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106th Congress                                                   Report
                                 SENATE
 1st Session                                                     106-12
_______________________________________________________________________

                                     




                        BIENNIAL BUDGETING AND


                          APPROPRIATIONS ACT

                               __________

                              R E P O R T

                                 of the

                   COMMITTEE ON GOVERNMENTAL AFFAIRS

                          UNITED STATES SENATE

                             together with

                     ADDITIONAL AND MINORITY VIEWS

                              to accompany

                                 S. 92

TO PROVIDE FOR A BIENNIAL BUDGET PROCESS AND A BIENNIAL APPROPRIATIONS 
  PROCESS AND TO ENHANCE OVERSIGHT AND THE PERFORMANCE OF THE FEDERAL 
                               GOVERNMENT




                 March 10, 1999.--Ordered to be printed

                               __________

                    U.S. GOVERNMENT PRINTING OFFICE
69-010 (Star Print)        WASHINGTON : 1999


                   COMMITTEE ON GOVERNMENTAL AFFAIRS

                   FRED THOMPSON, Tennessee, Chairman
WILLIAM V. ROTH, Jr., Delaware       JOSEPH I. LIEBERMAN, Connecticut
TED STEVENS, Alaska                  CARL LEVIN, Michigan
SUSAN M. COLLINS, Maine              DANIEL K. AKAKA, Hawaii
GEORGE V. VOINOVICH, Ohio            RICHARD J. DURBIN, Illinois
PETE V. DOMENICI, New Mexico         ROBERT G. TORRICELLI, New Jersey
THAD COCHRAN, Mississippi            MAX CLELAND, Georgia
ARLEN SPECTER, Pennsylvania          JOHN EDWARDS, North Carolina
JUDD GREGG, New Hampshire
             Hannah S. Sistare, Staff Director and Counsel
                      Dan G. Blair, Senior Counsel
      Joyce A. Rechtschaffen, Minority Staff Director and Counsel
                    Kevin J. Landy, Minority Counsel
                       Lynn L. Baker, Chief Clerk
                            C O N T E N T S

                              ----------                              
                                                                   Page
  I. Purpose..........................................................1
 II. Summary..........................................................1
III. Background and Need for Legislation..............................2
        i. The Budget Act of 1974................................     4
        ii. The Benefits of Biennial Budgeting--Reducing 
            Repetition...........................................     5
        iii. The Benefits of Biennial Budgeting--Improved 
            Oversight............................................     7
        iv. The Benefits of Biennial Budgeting--Greater Stability 
            and Predictability in Federal Funding................     8
        v. State Experience with Biennial Budgeting..............     9
        vi. Additional issues....................................     9
 IV. Legislative History of Biennial Budgeting.......................11
  V. Legislative History of S. 92....................................13
        i. Hearings..............................................    13
        ii. Committee Action.....................................    14
 VI. Section-by-Section Analysis.....................................15
VII. Regulatory Impact Statement.....................................18
VIII.Congressional Budget Office Cost Estimate.......................19

 IX. Additional Views of Senator Stevens.............................22
  X. Minority Views of Senator Durbin................................24
 XI. Changes in Existing Law.........................................26
106th Congress                                                   Report
                                 SENATE
 1st Session                                                     106-12

======================================================================



 
               BIENNIAL BUDGETING AND APPROPRIATIONS ACT

                                _______
                                

                 March 10, 1999.--Ordered to be printed

                                _______
                                

Mr. Thompson, from the Committee on Governmental Affairs, submitted the 
                               following

                              R E P O R T

                             together with

                     ADDITIONAL AND MINORITY VIEWS

                          [To accompany S. 92]

                               I. Purpose

    The purpose of S. 92, the Biennial Budgeting and 
Appropriations Act, is to increase Congressional control of the 
budget process by reducing the amount of time spent on budget 
matters while improving the quality of those deliberations. 
Enactment of a two-year budget cycle will better provide for 
agency long-term planning and careful Congressional oversight 
while increasing stability and coherence in the collection and 
disbursement of Federal funds.

                          II. Summary of S. 92

    S. 92 converts the annual budget, appropriations, and 
authorization process to a biennial or two-year cycle. Under 
the bill, the timetable for the two years is as follows:

                 first year: budget and appropriations

    The legislation requires the President to submit a two-year 
budget at the beginning of the first session of Congress. This 
budget would cover each year in the biennium and planning 
levels for the four out-years. Converts the ``Mid-session 
Review'' into a ``Mid-biennium Review.'' The President would 
submit his ``Mid-biennium Review'' at the beginning of the 
second year.
    Requires Congress to adopt a two-year budget resolution and 
a two-year reconciliation bill (if necessary). Instead of 
enforcing the first fiscal year and the sum of the five years 
set out in the budget resolution, the bill provides that the 
budget resolution establish binding levels for each year in the 
biennium and the sum of the six-year period. The bill modifies 
the time frames in the Senate ten-year pay-as-you-go point of 
order to provide that legislation could not increase the 
deficit for the biennium, the sum of the first six years, and 
the sum of the last 4 years.
    Requires Congress to enact a two-year appropriations bill 
during the first session of each Congress. The bill provides a 
new majority point of order against appropriations bills that 
fail to cover two years. This point of order would not apply to 
supplemental appropriations bills to fund unanticipated needs 
such as emergencies.
    Makes budgeting and appropriating the priority for the 
first session of a Congress. The bill provides a majority point 
of order against consideration of authorization and revenue 
legislation until the completion of the biennial budget 
resolution, reconciliation legislation (if necessary) and the 
thirteen biennial appropriations bills. An exception is made 
for certain ``must do'' measures.

     second year: authorization legislation and enhanced oversight

    Devotes the second session of a Congress to consideration 
of biennial or multi-year authorization bills and oversight of 
federal programs. The bill provides a majority point of order 
against authorization and revenue legislation that covers less 
than two years except those measures limited to temporary 
programs or activities lasting less than two years.
    Modifies the Government Performance and Results Act (GPRA) 
to fit the government performance planning and reporting 
process into the two-year budget cycle to enhance oversight of 
federal programs.

                III. Background and Need for Legislation

    The current congressional budget process is rooted in the 
Congressional Budget and Impoundment Control Act of 1974 
(Public Law 93-344, Title 2 of U.S. Code). While the 1974 
reforms have enabled the Congress to participate more fully in 
the development of fiscal policy, the design of the current 
process has led to a situation in which repetitive votes on the 
budget consume a large percentage of the Congress' time. This 
has had two negative results: a decrease in the time available 
for systematic oversight of federal programs and delays in 
legislation necessary to fund the government. Since 1974, the 
Congress has regularly failed to complete action on the 13 
appropriations bills before the start of the fiscal year. The 
failure to enact regular appropriation bills prior to the 
beginning of the fiscal year results in the need for the 
Congress and the President to agree on a continuing resolution 
to fund the Federal government's operations.

             TABLE 1.--APPROPRIATIONS, FISCAL YEARS 1974-99
------------------------------------------------------------------------
                                              Regular
                                          appropriations    Continuing
                                           bills enacted    resolutions
                                           by the start     enacted for
                                           of the fiscal    the fiscal
                                               year            year
------------------------------------------------------------------------
Fiscal year:
    1974................................               3               7
    1975................................               7               4
    1976................................               2               3
    1977................................          \1\ 13               2
    1978................................               9               3
    1979................................               5               1
    1980................................               3               2
    1981................................               1               2
    1982................................               0               5
    1983................................               1               2
    1984................................               4               4
    1985................................               4               4
    1986................................               0               5
    1987................................               0               5
    1988................................               0               5
    1989................................          \2\ 13               0
    1990................................               1               3
    1991................................               0               5
    1992................................               3               4
    1993................................               1               1
    1994................................               2               3
    1995................................              13               0
    1996................................               0               5
    1997................................          \3\ 13               0
    1998................................               1               6
    1999................................               1               6
------------------------------------------------------------------------
\1\ While 13 bills were enacted, certain health programs were not funded
  and required a continuing resolution.
\2\ Six bills were enacted on October 1.
\3\ Six bills were enacted as one Omnibus bill on September 30.

Sources: Congressional Research Service (Reports 98-800 GOV, 96-224 GOV
  and 94-799 GOV).

    As Table 1 illustrates, only rarely does Congress complete 
action on all 13 regular appropriations bills to fully fund the 
government by the beginning of the fiscal year.
    While policy disagreements between Congress and the 
Executive Branch have contributed to the budgetary delays 
evidenced in Table 1, the complexity of the congressional 
budget process is also a contributing factor. The Committee 
believes that a biennial budget cycle will greatly improve the 
budget process by reducing multiple decisions on individual 
budget items. This, in turn, would greatly increase the 
likelihood that deadlines will be met and provide stability to 
Federal activities. Providing agencies with this increased 
predictability is especially important at a time when Congress 
and the taxpayers are demanding that agencies provide strategic 
and annual performance plans and more systematically link 
resources to results. Additionally, for agencies which are 
downsizing, multi-year planning increases the probability that 
downsizing will be well managed and reduces the negative impact 
on the quality of those programs remaining.
    The repetitive nature of budget votes and the amount of 
time consumed by them has also served to reduce the time 
available for members to spend on systematic oversight of the 
design and implementation of federal programs. Such oversight 
has always been important, but a number of Members have 
suggested that the requirements of the Government Performance 
and Results Act and the pressure placed on resources by the 
need to achieve and maintain a balanced budget make oversight 
even more critical. Further, the kind of oversight needed 
requires the investment of Members' time to look below the 
surface and see what is really happening. Members need to 
consider whether and what legislative changes might be required 
to improve the functioning of federal programs or, when 
warranted, to discontinue them. This kind of time is in 
increasingly short supply.
    In reporting S. 92, it is the Committee's view that while 
biennial budgeting will not solve all of the problems which 
have developed relating to the budget process, it will 
substantially improve the process, and will create a greater 
presumption in favor of carefully considered, timely decisions 
and of careful, systematic program oversight.

i. The Budget Act of 1974

    Currently, Congress completes at least four separate budget 
processes annually following Presidential submission of the 
Administration's budget: (1) the concurrent budget resolution, 
(2) program authorizations, (3) budget reconciliation, and (4) 
consideration of 13 individual appropriation bills. S. 92 would 
not eliminate any of these processes, but it would require 
their consideration biennially instead of annually. S. 92 would 
divide the process into two separate stages over a two year 
Congress: (1) consideration of the concurrent budget 
resolution, reconciliation and all 13 individual two-year 
appropriation bills in the first year; and (2)consideration of 
multi-year authorizing legislation and program oversight in the second 
year.
    As such, S. 92 builds upon the Budget Act of 1974. That Act 
completely overhauled the Congressional budget process, 
asserting the legislative branch's participation in the fiscal 
policy of the nation. Battles with President Nixon over the 
impoundment of funds in the early 1970's, combined with the 
lack of an institutional system for developing budget policy, 
prompted the Congress to enact these reforms.
    The Budget Act established budget committees in the House 
and in the Senate, created the Congressional Budget Office to 
provide independent budget information and analysis to the 
Congress, and established a timetable for the consideration of 
the Federal budget and procedures for consideration of 
presidential rescissions and impoundments.
    The 1974 reforms also established the concurrent budget 
resolution which serves as a blueprint for spending and tax 
policy for the next fiscal year--a statement of the Congress' 
fiscal policy and priorities. Prior to the Budget Act, Members 
of Congress expressed great frustration with congressional 
inability to determine the impact of individual appropriation 
bills within the framework of the entire Federal budget. The 
budget resolution satisfies this concern by providing a means 
for Congress to formulate a fiscal blueprint, which is then 
used as a tool for measuring the impact of individual spending 
bills on the overall Federal budget.
    While the 1974 reforms greatly enhanced the role of the 
Congress in forming national fiscal policy, the complexity of 
the budget process has contributed to missed deadlines and 
inefficient decision making. This problem has grown as the 
complexity of the process has grown. For example, in the 
original budget act, reconciliation was not envisioned as a 
major part of the process. Then in 1980, Congress first used 
reconciliation to make major changes in the Federal budget. The 
reconciliation process directs the authorizing committees of 
the Congress to change existing entitlement and revenue laws 
for deficit reduction purposes, and is initiated through 
instructions in the budget resolution. Reconciliation has now 
become a regular part of the process: the Congress has 
considered a reconciliation measure eleven times over the 
sixteen years from 1981 to 1997.
    Rapidly escalating Federal budget deficits in the mid-
1980's led Congress to add a fifth step to the budget process. 
In 1985, the Congress passed the Balanced Budget and Emergency 
Deficit Control Act, and in 1987, the Congress passed the 
Balanced Budget and Emergency Deficit Reduction Reaffirmation 
Act of 1987. These laws sought to establish procedures for 
enforcing maximum deficit amounts for fiscal years 1988 through 
1993. In 1987, the Congress and the President added another, 
albeit non-statutory, layer of budget procedure--the summit. 
The Congress and the administration agreed to a two-year Budget 
Summit Agreement, which set enforceable spending and tax 
guidelines for fiscal year 1988 and 1989. The Budget Summit 
approach was also adopted during the start of the 101st 
Congress, but produced spending and tax guidelines for only one 
fiscal year.
    In 1990 it was clear that achieving the fiscal year 1991 
deficit targets would be nearly impossible. Again the President 
and the Congress turned to a Budget Summit. Out of this summit 
came both a deficit reduction package and a process for 
enforcing budget agreements--the Budget Enforcement Act of 1990 
(BEA). The Budget Enforcement Act represented a shift from 
regulating the only effect of governmental actions to 
regulating the actions themselves. It contained real 
expenditure limits: a series of limits on annual appropriated 
spending enforceable by sequesters. Direct spending (i.e. 
spending not regulated by the appropriations process) was 
governed by new pay-as-you-go rules. These required that the 
total of all new spending or tax legislation from authorizing 
committees could not increase the deficit. The Budget 
Enforcement Act also extended the time horizon of the budget 
process; coverage of the budget resolution was lengthened from 
3 to 5 years and the basis of several enforcement points of 
order was expanded from one year to 5 fiscal years.
    Further, the original BEA set discretionary spending limits 
through 1995. These limits were extended in 1993 to go through 
1998. The 1997 Balanced Budget Act extended these limits to 
2002.

ii. Benefits of biennial budgeting--reducing repetition

    Although each step of the budget process was designed to 
make the allocation of Federal resources more efficient and 
effective, the combined result has been frequently missed 
budget deadlines and repetitive roll call votes on budget 
issues. The congressional response to the increasingly complex 
process has been to budget year round. Furthermore, these 
repetitive votes are extremely confusing to the public which 
seeks to understand the actions of their elected 
representatives.
    While budget delays are frequently the consequence of 
policy differences between the Executive branch and Congress or 
between two Parties within the Congress, the ability of the 
Congress to execute a fiscal plan is unnecessarily slowed by 
the existing process. It is the Committee's view that two-year 
budgeting can be a successful tool to assist both the Congress 
and the Executive branch in more efficiently managing the 
budget.
    The Committee believes S. 92 could help achieve this. By 
dedicating an entire year to the authorization and oversight 
process, the Congress will have much more time to consider 
underlying authorizations carefully. Members should be free 
from congressional action on the budget, except for action on 
supplemental appropriation bills or revised concurrent 
resolutions, during the second session of each Congress, 
enabling them to focus on the work of the authorizing 
committees.
    In 1993 both the House and Senate members of the Joint 
Committee on the Organization of Congress made similar 
arguments in recommending a shift to biennial budgeting. The 
report of the House members said, ``The move to biennial 
budgeting will reduce the number of redundant budget-related 
votes during each Congress * * *.'' The report of the Senate 
members was as forceful:

          With biennial budgeting, the budget process should be 
        less complicated, less repetitious, and instead be more 
        understandable and meaningful. The Congress is now 
        dominated by budget activity. But for all the time 
        spent on the budget, Members complain that their votes 
        are redundant and meaningless. And, it is a process the 
        public cannot readily comprehend.

    As Table 2 indicates, the percentage of budget related 
votes in the United States Senate increased dramatically since 
1955. This increase can be tied to the increase in the number 
of layers in the budget process.

                        TABLE 2.--BUDGET RELATED ROLL CALL VOTES IN THE SENATE, 1955-1998
----------------------------------------------------------------------------------------------------------------
                                                                                                  Budget related
                                                                  Budget related  Total rollcall     votes as
                                                                  rollcall votes       votes        percent of
                                                                                                       total
----------------------------------------------------------------------------------------------------------------
Calendar year:
    1955........................................................              33              87              38
    1960........................................................              86             207              42
    1970........................................................             108             258              42
    1975........................................................             254             602              42
    1980........................................................             280             531              53
    1981........................................................             335             483              69
    1982........................................................             286             465              62
    1983........................................................             244             371              66
    1984........................................................             164             275              60
    1985........................................................             230             381              60
    1986........................................................             189             354              53
    1987........................................................             185             420              44
    1988........................................................             124             379              33
    1989........................................................             148             312              47
    1990........................................................             123             326              38
    1991........................................................             134             280              48
    1992........................................................             162             270              60
    1993........................................................             252             395              64
    1994........................................................             165             329              50
    1995........................................................             328             613              54
    1996........................................................             222             306              73
    1997........................................................             193             298              65
    1998........................................................             159             314              51
----------------------------------------------------------------------------------------------------------------
Source: Congressional Quarterly Almanacs, 1955-1996, and Congressional Weekly Reports, 1987, 1996, 1997, and
  1998.

iii. Benefits of biennial budgeting--improved oversight

    The Committee views one of the major benefits of reducing 
the number of repetitious budget-related votes will be the 
freeing up of time for systematic program oversight.
    Chairman Fred Thompson, in his opening statement at the 
January 27, 1999 joint hearing with the Budget Committee 
commented:

          What a biennial budget can do is give us time for the 
        important tasks that often get short shrift these days, 
        such as conducting oversight and long-range planning, 
        and spending more time at home. * * *

    The Committee's Ranking Member, Senator Joseph Lieberman, 
in his opening statement at the joint hearing, reiterated his 
support for the legislation and cited this benefit, as well:

          * * * I support (S. 92) as a common-sense reform 
        which will * * * free up more time for Congress to do 
        oversight and management of federal programs to assure, 
        in a time of surplus, that nonetheless, we are careful 
        about how we are spending taxpayer money. * * *

    Program oversight was one of the benefits cited by both the 
House and Senate members of the Joint Committee on the 
Organization of the Congress in 1993. The report of the Senate 
members proposed that ``In even-numbered years, Congress should 
consider substantive legislative proposals, conduct meaningful 
oversight, monitor and evaluate legislation. * * *'' They noted 
further that ``although a great deal of time is spent on the 
budget, little time is spent in long-term planning, overseeing 
programs, and finding waste and abuse. In short, the Congress 
spends too much time on budgetary issues that do not matter and 
not enough time on those that do.'' A 2-year cycle, they argued 
could permit Members to ``spend more time overseeing programs 
to make certain that taxpayer money is spend wisely.''
    The House report linked the biennial cycle to its 
recommendation for a formal oversight schedule and plan by each 
committee.
    Members of the Committee noted that they--and their 
colleagues--feel there is inadequate time available for serious 
examination of how federal programs function and how policy is 
implemented. Congress and the President have put in place a 
legislative framework--the Government Performance and Results 
Act--requiring strategic plans and annual performance plans and 
reports. Congress must have the time to be involved actively in 
the development of strategic plans and in oversight of the 
plans for this Act to offer the American people the kind of 
government they deserve.

iv. Benefits of biennial budgeting--greater stability and 
        predictability in Federal funding

    When he introduced S. 92 in the 106th Congress, Senator 
Pete Domenici, Chairman of the Budget Committee, commented:

          * * * (T)he more predictable category of the budget 
        are these appropriated, or discretionary, accounts of 
        the federal government. I recently asked CBO to update 
        an analysis of discretionary spending to determine 
        those programs that had unpredictable or volatile 
        funding needs. CBO found that only 4 percent of total 
        discretionary funding fell into this category. Most of 
        this spending is associated with international 
        activities or emergencies. Because most of this funding 
        cannot be predicted on an annual basis, a biennial 
        budget is no less deficient that the current annual 
        process. (January 19, 1999 Congressional Record)

    If funding is provided for a two-year period, recipients of 
these funds will be better able to administer those funds. 
These sentiments were brought to the Committee's attentions as 
far back as the 100th Congress when Richard Helm, then the 
Comptroller of the Department of Defense, testified at the June 
7, 1988 Committee hearing on the Defense Department's 
experience with biennial budgeting. Mr. Helm highlighted the 
management benefits of biennial budgeting, especially for 
procurement, ``for being able to give program managers their 
funding up front so that they can pursue, in the most efficient 
fashion, the best type of defense procurement management that 
we should all expect for taxpayers money.'' The annual process, 
Mr. Helm testified, is inefficient from the managers' 
perspective because of the delays in obligating funds.
    The Director of the Office of Management and Budget, Jacob 
J. Lew, testified at his nomination hearing before the 
Committee on June 22, 1998 regarding the many potential 
benefits of biennial budgeting. He noted:

          * * * (A) biennial budget would be a really good 
        change. The budget season used to be part of the year. 
        It has become all of the year and there is virtually no 
        space between beginning and ending the process, which 
        makes it very difficult to focus on the kinds of long-
        term management issues that many of the questions you 
        are asking today are really all about. We think it 
        would be a much more constructive use of both the 
        Legislative and the Executive Branch's time if we had a 
        cycle that was every two years, not every year, on the 
        appropriations side.

    The 1993 report of the Senate members of the Joint 
Committee on the Organization of Congress also noted this point 
in their support for biennial budgeting:

          Two-year cycles will also permit executive branch 
        agencies to plan for the longer term, a failure of the 
        current system. * * * The 2-year funding cycle gives 
        agencies degree of certainty in policy planning that 
        they have never had, and will minimize the constant 
        budget planning process that has accompanied the 2-year 
        appropriations cycle.

    Two-year appropriations bills offer those depending on 
federal funds--both federal agencies and, increasingly, 
activities run by state and local governments--a longer 
planning horizon. If agencies know their funding for two years 
rather than for a single year, they can plan better; and they 
can make more efficient use of resources. For an agency that is 
downsizing, a two-year period can reduce the disruption to both 
personnel and taxpayers who deal with that agency. For a state 
or local government seeking to create well-designed programs, 
even a two-year time period may seem too short; but it is 
infinitely preferable to a single year. Indeed, for both 
federal agencies and other levels of government the improvement 
could be even greater since the Committee believes the 
appropriate comparison is between a one-year appropriation 
enacted late and biennial appropriations enacted timely.
    As former Director of the Office of Management and Budget, 
Franklin Raines, said before the Committee on April 23, 1997:

          One of the more compelling advantages of biennial 
        appropriations is that it could provide greater 
        stability and predictability for those served and 
        involved in Federal Government programs, such as 
        individuals receiving Federal benefits or State and 
        non-profits receiving Federal grants.

v. State experience with biennial budgeting

    Although there are significant differences between State 
budgets and that of the Federal government, the Committee 
believes that an examination of state experiences could prove 
useful.
    States' budget cycles have fluctuated over the nation's 
history. The original 13 states relied on an annual cycle. In 
the 1840s, states began to move to biennial legislative 
sessions and biennial budget cycles. By 1940, only four state 
legislatures were meeting annually. With the growth of 
government programs, and particularly with the growth of 
Federal grant programs, states began to move to annual 
legislative sessions and annual budget cycles. More recently, 
states have begun to return to a biennial budget cycle. Since 
1980, four states have switched from an annual cycle to a 
biennial cycle or a partial biennial cycle. Only one state has 
moved from a biennial cycle to an annual cycle. Today, twenty 
states have a biennial budget cycle and two states have a split 
annual and biennial cycle.

vi. Additional issues

    A number of issues with regard to biennial budgeting have 
been raised during the Committee's consideration. These issues 
include: (1) whether biennial budgeting would lead to greater 
use of supplemental appropriations; (2) whether the uncertainty 
of economic projections would make it very difficult to budget 
two years in advance; (3) how the Congress would respond to new 
national needs or emergencies during the second year; (4) the 
timing of authorizations in a biennial budget; and (5) whether 
a biennial appropriations cycle cedes too much authority to the 
Executive branch.
    First, concern was expressed about the impact of biennial 
budgeting in creating an incentive for more supplemental 
appropriations. In particular, some noted that the stability 
and predictability of funding cited as a major benefit of 
biennial appropriations would be lessened if major adjustments 
became routine in the ``off years.'' As Table 3 indicates, the 
Congress already enacts at least one supplemental each fiscal 
year.

       TABLE 3.--SUPPLEMENTAL APPROPRIATIONS, FISCAL YEARS 1974-98
                      [Dollar amounts in millions]
------------------------------------------------------------------------
                                             Number of       Amount of
                                           supplemental       budget
                                               bills         authority
------------------------------------------------------------------------
Fiscal year:
    1974................................               5         $14,796
    1975................................               7          27,587
    1976................................               5          24,636
    1977................................               5          49,482
    1978................................               8           8,219
    1979................................               2          13,784
    1980................................               5          19,575
    1981................................               3          12,461
    1982................................               4          21,020
    1983................................               2          22,654
    1984................................               4          16,357
    1985................................               3          14,804
    1986................................               3           8,191
    1987................................               2           9,370
    1988................................               2           1,310
    1989................................               1           3,295
    1990................................               2           2,039
    1991................................               3          19,786
    1992................................               1           2,806
    1993................................               3           9,848
    1994................................               2           7,822
    1995................................               2      -\1\ 9,847
    1996................................               6          -1,523
    1997................................               1           1,670
    1998................................               5           3,409
------------------------------------------------------------------------
\1\ This negative amount reflects the net amount of new budget authority
  as offset by rescissions included in the bills. Rescissions cancel
  previously enacted budget authority.

Source: U.S. Congress, Senate, Appropriations, Budget Estimates, Etc., S
  Doc., 94th Con., 2nd sess., prepared by Senate and House
  Appropriations Committees, (Washington: GPO 1996-1993); House
  Appropriations Committee date, 1994-1998.

    The Committee believes that it would be more efficient to 
consider several supplementals annually than to go through the 
entire budget process as the Congress does currently. By 
retaining the enforcement mechanisms set forth in the Budget 
Enforcement Act as amended (commonly referred to as BEA), the 
Congress can assure that supplementals do not break budget 
discipline. The Committee believes that supplementals should 
and can continue to be seen as exceptions considered when 
changes in condition warrant a change in spending decisions. 
While it is possible that in the early years some agencies may 
seek changes in the funding provided in the biennial 
appropriation bill, the Committee believes that the attitude of 
the OMB and the Congress can prevent such attempts from 
becoming routine. In addition, all decisions would still have 
to comply with the spending limits established in the BEA.
    Second, concern was expressed about the uncertainty of 
economic assumptions which would be required for two years in 
advance instead of one. However, the Committee noted that the 
Congressional Budget Office and the Office of Management and 
Budget currently project economic assumptions for the budget 
year and the following five years. Further, the Committee notes 
that nothing in this legislation prevents consideration of a 
revised budget resolution if the changes in the underlying 
economic assumptions are great enough to demand it. The budget 
process will be neither more nor less dependent on accurate 
forecasting under biennial budgeting. This is especially the 
case since the enactment of binding discretionary spending 
limits for a multi-year period already binds the appropriations 
process.
    Third, concern was also expressed regarding the need for 
congressional flexibility to react to emergencies like 
Hurricane Andrew in 1992 and the 1997 floods in North Dakota or 
to the emergence of new issues. The Committee believes that S. 
92 should have no impact on the ability of the Congress to deal 
with emergencies--which, even under the current annual cycle 
require mid-cycle adjustments. Although the Committee believes 
that the benefits of a biennial cycle will be the greatest if 
mid-cycle adjustments are the exception rather than the rule, 
S. 92 does not limit the Congress' ability either to respond to 
emergencies or to make adjustments where Congress believes a 
new issue demands a mid-cycle reallocation of funds.
    Fourth, concern was expressed about the timing of 
authorizations and appropriations in a two-year budget process. 
Some experts have suggested that authorization should be in the 
first session of the Congress, with the budget resolution and 
appropriation bills in the second session of each Congress. 
However, this approach would mean that a newly elected Congress 
and a newly elected President would have to wait a full year 
before they could start to work on a budget reflecting their 
priorities. The Joint Committee on the Reorganization of 
Congress accepted this view--also shared by other observers 
including the General Accounting Office--and recommended that 
Congress appropriate in the first year of a biennium. The 
Committee adopted this recommendation.
    Fifth, concern has been raised that a shift from an annual 
appropriations cycle to a biennial cycle cedes too much 
authority from Congress to the Executive branch. Proponents 
ofthis position argue that the annual appropriations cycle provides 
Congress with the opportunity to annually review the operations of the 
agencies and programs. However, the appropriations process is not 
designed for extensive investigations and oversight. Reserving the 
second year of the biennium for the authorizing committees to perform 
their oversight and authorizations work more than compensates for any 
loss of oversight performed through the appropriations process.

             IV. Legislative History of Biennial Budgeting

    1974 (93rd Congress).--The Congressional Budget Act of 1974 
required the Congressional Budget Office (CBO) to issue a 
report on the ``feasibility and advisability'' of budgeting and 
appropriating a full year in advance.
    1977 (95th Congress).--In response to 1974 directive, CBO 
issued ``Advance Budgeting: A Report to Congress.'' This 
included a study of two-year appropriations, and concluded that 
if ``committees did not have to spend so much time each year on 
routine `budgetary' matters, they would in fact have more time 
for their oversight work * * *.''
    A parallel report made in 1977 by the Office of Management 
and Budget, entitled ``A Study of the Advisability of 
Submitting the President's Budget and Enacting Budget Authority 
in Advance of the Current Timetable,'' also advocated the 
concept of multi-year budgeting, on the grounds that, ``Both 
the President and Congress will reap significantly greater 
benefits from multi year budgeting * * *.''
    Also in 1977, Representative Panetta introduced the first 
legislation to establish a biennial budget process. Panetta's 
legislation, the Biennial Budget Act, sought to create a two-
year budget process devoted in the first year to oversight of 
Executive branch agencies.
    1979 (96th Congress).--Representative Panetta again 
introduced a biennial budget bill. In the Senate, Senator 
Bumpers introduced a resolution directing a study of the 
feasibility of a biennial budget. No action was taken on either 
bill.
    1981-82 (97th Congress).--Four bills (Ford, Roth, Cochran, 
and Quayle) to establish a biennial budget process were 
introduced in the Senate. Representative Panetta again 
sponsored a House bill. In 1981, biennial budgeting was 
discussed during Government Affairs Committee hearings on the 
Congressional Budget and Impoundment Act of 1974. Separate 
hearings on Senator Roth's biennial budget bill also were held 
by the Committee.
    1983-84 (98th Congress).--Several biennial budget bills 
were again introduced. Governmental Affairs held hearings on 
Senator Roth's bill.
    1984.--The Temporary Select Committee to Study the Senate 
Committee System recommended that a select committee be 
established to study the feasibility of biennial budgeting. No 
committee was formed.
    1985-86 (99th Congress).--The FY 1986 Defense Authorization 
bill included an amendment proposed by Senator Nunn to, among 
other things, require the President to submit two-year budget 
proposals for the Defense Department. The provision was 
retained through conference, and the conferees expressed their 
belief that a biennial budget would ``substantially improve DOD 
management and congressional oversight.'' They further 
indicated that it was preferable for all Federal spending to be 
under a two-year system. While DOD submits a two-year budget, 
Congress continues with the annual cycle--so the long-term 
planning benefit is still not realized.
    1987-88 (100th Congress).--President Reagan and 
congressional leadership approved the Budget Summit Agreement, 
setting specific funding totals for domestic, international, 
and defense discretionary spending for FY 1988 and VY 1989. 
Longstanding supporters of biennial budgeting note that the 
``biennial character'' of the summit agreement demonstrates 
that the time had come to move to a two-year budget cycle. The 
Balanced Budget and Emergency Deficit Control Act of 1987 
directed the appropriate congressional committees to develop a 
plan to experiment with multi-year authorization and 
appropriations.
    1989-90 (101st Congress).--As Chairman of the Governmental 
Affairs Committee, Senator John Glenn held hearings and ordered 
favorable reported S. 29 (sponsored by Senators Ford, Roth and 
Domenici) providing for a two-year budget resolution and 
appropriations. The bill was not taken up by the full Senate.
    1993-94 (103rd Congress).--Senators Boren and Domenici in 
1994 introduced S. 1824 to implement the recommendations of the 
Joint Committee on the Organization of Congress, which included 
a provision to shift to a biennial budget cycle. The bill 
reported by the Rules Committee as an outgrowth of the Joint 
Committee's included the provision for biennial budget and 
appropriations. Senator Domenici offered the Joint Committee's 
legislative recommendations as an amendment to the District of 
Columbia Appropriations bill. Senator Byrd raised a point of 
order under section 306 of the Budget Act, and the Senate voted 
58 to 41 in favor of the motion to waive the Budget Act with 
respect to consideration of the amendment. Since the motion did 
not gain the 60 votes necessary, the amendment failed.
    1995-96 (104th Congress).--Four bills providing for a 
biennial cycle were introduced. In July 1996, Senator Fred 
Thompson, Chairman of the Financial Management and 
Accountability Subcommittee of the Governmental Affairs 
Committee, held a hearing on biennial budgeting. In September 
1996, Senator Thompson introduced a biennial budget bill (S. 
2049), emphasizing the need to provide Members of Congress with 
time for increased legislative oversight and time at home.
    1997-1998 (105th Congress).--One bill, S. 261, was 
introduced by Senator Domenici on February 4, 1997. On February 
13, 1997 the Budget Committee held a hearing on S. 261. On 
April 23, 1997 Senator Thompson held a full Governmental 
Affairs Committee Hearing on S. 261. On May 22, 1997, the 
Governmental Affairs Committee ordered to be reported S. 261, 
withan amendment in the nature of a substitute, and the bill 
was reported to the Senate on September 4, 1997. On October 6, 1997 the 
Senate Committee on Budget discharged S. 261 and it was placed on 
Senate Legislative Calendar under General Orders. No further action was 
taken.

                    V. Legislative History of S. 92

    1999 (106th Congress)--Senator Domenici, along with 
Senators Thompson and Lieberman, introduced S. 92 on January 
19, 1999. The bill converts the annual appropriations, 
authorizations and budget process to a two-year, or biennial 
cycle. The text of S. 92 was also included as Title I of S. 93, 
the Budget Enforcement Act of 1999, introduced by Senator 
Domenici.

i. Hearings

    January 27, 1999--Joint Budget and Governmental Affairs 
Committee Hearing.
    Governmental Affairs Committee Chairman Thompson and Budget 
Committee Chairman Domenici shared a joint hearing on S. 92 and 
S. 93, the Budget Enforcement Act of 1999. The purpose of the 
hearing was to review proposals for a biennial budget, as well 
as other budget process reforms.
    There were three panels of witnesses:
            Panel I
    The Honorable John McCain, United States Senator from 
Arizona. Senator McCain testified in favor of the biennial 
budget legislation, as well as other budget process reforms. He 
noted that:

          * * * Annual budgeting encourages budgeting by 
        brinkmanship, where we scramble at the end of each 
        fiscal year to complete a new budget and avoid a 
        government shutdown. Biennial budgeting would avoid the 
        annual showdown over spending priorities and provide 
        needed predictability and stability for government 
        agencies and programs. Two-year budgeting would also 
        allow us to focus attention on fiscal matters during 
        the first full year of a Congress, then turn to other 
        pressing matters of national policy the second year.
            Panel II
    The Honorable Benjamin L. Cardin, a Representative from 
Maryland and the Honorable Jim Nussle, a Representative from 
Iowa. Representative Nussle acknowledged the challenges facing 
biennial budgeting legislation in the House. This 
``institutional bias'' is rooted in the two-year term and 
election cycle that each House member faces.
            Panel III
    Timothy J. Muris, professor, George Mason University School 
of Law; Van Doorn Ooms, Senior Vice President and Director of 
Research, Committee for Economic Research; and Martha Phillips, 
Executive Director, the Concord Coalition.
    Ms. Phillips represented the views of the Concord 
Coalition, a nationwide, grassroots organization dedicated to 
strengthening the nation's long-term economic prospects through 
prudent fiscal policy. She supported the legislation:

          * * * We think a two-year budget process is a great 
        idea. For one thing, it would cut in half, literally in 
        half, the opportunities for fiscal mischief. Some 
        previous opponents of two-year budgeting suggested that 
        if you had a budget only every two years you would give 
        up half your opportunities to reduce the deficit. Now 
        that the situation has changed, you give up half your 
        opportunities to reduce the deficit. Now that the 
        situation has changed, you give up half your 
        opportunities to reduce the surplus. And we think that 
        is a good idea.

ii. Committee action

    On March 4, 1999, the Committee held a business meeting at 
which S. 92 was considered. Senator Domenici offered an 
amendment in the nature of a substitute, which was approved by 
voice vote.
    Senator Durbin offered two amendments to S. 92, as amended. 
The first amendment would have retained the annual 
appropriations cycle in the budget process. The amendment 
failed on a roll call vote of 6 Yeas (Stevens, Gregg, Akaka, 
Durbin, Cleland, and Edwards by proxy) and 9 Nays (Roth by 
proxy, Collins, Voinovich, Domenici, Cochran, Specter by proxy, 
Lieberman, Levin and Thompson).
    Senator Durbin's second amendment would have provided for a 
joint resolution on the budget that required the President's 
signature, rather than a concurrent resolution. The amendment 
failed on a roll call vote of 6 Yeas (Stevens, Collins, 
Specter, Akaka, Durbin and Cleland) and 9 Nays (Roth by proxy, 
Voinovich, Domenici, Cochran, Gregg, Lieberman, Levin, Edwards 
by proxy, and Thompson).
    With no other amendments being offered, Chairman Thompson 
moved adoption of S. 92, as amended. The bill was ordered to be 
favorably reported by a vote of 9 Yeas (Collins, Voinovich, 
Domenici, Cochran, Specter, Lieberman, Levin, Akaka, and 
Thompson) and 4 Nays (Stevens, Gregg, Durbin, and Cleland). 
Senator Roth indicated by proxy his position in favor of the 
legislation. Senator Edwards indicated by proxy his opposition 
to the legislation.

                    VI. Section-by-Section Analysis

    Section 1 states the title of the legislation--the 
``Biennial Budgeting and Appropriations Act''.
    Section 2 amends section 300 of the Congressional Budget 
and Impoundment Control Act to revise the timetable to reflect 
a biennial budget process. In general, the revised timetable is 
similar to the current timetable except that most of the 
milestones only apply to the first session of a Congress. The 
timetable is modified to extent the deadline for competition of 
the budget resolution to May 15th and to extend the deadline 
for completion of reconciliation legislation to August 1st. The 
revised timetable contains two milestones in the second 
session: a February 15th reporting requirement for the CBO 
annual report on the budget and an end of session deadline for 
completion of action on authorization legislation. This section 
also amends the timetable to provide a special schedule in 
years a new President is elected. Generally, deadlines are 
extended by 6 weeks to give a new President more time to 
prepare and submit his budget.
    Section 3 includes most of the other amendments made the 
Congressional Budget and Impoundment Control Act.
    Section 3(a) amends section 2 of the Act to make a 
conforming change to the statement of the purposes of the Act. 
Section 3(b) adds a definition for ``biennium'' and makes a 
conforming change to the definition of a budget resolution.
    Section 3(c) amends section 301 to require the Congress to 
complete action on a biennial budget resolution by May 15th of 
each odd-numbered year; to required the budget resolution to 
cover the biennium, and each of the ensuing four years; to make 
conforming changes regarding requirements for hearings and 
reports on budgets; to add a requirement that the Budget 
Committees report a biennial budget resolution by April 1st of 
each year; and to make other conforming changes to the section; 
and, to make conforming changes to the section heading and the 
table of contents of the Act.
    Section 3(d) amends section 302 of the Budget Act, 
regarding committee allocations, to require the conference 
report on a budget resolution to include an allocation of 
budget authority and outlays to each committee for each year in 
the biennium and the total of all fiscal years covered by the 
resolution. This subsection also makes conforming change to 
subsections (f) and (g) of section 302.
    Section 3(e) amends section 303 of the Budget Act, 
regarding the point of order against spending and revenue 
legislation affecting future fiscal years to make a conforming 
change to provide that such legislation cannot be considered 
until the budget resolution for a biennium is adopted.
    Section 3(f) makes conforming changes to section 304 of the 
Budget Act, regarding revisions of budget resolutions. This 
subsection maintains current law which allows Congress to 
revise the budget resolution at any time.
    Section 3(g) amends section 305 to make a conforming change 
regarding a reference to the budget resolution.
    Section 3(h) and (i) amend sections 307 and 309 to make 
conforming changes regarding the deadlines for completion of 
appropriations bills.
    Section 3(j) amends section 310 to make conforming changes 
regarding reconciliation.
    Section 3(k) amends section 311 to provide that a point of 
order will lie against any legislation that would cause the 
total budget authority, outlay, Social Security surplus or 
deficit levels to be breached in either fiscal year of the 
biennium or that would cause revenue, Social Security surplus 
or deficit levels to breached for the sum of all the fiscal 
years covered by the resolution. Currently, budget authority 
and outlay levels are enforced for the sum of all fiscal years 
covered by the budget resolution and Social Security surplus or 
deficit levels and total revenues are enforced for the first 
fiscal year and the total of all fiscal years covered by the 
budget resolution.
    Section 3(l) amends section 312(c) to make conforming 
changes.
    Section 4 amends the Senate pay-as-you-go point of order 
that prohibits consideration of legislation that would increase 
the deficit over a ten year period. The current Senate pay-as-
you-go point of order prohibits consideration of legislation 
that would increase the deficit in the first year, the sum of 
the first five years, or the sum of the last five years. 
Section 4 modifies this point of order to prohibit 
consideration of legislation that would increase the deficit 
for the sum of the first two years (the biennium), the sum of 
the first six years, or the sum of the last four years.
    Section 5 amends the relevant sections of Title 31 of the 
U.S. Code regarding materials the President's budget submission 
and related documents.
    Section 5(a) amends section 1101 to add a definition of 
``biennium''.
    Section 5(b) amends section 1105 to require the President 
to submit the budget no later than the first Monday of February 
in every odd-numbered year (note: the schedule in section 
300(b) of the Budget Act applies for years in which a new 
President is elected). Section 5(b) also amends a number of 
requirements in section 1105 to conform the President's budget 
to a biennial budget. This includes a requirement that the 
President's budget propose levels for each fiscal year in the 
biennium and projections for the four succeeding years.
    Section 5(c) amends section 1105(b), regarding estimated 
expenditures and proposed appropriations for the legislative 
and judicial branches, to require the submittal of these these 
proposals to the President by October 16th of even-number 
years.
    Subsections (d) and (e) of section 5 make conforming 
changes to section 1105 regarding the President's 
recommendations if there is a proposed deficit or surplus and 
regarding capitol investment analyses.
    Section 5(f) amends section 1106 to change requirements 
regarding the President's ``Mid-session Review''. Current law 
requires the President to submit the Mid-session Review before 
July 16 of each year. Section 5(f) requires the President to 
submit a ``Mid-biennium Review'' before February 15 of each 
even-numbered year. With this modification, the President will 
submit his biennial budget at the beginning of each odd-
numbered year and provide updated information on the budget at 
the beginning of each even-numbered year.
    Section 5(g) amends section 1109 to make conforming changes 
to require the President to submit current services estimates 
for the upcoming biennium and to require the Joint Economic 
Committee to submit an economic evaluation to the Budget 
Committee as part of its views and estimates report. This 
subjection also makes two technical corrections to require the 
Presidentto submit the current services information with his 
budget submission and to require the Joint Economic Committee to submit 
its economic evaluation within 6 weeks of the President's budget 
submission.
    Section 5(h) makes amendments to provisions regarding a 
requirement that the President make year-ahead requests on 
authorization legislation to require the President to submit 
requests for authorization legislation by March 31st of even-
numbered years.
    Section 6 amends section 105 of Title I of the U.S. Code 
regarding the form and style of appropriations Acts to require 
that they cover two years.
    Section 7 adds a new section 316 to the Budget Act that 
establishes two new points of order in the Congress against 
authorization legislation. The first point of order prohibits 
consideration of authorization legislation that covers less 
than 2 years except for temporary activities. The second point 
of order prohibits consideration of authorization or revenue 
legislation until the Congress has completed action on the 
biennial budget resolution, biennial appropriation bills, and 
all reconciliation bills. These two points of order to do not 
apply to appropriations measures, reconciliation bills, 
privileged matters, treaties or nominations. Both points of 
order can be waived by a simple majority.
    Section 8 amends the Government and Performance and Results 
Act of 1993 (the Results Act) to incorporate GPRA into the 
biennial budget cycle.
    The Results Act requires federal agencies to develop 
strategic plans, performance plans, and performance reports. 
Strategic plans set out the agencies' missions and general 
goals. Performance plans lay out the specific quantifiable 
goals and measures. Performance reports compare actual 
performance with the goals of past performance plans.
    The Results Act currently requires federal agencies to 
consult with congressional committees as they develop their 
strategic plans. The Results Act requires all federal agencies 
to submit their strategic and performance plans to the Office 
of Management and Budget, along with their budget submissions, 
by September 30 of each year. Finally, the Results Act requires 
the President to include a performance plan for the entire 
government.
    Subsections (a) through (g) of section 8 amend section 306 
of title 5, sections 1105, 1119 and 9703 of title 31, and 
sections 2802 and 2803 of title 39 of require agencies to 
prepare strategic and performance plans every two years, in 
conjunction with the President's development of a biennial 
budget. In addition, these amendments make other changes to 
conform strategic and performance plans to the biennial budget.
    Section 8(h) amends section 301(d) of the Budget Act to 
require Congressional committees to review the strategic plans, 
performance plans, and performance reports of agencies in their 
jurisdiction. Committees may then provide their views on the 
agency's plans or reports as part of their views and estimates 
report submitted to the Budget Committee.
    Section 8(i) provides that the amendments by this section 
shall take effect on the date of enactment.
    Section 9 amends the Budget Act to add a new section 315 
that provides a majority point of order against consideration 
in any odd-numbered year of a regular appropriations bill that 
fails to fund both years of the biennium. This point of order 
does not apply to supplemental or continuing resolutions.
    Section 10 requires OMB to conduct a study within 6 months 
of enactment of the feasibility of converting the fiscal year 
to a two year period.
    Section 11(a) provides an effective date for the Act and a 
transition period and generally provides that the Act takes 
effect on January 1, 2001. Section 11(b) requires the 
authorizing committees to begin considering two year 
authorization legislation beginning with calendar year 2000. 
This section. The result is that the authorizing committees 
will act on legislation for the fiscal year 2002-2003 biennium 
in calendar year 2000. The budget and appropriations committees 
will then follow by developing a budget resolution and 13 
appropriations bills for the fiscal year 2002-2003 biennium in 
calendar year 2001.

                 VII. Regulatory Impact of Legislation

    Paragraph 11(b)(1) of rule XXVI of the Standing Rules of 
the Senate requires that each report accompanying a bill 
evaluate ``the regulatory impact which would be incurred in 
carrying out this bill.''
    The enactment of this legislation will not have significant 
regulatory impact. S. 92 contains no intergovernmental or 
private-sector mandates as defined in the Unfunded Mandates 
Reform Act and would have no impact on state, local or tribal 
governments.

            VIII. Congressional Budget Office Cost Estimate

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, March 5, 1999.
Hon. Fred Thompson,
Chairman, Committee on Governmental Affairs,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 92, the Biennial 
Budgeting and Appropriations Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Mary 
Maginniss.
            Sincerely,
                                          Barry B. Anderson
                                    (For Dan L. Crippen, Director).
    Enclosure.

S. 92--Biennial Budgeting and Appropriations Act

    Summary: CBO estimates that shifting the federal budgetary 
and appropriations process from an annual to a biennial cycle, 
as required by S. 92, would not result in any significant cost 
or savings to the federal government. Because the bill would 
not affect direct spending or receipts, pay-as-you-go 
procedures would not apply. S. 92 contains no intergovernmental 
or private-sector mandates as defined in the Unfunded Mandates 
Reform Act (UMRA) and would have no impact on state, local, or 
tribal governments.
    Description of the bill's major provisions: Under S. 92, 
the Congress and the President would act on budgetary matters 
every other year. The first session of each Congress would be 
devoted to budgetary actions--the President's budget, the 
budget resolution, and appropriation and reconciliation acts--
under a schedule that parallels the current annual timetable. 
The second session would generally be reserved for nonbudgetary 
activities, including planning, oversight, and authorizing 
legislation, and for any needed adjustments in budget laws 
enacted in the first session or in earlier years. CBO and the 
Office of Management and Budget would be required to prepare 
reports of updated budget estimates during this second session.
    A biennium composed of two separate fiscal years would 
become the standard fiscal period. The fiscal biennium would 
begin on October 1 of each odd-numbered year, and end on 
September 30 two years later. The first biennium would begin 
October 1, 2001 (the start of fiscal year 2002). Budgets would 
cover two-year periods. The President's budget and the 
Congressional budget resolution would cover three successive 
bienniums (a six-year period), and regular appropriation acts 
would be required to provide funds for a full biennium. Various 
rules and procedures in the Senate and the House would be 
established to enforce the biennial budget process. S. 92 also 
would conform the Government Performance and Results Act of 
1993 to the two-year budget cycle.
    Estimated cost to the Federal government: In many respects, 
the proposed budget process would not differ significantly from 
current practice. The President now prepares multiyear revenue 
and spending estimates in his annual budget, and budget 
resolutions include recommended revenue and spending levels for 
the next five fiscal years. Further, most revenue and spending 
law is permanent and would not be affected by any changes that 
S. 92 would trigger in the annual appropriations process. 
Relative to current law and practices, it is the annual 
appropriation process--in which lawmakers both act on and 
provide funds one year at a time--the biennial budgeting would 
affect most significantly.
    Biennial budgeting has the potential to streamline the 
budget process, thereby freeing up time for the Congress to 
conduct oversight reviews of programs and for executive branch 
agencies to focus more on long-range planning and program 
management. Overtime, some costs for staff and other resources 
used to prepare an annual budget might decrease by moving to a 
biennial cycle. Initially, however, S. 92 would likely increase 
federal costs. In fiscal year 2002, preparing precise budget 
estimates for two years instead of one would probably 
necessitate an increase in agency effort. Although the first 
year of the biennium would be expected to continue to consume 
the larger portion of the workload associated with budget 
preparation, costs in the first year of the biennium should 
decline somewhat after 2002.
    In the second year of the biennium, Congressional and 
federal agencies would continue to monitor, and in some cases, 
revise budgetary estimates and requests in order to respond to 
changes in the economy and to fund emergencies and other 
unanticipated events. Based on a study analyzing the 
experiences in states with budgeting, concrete estimates of 
time savings in the second year are hard to substantiate. CBO 
cannot quantify the precise budgetary impact of adopting 
biennial budgeting at the federal level, but we expect that any 
such impact would not be significant. Costs or savings in the 
preparation or execution of the budget would primarily affect 
discretionary spending and thus would be subject to 
appropriation action.
    CBO assumes that enacting S. 92 would not change the period 
of availability or the amount of appropriated funds. In recent 
years, annual appropriations have already included multiple-
year or no-year funding for about two-thirds of the accounts 
within the jurisdiction of the appropriations committees. In 
some cases, advance appropriations are made available. If, for 
example, the Congress were to change its procedures to allow 
agencies to use funds not spent in the first year of the 
biennnium in the second year, total spending could increase, 
and the timing of outlays could shift. However, we have no 
basis for assuming that the Congress would change the period of 
time for which funds would be made available to agencies under 
the biennial budgeting process. If the discretionary spending 
caps are in place and enforced, such control would effectively 
limit the total of any such spending, regardless of the year in 
which the authority was provided.
    Pay-as-you-go-considerations: None.
    Intergovernmental and private-sector impact: S. 92 contains 
no intergovernmental or private-sector mandates as defined in 
UMRA and would have no impact on state, local, or tribal 
governments.
    Estimate prepared by: Mary Maginniss.
    Estimate approved by: Robert A. Sunshine, Deputy Assistant 
Director for Budget Analysis.

                IX. ADDITIONAL VIEWS OF SENATOR STEVENS

    These additional comments are submitted to accompany the 
Committee on Governmental Affairs Report on the Biennial 
Budgeting and Appropriations Act of 1999 and to provide for the 
record my objection to the provision that requires a biennial 
Appropriation.
    The stated purpose of S. 92 is, ``to increase Congressional 
control of the budget process by reducing the amount of time 
spent on budget matters while improving the quality of those 
deliberations.'' The bill also states, ``Enactment of a two-
year budget cycle will better provide for agency long-term 
planning and careful Congressional oversight while increasing 
stability and coherence in the collection and disbursement of 
Federal funds.''
    S. 92 does just the opposite of increasing Congressional 
control. I am primarily opposed to the two-year appropriation 
because it takes away a very key Constitutional mandate over 
the budget and spending authority. The framers of the 
Constitution intended that the Congress provide oversight on 
spending. The two-year appropriation provision of the bill is 
inconsistent with that intent. A two-year process places too 
much authority in the hands of the Executive and reduces 
Congress' authority over the purse. Throughout the year, we 
experience instances where spending by the Administration is 
not in compliance with Congressional intent. Annual 
appropriations give the Congress the ability to fulfill its 
oversight responsibilities annually and make adjustments to 
ensure the intent is being carried out.
    I am not opposed to a biennial budget. Although the budget 
process is very cumbersome and slow, it can be made more 
responsive. However, I do not believe that extending 
appropriations does anything to make that process more 
responsive.
    Some believe that biennial appropriations will improve the 
budget process by facilitating the completion of appropriations 
on time. A biennial appropriation bill would not settle any of 
the budget process problems. The process remains intact and 
problematic. The needed changes must occur in the front-end of 
the budget process. The problem lies in trying to reach 
bipartisan agreements on Budget Resolutions and Debt limits. 
Changes to this process must occur to solve the underlying 
problem.
    During the Committee Executive Session, some argued that 
the appropriation process needs to be changed because too much 
of the calendar year is taken up by roll call votes on 
appropriations issues. A supporter of S. 92 asserted that in a 
recent year, votes on appropriations measures accounted for 
about 80 percent of all roll call votes.
    This is simply not the case. In 1996, budget-related roll 
call votes accounted for 73 percent of all roll call votes in 
the Senate. According to the attached chart which was provided 
by the Congressional Research Service, the roll call votes on 
the 13 appropriations bills accounted for only 26 percent of 
the total number of roll call votes in 1996, only 28 percent in 
1997, and 24 percent in 1998. These appropriations roll call 
votes obviously have included votes on authorizing and other 
proposals not necessarily relevant to the appropriations 
process. It is also worth noting that in some years, the roll 
call votes on the budget resolution have comprised more than 10 
percent of the total roll call votes.
    On average only about 22 percent of roll call votes in the 
Senate are related to the 13 appropriations bills. The number 
of budget-related roll call votes in the Senate between 1955 
and 1996 are indicated in the attached table. In addition, the 
number of roll call votes for appropriations also include votes 
on non-germane issues that have little or nothing to do with 
the bills but end up being very time-consuming.
    I believe there are ways to make the annual appropriations 
process move more quickly without undermining Congress' 
Constitutional responsibilities with respect to expenditures 
from the Treasury. I strongly oppose a biennial process.

                                                       Ted Stevens.

                  X. MINORITY VIEWS OF SENATOR DURBIN

    To the extent that this bill would replace the present 
annual appropriations cycle with a biennial process, I must 
respectfully state my objections.
    This bill aims to reduce the amount of time spent on the 
budget process and provide more time for evaluation and review 
of Federal agency program performance. The budget process is 
complex and time-consuming, and it is important that we 
scrutinize Federal programs to ensure Federal funds are being 
spent properly.
    Yet, by limiting the frequency of the appropriations 
process, this measure would sacrifice one of the most valuable 
oversight mechanisms we have available.
    There is no more effective way to focus the attention of 
Federal program administrators than to have their budgets at 
stake. Requiring agencies to justify and defend their programs 
and budgets every year is a critical element of our effort to 
evaluate how Federal programs are functioning and how funds are 
expended. Under the existing annual structure, if agency 
expenditures are inconsistent with Congressional intent, 
Congress can address the situation within the year in the next 
appropriation. Under biennial appropriations, Congress would 
frequently have to do without its strongest tool.
    Why would we want to diminish our authority to control 
spending? Curtailing the amount and frequency of oversight by 
appropriators directly contradicts one of the declared 
objectives of this bill--to increase opportunities for agency 
oversight. The ultimate oversight is the power of the purse. To 
restrain and weaken that process under the guise of expanding 
oversight misapprehends the critical role that appropriations 
committees play in oversight. Cutting back on that control of 
spending, in my estimation, would be a serious mistake.
    Some proponents suggest that a biennial appropriations 
process would offer greater flexibility in fund availability. 
Congress already has and routinely exercises its authority to 
provide multi-year money or advance money where the program 
cycle requires or where it is sensible to do so. Use of this 
authority is demonstrated in a host of program accounts, 
including title I and other education programs,the Corporation 
for Public Broadcasting, the Low Income Home Energy Assistance 
Program, State grants for Medicaid, and various defense 
procurement programs. The fact that Congress currently 
accommodates needs in this way, and could broaden its use of 
that authority where appropriate, underscores that it is not 
necessary to change the decision cycle in order to change how 
long money is available.
    Even under an annual appropriations system, making precise 
projections about agency needs is difficult. Under the current 
annual cycle, the formulation of the President's budget begins 
15 to 18 months prior to the beginning of the fiscal year for 
which funding decisions will be made. In its Economic and 
Budget Outlook: Fiscal Years 1998-2007, the Congressional 
Budget Office compares actual budget totals and the first 
budget resolution estimates. The discrepancies between these 
figures clearly illustrate how, even on an annual basis, 
projections of outlays, revenues, and estimates can miss the 
mark.
    Since the time lag between initial forecasts and actual 
budget execution creates difficulties even in an annual 
environment, it is hard to conceive how extending the budget 
lead time to 27 or 30 months would enhance the reliability or 
quality of the estimates, improve the capacity of the executive 
branch to foresee future needs, or eliminate unanticipated 
funding requirements. Increased difficulty in forecasting was a 
primary reason several States gave for switching from biennial 
to annual budget cycles. The federal government is not immune 
from this problem.
    Advocates suggest that biennial appropriations could 
provide agencies with greater stability and certainty about the 
level of available resources. However, as former OMB Director 
Franklin Raines has testified, the potential for that stability 
is dependent on whether second year appropriations remain 
unchanged by supplemental bills.
    Many proponents of comprehensive biennial budgeting 
acknowledge that an increase in supplementals can be expected 
under a biennial environment. Given that supplemental spending 
bills have already become almost routine under the present 
appropriations process, it appears clear that we would 
ultimately be engaged in appropriation decisions annually even 
if Congress adopted a biennial appropriations process. However, 
the supplemental bills would become more elaborate and 
comprehensive, and the `biennial' nature of the appropriations 
cycle would be, for all practical purposes, one in name only.
    I am skeptical that a shift to biennial appropriations 
would actually reduce the time and attention Congress would 
need to devote to spending decisions. In fact, it is possible 
that the appropriations process would become more contentious 
and protracted as Congress fought over what programs should be 
cut--despite their biennial appropriation--to offset 
unanticipated spending increases needed in the so-called ``off-
year.''
    Finally, it is not necessary to abandon annual 
appropriations in order to invigorate the authorizing 
committees and help them engage in more focused and 
deliberative oversight. Retaining annual appropriations will 
not interfere with more intensive oversight by the authorizing 
committees. In fact, the oversight function will be more 
effective if the regular annual appropriations process remains 
available to accommodate the needs identified through enhanced 
oversight by authorizing committees.
    Biennial budgeting may have its merits, but those merits do 
not extend to the appropriations process. I hope my colleagues 
will recognize the distinctions, and leave the annual 
appropriations process intact.
                                                       Dick Durbin.

                      XI. Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the bill, as reported are shown as follows:

        Congressional Budget And Impoundment Control Act of 1974

                    Short Titles; Table of Contents

    Sec. 1(a). * * *
    (b) Table of Contents.--
     * * * * * * *
Sec. 300. Timetable
Sec. 301. Biennial Adoption of concurrent resolution on the budget
Sec. 302. Committee Allocations
Sec. 303. Concurrent resolution on the budget must be adopted before 
          budget-related legislation is considered.
Sec. 304. Permissible revisions of concurrent resolutions of the budget.
Sec. 305. Provisions relating to the consideration of concurrent 
          resolutions on the budget.
     * * * * * * *
Sec. 307. House Committee action on all appropriation bills to be 
          completed by June 10.
     * * * * * * *
Sec. 309. House approval of regular appropriation bills.
Sec. 310. Reconciliation
Sec. 311. Budget-related legislation must be within appropriate levels.
Sec. 312. Determination and points of order.
     * * * * * * *
Sec. 316. Authorization of appropriation.
Sec. 317. Consideration of biennial appropriations bills.

           *       *       *       *       *       *       *


                        Declaration of Purposes

    Sec. 2. The Congress declares that it is essential--
          (1) to assure effective congressional control over 
        the budgetary process;
          (2) to provide for the congressional determination 
        [each year] biennially of the appropriate level of 
        Federal revenues and expenditures;
          (3) to provide a system of impoundment control;
          (4) to establish national budget priorities; and
          (5) to provide for the furnishing of information by 
        the executive branch in a manner that will assist the 
        Congress in discharging its duties.

           *       *       *       *       *       *       *

    Sec. 3. In General.--For purposes of this Act--
          (1) The terms ``budget outlays'' and ``outlays'' 
        mean, with respect to any fiscal year, expenditures and 
        net lending of funds under budget authority during such 
        year.
          (2) Budget authority and new budget authority.--
                  (A) In general.--The term ``budget 
                authority'' means the authority provided by 
                Federal law to incur financial obligations, as 
                follows:
                          (i) provisions of law that make funds 
                        available for obligation and 
                        expenditure (other than borrowing 
                        authority), including the authority to 
                        obligate and expend the proceeds of 
                        offsetting receipts and collections;
                          (ii) borrowing authority, which means 
                        authority granted to a Federal entity 
                        to borrow and obligate and expend the 
                        borrowed funds, including through the 
                        issuance of promissory notes or other 
                        monetary credits;
                          (iii) contract authority, which means 
                        the making of funds available for 
                        obligation but not for expenditure; and
                          (iv) offsetting receipts and 
                        collections as negative budget 
                        authority, and the reduction thereof as 
                        positive budget authority.
                  (B) Limitations on budget authority.--With 
                respect to the Federal Hospital Insurance Trust 
                Fund, the Supplementary Medical Insurance Trust 
                Fund, the Unemployment Trust Fund, and the 
                railroad retirement account, any amount that is 
                precluded from obligation in a fiscal year by a 
                provision of law (such as a limitation or a 
                benefit formula) shall not be budget authority 
                in that year.
                  (C) New budget authority.--The term ``new 
                budget authority'' means, with respect to a 
                fiscal year--
                          (i) budget authority that first 
                        becomes available for obligation in 
                        that year, including budget authority 
                        that becomes available in that year as 
                        a result of a reappropriation; or
                          (ii) a change in any account in the 
                        availability of unobligated balances of 
                        budget authority carried over from a 
                        prior year, resulting from a provision 
                        of law first effective in that year;
                and includes a change in the estimated level of 
                new budget authority provided in indefinite 
                amounts by existing law.
          (3) The term ``tax expenditures'' means those revenue 
        losses attributable to provisions of the Federal tax 
        laws which allow a special exclusion, exemption, or 
        deduction from gross income or which provide a special 
        credit, a preferential rate of tax, or a deferral of 
        tax liability, and the term ``tax expenditures budget'' 
        means an enumeration of such tax expenditures.
          (4) The term ``concurrent resolution on the budget'' 
        means--
                  (A) a concurrent resolution setting forth the 
                congressional budget for the United States 
                Government for a [fiscal year] biennium as 
                provided in section 301; and
                  (B) any other concurrent resolution revising 
                the congressional budget for the United States 
                Government for a [fiscal year] biennium as 
                described in section 304.
          (5) The term ``appropriation Act'' means an Act 
        referred to in section 105 of title 1, United States 
        Code.
          (6) The term ``deficit'' means, with respect to a 
        fiscal year, the amount by which outlays exceeds 
        receipts during that year.
          (7) The term ``surplus'' means, with respect to a 
        fiscal year, the amount by which receipts exceeds 
        outlays during that year.
          (8) The term ``government-sponsored enterprise'' 
        means a corporate entity created by a law of the United 
        States that--
                  (A)(i) has a Federal charter authorized by 
                law;
                  (ii) is privately owned, as evidenced by 
                capital stock owned by private entities or 
                individuals;
                  (iii) is under the direction of a board of 
                directors, a majority of which is elected by 
                private owners;
                  (iv) is a financial institution with power 
                to--
                          (I) make loans or loan guarantees for 
                        limited purposes such as to provide 
                        credit for specific borrowers or one 
                        sector; and
                          (II) raise funds by borrowing (which 
                        does not carry the full faith and 
                        credit of the Federal Government) or to 
                        guarantee the debt of others in 
                        unlimited amounts; and
                  (B)(i) does not exercise powers that are 
                reserved to the Government as sovereign (such 
                as the power to tax or to regulate interstate 
                commerce);
                  (ii) does not have the power to commit the 
                Government financially (but it may be a 
                recipient of a loan guarantee commitment made 
                by the Government); and
                  (iii) has employees whose salaries and 
                expenses are paid by the enterprise and are not 
                Federal employees subject to title 5 of the 
                United States Code.
          (9) The term ``entitlement authority'' means--
                  (A) the authority to make payments (including 
                loans and grants), the budget authority for 
                which is not provided for in advance by 
                appropriation Acts, to any person or government 
                if, under the provisions of the law containing 
                that authority, the United States is obligated 
                to make such payments to persons or governments 
                who meet the requirements established by that 
                law; and
                  (B) the food stamp program.
          (10) The term ``credit authority'' means authority to 
        incur direct loan obligations or to incur primary loan 
        guarantee commitments.
          (11) The term ``biennium'' means the period of 2 
        consecutive fiscal years beginning on October 1 of any 
        odd-numbered year.

           *       *       *       *       *       *       *


                TITLE III--CONGRESSIONAL BUDGET PROCESS


                               Timetable

    Sec. 300. [The timetable with respect to the congressional 
budget process for any fiscal year is as follows:] (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 Hundredth Seventh Congress) is 
as follows:

------------------------------------------------------------------------
              On or before--                  Action to be completed--
------------------------------------------------------------------------
                              First Session

First Monday in February..................  President submits his budget
                                             recommendations.
February 15...............................  Congressional Budget Office
                                             submits report to Budget
                                             Committees.
Not later than 6 weeks after [President     Committees submit views and
 submits] budget submission.                 estimates to Budget
                                             Committees.
April 1...................................  [Senate] Budget Committees
                                             report concurrent
                                             resolution on the biennial
                                             budget.
[April] May 15............................  Congress completes action on
                                             concurrent resolution on
                                             the biennial budget.
May 15....................................  [Annual] Biennial
                                             appropriation bills may be
                                             considered in the House.
June 10...................................  House Appropriations
                                             Committee reports last
                                             [annual] biennial
                                             appropriation bill.
[June 15].................................  [Congress completes action
                                             on reconciliation
                                             legislation.]
June 30...................................  House completes action on
                                             [annual] biennial
                                             appropriation bills.
August 1..................................  Congress Completes action on
                                             reconciliation legislation.
October 1.................................  [Fiscal year] Biennium
                                             begins.

                             Second Session

February 15...............................  President submits budget
                                             review.
Not later than 6 weeks after President      Congressional Budget Office
 submits budget review.                      submits report to Budget
                                             Committee.
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) begins, the following dates 
shall supersede those set forth in subsection (a):

------------------------------------------------------------------------
              On or before--                  Action to be completed--
------------------------------------------------------------------------
                              First Session

First Monday in April.....................  President submits budget
                                             recommendations.
April 20..................................  Committees submit views and
                                             estimates to Budget
                                             Committee.
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.
------------------------------------------------------------------------

   [annual] Biennial adoption of concurrent resolution on the budget

    Sec. 301. (a) Content of Concurrent Resolution on the 
Budget.--On or before [April 15 of each year] May 15 of each 
odd-numbered year, the Congress shall complete action on a 
concurrent resolution on the budget for [the fiscal year 
beginning on October 1 of such year] the biennium beginning on 
October 1 of such year. The concurrent resolution shall set 
forth appropriate levels for [the fiscal year beginning on 
October 1 of such year] each fiscal year in such period and for 
at least each of the 4 ensuing fiscal years for the following--
          (1) totals of new budget authority and outlays;
          (2) 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;
          (3) the surplus or deficit in the budget;
          (4) new budget authority and outlays for each major 
        functional category, based on allocations of the total 
        levels set forth pursuant to paragraph (1);
          (5) the public debt;
          (6) For purposes of Senate enforcement under this 
        title, outlays of the old-age, survivors, and 
        disability insurance program established under title II 
        of the Social Security Act [for the fiscal year] for 
        each fiscal year in the biennium of the resolution and 
        for each of the 4 succeeding fiscal years; and
          (7) For purposes of Senate enforcement under this 
        title, revenues of the old-age, survivors, and 
        disability insurance program established under title II 
        of the Social Security Act (and the related provisions 
        of the Internal Revenue Code of 1986) for [the fiscal 
        year] each fiscal year in the biennium of the 
        resolution and for each of the 4 succeeding fiscal 
        years.
    The concurrent resolution shall not include the outlays and 
revenue totals of the old age, survivors, and disability 
insurance program established under title II of the Social 
Security Act or the related provisions of the Internal Revenue 
Code of 1986 in the surplus or deficit totals required by this 
subsection or in any other surplus or deficit totals required 
by this title.
    (b) Additional Matters in Concurrent Resolution.--The 
concurrent resolution on the budget may--
          (1) set forth, if required by subsection (f), the 
        calendar year in which, in the opinion of the Congress, 
        the goals for reducing unemployment set forth in 
        section 4(b) of the Employment Act of 1946 should be 
        achieved;
          (2) include reconciliation directives described in 
        section 310;
          (3) require a procedure under which all or certain 
        bills or resolutions providing new budget authority or 
        new entitlement authority [for such fiscal year] for 
        either fiscal year in such biennium shall not be 
        enrolled until the Congress has completed action on any 
        reconciliation bill or reconciliation resolution or 
        both required by such concurrent resolution to be 
        reported in accordance with section 310(b);
          (4) set forth such other matters, and require such 
        other procedures, relating to the budget, as may be 
        appropriate to carry out the purposes of this Act;
          (5) include a heading entitled ``Debt Increase as 
        Measure of Deficit'' in which the concurrent resolution 
        shall set forth the amounts by which the debt subject 
        to limit (in section 3101 of title 31 of the United 
        States Code) has increased or would increase in each of 
        the relevant fiscal years;
          (6) include a heading entitled ``Display of Federal 
        Retirement Trust Fund Balances'' in which the 
        concurrent resolution shall set forth the balances of 
        the Federal retirement trust funds;
          (7) set forth procedures in the Senate whereby 
        committee allocations, aggregates, and other levels can 
        be revised for legislation if that legislation would 
        not increase the deficit, or would not increase the 
        deficit when taken with other legislation enacted after 
        the adoption of the resolution, for the first fiscal 
        year or the total period of fiscal years covered by the 
        resolution;
          (8) set forth procedures to effectuate pay-as-you-go 
        in the House of Representatives; and
          (9) set forth direct loan obligation and primary loan 
        guarantee commitment levels.
    (c) Consideration of Procedures or Matters Which Have the 
Effect of Changing Any Rule of the House of Representatives.--
If the Committee on the Budget of the House of Representatives 
reports any concurrent resolution on the budget which includes 
any procedure or matter which has the effect of changing any 
rule of the House of Representatives, such concurrent 
resolution shall then be referred to the Committee on Rules 
with instructions to report it within five calendar days (not 
counting any day on which the House is not in session). The 
Committee on Rules shall have jurisdiction to report any 
concurrent resolution referred to it under this paragraph with 
an amendment or amendments changing or striking out any such 
procedure or matter.
    (d) Views and Estimates of Other Committees.--Within 6 
weeks after the President submits a budget under section 
1105(a) of title 31, United States Code (or, if applicable, as 
provided by section 300(b)), or at such time as may be 
requested by the Committee on the Budget, each committee of the 
House of Representatives having legislative jurisdiction shall 
submit to the Committee on the Budget of the House and each 
committee of the Senate having legislative jurisdiction shall 
submit to the Committee on the Budget of the Senate its views 
and estimates (as determined by the committee making such 
submission) with respect to all mattersset forth in subsections 
(a) and (b) which relate to matters within the jurisdiction or 
functions of such committee. The Joint Economic Committee shall submit 
to the Committees on the Budget of both Houses its recommendations as 
to the fiscal policy appropriate to the goals of the Employment Act of 
1946. Any other committee of the House of Representatives or the Senate 
may submit to the Committee on the Budget of its House, and any joint 
committee of the Congress may submit to the Committees on the Budget of 
both Houses, its views and estimates with respect to all matters set 
forth in subsections (a) and (b) which relate to matters within its 
jurisdiction or functions. Any Committee of the House of 
Representatives or the Senate that anticipates that the committee will 
consider any proposed legislation establishing, amending, or 
reauthorizing any Federal program likely to have a significant 
financial impact on the private sector, including any legislative 
proposal submitted by the executive branch likely to have such a 
budgetary or financial impact, shall include its views and estimates on 
that proposal to the Committee on the Budget of the applicable House. 
Each committee of the Senate or the House of Representatives shall 
review the strategic plans, performance plans, and performance reports, 
required under section 306 of title 5, United States Code, and sections 
1115 and 1116 of title 31, United States Code, of all agencies under 
the jurisdiction of the committee. Each committee may provide its views 
on such plans or reports to the Committee on the Budget of the 
applicable House.
    (e) Hearings and Report.--
          (1) In general.--In developing the concurrent 
        resolution on the budget referred to in subsection (a) 
        for each [fiscal year] biennium, the Committee on the 
        Budget of each House shall hold hearings and shall 
        receive testimony from Members of Congress and such 
        appropriate representatives of Federal departments and 
        agencies, the general public, and national 
        organizations as the committee deems desirable. Each of 
        the recommendations as to short-term and medium-term 
        goal set forth in the report submitted by the members 
        of the Joint Economic Committee under subsection (d) 
        may be considered by the Committee on the Budget of 
        each House as part of its consideration of such 
        concurrent resolution, and its report may reflect its 
        views thereon, including its views on how the estimates 
        of revenues and levels of budget authority and outlays 
        set forth in such concurrent resolution are designed to 
        achieve any goals it is recommending. On or before 
        April 1 of each 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.
          (2) Required contents of report.--The report 
        accompanying the resolution shall include--
                  (A) a comparison of the levels of total new 
                budget authority, total outlays, total 
                revenues, and the surplus or deficit for each 
                fiscal year set forth in the resolution with 
                those requested in the budget submitted by the 
                President;
                  (B) with respect to each major functional 
                category, an estimate of total new budget 
                authority and total outlays, with the estimates 
                divided between discretionary and mandatory 
                amounts;
                  (C) the economic assumptions that underlie 
                each of the matters set forth in the resolution 
                and any alternative economic assumptions and 
                objectives the committee considered;
                  (D) information, data, and comparisons 
                indicating the manner in which, and the basis 
                on which, the committee determined each of the 
                matters set forth in the resolution;
                  (E) the estimated levels of tax expenditures 
                (the tax expenditures budget) by major items 
                and functional categories for the President's 
                budget and in the resolution; and
                  (F) allocations described in section 302(a).
          (3) Additional contents of report.--The report 
        accompanying the resolution may include--
                  (A) a statement of any significant changes in 
                the proposed levels of Federal assistance to 
                State and local governments;
                  (B) an allocation of the level of Federal 
                revenues recommended in the resolution among 
                the major sources of such revenues;
                  (C) information, data, and comparisons on the 
                share of total Federal budget outlays and of 
                gross domestic product devoted to investment in 
                the budget submitted by the President and in 
                the resolution;
                  (D) the assumed levels of budget authority 
                and outlays for public buildings, with a 
                division between amounts for construction and 
                repair and for rental payments; and
                  (E) other matters, relating to the budget and 
                to fiscal policy, that the committee deems 
                appropriate.
      (f) Achievement of Goals for Reducing Unemployment.--
          (1) If, pursuant to section 4(c) of the Employment 
        Act of 1946, the President recommends in the Economic 
        Report that the goals for reducing unemployment set 
        forth in section 4(b) of such Act be achieved in a year 
        after the close of the five-year period prescribed by 
        such subsection, the concurrent resolution on the 
        budget for the [fiscal year] biennium beginning after 
        the date on which such Economic Report is received by 
        the Congress may set forth the year in which, in the 
        opinion of the Congress, such goals can be achieved.
          (2) After the Congress has expressed its opinion 
        pursuant to paragraph (1) as to the year in which the 
        goals for reducing unemployment set forth in section 4(b) 
        of the Employment Act of 1946 can be achieved, if, pursuant 
        to section 4(e) of such Act, the President recommends in 
        the Economic Report that such goals be achieved in a year 
        which is different from the year in which the Congress has 
        expressed its opinion that such goals should be achieved, 
        either in its action pursuant to paragraph (1) or in its 
        most recent action pursuant to this paragraph, the concurrent 
        resolution on the budget for the [fiscal year] biennium 
        beginning after the date on which such Economic Report is 
        received by the Congress may set forth the year in which, 
        in the opinion of the Congress, such goals can be achieved.
          (3) It shall be in order to amend the provision of 
        such resolution setting forth such year only if the 
        amendment thereto also proposes to alter the estimates, 
        amounts, and levels (as described in subsection (a)) 
        set forth in such resolution in germane fashion in 
        order to be consistent with the economic goals (as 
        described in sections 3(a)(2) and (4)(b) of the 
        Employment Act of 1946) which such amendment proposes 
        can be achieved by the year specified in such 
        amendment.
    (g) Economic Assumptions.--
          (1) It shall not be in order in the Senate to 
        consider any concurrent resolution on the budget [for a 
        fiscal year] for a biennium, or any amendment thereto, 
        or any conference report thereon, that sets forth 
        amounts and levels that are determined on the basis of 
        more than one set of economic and technical 
        assumptions.
          (2) The joint explanatory statement accompanying a 
        conference report on a concurrent resolution on the 
        budget shall set forth the common economic assumptions 
        upon which such joint statement and conference report 
        are based, or upon which any amendment could in the 
        joint explanatory statement to be proposed by the 
        conferees in the case of technical disagreement, is 
        based.
          (3) Subject to periodic reestimation based on changed 
        economic conditions or technical estimates, 
        determinations under title III and IV of the 
        Congressional Budget Act of 1974 shall be based upon 
        such common economic and technical assumptions.
    (h) Budget Committees Consultation With Committees.--The 
Committee on the Budget of the House of Representatives shall 
consult with the committees of its House having legislative 
jurisdiction during the preparation, consideration, and 
enforcement of the concurrent resolution on the budget with 
respect to all matters which relate to the jurisdiction or 
functions of such committees.
    (i) Social Security Point of Order.--It shall not be in 
order in the Senate to consider any concurrent resolution on 
the budget (or amendment, motion, or conference report on the 
resolution) that would decrease the excess of social security 
revenues over social security outlays in any of the fiscal 
years covered by the concurrent resolution. No change in 
chapter I of the Internal Revenue Code of 1986 shall be treated 
as affecting the amount of social security revenues unless such 
provision changes the income tax treatment of social security 
benefits.

                         committee allocations

    Sec.  302. (a) Committee Spending Allocations.--
          (1) Allocation among committees.--The joint 
        explanatory statement accompanying a conference report 
        on a concurrent resolution on the budget shall include 
        an allocation, consistent with the resolution 
        recommended in the conference report, of the levels 
        [for the fiscal year of the resolution] for each fiscal 
        year in the biennium, for the least each of the ensuing 
        4 fiscal years, and a total [for that period of fiscal 
        years] for all fiscal years covered by the resolution 
        (except in the case of the Committee on Appropriations 
        only [for the fiscal year of that resolution] for each 
        fiscal year of the biennium) of--
                  (A) total new budget authority; and
                  (B) total outlays;
        among each committee of the House of Representatives or 
        the Senate that has jurisdiction over legislation 
        providing or creating such amounts.
          (2) No double counting.--In the House of 
        Representatives, any item allocated to one committee 
        may not be allocated to another committee.
          (3) Further division of amounts.--
                  (A) In the senate.--In the Senate, the amount 
                allocated to the Committee on Appropriations 
                shall be further divided among the categories 
                specified in section 250(c)(4) of the Balanced 
                Budget and Emergency Deficit Control Act of 
                1985 and shall not exceed the limits for each 
                category set forth in section 251(c) of that 
                Act.
                  (B) In the house.--In the House of 
                Representatives, the amounts allocated to each 
                committee for each fiscal year, other than the 
                Committee on Appropriations, shall be further 
                divided between amounts provided or required by 
                law on the date of filing of that conference 
                report and amounts not so provided or required. 
                The amounts allocated to the Committee on 
                Appropriations shall be further divided--
                          (i) between discretionary and 
                        mandatory amounts or programs, as 
                        appropriate; and
                          (ii) consistent with the categories 
                        specified in section 250(c)(4) of the 
                        Balanced Budget and Emergency Deficit 
                        Control Act of 1985.
          (4) Amounts not allocated.--In the House of 
        Representatives or the Senate, if a committee receives 
        no allocation of new budget authority or outlays, that 
        committee shall be deemed to have received an 
        allocation equal to zero for new budget authority or 
        outlays.
          (5) Adjusting allocation of discretionary spending in 
        the house of representatives.--(A) If a concurrent 
        resolution on the budget is not adopted by April 15, 
        the chairman of the Committee on the Budget of the 
        House of Representatives shall submit to the House, as 
        soon as practicable, an allocation under paragraph (1) 
        to the Committee on Appropriations consistent with the 
        discretionary spending levels in the most recently 
        agreed to concurrent resolution on the budget for the 
        appropriate fiscal year covered by that resolution.
          (B) As soon as practicable after an allocation under 
        paragraph (1) is submitted under this section, the 
        Committee on Appropriations shall make suballocations 
        and report those suballocations to the House of 
        Representatives.
    (b) Suballocations by Appropriations Committees.--As soon 
as practicable after a concurrent resolution on the budget is 
agreed to, the Committee on Appropriations of each House (after 
consulting with the Committee on Appropriations of the other 
House) shall suballocate each amount allocated to it for the 
budget year under section (a) among its subcommittees. Each 
Committee on Appropriations shall promptly report to its House 
suballocations made or revised under this subsection. The 
Committee on Appropriations of the House of Representatives 
shall further divide among its subcommittees the divisions made 
under subsection (a)(3)(B) and promptly report those divisions 
to the House.
    (c) Point of Order.--After the Committee on appropriations 
has received an allocation pursuant to subsection (a) for a 
fiscal year, it shall not be in order in the House of 
Representatives or the Senate to consider any bill, joint 
resolution, amendment, motion, or conference report within the 
jurisdiction of that committee providing new budget authority 
for that fiscal year, until that committee makes the 
suballocations required by subsection (b)
    (d) Subsequent Concurrent Resolutions.--In the case of a 
concurrent resolution on the budget referred to in section 304, 
the allocations under subsection (a) and the subdivisions under 
subsection (b) shall be required only to the extent necessary 
to take into account revisions made in the most recently agreed 
to concurrent resolution on the budget.
    (e) Alteration of Allocations.--At any time after a 
committee reports the allocations required to be made under 
subsection (b), such committee may report to its House an 
alteration of such allocations. Any alteration of such 
allocations must be consistent with any actions already taken 
by its House on legislation within the committee's 
jurisdiction.
    (f) Legislation Subject to Point of Order.--
          (1) In the house of representatives.--After the 
        Congress has completed action on a concurrent 
        resolution on the budget [for a fiscal year] for a 
        biennium, it shall not be in order in the House of 
        Representatives to consider any bill, joint resolution, 
        or amendment providing new budget authority for any 
        fiscal year, or any conference report on any such bill 
        or joint resolution, if--
                  (A) the enactment of such bill or resolution 
                as reported;
                  (B) the adoption and enactment of such 
                amendment; or
                  (C) the enactment of such bill or resolution 
                in the form recommended in such conference 
                report,
        would cause the applicable allocation of new budget 
        authority made under subsection (a) for (b) [the first 
        fiscal year] each fiscal year of the biennium or the 
        total of fiscal years to be exceeded.
          (2) In the senate.--After a concurrent resolution on 
        the budget is agreed to it shall not be in order in the 
        Senate to consider any bill, joint resolution, 
        amendment, motion, or conference report that would 
        cause--
                  (A) in the case of any committee except the 
                Committee on Appropriations, the applicable 
                allocation of new budget authority or outlays 
                under subsection (a) for [the first fiscal 
                year] each fiscal year of the biennium or [the 
                total of fiscal years] the total of all fiscal 
                years to be covered by the resolution to be 
                exceeded; or
                  (B) in the case of the Committee on 
                Appropriations, the applicable suballocation of 
                new budget authority or outlays under 
                subsection (b) to be exceeded.
    (g) Pay-as-You-Go Exception in the House.--
          (1) In general.--(A) Subsection (f)(1) and, after 
        [April] May 15, section 303(a) shall not apply to any 
        bill or joint resolution, as reported, amendment 
        thereto, or conference report thereon if, for each 
        fiscal year covered by the most recently agreed to 
        concurrent resolution on the budget--
                  (i) the enactment of that bill or resolution 
                as reported;
                  (ii) the adoption and enactment of that 
                amendment; or
                  (iii) the enactment of that bill or 
                resolution in the form recommended in that 
                conference report,
        Would not increase the deficit, and, if the sum of any 
        revenue increases provided in legislation already 
        enacted during the current session (when added to 
        revenue increases, if any, in excess of any outlay 
        increase provided by the legislation proposed for 
        consideration) is at least as great as the sum of the 
        amount, if any, by which the aggregate level of Federal 
        revenues should be increased as set forth in that 
        concurrent resolution and the amount, if any, by which 
        revenues are to be increased pursuant to pay-as-you-go 
        procedures under section 301(b)(8), if included in that 
        concurrent resolution.
          (B) Section 311(a), as that section applies to 
        revenues, shall not apply to any bill, joint 
        resolution, amendment thereto, or conference report 
        thereon if, for each fiscal year covered by the most 
        recently agreed to concurrent resolution on the 
        budget--
                  (i) the enactment of that bill or resolution 
                as reported;
                  (ii) the adoption and enactment of that 
                amendment; or
                  (iii) the enactment of that bill or 
                resolution in the form recommended in that 
                conference report,
        would not increase the deficit, and, if the sum of any 
        outlay reductions provided in legislation already 
        enacted during the current session (when added to 
        outlay reductions, if any, in excess of any revenue 
        reduction provided by the legislation proposed for 
        consideration) is at least as great as the sum of the 
        amount, if any, by which the aggregate level of Federal 
        outlays should be reduced as required by that 
        concurrent resolution and the amount, if any, by which 
        outlays are to be reduced pursuant to pay-as-you-go 
        procedures under section 301(b)(8), if included in that 
        concurrent resolution.
          (2) Revised allocations.--(A) As soon as practicable 
        after Congress agrees to a bill or joint resolution 
        that would have been subject to a point of order under 
        subsection (f)(1) but for the exception provided in 
        paragraph (1)(A) or would have been subject to a point 
        of order under section 311(a) but for the exception 
        provided in paragraph (1)(B), the chairman of the 
        committee \1\ on the Budget of the House of 
        Representatives shall file with the House appropriately 
        revised allocations under section 302(a) and revised 
        functional levels and budget aggregates to reflect that 
        bill.
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    \1\ So in law. Probably should read ``Committee''.
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          (B) Such revised allocations, functional levels, and 
        budget aggregates shall be considered for the purposes 
        of this Act as allocations, functional levels, and 
        budget aggregates contained in the most recently agreed 
        to concurrent resolution on the budget.

   concurrent resolution on the budget must be adopted before budget-
                   related legislation is considered

    Sec. 303. (a) In General.--Until the concurrent resolution 
on the budget for a fiscal year has been agreed to, it shall 
not be in order in the House of Representatives, with respect 
to the [first fiscal year] each fiscal year of the biennium 
covered by that resolution, or the Senate, will respect to any 
fiscal year covered by that resolution, to consider any bill or 
joint resolution, amendment or motion thereto, or conference 
report thereon that--
          (1) first provides new budget authority for that 
        fiscal year;
          (2) first provides an increase or decrease in 
        revenues during that fiscal year;
          (3) provides an increase or decrease in the public 
        debt limit to become effective during that fiscal year;
          (4) in the Senate only, first provides new 
        entitlement authority for that fiscal year; or
          (5) in the Senate only, first provides for an 
        increase or decrease in outlays for that fiscal year.
    (b) Exceptions in the House.--In the House of 
Representatives, subsection (a) does not apply--
          (1)(A) to any bill or joint resolution, as reported, 
        providing advance discretionary new budget authority 
        that first becomes available for the first or second 
        fiscal year after [the budget year] the biennium; or
          (B) to any bill or joint resolution, as reported, 
        first increasing or decreasing revenues in a fiscal 
        year following [the fiscal year] the biennium to which 
        the concurrent resolution applies;
          (2) after May 15, to any general appropriation bill 
        or amendment thereto; or
          (3) to any bill or joint resolution unless it is 
        reported by a committee.
    (c) Application to Appropriation Measures in the Senate.--
          (1) In general.--Until the concurrent resolution on 
        the budget for a [fiscal year] biennium has been agreed 
        to and an allocation has been made to the Committee on 
        Appropriations of the Senate under section 302(a) for 
        [that year] each fiscal year of that biennium, it shall 
        not be in order in the Senate to consider any 
        appropriation bill or joint resolution, amendment or 
        motion thereto, or conference report thereon for that 
        year or any subsequent year.
          (2) Exception.--Paragraph (1) does not apply to 
        appropriations legislation making advance 
        appropriations for the first or second fiscal year 
        after the year the allocation referred to in that 
        paragraph is made.

     Permissible revisions of concurrent resolutions on the budget

    Sec. 304. At any time after the concurrent resolution on 
the budget for a [fiscal year] biennium has been agreed to 
pursuant to section 301, and before the end of such [fiscal 
year] biennium, the two Houses may adopt a concurrent 
resolution on the budget which revises or reaffirms the 
concurrent resolution on the budget [for such fiscal year] most 
recently agreed to for such biennium.

 provisions relating to the consideration of concurrent resolutions on 
                               the budget

    Sec. 305. (a) Precedure in House of Representatives After 
Report of Committee; Debate.--
          (1) When a concurrent resolution on the budget has 
        been reported by the Committee on the Budget of the 
        House of Representatives and has been referred to the 
        appropriate calendar of the House, it shall be in order 
        on any day thereafter, subject to clause 2(l)(6) of 
        rule XI of the Rules of the House of Representatives, 
        to move to proceed to the consideration of the current 
        resolution. The motion is highly privileged and is not 
        debatable. An amendment to the motion is not in order 
        and it is not in order to move to reconsider the vote 
        by which the motion is agreed to or disagreed to.
          (2) General debate on any concurrent resolution on 
        the budget in the House of Representatives shall be 
        limited to not more than 10 hours, which shall be 
        divided equally between the majority and minority 
        parties, plus such additional hours of debate as are 
        consumed pursuant to paragraph (3). A motion further to 
        limit debate is not debatable. A motion to recommit the 
        concurrent resolution is not in order, and it is not in 
        order to move or reconsider the vote by which the 
        concurrent resolution is agreed to or disagreed to.
          (3) Following the presentation of opening statements 
        on the concurrent resolution on the budget for a 
        [fiscal year] biennium by the chairman and ranking 
        minority member of the Committee on the Budget of the 
        House, there shall be a period of up to four hours for 
        debate on economic goals and policies.
          (4) Only if a concurrent resolution on the budget 
        reported by the Committee on the Budget of the House 
        sets forth the economic goals (as described in sections 
        3(a)(2) and (4)(b) of the Full Employment Act of 1946) 
        which the estimates, amounts, and levels (as described 
        in section 301(a) set forth in such resolution are 
        designed to achieve, shall it be in order to offer to 
        such resolution an amendment relating to such goals, 
        and such amendment shall be in order only if it also 
        proposes to alter such estimates, amounts, and levels 
        in germane fashion in order to be consistent with the 
        goals proposed in such amendment.
          (5) Consideration of any concurrent resolution on the 
        budget by the House of Representatives shall be in the 
        Committee of the Whole, and the resolution shall be 
        considered for amendment under the five-minute rule in 
        accordance with the applicable provisions of rule XXIII 
        of the Rules of the House of Representatives. After the 
        Committee rises and reports the resolution back to the 
        House, the previous question shall be considered as 
        ordered on the resolution and any amendments thereto to 
        final passage without intervening motion; except that 
        it shall be in order at any time prior to final passage 
        (notwithstanding any other rule or provision of law) to 
        adopt an amendment (or a series of amendments) changing 
        any figure or figures in the resolution as so reported 
        to the extent necessary to achieve mathematical 
        consistency.
          (6) Debate in the House of Representatives on the 
        conference report on any concurrent resolution on the 
        budget shall be limited to not more than 5 hours, which 
        shall be divided equally between the majority and 
        minority parties. A motion further a limit debate is 
        not debatable. A motion to recommit the conference 
        report is not in order, and it is not in order to move 
        to reconsider the vote by which the conference report 
        is agreed to or disagreed to.
          (7) Appeals from decisions of the Chair relating to 
        the application of the Rules of the House of 
        Representatives to the procedure relating to any 
        concurrent resolution on the budget shall be decided 
        without debate.
    (b) Procedure in Senate After Report of Committee; Debate; 
Amendments.--
          (1) Debate in the Senate on any concurrent resolution 
        on the budget, and all amendments thereto and debatable 
        motions and appeals in connection therewith, shall be 
        limited to not more than 50 hours, except that with 
        respect to any concurrent resolution referred to in 
        section 304(a) all such debate shall be limited to not 
        more than 15 hours. The time shall be equally divided 
        between, and controlled by, the majority leader and the 
        minority leader or their designees.
          (2) Debate in the Senate on any amendment to a 
        concurrent resolution on the budget shall be limited to 
        2 hours, to be equally divided between, and controlled 
        by, the mover and the manager of the concurrent 
        resolution, and debate on any amendment to an 
        amendment, debatable motion, or appeal shall be limited 
        to 1 hour, to be equally divided between, and 
        controlled by the mover and the manager of the 
        concurrent resolution, except that in the event the 
        manager of the concurrent resolution is in favor of any 
        such amendment, motion, of appeal, the time in opposition 
        thereto shall be controlled by the minority leader or his 
        designee. No amendment that is not germane to the provisions 
        of such concurrent resolution shall be received. Such leaders, 
        or either of them, may, from the time under their control on 
        the passage of the concurrent resolution, allot additional 
        time to any Senator during the consideration of any amendment, 
        debatable motion, or appeal.
          (3) Following the presentation opening statements on 
        the concurrent resolution on the budget for fiscal year 
        by the chairman and ranking minority member of the 
        Committee on the Budget of the Senate, there shall be a 
        period of up to four hours for debate on economic goals 
        and policies.
          (4) Subject to the other limitations of this Act, 
        only if a concurrent resolution on the budget reported 
        by the Committee on the Budget of the Senate sets forth 
        the economic goals (as described in sections 3(a)(2) 
        and 4(b) of the Employment Act of 1946) which the 
        estimates, amounts, and levels (as described in section 
        301(a)) set forth in such resolution are designed to 
        achieve, shall it be in order to offer to such 
        resolution an amendment relating to such goals, and 
        such amendment shall be in order only if it also 
        proposes to alter such estimates, amounts, and levels 
        in germane fashion in order to be consistent with the 
        goals proposed in such amendment.
          (5) A motion to further limit debate is not 
        debatable. A motion to recommit (except a motion to 
        recommit with instructions to report back within a 
        specified number of days, not to exceed 3, not counting 
        any day on which the Senate is not in session) is not 
        in order. Debate on any such motion to recommit shall 
        be limited to 1 hour, to be equally divided between, 
        and controlled by, the mover and the manager of the 
        concurrent resolution.
          (6) Notwithstanding any other rule, an amendment or 
        series of amendments to a concurrent resolution on the 
        budget proposed in the Senate shall always be in order 
        if such amendment or series of amendments proposes to 
        change any figure or figures then contained in such 
        concurrent resolution so as to make such concurrent 
        resolution mathematically consistent or so as to 
        maintain such consistency.
    (c) Action on Conference Reports in the Senate.--
          (1) A motion to proceed to the consideration of the 
        conference report on any concurrent resolution on the 
        budget (or a reconciliation bill or resolution) may be 
        made even though a previous motion to the same effect 
        has been disagreed to.
          (2) During the consideration in the Senate of the 
        conference report (or a message between Houses) on any 
        concurrent resolution on the budget, and all amendments 
        in disagreement, and all amendments thereto, and 
        debatable motions and appeals in connection therewith, 
        debate shall be limited to 10 hours, to be equally 
        divided between, and controlled by, the majority leader 
        and minority leader or their designees. Debate on any 
        debatable motion or appeal related to the conference 
        report (or a message between Houses) shall be limited 
        to 1 hour, to be equally divided between, and 
        controlled by, the mover and the manager of the 
        conference report (or a message between Houses).
          (3) Should the conference report be defeated, debate 
        on any request for a new conference and the appointment 
        of conferees shall be limited to 1 hour, to be equally 
        divided between, and controlled by, the manager of the 
        conference report and the minority leader or his 
        designee, and should any motion be made to instruct the 
        conferees before the conferees are named, debate on 
        such motion shall be limited to one-half hours, to be 
        equally divided between, and controlled by, the mover 
        and the manager of the conference report. Debate on any 
        amendment to any such instructions shall be limited to 
        20 minutes, to be equally divided between and 
        controlled by the mover and the manager of the 
        conference report. In all cases when the manager of the 
        conference report is in favor of any motion, appeal, or 
        amendment, the time in opposition shall be under the 
        control of the minority leader or his designee.
          (4) In any case in which there are amendments in 
        disagreement, time on each amendment shall be limited 
        to 30 minutes, to be equally divided between, and 
        controlled by, the manager of the conference report and 
        the minority leader or his designee. No amendment that 
        is not germane to the provisions of such amendments 
        shall be received.
    (d) Concurrent Resolution Must Be Consistent in the 
Senate.--It shall not be in order in the Senate to vote on the 
question of agreeing to--
          (1) a concurrent resolution on the budget unless the 
        figures then contained in such resolution are 
        mathematically consistent; or
          (2) a conference report on a concurrent resolution on 
        the budget unless the figures contained in such 
        resolution, as recommended in such conference report, 
        are mathematically consistent.

 house committee action on all appropriation bills to be completed by 
                                june 10

    Sec. 307. On or before June 10 of [each year] each odd-
numbered year, the Committee on Appropriations of the House of 
Representatives shall report [annual] biennial appropriation 
bills providing new budget authority under the jurisdiction of 
all of its subcommittees for the [fiscal year] biennium which 
begins on October 1 of [that year] each odd-numbered year.

           *       *       *       *       *       *       *


             house approval of regular appropriation bills

    Sec. 309. It shall not be in order in the House of 
Representatives to consider any resolution providing for an 
adjournment period of more than three calendar days during the 
month of July of any odd-numbered calendar year until the House 
of Representatives has approved [annual] biennial appropriation 
bills providing new budget authority under the jurisdiction of 
all the subcommittees of the Committee on Appropriations for 
the [fiscal year] biennium beginning on October 1 of such year. 
For purposes of this section, the chairman of the Committee on 
Appropriations of the House of Representatives shall 
periodically advise the Speaker as to changes in jurisdiction 
among its various subcommittees.

                             Reconciliation

    Sec. 310. (a) Inclusion of Reconciliation Directives in 
Concurrent Resolutions on the Budget.--A concurrent resolution 
on the budget for [any fiscal year] any biennium, to the extent 
necessary to effectuate the provisions and requirements of such 
resolution, shall--
          (1) specify the total amount by which--
                  (A) new budget authority for [such fiscal 
                year] any fiscal year covered by such 
                resolution;
                  (B) budget authority initially provided for 
                prior fiscal year;
                  (C) new entitlement authority which is to 
                become effective during [such fiscal year] any 
                fiscal year covered by such resolution; and
                  (D) credit authority for [such fiscal year] 
                any fiscal year covered by such resolution,
        contained in laws, bills, and resolutions within the 
        jurisdiction of a committee is to be changed and direct 
        that committee to determine and recommend changes to 
        accomplish a change of such total amount;
          (2) specify the total amount by which revenues are to 
        be changed and direct that the committees having 
        jurisdiction to determine and recommend changes in the 
        revenue laws, bills, and resolutions to accomplish a 
        change of such total amount;
          (3) specify the amounts by which the statutory limit 
        on the public debt is to be changed and direct the 
        committee having jurisdiction to recommend such change; 
        or
          (4) specify and direct any combination of the matters 
        described in paragraphs (1), (2), and (3) (including a 
        direction to achieve deficit reduction.)
    (b) Legislative Procedure.--If a concurrent resolution 
containing directives to one or more committees to determine 
and recommend changes in laws, bills, or resolutions is agreed 
to in accordance with subsection (a), and--
          (1) only one committee of the House or the Senate is 
        directed to determine and recommend changes, that 
        committee shall promptly make such determination and 
        recommendations and report to its House reconciliation 
        legislation containing such recommendations; or
          (2) more than one committee of the House or the 
        Senate is directed to determine and recommend changes, 
        each such committee so directed shall promptly make 
        such determination and recommendations and submit such 
        recommendations to the Committee on the Budget of its 
        House, which upon receiving all such recommendations, 
        shall report to its House reconciliation legislation 
        carrying out all such recommendations without any 
        substantive revision.
    For purposes of this subsection, a reconciliation 
resolution is a concurrent resolution directing the Clerk of 
the House of Representatives or the Secretary of the Senate, as 
the case may be, to make specified changes in bills and 
resolutions which have not been enrolled.
    (c) Compliance With Reconciliation Directions.--(1) Any 
committee of the House of Representatives or the Senate that is 
directed, pursuant to a concurrent resolution on the budget, to 
determine and recommend changes of the type described in 
paragraphs (1) and (2) of subsection (a) with respect to laws 
within its jurisdiction, shall be deemed to have complied with 
such directions--
          (A) if--
                  (i) the amount of the changes of the type 
                described in paragraph (1) of such subsection 
                recommended by such committee do not exceed or 
                fall below the amount of changes such committee 
                was directed by such concurrent resolution to 
                recommend under that paragraph by more than--
                \1\
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    \1\ A dash was inadvertently omitted as a result of the amendment 
made by section 10111 of Public Law 105-33 (111 Stat. 685).
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                          (I) in the Senate, 20 percent of the 
                        total of the amounts of the changes 
                        such committee was directed to make 
                        under paragraphs (1) and (2) of such 
                        subsection; or
                          (II) in the House of Representatives, 
                        20 percent of the sum of the absolute 
                        value of the changes the committee was 
                        directed to make under paragraph (1) 
                        and the absolute value of the changes 
                        the committee was directed to make 
                        under paragraph (2); and
                  (ii) the amount of the changes of the type 
                described in paragraph (2) of such subsection 
                recommended by such committee do not exceed or 
                fall below the amount of the changes 
                such committee was directed by such concurrent 
                resolution to recommend under that paragraph by 
                more than--
                          (I) in the Senate, 20 percent of the 
                        total of the amounts of the changes 
                        such committee was directed to make 
                        under paragraphs (1) and (2) of such 
                        subsection; or
                          (II) in the House of Representatives, 
                        20 percent of the sum of the absolute 
                        value of the changes the committee was 
                        directed to make under paragraph (1) 
                        and the absolute value of the changes 
                        the committee was directed to make 
                        under paragraph (2); and
          (B) if the total amount of the changes recommended by 
        such committee is not less than the total of the 
        amounts of the changes such committee was directed to 
        make under paragraphs (1) and (2) of such subsection.
    (2)(A) Upon the reporting to the Committee on the Budget of 
the Senate of a recommendation that shall be deemed to have 
complied with such directions solely by virtue of this 
subsection, the chairman of that committee may file with the 
Senate appropriately revised allocations under section 302(a) 
and revised functional levels and aggregates to carry out this 
subsection.
    (B) Upon the submission to the Senate of a conference 
report recommending a reconciliation bill or resolution in 
which a committee shall be deemed to have complied with such 
directions solely by virtue of this subsection, the chairman of 
the Committee on the Budget of the Senate may file with the 
Senate appropriately revised allocations under section 302(a) 
and revised functional levels and aggregates to carry out this 
subsection.
    (C) Allocations, functional levels, and aggregates revised 
pursuant to this paragraph shall be considered to be 
allocations, functional levels, and aggregates contained in the 
concurrent resolution on the budget pursuant to section 301.
    (D) Upon the filing of revised allocations pursuant to this 
paragraph, the reporting committee shall report revised 
allocations pursuant to section 302(b) to carry out this 
subsection.
    (d) Limitation on Amendments to Reconciliation Bills and 
Resolutions.--
          (1) It shall not be in order in the House of 
        Representatives to consider any amendment to a 
        reconciliation bill or reconciliation resolution if 
        such amendment would have the effect of increasing any 
        specific budget outlays above the level of such outlays 
        provided in the bill or resolution (for the fiscal 
        years covered by the reconciliation instructions set 
        forth in the most recently agreed to concurrent 
        resolution on the budget), or would have the effect of 
        reducing any specific Federal revenues below the level 
        of such revenues provided in the bill or resolution 
        (for such fiscal years), unless such amendment makes at 
        least an equivalent reduction in other specific budget 
        outlays, an equivalent increase in other specific 
        Federal revenues, or an equivalent combination thereof 
        (for such fiscal years), except that a motion to strike 
        a provision providing new budget authority or new 
        entitlement authority may be in order.
          (2) It shall not be in order in the Senate to 
        consider any amendment to a reconciliation bill or 
        reconciliation resolution if such amendment would have 
        the effect of decreasing any specific budget outlay 
        reductions below the level of such outlay reductions 
        provided (for the fiscal years covered) in the 
        reconciliation instructions which relate to such bill 
        or resolution set forth in a resolution providing for 
        reconciliation, or would have the effect of reducing 
        Federal revenue increases below the level of such 
        revenue increases provided (for such fiscal years) in 
        such instructions relating to such bill or resolution, 
        unless such amendment makes a reduction in other 
        specific budget outlays, an increase in other specific 
        Federal revenues, or a combination thereof (for such 
        fiscal years) at least equivalent to any increase in 
        outlays or decrease in revenues provided by such 
        amendment, except that a motion to strike a provision 
        shall always be in order.
          (3) Paragraphs (1) and (2) shall not apply if a 
        declaration of war by the Congress is in effect.
          (4) For purposes of this section, the levels of 
        budget outlays and Federal revenues for a fiscal year 
        shall be determined on the basis of estimates made by 
        the Committee on the Budget of the House of 
        Representatives or of the Senate, as the case may be.
          (5) The Committee on Rules of the House of 
        Representatives may make in order amendments to achieve 
        changes specified by reconciliation directives 
        contained in a concurrent resolution on the budget if a 
        committee or committees of the House fail to submit 
        recommended changes to its Committee on the Budget 
        pursuant to its instruction.
    (e) Procedure in the Senate.--
          (1) Except as provided in paragraph (2), the 
        provisions of section 305 for the consideration in the 
        Senate of concurrent resolutions on the budget and 
        conference reports thereon shall also apply to the 
        consideration in the Senate of reconciliation bills 
        reported under subsection (b) and conference reports 
        thereon.
          (2) Debate in the Senate on any reconciliation bill 
        reported under subsection (b), and all amendments 
        thereto and debatable motions and appeals in connection 
        therewith, shall be limited to not more than 20 hours.
    (f) Completion of Reconciliation Process.--It shall not be 
in order in the House of Representatives to consider any 
resolution providing for an adjournment period of more than 
three calendar days during the month of July until the House of 
Representatives has completed action on the reconciliation 
legislation for the fiscal year beginning on October 1 of the 
calendar year to which the adjournment resolution pertains, if 
reconciliation legislation is required to be reported by the 
concurrent resolution on the budget for such fiscal year.
    (g) Limitation on Changes to the Social Security Act.--
Notwithstanding any other provision of law, it shall not be in 
order in the Senate or the House of Representatives to consider 
any reconciliation bill or reconciliation resolution reported 
pursuant to a concurrent resolution on the budget agreed to 
under section 301 or 304, or a joint resolution pursuant to 
section 258C of the Balanced Budget and Emergency Deficit 
Control Act of 1985, or any amendment thereto or conference 
report thereon, that contains recommendations with respect to 
the old-age, survivors, and disability insurance program 
established under title II of the Social Security Act.

      budget-related legislation must be within appropriate levels

    Sec. 311. (a) Enforcement of Budget Aggregates.--
          (1) In the house of representatives.--Except as 
        provided by subsection (c), after the Congress has 
        completed action on a concurrent resolution on the 
        budget [or a fiscal year] for a biennium, it shall not 
        be in order in the House of Representatives to consider 
        any bill, joint resolution, amendment, motion, or 
        conference report providing new budget authority or 
        reducing revenues, if--
                  (A) the enactment of that bill or resolution 
                as reported;
                  (B) the adoption and enactment of that 
                amendment; or
                  (C) the enactment of that bill or resolution 
                in the form recommended in that conference 
                report;
        would cause the level of total new budget authority or 
        total outlays set forth in the applicable concurrent 
        resolution on the budget for [the first fiscal year] 
        either fiscal year of the biennium to be exceeded, or 
        would cause revenues to be less than the level of total 
        revenues set forth in that concurrent resolution for 
        [the first fiscal year] either fiscal year of the 
        biennium or for the total of [that first fiscal year] 
        each fiscal year in the biennium and the ensuing fiscal 
        years for which allocations are provided under section 
        302(a), except when a declaration of war by the 
        Congress is in effect.
          (2) In the senate.--After a concurrent resolution on 
        the budget is agreed to, it shall not be in order in 
        the Senate to consider any bill, joint resolution, 
        amendment, motion, or conference report that--
                  (A) would cause the level of total new budget 
                authority or total outlays set forth [for the 
                first fiscal year] for either fiscal year of 
                the biennium in the applicable resolution to be 
                exceeded;
                  (B) would cause revenues to be less than the 
                level of total revenues set forth for [that 
                first fiscal year] each fiscal year in the 
                biennium or for the total of [that first fiscal 
                year and the ensuing fiscal years] all fiscal 
                years in the applicable resolution for which 
                allocations are provided under section 302(a).
          (3) Enforcement of social security levels in the 
        senate.--After a concurrent resolution on the budget is 
        agreed to, it shall not be in order in the Senate to 
        consider any bill, joint resolution, amendment, motion, 
        or conference report that would cause a decrease in 
        social security surpluses or an increase in social 
        security deficits relative to the levels set forth in 
        the applicable resolution [for the first fiscal year] 
        each fiscal year in the biennium or for the total [that 
        fiscal year and the ensuing fiscal years] all fiscal 
        years for which allocations are provided under section 
        302(a).
    (b) Social Security Levels.--
          (1) In general.--For purposes of subsection (a)(3), 
        social security surpluses equal the excess of social 
        security revenues over social security outlays in a 
        fiscal year or years with such an excess and social 
        security deficits equal the excess of social security 
        outlays over social security revenues in a fiscal year 
        or years with such an excess.
          (2) Tax treatment.--For purposes of subsection 
        (a)(3), no provision of any legislation involving a 
        change in chapter 1 of the Internal Revenue Code of 
        1986 shall be treated as affecting the amount of social 
        security revenues or outlays unless that provision 
        changes the income tax treatment of social security 
        benefits.
    (c) Exception in the House of Representatives.--Subsection 
(a)(1) shall not apply in the House of Representatives to any 
bill, joint resolution, or amendment that provides new budget 
authority for a fiscal year or to any conference report on any 
such bill or resolution, if--
          (1) the enactment of that bill or resolution as 
        reported;
          (2) the adoption and enactment of that amendment; or
          (3) the enactment of that bill or resolution in the 
        form recommended in that conference report;
would not cause the appropriate allocation of new budget 
authority made pursuant to section 302(a) for that fiscal year 
to be exceeded.

                   determinations and points of order

    Sec. 312. (a) Budget Committee Determinations.--For 
purposes of this title and title IV, the levels of new budget 
authority, outlays, direct spending, new entitlement authority, 
and revenues for a fiscal year shall be determined on the basis 
of estimates made by the Committee on the Budget of the House 
of Representatives or the Senate, as applicable.
    (b) Discretionary Spending Point of Order in the Senate.--
          (1) In general.--Except as otherwise provided in this 
        subsection, it shall not be in order in the Senate to 
        consider any bill or resolution (or amendment, motion, 
        or conference report on that bill or resolution) that 
        would exceed any of the discretionary spending limits 
        in section 251(c) of the Balanced Budget and Emergency 
        Deficit Control Act of 1985.
          (2) Exceptions.--This subsection shall not apply if a 
        declaration of war by the Congress is in effect or if a 
        joint resolution pursuant to section 258 of the 
        Balanced Budget and Emergency Deficit Control Act of 
        1985 has been enacted.
    (c) Maximum Deficit Amount Point of Order in the Senate.--
It shall not be in order in the Senate to consider any 
concurrent resolution on the budget [for a fiscal year] for a 
biennium, or to consider any amendment to that concurrent 
resolution, or to consider a conference report on that 
concurrent resolution, if--
          (1) the level of total outlays for the [first fiscal 
        year] either fiscal year in the biennium set forth in 
        that concurrent resolution or conference report 
        exceeds; or
          (2) the adoption of that amendment would result in a 
        level of total outlays for [that fiscal year] either 
        fiscal year in the biennium that exceeds;
the recommended level of Federal revenues for that fiscal year, 
by an amount that is greater than the maximum deficit amount, 
if any, specified in the Balanced Budget and Emergency Deficit 
Control Act of 1985 for [that fiscal year] the applicable 
fiscal year.
    (d) Timing of Points of Order in the Senate.--A point of 
order under this Act may not be raised against a bill, 
resolution, amendment, motion, or conference report while an 
amendment or motion, the adoption of which would remedy the 
violation of this Act, is pending before the Senate.
    (e) Points of Order in the Senate Against Amendments 
Between the Houses.--Each provision of this Act that 
establishes a point of order against an amendment also 
establishes a point of order in the Senate against an amendment 
between the Houses. If a point of order under this Act is 
raised in the Senate against an amendment between the Houses 
and the point of order is sustained, the effect shall be the 
same as if the Senate had disagreed to the amendment.
    (f) Effect of a Point of Order in the Senate.--In the 
Senate, if a point of order under this Act against a bill or 
resolution is sustained, the Presiding Officer shall then 
recommit the bill or resolution to the committee of appropriate 
jurisdiction for further consideration.

           *       *       *       *       *       *       *

    Sec. 326. (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, 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, and 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.
    Sec. 317. 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.

                      TITLE 31--MONEY AND FINANCE


   CHAPTER 11--THE BUDGET AND FISCAL BUDGET, AND PROGRAM INFORMATION


                           1101. Definitions

    In this chapter--

           *       *       *       *       *       *       *

    (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)).

           *       *       *       *       *       *       *


            1105. Budget contents and submission to Congress

    (a) [On or after the first Monday in January but not later 
the first Monday in February of each year the President shall 
submit a budget of the United States Government for the 
following fiscal year. Each budget shall include a budget 
message and summary and supporting information. The President 
shall include in each budget the following:] On or before the 
first 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 Seventh 
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:
          (1) information on activities and functions of the 
        Government.
          (2) when practicable, information on costs and 
        achievements of Government programs.
          (3) other desirable classifications of information.
          (4) a reconciliation of the summary information on 
        expenditures with proposed appropriations.
          (5) except as provided in subsection (b) of this 
        section, estimated expenditures and proposed 
        appropriations the President decides are necessary to 
        support the Government in [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.
          (6) estimated receipts of the Government in [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 under--
                  (A) laws in effect when the budget is 
                submitted; and
                  (B) proposals in the budget to increase 
                revenues.
          (7) appropriations, expenditures, and receipts of the 
        Government in the prior fiscal year.
          (8) estimated expenditures and receipts, and 
        appropriations and proposed appropriations, of the 
        Government for the current fiscal year.
          (9) balanced statement of the--
                  (A) condition of the Treasury at the end of 
                the prior fiscal year.
                  (B) estimated condition of the Treasury at 
                the end of the current fiscal year; and
                  (C) estimated condition of the Treasury at 
                the end of [the fiscal year] each fiscal year 
                in the biennium for which the budget is 
                submitted if financial proposals in the budget 
                are adopted.
          (10) essential information about the debt of the 
        Government.
          (11) other financial information the President 
        decides is desirable to explain in practicable detail 
        the financial condition of the Government.
          (12) for each proposal in the budget for legislation 
        that would establish or expand a Government activity or 
        function, a table showing--
                  (A) the amount proposed in the budget fiscal 
                for appropriation and for expenditure because 
                of the proposal in [the fiscal year] each 
                fiscal year in the biennium for which the 
                budget is submitted; and
                  (B) the estimated appropriation required 
                because of the proposal for each of the 4 
                fiscal years after that year that the proposal 
                will be in effect.
          (13) an allowance for additional estimated 
        expenditures and proposed appropriations for [the 
        fiscal year] each fiscal year in the biennium for which 
        the budget is submitted.
          (14) an allowance for unanticipated uncontrollable 
        expenditures for [that year] each fiscal year in the 
        biennium for which the budget is submitted.
          (15) a separate statement on each of the items 
        referred to in section 301(a)(1)-(5) of the 
        Congressional Budget Act of 1974 (2 U.S.C. 632(a)(1)-
        (5)).
          (16) the level of tax expenditures under existing law 
        in the tax expenditures budget (as defined in section 
        3(a)(3) of the Congressional Budget Act of 1974 (2 
        U.S.C. 622(a)(3)) for [the fiscal year] each fiscal 
        year in the biennium for which the budget is submitted, 
        considering projected economic factors and changes in 
        the existing levels based on proposals in the budget.
          (17) information on estimates of appropriations for 
        [the fiscal year following the fiscal year] each fiscal 
        year in the biennium following the biennium for which 
        the budget is submitted for grants, contracts, and 
        other payments under each program for which there is an 
        authorization of appropriations for [that following 
        fiscal year] each such fiscal year when the 
        appropriations are authorized to be included in an 
        appropriation law for the [fiscal year before the 
        fiscal year] biennium before the biennium in which the 
        appropriation is to be available for obligation.
          (18) a comparison of the total amount of budget 
        outlays for [for prior fiscal year] each of the 2 most 
        recently completed fiscal years, estimated in the 
        budget submitted [for that year] with respect to those 
        fiscal years, for each major program having relatively 
        uncontrollable outlays with the total amount of outlays 
        for that program [in that year] in those fiscal years.
          (19) a comparison of the total amount of receipts for 
        [for prior fiscal year] each of the 2 most recently 
        completed fiscal years, estimated in the budget 
        submitted [for that year] with respect to those fiscal 
        years, with receipts received [in that year] in those 
        fiscal years, and for each major source of receipts, a 
        comparison of the amount of receipts estimated in that 
        budget with the amount of receipts from that source [in 
        that year] in those fiscal years.
          (20) an analysis and explanation of the differences 
        between each amount compared under clauses (18) and 
        (19) of this subsection.
          (21) a horizontal budget showing--
                  (A) the programs for meteorology and of the 
                National Climate Program established under 
                section 5 of the National Climate Program Act 
                (15 U.S.C. 2904);
                  (B) specific aspects of the program of, and 
                appropriations for, each agency; and
                  (C) estimated goals and financial 
                requirements.
          (22) a statement of budget authority, proposed budget 
        authority, budget outlays, and proposed budget outlays, 
        and descriptive information in terms of--
                  (A) a detailed structure of national needs 
                that refers to the missions and programs of 
                agencies (as defined in section 101 of this 
                title); and
                  (B) the missions and basic programs.
          (23) separate appropriation accounts for 
        appropriations under the Occupational Safety and Health 
        Act of 1970 (29 U.S.C. 651 et seq.) and the Federal 
        Mine Safety and Health Act of 1977 (30 U.S.C. 801 et 
        seq.).
          (24) recommendations on the return of Government 
        capital to the Treasury by a mixed-ownership 
        corporation (as defined in section 9101(2) of this 
        title) that the President decides are desirable.
          (25) a separate appropriation account for 
        appropriations for each Office of Inspector General of 
        an establishment defined under section 11(2) of the 
        Inspector General Act of 1978.
          (26) a separate statement of the amount of 
        appropriations requested for the Office of National 
        Drug Control Policy and each program of the National 
        Drug Control Program.
          (27) a separate statement of the amount of 
        appropriations requested for the Office of Federal 
        Financial Management.
          (28) [beginning with fiscal year 1999] beginning with 
        fiscal year 2002, a biennial, a Federal Government 
        performance plan for the overall budget as provided for 
        under section 1115.
          (29) information about the Violent Crime Reduction 
        Trust Fund, including a separate statement of amounts 
        in that Trust Fund.
          (30) an analysis displaying, by agency, proposed 
        reductions in full-time equivalent positions compared 
        to the current year's level in order to comply with 
        section 5 of the Federal Workforce Restructuring act of 
        1994.\1\
---------------------------------------------------------------------------
    \1\ Section 13501(f) of the Budget Enforcement Act of 1990 provides 
as follows:
    (f) President's Budget.--The President's annual budget submission 
shall include an analysis of the financial condition of the GSEs and 
the financial exposure of the Government, if any, posed by GSEs.
---------------------------------------------------------------------------
    Section 13501(a) of such Act defines ``GSE'' as follows:
    (a) Definition.--For purposes of this section, the terms 
``Government-sponsored enterprise'' and ``GSE'' mean the Farm 
Credit System (including the Farm Credit Banks, Banks for 
Cooperatives, and Federal Agricultural Mortgage Corporation), 
the Federal Home Loan Bank System, the Federal Home Loan 
Mortgage Corporation, the Federal National Mortgage 
Association, and the Student Loan Marketing Association.
          (32) a statement of the levels of budget authority 
        and outlays for each program assumed to be extended in 
        the baseline as provided in section 257(b)(2)(A) and 
        for excise taxes assumed to be extended under section 
        257(b)(2)(C) of the Balanced Budget and Emergency 
        Deficit Control Act of 1985.
    (b) Estimated expenditures and proposed appropriations for 
the legislative branch and the judicial branch to be included 
in each budget under subsection (a)(5) of this section shall be 
submitted to the President before October 16 of [each year] 
each even-numbered year and included in the budget by the 
President without change.
    (c) The President shall recommend in the budget appropriate 
action to meet an estimated deficiency when the estimated 
receipts for [the fiscal year for] each fiscal year in the 
biennium for which the budget is submitted (under laws in 
effect when the budget is submitted) and theestimated amounts 
in the Treasury at the end of the current fiscal year available for 
expenditure in [the fiscal year for] each fiscal year in the biennium, 
as the case may be, which the budget is submitted, are less than the 
estimated expenditures for [that year] for each year of the biennium. 
The President shall make recommendations required by the public 
interest when the estimated receipts and estimated amounts in the 
Treasury are more than the estimated expenditures.
    (d) When the President submits a budget or supporting 
information about a budget, the President shall include a 
statement on all changes about the current fiscal year that 
were made before the budget or information was submitted.
    (e)(1) The President shall submit with materials related to 
each budget transmitted under subsection (a) on or after 
January 1, 1985, an analysis for the [ensuing fiscal year] 
biennium to which such budget relates that shall identify 
requested appropriations or new obligational authority and 
outlays for each major program that may be classified as a 
public civilian capital investment program and for each major 
program that may be classified as a military capital investment 
program, and shall contain summaries of the total amount of 
such appropriations or new obligational authority and outlays 
for public civilian capital investment programs and summaries 
of the total amount of such appropriations or new obligational 
authority and outlays for military capital investment programs. 
In addition, the analysis under this paragraph shall contain--
          (A) an estimate of the current service levels of 
        public civilian capital investment and of military 
        capital investment and alternative high and low levels 
        of such investments over a period of ten years in 
        current dollars and over a period of five years in 
        constant dollars;
          (B) the most recent assessment analysis and summary, 
        in a standard format, of public civilian capital 
        investment needs in each major program area over a 
        period of ten years;
          (C) an identification and analysis of the principal 
        policy issues that affect estimated public civilian 
        capital investment needs for each major program; and
          (D) an identification and analysis of factors that 
        affect estimated public civilian capital investment 
        needs for each major program, including but not limited 
        to the following factors:
                  (i) economic assumptions;
                  (ii) engineering standards;
                  (iii) estimates of spending for operation and 
                maintenance;
                  (iv) estimates of expenditures for similar 
                investments by State and local governments; and
                  (v) estimates of demand for public services 
                derived from such capital investments and 
                estimates of the service capacity of such 
                investments.
    To the extent that any analysis required by this paragraph 
relates to any program for which Federal financial assistance 
is distributed under a formula prescribed by law, such analysis 
shall be organized by State and within each State by major 
metropolitan area if data are available.
    (2) For purposes of this subsection, any appropriation, new 
obligational authority, or outlay shall be classified as a 
public civilian capital investment to the extent that such 
appropriation, authority, or outlay will be used for the 
construction, acquisition, or rehabilitation of any physical 
asset that is capable of being used to produce services or 
other benefits for a number of years and is not classified as a 
military capital investment under paragraph (3). Such assets 
shall include (but not be limited to)--
          (A) roadways or bridges,
          (B) airports or airway facilities,
          (C) mass transportation systems,
          (D) wastewater treatment or related facilities,
          (E) water resources projects,
          (F) hospitals,
          (G) resource recovery facilities,
          (H) public buildings,
          (I) space or communications facilities,
          (J) railroads, and
          (K) federally assisted housing.
    (3) For purposes of this subsection, any appropriation, new 
obligational authority, or outlay shall be classified as a 
military capital investment to the extent that such 
appropriation, authority, or outlay will be used for the 
construction, acquisition, or rehabilitation of any physical 
asset that is capable of being used to produce services or 
other benefits for purposes of national defense and security 
for a number of years. Such assets shall include military 
bases, posts, installations, and facilities.
    (4) Criteria and guidelines for use in the identification 
of public civilian and military capital investments, for 
distinguishing between public civilian and military capital 
investments, and for distinguishing between major and nonmajor 
capital investment programs shall be issued by the Director of 
the Office of Management and Budget after consultation with the 
Comptroller General and the Congressional Budget Office. The 
analysis submitted under this subsection shall be accompanied 
by an explanation of such criteria and guidelines.
    (5) For purposes of this subsection--
          (A) the term ``construction'' includes the design, 
        planning, and erection of new structures and 
        facilities, the expansion of existing structures and 
        facilities, the reconstruction of a project at an 
        existing site or adjacent to an existing site, and the 
        installation of initial and replacement equipment for 
        such structures and facilities;
          (B) the term ``acquisition'' includes the addition of 
        land, sites, equipment, structures, facilities, or 
        rolling stock by purchase, lease-purchase, trade or 
        donation; and
          (C) the term ``rehabilitation'' includes the 
        alteration of or correction of deficiencies in an 
        existing structure or facility so as to extend the 
        useful life or improve the effectiveness of the 
        structure or facility, the modernization or replacement 
        of equipment at an existing structure or facility, and 
        the modernization of, or replacement of parts for, 
        rolling stock.
    (f) The budget transmitted pursuant to subsection (a) for a 
fiscal year shall be prepared in a manner consistent with the 
requirements of the Balanced Budget and Emergency Deficit 
Control Act of 1985 that apply to that and subsequent fiscal 
years.
    (g)(1) The Director of the Office of Management and Budget 
shall establish the funding for advisory and assistance 
services for each department and agency as a separate object 
class in each budget annually submitted to the Congress under 
this section.
    (2)(A) In paragraph (1), except as provided in subparagraph 
(B), the term ``advisory and assistance services'' means the 
following services when provided by nongovernmental sources:
          (i) Management and professional support services.
          (ii) Studies, analyses, and evaluations.
          (iii) Engineering and technical services.
    (B) In paragraph (1), the term ``advisory and assistance 
services'' does not include the following services:
          (i) Routine automated data processing and 
        telecommunications services unless such services are an 
        integral part of a contract for the procurement of 
        advisory and assistance services.
          (ii) Architectural and engineering services, as 
        defined in section 901 of the Brooks Architect-
        Engineers Act (40 U.S.C. 541).
          (iii) Research on basic mathematics or medical, 
        biological, physical, social, psychological, or other 
        phenomena.

            1106. Supplemental budget estimates and changes

    (a) [Before July 16 of each year] Before February 15 of 
each even numbered year, the President shall submit to Congress 
a supplemental summary of the budget for the [fiscal year] 
biennium for which the budget is submitted under section 
1105(a) of this title. The summary shall include--
          (1) for [that fiscal year] each fiscal year in such 
        biennium--
                  (A) substantial changes in or reappraisals of 
                estimates of expenditures and receipts;
                  (B) substantial obligations imposed on the 
                budget after its submission;
                  (C) current information on matters referred 
                to in section 1105(a)(8) and (9)(B) and (C) of 
                this title; and
                  (D) additional information the President 
                decides is advisable to provide Congress with 
                complete and current information about the 
                budget and current estimates of the functions, 
                obligations, requirements, and financial 
                condition of the United States Government;
          (2) for the [4 fiscal years following the fiscal 
        year] 4 fiscal years following the biennium for which 
        the budget is submitted, information on estimated 
        expenditures for programs authorized to continue in 
        future years, or that are considered mandatory, under 
        law; and
          (3) for future fiscal years, information on estimated 
        expenditures of balances carried over from the [fiscal 
        year] biennium for which the budget is submitted.
    (b) Before [July 16 of each year] February 15 of each even-
numbered year, the President shall submit to Congress a 
statement of changes in budget authority requested, estimated 
budget outlays, and estimated receipts for [the fiscal year] 
each fiscal year in the biennium for which the budget is 
submitted (including prior changes proposed for the executive 
branch of the Government) that the President decides are 
necessary and appropriate based on current information. The 
statement shall include the effect of those changes on the 
information submitted under section 1105(a)(1)-(14) and (b) of 
this title and shall include supporting information as 
practicable. The statement submitted before February 15 of each 
even-numbered year may be included in the information submitted 
under subsection (a)(1) of this section.
    (c) Subsection (f) of section 1105 shall apply to revisions 
and supplemental summaries submitted under this section to the 
same extent that such subsection applies to the budget 
submitted under section 1105(a) to which such revisions and 
summaries relate.

           *       *       *       *       *       *       *


            1109. current programs and activities estimates

    (a) At the same time for budget required by section 1105 is 
submitted for a biennium, the President shall submit to both 
Houses of Congress the estimated budget outlays and proposed 
budget authority that would be included in the budget for each 
fiscal year of such period if programs and activities of the 
United States Government were carried on during that year at 
the same level as the current fiscal year without a change in 
policy. The President shall state the estimated budget outlays 
and proposed budget authority by function and subfunction under 
the classifications in the budget summary table under the 
heading ``Budget Authority and Outlays by Function and 
Agency'', by major programs in each function, and by agency. 
The President also shall include a statement of the economic 
and program assumptions on which those budget outlays and 
budget authority are based, including inflation, real economic 
growth, and unemployment rates, program caseloads, and pay 
increases.
    (b) The Joint Economic Committee shall review the estimated 
budget outlays and proposed budget authority and submit an 
economic evaluation of the budget outlays and budget authority 
to the Committees on the Budget of both Houses before 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).

     section 1110: year-ahead requests for authorizing legislation

    A request to enact legislation authorizing new budget 
authority to continue a program or activity for a fiscal year 
shall be submitted to Congress before March 31 of the calendar 
year preceding the calendar year in which the biennium begins. 
If a new program or activity will continue for more than one 
year, the request must be submitted for at least the first and 
2d fiscal years.

           *       *       *       *       *       *       *


                    section 1115: performance plans

    (a) In carrying out the provisions of section 1105(a)(28), 
the Director of the Office of Management and Budget shall 
require each agency to prepare a biennial performance plan 
covering each program activity set forth in the budget of such 
agency. Such plans shall--
          (1) establish performance goals to define the level 
        of performance to be achieved by a program activity for 
        both years 1 and 2 of the biennial plan;
          (2) express such goals in an objective, quantifiable, 
        and measurable from unless authorized to be in an 
        alternative from under subsection (b);
          (3) briefly describe the operational processes, 
        skills and technology, and the human, capital, 
        information, or other resources required to meet the 
        performance goals;
          (4) establish performance indicators to be used in 
        measuring or assessing the relevant outputs, service 
        levels, and outcomes of each program activity;
          (5) provide a basis for comparing actual program 
        results with the established performance goals;
          (6) describe the means to be used to verify and 
        validate measured value; and
          (7) cover a 2-year period beginning with the first 
        fiscal year of the next biennial budget cycle.

           *       *       *       *       *       *       *


                     section 1115(d) of that title

    (d) An agency may submit with its biennial performance plan 
as appendix covering any period of the plan that--
          (1) is specifically authorized under criteria 
        established by an Executive order to be kept secret in 
        the interest of national defense or foreign policy; and
          (2) is properly classified pursuant to such Executive 
        order.

           *       *       *       *       *       *       *


                    section 1115(f)(6) of that title

    (f)(6) ``program activity'' means a specific activity or 
project as listed in the program and financing schedules of the 
biennial budget of the United States Government;

           *       *       *       *       *       *       *


         section 1119: pilot projects for performance budgeting

           *       *       *       *       *       *       *


    (d) No later than March 31, 2001, the Director of the 
Office of Management and Budget shall transmit a report to the 
President and to the Congress on the performance budgeting 
pilot projects which shall--
          (1) assess the feasibility and advisability of 
        including a performance budget as a part of the 
        [annual] biennial budget submitted under section 1105;

           *       *       *       *       *       *       *

    (e) After receipt of the report required under subsection 
(d), the Congress may specify that a performance budget be 
submitted as part of the [annual] biennial budget submitted 
under section 1105.

           *       *       *       *       *       *       *


                     SECTION 9703(a) OF THAT TITLE

    (a) Beginning with fiscal year 1999, the performance plans 
required under section 1115 may include proposals to waive 
administrative procedural requirements and controls, including 
specification of personnel staffing levels, limitations on 
compensation or remuneration, and prohibitions or restrictions 
on funding transfers among budget object classification 20 and 
subclassifications 11, 12, 31, and 32 of each [annual] budget 
submitted under section 1105, in return for specific individual 
or organization accountability to achieve a performance goal. 
In preparing and submitting the performance plan under section 
[1105(a)(29)] 1105(a)(28), the Director of the Office of 
Management and Budget shall review and may approve any proposed 
waivers. A waiver shall take effect at the beginning of the 
fiscal year for which the waiver is approved.

           *       *       *       *       *       *       *


                      TITLE 31--MONEY AND FINANCE


CHAPTER 97--MISCELLANEOUS

           *       *       *       *       *       *       *



                     SECTION 9703(e) OF THAT TITLE

    (e) A waiver shall be in effect for [one or] two years as 
specified by the Director of the Office of Management and 
Budget in approving the waiver. A waiver may be renewed for a 
[subsequent year] a subsequent 2-year period. After a waiver 
has been in effect for [three] four consecutive years, the 
performance plan prepared under section 1115, may propose that 
a waiver, other than a waiver of limitations on compensation or 
remuneration, be made permanent.

              TITLE 39--UNITED STATES CODE: POSTAL SERVICE


CHAPTER 28--STRATEGIC PLANNING AND PERFORMANCE MANAGEMENT

           *       *       *       *       *       *       *



                       Sec. 2802. Strategic Plans

    (a) No later than [September 30, 1997] September 30, 2000, 
the Postal Service shall submit to the President and the 
Congress a strategic plan for its program activities. Such plan 
shall contain--
          (1) a comprehensive mission statement covering the 
        major functions and operations of the Postal Service;
          (2) general goals and objectives, including outcome-
        related goals and objectives, for the major functions 
        and operations of the Postal Service;
          (3) a description of how the goals and objectives are 
        to be achieved, including a description of how the 
        operational processes, skills and technology, and the 
        human capital, information, and other resources 
        required to meet those goals and objectives;
          (4) a description of how the performance goals 
        included in the plan required under section 2803 shall 
        be related to the general goals and objectives in the 
        strategic plan;
          (5) an identification of those key factors external 
        to the Postal Service and beyond its control that could 
        significantly affect the achievement of the general 
        goals and objectives; and
          (6) a description of how the program evaluations used 
        in establishing or revising general goals and 
        objectives, with a schedule for future program 
        evaluations.
    (b) The strategic plan shall cover a period of not less 
than [five years forward] six years forward from the fiscal 
year in which it is submitted, and shall be updated and revised 
[at least every three years] at least every four years.
    (c) The performance plan required under section 2803 shall 
be consistent with the Postal Service's strategic plan. A 
performance plan may not be submitted for a fiscal year not 
covered by a current strategic plan under this section, 
including a strategic plan submitted by September 30, 1997 
meeting the requirements of subsection (a).
    (d) When developing a strategic plan, the Postal Service 
shall solicit and consider the views and suggestions of those 
entities potentially affected by or interested in such a plan, 
and shall advise the Congress of the contents of the plan.

                    SEC. 2803(a). PERFORMANCE PLANS

    (a) The Postal Service shall prepare [an annual] a biennial 
performance plan covering each program activity for both years 
1 and 2 of the biennial plan set forth in the Postal Service 
budget, which shall be included in the comprehensive statement 
presented under section 2401(g) of this title. Such plan 
shall--
          (1) establish performance goals to define the level 
        of performance to be achieved by a program activity;
          (2) express such goals in an objective, quantifiable, 
        and measurable form unless an alternative form is used 
        under subsection (b);
          (3) briefly describe the operational processes, 
        skills, and technology, and the human, capital, 
        information, or other resources required to meet the 
        performance goals;
          (4) establish performance indicators to be used in 
        measuring or assessing the relevant outputs, service 
        levels, and outcomes of each program activity;
          (5) provide a basis for comparing actual program 
        results with the established performance goals;
          (6) describe the means to be used to verify and 
        validate measured values; and
          (7) cover a 2-year period beginning with the first 
        fiscal year of the next biennial budget cycle.

             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES


                           CHAPTER 3--POWERS


                     section 306 of that title

           *       *       *       *       *       *       *


Sec. 306 Strategic plans

    (a) No later than [September 30, 1997] September 30, 2000, 
the head of each agency shall submit to the Director of the 
Office of Management and Budget and to the Congress a strategic 
plan for program activities. Such plan shall contain--
          (1) a comprehensive mission statement covering the 
        major functions and operations of the agency;
          (2) general goals and objectives, including outcome-
        related goals and objectives, for the major functions 
        and operations of the agency;
          (3) a description of how the goals and objectives are 
        to be achieved, including a description of the 
        operational processes, skills and technology, and the 
        human, capital, information, and other resources 
        required to meet those goals and objectives;
          (4) a description of how the performance goals 
        included in the plan required by section 1115(a) of 
        title 31 shall be related to the general goals and 
        objectives strategic plan;
          (5) an identification of those key factors external 
        to the agency and beyond its control that could 
        significantly affect the achievement of the general 
        goals and objectives; and
          (6) a description of the program evaluations used in 
        establishing or revising general goals and objectives, 
        with a schedule for future program evaluations.
    (b) The strategic plan shall cover a period of not less 
than [five] six years forward from the fiscal year in which it 
is submitted, and shall be updated and revised [at least every 
three years] at least every 4 years.
    (c) The performance plan required by section 1115 of title 
31 shall be consistent with the agency's strategic plan. A 
performance plan may not be submitted for a fiscal year not 
covered by a current strategic plan under this section, 
including a strategic plan submitted by September 30, 1997 
meeting the requirements of subsection (a).

           *       *       *       *       *       *       *


                    H. Con. Res. 67, 104th Congress


                    section 202(b)(2) of that title

    (2) Applicable Time Periods.--For purposes of this 
subsection the term ``applicable time period'' means any one of 
the three following periods.
          (A) [The first year covered by the most recently 
        adopted concurrent resolution on the budget.] The 
        period of the biennium covered by the most recently 
        adopted concurrent resolution on the budget.
          (B) The period of the first [five] six fiscal years 
        covered by the most recently adopted concurrent 
        resolution on the budget.
          (C) The period of the [five] four fiscal years 
        following the first [five] six fiscal years covered 
        [in] by the most recently adopted concurrent resolution 
        on the budget.

           *       *       *       *       *       *       *


                       TITLE 1_UNITED STATES CODE


                       section 105 of that title

Sec. 105. Title and style of appropriation acts

    [The style and title of all Acts making appropriations for 
the support of Government shall be as follows: ``An Act making 
appropriations (here insert the object) for the year ending 
September 30 (here insert the calendar year).'']
    (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)).