[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 365 Enrolled Bill (ENR)]
S.365
One Hundred Twelfth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Wednesday,
the fifth day of January, two thousand and eleven
An Act
To provide for budget control.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.