[Congressional Record Volume 157, Number 112 (Monday, July 25, 2011)]
[Senate]
[Pages S4870-S4881]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 581. Mr. REID proposed an amendment to the bill S. 1323, to 
express the

[[Page S4871]]

sense of the Senate on shared sacrifice in resolving the budget 
deficit; as follows:

       Strike all after ``Section'' and insert the following:

     1. SHORT TITLE AND 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 and table of contents.

          TITLE I--DISCRETIONARY SPENDING CAPS AND ENFORCEMENT

Sec. 101. Discretionary spending limits.
Sec. 102. Senate budget enforcement.

                     TITLE II--OTHER SPENDING CUTS

  Subtitle A--Spectrum Auction Proposals and Public Safety Broadband 
                                Network

Sec. 211. Definitions.

          PART I--Auctions of Spectrum and Spectrum Management

Sec. 221. Clarification of authorities to repurpose Federal spectrum 
              for commercial purposes.
Sec. 222. Incentive auction authority.
Sec. 223. Incentive auctions to repurpose certain mobile satellite 
              services spectrum for terrestrial broadband use.
Sec. 224. Permanent extension of auction authority.
Sec. 225. Authority to auction licenses for domestic satellite 
              services.
Sec. 226. Auction of spectrum.
Sec. 227. Report to Congress on improving spectrum management.

                PART II--Public Safety Broadband Network

Sec. 241. Reallocation of D Block for public safety.
Sec. 242. Flexible use of narrowband spectrum.
Sec. 243. Public Safety Trust Fund.
Sec. 244. Public safety research and development.
Sec. 245. Incentive auction relocation fund.
Sec. 246. Federal infrastructure sharing.
Sec. 247. FCC report on efficient use of public safety spectrum.

    Subtitle B--Federal Pell Grant and Student Loan Program Changes

Sec. 251. Federal Pell Grant and student loan program changes.

                       Subtitle C--Farm Programs

Sec. 261. Definition of payment acres.

         TITLE III--JOINT SELECT COMMITTEE ON DEFICIT REDUCTION

Sec. 301. Establishment of Joint Select Committee.
Sec. 302. Expedited consideration of joint committee recommendations.
Sec. 303. Funding.
Sec. 304. Rulemaking.

                         TITLE IV--PUBLIC DEBT

Sec. 401. Public debt.

          TITLE I--DISCRETIONARY SPENDING CAPS AND ENFORCEMENT

     SEC. 101. DISCRETIONARY SPENDING LIMITS.

       (a) Point of Order.--It shall not be in order in the House 
     of Representatives or the Senate to consider any bill, 
     resolution, amendment, motion or conference report that 
     includes any provision that would cause the discretionary 
     spending limits as set forth in this section to be exceeded.
       (b) Limits.--
       (1) In general.--In this section, the term ``discretionary 
     spending limits'' has the following meaning subject to 
     adjustments in paragraph (2) and subsection (c):
       (A) For fiscal year 2012--
       (i) for the security category $606,000,000,000 in budget 
     authority; and
       (ii) for the nonsecurity category $439,000,000,000 in 
     budget authority.
       (B) For fiscal year 2013--
       (i) for the security category $607,000,000,000 in budget 
     authority; and
       (ii) for the nonsecurity category $440,000,000,000 in 
     budget authority.
       (C) For fiscal year 2014, $1,068,000,000,000 in budget 
     authority.
       (D) For fiscal year 2015, $1,089,000,000,000 in budget 
     authority.
       (E) For fiscal year 2016, $1,111,000,000,000 in budget 
     authority.
       (F) For fiscal year 2017, $1,134,000,000,000 in budget 
     authority.
       (G) For fiscal year 2018, $1,156,000,000,000 in budget 
     authority.
       (H) For fiscal year 2019, $1,180,000,000,000 in budget 
     authority.
       (I) For fiscal year 2020, $1,204,000,000,000 in budget 
     authority.
       (J) For fiscal year 2021, $1,228,000,000,000 in budget 
     authority.
       (2) Authorized adjustment to limits.--
       (A) Adjustments for budget submission.--When the President 
     submits a 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 
     out year equal to the baseline levels of new budget authority 
     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.
       (B) Adjustments for congressional enforcement.--For the 
     purposes of Congressional enforcement of the limits in this 
     section, the Chairmen of the Committees on the Budget of the 
     Senate and House may adjust the discretionary spending limits 
     in amounts equal to the adjustments made pursuant to 
     subparagraph (A) as contained in the President's budget. Any 
     adjustment made pursuant to this subparagraph shall not 
     constitute a repeal or change to the limits contained in this 
     section.
       (c) Estimates and Other Adjustments.--
       (1) In general.--
       (A) Limits and suballocations for congressional 
     enforcement.--After the reporting of a bill or joint 
     resolution relating to any matter described in paragraph (2), 
     (3), or (4), or the offering of an amendment thereto or the 
     submission of a conference report thereon--
       (i) for the purposes of enforcement of the discretionary 
     spending limits in the Senate and the House of 
     Representatives, the Chairman of the Committee on the Budget 
     of that House may adjust the discretionary spending limits in 
     this section, the budgetary aggregates in the concurrent 
     resolution on the budget most recently adopted by the Senate 
     and the House of Representatives, and allocations pursuant to 
     section 302(a) of the Congressional Budget Act of 1974, by 
     the amount of new budget authority in that measure for that 
     purpose; and
       (ii) following any adjustment under clause (i), the 
     Committee on Appropriations of that House may report 
     appropriately revised suballocations pursuant to section 
     302(b) of the Congressional Budget Act of 1974 to carry out 
     this subsection.
       (B) Other adjustments.--For the purposes of determining an 
     end of the year sequester pursuant to subsection (f), when 
     OMB submits a sequestration report under subsection (f)(7) 
     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 through 2021 upon the enactment of a bill or 
     resolution relating to any matter described in paragraphs 
     (2), (3), or (4).
       (C) Estimates.--
       (i) 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 for the current year (if any) and the budget year 
     provided by that legislation.
       (ii) OMB estimates and explanation of differences.--

       (I) In general.--Not later than 7 calendar days (excluding 
     Saturdays, Sundays, and legal holidays) after the date of 
     enactment of any discretionary appropriation, OMB shall make 
     publicly available on the day it is issued and, on the 
     following day, shall be printed in the Federal Register a 
     report containing the CBO estimate of that legislation, an 
     OMB estimate of the amount of discretionary new budget 
     authority for the current year (if any) and the budget year 
     provided by that legislation, and an explanation of any 
     difference between the 2 estimates.
       (II) Differences.--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.

       (D) Assumptions and guidelines.--OMB estimates under 
     subparagraph (C) shall be made using current economic and 
     technical assumptions. In its final sequestration report, 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 House and Senate 
     Committees on the Budget, CBO, and OMB.
       (E) Annual appropriations.--For purposes of this paragraph, 
     amounts provided by annual appropriations shall include any 
     new budget authority for the current year (if any) and the 
     advance appropriations that become available in the budget 
     year from previously enacted legislation.
       (2) Other adjustments.--Other adjustments referred to in 
     paragraph (1)(B) are as follows:
       (A) Continuing disability reviews and ssi 
     redeterminations.--
       (i) In general.--If a bill or joint resolution is reported 
     making appropriations in a fiscal year of the amount 
     specified in clause (ii) for continuing disability reviews 
     and Supplemental Security Income redeterminations under the 
     heading ``Limitation on Administrative Expenses'' for the 
     Social Security Administration, and provides an additional 
     appropriation for continuing disability reviews and 
     Supplemental Security Income redeterminations for the Social 
     Security Administration, or one or more initiatives that the 
     Office of the Chief Actuary determines would be at least as 
     cost effective as a redetermination of eligibility under the 
     heading ``Limitation on Administrative Expenses'' for the 
     Social Security Administration of an amount further specified 
     in clause (ii), then the discretionary spending limits, 
     allocation

[[Page S4872]]

     to the Committees on Appropriations of each House, and 
     aggregates for that year may be adjusted by the amount in 
     budget authority not to exceed the additional appropriation 
     provided in such legislation for that purpose for that fiscal 
     year
       (ii) Amounts specified.--The amounts specified are

       (I) for fiscal year 2012, an appropriation of $758,000,000, 
     and an additional appropriation of $237,000,000;
       (II) for fiscal year 2013, an appropriation of 
     $758,000,000, and an additional appropriation of 
     $390,000,000;
       (III) for fiscal year 2014, an appropriation of 
     $778,000,000, and an additional appropriation of 
     $559,000,000;
       (IV) or fiscal year 2015, an appropriation of $799,000,000, 
     and an additional appropriation of $774,000,000;
       (V) for fiscal year 2016, an appropriation of $822,000,000, 
     and an additional appropriation of $778,000,000;
       (VI) for fiscal year 2017, an appropriation of 
     $849,000,000, and an additional appropriation of 
     $804,000,000;
       (VII) for fiscal year 2018, an appropriation of 
     $877,000,000, and an additional appropriation of 
     $831,000,000;
       (VIII) for fiscal year 2019, an appropriation of 
     $906,000,000, and an additional appropriation of 
     $860,000,000;
       (IX) for fiscal year 2020, an appropriation of 
     $935,000,000, and an additional appropriation of 
     $890,000,000; and
       (X) for fiscal year 2021, an appropriation of $963,000,000, 
     and an additional appropriation of $924,000,000.

       (iii) Definitions.--As used in this subparagraph, the terms 
     ``continuing disability reviews'' and ``Supplemental Security 
     Income redeterminations'' mean continuing disability reviews 
     under titles II and XVI of the Social Security Act and 
     redeterminations of eligibility under title XVI of the Social 
     Security Act.
       (iv) Report.--The Commissioner of Social Security shall 
     provide annually to the Congress a report on continuing 
     disability reviews and Supplemental Security Income 
     redeterminations which includes--

       (I) the amount spent on continuing disability reviews and 
     Supplemental Security Income redeterminations in the fiscal 
     year covered by the report, and the number of reviews and 
     redeterminations conducted, by category of review or 
     redetermination;
       (II) the results of the continuing disability reviews and 
     Supplemental Security Income redeterminations in terms of 
     cessations of benefits or determinations of continuing 
     eligibility, by program; and
       (III) the estimated savings over the
     short-, medium-, and long-term to the old-age, survivors, and 
     disability insurance, supplemental security income, Medicare, 
     and medicaid programs from continuing disability reviews and 
     Supplemental Security Income redeterminations which result in 
     cessations of benefits and the estimated present value of 
     such savings.

       (B) Internal revenue service tax enforcement.--
       (i) In general.--If a bill or joint resolution is reported 
     making appropriations in a fiscal year to the Internal 
     Revenue Service of not less than the first amount specified 
     in clause (ii) for tax compliance activities to address the 
     Federal tax gap (taxes owed but not paid), and provides an 
     additional appropriation for tax compliance activities to 
     address the Federal tax gap of an amount further specified in 
     clause (ii), then the discretionary spending limits, 
     allocation to the Committees on Appropriations of each House, 
     and aggregates for that year may be adjusted by the amount in 
     budget authority not to exceed the amount of additional or 
     enhanced tax enforcement provided in such legislation for 
     that fiscal year.
       (ii) Amounts specified.--The amounts specified are--

       (I) for fiscal year 2012, an appropriation of 
     $5,186,000,000, and an additional $715,000,000 for additional 
     or enhanced tax enforcement;
       (II) for fiscal year 2013, an appropriation of 
     $5,186,000,000, and an additional $1,281,000,000 for 
     additional or enhanced tax enforcement;
       (III) for fiscal year 2014, an appropriation of 
     $5,333,000,000, and an additional $1,639,000,000 for 
     additional or enhanced tax enforcement;
       (IV) for fiscal year 2015, an appropriation of 
     $5,489,000,000, and an additional $2,016,000,000 for 
     additional or enhanced tax enforcement;
       (V) for fiscal year 2016, an appropriation of 
     $5,662,000,000, and an additional$2,465,000,000 for 
     additional or enhanced tax enforcement;
       (VI) for fiscal year 2017, an appropriation of 
     $5,858,000,000, and an additional $2,447,000,000 for 
     additional or enhanced tax enforcement;
       (VII) for fiscal year 2018, an appropriation of 
     $6,065,000,000, and an additional $2,421,000,000 for 
     additional or enhanced tax enforcement;
       (VIII) for fiscal year 2019, an appropriation of 
     $6,284,000,000, and an additional $2,383,000,000 for 
     additional or enhanced tax enforcement;
       (IX) for fiscal year 2020, an appropriation of 
     $6,493,000,000, and an additional $2,371,000,000 for 
     additional or enhanced tax enforcement; and
       (X) for fiscal year 2021, an appropriation of 
     $6,705,000,000, and an additional $2,361,000,000 for 
     additional or enhanced tax enforcement.

       (iii) Definition.--In this subparagraph, the term 
     ``additional appropriation for tax compliance activities'' 
     means new and continuing investments in expanding and 
     improving the effectiveness and efficiency of the overall tax 
     enforcement and compliance program of the Internal Revenue 
     Service. Such new and continuing investments include, but are 
     not limited to, additional resources for implementing new 
     authorities and for conducting additional examinations, 
     audits, and enhanced third party data matching;
       (iv) First amount.--The first amount specified in clause 
     (ii) is the amount provided for a fiscal year under the 
     heading ``Enforcement'' for the Internal Revenue Service.
       (v) Amount further specified.--The amount further specified 
     in clause (ii) is the amount under one or more headings in an 
     appropriations act for the Internal Revenue Service that is 
     specified to pay for the costs of the additional 
     appropriation tax compliance activities, but such amount 
     shall be ``0'' (zero) unless the appropriations act under the 
     heading ``Operations Support'' for the Internal Revenue 
     Service provides that such sums as are necessary shall be 
     available, under the ``Operations Support'' heading, to fully 
     support tax enforcement and compliance activities.
       (C) Health care fraud and abuse control.--
       (i) In general.--If a bill or joint resolution is reported 
     making appropriations in a fiscal year for program integrity 
     or fraud and abuse activities under the heading ``Health Care 
     Fraud and Abuse Control Account'' program for the Department 
     of Health and Human Services of up to the amount specified in 
     clause (ii), then the discretionary spending limits, 
     allocation to the Committees on Appropriations of each House, 
     and aggregates for that year may be adjusted in an amount not 
     to exceed the amount in budget authority provided for that 
     program for that fiscal year.
       (ii) Amounts specified.--The amounts specified are--

       (I) for fiscal year 2012, an appropriation of $581,000,000;
       (II) for fiscal year 2013, an appropriation of 
     $610,000,000;
       (III) for fiscal year 2014, an appropriation of 
     $640,000,000;
       (IV) for fiscal year 2015, an appropriation of 
     $672,000,000;
       (V) for fiscal year 2016, an appropriation of $706,000,000;
       (VI) for fiscal year 2017, an appropriation of 
     $725,000,000;
       (VII) for fiscal year 2018, an appropriation of 
     $745,000,000;
       (VIII) for fiscal year 2019, an appropriation of 
     $765,000,000;
       (IX) for fiscal year 2020, an appropriation of 
     $786,000,000; and
       (X) for fiscal year 2021, an appropriation of $807,000,000.

       (iii) Definition.--As used in this subparagraph the term 
     ``program integrity or fraud and abuse activities'' means--

       (I) those activities authorized by section 1817(k)(3) of 
     the Social Security Act; and
       (II) those activities, including administrative costs, in 
     the Medicare Advantage and the Medicare Prescription Drug 
     Program authorized in title XVIII of the Social Security Act, 
     in section 1893 of the Social Security Act, in Medicaid 
     authorized in title XIX of the Social Security Act, and in 
     the Children's Health Insurance Program (``CHIP'') authorized 
     in title XXI of the Social Security Act.

       (iv) Report.--The report required by section 1817(k)(5) of 
     the Social Security Act for each fiscal year shall include 
     measures of the operational efficiency and impact on fraud, 
     waste, and abuse in the Medicare, Medicaid, and CHIP programs 
     for the funds provided by this adjustment.
       (D) Unemployment insurance improper payment reviews.--
       (i) In general.--If a bill or joint resolution is reported 
     making appropriations in a fiscal year of the amount 
     specified in clause (ii) for in-person reemployment and 
     eligibility assessments and unemployment insurance improper 
     payment reviews under the heading ``State Unemployment 
     Insurance and Employment Service Operations'' for the 
     Department of Labor, and provides an additional appropriation 
     for in-person reemployment and eligibility assessments and 
     unemployment insurance improper payment reviews under the 
     heading ``State Unemployment Insurance and Employment Service 
     Operations'' for the Department of Labor of up to an amount 
     further specified in clause (ii), then the discretionary 
     spending limits, allocation to the Committees on 
     Appropriations of each House, and aggregates for that year 
     may be adjusted by an amount in budget authority not to 
     exceed the additional appropriation provided in such 
     legislation for that purpose for that fiscal year.
       (ii) Amounts specified.--The amounts specified are--

       (I) for fiscal year 2012, an appropriation of $60,000,000, 
     and an additional appropriation of $10,000,000;
       (II) for fiscal year 2013, an appropriation of $60,000,000, 
     and an additional appropriation of $15,000,000;
       (III) for fiscal year 2014, an appropriation of 
     $61,000,000, and an additional appropriation of $19,000,000;
       (IV) for fiscal year 2015, an appropriation of $61,000,000, 
     and an additional appropriation of $24,000,000;
       (V) for fiscal year 2016, an appropriation of $62,000,000, 
     and an additional appropriation of $28,000,000;
       (VI) for fiscal year 2017, an appropriation of $63,000,000, 
     and an additional appropriation of $28,000,000;

[[Page S4873]]

       (VII) for fiscal year 2018, an appropriation of 
     $64,000,000, and an additional appropriation of $29,000,000;
       (VIII) for fiscal year 2019, an appropriation of 
     $64,000,000, and an additional appropriation of $30,000,000;
       (IX) for fiscal year 2020, an appropriation of $65,000,000, 
     and an additional appropriation of $31,000,000; and
       (X) for fiscal year 2021, an appropriation of $66,000,000, 
     and an additional appropriation of $31,000,000.

       (iii) Definitions.--As used in this subparagraph, the terms 
     ``in-person reemployment and eligibility assessments'' and 
     ``unemployment improper payment reviews'' mean reviews or 
     assessments conducted in local workforce offices to determine 
     the continued eligibility of an unemployment insurance 
     claimant under the Federal Unemployment Tax Act, Title III of 
     the Social Security Act, and applicable State laws, to ensure 
     they are meeting their obligation to search for work as a 
     condition of eligibility, and to speed their return to work.
       (3) Overseas deployments and related activities.--
       (A) Cap adjustment.--The discretionary spending limits, 
     allocation to the Committees on Appropriations of each House, 
     and aggregates for that year may be adjusted by an amount in 
     budget authority not to exceed the amount provided in such 
     legislation for that purpose for that fiscal year, but not to 
     exceed in aggregate the amounts specified in subparagraph (B) 
     for any--
       (i) bills reported by the Committees on Appropriations of 
     either House or in the Senate, passed by the House of 
     Representatives;
       (ii) joint resolutions or amendments reported by the 
     Committees on Appropriations of either House;
       (iii) amendments between the Houses, Senate amendments to 
     such amendments offered by the authority of the Committee on 
     Appropriations of the Senate, or House amendments to such 
     amendments offered by the authority of the Committee on 
     Appropriations in the House of Representatives; or
       (iv) conference reports; making appropriations for overseas 
     deployments and related activities.
       (B) Levels.--
       (i) Levels.--The initial levels for overseas deployments 
     and related activities specified in this subparagraph are as 
     follows:

       (I) For fiscal year 2012, $126,544,000,000 in budget 
     authority.
       (II) For the total of fiscal years 2013-2021, 
     $450,000,000,000 in budget authority.

       (ii) Levels for congressional enforcement.--For each fiscal 
     year after fiscal year 2012, Congress shall adopt in the 
     concurrent resolution on the budget for that fiscal year an 
     adjustment for overseas deployments and related activities, 
     provided that Congress may not adopt an adjustment for any 
     fiscal year that would cause the total adjustments for fiscal 
     years 2013-2021 to exceed the amount authorized in subclause 
     (II).
       (iii) Accounting for overseas deployment and related 
     activities.--In any report issued under section 7(f), the 
     Office of Management and Budget shall state the total amount 
     of spending on overseas deployments and related activities 
     for fiscal years 2013-2021 and the estimated amount of budget 
     authority adjustment remaining for that period.
       (C) Adjustment for offset overseas deployment costs.--The 
     levels set in subparagraph (B) may be further adjusted by the 
     amount of budget authority provided in legislation for 
     additional costs associated with overseas deployments and 
     related activities if the amount of budget authority above 
     those levels is offset.
       (4) Adjustments for disaster funding.--
       (A) In general.--If, for fiscal years 2011 through 2021, 
     appropriations for discretionary accounts are enacted that 
     Congress designates as being for disaster relief in statute, 
     the adjustment shall be the total of such appropriations in 
     discretionary accounts designated as being for disaster 
     relief, but not to exceed the total of--
       (i) the average funding provided for disasters over the 
     previous ten years, excluding the highest and lowest years; 
     and
       (ii) 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 (A) for that year, the difference between the enacted 
     amount and the allowable adjustment as calculated in (A) for 
     that year.
       (B) OMB report.--The Office of Management and Budget shall 
     report to the Committees on Appropriations in each House the 
     adjustment for disaster funding for fiscal year 2011, and a 
     preview report of the estimated level for fiscal year 2012, 
     not later than 30 days after enactment of this section.
       (d) Limitations on Changes to This Section.--Unless 
     otherwise specifically provided in this section, it shall not 
     be in order in the Senate or the House of Representatives to 
     consider any bill, resolution (including a concurrent 
     resolution on the budget), amendment, motion, or conference 
     report that would repeal or otherwise change this section.
       (e) Waiver and Appeal.--
       (1) Waiver.--In the Senate, subsections (a) through (d) 
     shall be waived or suspended only--
       (A) by the affirmative vote of three-fifths of the Members, 
     duly chosen and sworn; or
       (B) if the provisions of section (f)(8) are in effect.
       (2) Appeal.--Appeals in the Senate from the decisions of 
     the Chair relating to any provision of this section shall be 
     limited to 1 hour, to be equally divided between, and 
     controlled by, the appellant and the manager of the measure. 
     An affirmative vote of three-fifths of the Members of the 
     Senate, duly chosen and sworn, shall be required to sustain 
     an appeal of the ruling of the Chair on a point of order 
     raised under this section.
       (f) End-of-year Sequester for Exceeding Discretionary 
     Caps.--
       (1) Sequestration.--
       (A) In general.--Not later than 15 calendar days after 
     Congress adjourns to end a session, there shall be a 
     sequestration to eliminate a budget-year breach, if any, 
     within the discretionary categories as set by subsection (b).
       (B) Overseas deployments.--Any amount of budget authority 
     for overseas deployments and related activities for fiscal 
     year 2012 in excess of the levels set in subsection 
     (c)(3)(B)(i), or for fiscal years 2013-2021 that would cause 
     the total adjustment for fiscal years 2013-2021 to exceed the 
     amount authorized in section (c)(3)(B)(II), that is not 
     otherwise offset pursuant subsection (c)(3)(C)(i) shall be 
     counted in determining whether a breach has occurred in the 
     security category (for fiscal years 2012 and 2013) or the 
     discretionary category (thereafter).
       (C) Emergency spending.--
       (i) Effect of designation in statute.--If, for any fiscal 
     year, appropriations for discretionary accounts are enacted 
     that Congress designates as emergency requirements in statute 
     pursuant to this subsection, the total of such budget 
     authority in discretionary accounts designated as emergency 
     requirements in all fiscal years from such appropriations 
     shall not be counted in determining whether a breach has 
     occurred, and shall not count for the purposes of 
     Congressional enforcement.
       (ii) Designation in the house of representatives.--If an 
     appropriations act includes a provision expressly designated 
     as an emergency for the purposes of this section, the Chair 
     shall put the question of consideration with respect thereto.
       (iii) Point of order in the senate.--

       (I) In general.--When the Senate is considering an 
     appropriations act, if a point of order is made by a Senator 
     against an emergency designation in that measure, that 
     provision making such a designation shall be stricken from 
     the measure and may not be offered as an amendment from the 
     floor.
       (II) Supermajority waiver and appeals.--

       (aa) Waiver.--Subclause (I) may be waived or suspended in 
     the Senate only by an affirmative vote of three-fifths of the 
     Members, duly chosen and sworn.
       (bb) Appeals.--Appeals in the Senate from the decisions of 
     the Chair relating to any provision of this subsection shall 
     be limited to 1 hour, to be equally divided between, and 
     controlled by, the appellant and the manager of the bill or 
     joint resolution, as the case may be. An affirmative vote of 
     three-fifths of the Members of the Senate, duly chosen and 
     sworn, shall be required to sustain an appeal of the ruling 
     of the Chair on a point of order raised under this 
     subsection.

       (III) Definition of an emergency designation.--For purposes 
     of subclause (I), a provision shall be considered an 
     emergency designation if it designates any item as an 
     emergency requirement pursuant to this subsection.
       (IV) Form of the point of order.--A point of order under 
     subclause (I) may be raised by a Senator as provided in 
     section 313(e) of the Congressional Budget Act of 1974.
       (V) Conference reports.--When the Senate is considering a 
     conference report on, or an amendment between the Houses in 
     relation to, an appropriations act, upon a point of order 
     being made by any Senator pursuant to this section, and such 
     point of order being sustained, such material contained in 
     such conference report shall be deemed stricken, and the 
     Senate shall proceed to consider the question of whether the 
     Senate shall recede from its amendment and concur with a 
     further amendment, or concur in the House amendment with a 
     further amendment, as the case may be, which further 
     amendment shall consist of only that portion of the 
     conference report or House amendment, as the case may be, not 
     so stricken. Any such motion in the Senate shall be debatable 
     under the same conditions as was the conference report. In 
     any case in which such point of order is sustained against a 
     conference report (or Senate amendment derived from such 
     conference report by operation of this subsection), no 
     further amendment shall be in order.

       (2) Eliminating a breach.--Each non-exempt account within a 
     category shall be reduced by a dollar amount calculated by 
     multiplying the baseline level of sequesterable budgetary 
     resources in that account at that time by the uniform 
     percentage necessary to eliminate a breach within that 
     category.
       (3) Military personnel.--
       (A) In general.--The President may, with respect to any 
     military personnel account, exempt that account from 
     sequestration or provide for a lower uniform percentage 
     reduction than would otherwise apply, provided that the 
     President has notified Congress of the manner in which such 
     authority will be exercised pursuant to paragraph (7)(A)(ii).
       (B) Reductions.--If the President uses the authority to 
     exempt any military personnel from sequestration under 
     paragraph (7)(A)(ii), each account within subfunctional

[[Page S4874]]

     category 051 (other than those military personnel accounts 
     for which the authority provided under clause (i) 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 budget authority is 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.
       (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 after such 
     enactment there shall be a sequestration to eliminate that 
     breach within that category following the procedures set 
     forth in paragraphs (2) through (4).
       (7) Reports.--
       (A) Sequestration preview report.--
       (i) In general.--Not later than 5 days before the date of 
     the President's budget submission for CBO, and the date of 
     the President's budget submissions for OMB, OMB and CBO shall 
     issue a preview report regarding discretionary spending based 
     on laws enacted through those dates. The preview report shall 
     set forth estimates for the current year and each subsequent 
     year through 2021 of the applicable discretionary spending 
     limits for each category and an explanation of any 
     adjustments in such limits under this section.
       (ii) Notification regarding military personnel.--On or 
     before the date of the sequestration preview report, the 
     President shall notify the Congress of the manner in which he 
     intends to exercise flexibility with respect to military 
     personnel accounts under subsection (f)(3).
       (iii) Explanation of differences.--The OMB reports shall 
     explain the differences between OMB and CBO estimates for 
     each item set forth in this subsection.
       (B) Sequestration update report.--Not later than August 15 
     for CBO, and August 20 for OMB, OMB and CBO shall issue a 
     sequestration update report, reflecting laws enacted through 
     those dates, containing all of the information required in 
     the sequestration preview reports. This report shall also 
     contain a preview estimate of the adjustment for disaster 
     funding for the upcoming fiscal year.
       (C) Final sequestration report.--Not later than 10 days 
     after the end of session for CBO, and 14 days after the end 
     of session for OMB (excluding weekends and holidays), OMB and 
     CBO shall issue a final sequestration report, updated to 
     reflect laws enacted through those dates, with estimates for 
     each of the following:
       (i) For the current year and each subsequent year through 
     2021 the applicable discretionary spending limits for each 
     category and an explanation of any adjustments in such limits 
     under this section, including a final estimate of the 
     disaster funding adjustment.
       (ii) For the current year and the budget year the estimated 
     new budget authority for each category and the breach, if 
     any, in each category.
       (iii) For each category for which a sequestration is 
     required, the sequestration percentages necessary to achieve 
     the required reduction.
       (iv) For the budget year, for each account to be 
     sequestered, estimates of the baseline level of sequesterable 
     budgetary resources and the amount of budgetary resources to 
     be sequestered.
       (8) Suspension in the event of low growth.--Section 254(i) 
     and subsections (a), (b)(1), and (c) of section 258 of the 
     Balanced Budget and Emergency Deficit Control Act of 1985 
     with respect to suspension of this section for low growth 
     only shall apply to this section, provided that those 
     sections are deemed not to apply to titles III and IV of the 
     Congressional Budget Act of 1974 and section 1103 of title 
     31, United States Code.
       (g) Definitions.--
       (1) Nonsecurity category.--The term ``nonsecurity 
     category'' means all discretionary appropriations, as that 
     term is defined in section 250(c)(7) of the Balanced Budget 
     and Emergency Deficit Control Act of 1985, not included in 
     the security category defined in this Act, but does not 
     include any appropriations designated for overseas 
     deployments and related activities pursuant to section 
     (c)(3), or appropriations designated as an emergency pursuant 
     to this Act.
       (2) Security category.--The term ``security category'' 
     includes discretionary appropriations, as that term is 
     defined in section 250(c)(7) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985, in budget functions 
     050 and 700, but does not include any appropriations 
     designated for overseas deployments and related activities 
     pursuant to section (c)(3), or appropriations designated as 
     an emergency pursuant to this Act.
       (3) Discretionary category.--The term ``discretionary 
     category'' includes all discretionary appropriations 
     designated as an emergency pursuant to this Act, as that term 
     is defined in section 250(c)(7) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985, but does not include 
     any appropriations designated for overseas deployments and 
     related activities pursuant to section (c)(3), or 
     appropriations designated as an emergency pursuant to this 
     Act.
       (4) Advance appropriation.--The term ``advance 
     appropriation'' means appropriations of new budget authority 
     that become available one or more fiscal years beyond the 
     fiscal year for which the appropriation act was passed.
       (5) Discretionary spending limits.--The term 
     ``discretionary spending limits'' means the amounts specified 
     in section 101 of this Act.
       (6) Definitions.--To the extent they are not defined in 
     this section, the terms used in this section shall have the 
     same meaning as the terms defined in section 251(c) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985, as 
     amended.
       (h) Sequestration Rules.--
       (1) In general.--Subsections (g) and (k) of section 256 of 
     the Balanced Budget and Emergency Deficit Control Act of 1985 
     shall apply to sequestration under this Act.
       (2) Intergovernmental funds.--For purposes of sequestration 
     under this section, budgetary resources shall not include 
     activities financed by voluntary payments to the Government 
     for goods and services to be provided for such payments, 
     intragovernmental funds paid in from other Government 
     accounts, and unobligated balances of prior year 
     appropriations.

     SEC. 102. 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 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 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, 2012-2016, and 2012-2021 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 fiscal years 2011, 2012, 
     2012-2016, 2012-2021 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, 2012-2016, and 2012-2021 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, 2013-2017, and 2013-2022 consistent with the 
     Congressional

[[Page S4875]]

     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 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) Upon 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 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 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 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) Sections (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) Sections (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--OTHER SPENDING CUTS

  Subtitle A--Spectrum Auction Proposals and Public Safety Broadband 
                                Network

     SEC. 211. DEFINITIONS.

       In this subtitle, the following definitions shall apply:
       (1) 700 mhz band.--The term ``700 MHz band'' means the 
     portion of the electromagnetic spectrum between the 
     frequencies from 698 megahertz to 806 megahertz.
       (2) 700 mhz d block spectrum.--The term ``700 MHz D block 
     spectrum'' means the portion of the electromagnetic spectrum 
     between the frequencies from 758 megahertz to 763 megahertz 
     and between the frequencies from 788 megahertz to 793 
     megahertz.
       (3) Appropriate committees of congress.--Except as 
     otherwise specifically provided, the term ``appropriate 
     committees of Congress'' means--
       (A) the Committee on Commerce, Science, and Transportation 
     of the Senate; and
       (B) the Committee on Energy and Commerce of the House of 
     Representatives.
       (4) Assistant secretary.--The term ``Assistant Secretary'' 
     means the Assistant Secretary of Commerce for Communications 
     and Information.
       (5) Commission.--The term ``Commission'' means the Federal 
     Communications Commission.
       (6) Corporation.--The term ``Corporation'' means the Public 
     Safety Broadband Corporation established under section 244.
       (7) Existing public safety broadband spectrum.--The term 
     ``existing public safety broadband spectrum'' means the 
     portion of the electromagnetic spectrum between the 
     frequencies--
       (A) from 763 megahertz to 768 megahertz;
       (B) from 793 megahertz to 798 megahertz;
       (C) from 768 megahertz to 769 megahertz; and
       (D) from 798 megahertz to 799 megahertz.
       (8) Federal entity.--The term ``Federal entity'' has the 
     same meaning as in section 113(i) of the National 
     Telecommunications and Information Administration 
     Organization Act (47 U.S.C. 923(i)).
       (9) Narrowband spectrum.--The term ``narrowband spectrum'' 
     means the portion of the electromagnetic spectrum between the 
     frequencies from 769 megahertz to 775 megahertz and between 
     the frequencies from 799 megahertz to 805 megahertz.
       (10) NIST.--The term ``NIST'' means the National Institute 
     of Standards and Technology.
       (11) NTIA.--The term ``NTIA'' means the National 
     Telecommunications and Information Administration.
       (12) Public safety entity.--The term ``public safety 
     entity'' means an entity that provides public safety 
     services.
       (13) Public safety services.--The term ``public safety 
     services''--
       (A) has the meaning given the term in section 337(f) of the 
     Communications Act of 1934 (47 U.S.C. 337(f)); and
       (B) includes services provided by emergency response 
     providers, as that term is defined in section 2 of the 
     Homeland Security Act of 2002 (6 U.S.C. 101).

          PART I--AUCTIONS OF SPECTRUM AND SPECTRUM MANAGEMENT

     SEC. 221. CLARIFICATION OF AUTHORITIES TO REPURPOSE FEDERAL 
                   SPECTRUM FOR COMMERCIAL PURPOSES.

       (a) Eligible Federal Entities.--Section 113(g)(1) of the 
     National Telecommunications and Information Administration 
     Organization Act (47 U.S.C. 923(g)(1)) is amended to read as 
     follows:
       ``(1) Eligible federal entities.--Any Federal entity that 
     operates a Federal Government station authorized to use a 
     band of frequencies specified in paragraph (2) and that 
     incurs relocation costs because of planning for a potential 
     auction of spectrum frequencies, a planned auction of 
     spectrum frequencies, or the reallocation of spectrum 
     frequencies from Federal use to exclusive non-Federal use, or 
     shared Federal and non-Federal use shall receive payment for 
     such costs from the Spectrum Relocation Fund, in accordance 
     with section 118 of this Act. For purposes of this paragraph, 
     Federal power agencies exempted under subsection (c)(4) that 
     choose to relocate from the frequencies identified for 
     reallocation pursuant to subsection (a), are eligible to 
     receive payment under this paragraph.''.
       (b) Eligible Frequencies.--Section 113(g)(2)(B) of the 
     National Telecommunications and Information Administration 
     Organization Act (47 U.S.C. 923(g)(2)(B)) is amended to read 
     as follows:
       ``(B) any other band of frequencies reallocated from 
     Federal use to non-Federal or shared use, whether for 
     licensed or unlicensed use, after January 1, 2003, that is 
     assigned--
       ``(i) by competitive bidding pursuant to section 309(j) of 
     the Communications Act of 1934 (47 U.S.C. 309(j)); or
       ``(ii) as a result of an Act of Congress or any other 
     administrative or executive direction.''.
       (c) Definition of Relocation and Sharing Costs.--Section 
     113(g)(3) of the National Telecommunications and Information 
     Administration Organization Act (47 U.S.C. 923(g)(3)) is 
     amended to read as follows:
       ``(3) Definition of relocation and sharing costs.--For 
     purposes of this subsection, the terms `relocation costs' and 
     `sharing costs' mean the costs incurred by a Federal entity 
     to plan for a potential or planned auction or sharing of 
     spectrum frequencies and to achieve comparable capability of 
     systems, regardless of whether that capability is achieved by 
     relocating to a new frequency assignment, relocating a 
     Federal Government station to a different geographic 
     location, modifying Federal Government equipment to mitigate 
     interference or use less spectrum, in terms of bandwidth, 
     geography, or time, and thereby permitting spectrum sharing 
     (including sharing among relocated Federal entities and 
     incumbents to make spectrum available for non-Federal use) or 
     relocation, or by utilizing an alternative technology. 
     Comparable capability of systems includes the acquisition of 
     state-of-the art replacement systems intended to meet 
     comparable operational scope, which may include incidental 
     increases in functionality. Such costs include--
       ``(A) the costs of any modification or replacement of 
     equipment, spares, associated ancillary equipment, software, 
     facilities, operating manuals, training costs, or regulations 
     that are attributable to relocation or sharing;
       ``(B) the costs of all engineering, equipment, software, 
     site acquisition, and construction costs, as well as any 
     legitimate and prudent transaction expense, including term-
     limited Federal civil servant and contractor staff necessary 
     to carry out the relocation activities of an eligible Federal 
     entity, and reasonable additional costs incurred by the 
     Federal entity that are attributable to relocation or 
     sharing, including increased recurring costs above recurring 
     costs of the system before relocation for the remaining 
     estimated life of the system being relocated;
       ``(C) the costs of research, engineering studies, economic 
     analyses, or other expenses reasonably incurred in connection 
     with--
       ``(i) calculating the estimated relocation costs that are 
     provided to the Commission pursuant to paragraph (4) of this 
     subsection, or in calculating the estimated sharing costs;
       ``(ii) determining the technical or operational feasibility 
     of relocation to 1 or more potential relocation bands; or
       ``(iii) planning for or managing a relocation or sharing 
     project (including spectrum coordination with auction 
     winners) or potential relocation or sharing project;
       ``(D) the one-time costs of any modification of equipment 
     reasonably necessary to accommodate commercial use of shared 
     frequencies or, in the case of frequencies reallocated to 
     exclusive commercial use, prior to the termination of the 
     Federal entity's primary allocation or protected status, when 
     the eligible frequencies as defined in paragraph (2) of this 
     subsection are made available for private sector uses by 
     competitive bidding and a Federal entity retains primary 
     allocation or protected status in those frequencies for a 
     period of time after the completion of the competitive 
     bidding process;
       ``(E) the costs associated with the accelerated replacement 
     of systems and equipment if such acceleration is necessary to 
     ensure

[[Page S4876]]

     the timely relocation of systems to a new frequency 
     assignment or the timely accommodation of sharing of Federal 
     frequencies; and
       ``(F) the costs of the use of commercial systems (including 
     systems not utilizing spectrum) to replace Federal systems 
     discontinued or relocated pursuant to this Act, including 
     lease, subscription, and equipment costs over an appropriate 
     period, such as the anticipated life of an equivalent Federal 
     system or other period determined by the Director of the 
     Office of Management and Budget.''.
       (d) Spectrum Sharing.--Section 113(g) of the National 
     Telecommunications and Information Administration 
     Organization Act (47 U.S.C. 923(g)) is amended by adding at 
     the end the following:
       ``(7) Spectrum sharing.--A Federal entity is permitted to 
     allow access to its frequency assignments by a non-Federal 
     entity upon approval of NTIA, in consultation with the 
     Director of the Office of Management and Budget. Such non-
     Federal entities shall comply with all applicable rules of 
     the Commission and the NTIA, including any regulations 
     promulgated pursuant to this section. Any remuneration 
     associated with such access shall be deposited into the 
     Spectrum Relocation Fund established under section 118. A 
     Federal entity that incurs costs as a result of such access 
     is eligible for payment from the Fund for the purposes 
     specified in paragraph (3) of this section. The revenue 
     associated with such access shall be at least 110 percent of 
     the estimated Federal costs.''.
       (e) Spectrum Relocation Fund.--Section 118 of the National 
     Telecommunications and Information Administration 
     Organization Act (47 U.S.C. 928) is amended--
       (1) in subsection (b), by inserting before the period at 
     the end the following: ``and any payments made by non-Federal 
     entities for access to Federal spectrum pursuant to section 
     113(g)(7) (47 U.S.C. 113(g)(7))'';
       (2) by amending subsection (c) to read as follows:
       ``(c) Use of Funds.--
       ``(1) Funds from auctions.--The amounts in the Fund from 
     auctions of eligible frequencies are authorized to be used to 
     pay relocation costs, as such costs are defined in section 
     113(g)(3), of an eligible Federal entity incurring such costs 
     with respect to relocation from any eligible frequency.
       ``(2) Funds from payments by non-federal entities.--The 
     amounts in the Fund from payments by non-Federal entities for 
     access to Federal spectrum are authorized to be used to pay 
     the sharing costs, as such costs are defined in section 
     113(g)(3), of an eligible Federal entity incurring such 
     costs.
       ``(3) Transfer of funds.--
       ``(A) In general.--Subject to subparagraph (B), the 
     Director of OMB may transfer at any time (including prior to 
     any auction or contemplated auction, or sharing initiative) 
     such sums as may be available in the Fund to an eligible 
     Federal entity to pay eligible relocation or sharing costs 
     related to pre-auction estimates or research, as such costs 
     are described in section 113(g)(3)(C).
       ``(B) Limitation.--The Director of OMB may not transfer 
     more than $100,000,000 associated with authorize pre-auction 
     activities before an auction is completed and proceeds are 
     deposited in the Spectrum Relocation Fund.
       ``(C) Applicability.--The Director of OMB may transfer up 
     to $10,000,000 to eligible Federal entities for eligible 
     relocation or sharing costs related to pre-auction estimates 
     or research, as such costs are described in section 
     113(g)(3)(C), for costs incurred prior to the date of the 
     enactment of the Budget Control Act of 2011, but after June 
     28th, 2010.''.
       (3) in subsection (d)--
       (A) in paragraph (1), by inserting ``and sharing'' before 
     ``costs'';
       (B) in paragraph (2)(B)--
       (i) by inserting ``and sharing'' before ``costs''; and
       (ii) by inserting ``and sharing'' before the period at the 
     end; and
       (C) by amending paragraph (3) to read as follows:
       ``(3) Reversion of unused funds.--
       ``(A) In general.--Any amounts in the Fund that are 
     remaining after the payment of the relocation and sharing 
     costs that are payable from the Fund shall revert to and be 
     deposited in the General Fund of the Treasury not later than 
     15 years after the date of the deposit of such proceeds to 
     the Fund, unless within 60 days in advance of the reversion 
     of such funds, the Director of OMB, in consultation with the 
     Assistant Secretary for Communications and Information, 
     notifies the appropriate committees of Congress that such 
     funds are needed to complete or to implement current or 
     future relocations or sharing initiatives.
       ``(B) Definition.--In this paragraph, the term `appropriate 
     committees of Congress' means
       ``(i) the Committee on Appropriations of the Senate;
       ``(ii) the Committee on Commerce, Science, and 
     Transportation of the Senate;
       ``(iii) the Committee on Appropriations of the House of 
     Representatives; and
       ``(iv) the Committee on Energy and Commerce of the House of 
     Representatives.'';
       (4) in subsection (e)(2)--
       (A) by inserting ``and sharing'' before ``costs'';
       (B) by inserting ``or sharing'' before ``is complete''; and
       (C) by inserting ``or sharing'' before ``in accordance''; 
     and
       (5) by adding at the end the following:
       ``(f) Additional Payments From the Fund.--Notwithstanding 
     subsections (c) through (e), after the date of the enactment 
     of the Budget Control Act of 2011, and following the credit 
     of any amounts specified in subsection (b), there are hereby 
     appropriated from the Fund and available to the Director of 
     the OMB up to 10 percent of the amounts deposited in the Fund 
     from the auction of licenses for frequencies of spectrum 
     vacated by Federal entities, or up to 10 percent of the 
     amounts deposited in the Fund by non-Federal entities for 
     sharing of Federal spectrum. The Director of OMB, in 
     consultation with the Assistant Secretary for Communications 
     and Information, may use such amounts to pay eligible Federal 
     entities for the purpose of encouraging timely access to such 
     spectrum, provided that--
       ``(1) any such payment by the Director of OMB is based on 
     the market value of the spectrum, the timeliness of clearing, 
     and needs for essential missions of agencies;
       ``(2) any such payment by the Director of OMB is used to 
     carry out the purposes specified in subparagraphs (A) through 
     (F) of paragraph (3) of subsection 113(g) to enhance other 
     communications, radar, and spectrum-using investments not 
     directly affected by such reallocation or sharing but 
     essential for the missions of the Federal entity that is 
     relocating its systems or sharing frequencies;
       ``(3) the amount remaining in the Fund after any such 
     payment by the Director is not less than 10 percent of the 
     winning bids in the relevant auction, or is not less than 10 
     percent of the payments from non-Federal entities in the 
     relevant sharing agreement; and
       ``(4) any such payment by the Director shall not be made 
     until 30 days after the Director has notified the Committees 
     on Appropriations and Commerce, Science, and Transportation 
     of the Senate, and the Committees on Appropriations and 
     Energy and Commerce of the House of Representatives.''.
       (f) Competitive Bidding; Treatment of Revenues.--
     Subparagraph (D) of section 309(j)(8) of the Communications 
     Act of 1934 (47 U.S.C. 309(j)(8)) is amended by inserting 
     ``excluding frequencies identified by the Federal 
     Communications Commission to be auctioned in conjunction with 
     eligible frequencies described in section 113(g)(2)'' before 
     ``shall be deposited''.
       (g) Public Disclosure and Nondisclosure.--If the head of an 
     executive agency of the Federal Government determines that 
     public disclosure of any information contained in 
     notifications and reports required by section 113 or 118 of 
     the National Telecommunications and Information 
     Administration Organization Act (47 U.S.C. 923 and 928) would 
     reveal classified national security information or other 
     information for which there is a legal basis for 
     nondisclosure and such public disclosure would be detrimental 
     to national security, homeland security, public safety, or 
     jeopardize law enforcement investigations, the head of the 
     executive agency shall notify the NTIA of that determination 
     prior to release of such information. In that event, such 
     classified information shall be included in a separate annex, 
     as needed. These annexes shall be provided to the appropriate 
     subcommittee in accordance with appropriate national security 
     stipulations, but shall not be disclosed to the public or 
     provided to any unauthorized person through any other means.

     SEC. 222. INCENTIVE AUCTION AUTHORITY.

       (a) In General.--Paragraph (8) of section 309(j) of the 
     Communications Act of 1934 (47 U.S.C. 309(j)) is amended--
       (1) in subparagraph (A), by striking ``(B), (D), and (E),'' 
     and inserting ``(B), (D), (E), and (F),''; and
       (2) by adding at the end the following:
       ``(F) Incentive auction authority.--
       ``(i) Authority.--Notwithstanding any other provision of 
     law, if the Commission determines that it is consistent with 
     the public interest in utilization of the spectrum for a 
     licensee to relinquish voluntarily some or all of its 
     licensed spectrum usage rights in order to permit the 
     assignment of new initial licenses through a competitive 
     bidding process subject to new service rules, or the 
     designation of new spectrum for unlicensed use, the 
     Commission may disburse to that licensee a portion of any 
     auction proceeds that the Commission determines, in its 
     discretion, are attributable to the licensee's relinquished 
     spectrum usage rights.
       ``(ii) Repacking.--When assigning spectrum to television 
     broadcast station licensees pursuant to clause (i), if the 
     Commission determines that it is in the public interest to 
     modify the spectrum usage rights of any incumbent licensee in 
     order to facilitate the assignment of such new initial 
     licenses subject to new service rules, or the designation of 
     spectrum for an unlicensed use, the Commission may disburse 
     to such licensee a portion of the auction proceeds for the 
     purpose of relocating to any alternative frequency or 
     location that the Commission may designate.
       ``(iii) Unlicensed spectrum.--

       ``(I) In general.--With respect to frequency bands between 
     54 and 72 MHz, 76 and 88 MHz, 174 and 216 MHz, 470 and 698 
     MHz, 84 MHz (referred to in this clause as the `specified 
     bands') shall be assigned via a competitive bidding process 
     until the winning bidders for licenses covering 90 megahertz 
     from the specified bands deposit the full amount of their 
     bids in accordance with the instructions of the Commission. 
     In addition, if more than 90 megahertz of spectrum from the

[[Page S4877]]

     specified bands is made available for alternative use 
     utilizing payments under this subsection, and such spectrum 
     is assigned via competitive bidding, a portion of the 
     proceeds may be disbursed to licensees of other frequency 
     bands for the purpose of making additional spectrum 
     available.
       ``(II) Notice.--The Chairman of the Commission, in 
     consultation with the Director of OMB, shall notify the 
     Committees on Appropriations and Commerce, Science, and 
     Transportation of the Senate, and the Committees on 
     Appropriations and Energy and Commerce of the House of 
     Representatives of the methodology for calculating such 
     payments to licensees at least 3 months in advance of the 
     relevant auction, and that such methodology consider the 
     value of spectrum vacated in its current use and the 
     timeliness of clearing; and

       ``(iv) Treatment of revenues.--Notwithstanding subparagraph 
     (A), and except as provided in subparagraphs (B), (C), and 
     (D), all proceeds (including deposits and up front payments 
     from successful bidders) from the auction of spectrum under 
     this subparagraph shall be deposited with the Public Safety 
     Trust Fund established under section 243 of the Budget 
     Control Act of 2011.
       ``(G) Establishment of incentive auction relocation fund.--
       ``(i) In general.--There is established in the Treasury of 
     the United States a fund to be known as the `Incentive 
     Auction Relocation Fund'.
       ``(ii) Administration.--The Assistant Secretary shall 
     administer the Incentive Auction Relocation Fund using the 
     amounts deposited pursuant to this section.
       ``(iii) Crediting of receipts.--There shall be deposited 
     into or credited to the Incentive Auction Relocation Fund any 
     amounts specified in section 243 of the Budget Control Act of 
     2011.
       ``(iv) Availability.--Amounts in the Incentive Auction 
     Relocation Fund shall be available to the NTIA for use--

       ``(I) without fiscal year limitation;
       ``(II) for a period not to exceed 18 months following the 
     later of--

       ``(aa) the completion of incentive auction from which such 
     amounts were derived; or
       ``(bb) the date on which the Commission issues all the new 
     channel assignments pursuant to any repacking required under 
     subparagraph (F)(ii); and

       ``(III) without further appropriation.

       ``(v) Use of funds.--Amounts in the Incentive Auction 
     Relocation Fund may only be used by the NTIA, in consultation 
     with the Commission, to cover--

       ``(I) the reasonable costs of licensees that are relocated 
     to a different spectrum channel or geographic location 
     following an incentive auction under subparagraph (F), or 
     that are impacted by such relocations, including to cover the 
     cost of new equipment, installation, and construction; and
       ``(II) the costs incurred by multichannel video programming 
     distributors for new equipment, installation, and 
     construction related to the carriage of such relocated 
     stations or the carriage of stations that voluntarily elect 
     to share a channel, but retain their existing rights to 
     carriage pursuant to sections 338, 614, and 615.''.

     SEC. 223. INCENTIVE AUCTIONS TO REPURPOSE CERTAIN MOBILE 
                   SATELLITE SERVICES SPECTRUM FOR TERRESTRIAL 
                   BROADBAND USE.

       (a) In General.--To the extent that the Commission makes 
     available spectrum licenses on some or all of the frequencies 
     between 2000 and 2020 MHz and 2180 and 2200 MHz for 
     terrestrial broadband use, such licenses shall be assigned 
     pursuant to the authority provided in section 309(j)(8) of 
     the Communications Act of 1934 (47 U.S.C. 309(j)(8)), 
     including, as appropriate, subparagraph (F) of such section.
       (b) Termination of Authority.--The authority granted under 
     subsection (a) shall terminate on September 30, 2021.

     SEC. 224. PERMANENT EXTENSION OF AUCTION AUTHORITY.

       Section 309(j)(11) of the Communications Act of 1934 (47 
     U.S.C. 309(j)(11) is repealed.

     SEC. 225. AUTHORITY TO AUCTION LICENSES FOR DOMESTIC 
                   SATELLITE SERVICES.

       Section 309(j) of the Communications Act of 1934 (47 U.S.C. 
     309(j)) is amended by adding the following:
       ``(17) Authority to auction licenses for domestic satellite 
     services.--
       ``(A) In general.--Notwithstanding any other provision of 
     law, the Commission shall use competitive bidding under this 
     subsection to assign any license, construction permit, 
     reservation, or similar authorization or modification 
     thereof, that may be used solely or predominantly for 
     domestic satellite communications services, including 
     satellite-based television or radio services. The Commission 
     may, however, use an alternative approach to assignment of 
     such licenses or similar authorities if it finds that such an 
     alternative to competitive bidding would serve the public 
     interest, convenience, and necessity.
       ``(B) Definition.--In this paragraph, the term 
     `predominantly for domestic satellite communications 
     services' means a service provided in which the majority of 
     customers that may be served are located within the 
     geographic boundaries of the United States.
       ``(C) Effective date and application.--This paragraph shall 
     take effect on the date of enactment of this paragraph and 
     shall apply to all Commission assignments or reservations of 
     spectrum for domestic satellite services, including, but not 
     limited to, all assignments or reservations for satellite-
     based television or radio services as of the effective 
     date.''.

     SEC. 226. AUCTION OF SPECTRUM.

       (a) Identification of Spectrum.--Not later than 1 year 
     after the date of enactment of this Act, the Assistant 
     Secretary shall identify and make available for immediate 
     reallocation or sharing with incumbent Government operations, 
     at a minimum, 15 megahertz of contiguous spectrum at 
     frequencies located between 1675 megahertz and 1710 
     megahertz, inclusive, minus the geographic exclusion zones, 
     or any amendment thereof, identified in NTIA's October 2010 
     report entitled ``An Assessment of Near-Term Viability of 
     Accommodating Wireless Broadband Systems in 1675-1710 MHz, 
     1755-1780 MHz, 3500-3650 MHz, and 4200-4220 MHz, 4380-4400 
     MHz Bands''.
       (b) Auction.--
       (1) In general.--Not later than January 31, 2016, the 
     Commission shall conduct the auctions of the following 
     licenses, by commencing the bidding for:
       (A) The spectrum between the frequencies of 1915 megahertz 
     and 1920 megahertz, inclusive.
       (B) The spectrum between the frequencies of 1995 megahertz 
     and 2000 megahertz, inclusive.
       (C) The spectrum between the frequencies of 2020 megahertz 
     and 2025 megahertz, inclusive.
       (D) The spectrum between the frequencies of 2155 megahertz 
     and 2175 megahertz, inclusive.
       (E) The spectrum between the frequencies of 2175 megahertz 
     and 2180 megahertz, inclusive.
       (F) Subject to paragraph (2), 25 megahertz of spectrum 
     between the frequencies of 1755 megahertz, minus appropriate 
     geographic exclusion zones.
       (G) The spectrum identified pursuant to subsection (a).
       (2) Limitation.--The Commission may conduct the auctions of 
     the licenses described in paragraph (1) unless the President 
     determines that--
       (A)(i) such spectrum should not be reallocated due to the 
     need to protect incumbent Federal operations; or
       (ii) reallocation must be delayed or progressed in phases 
     to ensure protection or continuity of Federal operations; and
       (B) allocation of other spectrum--
       (i) better serves the public interest, convenience, and 
     necessity; and
       (ii) can reasonably be expected to produce receipts 
     comparable to auction of spectrum frequencies identified in 
     this paragraph.
       (c) Auction Organization.--The Commission may, if 
     technically feasible and consistent with the public interest, 
     combine the spectrum identified in paragraphs (4), (5), and 
     the portion of paragraph (6) between the frequencies of 1755 
     megahertz and 1780 megahertz, inclusive, of subsection (b) in 
     an auction of licenses for paired spectrum blocks.
       (d) Further Reallocation of Certain Other Spectrum.--
       (1) Covered spectrum.--For purposes of this subsection, the 
     term ``covered spectrum'' means the portion of the 
     electromagnetic spectrum between the frequencies of 3550 to 
     3650 megahertz, inclusive, minus the geographic exclusion 
     zones, or any amendment thereof, identified in NTIA's October 
     2010 report entitled ``An Assessment of Near-Term Viability 
     of Accommodating Wireless Broadband Systems in 1675-1710 MHz, 
     1755-1780 MHz, 3550-3650 MHz, and 4200-4220 MHz, 4380-4400 
     MHz Bands''.
       (2) In general.--Consistent with requirements of section 
     309(j) of the Communications Act of 1934, the Commission 
     shall reallocate covered spectrum for assignment by 
     competitive bidding unless the President of the United States 
     determines that--
       (A) such spectrum cannot be reallocated due to the need to 
     protect incumbent Federal systems from interference; or
       (B) allocation of other spectrum--
       (i) better serves the public interest, convenience, and 
     necessity; and
       (ii) can reasonably be expected to produce receipts 
     comparable to what the covered spectrum might auction for 
     without the geographic exclusion zones.
       (3) Actions required if covered spectrum cannot be 
     reallocated.--
       (A) In general.--If the President makes a determination 
     under paragraph (2) that the covered spectrum cannot be 
     reallocated, then the President shall, within 1 year after 
     the date of such determination--
       (i) identify alternative bands of frequencies totaling more 
     than 20 megahertz and no more than 100 megahertz of spectrum 
     used primarily by Federal agencies that satisfy the 
     requirements of clauses (i) and (ii) of paragraph (2)(B);
       (ii) report to the President and appropriate committees of 
     Congress and the Commission an identification of such 
     alternative spectrum for assignment by competitive bidding; 
     and
       (iii) make such alternative spectrum for assignment 
     immediately available for reallocation.
       (B) Auction.--If the President makes a determination under 
     paragraph (2) that the covered spectrum cannot be 
     reallocated, the Commission shall commence the bidding of the 
     alternative spectrum identified pursuant to subparagraph (A) 
     within 3 years of the date of enactment of this Act.
       (4) Actions required if covered spectrum can be 
     reallocated.--If the President does not make a determination 
     under paragraph

[[Page S4878]]

     (1) that the covered spectrum cannot be reallocated, the 
     Commission shall commence the competitive bidding for the 
     covered spectrum within 3 years of the date of enactment of 
     this Act.
       (e) Amendments to Design Requirements Related to 
     Competitive Bidding.--Section 309(j) of the Communications 
     Act of 1934 (47 U.S.C. 309(j)) is amended--
       (1) in paragraph (3)--
       (A) in subparagraph (E)(ii), by striking ``; and'' and 
     inserting a semicolon; and
       (B) in subparagraph (F), by striking the period at the end 
     and inserting a semicolon; and
       (2) by amending clause (i) of the second sentence of 
     paragraph (8)(C) to read as follows:
       ``(i) the deposits--

       ``(I) of successful bidders of any auction conducted 
     pursuant to subparagraph (F) or to section 226 of the Budget 
     Control Act of 2011 shall be paid to the Public Safety Trust 
     Fund established under section 243 of the Budget Control Act 
     of 2011; and
       ``(II) of successful bidders of any other auction shall be 
     paid to the Treasury;''.

     SEC. 227. REPORT TO CONGRESS ON IMPROVING SPECTRUM 
                   MANAGEMENT.

       Not later than 90 days after the date of enactment of this 
     part, the NTIA shall submit to the appropriate committees of 
     Congress a report on the status of the NTIA's plan to 
     implement the recommendations contained in the ``President's 
     Memorandum on Improving Spectrum Management for the 21st 
     Century'', 49 Weekly Comp. Pres. Doc. 2875, Nov. 29, 2004.

                PART II--PUBLIC SAFETY BROADBAND NETWORK

     SEC. 241. REALLOCATION OF D BLOCK FOR PUBLIC SAFETY.

       (a) In General.--The Commission shall reallocate the 700 
     MHz D block spectrum for use by public safety entities in 
     accordance with the provisions of this Act.
       (b) Spectrum Allocation.--Section 337(a) of the 
     Communications Act of 1934 (47 U.S.C. 337(a)) is amended--
       (1) by striking ``24'' in paragraph (1) and inserting 
     ``34''; and
       (2) by striking ``36'' in paragraph (2) and inserting 
     ``26''.

     SEC. 242. FLEXIBLE USE OF NARROWBAND SPECTRUM.

       The Commission may allow the narrowband spectrum to be used 
     in a flexible manner, including usage for public safety 
     broadband communications, subject to such technical and 
     interference protection measures as the Commission may 
     require and subject to interoperability requirements of the 
     Commission and the Corporation (to be established in 
     subsequent legislation, to provide governance of the network, 
     development of standards to promote system-wide 
     interoperability and security, and implementation grants, 
     where necessary, to state, local and Tribal entities).

     SEC. 243. PUBLIC SAFETY TRUST FUND.

       (a) Establishment of Public Safety Trust Fund.--
       (1) In general.--There is established in the Treasury of 
     the United States a trust fund to be known as the ``Public 
     Safety Trust Fund''.
       (2) Crediting of receipts.--
       (A) In general.--There shall be deposited into or credited 
     to the Public Safety Trust Fund the proceeds from the auction 
     of spectrum carried out pursuant to--
       (i) section 102 of this Act; and
       (ii) section 309(j)(8)(F) of the Communications Act of 
     1934, as added by section 102 of this Act.
       (B) Availability.--Amounts deposited into or credited to 
     the Public Safety Trust Fund in accordance with subparagraph 
     (A) shall remain available until the end of fiscal year 2017. 
     Upon the expiration of the period described in the prior 
     sentence such amounts shall be deposited in the General Fund 
     of the Treasury, where such amounts shall be dedicated for 
     the sole purpose of deficit reduction.
       (b) Appropriation.--There is hereby appropriated from the 
     Public Safety Trust Fund to the Secretary of Commerce 
     $7,000,000,000, to remain available through fiscal year 2017, 
     for the establishment of a national network to support secure 
     and interoperable public-safety broadband communications: 
     Provided, That the Secretary may make shall make these 
     amounts available to a Public Safety Broadband Corporation, 
     to be established in a subsequent statute, to support the 
     Corporation's activities in providing governance of such 
     network; in developing standards to promote systemwide 
     interoperability and security of such network; in entering 
     into contracts with the National Institute of Standards and 
     Technology (NIST), for NIST to provide services to the 
     Corporation; and in making grants, as necessary, to State, 
     local, and tribal entities for their activities in support of 
     such network: Provided further, That the Secretary shall make 
     these amounts available to such Corporation after submission 
     of a spend plan by the Corporation and approval by the 
     Secretary of Commerce, in consultation with the Secretary of 
     Homeland Security, Director of the Office of Management and 
     Budget, and Attorney General of the United States.

     SEC. 244. PUBLIC SAFETY RESEARCH AND DEVELOPMENT.

       After approval by the Office of Management and Budget of a 
     spend plan developed by the Director of NIST, up to 
     $300,000,000 for fiscal year 2012 shall be made available for 
     use by the Director of NIST to carry out a research program 
     on public safety wireless communications. If less than 
     $300,000,000 is approved by the Office of Management and 
     Budget, the remainder shall be transferred to the Public 
     Safety Broadband Corporation, to be established in subsequent 
     statute, and be available to support the Corporation's 
     activities in providing governance of a national network to 
     support secure and interoperable public-safety broadband 
     communications; in developing standards to promote systemwide 
     interoperability and security of such network; and in making 
     grants, as necessary, to State, local, and tribal entities 
     for their activities in support of such network.

     SEC. 245. INCENTIVE AUCTION RELOCATION FUND.

       Not more than $1,000,000,000 shall be deposited in the 
     Incentive Auction Relocation Fund established under section 
     309(j)(8)(G) of the Communications Act of 1934.

     SEC. 246. FEDERAL INFRASTRUCTURE SHARING.

       (a) In General.--The Administrator of General Services 
     shall establish rules to allow public safety entities 
     licensed or otherwise permitted to use spectrum allocated to 
     the Public Safety Broadband Corporation and other non-Federal 
     users of spectrum to have access to those components of 
     Federal infrastructure appropriate for the construction and 
     maintenance of the nationwide public safety interoperable 
     broadband network to be established under this part or 
     operation of a commercial or other non-Federal wireless 
     networks.
       (b) Required Payment.--Rules established by the 
     Administrator shall require payments from public safety 
     entities or other non-Federal users to cover at least the 
     full incremental costs of using Federal infrastructure.
       (c) Payment Above Full Incremental Cost.--The Administrator 
     may adopt rules to charge more than the full incremental cost 
     of using the Federal infrastructure if demand for use of a 
     component of Federal infrastructure by non-Federal entities 
     is greater than can be accommodated, as determined by the 
     Administrator. However, the rules established by the 
     Administrator shall prioritize use by Federal agencies over 
     public safety entities and prioritize use by public safety 
     entities over commercial or other non-Federal entities.
       (d) Use of Funds.--Remuneration received for use of Federal 
     infrastructure is available to the Administrator without 
     further appropriation to pay for the full incremental costs 
     of using the infrastructure. Any amounts received above the 
     full incremental cost shall be deposited in the general fund 
     of the Treasury.

     SEC. 247. FCC REPORT ON EFFICIENT USE OF PUBLIC SAFETY 
                   SPECTRUM.

       (a) In General.--Not later than 180 days after the date of 
     enactment of this Act and every 2 years thereafter, the 
     Commission shall, in consultation with the Assistant 
     Secretary and the Director of NIST, conduct a study and 
     submit to the appropriate committees of Congress a report on 
     the spectrum allocated for public safety use.
       (b) Contents.--The report required by subsection (a) shall 
     include--
       (1) an examination of how such spectrum is being used;
       (2) recommendations on how such spectrum may be used more 
     efficiently;
       (3) an assessment of the feasibility of public safety 
     entities relocating from other bands to the public safety 
     broadband spectrum; and
       (4) an assessment of whether any spectrum made available by 
     the relocation described in paragraph (3) could be returned 
     to the Commission for reassignment through auction, including 
     through use of incentive auction authority under subparagraph 
     (G) of section 309(j)(8) of the Communications Act of 1934 
     (47 U.S.C. 309(j)(8)), as added by section 222.

    Subtitle B--Federal Pell Grant and Student Loan Program Changes

     SEC. 251. FEDERAL PELL GRANT AND STUDENT LOAN PROGRAM 
                   CHANGES.

       (a) 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 ``$13,683,000,000''; and
       (2) in subclause (III), by striking ``$0'' and inserting 
     ``$7,500,000,000''.
       (b) 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:
       ``(3) Termination of authority to make interest subsidized 
     loans to graduate and professional students.--Notwithstanding 
     any provision of this part or part B, for any period of 
     instruction beginning on or after July 1, 2012--
       ``(A) a graduate or professional student shall not be 
     eligible to receive a subsidized Federal Direct Stafford Loan 
     under this part;
       ``(B) 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 Subsidized Loans the student 
     would have received in the absence of this paragraph; and

[[Page S4879]]

       ``(C) the maximum aggregate amount of Federal Direct 
     Unsubsidized Stafford Loans such a student may borrow shall 
     be the maximum aggregate amount for such student determined 
     under section 428H, adjusted to reflect the increased annual 
     limits described in subparagraph (B), as prescribed by the 
     Secretary by regulation.''.
       (c) 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 section, or to any 
     regulations promulgated under those amendments.

                       Subtitle C--Farm Programs

     SEC. 261. DEFINITION OF PAYMENT ACRES.

       (a) In General.--Section 1001(11) of the Food, 
     Conservation, and Energy Act of 2008 (7 U.S.C. 8702(11)) is 
     amended--
       (1) in subparagraph (A)--
       (A) by striking ``subparagraph (B)'' and inserting 
     ``subparagraphs (B) and (C)''; and
       (B) by striking ``and'' at the end;
       (2) in subparagraph (B), by striking the period at the end 
     and inserting ``; and''; and
       (3) by adding at the end the following:
       ``(C) in the case of direct payments for the 2012 crop 
     year, 59 percent of the base acres for the covered commodity 
     on a farm on which direct payments are made.''.
       (b) Payment Acres for Peanuts.--Section 1301(5) of the 
     Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8751(5)) 
     is amended--
       (1) in subparagraph (A)--
       (A) by striking ``subparagraph (B)'' and inserting 
     ``subparagraphs (B) and (C)''; and
       (B) by striking ``and'' at the end;
       (2) in subparagraph (B), by striking the period at the end 
     and inserting ``; and''; and
       (3) by adding at the end the following:
       ``(C) in the case of direct payments for the 2012 crop 
     year, 59 percent of the base acres for peanuts on a farm on 
     which direct payments are made.''.

         TITLE III--JOINT SELECT COMMITTEE ON DEFICIT REDUCTION

     SEC. 301. 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 302(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 to 3 percent or less of GDP.
       (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 and may include recommendations and legislative 
     language on tax reform.
       (ii) Consideration of other bipartisan plans.--As a part of 
     developing the joint committee's recommendations and 
     legislation, the joint committee shall consider existing 
     bipartisan plans to reduce the deficit, including plans 
     developed jointly by Senators or Members of the House.
       (iii) Recommendations of house and senate committees.--Not 
     later than October 14, 2011, each committee of the House and 
     Senate may transmit to the joint committee its 
     recommendations for changes in law to reduce the deficit 
     consistent with the goals 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 CBO and the Joint Committee on Taxation 
     estimate required by paragraph (5)(D)(ii); and
       (II) proposed legislative language to carry out such 
     recommendations as described in subclause (I).

       (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 not fewer than 7 of the 12 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, and the Majority and Minority Leaders of both Houses.
       (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 appointment 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 3 
     members from among Members of the Senate.
       (ii) The minority leader of the Senate shall appoint 3 
     members from among Members of the Senate.
       (iii) The Speaker of the House of Representatives shall 
     appoint 3 members from among Members of the House of 
     Representatives.
       (iv) The minority leader of the House of Representatives 
     shall appoint 3 members from among Members of the House of 
     Representatives.
       (C) Co-chairs.--
       (i) In general.--There shall be 2 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 section.
       (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 section.
       (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 
     appointment. If a member of the committee leaves Congress, 
     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 
     Senate rules and regulations.
       (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 
     as authorized by section 11 of Public Law 79-304 (15 U.S.C. 
     1024(d)).
       (C) Quorum.--7 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) CBO and joint committee on taxation estimates.--CBO 
     and Joint Committee on Taxation shall provide estimates of 
     the legislation (as described in paragraph (3)(B)) in 
     accordance with sections 201(f) and 308(a) of the 
     Congressional Budget Act of 1974 (2 U.S.C. 601(f) and 
     639(a)), including estimates of the effect on interest 
     payments on the debt. In addition CBO shall provide 
     information on the budgetary effect of the legislation beyond 
     fiscal year 2021. The joint committee may not vote on any 
     version of the report, recommendations, or legislative 
     language unless an estimate described in ths clause is 
     available for consideration by all the members 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 section, the joint committee 
     shall hold its first meeting.
       (ii) Agenda.--The Co-Chairs 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 
     the joint committee considers advisable.
       (ii) Hearing procedures and responsibilities of co-
     chairs.--

       (I) Announcement.--The joint committee Co-Chairs 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

[[Page S4880]]

     at least 2 calendar days prior to appearance, unless the 
     requirement is waived by the Co-Chairs, following their 
     determination that there is good cause for failure of 
     compliance.

       (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 Senate employees 
     and following all applicable Senate rules and employment 
     requirements.
       (2) Ethical standards.--Members on the joint committee who 
     serve in the House of Representatives shall be governed by 
     the House ethics rules and requirements. Members of the 
     Senate who serve on the joint committee and staff of the 
     joint committee shall comply with Senate ethics rules.
       (d) Termination.--The joint committee shall terminate on 
     January 13, 2012.

     SEC. 302. EXPEDITED CONSIDERATION OF JOINT COMMITTEE 
                   RECOMMENDATIONS.

       (a) Introduction.--If approved by the majority required by 
     section 301(b)(3)(B)(ii), the proposed legislative language 
     submitted pursuant to section 301(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 
     201(b)(3)(B)(i) by November 23, 2011; or
       (2) the joint committee bill does not pass both Houses by 
     December 23, 2011.

     SEC. 303. FUNDING.

       Funding for the joint committee shall be derived from the 
     applicable account of the House of Representatives, and the 
     contingent fund of the Senate from the appropriations account 
     ``Miscellaneous Items,'' subject to Senate rules and 
     regulations.

     SEC. 304. 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 IV--PUBLIC DEBT

     SEC. 401. PUBLIC DEBT.

       Subsection (b) of section 3101 of title 31, United States 
     Code, is amended by striking

[[Page S4881]]

     the dollar limitation contained in that subsection and 
     inserting ``$16,994,000,000,000''.
                                 ______
                                 
  SA 582. Mr. REID proposed an amendment to amendment SA 581 proposed 
by Mr. Reid to the bill S. 1323, to express the sense of the Senate on 
shared sacrifice in resolving the budget deficit; as follows:

       At the end, add the following new section:

     SECTION XXX. EFFECTIVE DATE.

       The provisions of this Act shall become effective 1 day 
     after enactment.
                                 ______
                                 
  SA 583. Mr. REID proposed an amendment to the bill S. 1323, to 
express the sense of the Senate on shared sacrifice in resolving the 
budget deficit; as follows:

       At the end, add the following new section:

     SECTION EFFECTIVE DATE.

       The provisions of this Act shall become effective 3 days 
     after enactment.
                                 ______
                                 
  SA 584. Mr. REID submitted an amendment intended to be proposed to 
amendment SA 583 proposed by Mr. Reid to the bill S. 1323, to express 
the sense of the Senate on shared sacrifice in resolving the budget 
deficit; as follows:

       In the amendment, strike ``3 days'' and insert ``2 days''.
                                 ______
                                 
  SA 585. Mr. REID proposed an amendment to amendment SA. 584 submitted 
by Mr. Reid to the amendment SA 583 proposed by Mr. Reid to the bill S. 
1323, to express the sense of the Senate on shared sacrifice in 
resolving the budget deficit; as follows:

       In the amendment, strike ``2 days'' and insert ``1 day''.

                          ____________________