[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 365 Engrossed Amendment House (EAH)]
In the House of Representatives, U. S.,
August 1, 2011.
Resolved, That the bill from the Senate (S. 365) entitled ``An Act
to make a technical amendment to the Education Sciences Reform Act of
2002.'', do pass with the following:
AMENDMENT:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Budget Control Act
of 2011''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Severability.
TITLE I--TEN-YEAR DISCRETIONARY CAPS WITH SEQUESTER
Sec. 101. Enforcing discretionary spending limits.
Sec. 102. Definitions.
Sec. 103. Reports and orders.
Sec. 104. Expiration.
Sec. 105. Amendments to the Congressional Budget and Impoundment
Control Act of 1974.
Sec. 106. Senate budget enforcement.
TITLE II--VOTE ON THE BALANCED BUDGET AMENDMENT
Sec. 201. Vote on the balanced budget amendment.
Sec. 202. Consideration by the other House.
TITLE III--DEBT CEILING DISAPPROVAL PROCESS
Sec. 301. Debt ceiling disapproval process.
Sec. 302. Enforcement of budget goal.
TITLE IV--JOINT SELECT COMMITTEE ON DEFICIT REDUCTION
Sec. 401. Establishment of Joint Select Committee.
Sec. 402. Expedited consideration of joint committee recommendations.
Sec. 403. Funding.
Sec. 404. Rulemaking.
TITLE V--PELL GRANT AND STUDENT LOAN PROGRAM CHANGES
Sec. 501. Federal Pell grants.
Sec. 502. Termination of authority to make interest subsidized loans to
graduate and professional students.
Sec. 503. Termination of direct loan repayment incentives.
Sec. 504. Inapplicability of title IV negotiated rulemaking and master
calendar exception.
SEC. 2. SEVERABILITY.
If any provision of this Act, or any application of such provision
to any person or circumstance, is held to be unconstitutional, the
remainder of this Act and the application of this Act to any other
person or circumstance shall not be affected.
TITLE I--TEN-YEAR DISCRETIONARY CAPS WITH SEQUESTER
SEC. 101. ENFORCING DISCRETIONARY SPENDING LIMITS.
Section 251 of the Balanced Budget and Emergency Deficit Control
Act of 1985 is amended to read as follows:
``SEC. 251. ENFORCING DISCRETIONARY SPENDING LIMITS.
``(a) Enforcement.--
``(1) Sequestration.--Within 15 calendar days after
Congress adjourns to end a session there shall be a
sequestration to eliminate a budget-year breach, if any, within
any category.
``(2) Eliminating a breach.--Each non-exempt account within
a category shall be reduced by a dollar amount calculated by
multiplying the enacted level of sequestrable budgetary
resources in that account at that time by the uniform
percentage necessary to eliminate a breach within that
category.
``(3) Military personnel.--If the President uses the
authority to exempt any personnel account from sequestration
under section 255(f), each account within subfunctional
category 051 (other than those military personnel accounts for
which the authority provided under section 255(f) has been
exercised) shall be further reduced by a dollar amount
calculated by multiplying the enacted level of non-exempt
budgetary resources in that account at that time by the uniform
percentage necessary to offset the total dollar amount by which
outlays are not reduced in military personnel accounts by
reason of the use of such authority.
``(4) Part-year appropriations.--If, on the date specified
in paragraph (1), there is in effect an Act making or
continuing appropriations for part of a fiscal year for any
budget account, then the dollar sequestration calculated for
that account under paragraphs (2) and (3) shall be subtracted
from--
``(A) the annualized amount otherwise available by
law in that account under that or a subsequent part-
year appropriation; and
``(B) when a full-year appropriation for that
account is enacted, from the amount otherwise provided
by the full-year appropriation for that account.
``(5) Look-back.--If, after June 30, an appropriation for
the fiscal year in progress is enacted that causes a breach
within a category for that year (after taking into account any
sequestration of amounts within that category), the
discretionary spending limits for that category for the next
fiscal year shall be reduced by the amount or amounts of that
breach.
``(6) Within-session sequestration.--If an appropriation
for a fiscal year in progress is enacted (after Congress
adjourns to end the session for that budget year and before
July 1 of that fiscal year) that causes a breach within a
category for that year (after taking into account any prior
sequestration of amounts within that category), 15 days later
there shall be a sequestration to eliminate that breach within
that category following the procedures set forth in paragraphs
(2) through (4).
``(7) Estimates.--
``(A) CBO estimates.--As soon as practicable after
Congress completes action on any discretionary
appropriation, CBO, after consultation with the
Committees on the Budget of the House of
Representatives and the Senate, shall provide OMB with
an estimate of the amount of discretionary new budget
authority and outlays for the current year, if any, and
the budget year provided by that legislation.
``(B) OMB estimates and explanation of
differences.--Not later than 7 calendar days (excluding
Saturdays, Sundays, and legal holidays) after the date
of enactment of any discretionary appropriation, OMB
shall transmit a report to the House of Representatives
and to the Senate containing the CBO estimate of that
legislation, an OMB estimate of the amount of
discretionary new budget authority and outlays for the
current year, if any, and the budget year provided by
that legislation, and an explanation of any difference
between the 2 estimates. If during the preparation of
the report OMB determines that there is a significant
difference between OMB and CBO, OMB shall consult with
the Committees on the Budget of the House of
Representatives and the Senate regarding that
difference and that consultation shall include, to the
extent practicable, written communication to those
committees that affords such committees the opportunity
to comment before the issuance of the report.
``(C) Assumptions and guidelines.--OMB estimates
under this paragraph shall be made using current
economic and technical assumptions. OMB shall use the
OMB estimates transmitted to the Congress under this
paragraph. OMB and CBO shall prepare estimates under
this paragraph in conformance with scorekeeping
guidelines determined after consultation among the
Committees on the Budget of the House of
Representatives and the Senate, CBO, and OMB.
``(D) Annual appropriations.--For purposes of this
paragraph, amounts provided by annual appropriations
shall include any discretionary appropriations for the
current year, if any, and the budget year in accounts
for which funding is provided in that legislation that
result from previously enacted legislation.
``(b) Adjustments to Discretionary Spending Limits.--
``(1) Concepts and definitions.--When the President submits
the budget under section 1105 of title 31, United States Code,
OMB shall calculate and the budget shall include adjustments to
discretionary spending limits (and those limits as cumulatively
adjusted) for the budget year and each outyear to reflect
changes in concepts and definitions. Such changes shall equal
the baseline levels of new budget authority and outlays using
up-to-date concepts and definitions, minus those levels using
the concepts and definitions in effect before such changes.
Such changes may only be made after consultation with the
Committees on Appropriations and the Budget of the House of
Representatives and the Senate, and that consultation shall
include written communication to such committees that affords
such committees the opportunity to comment before official
action is taken with respect to such changes.
``(2) Sequestration reports.--When OMB submits a
sequestration report under section 254(e), (f), or (g) for a
fiscal year, OMB shall calculate, and the sequestration report
and subsequent budgets submitted by the President under section
1105(a) of title 31, United States Code, shall include
adjustments to discretionary spending limits (and those limits
as adjusted) for the fiscal year and each succeeding year, as
follows:
``(A) Emergency appropriations; overseas
contingency operations/global war on terrorism.--If,
for any fiscal year, appropriations for discretionary
accounts are enacted that--
``(i) the Congress designates as emergency
requirements in statute on an account by
account basis and the President subsequently so
designates, or
``(ii) the Congress designates for Overseas
Contingency Operations/Global War on Terrorism
in statute on an account by account basis and
the President subsequently so designates,
the adjustment shall be the total of such
appropriations in discretionary accounts designated as
emergency requirements or for Overseas Contingency
Operations/Global War on Terrorism, as applicable.
``(B) Continuing disability reviews and
redeterminations.--(i) If a bill or joint resolution
making appropriations for a fiscal year is enacted that
specifies an amount for continuing disability reviews
under titles II and XVI of the Social Security Act and
for the cost associated with conducting
redeterminations of eligibility under title XVI of the
Social Security Act, then the adjustments for that
fiscal year shall be the additional new budget
authority provided in that Act for such expenses for
that fiscal year, but shall not exceed--
``(I) for fiscal year 2012, $623,000,000 in
additional new budget authority;
``(II) for fiscal year 2013, $751,000,000
in additional new budget authority;
``(III) for fiscal year 2014, $924,000,000
in additional new budget authority;
``(IV) for fiscal year 2015, $1,123,000,000
in additional new budget authority;
``(V) for fiscal year 2016, $1,166,000,000
in additional new budget authority;
``(VI) for fiscal year 2017, $1,309,000,000
in additional new budget authority;
``(VII) for fiscal year 2018,
$1,309,000,000 in additional new budget
authority;
``(VIII) for fiscal year 2019,
$1,309,000,000 in additional new budget
authority;
``(IX) for fiscal year 2020, $1,309,000,000
in additional new budget authority; and
``(X) for fiscal year 2021, $1,309,000,000
in additional new budget authority.
``(ii) As used in this subparagraph--
``(I) the term `continuing disability
reviews' means continuing disability reviews
under sections 221(i) and 1614(a)(4) of the
Social Security Act;
``(II) the term `redetermination' means
redetermination of eligibility under sections
1611(c)(1) and 1614(a)(3)(H) of the Social
Security Act; and
``(III) the term `additional new budget
authority' means the amount provided for a
fiscal year, in excess of $273,000,000, in an
appropriation Act and specified to pay for the
costs of continuing disability reviews and
redeterminations under the heading `Limitation
on Administrative Expenses' for the Social
Security Administration.
``(C) Health care fraud and abuse control.--(i) If
a bill or joint resolution making appropriations for a
fiscal year is enacted that specifies an amount for the
health care fraud abuse control program at the
Department of Health and Human Services (75-8393-0-7-
571), then the adjustments for that fiscal year shall
be the amount of additional new budget authority
provided in that Act for such program for that fiscal
year, but shall not exceed--
``(I) for fiscal year 2012, $270,000,000 in
additional new budget authority;
``(II) for fiscal year 2013, $299,000,000
in additional new budget authority;
``(III) for fiscal year 2014, $329,000,000
in additional new budget authority;
``(IV) for fiscal year 2015, $361,000,000
in additional new budget authority;
``(V) for fiscal year 2016, $395,000,000 in
additional new budget authority;
``(VI) for fiscal year 2017, $414,000,000
in additional new budget authority;
``(VII) for fiscal year 2018, $434,000,000
in additional new budget authority;
``(VIII) for fiscal year 2019, $454,000,000
in additional new budget authority;
``(IX) for fiscal year 2020, $475,000,000
in additional new budget authority; and
``(X) for fiscal year 2021, $496,000,000 in
additional new budget authority.
``(ii) As used in this subparagraph, the term
`additional new budget authority' means the amount
provided for a fiscal year, in excess of $311,000,000,
in an appropriation Act and specified to pay for the
costs of the health care fraud and abuse control
program.
``(D) Disaster funding.--
``(i) If, for fiscal years 2012 through
2021, appropriations for discretionary accounts
are enacted that Congress designates as being
for disaster relief in statute, the adjustment
for a fiscal year shall be the total of such
appropriations for the fiscal year in
discretionary accounts designated as being for
disaster relief, but not to exceed the total
of--
``(I) the average funding provided
for disaster relief over the previous
10 years, excluding the highest and
lowest years; and
``(II) the amount, for years when
the enacted new discretionary budget
authority designated as being for
disaster relief for the preceding
fiscal year was less than the average
as calculated in subclause (I) for that
fiscal year, that is the difference
between the enacted amount and the
allowable adjustment as calculated in
such subclause for that fiscal year.
``(ii) OMB shall report to the Committees
on Appropriations and Budget in each House the
average calculated pursuant to clause (i)(II),
not later than 30 days after the date of the
enactment of the Budget Control Act of 2011.
``(iii) For the purposes of this
subparagraph, the term `disaster relief' means
activities carried out pursuant to a
determination under section 102(2) of the
Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5122(2)).
``(iv) Appropriations considered disaster
relief under this subparagraph in a fiscal year
shall not be eligible for adjustments under
subparagraph (A) for the fiscal year.
``(c) Discretionary Spending Limit.--As used in this part, the term
`discretionary spending limit' means--
``(1) with respect to fiscal year 2012--
``(A) for the security category, $684,000,000,000
in new budget authority; and
``(B) for the nonsecurity category,
$359,000,000,000 in new budget authority;
``(2) with respect to fiscal year 2013--
``(A) for the security category, $686,000,000,000
in new budget authority; and
``(B) for the nonsecurity category,
$361,000,000,000 in new budget authority;
``(3) with respect to fiscal year 2014, for the
discretionary category, $1,066,000,000,000 in new budget
authority;
``(4) with respect to fiscal year 2015, for the
discretionary category, $1,086,000,000,000 in new budget
authority;
``(5) with respect to fiscal year 2016, for the
discretionary category, $1,107,000,000,000 in new budget
authority;
``(6) with respect to fiscal year 2017, for the
discretionary category, $1,131,000,000,000 in new budget
authority;
``(7) with respect to fiscal year 2018, for the
discretionary category, $1,156,000,000,000 in new budget
authority;
``(8) with respect to fiscal year 2019, for the
discretionary category, $1,182,000,000,000 in new budget
authority;
``(9) with respect to fiscal year 2020, for the
discretionary category, $1,208,000,000,000 in new budget
authority; and
``(10) with respect to fiscal year 2021, for the
discretionary category, $1,234,000,000,000 in new budget
authority;
as adjusted in strict conformance with subsection (b).''.
SEC. 102. DEFINITIONS.
Section 250(c) of the Balanced Budget and Emergency Deficit Control
Act of 1985 is amended as follows:
(1) Strike paragraph (4) and insert the following new
paragraph:
``(4)(A) The term `nonsecurity category' means all
discretionary appropriations not included in the security
category defined in subparagraph (B).
``(B) The term `security category' includes discretionary
appropriations associated with agency budgets for the
Department of Defense, the Department of Homeland Security, the
Department of Veterans Affairs, the National Nuclear Security
Administration, the intelligence community management account
(95-0401-0-1-054), and all budget accounts in budget function
150 (international affairs).
``(C) The term `discretionary category' includes all
discretionary appropriations.''.
(2) In paragraph (8)(C), strike ``the food stamp program''
and insert ``the Supplemental Nutrition Assistance Program''.
(3) Strike paragraph (14) and insert the following new
paragraph:
``(14) The term `outyear' means a fiscal year one or more
years after the budget year.''.
(4) At the end, add the following new paragraphs:
``(20) The term `emergency' means a situation that--
``(A) requires new budget authority and outlays (or
new budget authority and the outlays flowing therefrom)
for the prevention or mitigation of, or response to,
loss of life or property, or a threat to national
security; and
``(B) is unanticipated.
``(21) The term `unanticipated' means that the underlying
situation is--
``(A) sudden, which means quickly coming into being
or not building up over time;
``(B) urgent, which means a pressing and compelling
need requiring immediate action;
``(C) unforeseen, which means not predicted or
anticipated as an emerging need; and
``(D) temporary, which means not of a permanent
duration.''.
SEC. 103. REPORTS AND ORDERS.
Section 254 of the Balanced Budget and Emergency Deficit Control
Act of 1985 is amended as follows:
(1) In subsection (c)(2), strike ``2002'' and insert
``2021''.
(2) At the end of subsection (e), insert ``This report
shall also contain a preview estimate of the adjustment for
disaster funding for the upcoming fiscal year.''.
(3) In subsection (f)(2)(A), strike ``2002'' and insert
``2021''; before the concluding period insert ``, including a
final estimate of the adjustment for disaster funding''.
SEC. 104. EXPIRATION.
(a) Repealer.--Section 275 of the Balanced Budget and Emergency
Deficit Control Act of 1985 is repealed.
(b) Conforming Change.--Sections 252(d)(1), 254(c), 254(f)(3), and
254(i) of the Balanced Budget and Emergency Deficit Control Act of 1985
shall not apply to the Congressional Budget Office.
SEC. 105. AMENDMENTS TO THE CONGRESSIONAL BUDGET AND IMPOUNDMENT
CONTROL ACT OF 1974.
(a) Adjustments.--Section 314 of the Congressional Budget Act of
1974 is amended as follows:
(1) Strike subsection (a) and insert the following:
``(a) Adjustments.--After the reporting of a bill or joint
resolution or the offering of an amendment thereto or the submission of
a conference report thereon, the chairman of the Committee on the
Budget of the House of Representatives or the Senate may make
appropriate budgetary adjustments of new budget authority and the
outlays flowing therefrom in the same amount as required by section
251(b) of the Balanced Budget and Emergency Deficit Control Act of
1985.''.
(2) Strike subsections (b) and (e) and redesignate
subsections (c) and (d) as subsections (b) and (c),
respectively.
(3) At the end, add the following new subsections:
``(d) Emergencies in the House of Representatives.-- (1) In the
House of Representatives, if a reported bill or joint resolution, or
amendment thereto or conference report thereon, contains a provision
providing new budget authority and outlays or reducing revenue, and a
designation of such provision as an emergency requirement pursuant to
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act
of 1985, the chair of the Committee on the Budget of the House of
Representatives shall not count the budgetary effects of such provision
for purposes of title III and title IV of the Congressional Budget Act
of 1974 and the Rules of the House of Representatives.
``(2)(A) In the House of Representatives, if a reported bill or
joint resolution, or amendment thereto or conference report thereon,
contains a provision providing new budget authority and outlays or
reducing revenue, and a designation of such provision as an emergency
pursuant to paragraph (1), the chair of the Committee on the Budget
shall not count the budgetary effects of such provision for purposes of
this title and title IV and the Rules of the House of Representatives.
``(B) In the House of Representatives, a proposal to strike a
designation under subparagraph (A) shall be excluded from an evaluation
of budgetary effects for purposes of this title and title IV and the
Rules of the House of Representatives.
``(C) An amendment offered under subparagraph (B) that also
proposes to reduce each amount appropriated or otherwise made available
by the pending measure that is not required to be appropriated or
otherwise made available shall be in order at any point in the reading
of the pending measure.
``(e) Enforcement of Discretionary Spending Caps.--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 that
would cause the discretionary spending limits as set forth in section
251 of the Balanced Budget and Emergency Deficit Control Act to be
exceeded.''.
(b) Definitions.--Section 3 of the Congressional Budget and
Impoundment Control Act of 1974 is amended by adding at the end the
following new paragraph:
``(11) The terms `emergency' and `unanticipated' have the
meanings given to such terms in section 250(c) of the Balanced
Budget and Emergency Deficit Control Act of 1985.''.
(c) Appeals for Discretionary Caps.--Section 904(c)(2) of the
Congressional Budget Act of 1974 is amended by striking ``and 312(c)''
and inserting ``312(c), and 314(e)''.
SEC. 106. SENATE BUDGET ENFORCEMENT.
(a) In General.--
(1) For the purpose of enforcing the Congressional Budget
Act of 1974 through April 15, 2012, including section 300 of
that Act, and enforcing budgetary points of order in prior
concurrent resolutions on the budget, the allocations,
aggregates, and levels set in subsection (b)(1) shall apply in
the Senate in the same manner as for a concurrent resolution on
the budget for fiscal year 2012 with appropriate budgetary
levels for fiscal years 2011 and 2013 through 2021.
(2) For the purpose of enforcing the Congressional Budget
Act of 1974 after April 15, 2012, including section 300 of that
Act, and enforcing budgetary points of order in prior
concurrent resolutions on the budget, the allocations,
aggregates, and levels set in subsection (b)(2) shall apply in
the Senate in the same manner as for a concurrent resolution on
the budget for fiscal year 2013 with appropriate budgetary
levels for fiscal years 2012 and 2014 through 2022.
(b) Committee Allocations, Aggregates, and Levels.--
(1) As soon as practicable after the date of enactment of
this section, the Chairman of the Committee on the Budget shall
file--
(A) for the Committee on Appropriations, committee
allocations for fiscal years 2011 and 2012 consistent
with the discretionary spending limits set forth in
this Act for the purpose of enforcing section 302 of
the Congressional Budget Act of 1974;
(B) for all committees other than the Committee on
Appropriations, committee allocations for fiscal years
2011, 2012, 2012 through 2016, and 2012 through 2021
consistent with the Congressional Budget Office's March
2011 baseline adjusted to account for the budgetary
effects of this Act and legislation enacted prior to
this Act but not included in the Congressional Budget
Office's March 2011 baseline, for the purpose of
enforcing section 302 of the Congressional Budget Act
of 1974;
(C) aggregate spending levels for fiscal years 2011
and 2012 and aggregate revenue levels for fiscal years
2011, 2012, 2012 through 2016, 2012 through 2021
consistent with the Congressional Budget Office's March
2011 baseline adjusted to account for the budgetary
effects of this Act and legislation enacted prior to
this Act but not included in the Congressional Budget
Office's March 2011 baseline, and the discretionary
spending limits set forth in this Act for the purpose
of enforcing section 311 of the Congressional Budget
Act of 1974; and
(D) levels of Social Security revenues and outlays
for fiscal years 2011, 2012, 2012 through 2016, and
2012 through 2021 consistent with the Congressional
Budget Office's March 2011 baseline adjusted to account
for the budgetary effects of this Act and legislation
enacted prior to this Act but not included in the
Congressional Budget Office's March 2011 baseline, for
the purpose of enforcing sections 302 and 311 of the
Congressional Budget Act of 1974.
(2) Not later than April 15, 2012, the Chairman of the
Committee on the Budget shall file--
(A) for the Committee on Appropriations, committee
allocations for fiscal years 2012 and 2013 consistent
with the discretionary spending limits set forth in
this Act for the purpose of enforcing section 302 of
the Congressional Budget Act of 1974;
(B) for all committees other than the Committee on
Appropriations, committee allocations for fiscal years
2012, 2013, 2013 through 2017, and 2013 through 2022
consistent with the Congressional Budget Office's March
2012 baseline for the purpose of enforcing section 302
of the Congressional Budget Act of 1974;
(C) aggregate spending levels for fiscal years 2012
and 2013 and aggregate revenue levels for fiscal years
2012, 2013, 2013-2017, and 2013-2022 consistent with
the Congressional Budget Office's March 2012 baseline
and the discretionary spending limits set forth in this
Act for the purpose of enforcing section 311 of the
Congressional Budget Act of 1974; and
(D) levels of Social Security revenues and outlays
for fiscal years 2012 and 2013, 2013-2017, and 2013-
2022 consistent with the Congressional Budget Office's
March 2012 baseline budget for the purpose of enforcing
sections 302 and 311 of the Congressional Budget Act of
1974.
(c) Senate Pay-as-you-go Scorecard.--
(1) Effective on the date of enactment of this section, for
the purpose of enforcing section 201 of S. Con. Res. 21 (110th
Congress), the Chairman of the Senate Committee on the Budget
shall reduce any balances of direct spending and revenues for
any fiscal year to 0 (zero).
(2) Not later than April 15, 2012, for the purpose of
enforcing section 201 of S. Con. Res. 21 (110th Congress), the
Chairman of the Senate Committee on the Budget shall reduce any
balances of direct spending and revenues for any fiscal year to
0 (zero).
(3) Upon resetting the Senate paygo scorecard pursuant to
paragraph (2), the Chairman shall publish a notification of
such action in the Congressional Record.
(d) Further Adjustments.--
(1) The Chairman of the Committee on the Budget of the
Senate may revise any allocations, aggregates, or levels set
pursuant to this section to account for any subsequent
adjustments to discretionary spending limits made pursuant to
this Act.
(2) With respect to any allocations, aggregates, or levels
set or adjustments made pursuant to this section, sections 412
through 414 of S. Con. Res. 13 (111th Congress) shall remain in
effect.
(e) Expiration.--
(1) Subsections (a)(1), (b)(1), and (c)(1) shall expire if
a concurrent resolution on the budget for fiscal year 2012 is
agreed to by the Senate and House of Representatives pursuant
to section 301 of the Congressional Budget Act of 1974.
(2) Subsections (a)(2), (b)(2), and (c)(2) shall expire if
a concurrent resolution on the budget for fiscal year 2013 is
agreed to by the Senate and House of Representatives pursuant
to section 301 of the Congressional Budget Act of 1974.
TITLE II--VOTE ON THE BALANCED BUDGET AMENDMENT
SEC. 201. VOTE ON THE BALANCED BUDGET AMENDMENT.
After September 30, 2011, and not later than December 31, 2011, the
House of Representatives and Senate, respectively, shall vote on
passage of a joint resolution, the title of which is as follows:
``Joint resolution proposing a balanced budget amendment to the
Constitution of the United States.''.
SEC. 202. CONSIDERATION BY THE OTHER HOUSE.
(a) House Consideration.--
(1) Referral.--If the House receives a joint resolution
described in section 201 from the Senate, such joint resolution
shall be referred to the Committee on the Judiciary. If the
committee fails to report the joint resolution within five
legislative days, it shall be in order to move that the House
discharge the committee from further consideration of the joint
resolution. Such a motion shall not be in order after the House
has disposed of a motion to discharge the joint resolution. The
previous question shall be considered as ordered on the motion
to its adoption without intervening motion except twenty
minutes of debate equally divided and controlled by the
proponent and an opponent. If such a motion is adopted, the
House shall proceed immediately to consider the joint
resolution in accordance with paragraph (3). A motion to
reconsider the vote by which the motion is disposed of shall
not be in order.
(2) Proceeding to consideration.--After the joint
resolution has been referred to the appropriate calendar or the
committee has been discharged (other than by motion) from its
consideration, it shall be in order to move to proceed to
consider the joint resolution in the House. Such a motion shall
not be in order after the House has disposed of a motion to
proceed with respect to the joint resolution. The previous
question shall be considered as ordered on the motion to its
adoption without intervening motion. A motion to reconsider the
vote by which the motion is disposed of shall not be in order.
(3) Consideration.--The joint resolution shall be
considered as read. All points of order against the joint
resolution and against its consideration are waived. The
previous question shall be considered as ordered on the joint
resolution to its passage without intervening motion except two
hours of debate equally divided and controlled by the proponent
and an opponent and one motion to limit debate on the joint
resolution. A motion to reconsider the vote on passage of the
joint resolution shall not be in order.
(b) Senate Consideration.--(1) If the Senate receives a joint
resolution described in section 201 from the House of Representatives,
such joint resolution shall be referred to the appropriate committee of
the Senate. If such committee has not reported the joint resolution at
the close of the fifth session day after its receipt by the Senate,
such committee shall be automatically discharged from further
consideration of the joint resolution and it shall be placed on the
appropriate calendar.
(2) Consideration of the joint resolution and on all debatable
motions and appeals in connection therewith, shall be limited to not
more than 20 hours, which shall be divided equally between the majority
and minority leaders or their designees. A motion further to limit
debate is in order and not debatable. An amendment to, or a motion to
postpone, or a motion to proceed to the consideration of other
business, or a motion to recommit the joint resolution is not in order.
Any debatable motion or appeal is debatable for not to exceed 1 hour,
to be divided equally between those favoring and those opposing the
motion or appeal. All time used for consideration of the joint
resolution, including time used for quorum calls and voting, shall be
counted against the total 20 hours of consideration.
(3) If the Senate has voted to proceed to a joint resolution, the
vote on passage of the joint resolution shall be taken on or before the
close of the seventh session day after such joint resolution has been
reported or discharged or immediately following the conclusion of
consideration of the joint resolution, and a single quorum call at the
conclusion of the debate if requested in accordance with the rules of
the Senate.
TITLE III--DEBT CEILING DISAPPROVAL PROCESS
SEC. 301. DEBT CEILING DISAPPROVAL PROCESS.
(a) In General.--Subchapter I of chapter 31 of subtitle III of
title 31, United States Code, is amended--
(1) in section 3101(b), by striking ``or otherwise'' and
inserting ``or as provided by section 3101A or otherwise''; and
(2) by inserting after section 3101 the following:
``Sec. 3101A. Presidential modification of the debt ceiling
``(a) In General.--
``(1) $900 billion.--
``(A) Certification.--If, not later than December
31, 2011, the President submits a written certification
to Congress that the President has determined that the
debt subject to limit is within $100,000,000,000 of the
limit in section 3101(b) and that further borrowing is
required to meet existing commitments, the Secretary of
the Treasury may exercise authority to borrow an
additional $900,000,000,000, subject to the enactment
of a joint resolution of disapproval enacted pursuant
to this section. Upon submission of such certification,
the limit on debt provided in section 3101(b) (referred
to in this section as the `debt limit') is increased by
$400,000,000,000.
``(B) Resolution of disapproval.--Congress may
consider a joint resolution of disapproval of the
authority under subparagraph (A) as provided in
subsections (b) through (f). The joint resolution of
disapproval considered under this section shall contain
only the language provided in subsection (b)(2). If the
time for disapproval has lapsed without enactment of a
joint resolution of disapproval under this section, the
debt limit is increased by an additional
$500,000,000,000.
``(2) Additional amount.--
``(A) Certification.--If, after the debt limit is
increased by $900,000,000,000 under paragraph (1), the
President submits a written certification to Congress
that the President has determined that the debt subject
to limit is within $100,000,000,000 of the limit in
section 3101(b) and that further borrowing is required
to meet existing commitments, the Secretary of the
Treasury may, subject to the enactment of a joint
resolution of disapproval enacted pursuant to this
section, exercise authority to borrow an additional
amount equal to--
``(i) $1,200,000,000,000, unless clause
(ii) or (iii) applies;
``(ii) $1,500,000,000,000 if the Archivist
of the United States has submitted to the
States for their ratification a proposed
amendment to the Constitution of the United
States pursuant to a joint resolution entitled
`Joint resolution proposing a balanced budget
amendment to the Constitution of the United
States'; or
``(iii) if a joint committee bill to
achieve an amount greater than
$1,200,000,000,000 in deficit reduction as
provided in section 401(b)(3)(B)(i)(II) of the
Budget Control Act of 2011 is enacted, an
amount equal to the amount of that deficit
reduction, but not greater than
$1,500,000,000,000, unless clause (ii) applies.
``(B) Resolution of disapproval.--Congress may
consider a joint resolution of disapproval of the
authority under subparagraph (A) as provided in
subsections (b) through (f). The joint resolution of
disapproval considered under this section shall contain
only the language provided in subsection (b)(2). If the
time for disapproval has lapsed without enactment of a
joint resolution of disapproval under this section, the
debt limit is increased by the amount authorized under
subparagraph (A).
``(b) Joint Resolution of Disapproval.--
``(1) In general.--Except for the $400,000,000,000 increase
in the debt limit provided by subsection (a)(1)(A), the debt
limit may not be raised under this section if, within 50
calendar days after the date on which Congress receives a
certification described in subsection (a)(1) or within 15
calendar days after Congress receives the certification
described in subsection (a)(2) (regardless of whether Congress
is in session), there is enacted into law a joint resolution
disapproving the President's exercise of authority with respect
to such additional amount.
``(2) Contents of joint resolution.--For the purpose of
this section, the term `joint resolution' means only a joint
resolution--
``(A)(i) for the certification described in
subsection (a)(1), that is introduced on September 6,
7, 8, or 9, 2011 (or, if the Senate was not in session,
the next calendar day on which the Senate is in
session); and
``(ii) for the certification described in
subsection (a)(2), that is introduced between the date
the certification is received and 3 calendar days after
that date;
``(B) which does not have a preamble;
``(C) the title of which is only as follows: `Joint
resolution relating to the disapproval of the
President's exercise of authority to increase the debt
limit, as submitted under section 3101A of title 31,
United States Code, on ______' (with the blank
containing the date of such submission); and
``(D) the matter after the resolving clause of
which is only as follows: `That Congress disapproves of
the President's exercise of authority to increase the
debt limit, as exercised pursuant to the certification
under section 3101A(a) of title 31, United States
Code.'.
``(c) Expedited Consideration in House of Representatives.--
``(1) Reconvening.--Upon receipt of a certification
described in subsection (a)(2), the Speaker, if the House would
otherwise be adjourned, shall notify the Members of the House
that, pursuant to this section, the House shall convene not
later than the second calendar day after receipt of such
certification.
``(2) Reporting and discharge.--Any committee of the House
of Representatives to which a joint resolution is referred
shall report it to the House without amendment not later than 5
calendar days after the date of introduction of a joint
resolution described in subsection (a). If a committee fails to
report the joint resolution within that period, the committee
shall be discharged from further consideration of the joint
resolution and the joint resolution shall be referred to the
appropriate calendar.
``(3) Proceeding to consideration.--After each committee
authorized to consider a joint resolution reports it to the
House or has been discharged from its consideration, it shall
be in order, not later than the sixth day after introduction of
a joint resolution under subsection (a), to move to proceed to
consider the joint resolution in the House. All points of order
against the motion are waived. Such a motion shall not be in
order after the House has disposed of a motion to proceed on a
joint resolution addressing a particular submission. The
previous question shall be considered as ordered on the motion
to its adoption without intervening motion. The motion shall
not be debatable. A motion to reconsider the vote by which the
motion is disposed of shall not be in order.
``(4) Consideration.--The joint resolution shall be
considered as read. All points of order against the joint
resolution and against its consideration are waived. The
previous question shall be considered as ordered on the joint
resolution to its passage without intervening motion except two
hours of debate equally divided and controlled by the proponent
and an opponent. A motion to reconsider the vote on passage of
the joint resolution shall not be in order.
``(d) Expedited Procedure in Senate.--
``(1) Reconvening.--Upon receipt of a certification under
subsection (a)(2), if the Senate has adjourned or recessed for
more than 2 days, the majority leader of the Senate, after
consultation with the minority leader of the Senate, shall
notify the Members of the Senate that, pursuant to this
section, the Senate shall convene not later than the second
calendar day after receipt of such message.
``(2) Placement on calendar.--Upon introduction in the
Senate, the joint resolution shall be immediately placed on the
calendar.
``(3) Floor consideration.--
``(A) In general.--Notwithstanding Rule XXII of the
Standing Rules of the Senate, it is in order at any
time during the period beginning on the day after the
date on which Congress receives a certification under
subsection (a) and, for the certification described in
subsection (a)(1), ending on September 14, 2011, and
for the certification described in subsection (a)(2),
on the 6th day after the date on which Congress
receives a certification under subsection (a) (even
though a previous motion to the same effect has been
disagreed to) to move to proceed to the consideration
of the joint resolution, and all points of order
against the joint resolution (and against consideration
of the joint resolution) are waived. The motion to
proceed is not debatable. The motion is not subject to
a motion to postpone. A motion to reconsider the vote
by which the motion is agreed to or disagreed to shall
not be in order. If a motion to proceed to the
consideration of the resolution is agreed to, the joint
resolution shall remain the unfinished business until
disposed of.
``(B) Consideration.--Consideration of the joint
resolution, and on all debatable motions and appeals in
connection therewith, shall be limited to not more than
10 hours, which shall be divided equally between the
majority and minority leaders or their designees. A
motion further to limit debate is in order and not
debatable. An amendment to, or a motion to postpone, or
a motion to proceed to the consideration of other
business, or a motion to recommit the joint resolution
is not in order.
``(C) Vote on passage.--If the Senate has voted to
proceed to a joint resolution, the vote on passage of
the joint resolution shall occur immediately following
the conclusion of consideration of the joint
resolution, and a single quorum call at the conclusion
of the debate if requested in accordance with the rules
of the Senate.
``(D) Rulings of the chair on procedure.--Appeals
from the decisions of the Chair relating to the
application of the rules of the Senate, as the case may
be, to the procedure relating to a joint resolution
shall be decided without debate.
``(e) Amendment Not in Order.--A joint resolution of disapproval
considered pursuant to this section shall not be subject to amendment
in either the House of Representatives or the Senate.
``(f) Coordination With Action by Other House.--
``(1) In general.--If, before passing the joint resolution,
one House receives from the other a joint resolution--
``(A) the joint resolution of the other House shall
not be referred to a committee; and
``(B) the procedure in the receiving House shall be
the same as if no joint resolution had been received
from the other House until the vote on passage, when
the joint resolution received from the other House
shall supplant the joint resolution of the receiving
House.
``(2) Treatment of joint resolution of other house.--If the
Senate fails to introduce or consider a joint resolution under
this section, the joint resolution of the House shall be
entitled to expedited floor procedures under this section.
``(3) Treatment of companion measures.--If, following
passage of the joint resolution in the Senate, the Senate then
receives the companion measure from the House of
Representatives, the companion measure shall not be debatable.
``(4) Consideration after passage.--(A) If Congress passes
a joint resolution, the period beginning on the date the
President is presented with the joint resolution and ending on
the date the President signs, allows to become law without his
signature, or vetoes and returns the joint resolution (but
excluding days when either House is not in session) shall be
disregarded in computing the appropriate calendar day period
described in subsection (b)(1).
``(B) Debate on a veto message in the Senate under this
section shall be 1 hour equally divided between the majority
and minority leaders or their designees.
``(5) Veto override.--If within the appropriate calendar
day period described in subsection (b)(1), Congress overrides a
veto of the joint resolution with respect to authority
exercised pursuant to paragraph (1) or (2) of subsection (a),
the limit on debt provided in section 3101(b) shall not be
raised, except for the $400,000,000,000 increase in the limit
provided by subsection (a)(1)(A).
``(6) Sequestration.--(A) If within the 50-calendar day
period described in subsection (b)(1), the President signs the
joint resolution, the President allows the joint resolution to
become law without his signature, or Congress overrides a veto
of the joint resolution with respect to authority exercised
pursuant to paragraph (1) of subsection (a), there shall be a
sequestration to reduce spending by $400,000,000,000. OMB shall
implement the sequestration forthwith.
``(B) OMB shall implement each half of such sequestration
in accordance with section 255, section 256, and subsections
(c), (d), (e), and (f) of section 253 of the Balanced Budget
and Emergency Deficit Control Act of 1985, and for the purpose
of such implementation the term `excess deficit' means the
amount specified in subparagraph (A).
``(g) Rules of House of Representatives and Senate.--This
subsection and subsections (b), (c), (d), (e), and (f) (other than
paragraph (6)) are enacted by Congress--
``(1) as an exercise of the rulemaking power of the Senate
and House of Representatives, respectively, and as such it is
deemed a part of the rules of each House, respectively, but
applicable only with respect to the procedure to be followed in
that House in the case of a joint resolution, and it supersedes
other rules only to the extent that it is inconsistent with
such rules; and
``(2) with full recognition of the constitutional right of
either House to change the rules (so far as relating to the
procedure of that House) at any time, in the same manner, and
to the same extent as in the case of any other rule of that
House.''.
(b) Conforming Amendment.--The table of sections for chapter 31 of
title 31, United States Code, is amended by inserting after the item
relating to section 3101 the following new item:
``3101A. Presidential modification of the debt ceiling.''.
SEC. 302. ENFORCEMENT OF BUDGET GOAL.
(a) In General.--The Balanced Budget and Emergency Deficit Control
Act of 1985 is amended by inserting after section 251 the following new
section:
``SEC. 251A. ENFORCEMENT OF BUDGET GOAL.
``Unless a joint committee bill achieving an amount greater than
$1,200,000,000,000 in deficit reduction as provided in section
401(b)(3)(B)(i)(II) of the Budget Control Act of 2011 is enacted by
January 15, 2012, the discretionary spending limits listed in section
251(c) shall be revised, and discretionary appropriations and direct
spending shall be reduced, as follows:
``(1) Revised security category; revised nonsecurity
category.--(A) The term `revised security category' means
discretionary appropriations in budget function 050.
``(B) The term `revised nonsecurity category' means
discretionary appropriations other than in budget function 050.
``(2) Revised discretionary spending limits.--The
discretionary spending limits for fiscal years 2013 through
2021 under section 251(c) shall be replaced with the following:
``(A) For fiscal year 2013--
``(i) for the security category,
$546,000,000,000 in budget authority; and
``(ii) for the nonsecurity category,
$501,000,000,000 in budget authority.
``(B) For fiscal year 2014--
``(i) for the security category,
$556,000,000,000 in budget authority; and
``(ii) for the nonsecurity category,
$510,000,000,000 in budget authority.
``(C) For fiscal year 2015--
``(i) for the security category,
$566,000,000,000 in budget authority; and
``(ii) for the nonsecurity category,
$520,000,000,000 in budget authority.
``(D) For fiscal year 2016--
``(i) for the security category,
$577,000,000,000 in budget authority; and
``(ii) for the nonsecurity category,
$530,000,000,000 in budget authority.
``(E) For fiscal year 2017--
``(i) for the security category,
$590,000,000,000 in budget authority; and
``(ii) for the nonsecurity category,
$541,000,000,000 in budget authority.
``(F) For fiscal year 2018--
``(i) for the security category,
$603,000,000,000 in budget authority; and
``(ii) for the nonsecurity category,
$553,000,000,000 in budget authority.
``(G) For fiscal year 2019--
``(i) for the security category,
$616,000,000,000 in budget authority; and
``(ii) for the nonsecurity category,
$566,000,000,000 in budget authority.
``(H) For fiscal year 2020--
``(i) for the security category,
$630,000,000,000 in budget authority; and
``(ii) for the nonsecurity category,
$578,000,000,000 in budget authority.
``(I) For fiscal year 2021--
``(i) for the security category,
$644,000,000,000 in budget authority; and
``(ii) for the nonsecurity category,
$590,000,000,000 in budget authority.
``(3) Calculation of total deficit reduction.--OMB shall
calculate the amount of the deficit reduction required by this
section for each of fiscal years 2013 through 2021 by--
``(A) starting with $1,200,000,000,000;
``(B) subtracting the amount of deficit reduction
achieved by the enactment of a joint committee bill, as
provided in section 401(b)(3)(B)(i)(II) of the Budget
Control Act of 2011;
``(C) reducing the difference by 18 percent to
account for debt service; and
``(D) dividing the result by 9.
``(4) Allocation to functions.--On January 2, 2013, for
fiscal year 2013, and in its sequestration preview report for
fiscal years 2014 through 2021 pursuant to section 254(c), OMB
shall allocate half of the total reduction calculated pursuant
to paragraph (3) for that year to discretionary appropriations
and direct spending accounts within function 050 (defense
function) and half to accounts in all other functions
(nondefense functions).
``(5) Defense function reduction.--OMB shall calculate the
reductions to discretionary appropriations and direct spending
for each of fiscal years 2013 through 2021 for defense function
spending as follows:
``(A) Discretionary.--OMB shall calculate the
reduction to discretionary appropriations by--
``(i) taking the total reduction for the
defense function allocated for that year under
paragraph (4);
``(ii) multiplying by the discretionary
spending limit for the revised security
category for that year; and
``(iii) dividing by the sum of the
discretionary spending limit for the security
category and OMB's baseline estimate of
nonexempt outlays for direct spending programs
within the defense function for that year.
``(B) Direct spending.--OMB shall calculate the
reduction to direct spending by taking the total
reduction for the defense function required for that
year under paragraph (4) and subtracting the
discretionary reduction calculated pursuant to
subparagraph (A).
``(6) Nondefense function reduction.--OMB shall calculate
the reduction to discretionary appropriations and to direct
spending for each of fiscal years 2013 through 2021 for
programs in nondefense functions as follows:
``(A) Discretionary.--OMB shall calculate the
reduction to discretionary appropriations by--
``(i) taking the total reduction for
nondefense functions allocated for that year
under paragraph (4);
``(ii) multiplying by the discretionary
spending limit for the revised nonsecurity
category for that year; and
``(iii) dividing by the sum of the
discretionary spending limit for the revised
nonsecurity category and OMB's baseline
estimate of nonexempt outlays for direct
spending programs in nondefense functions for
that year.
``(B) Direct spending.--OMB shall calculate the
reduction to direct spending programs by taking the
total reduction for nondefense functions required for
that year under paragraph (4) and subtracting the
discretionary reduction calculated pursuant to
subparagraph (A).
``(7) Implementing discretionary reductions.--
``(A) Fiscal year 2013.--On January 2, 2013, for
fiscal year 2013, OMB shall calculate and the President
shall order a sequestration, effective upon issuance
and under the procedures set forth in section 253(f),
to reduce each account within the security category or
nonsecurity category by a dollar amount calculated by
multiplying the baseline level of budgetary resources
in that account at that time by a uniform percentage
necessary to achieve--
``(i) for the revised security category, an
amount equal to the defense function
discretionary reduction calculated pursuant to
paragraph (5); and
``(ii) for the revised nonsecurity
category, an amount equal to the nondefense
function discretionary reduction calculated
pursuant to paragraph (6).
``(B) Fiscal years 2014-2021.--On the date of the
submission of its sequestration preview report for
fiscal years 2014 through 2021 pursuant to section
254(c) for each of fiscal years 2014 through 2021, OMB
shall reduce the discretionary spending limit--
``(i) for the revised security category by
the amount of the defense function
discretionary reduction calculated pursuant to
paragraph (5); and
``(ii) for the revised nonsecurity category
by the amount of the nondefense function
discretionary reduction calculated pursuant to
paragraph (6).
``(8) Implementing direct spending reductions.--On the date
specified in paragraph (4) during each applicable year, OMB
shall prepare and the President shall order a sequestration,
effective upon issuance, of nonexempt direct spending to
achieve the direct spending reduction calculated pursuant to
paragraphs (5) and (6). When implementing the sequestration of
direct spending pursuant to this paragraph, OMB shall follow
the procedures specified in section 6 of the Statutory Pay-As-
You-Go Act of 2010, the exemptions specified in section 255,
and the special rules specified in section 256, except that the
percentage reduction for the Medicare programs specified in
section 256(d) shall not be more than 2 percent for a fiscal
year.
``(9) Adjustment for medicare.--If the percentage reduction
for the Medicare programs would exceed 2 percent for a fiscal
year in the absence of paragraph (8), OMB shall increase the
reduction for all other discretionary appropriations and direct
spending under paragraph (6) by a uniform percentage to a level
sufficient to achieve the reduction required by paragraph (6)
in the non-defense function.
``(10) Implementation of reductions.--Any reductions
imposed under this section shall be implemented in accordance
with section 256(k).
``(11) Report.--On the dates specified in paragraph (4),
OMB shall submit a report to Congress containing information
about the calculations required under this section, the
adjusted discretionary spending limits, a listing of the
reductions required for each nonexempt direct spending account,
and any other data and explanations that enhance public
understanding of this title and actions taken under it.''.
(b) Conforming Amendment.--The table of contents set forth in
section 250(a) of the Balanced Budget and Emergency Deficit Control Act
of 1985 is amended by inserting after the item relating to section 251
the following:
``Sec. 251A. Enforcement of budget goal.''.
TITLE IV--JOINT SELECT COMMITTEE ON DEFICIT REDUCTION
SEC. 401. ESTABLISHMENT OF JOINT SELECT COMMITTEE.
(a) Definitions.--In this title:
(1) Joint committee.--The term ``joint committee'' means
the Joint Select Committee on Deficit Reduction established
under subsection (b)(1).
(2) Joint committee bill.--The term ``joint committee
bill'' means a bill consisting of the proposed legislative
language of the joint committee recommended under subsection
(b)(3)(B) and introduced under section 402(a).
(b) Establishment of Joint Select Committee.--
(1) Establishment.--There is established a joint select
committee of Congress to be known as the ``Joint Select
Committee on Deficit Reduction''.
(2) Goal.--The goal of the joint committee shall be to
reduce the deficit by at least $1,500,000,000,000 over the
period of fiscal years 2012 to 2021.
(3) Duties.--
(A) In general.--
(i) Improving the short-term and long-term
fiscal imbalance.--The joint committee shall
provide recommendations and legislative
language that will significantly improve the
short-term and long-term fiscal imbalance of
the Federal Government.
(ii) Recommendations of committees.--Not
later than October 14, 2011, each committee of
the House of Representatives and the Senate may
transmit to the joint committee its
recommendations for changes in law to reduce
the deficit consistent with the goal described
in paragraph (2) for the joint committee's
consideration.
(B) Report, recommendations, and legislative
language.--
(i) In general.--Not later than November
23, 2011, the joint committee shall vote on--
(I) a report that contains a
detailed statement of the findings,
conclusions, and recommendations of the
joint committee and the estimate of the
Congressional Budget Office required by
paragraph (5)(D)(ii); and
(II) proposed legislative language
to carry out such recommendations as
described in subclause (I), which shall
include a statement of the deficit
reduction achieved by the legislation
over the period of fiscal years 2012 to
2021.
Any change to the Rules of the House of
Representatives or the Standing Rules of the
Senate included in the report or legislative
language shall be considered to be merely
advisory.
(ii) Approval of report and legislative
language.--The report of the joint committee
and the proposed legislative language described
in clause (i) shall require the approval of a
majority of the members of the joint committee.
(iii) Additional views.--A member of the
joint committee who gives notice of an
intention to file supplemental, minority, or
additional views at the time of final joint
committee vote on the approval of the report
and legislative language under clause (ii)
shall be entitled to 3 calendar days in which
to file such views in writing with the staff
director of the joint committee. Such views
shall then be included in the joint committee
report and printed in the same volume, or part
thereof, and their inclusion shall be noted on
the cover of the report. In the absence of
timely notice, the joint committee report may
be printed and transmitted immediately without
such views.
(iv) Transmission of report and legislative
language.--If the report and legislative
language are approved by the joint committee
pursuant to clause (ii), then not later than
December 2, 2011, the joint committee shall
submit the joint committee report and
legislative language described in clause (i) to
the President, the Vice President, the Speaker
of the House of Representatives, and the
majority and minority Leaders of each House of
Congress.
(v) Report and legislative language to be
made public.--Upon the approval or disapproval
of the joint committee report and legislative
language pursuant to clause (ii), the joint
committee shall promptly make the full report
and legislative language, and a record of the
vote, available to the public.
(4) Membership.--
(A) In general.--The joint committee shall be
composed of 12 members appointed pursuant to
subparagraph (B).
(B) Appointment.--Members of the joint committee
shall be appointed as follows:
(i) The majority leader of the Senate shall
appoint three members from among Members of the
Senate.
(ii) The minority leader of the Senate
shall appoint three members from among Members
of the Senate.
(iii) The Speaker of the House of
Representatives shall appoint three members
from among Members of the House of
Representatives.
(iv) The minority leader of the House of
Representatives shall appoint three members
from among Members of the House of
Representatives.
(C) Co-chairs.--
(i) In general.--There shall be two Co-
Chairs of the joint committee. The majority
leader of the Senate shall appoint one Co-Chair
from among the members of the joint committee.
The Speaker of the House of Representatives
shall appoint the second Co-Chair from among
the members of the joint committee. The Co-
Chairs shall be appointed not later than 14
calendar days after the date of enactment of
this Act.
(ii) Staff director.--The Co-Chairs, acting
jointly, shall hire the staff director of the
joint committee.
(D) Date.--Members of the joint committee shall be
appointed not later than 14 calendar days after the
date of enactment of this Act.
(E) Period of appointment.--Members shall be
appointed for the life of the joint committee. Any
vacancy in the joint committee shall not affect its
powers, but shall be filled not later than 14 calendar
days after the date on which the vacancy occurs, in the
same manner as the original designation was made. If a
member of the joint committee ceases to be a Member of
the House of Representatives or the Senate, as the case
may be, the member is no longer a member of the joint
committee and a vacancy shall exist.
(5) Administration.--
(A) In general.--To enable the joint committee to
exercise its powers, functions, and duties, there are
authorized to be disbursed by the Senate the actual and
necessary expenses of the joint committee approved by
the co-chairs, subject to the rules and regulations of
the Senate.
(B) Expenses.--In carrying out its functions, the
joint committee is authorized to incur expenses in the
same manner and under the same conditions as the Joint
Economic Committee is authorized by section 11 of
Public Law 79-304 (15 U.S.C. 1024 (d)).
(C) Quorum.--Seven members of the joint committee
shall constitute a quorum for purposes of voting,
meeting, and holding hearings.
(D) Voting.--
(i) Proxy voting.--No proxy voting shall be
allowed on behalf of the members of the joint
committee.
(ii) Congressional budget office
estimates.--The Congressional Budget Office
shall provide estimates of the legislation (as
described in paragraph (3)(B)) in accordance
with sections 308(a) and 201(f) of the
Congressional Budget Act of 1974 (2 U.S.C.
639(a) and 601(f))(including estimates of the
effect of interest payment on the debt). In
addition, the Congressional Budget Office shall
provide information on the budgetary effect of
the legislation beyond the year 2021. The joint
committee may not vote on any version of the
report, recommendations, or legislative
language unless such estimates are available
for consideration by all members of the joint
committee at least 48 hours prior to the vote
as certified by the Co-Chairs.
(E) Meetings.--
(i) Initial meeting.--Not later than 45
calendar days after the date of enactment of
this Act, the joint committee shall hold its
first meeting.
(ii) Agenda.--The Co-Chairs of the joint
committee shall provide an agenda to the joint
committee members not less than 48 hours in
advance of any meeting.
(F) Hearings.--
(i) In general.--The joint committee may,
for the purpose of carrying out this section,
hold such hearings, sit and act at such times
and places, require attendance of witnesses and
production of books, papers, and documents,
take such testimony, receive such evidence, and
administer such oaths as the joint committee
considers advisable.
(ii) Hearing procedures and
responsibilities of co-chairs.--
(I) Announcement.--The Co-Chairs of
the joint committee shall make a public
announcement of the date, place, time,
and subject matter of any hearing to be
conducted, not less than 7 days in
advance of such hearing, unless the Co-
Chairs determine that there is good
cause to begin such hearing at an
earlier date.
(II) Written statement.--A witness
appearing before the joint committee
shall file a written statement of
proposed testimony at least 2 calendar
days before the appearance of the
witness, unless the requirement is
waived by the Co-Chairs, following
their determination that there is good
cause for failure to comply with such
requirement.
(G) Technical assistance.--Upon written request of
the Co-Chairs, a Federal agency shall provide technical
assistance to the joint committee in order for the
joint committee to carry out its duties.
(c) Staff of Joint Committee.--
(1) In general.--The Co-Chairs of the joint committee may
jointly appoint and fix the compensation of staff as they deem
necessary, within the guidelines for employees of the Senate
and following all applicable rules and employment requirements
of the Senate.
(2) Ethical standards.--Members on the joint committee who
serve in the House of Representatives shall be governed by the
ethics rules and requirements of the House. Members of the
Senate who serve on the joint committee and staff of the joint
committee shall comply with the ethics rules of the Senate.
(d) Termination.--The joint committee shall terminate on January
31, 2012.
SEC. 402. EXPEDITED CONSIDERATION OF JOINT COMMITTEE RECOMMENDATIONS.
(a) Introduction.--If approved by the majority required by section
401(b)(3)(B)(ii), the proposed legislative language submitted pursuant
to section 401(b)(3)(B)(iv) shall be introduced in the Senate (by
request) on the next day on which the Senate is in session by the
majority leader of the Senate or by a Member of the Senate designated
by the majority leader of the Senate and shall be introduced in the
House of Representatives (by request) on the next legislative day by
the majority leader of the House or by a Member of the House designated
by the majority leader of the House.
(b) Consideration in the House of Representatives.--
(1) Referral and reporting.--Any committee of the House of
Representatives to which the joint committee bill is referred
shall report it to the House without amendment not later than
December 9, 2011. If a committee fails to report the joint
committee bill within that period, it shall be in order to move
that the House discharge the committee from further
consideration of the bill. Such a motion shall not be in order
after the last committee authorized to consider the bill
reports it to the House or after the House has disposed of a
motion to discharge the bill. The previous question shall be
considered as ordered on the motion to its adoption without
intervening motion except 20 minutes of debate equally divided
and controlled by the proponent and an opponent. If such a
motion is adopted, the House shall proceed immediately to
consider the joint committee bill in accordance with paragraphs
(2) and (3). A motion to reconsider the vote by which the
motion is disposed of shall not be in order.
(2) Proceeding to consideration.--After the last committee
authorized to consider a joint committee bill reports it to the
House or has been discharged (other than by motion) from its
consideration, it shall be in order to move to proceed to
consider the joint committee bill in the House. Such a motion
shall not be in order after the House has disposed of a motion
to proceed with respect to the joint committee bill. The
previous question shall be considered as ordered on the motion
to its adoption without intervening motion. A motion to
reconsider the vote by which the motion is disposed of shall
not be in order.
(3) Consideration.--The joint committee bill shall be
considered as read. All points of order against the joint
committee bill and against its consideration are waived. The
previous question shall be considered as ordered on the joint
committee bill to its passage without intervening motion except
2 hours of debate equally divided and controlled by the
proponent and an opponent and one motion to limit debate on the
joint committee bill. A motion to reconsider the vote on
passage of the joint committee bill shall not be in order.
(4) Vote on passage.--The vote on passage of the joint
committee bill shall occur not later than December 23, 2011.
(c) Expedited Procedure in the Senate.--
(1) Committee consideration.--A joint committee bill
introduced in the Senate under subsection (a) shall be jointly
referred to the committee or committees of jurisdiction, which
committees shall report the bill without any revision and with
a favorable recommendation, an unfavorable recommendation, or
without recommendation, not later than December 9, 2011. If any
committee fails to report the bill within that period, that
committee shall be automatically discharged from consideration
of the bill, and the bill shall be placed on the appropriate
calendar.
(2) Motion to proceed.--Notwithstanding Rule XXII of the
Standing Rules of the Senate, it is in order, not later than 2
days of session after the date on which a joint committee bill
is reported or discharged from all committees to which it was
referred, for the majority leader of the Senate or the majority
leader's designee to move to proceed to the consideration of
the joint committee bill. It shall also be in order for any
Member of the Senate to move to proceed to the consideration of
the joint committee bill at any time after the conclusion of
such 2-day period. A motion to proceed is in order even though
a previous motion to the same effect has been disagreed to. All
points of order against the motion to proceed to the joint
committee bill are waived. The motion to proceed is not
debatable. The motion is not subject to a motion to postpone. A
motion to reconsider the vote by which the motion is agreed to
or disagreed to shall not be in order. If a motion to proceed
to the consideration of the joint committee bill is agreed to,
the joint committee bill shall remain the unfinished business
until disposed of.
(3) Consideration.--All points of order against the joint
committee bill and against consideration of the joint committee
bill are waived. Consideration of the joint committee bill and
of all debatable motions and appeals in connection therewith
shall not exceed a total of 30 hours which shall be divided
equally between the Majority and Minority Leaders or their
designees. A motion further to limit debate on the joint
committee bill is in order, shall require an affirmative vote
of three-fifths of the Members duly chosen and sworn, and is
not debatable. Any debatable motion or appeal is debatable for
not to exceed 1 hour, to be divided equally between those
favoring and those opposing the motion or appeal. All time used
for consideration of the joint committee bill, including time
used for quorum calls and voting, shall be counted against the
total 30 hours of consideration.
(4) No amendments.--An amendment to the joint committee
bill, or a motion to postpone, or a motion to proceed to the
consideration of other business, or a motion to recommit the
joint committee bill, is not in order.
(5) Vote on passage.--If the Senate has voted to proceed to
the joint committee bill, the vote on passage of the joint
committee bill shall occur immediately following the conclusion
of the debate on a joint committee bill, and a single quorum
call at the conclusion of the debate if requested. The vote on
passage of the joint committee bill shall occur not later than
December 23, 2011.
(6) Rulings of the chair on procedure.--Appeals from the
decisions of the Chair relating to the application of the rules
of the Senate, as the case may be, to the procedure relating to
a joint committee bill shall be decided without debate.
(d) Amendment.--The joint committee bill shall not be subject to
amendment in either the House of Representatives or the Senate.
(e) Consideration by the Other House.--
(1) In general.--If, before passing the joint committee
bill, one House receives from the other a joint committee
bill--
(A) the joint committee bill of the other House
shall not be referred to a committee; and
(B) the procedure in the receiving House shall be
the same as if no joint committee bill had been
received from the other House until the vote on
passage, when the joint committee bill received from
the other House shall supplant the joint committee bill
of the receiving House.
(2) Revenue measure.--This subsection shall not apply to
the House of Representatives if the joint committee bill
received from the Senate is a revenue measure.
(f) Rules to Coordinate Action With Other House.--
(1) Treatment of joint committee bill of other house.--If
the Senate fails to introduce or consider a joint committee
bill under this section, the joint committee bill of the House
shall be entitled to expedited floor procedures under this
section.
(2) Treatment of companion measures in the senate.--If
following passage of the joint committee bill in the Senate,
the Senate then receives the joint committee bill from the
House of Representatives, the House-passed joint committee bill
shall not be debatable. The vote on passage of the joint
committee bill in the Senate shall be considered to be the vote
on passage of the joint committee bill received from the House
of Representatives.
(3) Vetoes.--If the President vetoes the joint committee
bill, debate on a veto message in the Senate under this section
shall be 1 hour equally divided between the majority and
minority leaders or their designees.
(g) Loss of Privilege.--The provisions of this section shall cease
to apply to the joint committee bill if--
(1) the joint committee fails to vote on the report or
proposed legislative language required under section
401(b)(3)(B)(i) not later than November 23, 2011; or
(2) the joint committee bill does not pass both Houses not
later than December 23, 2011.
SEC. 403. FUNDING.
Funding for the joint committee shall be derived in equal portions
from--
(1) the applicable accounts of the House of
Representatives; and
(2) the contingent fund of the Senate from the
appropriations account ``Miscellaneous Items'', subject to the
rules and regulations of the Senate.
SEC. 404. RULEMAKING.
The provisions of this title are enacted by Congress--
(1) as an exercise of the rulemaking power of the House of
Representatives and the Senate, respectively, and as such they
shall be considered as part of the rules of each House,
respectively, or of that House to which they specifically
apply, and such rules shall supersede other rules only to the
extent that they are inconsistent therewith; and
(2) with full recognition of the constitutional right of
either House to change such rules (so far as relating to such
House) at any time, in the same manner, and to the same extent
as in the case of any other rule of such House.
TITLE V--PELL GRANT AND STUDENT LOAN PROGRAM CHANGES
SEC. 501. FEDERAL PELL GRANTS.
Section 401(b)(7)(A)(iv) of the Higher Education Act of 1965 (20
U.S.C. 1070a(b)(7)(A)(iv)) is amended--
(1) in subclause (II), by striking ``$3,183,000,000'' and
inserting ``$13,183,000,000''; and
(2) in subclause (III), by striking ``$0'' and inserting
``$7,000,000,000''.
SEC. 502. TERMINATION OF AUTHORITY TO MAKE INTEREST SUBSIDIZED LOANS TO
GRADUATE AND PROFESSIONAL STUDENTS.
Section 455(a) of the Higher Education Act of 1965 (20 U.S.C.
1087e(a)) is amended by adding at the end the following new paragraph:
``(3) Termination of authority to make interest subsidized
loans to graduate and professional students.--
``(A) In general.--Subject to subparagraph (B) and
notwithstanding any provision of this part or part B,
for any period of instruction beginning on or after
July 1, 2012--
``(i) a graduate or professional student
shall not be eligible to receive a Federal
Direct Stafford loan under this part; and
``(ii) the maximum annual amount of Federal
Direct Unsubsidized Stafford loans such a
student may borrow in any academic year (as
defined in section 481(a)(2)) or its equivalent
shall be the maximum annual amount for such
student determined under section 428H, plus an
amount equal to the amount of Federal Direct
Stafford loans the student would have received
in the absence of this subparagraph.
``(B) Exception.--Subparagraph (A) shall not apply
to an individual enrolled in course work specified in
paragraph (3)(B) or (4)(B) of section 484(b).''.
SEC. 503. TERMINATION OF DIRECT LOAN REPAYMENT INCENTIVES.
Section 455(b)(8) of the Higher Education Act of 1965 (20 U.S.C.
1087e(b)(8)) is amended--
(1) in subparagraph (A)--
(A) by amending the header to read as follows:
``(A) Incentives for loans disbursed before july 1,
2012.--''; and
(B) by inserting ``with respect to loans for which
the first disbursement of principal is made before July
1, 2012,'' after ``of this part'';
(2) in subparagraph (B), by inserting ``with respect to
loans for which the first disbursement of principal is made
before July 1, 2012'' after ``repayment incentives''; and
(3) by adding at the end the following new subparagraph:
``(C) No repayment incentives for new loans
disbursed on or after july 1, 2012.--Notwithstanding
any other provision of this part, the Secretary is
prohibited from authorizing or providing any repayment
incentive not otherwise authorized under this part to
encourage on-time repayment of a loan under this part
for which the first disbursement of principal is made
on or after July 1, 2012, including any reduction in
the interest or origination fee rate paid by a borrower
of such a loan, except that the Secretary may provide
for an interest rate reduction for a borrower who
agrees to have payments on such a loan automatically
electronically debited from a bank account.''.
SEC. 504. INAPPLICABILITY OF TITLE IV NEGOTIATED RULEMAKING AND MASTER
CALENDAR EXCEPTION.
Sections 482(c) and 492 of the Higher Education Act of 1965 (20
U.S.C. 1089(c), 1098a) shall not apply to the amendments made by this
title, or to any regulations promulgated under those amendments.
Attest:
Clerk.
112th CONGRESS
1st Session
S. 365
_______________________________________________________________________
AMENDMENT