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United States. Congress. Senate. Committee on the.

Legislative line-item veto proposals : hearing before the Committee on the Budget, United States Senate, One Hundred Third Congress, second session, October 5, 1994

. (page 104 of 133)


3 paragraph (A) and inserting "a fiscal year in

4 such biennium".

5 (4) Section 302(f)(2) is amended—

6 (A) by striking "for a fiscal year" and in-

7 serting "for a biennium",

8 (B) by striking "for such fiscal year" and

9 inserting "for a biennium", and

10 (C) by striking "4 succeeding" and insert-

11 ing "3 succeeding".

12 (g) Section 303 Point of Order. —

13 (1) Section 303(a) (2 U.S.C. 634(a)) is amend-

14 ed by striking "fiscal year" each place it appears

15 and inserting "biennium".

16 (2) Section 303(b) (2 U.S.C. 634(b)) is

17 amended —

18 (A) in subparagraphs (A) and (B) of para-

19 graph (1) and paragraph (2) by striking "the

20 fiscal year" each place it appears and inserting

21 "biennium"; and

22 (B) in paragraph (1) by striking "any cal-

23 endar year" and inserting "any odd-numbered

24 calendar year".



•HR 1138 IH



1099

17

1 (h) Permissible Remsions of Concurrent Res-

2 OLUTIONS ON THE BUDGET. — Section 304 (2 U.S.C. 635)

3 is amended —

4 (1) by striking "fiscal year" the first two places

5 it appears and inserting "biennium";

6 (2) by striking "for such fiscal year"; and

7 (3) by inserting before the period "for such

8 biennium".

9 (i) Procedures For Consideration of Budget

10 Resolutions.— Section 305(b)(3) (2 U.S.C. 636(b)(3))

1 1 is amended —

12 (1) by striking "the concurrent" and inserting

13 "a concurrent"; and

14 (2) by striking "fiscal year" and inserting

15 "biennium".

16 (j) Reports and Summaries of Congressional

17 Budget Actions. —

18 (1)(A) Section 308(a)(1) (2 U.S.C. 639(a)(1))

19 is amended —

20 (i) in tlio matter preceding .subpara'ri'aph

21 (A) by striking "fiscal year (or fiscal years)"

22 and insej-ting "biennium",

23 (ii) in sul)paragraj)h (A) by striking "fiscal

24 year (or fisc-al years)" and inserting "bieii-

25 Ilium", and



1100

18

1 (iii) in subparagraph (C) by striking "such

2 fiscal year (or fiscal years)" and inserting

3 "such biennium".

4 (B) Section 308(a)(2) is amended by striking

5 "fiscal year (or fiscal years)" and inserting "bien-

6 nium".

7 (2) Section 308(b)(1) (2 U.S.C. 639(b)(1)) is

8 amended —

9 (A) by striking "each fiscal year covered

10 by a concurrent resolution on the budget" the

11 first place it appears and inserting "a bien-

12 nium";

13 (B) by inserting "for such biennium" after

14 "concurrent resolution on the budget"; and

15 (C) by striking "the fiscal year preceding

16 the first fiscal year covered by the appropriate

17 concurrent resolution" and inserting "each fis-

18 cal year in the biennium preceding such bien-

19 nium".

20 (3) Section 308(c) (2 U.S.C. 639(c)) is

21 amended —

22 (A) by striking "Five" in the subsection

23 heading and inserting "Four";



•HR 1138 IH



1101

19

1 (B) by striking "fiscal year" each place it

2 appears in the matter preceding paragraph (1)

3 and inserting "biennium"; and

4 (C) by striking "5 fiscal years" and insert-

5 ing "4 fiscal years".

6 (k) Completion of Action on Regular Appro-

7 PRLVTiON Bills.— Section 309 (2 U.S.C. 640) is

8 amended —

9 (1) by in.serting "of any odd-numbered calendar

10 vear" after "Julv";

11 (2) by striking "annual" and inserting "regu-

12 lar"; and

13 (3) by striking "fiscal year" and inserting

14 "biennium".

15 (1) Reconciliation Process. —

16 (1) Section 310(a) (2 U.S.C. 641(a)) is

17 amended —

18 (A) by .striking "any fi.scal year" in the

19 matter preceding paragi'aph (1) and inserting

20 "anv biennium";

21 (B) in paragraph (1) by striking "such fis-

22 cal year" each place it appears and insei'ting

23 "each fi.scal year in such iMcnnium"; and

24 (C) in paragraph (2) by in.serting "for each

25 fiscal year in such biennium" after "revenues".

•HR 1138 IH



1102

20

1 (2) Section 310(e) (2 U.S.C. 641(e)) is

2 amended —

3 (A) by striking "20 hours" in paragraph

4 (2) and inserting "100 hours"; and

5 (B) by adding at the end thereof the fol-

6 lowing new paragraph:

7 "(3) It shall not be in order in the Senate or

8 the House of Representatives to consider any rec-

9 oneiliation bill or resolution or any amendment

10 thereto or any conference report thereon which

11 changes any provision of law other than provisions

12 of law which —

13 "(A) provide new budget authority or

14 spending authority described in section

15 401(c)(2);

16 "(B) relate to revenues; or

17 "(C) specify the amount of the statutory

18 limit on the public debt.".

19 (3) Section 310(f) (2 U.S.C. 641(f)) is

20 amended —

21 (A) by inserting "of any odd-numbered cal-

22 endar year" after "July",

23 (B) by striking "fiscal year beginning on
?4 October 1 of the calendar year to which the ad-
25 journment resolution pertains" and inserting

•HR 1138 IH



1103

21

1 "biennium beginning on October 1 of such cal-

2 , endar year", and

3 (C) by striking "for such fiscal year" and

4 inserting "for such biennium".

5 (m) Section 311 Point of Order. —

6 (1) Section 311(a)(1) (2 U.S.C. 642(a)) is

7 amended —

8 (A) by striking "for a fiscal year" and in-

9 serting "for a biennium";

10 (B) by striking "such fiscal year" the first,

11 second, and third places it appears and insert-

12 ing "a fiscal year in such biennium";

13 (C) by inserting "for such fiscal year"

14 after "outlays";

15 (D) by striking "concurrent resolution on

16 the budget for such fiscal year" and inserting

17 "concurrent resolution on the budget for the bi-

18 ennium in which such fiscal .year occurs";

19 (E) by inserting "for such fiscal year"

20 after "revenues" the first place it appears; and

21 (F) by inserting "for such fiscal year"

22 after "set forth" the second place it appears.

23 (2) Section 311(b) (2 U.S.C. 642(b)) is

24 amended —



•HR 1138 IH



1104

22

1 (A) by striking "such fiscal year" the first

2 place it appears and inserting "a biennium";

3 and

4 (B) by striking "such fiscal year" the sec-

5 ond place it appears and inserting "either fiscal

6 year in such biennium".

7 (n) Bills Providing New Spending Author-

8 iTY.— Section 401(b)(2) (2 U.S.C. 651(b)(2)) is amended

9 by striking "for such fiscal year" the second place it ap-

10 pears and inserting "for the biennium in which such fiscal

1 1 year occurs".

12 (o) Analysis by CBO.— Section 403(a) (2 U.S.C.

13 653(a)) is amended —

14 (1) by striking "the fiscal year" in paragraph

15 (1) and inserting "each fiscal year in the biennium";

16 (2) by striking "each of the 4 fiscal years fol-

17 lowing such year" in paragraph (1) and inserting

18 "each fiscal year in the succeeding biennium";

19 (3) by striking "the fiscal year" in paragraph

20 (2) and inserting "each fiscal year in the biennium";

21 and

22 (4) by striking "each of the four fiscal years

23 following such fiscal year" in paragraph (2) and
24 :, inserting "each fiscal year in the succeeding
25 biennium".

•HR 1138 IH



1105



23

1 SEC. 204. AMENDMENTS TO TITLE 31, UNITED STATES

2 CODE.

3 (a) Definition. — Scftion 1101 of title :u. Initcd

4 States Code, is amended by adding at the end tlif-n-ol' the

5 follouinf; new parao^-aph:

6 "(3) 'biennium' lias the meaninfr privfii t(t such

7 term in para^rr'aph (11) of seetion 3 of the ( "onui-fs-

8 sional Budget and Impoundment Control Act of

9 1974 (2 U.8.C. 622(11))". '

10 (b) BriXiET CONTENT.S AND SrjiMI.SSION -jt > TIIK

11 (\)N(;kess. —

12 (1) So mueh of seetion ll()r)(a) of title 31.

13 United States Code, as preeedes paragi-aj't! (1)

14 thereof is amended to read as follows:

15 "(a) On or before the fu'si Monday in Kebniary of

16 eaeh odd-numbered year, begimiing with the One-IIun-

17 dnnl-and-Fourth Conprss, the President shall ti'jitismit to

18 the Congre.ss, the budget for the biennium l)egii!ning on

19 Oetober 1 of .sueh ealendar year. The budget transmitted

20 under this .subseetion shall inelude a budget message and

21 summaiy and supj)orting information. The Pi-esideiif shall

22 inelude in eaeh budget the following.".

23 (2) Seetion 1105(a)(5) of title 31. Cnited

24 States Code, is amended by striking "the llseal year

25 for whieh the budget is .submitted and the A fiscal

26 rears after that vcar" and inserting "eaeh fiseal

•HR 1138 IH



1106

24

1 year in the biennium for which the budget is submit-

2 ted and in the succeeding biennium".

3 (3) Section 1105(a)(6) of title 31, United

4 States Code, is amended by striking "the fiscal year

5 for which the budget is submitted and the 4 fiscal

6 years after that year" and inserting "each fiscal

7 year in the biennium for which the budget is submit-

8 ted and in the succeeding biennium".

9 (4) Section 1105(a)(9)(C) of title 31, United

10 States Code, is amended by striking "the fiscal

11 year" and inserting "each fiscal year in the

12 biennium".

13 (5) Section 1105(a)(12) of title 31, United

14 States Code, is amended —

15 (A) by striking "the fiscal year" in sub-

16 paragraph (A) and inserting "each fiscal year

17 in the biennium"; and

18 (B) by striking "4 fiscal years after that

19 year" in subparagraph (B) and inserting "2 fis-

20 cal years immediately following the second fiscal

21 year in such biennium".

22 (6) Section 1105(a)(13) of title 31, United

23 States Code, is amended by striking "the fiscal

24 year" and inserting "each fiscal year in the

25 biennium".

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1107

25

1 (7) Section 1105(a)(14) of title 31, United

2 States Code, is amended by striking "that year" and

3 inserting: "each fiscal year in the biennium for which

4 the budget is submitted".

5 (8) Section 1105(a)(16) of title 31, United

6 States Code, is amended by striking "the fiscal

7 year" and inserting "each fiscal year in the bien-

8 nium".

9 (9) Section 1105(a)(17)' of title 31, United

10 States Code, is amended —

11 (A) by striking "the fiscal year following

12 the fiscal year" and inserting "each fiscal year

13 in the biennium follo\\ing the biennium";

14 (B) by striking "that following fiscal year"

15 and inserting "each such fiscal year"; and

16 (C) by striking "fiscal year before the fis-

17 cal year" and inserting "biennium before the

18 biennium".

19 (10) Section n05(a)(18) of title 31, Unitod

20 States Code, is amended —

21 (A) by striking "the prior fiscal year" and

22 inserting "each of the 2 most recently eom-

23 j)lete(i fiscal years";

24 (B) by striking "for that year" and insert-

25 ing "with res|)ect to that fiscal year"; and



1108



26

1 (C) by striking "in that year" and insert-

2 ing "in that fiscal year".

3 (11) Section 1105(a)(19) of title 31, United

4 States Code, is amended —

5 (A) by striking "the prior fiscal year" and

6 inserting "each of the 2 most recently com-

7 pleted fiscal years";

8 (B) by striking "for that year" and insert-

9 ing "with respect to that fiscal year"; and

10 (C) by striking "in that year" each place

11 it appears and inserting "in that fiscal year".

12 (c) Estimated Expenditures op Legislative

13 AND Judicial Branches. — Section 1105(b) of title 31,

14 United States Code, is amended by striking "each year"

15 and inserting "each even-numbered year".

16 (d) Recommendations to Meet Estimated Defi-

17 CIENCIES. — Section 1105(c) of title 31, United States

18 Code, is amended —

19 (1) by striking "fiscal year for" each place it

20 appears and inserting "biennium for";

21 (2) by inserting "or current biennium, as the

22 case may be," after "current fiscal year"; and

23 (3) by striking "that year" and inserting "that

24 period".



•HR 1138 IH



1109

27

1 (e) Statement With Respect to Certain

2 Changes.— Section 1105(d) of title 31, United States

3 Code, is amended by striking "fiscal year" and inserting

4 "biennium".

5 (f) Capital Investment Analysis. — Section

6 1105(e) of title 31, United States Code, is amended by

7 striking "ensuing fiscal year" and inserting "biennium to

8 which such budget relates".

9 (g) Supplemental Budget Estimates and

10 Changes. —

11 (1) Section 1106(a) of title 31, United States

12 Code, is amended —

13 (A) in the matter preceding paragraph (1)

14 by striking "fiscal year" and inserting "bien-

15 nium";

16 (B) in paragraph (1) by striking "that fis-

17 cal year" and inserting "each fiscal year in

18 such biennium";

19 (C) in paragraph (2) by striking "4 fiscal

20 years following the fiscal year" and inserting "2

21 fiscal years follo^\^ng the biennium";

22 (D) by striking "future fiscal years" in

23 paragraph (3) and inserting "the 2 fiscal years

24 following the biennium for which the budget is

25 submitted"; and

•HR 1138 IH



1110

28

1 (E) by striking "fiscal year" in paragraph

2 (3) and inserting "biennium".

3 (2) Section 1106(b) of title 31, United States

4 Code, is amended by striking "the fiscal year" and

5 inserting "each fiscal year in the biennium".

6 (h) Year-Ahead Requests for Authorizing

7 Legislation.— Section 1110 of title 31, United States

8 Code, is amended —

9 (1) by striking "fiscal year" and inserting "bi-

10 ennium (beginning on or after October 1, 1993)",

11 and

12 (2) by striking "year before the year in which

13 the fiscal year begins" and inserting "second cal-

14 endar year preceding the calendar year in which the

15 biennium begins".

16 (i) Budget Information on Consulting Serv-

17 ices.— Section 1114 of title 31, United States Code, is

18 amended —

19 (1) by striking "The" each place it appears and

20 inserting "For each biennium beginning with the bi-

21 ennium beginning on October 1, 1995, the"; and

22 (2) by striking "each year" each place it

23 appears.



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nil



29

1 SEC. 205. TITLE AND STYLE OF APPROPRIATIONS ACTS.

2 Section 105 of title 1, United States Code, is amend-

3 ed to read as follows:

4 *^§ 105. Title and style of appropriations Acts

5 "(a) The style and title of all Acts making appropria-

6 tions for the support of the Government shall be as fol-

7 lows: 'An Act making appropriations (here insert the ob-

8 ject) for the biennium ending September 30 (here insert

9 the odd-numbered calendar year).'.'

10 "(b) All Acts making regular appropriations for the

1 1 support of the Government shall be enacted for a biennium

12 and shall specify the amount of appropriations provided

13 for each fiscal year in such period.

14 "(c) For purposes of this section, the term 'biennium'

15 has the same meaning as in section 3(11) of the Congres-

16 sional Budget and Impoundment Control Act of 1974 (2

17 U.S.C. 622(11)).".

18 SEC. 206. ASSISTANCE BY FEDERAL AGENCIES TO STAND-

19 ING COMMITTEES OF THE SENATE AND THE

20 HOUSE OF REPRESENTATIVES.

21 (a) Information Regarding Agency Appropria-

22 TIONS Requests. — To assist each standing committee of

23 the Senate and the House of Representatives in carrying

24 out its responsibilities, the head of each Federal agency

25 which administers the laws or parts of laws under the ju-

26 risdiction of such committee shall provide to such commit-

•HR 1138 IH



1112

30

1 tee such studies, information, analyses, reports, and as-

2 sistanee as may be requested by the chairman and ranking

3 minority member of the committee.

4 (b) Information Regarding Agency Program

5 Administration. —

6 (1) Furnishing information. — To assist

7 each standing committee of the Senate and the

8 House of Representatives in carrying out its respon-

9 sibilities, the head of any agency shall furnish with-

10 out charge to such committee computer tapes or

1 1 disks, together with explanatory documentation, eon-

12 taining information received, compiled, or main-

13 tained by the agency as part of the operation or ad-

14 ministration of a program, or specifically compiled

15 pursuant to a request in support of a review of a

16 program, as may be requested by the chairman and

17 ranking minority member of such committee.

18 (2) Minimizing requests. — The Committee

19 on House Administration of the House of Represent-

20 atives and the Committee on Rules and Administra-

21 tion of the Senate shall prescribe rules and regula-

22 tions for their respective Houses which will minimize

23 duplication of requests under paragraph (1) of this

24 subsection.



•HR 1138 IH



1113

31

1 (c) Summaries by Comptroller General. — ^With-

2 in 30 days after the receipt of a request from a chairman

3 and ranking minority member of a standing committee

4 having jurisdiction over a program being reviewed and

5 studied by such committee under this section, the Comp-

6 troller General of the United States shall furnish to such

7 committee summaries of any audits or reviews of such pro-

8 gram which the Comptroller General has completed during

9 the preceding 6 years.

10 (d) Congressional Assistance. — Consistent with

1 1 their duties and functions under law, the Comptroller Gen-

12 eral of the United States, the Director of the Congres-

13 sional Budget Office, the Director of the Office of Tech-

14 nologj^ Assessment, and the Director of the Congressional

15 Research Service shall furnish to each standing committee

16 of the Senate or the House of Representatives such infor-

17 mation, studies, analyses, and reports as the chairman and

18 ranking minority member may request to assist the com-

19 mittee in conducting reviews and studies of programs

20 under this section.

21 (e) Secret and Classified Information Pro-

22 TECTED. — This section does not require the public disclo-

23 sure of matters that are specifically authorized under cri-

24 teria established by an Executive order to be kept secret

25 in the interest of national defense or foreign policy and



1114

32

1 are in fact properly classified pursuant to such Executive

2 order, or which are otherwise specifically protected by law.

3 This section does not require any committee of the Senate

4 to disclose publicly information the disclosure of which is

5 governed by Senate Resolution 400, Ninety-fourth Con-

6 gress, or any other rule of the Senate.

7 SEC. 207. AMENDMENTS TO RULES OF HOUSE OF REP-

8 RESENTATIVES.

9 The Rules of the House of Representatives are

10 amended as follows:

11 (1) Clause 4(a)(1)(A) of rule X is amended by

12 inserting "odd-numbered" after "each".

13 (2) Clause 4(a)(2) of rule X is amended by

14 striking "such fiscal year" and inserting "the bien-

15 nium in which such fiscal year begins".

16 (3) Clause 4(b)(2) of rule X is amended by

17 striking "first concurrent resolution on the budget

18 for each fiscal year" and inserting "concurrent reso-

19 lution on the budget required under section 301(a)

20 of the Congressional Budget Act of 1974 for each

21 biennium".

22 (4) Clause 4(f) of rule X is amended by striking

23 "annually" each place it appears and inserting "bi-

24 ennially".

25 (5) Clause 4(g) of rule X is amended —



1115

33

1 (A) by striking "March 15 of each year"

2 and inserting "March 15 of each odd-numbered

3 year";

4 (B) by striking "fiscal year" the first place

5 it appears and inserting "biennium"; and

6 (C) by striking "that fiscal year" and in-

7 serting "each fiscal year in such ensuing

8 biennium".

9 (6) Clause 4(h) of rule X is amended by strik-

10 ing "fiscal year" and inserting "biennium".

11 (7) Subdivision (C) of clause 2(1)(1) of rule XI

12 is repealed.

13 (8) Clause 4(a) of rule XI is amended by strik-

14 ing "fiscal year if reported after September 15 pre-

15 ceding the beginning of such fiscal year" and insert-

16 ing "biennium if reported after August 1 of the year

17 in which such biennium begins".

18 (9) Clause 2 of rule XLEX is amended by strik-

19 ing "fiscal year" and inserting "biennium".

20 SEC. 208. EFFECTIVE DATE; APPUCATION.

21 (a) In General. — Except as provided in subsection

22 (b), this title and the amendments made by it shall become

23 effective Januan^ 1, 1995, and shall apply to bienniums

24 beginning after September 30, 1995.



1116

34

1 (b) Fiscal Year 1995. — Notwithstanding subsection

2 (a), the provisions of —

3 (1) the Congressional Budget Act of 1974, and

4 (2) title 31, United States Code,

5 (as such provisions were in effect on the day before the

6 effective date of this Act) shall apply to the fiscal year

7 beginning on October 1, 1994.

8 (c) Definition. — For purposes of this section, the

9 term "biennium" shall have the meaning given to such

10 term in section 3(11) of the Congressional Budget and

11 Impoundment Control Act of 1974 (2 U.S.C. 622(11)),

12 as added by section 202(b)(2) of this Act.

13 TITLE III— UNIFIED OPERATING

14 AND CAPITAL BUDGET

15 SEC. 301. STATEMENT OF FINDING AND PURPOSE.

16 (a) Statement of Finding. — The Congress finds

17 that the existing budget obscures the distinctions between

18 capital activities and operating activities, and between

19 Federal funds and trust funds so as to hinder identifying

20 the resources needed to meet the Government's needs.

21 (b) Purpose. — It is the purpose of this title that the

22 unified budget present a capital budget and an operating

23 budget, and distinguish between Federal funds and trust

24 funds, in order to provide better and more relevant infor-



1117

35

1 mation on the revenues, expenses, and financing require-

2 ments of Government programs and activities.

3 SEC. 302. CAPITAL AND OPERATING BUDGETS.

4 Title 31, United States Code, is amended by inserting

5 after section 1105 the following new section:

6 *'§ 1105a. Capital and operating budgets

7 "(a)(1) The budget of the United States submitted

8 by the President under section 1105 of this title shall be

9 a unified budget composed of aii operating budget and a

10 capital budget.

11 "(2) Operating and capital budgets shall be presented

12 separately for total funds, Federal funds, and trust funds.

13 "(b)(1) Actual, estimated, and proposed amounts

14 shall be presented for total funds. Federal funds, and trust

15 funds and, at a minimum, shall contain —

16 "(A) for the operating budget the following: (i)

17 operating revenues, (ii) operating expenses, (iii) op-

18 erating surplu^deficit before interfund transfers,

19 (iv) interfund transfers, and (v) operating surplu^

20 deficit;

21 "(B) for the capital budget the following: (i)

22 capital revenues, (ii) capital investments, (iii) net

23 capital investments, (iv) interfund transfers, and (v)

24 capital financing requirements;

25 "(C) items not affecting funds; and



1118

36

1 "(D) unified budget financing requirements.

2 "(2) The capital budget shall represent only the

3 major activities, projects, and programs which support the

4 acquisition, construction, alteration, and rehabilitation of

5 capital assets. All other activities, projects, and programs

6 shall be represented in the operating budget.

7 "(c) In addition to the unified budget submitted by

8 the President as required by subsections (a) and (b) of

9 this section, the President shall present information in the

10 form required by subsection (b)(1) for accounts, agencies,

1 1 and functions, to the extent applicable.

12 "(d) In this section —

13 "(1) 'unified budget' means a budget in which

14 revenues and expenses for Federal funds and trust

15 funds are consolidated to display totals for the Fed-

16 eral Government as a whole;

17 "(2) 'trust funds' means —

18 "(A) the Federal Old-Age and Survivors

19 Insurance Trust Fund,

20 "(B) the Federal Hospital Insurance Trust

21 Fund,

22 "(C) the Civil Service Retirement and Dis-

23 ability Fund,

24 "(D) the Military Retirement Fund,



1119

37

1 "(E) the Federal Supplementary Medical

2 Insurance Trust Fund,

3 "(F) the Unemployment Trust Fund,

4 "(G) the Federal Disability Insurance

5 Trust Fund, and

6 "(H) such other funds or accounts of the

7 Government that the Director of the Office of

8 Management and Budget, in consultation with

9 the Comptroller General, determines should be

10 classified as trust funds in order to fulfill the

1 1 purpose of this section;

12 "(3) 'Federal funds' includes all accounts of the

13 Government that are not trust funds;

14 "(4) 'total funds' means Federal funds and

15 trust funds and represents the unified budget;

16 "(5) 'capital assets' means physical assets and

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