Biennial Budgeting and Appropriations Act

Bill: 118-s-3208
Sponsor: full_name: Sen. Shaheen, Jeanne [D-NH]
Introduced: 2023-11-02
Policy area: Economics and Public Finance
Latest action: action_date: 2023-11-02
text: Read twice and referred to the Committee on the Budget.

Summaries:

tv_txt: II 118th CONGRESS 1st Session S. 3208 IN THE SENATE OF THE UNITED STATES November 2, 2023 Mrs. Shaheen (for herself, Mr. Braun , Mr. Carper , Mr. Grassley , Ms. Hassan , Mrs. Blackburn , Mr. Kaine , Mr. Barrasso , Ms. Klobuchar , Mr. Schmitt , Mr. Manchin , Mr. Cramer , and Ms. Lummis ) introduced the following bill; which was read twice and referred to the Committee on the Budget A BILL To provide for a biennial budget process and a biennial appropriations process and to enhance oversight and the performance of the Federal Government.

1. Short title This Act may be cited as the Biennial Budgeting and Appropriations Act . 2. Revision of timetable Section 300 of the Congressional Budget Act of 1974 ( 2 U.S.C. 631 ) is amended to read as follows: 300. Timetable (a) In General Except as provided by subsection (b), the timetable with respect to the congressional budget process for any Congress (beginning with the One Hundred Nineteenth 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. May 15 Congress completes action on concurrent resolution on the biennial budget. May 15 Biennial appropriation bills may be considered in the House. June 10 House Appropriations Committee reports last biennial appropriation bill. June 30 House completes action on biennial appropriation bills. August 1 Congress completes action on reconciliation legislation. October 1 Biennium begins. Second Session On or before: Action to be completed: February 15 President submits budget review. Not later than 6 weeks after President submits budget review Congressional Budget Office submits report to Budget Committees. The last day of the session Congress completes action on bills and resolutions authorizing new budget authority for the succeeding biennium. (b) Special Rule In the case of any first session of Congress that begins in any year immediately following a leap year and during which the term of a President (except a President who succeeds himself or herself) begins, the following dates shall supersede those set forth in subsection (a): First Session On or before: Action to be completed: First Monday in April President submits budget recommendations. April 20 Committees submit views and estimates to Budget Committees. May 15 Budget Committees report concurrent resolution on the biennial budget. June 1 Congress completes action on concurrent resolution on the biennial budget. July 1 Biennial appropriation bills may be considered in the House. July 20 House completes action on biennial appropriation bills. August 1 Congress completes action on reconciliation legislation. October 1 Biennium begins. . 3. Amendments to the Congressional Budget and Impoundment Control Act of 1974 (a) Declaration of Purpose Section 2(2) of the Congressional Budget and Impoundment Control Act of 1974 ( 2 U.S.C. 621(2) ) is amended by striking each year and inserting biennially . (b) Definitions (1) Budget resolution Section 3(4) of such Act ( 2 U.S.C. 622(4) ) is amended by striking fiscal year each place it appears and inserting biennium . (2) Biennium Section 3 of such Act ( 2 U.S.C. 622 ) is further amended by adding at the end the following new paragraph: (12) The term biennium means the period of 2 consecutive fiscal years beginning on October 1 of any odd-numbered year. . (c) Biennial Concurrent Resolution on the Budget (1) Section heading The section heading of section 301 of such Act ( 2 U.S.C. 632 ) is amended by striking Annual and inserting Biennial . (2) Contents of resolution Section 301(a) of such Act ( 2 U.S.C. 632(a) ) is amended— (A) in the matter preceding paragraph (1) by— (i) striking April 15 of each year and inserting May 15 of each odd-numbered year ; (ii) striking the fiscal year beginning on October 1 of such year the first place it appears and inserting the biennium beginning on October 1 of such year ; and (iii) striking the fiscal year beginning on October 1 of such year the second place it appears and inserting each fiscal year in such period ; (B) in paragraph (6), by striking for the fiscal year and inserting for each fiscal year in the biennium ; and (C) in paragraph (7), by striking for the fiscal year and inserting for each fiscal year in the biennium . (3) Additional matters Section 301(b)(3) of such Act ( 2 U.S.C. 632(b)(3) ) is amended by striking for such fiscal year and inserting for either fiscal year in such biennium . (4) Views of other committees Section 301(d) of such Act ( 2 U.S.C. 632(d) ) is amended by inserting (or, if applicable, as provided by section 300(b)) after United States Code . (5) Hearings Section 301(e)(1) of such Act ( 2 U.S.C. 632(e)(1) ) is amended by— (A) striking fiscal year and inserting biennium ; and (B) inserting after the second sentence the following: On or before April 1 of each odd-numbered year (or, if applicable, as provided by section 300(b)), 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. . (6) Goals for reducing unemployment Section 301(f) of such Act ( 2 U.S.C. 632(f) ) is amended by striking fiscal year each place it appears and inserting biennium . (7) Economic assumptions Section 301(g)(1) of such Act ( 2 U.S.C. 632(g)(1) ) is amended by striking for a fiscal year and inserting for a biennium . (8) Table of contents The table of contents set forth in section 1(b) of such Act is amended by striking the item relating to section 301 and inserting the following: Sec. 301. Biennial adoption of concurrent resolution on the budget. . (d) Committee Allocations Section 302 of such Act ( 2 U.S.C. 633 ) is amended— (1) in subsection (a)— (A) in paragraph (1), by— (i) striking for the first fiscal year of the resolution, and inserting for each fiscal year in the biennium, ; (ii) striking for that period of fiscal years and inserting for all fiscal years covered by the resolution ; and (iii) striking for the fiscal year of that resolution and inserting for each fiscal year in the biennium ; and (B) in paragraph (5)(A), by striking April 15 and inserting May 15 or June 1 (under section 300(b)) ; (2) in subsection (b), by striking budget year and inserting biennium ; (3) in subsection (c) by striking for a fiscal year each place it appears and inserting for each fiscal year in the biennium ; (4) in subsection (f)— (A) in paragraph (1)— (i) in the matter preceding subparagraph (A), by striking for a fiscal year and inserting for a biennium ; and (ii) in matter following subparagraph (C), by striking the first fiscal year and inserting each fiscal year of the biennium ; and (B) in paragraph (2)(A)— (i) by striking the first fiscal year and inserting each fiscal year of the biennium ; and (ii) by striking the total of fiscal years and inserting the total of all fiscal years covered by the resolution ; and (5) in subsection (g)(1)(A), by striking April and inserting May . (e) Section 303 Point of Order (1) In general Section 303(a) of such Act ( 2 U.S.C. 634(a) ) is amended by— (A) striking for a fiscal year and inserting for a biennium ; (B) striking the first fiscal year and inserting each fiscal year of the biennium ; and (C) striking that fiscal year each place it appears and inserting that biennium . (2) Exceptions in the house Section 303(b)(1) of such Act ( 2 U.S.C. 634(b)(1) ) is amended— (A) in subparagraph (A), by striking the budget year and inserting the biennium ; and (B) in subparagraph (B), by striking the fiscal year and inserting the biennium . (3) Application to the senate Section 303(c)(1) of such Act ( 2 U.S.C. 634(c)(1) ) is amended by— (A) striking fiscal year and inserting biennium ; and (B) striking that year and inserting each fiscal year of that biennium . (f) Permissible Revisions of Concurrent Resolutions on the Budget Section 304 of such Act ( 2 U.S.C. 635 ) is amended— (1) by striking fiscal year the first two places it appears and inserting biennium ; (2) by striking for such fiscal year and inserting for such biennium ; and (3) by inserting Any concurrent resolution that revises or reaffirms the most recently agreed to concurrent resolution on the budget shall be considered under the procedures set forth in section 305. after to. . (g) Procedures for Consideration of Budget Resolutions Section 305 of such Act ( 2 U.S.C. 636 ) is amended— (1) in subsection (a)(3), by striking fiscal year and inserting biennium ; and (2) in subsection (b)(3), by striking fiscal year and inserting biennium . (h) Completion of House Action on Appropriation Bills Section 307 of such Act ( 2 U.S.C. 638 ) is amended— (1) by striking each year and inserting each odd-numbered year ; (2) by striking annual and inserting biennial ; (3) by striking fiscal year and inserting biennium ; and (4) by striking that year and inserting that odd-numbered year . (i) Completion of Action on Regular Appropriation Bills Section 309 of such Act ( 2 U.S.C. 640 ) is amended— (1) by inserting of any odd-numbered year after July ; (2) by striking annual and inserting biennial ; (3) by striking fiscal year and inserting biennium ; and (4) by striking such year and inserting such odd-numbered year . (j) Reconciliation Process Section 310(a) of such Act ( 2 U.S.C. 641(a) ) is amended— (1) in the matter preceding paragraph (1), by striking A concurrent and all that follows through shall and inserting A concurrent resolution on the budget for a biennium may, for each fiscal year of the biennium ; and (2) in paragraph (1)— (A) in subparagraph (A), by striking for such fiscal year and inserting for each fiscal year of the biennium ; (B) in subparagraph (C), by striking such fiscal year and inserting each fiscal year of the biennium ; and (C) in subparagraph (D), by striking such fiscal year and inserting each fiscal year of the biennium . (k) Section 311 Point of Order (1) In the house Section 311(a)(1) of such Act ( 2 U.S.C. 642(a)(1) ) is amended— (A) by striking for a fiscal year and inserting for a biennium ; (B) by striking the first fiscal year each place it appears and inserting either fiscal year of the biennium ; and (C) by striking that first fiscal year and inserting each fiscal year in the biennium . (2) In the senate Section 311(a)(2) of such Act ( 2 U.S.C. 642(a)(2) ) is amended— (A) in subparagraph (A), by striking for the first fiscal year and inserting for either fiscal year of the biennium ; and (B) in subparagraph (B)— (i) by striking that first fiscal year the first place it appears and inserting either fiscal year in the biennium ; and (ii) by striking that first fiscal year and the ensuing fiscal years and inserting all fiscal years . (3) Social security levels Section 311(a)(3) of such Act ( 2 U.S.C. 642(a)(3) ) is amended by— (A) striking for the first fiscal year and inserting each fiscal year in the biennium ; and (B) striking that fiscal year and the ensuing fiscal years and inserting all fiscal years . (l) MDA Point of Order Section 312(c) of such Act ( 2 U.S.C. 643(c) ) is amended— (1) by striking for a fiscal year and inserting for a biennium ; (2) in paragraph (1), by striking the first fiscal year and inserting either fiscal year in the biennium ; (3) in paragraph (2), by striking that fiscal year and inserting either fiscal year in the biennium ; and (4) in the matter following paragraph (2), by striking that fiscal year and inserting the applicable fiscal year . 4. Amendments to title 31 , United States Code (a) Definition Section 1101 of title 31, United States Code, is amended by adding at the end the following: (3) biennium has the meaning given that term in paragraph (12) of section 3 of the Congressional Budget and Impoundment Control Act of 1974 ( 2 U.S.C. 622 ). . (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 Monday in February of each odd-numbered year (or, if applicable, as provided by section 300(b) of the Congressional Budget Act of 1974), beginning with the One Hundred Nineteenth Congress, the President shall transmit to the Congress, the budget for the biennium beginning on October 1 of such calendar year. The budget of the United States Government transmitted under this subsection shall include a budget message and summary and supporting information. The President shall include in each budget 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 and inserting each fiscal year in the biennium for which the budget is submitted and in the succeeding 4 fiscal 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 and inserting 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 and inserting each fiscal year in the biennium . (5) Functions and activities Section 1105(a)(12) of title 31, United States Code, is amended— (A) in subparagraph (A), by striking the fiscal year and inserting each fiscal year in the biennium ; and (B) in subparagraph (B), by striking after that year and inserting after that biennium . (6) Allowances Section 1105(a)(13) of title 31, United States Code, is amended by striking the fiscal year and inserting each fiscal year in the biennium . (7) Allowances for uncontrolled expenditures Section 1105(a)(14) of title 31, United States Code, is amended by striking that year and inserting each fiscal year in the biennium for which the budget is submitted . (8) Tax expenditures Section 1105(a)(16) of title 31, United States Code, is amended by striking the fiscal year and inserting each fiscal year in the biennium . (9) Future years Section 1105(a)(17) of title 31, United States Code, is amended— (A) by striking the fiscal year following the fiscal year and inserting each fiscal year in the biennium following the biennium ; (B) by striking that following fiscal year and inserting each such fiscal year ; and (C) by striking fiscal year before the fiscal year and inserting 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 and inserting each of the two most recently completed fiscal years, ; (B) by striking for that year and inserting with respect to those fiscal years ; and (C) by striking in that year and inserting in those fiscal years . (11) Prior year receipts Section 1105(a)(19) of title 31, United States Code, is amended— (A) by striking the prior fiscal year and inserting each of the two most recently completed fiscal years ; (B) by striking for that year and inserting with respect to those fiscal years ; and (C) by striking in that year each place it appears and inserting in those fiscal years . (12) Homeland security Section 1105(a)(35)(A)(i) of title 31, United States Code, is amended in the matter preceding subclause (I), by striking the fiscal years for which the budget is submitted and inserting each fiscal year in the biennium for which the budget is submitted . (13) EESA Section 1105(a)(36) of title 31, United States Code, is amended in the matter preceding subparagraph (A), by striking the fiscal year for which the budget is submitted and inserting each fiscal year in the biennium for which the budget is submitted . (14) Veterans health Section 1105(a)(37) of title 31, United States Code, is amended by striking the fiscal year for which the budget is submitted and inserting each fiscal year in the biennium for which the budget is submitted . (c) Estimated Expenditures of Legislative and Judicial Branches Section 1105(b) of title 31, United States Code, is amended by striking each year and inserting each even-numbered year . (d) Recommendations To Meet Estimated Deficiencies Section 1105(c) of title 31, United States Code, is amended— (1) by striking the fiscal year for the first place it appears and inserting each fiscal year in the biennium for ; (2) by striking the fiscal year for the second place it appears and inserting each fiscal year of the biennium, as the case may be, for ; and (3) by striking for that year and inserting for each fiscal year of the biennium . (e) Capital Investment Analysis Section 1105(e)(1) of title 31, United States Code, is amended by striking ensuing fiscal year and inserting biennium to which such budget relates . (f) Preparation of budget Section 1105(f) of title 31, United States Code, is amended— (1) by striking for a fiscal year and inserting for a biennium ; and (2) by striking that and subsequent and inserting each fiscal year in such biennium and subsequent . (g) Budget justifications (1) Title 31 Section 1105(i)(1) of title 31, United States Code, is amended, in the matter preceding subparagraph (A), by striking for each fiscal year and inserting for each biennium . (2) FFATA Section 3(b)(2)(A)(i) of the Federal Funding Accountability and Transparency Act of 2006 ( 31 U.S.C. 6101 note) is amended by striking annual and inserting biennial . (h) 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 after Before July 16 of each year the following: and February 15 of each even-numbered year ; and (ii) striking fiscal year and inserting biennium ; (B) in paragraph (1), by striking that fiscal year and inserting each fiscal year in such biennium ; (C) in paragraph (2), by striking fiscal year and inserting biennium ; and (D) in paragraph (3), by striking fiscal year and inserting biennium . (2) Changes Section 1106(b) of title 31, United States Code, is amended by— (A) inserting after Before July 16 of each year the following: and February 15 of each even-numbered year ; (B) striking the fiscal year and inserting each fiscal year in the biennium ; and (C) striking submitted before July 16 and inserting required by this subsection . (i) Current Programs and Activities Estimates (1) In general 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) and inserting At the same time the budget required by section 1105 is submitted for a biennium ; and (B) by striking the following fiscal year and inserting each fiscal year of such biennium . (2) Joint economic committee Section 1109(b) of title 31, United States Code, is amended by striking before March 1 of each year and inserting within 6 weeks of the President’s budget submission for each odd-numbered year (or, if applicable, as provided by section 300(b) of the Congressional Budget Act of 1974) . (j) Year-Ahead Requests for Authorizing Legislation Section 1110 of title 31, United States Code, is amended by— (1) striking May 16 and inserting March 31 ; and (2) striking year before the year in which the fiscal year begins and inserting calendar year preceding the calendar year in which the biennium begins . 5. Two-year appropriations; title and style of appropriations Acts Section 105 of title 1, United States Code, is amended to read as follows: 105. Title and style of appropriations 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(12) of the Congressional Budget and Impoundment Control Act of 1974 ( 2 U.S.C. 622(12) ). . 6. Multiyear authorizations (a) In General Title III of the Congressional Budget Act of 1974 ( 2 U.S.C. 631 et seq. ) is amended by adding at the end the following: 316. Authorizations of appropriations (a) Point of Order It shall not be in order in the House of Representatives or the Senate to consider— (1) any bill, joint resolution, amendment, motion, amendment between the Houses, or conference report that authorizes appropriations for a period of less than 2 fiscal years, unless the program, project, or activity for which the appropriations are authorized will require no further appropriations and will be completed or terminated after the appropriations have been expended; and (2) in any odd-numbered year, any authorization or revenue bill or joint resolution until Congress completes action on the biennial budget resolution, all regular biennial appropriations bills, and all reconciliation bills. (b) Applicability In the Senate, subsection (a) shall not apply to— (1) any measure that is privileged for consideration pursuant to a rule or statute; (2) any matter considered in Executive Session; or (3) an appropriations measure or reconciliation bill. . (b) Amendment to Table of Contents The table of contents 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: Sec. 316. Authorizations of appropriations. . 7. Government plans on a biennial basis (a) 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 annual ; and (B) by striking section 1105(a)(29) and inserting section 1105(a)(28) ; and (2) in subsection (e)— (A) in the first sentence by striking one or ; (B) in the second sentence by striking a subsequent year and inserting a subsequent 2-year period ; and (C) in the third sentence by striking three and inserting 4 . (b) Pilot Projects for Performance Budgeting Section 1119 of title 31, United States Code, is amended— (1) in subsection (d)(1), by striking annual and inserting biennial ; and (2) in subsection (e), by striking annual and inserting biennial . (c) Strategic Plans Section 2802 of title 39, United States Code, is amended— (1) in subsection (a), by striking September 30, 1997 and inserting September 30, 2025 ; (2) in subsection (b)— (A) by striking five years forward and inserting 6 years forward ; and (B) by striking at least every three years and inserting at least every 4 years ; and (3) in subsection (c), by striking section the second place it appears and inserting section, including a strategic plan submitted by September 30, 2025, meeting the requirements of subsection (a) . (d) Performance Plans Section 2803(a) of title 39, United States Code, is amended— (1) in the matter preceding paragraph (1), by striking an annual and inserting a biennial ; (2) in paragraph (1), by inserting for each fiscal year during the biennial period after program activity ; (3) in paragraph (5), by striking and after the semicolon; (4) in paragraph (6), by striking the period and inserting ; and ; and (5) by adding after paragraph (6) the following: (7) cover a 2-year period beginning with the first fiscal year of the next biennial budget cycle. . (e) Committee Views of Plans and Reports Section 301(d) of the Congressional Budget Act ( 2 U.S.C. 632(d) ) is amended by adding at the end 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. . (f) Effective Date (1) In general The amendments made by this section shall take effect on March 1, 2025. (2) Agency actions Effective on and after the date of enactment of this Act, each agency shall take such actions as necessary to prepare and submit any plan or report in accordance with the amendments made by this Act. 8. Biennial appropriations bills (a) In General Title III of the Congressional Budget Act of 1974 ( 2 U.S.C. 631 et seq. ), as amended by section 6(a), is amended by adding at the end the following: 317. Consideration of biennial appropriations bills It shall not be in order in the House of Representatives or the Senate in any odd-numbered year to consider any regular bill providing new budget authority or a limitation on obligations under the jurisdiction of any of the subcommittees of the Committees on Appropriations for only the first fiscal year of a biennium, unless the program, project, or activity for which the new budget authority or obligation limitation is provided will require no additional authority beyond 1 year and will be completed or terminated after the amount provided has been expended. . (b) Amendment to Table of Contents The table of contents in section 1(b) of the Congressional Budget and Impoundment Control Act of 1974 is amended by inserting after the item relating to section 316, as added by section 6(b) the following: Sec. 317. Consideration of biennial appropriations bills. . 9. Report on two-year fiscal period Not later than 180 days after the date of enactment of this Act, the Director of the Office of Management and Budget shall— (1) determine the impact and feasibility of changing the definition of a fiscal year and the budget process based on that definition to a 2-year fiscal period with a biennial budget process based on the 2-year period; and (2) report the findings of the study to the Committee on the Budget of the House of Representatives and the Committee on the Budget of the Senate. 10. Effective date Except as provided in sections 7 and 9, this Act and the amendments made by this Act shall take effect on January 1, 2025, and shall apply to budget resolutions and appropriations for the biennium beginning with fiscal year 2026.