II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Biennial Appropria5 tions Act’’. 

6 SEC. 2. REVISION OF TIMETABLE. 

7 Section 300 of the Congressional Budget Act of 1974 

8 (2 U.S.C. 631) is amended to read as follows: 


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1 ‘‘TIMETABLE

2 ‘‘SEC. 300. (a) TIMETABLE.— 

3 ‘‘(1) IN GENERAL.—The timetable with respect 

4 to the congressional budget process for any fiscal 

5 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. 

6 ‘‘(2) SPECIAL RULE.—In the case of any first 

7 session of Congress that begins in any year imme8 diately following a leap year and during which the 

9 term of a President (except a President who suc10 ceeds himself or herself) begins, the following dates 

11 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. 


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‘‘First Session—Continued 

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. 

1 ‘‘(b) BIENNIAL APPROPRIATION BILLS AND DE2 FENSE APPROPRIATION BILL.—Appropriation bills shall 

3 be enacted as follows: 

4 ‘‘(1) ODD-NUMBERED YEARS.—In odd-num5 bered years Congress shall consider pursuant to the 

6 budget process in this title and enact— 

7 ‘‘(A) an annual defense appropriation bill; 

8 and 

9 ‘‘(B) biennial appropriation bills for— 

10 ‘‘(i) Agriculture; 

11 ‘‘(ii) Transportation, HUD; 

12 ‘‘(iii) Interior, Environment; 

13 ‘‘(iv) Labor, HHS, Education; and 

14 ‘‘(v) Military Construction, Veterans 

15 Affairs. 

16 ‘‘(2) EVEN-NUMBERED YEARS.—In even-num17 bered years Congress shall consider pursuant to the 

18 budget process in this title and enact— 


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1 ‘‘(A) an annual defense appropriation bill; 

2 and 

3 ‘‘(B) biennial appropriation bills for— 

4 ‘‘(i) Commerce, Justice, Science; 

5 ‘‘(ii) Energy and Water; 

6 ‘‘(iii) Homeland Security; 

7 ‘‘(iv) Financial Services; 

8 ‘‘(v) Legislative Branch; and 

9 ‘‘(vi) State–Foreign Operations.’’ 

10 SEC. 3. AMENDMENTS TO THE CONGRESSIONAL BUDGET 

11 AND IMPOUNDMENT CONTROL ACT OF 1974. 

12 (a) DEFINITIONS.—Section 3 of such Act (2 U.S.C. 

13 622) is further amended by adding at the end the fol14 lowing new paragraph: 

15 ‘‘(11) The term ‘biennium’ means the period of 

16 2 consecutive fiscal years beginning on October 1.’’. 

17 (b) COMMITTEE ALLOCATIONS.—Section 302 of such 

18 Act (2 U.S.C. 633) is amended— 

19 (1) in subsection (a)(1), by— 

20 (A) inserting after ‘‘for the first fiscal year 

21 of the resolution,’’ the following: ‘‘and for ap22 propriations for each fiscal year in the bien23 nium and for the first fiscal year of the resolu24 tion for defense,’’; 


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1 (B) striking ‘‘for that period of fiscal 

2 years’’ and inserting ‘‘for all fiscal years cov3 ered by the resolution’’; and 

4 (C) inserting after ‘‘for the fiscal year of 

5 that resolution’’ the following: ‘‘for defense and 

6 for each fiscal year in the biennium’’; 

7 (2) in subsection (b), by inserting after ‘‘budget 

8 year’’ the following: ‘‘for defense and the biennium’’; 

9 and 

10 (3) in subsection (f)(2)(A), by— 

11 (A) inserting after ‘‘the first fiscal year’’ 

12 and inserting ‘‘or each fiscal year of the bien13 nium’’; and 

14 (B) striking ‘‘the total of fiscal years’’ and 

15 inserting ‘‘the total of all fiscal years covered by 

16 the resolution’’. 

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

18 (a) DEFINITION.—Section 1101 of title 31, United 

19 States Code, is amended by adding at the end thereof the 

20 following new paragraph: 

21 ‘‘(3) ‘biennium’ has the meaning given to such 

22 term in paragraph (11) of section 3 of the Congres23 sional Budget and Impoundment Control Act of 

24 1974 (2 U.S.C. 622(11)).’’. 


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1 (b) BUDGET CONTENTS AND SUBMISSION TO THE

2 CONGRESS.— 

3 (1) EXPENDITURES.—Section 1105(a)(5) of 

4 title 31, United States Code, is amended by striking 

5 ‘‘the fiscal year for which the budget is submitted 

6 and the 4 fiscal years after that year’’ and inserting 

7 ‘‘each fiscal year in the biennium for which the 

8 budget is submitted and in the succeeding 4 fiscal 

9 years’’. 

10 (2) RECEIPTS.—Section 1105(a)(6) of title 31, 

11 United States Code, is amended by striking ‘‘the fis12 cal year for which the budget is submitted and the 

13 4 fiscal years after that year’’ and inserting ‘‘each 

14 fiscal year in the biennium for which the budget is 

15 submitted and in the succeeding 4 years’’. 

16 (3) BALANCE STATEMENTS.—Section 

17 1105(a)(9)(C) of title 31, United States Code, is 

18 amended by striking ‘‘the fiscal year’’ and inserting 

19 ‘‘each fiscal year in the biennium’’. 

20 (4) FUNCTIONS AND ACTIVITIES.—Section 

21 1105(a)(12) of title 31, United States Code, is 

22 amended in subparagraph (A), by striking ‘‘the fis23 cal year’’ and inserting ‘‘each fiscal year in the bien24 nium’’. 


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1 (5) ALLOWANCES.—Section 1105(a)(13) of title 

2 31, United States Code, is amended by striking ‘‘the 

3 fiscal year’’ and inserting ‘‘each fiscal year in the bi4 ennium’’. 

5 (6) ALLOWANCES FOR UNCONTROLLED EX6 PENDITURES.—Section 1105(a)(14) of title 31, 

7 United States Code, is amended by striking ‘‘that 

8 year’’ and inserting ‘‘each fiscal year in the bien9 nium for which the budget is submitted’’. 

10 (7) TAX EXPENDITURES.—Section 1105(a)(16) 

11 of title 31, United States Code, is amended by strik12 ing ‘‘the fiscal year’’ and inserting ‘‘each fiscal year 

13 in the biennium’’. 

14 (8) FUTURE YEARS.—Section 1105(a)(17) of 

15 title 31, United States Code, is amended— 

16 (A) by striking ‘‘the fiscal year following 

17 the fiscal year’’ and inserting ‘‘each fiscal year 

18 in the biennium following the biennium’’; 

19 (B) by striking ‘‘that following fiscal year’’ 

20 and inserting ‘‘each such fiscal year’’; and 

21 (C) by striking ‘‘fiscal year before the fis22 cal year’’ and inserting ‘‘biennium before the bi23 ennium’’. 


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1 (9) PRIOR YEAR OUTLAYS.—Section 

2 1105(a)(18) of title 31, United States Code, is 

3 amended— 

4 (A) by striking ‘‘the prior fiscal year’’ and 

5 inserting ‘‘each of the 2 most recently com6 pleted fiscal years,’’; 

7 (B) by striking ‘‘for that year’’ and insert8 ing ‘‘with respect to those fiscal years’’; and 

9 (C) by striking ‘‘in that year’’ and insert10 ing ‘‘in those fiscal years’’. 

11 (10) PRIOR YEAR RECEIPTS.—Section 

12 1105(a)(19) of title 31, United States Code, is 

13 amended— 

14 (A) by striking ‘‘the prior fiscal year’’ and 

15 inserting ‘‘each of the 2 most recently com16 pleted fiscal years’’; 

17 (B) by striking ‘‘for that year’’ and insert18 ing ‘‘with respect to those fiscal years’’; and 

19 (C) by striking ‘‘in that year’’ each place 

20 it appears and inserting ‘‘in those fiscal years’’. 

21 (c) ESTIMATED EXPENDITURES OF LEGISLATIVE

22 AND JUDICIAL BRANCHES.—Section 1105(b) of title 31, 

23 United States Code, is amended by striking ‘‘each year’’ 

24 and inserting ‘‘each even-numbered year’’. 


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1 (d) RECOMMENDATIONS TO MEET ESTIMATED DE2 FICIENCIES.—Section 1105(c) of title 31, United States 

3 Code, is amended— 

4 (1) by striking ‘‘the fiscal year for’’ the first 

5 place it appears and inserting ‘‘each fiscal year in 

6 the biennium for’’; 

7 (2) by striking ‘‘the fiscal year for’’ the second 

8 place it appears and inserting ‘‘each fiscal year of 

9 the biennium, as the case may be, for’’; and 

10 (3) by striking ‘‘for that year’’ and inserting 

11 ‘‘for each fiscal year of the biennium’’. 

12 (e) CAPITAL INVESTMENT ANALYSIS.—Section 

13 1105(e)(1) of title 31, United States Code, is amended 

14 by striking ‘‘ensuing fiscal year’’ and inserting ‘‘biennium 

15 to which such budget relates’’. 

16 SEC. 5. TWO-YEAR APPROPRIATIONS; TITLE AND STYLE OF 

17 APPROPRIATIONS ACTS. 

18 Section 105 of title 1, United States Code, is amend19 ed to read as follows: 

20 ‘‘§ 105. Title and style of appropriations Acts 

21 ‘‘(a) IN GENERAL.— 

22 ‘‘(1) NONDEFENSE.—Except as provided in 

23 paragraph (2), the style and title of all Acts making 

24 appropriations for the support of the Government 

25 shall be as follows: ‘An Act making appropriations 


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1 (here insert the object) for each fiscal year in the bi2 ennium of fiscal years (here insert the fiscal years 

3 of the biennium).’. 

4 ‘‘(2) DEFENSE.—The style and title of Acts 

5 making appropriations for the support of defense 

6 shall be as follows: ‘An Act making appropriations 

7 for defense for fiscal year (here insert the fiscal 

8 year).’. 

9 ‘‘(3) AMOUNTS.—All Acts making regular ap10 propriations for the support of the Government shall 

11 specify the amount of appropriations provided for 

12 each fiscal year in such period. 

13 ‘‘(b) DEFINITIONS.—In this section— 

14 ‘‘(1) the term ‘biennium’ has the same meaning 

15 as in section 3(11) of the Congressional Budget and 

16 Impoundment Control Act of 1974 (2 U.S.C. 

17 622(11)); and 

18 ‘‘(2) Acts described in subsection (a)(1) shall be 

19 considered as provided in section 300(b) of the Con20 gressional Budget Act of 1974 (2 U.S.C. 631(b)).’’. 

21 SEC. 6. MULTIYEAR AUTHORIZATIONS. 

22 (a) IN GENERAL.—Title III of the Congressional 

23 Budget Act of 1974 is amended by adding at the end the 

24 following new section: 


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1 ‘‘AUTHORIZATIONS OF APPROPRIATIONS

2 ‘‘SEC. 316. (a) POINT OF ORDER.—It shall not be 

3 in order in the House of Representatives or the Senate 

4 to consider— 

5 ‘‘(1) any bill, joint resolution, amendment, mo6 tion, or conference report that authorizes appropria7 tions for a period of less than 2 fiscal years, unless 

8 the program, project, or activity for which the ap9 propriations are authorized will require no further 

10 appropriations and will be completed or terminated 

11 after the appropriations have been expended; and 

12 ‘‘(2) in any odd-numbered year, any authoriza13 tion or revenue bill or joint resolution until Congress 

14 completes action on the biennial budget resolution, 

15 all regular biennial appropriations bills, and all rec16 onciliation bills. 

17 ‘‘(b) APPLICABILITY.—In the Senate, subsection (a) 

18 shall not apply to— 

19 ‘‘(1) defense; 

20 ‘‘(2) any measure that is privileged for consid21 eration pursuant to a rule or statute; 

22 ‘‘(3) any matter considered in Executive Ses23 sion; or 

24 ‘‘(4) an appropriations measure or reconcili25 ation bill.’’. 


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1 (b) AMENDMENT TO TABLE OF CONTENTS.—The 

2 table of contents set forth in section 1(b) of the Congres3 sional Budget and Impoundment Control Act of 1974 is 

4 amended by adding after the item relating to section 315 

5 the following new item: 

‘‘Sec. 316. Authorizations of appropriations.’’. 

6 SEC. 7. CONGRESSIONAL OVERSIGHT. 

7 (a) IN GENERAL.—In each year that the activities of 

8 an agency are not required to be funded pursuant to sec9 tion 300(b) of the Congressional Budget Act of 1974, the 

10 committee of the House and the Senate with legislative 

11 jurisdiction over that agency shall hold a joint oversight 

12 hearing with the corresponding subcommittee of the Com13 mittee on Appropriations of their respective House with 

14 jurisdiction over the agency. 

15 (b) HEARING.—The hearing required by subsection 

16 (a) shall review— 

17 (1) the mission of the agency; 

18 (2) the impact of biennial budgeting on agency 

19 efficiency; 

20 (3) the cost savings associated with biennial 

21 budgeting; 

22 (4) new programs created in the off year of the 

23 agency budget; and 

24 (5) programs that were terminated in the off 

25 year of the agency budget. 


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1 SEC. 8. REPORT ON TWO-YEAR FISCAL PERIOD. 

2 Not later than 180 days after the date of enactment 

3 of this Act, the Director of OMB shall— 

4 (1) determine the impact and feasibility of 

5 changing the definition of a fiscal year and the 

6 budget process based on that definition to a 2-year 

7 fiscal period with a biennial budget process based on 

8 the 2-year period; and 

9 (2) report the findings of the study to the Com10 mittees on the Budget of the House of Representa11 tives and the Senate. 

12 SEC. 9. EFFECTIVE DATE. 

13 Except as provided in section 7, this Act and the 

14 amendments made by this Act shall take effect on January 

15 1, 2013, and shall apply to budget resolutions and appro16 priations for the biennium beginning with fiscal year 

17 2014. 

Æ 


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