109th CONGRESS
2d Session
H. R. 6201
To provide a biennial budget for the United States Government and
to reform earmarking in the Congress.
IN THE HOUSE OF REPRESENTATIVES
September 27, 2006
Mr. BILBRAY (for himself and Mr. PETERSON of Minnesota) introduced the
following bill; which was referred to the Committee on the Budget, and in
addition to the Committees on Rules and Government Reform, for a period
to be subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee concerned
A BILL
To provide a biennial budget for the United States Government and
to reform earmarking in the Congress.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE.
(a) SHORT TITLE- This Act may be cited as the `Budget and Transparency Act'.
TITLE I--BIENNIAL BUDGETING
Sec. 101. Revision of timetable.
Sec. 102. Amendments to the Congressional Budget and Impoundment Control
Act of 1974.
Sec. 103. Amendments to rules of House of Representatives.
Sec. 104. Amendments to title 31, United States code.
Sec. 105. Two-year appropriations; title and style of appropriations acts.
Sec. 106. Multiyear authorizations.
Sec. 107. Government strategic and performance plans on a biennial basis.
Sec. 108. Biennial appropriation bills.
Sec. 109. Assistance by Federal agencies to standing committees of the
Senate and the House of Representatives.
Sec. 110. Report on two-year fiscal period.
Sec. 111. Special transition period for the 110th Congress.
Sec. 112. Effective date.
TITLE II--EARMARK REFORM
Sec. 201. Prohibition of earmarks or tax earmarks in committee reports
or joint Statements; identification of earmarks and sponsors required.
Sec. 202. Identification of tax earmarks and sponsors required.
Sec. 203. Out of scope earmarks or tax earmarks in conference reports.
TITLE I--BIENNIAL BUDGETING
SEC. 101. REVISION OF TIMETABLE.
Section 300 of the Congressional Budget Act of 1974 (2 U.S.C. 631) is amended
to read as follows:
`TIMETABLE
`SEC. 300. (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 Eleventh Congress) is as follows:
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`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.
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.
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`(b) SPECIAL RULE- In the case of any first session of Congress that begins
in any year during which the term of a President (except a President who
succeeds himself) begins, the following dates shall supersede those set
forth in subsection (a):
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`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.
June 1 Biennial appropriation bills may be considered in the House.
July 1 House Appropriations Committee reports last biennial appropriation bill.
July 20 House completes action on biennial appropriation bills.
October 1 Biennium begins.'.
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SEC. 102. 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'.
(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 amended by adding
at the end the following new paragraph:
`(11) 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) 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'.
(2) ADDITIONAL MATTERS- Section 301(b) of such Act (2 U.S.C. 632(b)) is
amended--
(A) in paragraph (3), by striking `for such fiscal year' and inserting
`for either fiscal year in such biennium'; and
(B) in paragraph (7), by striking `for the first fiscal year' and inserting
`for each fiscal year in the biennium'.
(3) 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'.
(4) HEARINGS- Section 301(e)(1) of such Act (2 U.S.C. 632(e)) 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.'.
(5) 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'.
(6) 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'.
(7) SECTION HEADING- The section heading of section 301 of such Act is
amended by striking `annual' and inserting `biennial'.
(8) TABLE OF CONTENTS- The item relating to section 301 in the table of
contents set forth in section 1(b) of such Act is amended by striking
`Annual' and inserting `Biennial'.
(d) COMMITTEE ALLOCATIONS- Section 302 of such Act (2 U.S.C. 633) is amended--
(1) in subsection (a)(1) by--
(A) striking `for the first fiscal year of the resolution,' and inserting
`for each fiscal year in the biennium,';
(B) striking `for that period of fiscal years' and inserting `for all
fiscal years covered by the resolution'; and
(C) striking `for the fiscal year of that resolution' and inserting
`for each fiscal year in the biennium';
(2) in subsection (f)(1), by striking `for a fiscal year' and inserting
`for a biennium';
(3) in subsection (f)(1), by striking `first fiscal year' and inserting
`either fiscal year of the biennium';
(4) in subsection (f)(2)(A), by--
(A) striking `first fiscal year' and inserting `each fiscal year of
the biennium'; and
(B) 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 striking `for a fiscal year' and inserting `for a biennium' and by
striking `the first fiscal year' and inserting `each fiscal year of the
biennium'.
(2) EXCEPTIONS IN THE HOUSE- Section 303(b) of such Act (2 U.S.C. 634(b))
is amended--
(A) in paragraph (1)(A), by striking `the budget year' and inserting
`the biennium';
(B) in paragraph (1)(B), by striking `the fiscal year' and inserting
`the biennium'; and
(C) in paragraph (2), by inserting `(or June 1 whenever section 300(b)
is applicable)'.
(3) APPLICATION TO THE SENATE- Section 303(c)(1) of such Act (2 U.S.C.
634(c)) 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
(3) by inserting before the period `for such biennium'.
(g) PROCEDURES FOR CONSIDERATION OF BUDGET RESOLUTIONS- Section 305(a)(3)
of such Act (2 U.S.C. 636(b)(3)) is amended by striking `fiscal year' and
inserting `biennium'.
(h) COMPLETION OF HOUSE COMMITTEE 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 (or,
if applicable, as provided by section 300(b), July 1)';
(2) by striking `annual' and inserting `biennial';
(3) by striking `fiscal year' and inserting `biennium'; and
(4) by striking `that year' and inserting `each odd-numbered year'.
(i) QUARTERLY BUDGET REPORTS- Section 308 of such Act (2 U.S.C. 639) is
amended by adding at the end the following new subsection:
`(d) QUARTERLY BUDGET REPORTS- The Director of the Congressional Budget
Office shall, as soon as practicable after the completion of each quarter
of the fiscal year, prepare an analysis comparing revenues, spending, and
the deficit or surplus for the current fiscal year to assumptions included
in the congressional budget resolution. In preparing this report, the Director
of the Congressional Budget Office shall combine actual budget figures to
date with projected revenue and spending for the balance of the fiscal year.
The Director of the Congressional Budget Office shall include any other
information in this report that it deems useful for a full understanding
of the current fiscal position of the Federal Government. The reports mandated
by this subsection shall be transmitted by the Director to the Senate and
House Committees on the Budget, and the Congressional Budget Office shall
make such reports available to any interested party upon request.'.
(j) COMPLETION OF HOUSE ACTION ON REGULAR APPROPRIATION BILLS- Section 309
of such Act (2 U.S.C. 640) is amended--
(1) by striking `It' and inserting `Except whenever section 300(b) is
applicable, it';
(2) by inserting `of any odd-numbered calendar year' after `July';
(3) by striking `annual' and inserting `biennial'; and
(4) by striking `fiscal year' and inserting `biennium'.
(k) RECONCILIATION PROCESS- Section 310 of such Act (2 U.S.C. 641) is amended--
(1) in subsection (a), in the matter preceding paragraph (1), by striking
`any fiscal year' and inserting `any biennium';
(2) in subsection (a)(1), by striking `such fiscal year' each place it
appears and inserting `any fiscal year covered by such resolution'; and
(3) by striking subsection (f) and redesignating subsection (g) as subsection
(f).
(l) SECTION 311 POINT OF ORDER-
(1) IN THE HOUSE- Section 311(a)(1) of such Act (2 U.S.C. 642(a)) 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 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 `each 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 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'.
(m) MAXIMUM DEFICIT AMOUNT POINT OF ORDER- Section 312(c) of the Congressional
Budget Act of 1974 (2 U.S.C. 643) is amended--
(1) by striking `for a fiscal year' and inserting `for a biennium';
(2) in paragraph (1), by striking `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'.
SEC. 103. AMENDMENTS TO RULES OF HOUSE OF REPRESENTATIVES.
(a) Clause 4(a)(1)(A) of rule X of the Rules of the House of Representatives
is amended by inserting `odd-numbered' after `each'.
(b) Clause 4(a)(4) of rule X of the Rules of the House of Representatives
is amended by striking `fiscal year' and inserting `biennium'.
(c) Clause 4(b)(2) of rule X of the Rules of the House of Representatives
is amended by striking `each fiscal year' and inserting `the biennium'.
(d) Clause 4(b) of rule X of the Rules of the House of Representatives is
amended by striking `and' at the end of subparagraph (5), by striking the
period and inserting `; and' at the end of subparagraph (6), and by adding
at the end the following new subparagraph:
`(7) use the second session of each Congress to study issues with long-term
budgetary and economic implications, which would include--
`(A) hold hearings to receive testimony from committees of jurisdiction
to identify problem areas and to report on the results of oversight; and
`(B) by January 1 of each odd-number year, issuing a report to the Speaker
which identifies the key issues facing the Congress in the next biennium.'.
(e) Clause 11(i) of rule X of the Rules of the House of Representatives
is amended by striking `the same or preceding fiscal year'.
(f) Clause 4(e) of rule X of the Rules of the House of Representatives is
amended by striking `annually' each place it appears and inserting `biennially'
and by striking `annual' and inserting `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' after `submits his budget';
(2) by striking `fiscal year' the first place it appears and inserting
`biennium'; and
(3) by striking `that fiscal year' and inserting `each fiscal year in
such ensuing biennium'.
(h) Clause 3(d)(2)(A) of rule XIII of the Rules of the House of Representatives
is amended by striking `five' both places it appears and inserting `six'.
(i) 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' and inserting `biennium after September 15 of the year in which
such biennium begins'.
SEC. 104. AMENDMENTS TO TITLE 31, UNITED STATES CODE.
(a) DEFINITION- Section 1101 of title 31, United States Code, is amended
by adding at the end thereof the following new paragraph:
`(3) `biennium' has the meaning given to such term in paragraph (11) of
section 3 of the Congressional Budget and Impoundment Control Act of 1974
(2 U.S.C. 622(11)).'.
(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 Tenth 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 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 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) GOVERNMENT FUNCTIONS AND ACTIVITIES- Section 1105(a)(12) of title
31, United States Code, is amended in subparagraph (A), by striking `the
fiscal year' and inserting `each fiscal year in the biennium'.
(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 UNANTICIPATED AND UNCONTROLLABLE EXPENDITURES- Section
1105(a)(14) of title 31, United States Code, is amended by striking `that
year' and inserting `each fiscal year in the biennium for which the budget
is submitted'.
(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) 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' 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 2
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 2
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'.
(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,'; and
(3) by striking `that year' and inserting `for each 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) 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 15 of each even numbered year'
after `Before July 16 of each 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 `4 fiscal years following the fiscal
year' and inserting `4 fiscal years following the 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) striking `the fiscal year' and inserting `each fiscal year in the
biennium'; and
(B) inserting `and before February 15 of each even numbered year' after
`Before July 16 of each year'.
(g) CURRENT PROGRAMS 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)' 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 period'.
(2) JOINT ECONOMIC COMMITTEE- Section 1109(b) of title 31, United States
Code, is amended by striking `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)'.
(h) 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'.
SEC. 105. TWO-YEAR APPROPRIATIONS; TITLE AND STYLE OF APPROPRIATIONS ACTS.
Section 105 of title 1, United States Code, is amended to read as follows:
`Sec. 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(11) of the Congressional Budget and Impoundment Control
Act of 1974 (2 U.S.C. 622(11)).'.
SEC. 106. MULTIYEAR AUTHORIZATIONS.
(a) IN GENERAL- Title III of the Congressional Budget Act of 1974 is amended
by adding at the end the following new section:
`MULTIYEAR AUTHORIZATIONS OF APPROPRIATIONS
SEC. 316.(a) POINT OF ORDER- (1)(A) It shall not be in order in the House
of Representatives or the Senate to consider any measure that contains a
specific authorization of appropriations for any purpose unless the measure
includes such a specific authorization of appropriations for that purpose
for not less than each fiscal year in one or more bienniums.
`(B) For purposes of this paragraph, a specific 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) Paragraph (1) 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.'.
`(3) For purposes of this subsection, the term `measure' means a bill, joint
resolution, amendment, motion, or conference report'.
(b) AMENDMENT TO TABLE OF CONTENTS- The table of contents set forth in section
1(b) of the Congressional Budget and Impoundment Control Act of 1974 is
amended by adding after the item relating to section 315 the following new
item:
`Sec. 316. Multiyear authorizations of appropriations.'.
SEC. 107. GOVERNMENT STRATEGIC AND PERFORMANCE PLANS ON A BIENNIAL BASIS.
(a) STRATEGIC PLANS- Section 306 of title 5, United States Code, is amended--
(1) in subsection (a), by striking `September 30, 1997' and inserting
`September 30, 2008';
(A) by striking `at least every three years' and inserting `at least
every 4 years'; and
(B) by striking `five years forward' and inserting `six years forward';
and
(3) in subsection (c), by inserting a comma after `section' the second
place it appears and adding `including a strategic plan submitted by September
30, 2008, meeting the requirements of subsection (a)'.
(b) BUDGET CONTENTS AND SUBMISSION TO CONGRESS- Paragraph (28) of section
1105(a) of title 31, United States Code, is amended by striking `beginning
with fiscal year 1999, a' and inserting `beginning with fiscal year 2010,
a biennial'.
(c) PERFORMANCE PLANS- Section 1115 of title 31, United States Code, is
amended--
(A) in the matter before paragraph (1)--
(i) by striking `section 1105(a)(29)' and inserting `section 1105(a)(28)';
and
(ii) by striking `an annual' and inserting `a biennial';
(B) in paragraph (1) by inserting after `program activity' the following:
`for both years 1 and 2 of the biennial plan';
(C) in paragraph (5) by striking `and' after the semicolon,
(D) in paragraph (6) by striking the period and inserting a semicolon;
and inserting `and' after the inserted semicolon; 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' and inserting `biennial'; and
(3) in paragraph (6) of subsection (f) by striking `annual' and inserting
`biennial'.
(d) MANAGERIAL ACCOUNTABILITY AND FLEXIBILITY- Section 9703 of title 31,
United States Code, relating to managerial accountability, is amended--
(A) in the first sentence by striking `annual'; and
(B) by striking `section 1105(a)(29)' and inserting `section 1105(a)(28)';
(A) in the first sentence by striking `one or' before `years';
(B) in the second sentence by striking `a subsequent year' and inserting
`for a subsequent 2-year period'; and
(C) in the third sentence by striking `three' and inserting `four'.
(e) 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' and inserting
`biennial'; and
(2) in subsection (e), by striking `annual' and inserting `biennial'.
(f) 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, 2008';
(2) in subsection (b), by striking `at least every three years' and inserting
`at least every 4 years';
(3) by striking `five years forward' and inserting `six years forward';
and
(4) in subsection (c), by inserting a comma after `section' the second
place it appears and inserting `including a strategic plan submitted by
September 30, 2008, meeting the requirements of subsection (a)'.
(g) PERFORMANCE PLANS- Section 2803(a) of title 39, United States Code,
is amended--
(1) in the matter before paragraph (1), by striking `an annual' and inserting
`a biennial';
(2) in paragraph (1), by inserting after `program activity' the following:
`for both years 1 and 2 of the biennial plan';
(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 each fiscal year of the biennium beginning with the first fiscal
year of the next biennial budget cycle.'.
(h) 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.'.
(1) IN GENERAL- The amendments made by this section shall take effect
on March 1, 2009.
(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 it.
SEC. 108. BIENNIAL APPROPRIATION BILLS.
(a) IN THE HOUSE OF REPRESENTATIVES- (1) 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.'.
(2) Clause 5(b)(1) of rule XXII of the House of Representatives is amended
by striking `or (c)' and inserting `or (3) or 2(c)'.
(b) IN THE SENATE- (1) 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:
`CONSIDERATION OF BIENNIAL APPROPRIATION BILLS
`SEC. 317. It shall not be in order in the Senate in any odd-numbered year
to consider any regular appropriation bill providing new budget authority
or a limitation on obligations under the jurisdiction of the Committee 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 one year
and will be completed or terminated after the amount provided has been expended.'.
(2) The table of contents set forth in section 1(b) of the Congressional
Budget and Impoundment Control Act of 1974 is amended by adding after the
item relating to section 316 the following new item:
`Sec. 317. Consideration of biennial appropriation bills.'.
SEC. 109. ASSISTANCE BY FEDERAL AGENCIES TO STANDING COMMITTEES OF THE
SENATE AND THE HOUSE OF REPRESENTATIVES.
(a) INFORMATION REGARDING AGENCY APPROPRIATIONS REQUESTS- To assist each
standing committee of the House of Representatives and the Senate in carrying
out its responsibilities, the head of each Federal agency which administers
the laws or parts of laws under the jurisdiction of such committee shall
provide to such committee such studies, information, analyses, reports,
and assistance as may be requested by the chairman and ranking minority
member of the committee.
(b) INFORMATION REGARDING AGENCY PROGRAM ADMINISTRATION- To assist each
standing committee of the House of Representatives and the Senate in carrying
out its responsibilities, the head of any agency shall furnish to such committee
documentation, containing information received, compiled, or maintained
by the agency as part of the operation or administration of a program, or
specifically compiled pursuant to a request in support of a review of a
program, as may be requested by the chairman and ranking minority member
of such committee.
(c) SUMMARIES BY COMPTROLLER GENERAL- Within thirty days after the receipt
of a request from a chairman and ranking minority member of a standing committee
having jurisdiction over a program being reviewed and studied by such committee
under this section, the Comptroller General of the United States shall furnish
to such committee summaries of any audits or reviews of such program which
the Comptroller General has completed during the preceding six years.
(d) CONGRESSIONAL ASSISTANCE- Consistent with their duties and functions
under law, the Comptroller General of the United States, the Director of
the Congressional Budget Office, and the Director of the Congressional Research
Service shall continue to furnish (consistent with established protocols)
to each standing committee of the House of Representatives or the Senate
such information, studies, analyses, and reports as the chairman and ranking
minority member may request to assist the committee in conducting reviews
and studies of programs under this section.
SEC. 110. 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 Committees on the Budget of
the House of Representatives and the Senate and the Committee on Rules
of the House of Representatives.
SEC. 111. SPECIAL TRANSITION PERIOD FOR THE 110TH CONGRESS.
(a) PRESIDENT'S BUDGET SUBMISSION FOR FISCAL YEAR 2008- The budget submission
of the President pursuant to section 1105(a) of title 31, United States
Code, for fiscal year 2008 shall include the following:
(1) An identification of the budget accounts for which an appropriation
should be made for each fiscal year of the fiscal year 2008-2009 biennium.
(2) Budget authority that should be provided for each such fiscal year
for the budget accounts identified under paragraph (1).
(b) REVIEW AND RECOMMENDATIONS OF THE COMMITTEES ON APPROPRIATIONS- The
Committee on Appropriations of the House of Representatives and the Senate
shall review the items included pursuant to subsection (a) in the budget
submission of the President for fiscal year 2008 and include its recommendations
thereon in its views and estimates made under section 301(d) of the Congressional
Budget Act of 1974 within 6 weeks of that budget submission.
(c) ACTIONS BY THE COMMITTEES ON THE BUDGET- (1) The Committee on the Budget
of the House of Representatives and the Senate shall review the items included
pursuant to subsection (a) in the budget submission of the President for
fiscal year 2008 and the recommendations submitted by the Committee on Appropriations
of its House pursuant to subsection (b) included in its views and estimates
made under section 301(d) of the Congressional Budget Act of 1974.
(2) The report of the Committee on the Budget of each House accompanying
the concurrent resolution on the budget for fiscal year 2008 and the joint
explanatory statement of managers accompanying such resolution shall also
include allocations to the Committee on Appropriations of its House of total
new budget authority and total outlays (which shall be deemed to be made
pursuant to section 302(a) of the Congressional Budget Act of 1974 for purposes
of budget enforcement under section 302(f)) for fiscal year 2009 from which
the Committee on Appropriations may report regular appropriation bills for
fiscal year 2008 that include funding for certain accounts for each of fiscal
years 2008 and 2009.
(3) The report of the Committee on the Budget of each House accompanying
the concurrent resolution on the budget for fiscal year 2008 and the joint
explanatory statement of managers accompanying such resolution shall also
include the assumptions upon which such allocations referred to in paragraph
(2) are based.
(d) GAO PROGRAMMATIC OVERSIGHT ASSISTANCE- (1) During the first session
of the 110th Congress the committees of the House of Representatives and
the Senate are directed to work with the Comptroller General of the United
States to develop plans to transition program authorizations to a multi-year
schedule.
(2) During the 110th Congress, the Comptroller General of the United States
will continue to provide assistance to the Congress with respect to programmatic
oversight and in particular will assist the committees of Congress in designing
and conforming programmatic oversight procedures for the fiscal year 2009-2010
biennium.
(e) CBO AUTHORIZATION REPORT- On or before January 15, 2008, the Director
of the Congressional Budget Office, after consultation with the appropriate
committees of the House of Representatives and Senate, shall submit to the
Congress a report listing (A) all programs and activities funded during
fiscal year 2008 for which authorizations for appropriations have not been
enacted for that fiscal year and (B) all programs and activities funded
during fiscal year 2008 for which authorizations for appropriations will
expire during that fiscal year, fiscal year 2009, or fiscal year 2010.
(f) PRESIDENT'S BUDGET SUBMISSION FOR FISCAL YEAR 2006- The budget submission
of the President pursuant to section 1105(a) of title 31, United States
Code, for fiscal year 2009 shall include an evaluation of, and recommendations
regarding, the transitional biennial budget process for the fiscal year
2008-2009 biennium that was carried out pursuant to this section.
(g) CBO TRANSITIONAL REPORT- On or before March 31, 2008, the Director of
the Congressional Budget Office shall submit to Congress an evaluation of,
and recommendations regarding, the transitional biennial budget process
for the fiscal year 2008-2009 biennium that was carried out pursuant to
this section.
SEC. 112. EFFECTIVE DATE.
Except as provided by sections 107, 110, and 111, this title and the amendments
made by it shall take effect on January 1, 2009, and shall apply to budget
resolutions and appropriations for the biennium beginning with fiscal year
2010.
TITLE II--EARMARK REFORM
SEC. 201. PROHIBITION OF EARMARKS OR TAX EARMARKS IN COMMITTEE REPORTS
OR JOINT STATEMENTS; IDENTIFICATION OF EARMARKS AND SPONSORS REQUIRED.
(a) PROHIBITION OF EARMARKS OR TAX EARMARKS IN COMMITTEE REPORTS OR JOINT
STATEMENTS- In the House of Representatives or the Senate, it shall not
be in order to consider--
(1) any bill reported by any committee if the report accompanying that
bill includes any earmarks or tax earmarks; or
(2) the conference report on any bill if the joint statement of managers
accompanying such conference report includes any earmarks or tax earmarks.
(b) IDENTIFICATION OF EARMARKS AND SPONSORS REQUIRED- In the House of Representatives
or the Senate, it shall not be in order to consider any bill reported by
any committee if the report accompanying that bill does not include a list
identifying each earmark in the bill and the name of any Member who sponsored
that earmark.
SEC. 202. IDENTIFICATION OF TAX EARMARKS AND SPONSORS REQUIRED.
(a) POINT OF ORDER- In the House of Representatives or the Senate, it shall
not be in order to consider a bill carrying a tax measure reported by the
Committee on Ways and Means of the House or the Committee on Finance of
the Senate as to which the Joint Committee on Taxation has--
(1) identified a tax earmark pursuant to subsection (b), unless the report
on the bill includes a list of each such tax earmark in the bill (and
the name of any Member who submitted a request to the committee for that
tax earmark); or
(2) failed to provide an analysis under subsection (b).
(b) JOINT COMMITTEE ON TAXATION STATEMENTS- The Joint Committee on Taxation
shall review any bill containing a tax measure that is being reported by
the Committee on Ways and Means of the House or the Committee on Finance
of the Senate and shall identify whether such bill contains any tax earmarks.
The Joint Committee on Taxation shall provide to the Committee on Ways and
Means or the Committee on Finance, as applicable, a statement identifying
any such tax earmarks or declaring that the bill does not contain any tax
earmarks, and such statement shall be included in the report on the bill.
Any such statement shall also be made available to any Member of Congress
by the Joint Committee on Taxation immediately upon request.
SEC. 203. OUT OF SCOPE EARMARKS OR TAX EARMARKS IN CONFERENCE REPORTS.
(a) In General- In the House of Representatives or the Senate, a point of
order may be made by any Member against consideration of a conference report
that includes any earmark or tax earmark not committed to conference by
either House. The point of order shall be made and voted on separately for
each item in violation of this section.
(b) Disposition- If the point of order against a conference report under
subsection (a) is sustained, then--
(1) the earmark or tax earmark in such conference report shall be deemed
to have been struck;
(2) when all other points of order under this section have been disposed
of--
(A) the House or Senate, as applicable, shall proceed to consider the
question of whether the House or Senate should recede from its amendment
to the Senate bill or House bill, or its disagreement to the amendment
of the Senate or the House, and concur with a further amendment, which
further amendment shall consist of only that portion of the conference
report not deemed to have been struck;
(B) the question shall be debatable; and
(C) no further amendment shall be in order; and
(3) if the House or the Senate, as applicable, agrees to the amendment,
then the bill and the House amendment thereto, or the bill and the Senate
amendment thereto, shall be returned to the Senate or the House for its
concurrence in the amendment of the House or the Senate.
(c) Waiver and Appeal- This section may be waived or suspended in the House
of Representatives or the Senate only by an affirmative vote of a majority
of the Members, duly chosen and sworn. In the Senate, an affirmative vote
of a majority of its Members, duly chosen and sworn, shall be required to
sustain an appeal of the ruling of the Chair on a point of order raised
under this section.
SEC. 204. DEFINITIONS.
(a) DEFINITIONS- As used in this title:
(1) The term `earmark' means a provision in a bill or conference report--
(A) with respect to an appropriation bill or conference report thereon
providing or recommending an amount of budget authority for a contract,
loan, loan guarantee, grant, or other expenditure with or to a non-Federal
entity, if--
(i) such entity is specifically identified in the bill; or
(ii) if the discretionary budget authority is allocated outside of
the statutory or administrative formula-driven or competitive bidding
process and is targeted or directed to an identifiable entity, specific
State, or Congressional district; or
(B) with respect to a measure other than that specified in subparagraph
(A) or conference report thereon providing authority, including budget
authority, or recommending the exercise of authority, including budget
authority, for a contract, loan, loan guarantee, grant, loan authority,
or other expenditure with or to a non-Federal entity, if--
(i) such entity is specifically identified in the bill;
(ii) if the authorization for, or provision of, budget authority,
contract authority loan authority or other expenditure is allocated
outside of the statutory or administrative formula-driven or competitive
bidding process and is targeted or directed to an identifiable entity,
specific State, or Congressional district; or
(iii) if such authorization for, or provision of, budget authority,
contract authority, loan authority or other expenditure preempts statutory
or administrative State allocation authority.
(2)(A) The term `tax earmark' means any revenue-losing provision that
provides a Federal tax deduction, credit, exclusion, or preference to
only one beneficiary (determined with respect to either present law or
any provision of which the provision is a part) under the Internal Revenue
Code of 1986 in any year for which the provision is in effect;
(B) for purposes of subparagraph (A)--
(i) all businesses and associations that are members of the same controlled
group of corporations (as defined in section 1563(a) of the Internal
Revenue Code of 1986) shall be treated as a single beneficiary;
(ii) all shareholders, partners, members, or beneficiaries of a corporation,
partnership, association, or trust or estate, respectively, shall be
treated as a single beneficiary;
(iii) all employees of an employer shall be treated as a single beneficiary;
(iv) all qualified plans of an employer shall be treated as a single
beneficiary;
(v) all beneficiaries of a qualified plan shall be treated as a single
beneficiary;
(vi) all contributors to a charitable organization shall be treated
as a single beneficiary;
(vii) all holders of the same bond issue shall be treated as a single
beneficiary; and
(viii) if a corporation, partnership, association, trust or estate is
the beneficiary of a provision, the shareholders of the corporation,
the partners of the partnership, the members of the association, or
the beneficiaries of the trust or estate shall not also be treated as
beneficiaries of such provision.
(3) The term `revenue-losing provision' means any provision that is estimated
to result in a reduction in Federal tax revenues (determined with respect
to either present law or any provision of which the provision is a part)
for any one of the two following periods--
(A) the first fiscal year for which the provision is effective; or
(B) the period of the 5 fiscal years beginning with the first fiscal
year for which the provision is effective; and
(4) The terms used in paragraphs (2) and (3) shall have the same meaning
as those terms have generally in the Internal Revenue Code of 1986, unless
otherwise expressly provided.
(b) CLARIFICATION- For purposes of this title--
(1) government-sponsored enterprises, Federal facilities, and Federal
lands shall be considered Federal entities;
(2) to the extent that the non-Federal entity is a State, unit of local
government, territory, an Indian tribe, a foreign government or an intergovernmental
international organization, the provision shall not be considered an earmark
unless the provision also specifies the specific purpose for which the
designated budget authority is to be expended;
(3) the term `budget authority' shall have the same meaning as such term
is defined in section 3 of the Congressional Budget Act of 1974 (2 U.S.C.
622); and
(4) an obligation limitation shall be treated as budget authority.
END
