budget control act amendment - debt ceiling bill
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TEXT OF BUDGET CONTROLACTAMENDMENT
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.1
(a) SHORT TITLE.This Act may be cited as the2
Budget Control Act of 2011.3
(b) T ABLE OF CONTENTS.The table of contents for4
this Act is as follows:5Sec. 1. Short title; table of contents.
Sec. 2. Severability.
TITLE ITEN-YEAR DISCRETIONARY CAPS WITH SEQUESTER
Sec. 101. Enforcing discretionary spending limits.
Sec. 102. Definitions.
Sec. 103. Reports and orders.
Sec. 104. Expiration.
Sec. 105. Amendments to the Congressional Budget and Impoundment Control
Act of 1974.
Sec. 106. Senate budget enforcement.
TITLE IIVOTE ON THE BALANCED BUDGET AMENDMENT
Sec. 201. Vote on the balanced budget amendment.
Sec. 202. Consideration by the other House.
TITLE IIIDEBT CEILING DISAPPROVAL PROCESS
Sec. 301. Debt ceiling disapproval process.
Sec. 302. Enforcement of budget goal.
TITLE IVJOINT SELECT COMMITTEE ON DEFICIT REDUCTION
Sec. 401. Establishment of Joint Select Committee.
Sec. 402. Expedited consideration of joint committee recommendations.
Sec. 403. Funding.
Sec. 404. Rulemaking.
TITLE VPELL GRANT AND STUDENT LOAN PROGRAM CHANGES
Sec. 501. Federal Pell grants.
Sec. 502. Termination of authority to make interest subsidized loans to grad-
uate and professional students.
Sec. 503. Termination of direct loan repayment incentives.
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Sec. 504. Inapplicability of title IV negotiated rulemaking and master calendar
exception.
SEC. 2. SEVERABILITY.1
If any provision of this Act, or any application of such2
provision to any person or circumstance, is held to be un-3
constitutional, the remainder of this Act and the applica-4
tion of this Act to any other person or circumstance shall5
not be affected.6
TITLE ITEN-YEAR DISCRE-7
TIONARY CAPS WITH SEQUES-8
TER9
SEC. 101. ENFORCING DISCRETIONARY SPENDING LIMITS.10
Section 251 of the Balanced Budget and Emergency11
Deficit Control Act of 1985 is amended to read as follows:12
SEC. 251. ENFORCING DISCRETIONARY SPENDING LIMITS.13
(a) ENFORCEMENT.14(1) SEQUESTRATION.Within 15 calendar15
days after Congress adjourns to end a session there16
shall be a sequestration to eliminate a budget-year17
breach, if any, within any category.18
(2) ELIMINATING A BREACH.Each non-ex-19
empt account within a category shall be reduced by20
a dollar amount calculated by multiplying the en-21
acted level of sequestrable budgetary resources in22
that account at that time by the uniform percentage23
necessary to eliminate a breach within that category.24
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(3) MILITARY PERSONNEL.If the President1
uses the authority to exempt any personnel account2
from sequestration under section 255(f), each ac-3
count within subfunctional category 051 (other than4
those military personnel accounts for which the au-5
thority provided under section 255(f) has been exer-6
cised) shall be further reduced by a dollar amount7
calculated by multiplying the enacted level of non-ex-8
empt budgetary resources in that account at that9
time by the uniform percentage necessary to offset10
the total dollar amount by which outlays are not re-11
duced in military personnel accounts by reason of12
the use of such authority.13
(4) PART- YEAR APPROPRIATIONS.If, on the14
date specified in paragraph (1), there is in effect an15
Act making or continuing appropriations for part of16
a fiscal year for any budget account, then the dollar17
sequestration calculated for that account under18
paragraphs (2) and (3) shall be subtracted from19
(A) the annualized amount otherwise20
available by law in that account under that or21
a subsequent part-year appropriation; and22
(B) when a full-year appropriation for23
that account is enacted, from the amount other-24
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wise provided by the full-year appropriation for1
that account.2
(5) LOOK-BACK.If, after June 30, an appro-3
priation for the fiscal year in progress is enacted4
that causes a breach within a category for that year5
(after taking into account any sequestration of6
amounts within that category), the discretionary7
spending limits for that category for the next fiscal8
year shall be reduced by the amount or amounts of9
that breach.10
(6) WITHIN-SESSION SEQUESTRATION.If an11
appropriation for a fiscal year in progress is enacted12
(after Congress adjourns to end the session for that13
budget year and before July 1 of that fiscal year)14
that causes a breach within a category for that year15
(after taking into account any prior sequestration of16
amounts within that category), 15 days later there17
shall be a sequestration to eliminate that breach18
within that category following the procedures set19
forth in paragraphs (2) through (4).20
(7) ESTIMATES.21
(A) CBO ESTIMATES.As soon as prac-22
ticable after Congress completes action on any23
discretionary appropriation, CBO, after con-24
sultation with the Committees on the Budget of25
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the House of Representatives and the Senate,1
shall provide OMB with an estimate of the2
amount of discretionary new budget authority3
and outlays for the current year, if any, and the4
budget year provided by that legislation.5
(B) OMB ESTIMATES AND EXPLANATION6
OF DIFFERENCES.Not later than 7 calendar7
days (excluding Saturdays, Sundays, and legal8
holidays) after the date of enactment of any9
discretionary appropriation, OMB shall trans-10
mit a report to the House of Representatives11
and to the Senate containing the CBO estimate12
of that legislation, an OMB estimate of the13
amount of discretionary new budget authority14
and outlays for the current year, if any, and the15
budget year provided by that legislation, and an16
explanation of any difference between the 2 es-17
timates. If during the preparation of the report18
OMB determines that there is a significant dif-19
ference between OMB and CBO, OMB shall20
consult with the Committees on the Budget of21
the House of Representatives and the Senate22
regarding that difference and that consultation23
shall include, to the extent practicable, written24
communication to those committees that affords25
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such committees the opportunity to comment1
before the issuance of the report.2
(C) ASSUMPTIONS AND GUIDELINES.3
OMB estimates under this paragraph shall be4
made using current economic and technical as-5
sumptions. OMB shall use the OMB estimates6
transmitted to the Congress under this para-7
graph. OMB and CBO shall prepare estimates8
under this paragraph in conformance with9
scorekeeping guidelines determined after con-10
sultation among the Committees on the Budget11
of the House of Representatives and the Sen-12
ate, CBO, and OMB.13
(D) ANNUAL APPROPRIATIONS.For14
purposes of this paragraph, amounts provided15
by annual appropriations shall include any dis-16
cretionary appropriations for the current year,17
if any, and the budget year in accounts for18
which funding is provided in that legislation19
that result from previously enacted legislation.20
(b) ADJUSTMENTS TO DISCRETIONARY SPENDING21
LIMITS.22
(1) CONCEPTS AND DEFINITIONS.When the23
President submits the budget under section 1105 of24
title 31, United States Code, OMB shall calculate25
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and the budget shall include adjustments to discre-1
tionary spending limits (and those limits as cumula-2
tively adjusted) for the budget year and each out-3
year to reflect changes in concepts and definitions.4
Such changes shall equal the baseline levels of new5
budget authority and outlays using up-to-date con-6
cepts and definitions, minus those levels using the7
concepts and definitions in effect before such8
changes. Such changes may only be made after con-9
sultation with the Committees on Appropriations10
and the Budget of the House of Representatives and11
the Senate, and that consultation shall include writ-12
ten communication to such committees that affords13
such committees the opportunity to comment before14
official action is taken with respect to such changes.15
(2) SEQUESTRATION REPORTS.When OMB16
submits a sequestration report under section 254(e),17
(f), or (g) for a fiscal year, OMB shall calculate, and18
the sequestration report and subsequent budgets19
submitted by the President under section 1105(a) of20
title 31, United States Code, shall include adjust-21
ments to discretionary spending limits (and those22
limits as adjusted) for the fiscal year and each suc-23
ceeding year, as follows:24
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(A) EMERGENCY APPROPRIATIONS; OVER-1
SEAS CONTINGENCY OPERATIONS/GLOBAL WAR2
ON TERRORISM.If, for any fiscal year, appro-3
priations for discretionary accounts are enacted4
that5
(i) the Congress designates as emer-6
gency requirements in statute on an ac-7
count by account basis and the President8
subsequently so designates, or9
(ii) the Congress designates for10
Overseas Contingency Operations/Global11
War on Terrorism in statute on an account12
by account basis and the President subse-13
quently so designates,14
the adjustment shall be the total of such appro-15
priations in discretionary accounts designated16
as emergency requirements or for Overseas17
Contingency Operations/Global War on Ter-18
rorism, as applicable.19
(B) CONTINUING DISABILITY REVIEWS20
AND REDETERMINATIONS.(i) If a bill or joint21
resolution making appropriations for a fiscal22
year is enacted that specifies an amount for23
continuing disability reviews under titles II and24
XVI of the Social Security Act and for the cost25
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associated with conducting redeterminations of1
eligibility under title XVI of the Social Security2
Act, then the adjustments for that fiscal year3
shall be the additional new budget authority4
provided in that Act for such expenses for that5
fiscal year, but shall not exceed6
(I) for fiscal year 2012,7
$623,000,000 in additional new budget au-8
thority;9
(II) for fiscal year 2013,10
$751,000,000 in additional new budget au-11
thority;12
(III) for fiscal year 2014,13
$924,000,000 in additional new budget au-14
thority;15
(IV) for fiscal year 2015,16
$1,123,000,000 in additional new budget17
authority;18
(V) for fiscal year 2016,19
$1,166,000,000 in additional new budget20
authority;21
(VI) for fiscal year 2017,22
$1,309,000,000 in additional new budget23
authority;24
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(VII) for fiscal year 2018,1
$1,309,000,000 in additional new budget2
authority;3
(VIII) for fiscal year 2019,4
$1,309,000,000 in additional new budget5
authority;6
(IX) for fiscal year 2020,7
$1,309,000,000 in additional new budget8
authority; and9
(X) for fiscal year 2021,10
$1,309,000,000 in additional new budget11
authority.12
(ii) As used in this subparagraph13
(I) the term continuing disability re-14
views means continuing disability reviews15
under sections 221(i) and 1614(a)(4) of16
the Social Security Act;17
(II) the term redetermination18
means redetermination of eligibility under19
sections 1611(c)(1) and 1614(a)(3)(H) of20
the Social Security Act; and21
(III) the term additional new budget22
authority means the amount provided for23
a fiscal year, in excess of $273,000,000, in24
an appropriation Act and specified to pay25
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for the costs of continuing disability re-1
views and redeterminations under the2
heading Limitation on Administrative Ex-3
penses for the Social Security Administra-4
tion.5
(C) HEALTH CARE FRAUD AND ABUSE6
CONTROL.(i) If a bill or joint resolution mak-7
ing appropriations for a fiscal year is enacted8
that specifies an amount for the health care9
fraud abuse control program at the Department10
of Health and Human Services (7583930711
571), then the adjustments for that fiscal year12
shall be the amount of additional new budget13
authority provided in that Act for such program14
for that fiscal year, but shall not exceed15
(I) for fiscal year 2012,16
$270,000,000 in additional new budget au-17
thority;18
(II) for fiscal year 2013,19
$299,000,000 in additional new budget au-20
thority;21
(III) for fiscal year 2014,22
$329,000,000 in additional new budget au-23
thority;24
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(IV) for fiscal year 2015,1
$361,000,000 in additional new budget au-2
thority;3
(V) for fiscal year 2016,4
$395,000,000 in additional new budget au-5
thority;6
(VI) for fiscal year 2017,7
$414,000,000 in additional new budget au-8
thority;9
(VII) for fiscal year 2018,10
$434,000,000 in additional new budget au-11
thority;12
(VIII) for fiscal year 2019,13
$454,000,000 in additional new budget au-14
thority;15
(IX) for fiscal year 2020,16
$475,000,000 in additional new budget au-17
thority; and18
(X) for fiscal year 2021,19
$496,000,000 in additional new budget au-20
thority.21
(ii) As used in this subparagraph, the22
term additional new budget authority means23
the amount provided for a fiscal year, in excess24
of $311,000,000, in an appropriation Act and25
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specified to pay for the costs of the health care1
fraud and abuse control program.2
(D) DISASTER FUNDING.3
(i) If, for fiscal years 2012 through4
2021, appropriations for discretionary ac-5
counts are enacted that Congress des-6
ignates as being for disaster relief in stat-7
ute, the adjustment for a fiscal year shall8
be the total of such appropriations for the9
fiscal year in discretionary accounts des-10
ignated as being for disaster relief, but not11
to exceed the total of12
(I) the average funding provided13
for disaster relief over the previous 1014
years, excluding the highest and low-15
est years; and16
(II) the amount, for years when17
the enacted new discretionary budget18
authority designated as being for dis-19
aster relief for the preceding fiscal20
year was less than the average as cal-21
culated in subclause (I) for that fiscal22
year, that is the difference between23
the enacted amount and the allowable24
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adjustment as calculated in such sub-1
clause for that fiscal year.2
(ii) OMB shall report to the Com-3
mittees on Appropriations and Budget in4
each House the average calculated pursu-5
ant to clause (i)(II), not later than 30 days6
after the date of the enactment of the7
Budget Control Act of 2011.8
(iii) For the purposes of this sub-9
paragraph, the term disaster relief means10
activities carried out pursuant to a deter-11
mination under section 102(2) of the Rob-12
ert T. Stafford Disaster Relief and Emer-13
gency Assistance Act (42 U.S.C. 5122(2)).14
(iv) Appropriations considered dis-15
aster relief under this subparagraph in a16
fiscal year shall not be eligible for adjust-17
ments under subparagraph (A) for the fis-18
cal year.19
(c) DISCRETIONARY SPENDING LIMIT.As used in20
this part, the term discretionary spending limit means21
(1) with respect to fiscal year 201222
(A) for the security category,23
$684,000,000,000 in new budget authority; and24
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(B) for the nonsecurity category,1
$359,000,000,000 in new budget authority;2
(2) with respect to fiscal year 20133
(A) for the security category,4
$686,000,000,000 in new budget authority; and5
(B) for the nonsecurity category,6
$361,000,000,000 in new budget authority;7
(3) with respect to fiscal year 2014, for the8
discretionary category, $1,066,000,000,000 in new9
budget authority;10
(4) with respect to fiscal year 2015, for the11
discretionary category, $1,086,000,000,000 in new12
budget authority;13
(5) with respect to fiscal year 2016, for the14
discretionary category, $1,107,000,000,000 in new15
budget authority;16
(6) with respect to fiscal year 2017, for the17
discretionary category, $1,131,000,000,000 in new18
budget authority;19
(7) with respect to fiscal year 2018, for the20
discretionary category, $1,156,000,000,000 in new21
budget authority;22
(8) with respect to fiscal year 2019, for the23
discretionary category, $1,182,000,000,000 in new24
budget authority;25
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(9) with respect to fiscal year 2020, for the1
discretionary category, $1,208,000,000,000 in new2
budget authority; and3
(10) with respect to fiscal year 2021, for the4
discretionary category, $1,234,000,000,000 in new5
budget authority;6
as adjusted in strict conformance with subsection (b)..7
SEC. 102. DEFINITIONS.8
Section 250(c) of the Balanced Budget and Emer-9
gency Deficit Control Act of 1985 is amended as follows:10
(1) Strike paragraph (4) and insert the fol-11
lowing new paragraph:12
(4)(A) The term nonsecurity category means13
all discretionary appropriations not included in the14
security category defined in subparagraph (B).15
(B) The term security category includes dis-16
cretionary appropriations associated with agency17
budgets for the Department of Defense, the Depart-18
ment of Homeland Security, the Department of Vet-19
erans Affairs, the National Nuclear Security Admin-20
istration, the intelligence community management21
account (95040101054), and all budget ac-22
counts in budget function 150 (international af-23
fairs).24
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(C) The term discretionary category includes1
all discretionary appropriations..2
(2) In paragraph (8)(C), strike the food stamp3
program and insert the Supplemental Nutrition4
Assistance Program.5
(3) Strike paragraph (14) and insert the fol-6
lowing new paragraph:7
(14) The term outyear means a fiscal year8
one or more years after the budget year..9
(4) At the end, add the following new para-10
graphs:11
(20) The term emergency means a situation12
that13
(A) requires new budget authority and14
outlays (or new budget authority and the out-15
lays flowing therefrom) for the prevention or16
mitigation of, or response to, loss of life or17
property, or a threat to national security; and18
(B) is unanticipated.19
(21) The term unanticipated means that the20
underlying situation is21
(A) sudden, which means quickly coming22
into being or not building up over time;23
(B) urgent, which means a pressing and24
compelling need requiring immediate action;25
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(C) unforeseen, which means not pre-1
dicted or anticipated as an emerging need; and2
(D) temporary, which means not of a per-3
manent duration..4
SEC. 103. REPORTS AND ORDERS.5
Section 254 of the Balanced Budget and Emergency6
Deficit Control Act of 1985 is amended as follows:7
(1) In subsection (c)(2), strike 2002 and in-8
sert 2021.9
(2) At the end of subsection (e), insert This10
report shall also contain a preview estimate of the11
adjustment for disaster funding for the upcoming12
fiscal year..13
(3) In subsection (f)(2)(A), strike 2002 and14
insert 2021; before the concluding period insert ,15
including a final estimate of the adjustment for dis-16
aster funding.17
SEC. 104. EXPIRATION.18
(a) REPEALER.Section 275 of the Balanced Budget19
and Emergency Deficit Control Act of 1985 is repealed.20
(b) CONFORMING CHANGE.Sections 252(d)(1),21
254(c), 254(f)(3), and 254(i) of the Balanced Budget and22
Emergency Deficit Control Act of 1985 shall not apply23
to the Congressional Budget Office.24
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SEC. 105. AMENDMENTS TO THE CONGRESSIONAL BUDGET1
AND IMPOUNDMENT CONTROL ACT OF 1974.2
(a) ADJUSTMENTS.Section 314 of the Congres-3
sional Budget Act of 1974 is amended as follows:4
(1) Strike subsection (a) and insert the fol-5
lowing:6
(a) ADJUSTMENTS.After the reporting of a bill or7
joint resolution or the offering of an amendment thereto8
or the submission of a conference report thereon, the9
chairman of the Committee on the Budget of the House10
of Representatives or the Senate may make appropriate11
budgetary adjustments of new budget authority and the12
outlays flowing therefrom in the same amount as required13
by section 251(b) of the Balanced Budget and Emergency14
Deficit Control Act of 1985..15
(2) Strike subsections (b) and (e) and redesig-16
nate subsections (c) and (d) as subsections (b) and17
(c), respectively.18
(3) At the end, add the following new sub-19
sections:20
(d) EMERGENCIES IN THE HOUSE OF REPRESENTA-21
TIVES. (1) In the House of Representatives, if a re-22
ported bill or joint resolution, or amendment thereto or23
conference report thereon, contains a provision providing24
new budget authority and outlays or reducing revenue,25
and a designation of such provision as an emergency re-26
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able shall be in order at any point in the reading of the1
pending measure.2
(e) ENFORCEMENT OF DISCRETIONARY SPENDING3
CAPS.It shall not be in order in the House of Represent-4
atives or the Senate to consider any bill, joint resolution,5
amendment, motion, or conference report that would cause6
the discretionary spending limits as set forth in section7
251 of the Balanced Budget and Emergency Deficit Con-8
trol Act to be exceeded..9
(b) DEFINITIONS.Section 3 of the Congressional10
Budget and Impoundment Control Act of 1974 is amend-11
ed by adding at the end the following new paragraph:12
(11) The terms emergency and unantici-13
pated have the meanings given to such terms in sec-14
tion 250(c) of the Balanced Budget and Emergency15
Deficit Control Act of 1985..16
(c) APPEALS FOR DISCRETIONARY CAPS.Section17
904(c)(2) of the Congressional Budget Act of 1974 is18
amended by striking and 312(c) and inserting 312(c),19
and 314(e).20
SEC. 106. SENATE BUDGET ENFORCEMENT.21
(a) IN GENERAL.22
(1) For the purpose of enforcing the Congres-23
sional Budget Act of 1974 through April 15, 2012,24
including section 300 of that Act, and enforcing25
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budgetary points of order in prior concurrent resolu-1
tions on the budget, the allocations, aggregates, and2
levels set in subsection (b)(1) shall apply in the Sen-3
ate in the same manner as for a concurrent resolu-4
tion on the budget for fiscal year 2012 with appro-5
priate budgetary levels for fiscal years 2011 and6
2013 through 2021.7
(2) For the purpose of enforcing the Congres-8
sional Budget Act of 1974 after April 15, 2012, in-9
cluding section 300 of that Act, and enforcing budg-10
etary points of order in prior concurrent resolutions11
on the budget, the allocations, aggregates, and levels12
set in subsection (b)(2) shall apply in the Senate in13
the same manner as for a concurrent resolution on14
the budget for fiscal year 2013 with appropriate15
budgetary levels for fiscal years 2012 and 201416
through 2022.17
(b) COMMITTEE ALLOCATIONS, AGGREGATES, AND18
LEVELS.19
(1) As soon as practicable after the date of en-20
actment of this section, the Chairman of the Com-21
mittee on the Budget shall file22
(A) for the Committee on Appropriations,23
committee allocations for fiscal years 2011 and24
2012 consistent with the discretionary spending25
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the Congressional Budget Offices March 20121
baseline for the purpose of enforcing section2
302 of the Congressional Budget Act of 1974;3
(C) aggregate spending levels for fiscal4
years 2012 and 2013 and aggregate revenue5
levels for fiscal years 2012, 2013, 20132017,6
and 20132022 consistent with the Congres-7
sional Budget Offices March 2012 baseline and8
the discretionary spending limits set forth in9
this Act for the purpose of enforcing section10
311 of the Congressional Budget Act of 1974;11
and12
(D) levels of Social Security revenues and13
outlays for fiscal years 2012 and 2013, 201314
2017, and 20132022 consistent with the Con-15
gressional Budget Offices March 2012 baseline16
budget for the purpose of enforcing sections17
302 and 311 of the Congressional Budget Act18
of 1974.19
(c) SENATE PAY-AS-YOU-GO SCORECARD.20
(1) Effective on the date of enactment of this21
section, for the purpose of enforcing section 201 of22
S. Con. Res. 21 (110th Congress), the Chairman of23
the Senate Committee on the Budget shall reduce24
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any balances of direct spending and revenues for any1
fiscal year to 0 (zero).2
(2) Not later than April 15, 2012, for the pur-3
pose of enforcing section 201 of S. Con. Res. 214
(110th Congress), the Chairman of the Senate Com-5
mittee on the Budget shall reduce any balances of6
direct spending and revenues for any fiscal year to7
0 (zero).8
(3) Upon resetting the Senate paygo scorecard9
pursuant to paragraph (2), the Chairman shall pub-10
lish a notification of such action in the Congres-11
sional Record.12
(d) FURTHERADJUSTMENTS.13
(1) The Chairman of the Committee on the14
Budget of the Senate may revise any allocations, ag-15
gregates, or levels set pursuant to this section to ac-16
count for any subsequent adjustments to discre-17
tionary spending limits made pursuant to this Act.18
(2) With respect to any allocations, aggregates,19
or levels set or adjustments made pursuant to this20
section, sections 412 through 414 of S. Con. Res. 1321
(111th Congress) shall remain in effect.22
(e) EXPIRATION.23
(1) Subections (a)(1), (b)(1), and (c)(1) shall24
expire if a concurrent resolution on the budget for25
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is in order and not debatable. An amendment to, or a mo-1
tion to postpone, or a motion to proceed to the consider-2
ation of other business, or a motion to recommit the joint3
resolution is not in order. Any debatable motion or appeal4
is debatable for not to exceed 1 hour, to be divided equally5
between those favoring and those opposing the motion or6
appeal. All time used for consideration of the joint resolu-7
tion, including time used for quorum calls and voting,8
shall be counted against the total 20 hours of consider-9
ation.10
(3) If the Senate has voted to proceed to a joint reso-11
lution, the vote on passage of the joint resolution shall12
be taken on or before the close of the seventh session day13
after such joint resolution has been reported or discharged14
or immediately following the conclusion of consideration15
of the joint resolution, and a single quorum call at the16
conclusion of the debate if requested in accordance with17
the rules of the Senate.18
TITLE IIIDEBT CEILING19
DISAPPROVAL PROCESS20
SEC. 301. DEBT CEILING DISAPPROVAL PROCESS.21
(a) IN GENERAL.Subchapter I of chapter 31 of22
subtitle III of title 31, United States Code, is amended23
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guage provided in subsection (b)(2). If the time1
for disapproval has lapsed without enactment of2
a joint resolution of disapproval under this sec-3
tion, the debt limit is increased by the amount4
authorized under subparagraph (A).5
(b) JOINT RESOLUTION OF DISAPPROVAL.6
(1) IN GENERAL.Except for the7
$400,000,000,000 increase in the debt limit pro-8
vided by subsection (a)(1)(A), the debt limit may not9
be raised under this section if, within 50 calendar10
days after the date on which Congress receives a11
certification described in subsection (a)(1) or within12
15 calendar days after Congress receives the certifi-13
cation described in subsection (a)(2) (regardless of14
whether Congress is in session), there is enacted into15
law a joint resolution disapproving the Presidents16
exercise of authority with respect to such additional17
amount.18
(2) CONTENTS OF JOINT RESOLUTION.For19
the purpose of this section, the term joint resolu-20
tion means only a joint resolution21
(A)(i) for the certification described in22
subsection (a)(1), that is introduced on Sep-23
tember 6, 7, 8, or 9, 2011 (or, if the Senate24
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was not in session, the next calendar day on1
which the Senate is in session); and2
(ii) for the certification described in3
subsection (a)(2), that is introduced be-4
tween the date the certification is received5
and 3 calendar days after that date;6
(B) which does not have a preamble;7
(C) the title of which is only as follows:8
Joint resolution relating to the disapproval of9
the Presidents exercise of authority to increase10
the debt limit, as submitted under section11
3101A of title 31, United States Code, on12
llllll (with the blank containing the13
date of such submission); and14
(D) the matter after the resolving clause15
of which is only as follows: That Congress dis-16
approves of the Presidents exercise of authority17
to increase the debt limit, as exercised pursuant18
to the certification under section 3101A(a) of19
title 31, United States Code..20
(c) EXPEDITED CONSIDERATION IN HOUSE OF21
REPRESENTATIVES.22
(1) RECONVENING.Upon receipt of a certifi-23
cation described in subsection (a)(2), the Speaker, if24
the House would otherwise be adjourned, shall notify25
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the Members of the House that, pursuant to this1
section, the House shall convene not later than the2
second calendar day after receipt of such certifi-3
cation.4
(2) REPORTING AND DISCHARGE.Any com-5
mittee of the House of Representatives to which a6
joint resolution is referred shall report it to the7
House without amendment not later than 5 calendar8
days after the date of introduction of a joint resolu-9
tion described in subsection (a). If a committee fails10
to report the joint resolution within that period, the11
committee shall be discharged from further consider-12
ation of the joint resolution and the joint resolution13
shall be referred to the appropriate calendar.14
(3) PROCEEDING TO CONSIDERATION.After15
each committee authorized to consider a joint resolu-16
tion reports it to the House or has been discharged17
from its consideration, it shall be in order, not later18
than the sixth day after introduction of a joint reso-19
lution under subsection (a), to move to proceed to20
consider the joint resolution in the House. All points21
of order against the motion are waived. Such a mo-22
tion shall not be in order after the House has dis-23
posed of a motion to proceed on a joint resolution24
addressing a particular submission. The previous25
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question shall be considered as ordered on the mo-1
tion to its adoption without intervening motion. The2
motion shall not be debatable. A motion to recon-3
sider the vote by which the motion is disposed of4
shall not be in order.5
(4) CONSIDERATION.The joint resolution6
shall be considered as read. All points of order7
against the joint resolution and against its consider-8
ation are waived. The previous question shall be con-9
sidered as ordered on the joint resolution to its pas-10
sage without intervening motion except two hours of11
debate equally divided and controlled by the pro-12
ponent and an opponent. A motion to reconsider the13
vote on passage of the joint resolution shall not be14
in order.15
(d) EXPEDITED PROCEDURE IN SENATE.16
(1) RECONVENING.Upon receipt of a certifi-17
cation under subsection (a)(2), if the Senate has ad-18
journed or recessed for more than 2 days, the major-19
ity leader of the Senate, after consultation with the20
minority leader of the Senate, shall notify the Mem-21
bers of the Senate that, pursuant to this section, the22
Senate shall convene not later than the second cal-23
endar day after receipt of such message.24
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(2) PLACEMENT ON CALENDAR.Upon intro-1
duction in the Senate, the joint resolution shall be2
immediately placed on the calendar.3
(3) FLOOR CONSIDERATION.4
(A) IN GENERAL.Notwithstanding Rule5
XXII of the Standing Rules of the Senate, it is6
in order at any time during the period begin-7
ning on the day after the date on which Con-8
gress receives a certification under subsection9
(a) and, for the certification described in sub-10
section (a)(1), ending on September 14, 2011,11
and for the certification described in subsection12
(a)(2), on the 6th day after the date on which13
Congress receives a certification under sub-14
section (a) (even though a previous motion to15
the same effect has been disagreed to) to move16
to proceed to the consideration of the joint reso-17
lution, and all points of order against the joint18
resolution (and against consideration of the19
joint resolution) are waived. The motion to pro-20
ceed is not debatable. The motion is not subject21
to a motion to postpone. A motion to reconsider22
the vote by which the motion is agreed to or23
disagreed to shall not be in order. If a motion24
to proceed to the consideration of the resolution25
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is agreed to, the joint resolution shall remain1
the unfinished business until disposed of.2
(B) CONSIDERATION.Consideration of3
the joint resolution, and on all debatable mo-4
tions and appeals in connection therewith, shall5
be limited to not more than 10 hours, which6
shall be divided equally between the majority7
and minority leaders or their designees. A mo-8
tion further to limit debate is in order and not9
debatable. An amendment to, or a motion to10
postpone, or a motion to proceed to the consid-11
eration of other business, or a motion to recom-12
mit the joint resolution is not in order.13
(C) VOTE ON PASSAGE.If the Senate14
has voted to proceed to a joint resolution, the15
vote on passage of the joint resolution shall16
occur immediately following the conclusion of17
consideration of the joint resolution, and a sin-18
gle quorum call at the conclusion of the debate19
if requested in accordance with the rules of the20
Senate.21
(D) RULINGS OF THE CHAIR ON PROCE-22
DURE.Appeals from the decisions of the Chair23
relating to the application of the rules of the24
Senate, as the case may be, to the procedure re-25
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lating to a joint resolution shall be decided1
without debate.2
(e) AMENDMENT NOT IN ORDER.A joint resolu-3
tion of disapproval considered pursuant to this section4
shall not be subject to amendment in either the House5
of Representatives or the Senate.6
(f) COORDINATION WITH ACTION BY OTHER7
HOUSE.8
(1) IN GENERAL.If, before passing the joint9
resolution, one House receives from the other a joint10
resolution11
(A) the joint resolution of the other12
House shall not be referred to a committee; and13
(B) the procedure in the receiving House14
shall be the same as if no joint resolution had15
been received from the other House until the16
vote on passage, when the joint resolution re-17
ceived from the other House shall supplant the18
joint resolution of the receiving House.19
(2) TREATMENT OF JOINT RESOLUTION OF20
OTHER HOUSE.If the Senate fails to introduce or21
consider a joint resolution under this section, the22
joint resolution of the House shall be entitled to ex-23
pedited floor procedures under this section.24
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(3) TREATMENT OF COMPANION MEASURES.1
If, following passage of the joint resolution in the2
Senate, the Senate then receives the companion3
measure from the House of Representatives, the4
companion measure shall not be debatable.5
(4) CONSIDERATION AFTER PASSAGE.(A) If6
Congress passes a joint resolution, the period begin-7
ning on the date the President is presented with the8
joint resolution and ending on the date the President9
signs, allows to become law without his signature, or10
vetoes and returns the joint resolution (but exclud-11
ing days when either House is not in session) shall12
be disregarded in computing the appropriate cal-13
endar day period described in subsection (b)(1).14
(B) Debate on a veto message in the Senate15
under this section shall be 1 hour equally divided be-16
tween the majority and minority leaders or their des-17
ignees.18
(5) VETO OVERRIDE.If within the appro-19
priate calendar day period described in subsection20
(b)(1), Congress overrides a veto of the joint resolu-21
tion with respect to authority exercised pursuant to22
paragraph (1) or (2) of subsection (a), the limit on23
debt provided in section 3101(b) shall not be raised,24
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except for the $400,000,000,000 increase in the1
limit provided by subsection (a)(1)(A).2
(6) SEQUESTRATION.(A) If within the 50-3
calendar day period described in subsection (b)(1),4
the President signs the joint resolution, the Presi-5
dent allows the joint resolution to become law with-6
out his signature, or Congress overrides a veto of the7
joint resolution with respect to authority exercised8
pursuant to paragraph (1) of subsection (a), there9
shall be a sequestration to reduce spending by10
$400,000,000,000. OMB shall implement the se-11
questration forthwith.12
(B) OMB shall implement each half of such13
sequestration in accordance with section 255, section14
256, and subsections (c), (d), (e), and (f) of section15
253 of the Balanced Budget and Emergency Deficit16
Control Act of 1985, and for the purpose of such17
implementation the term excess deficit means the18
amount specified in subparagraph (A).19
(g) RULES OF HOUSE OF REPRESENTATIVES AND20
SENATE.This subsection and subsections (b), (c), (d),21
(e), and (f) (other than paragraph (6)) are enacted by22
Congress23
(1) as an exercise of the rulemaking power of24
the Senate and House of Representatives, respec-25
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tively, and as such it is deemed a part of the rules1
of each House, respectively, but applicable only with2
respect to the procedure to be followed in that3
House in the case of a joint resolution, and it super-4
sedes other rules only to the extent that it is incon-5
sistent with such rules; and6
(2) with full recognition of the constitutional7
right of either House to change the rules (so far as8
relating to the procedure of that House) at any time,9
in the same manner, and to the same extent as in10
the case of any other rule of that House..11
(b) CONFORMING AMENDMENT.The table of sec-12
tions for chapter 31 of title 31, United States Code, is13
amended by inserting after the item relating to section14
3101 the following new item:15
3101A. Presidential modification of the debt ceiling..
SEC. 302. ENFORCEMENT OF BUDGET GOAL.16
(a) IN GENERAL.The Balanced Budget and Emer-17
gency Deficit Control Act of 1985 is amended by inserting18
after section 251 the following new section:19
SEC. 251A. ENFORCEMENT OF BUDGET GOAL.20
Unless a joint committee bill achieving an amount21
greater than $1,200,000,000,000 in deficit reduction as22
provided in section 401(b)(3)(B)(i)(II) of the Budget Con-23
trol Act of 2011 is enacted by January 15, 2012, the dis-24
cretionary spending limits listed in section 251(c) shall be25
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2021 pursuant to section 254(c), OMB shall allocate1
half of the total reduction calculated pursuant to2
paragraph (3) for that year to discretionary appro-3
priations and direct spending accounts within func-4
tion 050 (defense function) and half to accounts in5
all other functions (nondefense functions).6
(5) DEFENSE FUNCTION REDUCTION.OMB7
shall calculate the reductions to discretionary appro-8
priations and direct spending for each of fiscal years9
2013 through 2021 for defense function spending as10
follows:11
(A) DISCRETIONARY.OMB shall cal-12
culate the reduction to discretionary appropria-13
tions by14
(i) taking the total reduction for the15
defense function allocated for that year16
under paragraph (4);17
(ii) multiplying by the discretionary18
spending limit for the revised security cat-19
egory for that year; and20
(iii) dividing by the sum of the dis-21
cretionary spending limit for the security22
category and OMBs baseline estimate of23
nonexempt outlays for direct spending pro-24
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grams within the defense function for that1
year.2
(B) DIRECT SPENDING.OMB shall cal-3
culate the reduction to direct spending by tak-4
ing the total reduction for the defense function5
required for that year under paragraph (4) and6
subtracting the discretionary reduction cal-7
culated pursuant to subparagraph (A).8
(6) NONDEFENSE FUNCTION REDUCTION.9
OMB shall calculate the reduction to discretionary10
appropriations and to direct spending for each of fis-11
cal years 2013 through 2021 for programs in non-12
defense functions as follows:13
(A) DISCRETIONARY.OMB shall cal-14
culate the reduction to discretionary appropria-15
tions by16
(i) taking the total reduction for17
nondefense functions allocated for that18
year under paragraph (4);19
(ii) multiplying by the discretionary20
spending limit for the revised nonsecurity21
category for that year; and22
(iii) dividing by the sum of the dis-23
cretionary spending limit for the revised24
nonsecurity category and OMBs baseline25
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estimate of nonexempt outlays for direct1
spending programs in nondefense functions2
for that year.3
(B) DIRECT SPENDING.OMB shall cal-4
culate the reduction to direct spending pro-5
grams by taking the total reduction for non-6
defense functions required for that year under7
paragraph (4) and subtracting the discretionary8
reduction calculated pursuant to subparagraph9
(A).10
(7) IMPLEMENTING DISCRETIONARY REDUC-11
TIONS.12
(A) FISCAL YEAR 2013.On January 2,13
2013, for fiscal year 2013, OMB shall calculate14
and the President shall order a sequestration,15
effective upon issuance and under the proce-16
dures set forth in section 253(f), to reduce each17
account within the security category or non-18
security category by a dollar amount calculated19
by multiplying the baseline level of budgetary20
resources in that account at that time by a uni-21
form percentage necessary to achieve22
(i) for the revised security category,23
an amount equal to the defense function24
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discretionary reduction calculated pursuant1
to paragraph (5); and2
(ii) for the revised nonsecurity cat-3
egory, an amount equal to the nondefense4
function discretionary reduction calculated5
pursuant to paragraph (6).6
(B) FISCAL YEARS 2014-2021.On the7
date of the submission of its sequestration pre-8
view report for fiscal years 2014 through 20219
pursuant to section 254(c) for each of fiscal10
years 2014 through 2021, OMB shall reduce11
the discretionary spending limit12
(i) for the revised security category13
by the amount of the defense function dis-14
cretionary reduction calculated pursuant to15
paragraph (5); and16
(ii) for the revised nonsecurity cat-17
egory by the amount of the nondefense18
function discretionary reduction calculated19
pursuant to paragraph (6).20
(8) IMPLEMENTING DIRECT SPENDING REDUC-21
TIONS.On the date specified in paragraph (4) dur-22
ing each applicable year, OMB shall prepare and the23
President shall order a sequestration, effective upon24
issuance, of nonexempt direct spending to achieve25
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tionary spending limits, a listing of the reductions1
required for each nonexempt direct spending ac-2
count, and any other data and explanations that en-3
hance public understanding of this title and actions4
taken under it..5
(b) CONFORMING AMENDMENT.The table of con-6
tents set forth in section 250(a) of the Balanced Budget7
and Emergency Deficit Control Act of 1985 is amended8
by inserting after the item relating to section 251 the fol-9
lowing:10
Sec. 251A. Enforcement of budget goal..
TITLE IVJOINT SELECT COM-11
MITTEE ON DEFICIT REDUC-12
TION13
SEC. 401. ESTABLISHMENT OF JOINT SELECT COMMITTEE.14
(a) DEFINITIONS.In this title:15
(1) JOINT COMMITTEE.The term joint com-16
mittee means the Joint Select Committee on Def-17
icit Reduction established under subsection (b)(1).18
(2) JOINT COMMITTEE BILL.The term joint19
committee bill means a bill consisting of the pro-20
posed legislative language of the joint committee rec-21
ommended under subsection (b)(3)(B) and intro-22
duced under section 402(a).23
(b) ESTABLISHMENT OF JOINT SELECT COM-24
MITTEE.25
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(1) ESTABLISHMENT.There is established a1
joint select committee of Congress to be known as2
the Joint Select Committee on Deficit Reduction.3
(2) GOAL.The goal of the joint committee4
shall be to reduce the deficit by at least5
$1,500,000,000,000 over the period of fiscal years6
2012 to 2021.7
(3) DUTIES.8
(A) IN GENERAL.9
(i) IMPROVING THE SHORT-TERM AND10
LONG-TERM FISCAL IMBALANCE.The11
joint committee shall provide recommenda-12
tions and legislative language that will sig-13
nificantly improve the short-term and long-14
term fiscal imbalance of the Federal Gov-15
ernment.16
(ii) RECOMMENDATIONS OF COMMIT-17
TEES.Not later than October 14, 2011,18
each committee of the House of Represent-19
atives and the Senate may transmit to the20
joint committee its recommendations for21
changes in law to reduce the deficit con-22
sistent with the goal described in para-23
graph (2) for the joint committees consid-24
eration.25
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joint committee and the proposed legisla-1
tive language described in clause (i) shall2
require the approval of a majority of the3
members of the joint committee.4
(iii) ADDITIONAL VIEWS.A member5
of the joint committee who gives notice of6
an intention to file supplemental, minority,7
or additional views at the time of final8
joint committee vote on the approval of the9
report and legislative language under10
clause (ii) shall be entitled to 3 calendar11
days in which to file such views in writing12
with the staff director of the joint com-13
mittee. Such views shall then be included14
in the joint committee report and printed15
in the same volume, or part thereof, and16
their inclusion shall be noted on the cover17
of the report. In the absence of timely no-18
tice, the joint committee report may be19
printed and transmitted immediately with-20
out such views.21
(iv) TRANSMISSION OF REPORT AND22
LEGISLATIVE LANGUAGE.If the report23
and legislative language are approved by24
the joint committee pursuant to clause (ii),25
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subject to the rules and regulations of the Sen-1
ate.2
(B) EXPENSES.In carrying out its func-3
tions, the joint committee is authorized to incur4
expenses in the same manner and under the5
same conditions as the Joint Economic Com-6
mittee is authorized by section 11 of Public7
Law 79304 (15 U.S.C. 1024 (d)).8
(C) QUORUM.Seven members of the joint9
committee shall constitute a quorum for pur-10
poses of voting, meeting, and holding hearings.11
(D) VOTING.12
(i) PROXY VOTING.No proxy voting13
shall be allowed on behalf of the members14
of the joint committee.15
(ii) CONGRESSIONAL BUDGET OFFICE16
ESTIMATES.The Congressional Budget17
Office shall provide estimates of the legis-18
lation (as described in paragraph (3)(B))19
in accordance with sections 308(a) and20
201(f) of the Congressional Budget Act of21
1974 (2 U.S.C. 639(a) and22
601(f))(including estimates of the effect of23
interest payment on the debt). In addition,24
the Congressional Budget Office shall pro-25
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testimony, receive such evidence, and ad-1
minister such oaths as the joint committee2
considers advisable.3
(ii) HEARING PROCEDURES AND RE-4
SPONSIBILITIES OF CO-CHAIRS.5
(I) ANNOUNCEMENT.The Co-6
Chairs of the joint committee shall7
make a public announcement of the8
date, place, time, and subject matter9
of any hearing to be conducted, not10
less than 7 days in advance of such11
hearing, unless the Co-Chairs deter-12
mine that there is good cause to begin13
such hearing at an earlier date.14
(II) WRITTEN STATEMENT.A15
witness appearing before the joint16
committee shall file a written state-17
ment of proposed testimony at least 218
calendar days before the appearance19
of the witness, unless the requirement20
is waived by the Co-Chairs, following21
their determination that there is good22
cause for failure to comply with such23
requirement.24
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ferred, for the majority leader of the Senate or the1
majority leaders designee to move to proceed to the2
consideration of the joint committee bill. It shall also3
be in order for any Member of the Senate to move4
to proceed to the consideration of the joint com-5
mittee bill at any time after the conclusion of such6
2-day period. A motion to proceed is in order even7
though a previous motion to the same effect has8
been disagreed to. All points of order against the9
motion to proceed to the joint committee bill are10
waived. The motion to proceed is not debatable. The11
motion is not subject to a motion to postpone. A mo-12
tion to reconsider the vote by which the motion is13
agreed to or disagreed to shall not be in order. If14
a motion to proceed to the consideration of the joint15
committee bill is agreed to, the joint committee bill16
shall remain the unfinished business until disposed17
of.18
(3) CONSIDERATION.All points of order19
against the joint committee bill and against consid-20
eration of the joint committee bill are waived. Con-21
sideration of the joint committee bill and of all de-22
batable motions and appeals in connection therewith23
shall not exceed a total of 30 hours which shall be24
divided equally between the Majority and Minority25
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Leaders or their designees. A motion further to limit1
debate on the joint committee bill is in order, shall2
require an affirmative vote of three-fifths of the3
Members duly chosen and sworn, and is not debat-4
able. Any debatable motion or appeal is debatable5
for not to exceed 1 hour, to be divided equally be-6
tween those favoring and those opposing the motion7
or appeal. All time used for consideration of the8
joint committee bill, including time used for quorum9
calls and voting, shall be counted against the total10
30 hours of consideration.11
(4) NO AMENDMENTS.An amendment to the12
joint committee bill, or a motion to postpone, or a13
motion to proceed to the consideration of other busi-14
ness, or a motion to recommit the joint committee15
bill, is not in order.16
(5) VOTE ON PASSAGE.If the Senate has17
voted to proceed to the joint committee bill, the vote18
on passage of the joint committee bill shall occur im-19
mediately following the conclusion of the debate on20
a joint committee bill, and a single quorum call at21
the conclusion of the debate if requested. The vote22
on passage of the joint committee bill shall occur not23
later than December 23, 2011.24
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(6) RULINGS OF THE CHAIR ON PROCEDURE.1
Appeals from the decisions of the Chair relating to2
the application of the rules of the Senate, as the3
case may be, to the procedure relating to a joint4
committee bill shall be decided without debate.5
(d) AMENDMENT.The joint committee bill shall not6
be subject to amendment in either the House of Rep-7
resentatives or the Senate.8
(e) CONSIDERATION BY THE OTHER HOUSE.9
(1) IN GENERAL.If, before passing the joint10
committee bill, one House receives from the other a11
joint committee bill12
(A) the joint committee bill of the other13
House shall not be referred to a committee; and14
(B) the procedure in the receiving House15
shall be the same as if no joint committee bill16
had been received from the other House until17
the vote on passage, when the joint committee18
bill received from the other House shall sup-19
plant the joint committee bill of the receiving20
House.21
(2) REVENUE MEASURE.This subsection shall22
not apply to the House of Representatives if the23
joint committee bill received from the Senate is a24
revenue measure.25
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manner, and to the same extent as in the case of1
any other rule of such House.2
TITLE VPELL GRANT AND STU-3
DENT LOAN PROGRAM4
CHANGES5
SEC. 501. FEDERAL PELL GRANTS.6
Section 401(b)(7)(A)(iv) of the Higher Education Act7
of 1965 (20 U.S.C. 1070a(b)(7)(A)(iv)) is amended8
(1) in subclause (II), by striking9
$3,183,000,000 and inserting $13,183,000,000;10
and11
(2) in subclause (III), by striking $0 and in-12
serting $7,000,000,000.13
SEC. 502. TERMINATION OF AUTHORITY TO MAKE INTER-14
EST SUBSIDIZED LOANS TO GRADUATE AND15
PROFESSIONAL STUDENTS.16
Section 455(a) of the Higher Education Act of 196517
(20 U.S.C. 1087e(a)) is amended by adding at the end18
the following new paragraph:19
(3) TERMINATION OF AUTHORITY TO MAKE20
INTEREST SUBSIDIZED LOANS TO GRADUATE AND21
PROFESSIONAL STUDENTS.22
(A) IN GENERAL.Subject to subpara-23
graph (B) and notwithstanding any provision of24
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this part or part B, for any period of instruc-1
tion beginning on or after July 1, 20122
(i) a graduate or professional stu-3
dent shall not be eligible to receive a Fed-4
eral Direct Stafford loan under this part;5
and6
(ii) the maximum annual amount of7
Federal Direct Unsubsidized Stafford8
loans such a student may borrow in any9
academic year (as defined in section10
481(a)(2)) or its equivalent shall be the11
maximum annual amount for such student12
determined under section 428H, plus an13
amount equal to the amount of Federal14
Direct Stafford loans the student would15
have received in the absence of this sub-16
paragraph.17
(B) EXCEPTION.Subparagraph (A)18
shall not apply to an individual enrolled in19
course work specified in paragraph (3)(B) or20
(4)(B) of section 484(b)..21
SEC. 503. TERMINATION OF DIRECT LOAN REPAYMENT IN-22
CENTIVES.23
Section 455(b)(8) of the Higher Education Act of24
1965 (20 U.S.C. 1087e(b)(8)) is amended25
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