbered year (2) by striking annual biennial (3) by striking fiscal year biennium (4) by striking that year each odd-numbered year (c) Completion of House action on regular appropriation bills Section 309 of the Congressional Budget Act of 1974 ( 2 U.S.C. 640 (1) by inserting of any odd-numbered calendar year July (2) by striking annual biennial (3) by striking fiscal year biennium (d) Reconciliation process Section 310 of the Congressional Budget Act of 1974 ( 2 U.S.C. 641 (1) in subsection (a), in the matter preceding paragraph (1), by striking any fiscal year any biennium (2) in subsection (a)(1), by striking such fiscal year any fiscal year covered by such resolution (3) by striking subsection (f) and redesignating subsection (g) as subsection (f). (e) Section 311 (1) In the House of Representatives Section 311(a)(1) of the Congressional Budget Act of 1974 ( 2 U.S.C. 642(a) (A) by striking for a fiscal year for a biennium (B) by striking the first fiscal year either fiscal year of the biennium (C) by striking that first fiscal year each fiscal year in the biennium (2) In the Senate Section 311(a)(2) of the Congressional Budget Act of 1974 is amended— (A) in subparagraph (A), by striking for the first fiscal year for either fiscal year of the biennium (B) in subparagraph (B)— (i) by striking that first fiscal year each fiscal year in the biennium (ii) by striking that first fiscal year and the ensuing fiscal years all fiscal years (3) Social security levels Section 311(a)(3) of the Congressional Budget Act of 1974 is amended by— (A) striking for the first fiscal year each fiscal year in the biennium (B) striking that fiscal year and the ensuing fiscal years all fiscal years (4) Exception Section 311(c) of the Congressional Budget Act of 1974 is amended by inserting with respect to new budget authority or outlays shall not apply (f) Maximum deficit amount point of order Section 312(c) of the Congressional Budget Act of 1974 ( 2 U.S.C. 643 (1) by striking for a fiscal year for a biennium (2) in paragraph (1), by striking first fiscal year either fiscal year in the biennium (3) in paragraph (2), by striking that fiscal year either fiscal year in the biennium (4) in the matter following paragraph (2), by striking that fiscal year the applicable fiscal year II Conforming amendments to the Rules of the House of Representatives and the Congressional Budget Act of 1974 201. Amendments to the Rules of the House of Representatives to effectuate biennial budgeting (a) Clause 2(a) of rule XXI of the Rules of the House of Representatives is amended by adding at the end the following new subparagraph: (3) (A) Except as provided by subdivision (B), an appropriation may not be reported in a general appropriation bill (other than a supplemental appropriation bill), and may not be in order as an amendment thereto, unless it provides new budget authority or establishes a level of obligations under contract authority for each fiscal year of a biennium. (B) Subdivision (A) does not apply with respect to an appropriation for a single fiscal year for any program, project, or activity if the bill or amendment thereto containing that appropriation includes a provision expressly stating the following: Congress finds that no additional funding beyond one fiscal year will be required and the [Insert name of applicable program, project, or activity] will be completed or terminated after the amount provided has been expended. (C) For purposes of paragraph (b), the statement set forth in subdivision (B) with respect to an appropriation for a single fiscal year for any program, project, or activity may be included in a general appropriation bill or amendment thereto. . (b) Clause 4(a)(1)(A) of rule X of the Rules of the House of Representatives is amended by inserting odd-numbered each (c) Clause 4(a)(4) of rule X of the Rules of the House of Representatives is amended by striking fiscal year biennium (d) Clause 4(b)(2) of rule X of the Rules of the House of Representatives is amended by striking each fiscal year the biennium (e) Clause 4(b) of rule X of the Rules of the House of Representatives is amended by striking and ; and (7) use the second session of each Congress to study issues with long-term budgetary and economic implications. . (f) Clause 4(e) of rule X of the Rules of the House of Representatives is amended by striking annually biennially annual biennial (g) Clause 4(f) of rule X of the Rules of the House of Representatives is amended— (1) by inserting during each odd-numbered year the submission of the budget by the President (2) by striking fiscal year biennium (3) by striking that fiscal year each fiscal year in such ensuing biennium (h) Clause 5(b)(1) of rule XXII of the House of Representatives is amended by striking or (c) or (3) or 2(c) (i) Clause 11(i) of rule X of the Rules of the House of Representatives is amended by striking during the same or preceding fiscal year (j) Clause 3(d)(2)(A) of rule XIII of the Rules of the House of Representatives is amended by striking five six (k) Clause 5(a)(1) of rule XIII of the Rules of the House of Representatives is amended by striking fiscal year after September 15 in the preceding fiscal year biennium after September 15 of the calendar year in which such biennium begins 202. Conforming amendments to the Congressional Budget Act of 1974 (a) Section 202( e Section 202(e)(1)(C) of the Congressional Budget Act of 1974 is amended by striking (b)(2)(A) and for excise taxes assumed to be extended under section 257(b)(2)(C) (b) Section 302( f Section 302(f)(1) of the Congressional Budget Act of 1974 is amended by inserting or outlays new budget authority (c) Section 308( a Section 308(a)(3)(C) of the Congressional Budget Act of 1974 is repealed. (d) Section 308( d Section 308(d) of the Congressional Budget Act of 1974 is amended by striking 252(d)(5) 252(c) III Conforming amendments to titles 1, 5, 31, and 39, United States Code 301. Two-year appropriations; title and style of appropriation Acts Section 105 of title 1, United States Code, is amended to read as follows: 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 2 U.S.C. 622(13) . 302. Amendments to title 31 (a) Definition Section 1101 of title 31, United States Code, is amended by adding at the end the following new paragraph: (3) biennium 2 U.S.C. 622(12) . (b) Budget contents and submission to the Congress (1) Schedule The matter preceding paragraph (1) in section 1105(a) of title 31, United States Code, is amended to read as follows: (a) On or before the first Tuesday in February of each odd-numbered year, beginning with the One Hundred Sixteenth 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: . (2) Expenditures Section 1105(a)(5) of title 31, United States Code, is amended by striking the fiscal year for which the budget is submitted and the 4 fiscal years after that year each fiscal year in the biennium for which the budget is submitted and in the succeeding 4 years (3) Receipts Section 1105(a)(6) of title 31, United States Code, is amended by striking the fiscal year for which the budget is submitted and the 4 fiscal years after that year each fiscal year in the biennium for which the budget is submitted and in the succeeding 4 years (4) Balance statements Section 1105(a)(9)(C) of title 31, United States Code, is amended by striking the fiscal year each fiscal year in the biennium (5) Government functions and activities Section 1105(a)(12) of title 31, United States Code, is amended in subparagraph (A), by striking the fiscal year each fiscal year in the biennium (6) Allowances Section 1105(a)(13) of title 31, United States Code, is amended by striking the fiscal year each fiscal year in the biennium (7) Allowances for unanticipated and uncontrollable expenditures Section 1105(a)(14) of title 31, United States Code, is amended by striking that year each fiscal year in the biennium for which the budget is submitted (8) Tax expenditures Section 1105(a)(16) of title 31, United States Code, is amended by striking the fiscal year each fiscal year in the biennium (9) Estimates for future years Section 1105(a)(17) of title 31, United States Code, is amended— (A) by striking the fiscal year following the fiscal year each fiscal year in the biennium following the biennium (B) by striking that following fiscal year each such fiscal year (C) by striking fiscal year before the fiscal year biennium before the biennium (10) Prior year outlays Section 1105(a)(18) of title 31, United States Code, is amended— (A) by striking the prior fiscal year each of the 2 most recently completed fiscal years (B) by striking for that year with respect to those fiscal years (C) by striking in that year in those fiscal years (11) Budget contents and submission to Congress Section 1105(a)(28) of title 31, United States Code, is amended by striking beginning with fiscal year 1999, a beginning with fiscal year 2019, a biennial (12) Information supporting biennial budgets Section 1105(a) of title 31, United States Code, is amended by redesignating the second paragraph (37) as paragraph (39) and by adding at the end the following new paragraphs: (40) Totals of new budget authority and outlays. (41) Total Federal revenues and the amount, if any, by which the aggregate level of Federal revenues should be increased or decreased by bills and resolutions to be reported by the appropriate committees. (42) The surplus or deficit in the budget. (43) Subtotals of new budget authority and outlays for nondefense discretionary spending, defense discretionary spending, direct spending (excluding interest), contingencies, and net interest. (44) The public debt. . (c) Estimated expenditures of legislative and judicial branches Section 1105(b) of title 31, United States Code, is amended by striking each year each even-numbered year (d) Recommendations To meet estimated deficiencies Section 1105(c) of title 31, United States Code, is amended— (1) by striking the fiscal year for each fiscal year in the biennium for (2) by striking the fiscal year for each fiscal year of the biennium, as the case may be, (3) by striking that year for each year of the biennium (e) Additional outyear data Section 1105(d) of title 31, United States Code, is amended by inserting (1) (d) (2) Each budget submission shall include a budget message and summary and supporting information and, as a separately delineated statement, the levels required 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. . (f) Capital investment analysis Section 1105(e)(1) of title 31, United States Code, is amended by striking ensuing fiscal year biennium to which such budget relates (g) Supplemental budget estimates and changes (1) In general Section 1106(a) of title 31, United States Code, is amended— (A) in the matter preceding paragraph (1), by— (i) inserting and before February 1 of each even-numbered year Before July 16 of each year (ii) striking fiscal year biennium (B) in paragraph (1), by striking that fiscal year each fiscal year in such biennium (C) in paragraph (2), by striking 4 fiscal years following the fiscal year at least 4 fiscal years following the biennium (D) in paragraph (3), by striking fiscal year biennium (2) Changes Section 1106(b) of title 31, United States Code, is amended by— (A) striking the fiscal year each fiscal year in the biennium (B) inserting and before February 15 of each even-numbered year Before July 16 of each year (h) Current programs, projects, and activities estimates (1) The President Section 1109(a) of title 31, United States Code, is amended— (A) by striking On or before the first Monday after January 3 of each year (on or before February 5 in 1986) At the same time the budget required by section 1105 is submitted for a biennium (B) by striking the following fiscal year each fiscal year of such period (2) Joint economic committee Section 1109(b) of title 31, United States Code, is amended by striking before March 1 of each year within 6 weeks of the President’s budget submission for each odd-numbered year (i) Year-Ahead requests for authorizing legislation Section 1110 of title 31, United States Code, is amended by— (1) striking May 16 March 31 (2) striking year before the year in which the fiscal year begins calendar year preceding the calendar year in which the biennium begins (j) Performance plans Section 1115 of title 31, United States Code, is amended— (1) in subsection (a)— (A) in the matter before paragraph (1) by striking an annual a biennial (B) in paragraph (1) by inserting after program activity for both years 1 and 2 of the biennial plan (C) in paragraph (5) by striking and (D) in paragraph (6) by striking the period and inserting a semicolon; and inserting and (E) by adding after paragraph (6) the following: (7) cover each fiscal year of the biennium beginning with the first fiscal year of the next biennial budget cycle. ; (2) in subsection (d) by striking annual biennial (3) in paragraph (6) of subsection (f) by striking annual biennial (k) Pilot projects for performance budgeting Section 1119 of title 31, United States Code, is amended— (1) in paragraph (1) of subsection (d), by striking annual biennial (2) in subsection (e), by striking annual biennial (l) Managerial accountability and flexibility Section 9703 of title 31, United States Code, relating to managerial accountability, is amended— (1) in subsection (a)— (A) in the first sentence by striking Beginning with fiscal year 1999, the Beginning with fiscal year 2018, the biennial annual (B) by striking section 1105(a)(29) section 1105(a)(28) (2) in subsection (e)— (A) in the first sentence by striking one or years (B) in the second sentence by striking a subsequent year for a subsequent 2-year period (C) in the third sentence by striking three four 303. Government strategic and performance plans on a biennial basis (a) Strategic plans (1) Section 306 of title 5, United States Code, is amended— (A) in subsection (a), by striking September 30, 1997 September 30, 2018 (B) in subsection (b)— (i) by striking at least every three years at least every 4 years (ii) by striking five years forward six years forward (C) in subsection (c), by inserting a comma after section including a strategic plan submitted by September 30, 2018, meeting the requirements of subsection (a) (2) Section 2802 of title 39, United States Code, is amended— (A) in subsection (a), by striking September 30, 1997 September 30, 2018 (B) in subsection (b), by— (i) striking five years forward six years forward (ii) striking at least every three years at least every 4 years (C) in subsection (c), by inserting , including a strategic plan submitted by September 30, 2018, meeting the requirements of subsection (a) (b) Performance plans Section 2803(a) of title 39, United States Code, is amended— (1) in the matter before paragraph (1), by striking an annual a biennial (2) in paragraph (1), by inserting after program activity for both years 1 and 2 of the biennial plan (3) in paragraph (5), by striking and (4) in paragraph (6), by striking the period and inserting ; and (5) by adding after paragraph (6) the following: (7) cover each fiscal year of the biennium beginning with the first fiscal year of the next biennial budget cycle. . IV Effective Date 401. Effective date (a) In general Except as provided by subsection (b), the amendments made by this Act shall take effect immediately before noon January 3, 2019. (b) Exception The amendments made by section 303 shall take effect on September 30, 2018.

Summary: Biennial Budgeting and Enhanced Oversight Act of 2017 This bill amends the Congressional Budget Act of 1974, the Congressional Budget Impoundment and Control Act of 1974, and the Rules of the House of Representatives to change the process for the President's budget submission, congressional budget resolutions, appropriations bills, and government strategic and performance plans from the current annual process to a biennial process, in which a biennium is the two consecutive fiscal years beginning on October 1 of any odd-numbered year. The House Budget Committee must use the second session of each Congress to study issues with long-term budgetary and economic implications. The bill creates a point of order in the House and Senate against authorizations of appropriations that do not include specific authorizations covering at least each fiscal year in one or more bienniums.