Text: S.1274 — 112th Congress (2011-2012)All Information (Except Text)

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Introduced in Senate (06/23/2011)


112th CONGRESS
1st Session
S. 1274


To provide for a biennial appropriations process with the exception of defense spending and to enhance oversight and the performance of the Federal Government.


IN THE SENATE OF THE UNITED STATES

June 23, 2011

Mr. Enzi (for himself, Mr. Isakson, and Mrs. Shaheen) introduced the following bill; which was read twice and referred to the Committee on the Budget


A BILL

To provide for a biennial appropriations process with the exception of defense spending and to enhance oversight and the performance of the Federal Government.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. Short title.

This Act may be cited as the “Biennial Appropriations Act”.

SEC. 2. Revision of timetable.

Section 300 of the Congressional Budget Act of 1974 (2 U.S.C. 631) is amended to read as follows:

    Timetable

“Sec. 300. (a) Timetable.—

“(1) IN GENERAL.—The timetable with respect to the congressional budget process for any fiscal year is as follows:


“On or before: Action to be completed:
First Monday in February President submits his budget.
February 15 Congressional Budget Office submits report to Budget Committees.
Not later than 6 weeks after President submits budget Committees submit views and estimates to Budget Committees.
April 1 Budget Committees report concurrent resolution on the budget.
April 15 Congress completes action on concurrent resolution on the budget.
May 15 Biennial appropriation bills and the defense appropriation bill may be considered in the House as provided in subsection (b).
June 10 House Appropriations Committee reports last appropriation bill.
June 15 Congress completes action on reconciliation legislation.
June 30 House completes action on appropriation bills.
August 1 Congress completes action on appropriation bills.
October 1 Fiscal year begins.

“(2) SPECIAL RULE.—In the case of any first session of Congress that begins in any year immediately following a leap year and during which the term of a President (except a President who succeeds himself or herself) begins, the following dates shall supersede those set forth in subsection (a):


First Session
On or before: Action to be completed:
First Monday in April President submits his budget.
April 15 Congressional Budget Office submits report to Budget Committees.
April 20 Committees submit views and estimates to Budget Committees.
May 15 Budget Committees report concurrent resolution on the biennial budget.
June 1 Congress completes action on concurrent resolution on the biennial budget.
July 1 Biennial appropriation bills may be considered in the House.
July 20 Biennial appropriation bills and the defense appropriation bill may be considered in the House as provided in subsection (b).
August 1 Congress completes action on biennial appropriations bills and reconciliation legislation.
October 1 Biennium begins.

“(b) Biennial appropriation bills and defense appropriation bill.—Appropriation bills shall be enacted as follows:

“(1) ODD-NUMBERED YEARS.—In odd-numbered years Congress shall consider pursuant to the budget process in this title and enact—

“(A) an annual defense appropriation bill; and

“(B) biennial appropriation bills for—

“(i) Agriculture;

“(ii) Transportation, HUD;

“(iii) Interior, Environment;

“(iv) Labor, HHS, Education; and

“(v) Military Construction, Veterans Affairs.

“(2) EVEN-NUMBERED YEARS.—In even-numbered years Congress shall consider pursuant to the budget process in this title and enact—

“(A) an annual defense appropriation bill; and

“(B) biennial appropriation bills for—

“(i) Commerce, Justice, Science;

“(ii) Energy and Water;

“(iii) Homeland Security;

“(iv) Financial Services;

“(v) Legislative Branch; and

“(vi) State–Foreign Operations.”

SEC. 3. Amendments to the Congressional Budget and Impoundment Control Act of 1974.

(a) Definitions.—Section 3 of such Act (2 U.S.C. 622) is further amended by adding at the end the following new paragraph:

“(11) The term ‘biennium’ means the period of 2 consecutive fiscal years beginning on October 1.”.

(b) Committee Allocations.—Section 302 of such Act (2 U.S.C. 633) is amended—

(1) in subsection (a)(1), by—

(A) inserting after “for the first fiscal year of the resolution,” the following: “and for appropriations for each fiscal year in the biennium and for the first fiscal year of the resolution for defense,”;

(B) striking “for that period of fiscal years” and inserting “for all fiscal years covered by the resolution”; and

(C) inserting after “for the fiscal year of that resolution” the following: “for defense and for each fiscal year in the biennium”;

(2) in subsection (b), by inserting after “budget year” the following: “for defense and the biennium”; and

(3) in subsection (f)(2)(A), by—

(A) inserting after “the first fiscal year” and inserting “or each fiscal year of the biennium”; and

(B) striking “the total of fiscal years” and inserting “the total of all fiscal years covered by the resolution”.

SEC. 4. AMENDMENTS TO TITLE 31, UNITED STATES CODE.

(a) Definition.—Section 1101 of title 31, United States Code, is amended by adding at the end thereof the following new paragraph:

“(3) ‘biennium’ has the meaning given to such term in paragraph (11) of section 3 of the Congressional Budget and Impoundment Control Act of 1974 (2 U.S.C. 622(11)).”.

(b) Budget Contents and Submission to the Congress.—

(1) EXPENDITURES.—Section 1105(a)(5) of title 31, United States Code, is amended by striking “the fiscal year for which the budget is submitted and the 4 fiscal years after that year” and inserting “each fiscal year in the biennium for which the budget is submitted and in the succeeding 4 fiscal years”.

(2) RECEIPTS.—Section 1105(a)(6) of title 31, United States Code, is amended by striking “the fiscal year for which the budget is submitted and the 4 fiscal years after that year” and inserting “each fiscal year in the biennium for which the budget is submitted and in the succeeding 4 years”.

(3) BALANCE STATEMENTS.—Section 1105(a)(9)(C) of title 31, United States Code, is amended by striking “the fiscal year” and inserting “each fiscal year in the biennium”.

(4) FUNCTIONS AND ACTIVITIES.—Section 1105(a)(12) of title 31, United States Code, is amended in subparagraph (A), by striking “the fiscal year” and inserting “each fiscal year in the biennium”.

(5) ALLOWANCES.—Section 1105(a)(13) of title 31, United States Code, is amended by striking “the fiscal year” and inserting “each fiscal year in the biennium”.

(6) ALLOWANCES FOR UNCONTROLLED EXPENDITURES.—Section 1105(a)(14) of title 31, United States Code, is amended by striking “that year” and inserting “each fiscal year in the biennium for which the budget is submitted”.

(7) TAX EXPENDITURES.—Section 1105(a)(16) of title 31, United States Code, is amended by striking “the fiscal year” and inserting “each fiscal year in the biennium”.

(8) FUTURE YEARS.—Section 1105(a)(17) of title 31, United States Code, is amended—

(A) by striking “the fiscal year following the fiscal year” and inserting “each fiscal year in the biennium following the biennium”;

(B) by striking “that following fiscal year” and inserting “each such fiscal year”; and

(C) by striking “fiscal year before the fiscal year” and inserting “biennium before the biennium”.

(9) PRIOR YEAR OUTLAYS.—Section 1105(a)(18) of title 31, United States Code, is amended—

(A) by striking “the prior fiscal year” and inserting “each of the 2 most recently completed fiscal years,”;

(B) by striking “for that year” and inserting “with respect to those fiscal years”; and

(C) by striking “in that year” and inserting “in those fiscal years”.

(10) PRIOR YEAR RECEIPTS.—Section 1105(a)(19) of title 31, United States Code, is amended—

(A) by striking “the prior fiscal year” and inserting “each of the 2 most recently completed fiscal years”;

(B) by striking “for that year” and inserting “with respect to those fiscal years”; and

(C) by striking “in that year” each place it appears and inserting “in those fiscal years”.

(c) Estimated Expenditures of Legislative and Judicial Branches.—Section 1105(b) of title 31, United States Code, is amended by striking “each year” and inserting “each even-numbered year”.

(d) Recommendations To Meet Estimated Deficiencies.—Section 1105(c) of title 31, United States Code, is amended—

(1) by striking “the fiscal year for” the first place it appears and inserting “each fiscal year in the biennium for”;

(2) by striking “the fiscal year for” the second place it appears and inserting “each fiscal year of the biennium, as the case may be, for”; and

(3) by striking “for that year” and inserting “for each fiscal year of the biennium”.

(e) Capital Investment Analysis.—Section 1105(e)(1) of title 31, United States Code, is amended by striking “ensuing fiscal year” and inserting “biennium to which such budget relates”.

SEC. 5. Two-year appropriations; title and style of appropriations Acts.

Section 105 of title 1, United States Code, is amended to read as follows:

§ 105. Title and style of appropriations Acts

“(a) In General.—

“(1) NONDEFENSE.—Except as provided in paragraph (2), 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).’.

“(2) DEFENSE.—The style and title of Acts making appropriations for the support of defense shall be as follows: ‘An Act making appropriations for defense for fiscal year (here insert the fiscal year).’.

“(3) AMOUNTS.—All Acts making regular appropriations for the support of the Government shall specify the amount of appropriations provided for each fiscal year in such period.

“(b) Definitions.—In this section—

“(1) 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)); and

“(2) Acts described in subsection (a)(1) shall be considered as provided in section 300(b) of the Congressional Budget Act of 1974 (2 U.S.C. 631(b)).”.

SEC. 6. Multiyear authorizations.

(a) In General.—Title III of the Congressional Budget Act of 1974 is amended by adding at the end the following new section:

    Authorizations of appropriations

“Sec. 316. (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, any authorization or revenue bill or joint resolution until Congress completes action on the biennial budget resolution, all regular biennial appropriations bills, and all reconciliation bills.

“(b) Applicability.—In the Senate, subsection (a) shall not apply to—

“(1) defense;

“(2) any measure that is privileged for consideration pursuant to a rule or statute;

“(3) any matter considered in Executive Session; or

“(4) an appropriations measure or reconciliation bill.”.

(b) Amendment to Table of Contents.—The table of contents set forth in section 1(b) of the Congressional Budget and Impoundment Control Act of 1974 is amended by adding after the item relating to section 315 the following new item:


“Sec. 316. Authorizations of appropriations.”.

SEC. 7. Congressional oversight.

(a) In general.—In each year that the activities of an agency are not required to be funded pursuant to section 300(b) of the Congressional Budget Act of 1974, the committee of the House and the Senate with legislative jurisdiction over that agency shall hold a joint oversight hearing with the corresponding subcommittee of the Committee on Appropriations of their respective House with jurisdiction over the agency.

(b) Hearing.—The hearing required by subsection (a) shall review—

(1) the mission of the agency;

(2) the impact of biennial budgeting on agency efficiency;

(3) the cost savings associated with biennial budgeting;

(4) new programs created in the off year of the agency budget; and

(5) programs that were terminated in the off year of the agency budget.

SEC. 8. Report on two-year fiscal period.

Not later than 180 days after the date of enactment of this Act, the Director of OMB shall—

(1) determine the impact and feasibility of changing the definition of a fiscal year and the budget process based on that definition to a 2-year fiscal period with a biennial budget process based on the 2-year period; and

(2) report the findings of the study to the Committees on the Budget of the House of Representatives and the Senate.

SEC. 9. Effective date.

Except as provided in section 7, this Act and the amendments made by this Act shall take effect on January 1, 2013, and shall apply to budget resolutions and appropriations for the biennium beginning with fiscal year 2014.