s. 365 - budget control act of 2011

8/6/2019 S. 365 - Budget Control Act of 2011

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In the House of Representatives, U. S.,

August 1, 2011.

Resolved, That the bill from the Senate (S. 365) entitled

An Act to make a technical amendment to the Education

Sciences Reform Act of 2002., do pass with the following:

AMENDMENT:

Strike all after the enacting clause and insert the

following:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.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:5

Sec. 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.


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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 graduate

and professional students.

Sec. 503. Termination of direct loan repayment incentives.

Sec. 504. Inapplicability of title IV negotiated rulemaking and master calendar

exception.

SEC. 2. SEVERABILITY.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 calendar days15

after Congress adjourns to end a session there shall be16

a sequestration to eliminate a budget-year breach, if17

any, within any category.18


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(2) E LIMINATING A BREACH.Each non-exempt1

account within a category shall be reduced by a dollar2

amount calculated by multiplying the enacted level of3

sequestrable budgetary resources in that account at4

that time by the uniform percentage necessary to5

eliminate a breach within that category.6

(3) M ILITARY PERSONNEL.If the President7

uses the authority to exempt any personnel account8

from sequestration under section 255(f), each account9

within subfunctional category 051 (other than those10

military personnel accounts for which the authority11

provided under section 255(f) has been exercised) shall12

be further reduced by a dollar amount calculated by13

multiplying the enacted level of non-exempt budgetary14

resources in that account at that time by the uniform15

percentage necessary to offset the total dollar amount16

by which outlays are not reduced in military per-17

sonnel accounts by reason of the use of such authority.18

(4) PART-YEAR APPROPRIATIONS.If, on the19

date specified in paragraph (1), there is in effect an20

Act making or continuing appropriations for part of21

a fiscal year for any budget account, then the dollar22

sequestration calculated for that account under para-23

graphs (2) and (3) shall be subtracted from24


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(A) the annualized amount otherwise1

available by law in that account under that or2

a subsequent part-year appropriation; and3

(B) when a full-year appropriation for4

that account is enacted, from the amount other-5

wise provided by the full-year appropriation for6

that account.7

(5) LOOK-BACK.If, after June 30, an appro-8

priation for the fiscal year in progress is enacted that9

causes a breach within a category for that year (after10

taking into account any sequestration of amounts11

within that category), the discretionary spending lim-12

its for that category for the next fiscal year shall be13

reduced by the amount or amounts of that breach.14

(6) WITHIN-SESSION SEQUESTRATION.If an15

appropriation for a fiscal year in progress is enacted16

(after Congress adjourns to end the session for that17

budget year and before July 1 of that fiscal year) that18

causes a breach within a category for that year (after19

taking into account any prior sequestration of20

amounts within that category), 15 days later there21

shall be a sequestration to eliminate that breach with-22

in that category following the procedures set forth in23

paragraphs (2) through (4).24

(7) ESTIMATES.25


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(A) CBO ESTIMATES.As soon as prac-1

ticable after Congress completes action on any2

discretionary appropriation, CBO, after con-3

sultation with the Committees on the Budget of4

the House of Representatives and the Senate,5

shall provide OMB with an estimate of the6

amount of discretionary new budget authority7

and outlays for the current year, if any, and the8

budget year provided by that legislation.9

(B) OMB ESTIMATES AND EXPLANATION10

OF DIFFERENCES.Not later than 7 calendar11

days (excluding Saturdays, Sundays, and legal12

holidays) after the date of enactment of any dis-13

cretionary appropriation, OMB shall transmit a14

report to the House of Representatives and to the15

Senate containing the CBO estimate of that leg-16

islation, an OMB estimate of the amount of dis-17

cretionary new budget authority and outlays for18

the current year, if any, and the budget year19

provided by that legislation, and an explanation20

of any difference between the 2 estimates. If dur-21

ing the preparation of the report OMB deter-22

mines that there is a significant difference be-23

tween OMB and CBO, OMB shall consult with24

the Committees on the Budget of the House of25


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Representatives and the Senate regarding that1

difference and that consultation shall include, to2

the extent practicable, written communication to3

those committees that affords such committees the4

opportunity to comment before the issuance of5

the report.6

(C) ASSUMPTIONS AND GUIDELINES.7

OMB estimates under this paragraph shall be8

made using current economic and technical as-9

sumptions. OMB shall use the OMB estimates10

transmitted to the Congress under this para-11

graph. OMB and CBO shall prepare estimates12

under this paragraph in conformance with13

scorekeeping guidelines determined after con-14

sultation among the Committees on the Budget of15

the House of Representatives and the Senate,16

CBO, and OMB.17

(D) A NNUAL APPROPRIATIONS.For pur-18

poses of this paragraph, amounts provided by19

annual appropriations shall include any discre-20

tionary appropriations for the current year, if21

any, and the budget year in accounts for which22

funding is provided in that legislation that re-23

sult from previously enacted legislation.24


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(b) A DJUSTMENTS TO DISCRETIONARY SPENDING1

LIMITS.2

(1) CONCEPTS AND DEFINITIONS.When the3

President submits the budget under section 1105 of4

title 31, United States Code, OMB shall calculate and5

the budget shall include adjustments to discretionary6

spending limits (and those limits as cumulatively ad-7

justed) for the budget year and each outyear to reflect8

changes in concepts and definitions. Such changes9

shall equal the baseline levels of new budget authority10

and outlays using up-to-date concepts and definitions,11

minus those levels using the concepts and definitions12

in effect before such changes. Such changes may only13

be made after consultation with the Committees on14

Appropriations and the Budget of the House of Rep-15

resentatives and the Senate, and that consultation16

shall include written communication to such commit-17

tees that affords such committees the opportunity to18

comment before official action is taken with respect to19

such changes.20

(2) S EQUESTRATION REPORTS.When OMB21

submits a sequestration report under section 254(e),22

(f), or (g) for a fiscal year, OMB shall calculate, and23

the sequestration report and subsequent budgets sub-24

mitted by the President under section 1105(a) of title25


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31, United States Code, shall include adjustments to1

discretionary spending limits (and those limits as ad-2

justed) for the fiscal year and each succeeding year,3

as follows:4

(A) E MERGENCY APPROPRIATIONS; OVER-5

SEAS CONTINGENCY OPERATIONS/GLOBAL WAR ON6

TERRORISM.If, for any fiscal year, appropria-7

tions for discretionary accounts are enacted8

that9

(i) the Congress designates as emer-10

gency requirements in statute on an account11

by account basis and the President subse-12

quently so designates, or13

(ii) the Congress designates for Over-14

seas Contingency Operations/Global War on15

Terrorism in statute on an account by ac-16

count basis and the President subsequently17

so designates,18

the adjustment shall be the total of such appro-19

priations in discretionary accounts designated as20

emergency requirements or for Overseas Contin-21

gency Operations/Global War on Terrorism, as22

applicable.23

(B) CONTINUING DISABILITY REVIEWS AND24

REDETERMINATIONS.(i) If a bill or joint reso-25


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lution making appropriations for a fiscal year is1

enacted that specifies an amount for continuing2

disability reviews under titles II and XVI of the3

Social Security Act and for the cost associated4

with conducting redeterminations of eligibility5

under title XVI of the Social Security Act, then6

the adjustments for that fiscal year shall be the7

additional new budget authority provided in8

that Act for such expenses for that fiscal year,9

but shall not exceed10

(I) for fiscal year 2012, $623,000,00011

in additional new budget authority;12

(II) for fiscal year 2013,13

$751,000,000 in additional new budget au-14

thority;15

(III) for fiscal year 2014,16


thority;18

(IV) for fiscal year 2015,19

$1,123,000,000 in additional new budget20

authority;21

(V) for fiscal year 2016,22


authority;24


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(VI) for fiscal year 2017,1


authority;3

(VII) for fiscal year 2018,4


authority;6

(VIII) for fiscal year 2019,7


authority;9

(IX) for fiscal year 2020,10


authority; and12

(X) for fiscal year 2021,13


authority.15

(ii) As used in this subparagraph16

(I) the term continuing disability re-17

views means continuing disability reviews18

under sections 221(i) and 1614(a)(4) of the19

Social Security Act;20

(II) the term redetermination means21

redetermination of eligibility under sections22

1611(c)(1) and 1614(a)(3)(H) of the Social23

Security Act; and24


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(III) the term additional new budget1

authority means the amount provided for a2

fiscal year, in excess of $273,000,000, in an3

appropriation Act and specified to pay for4

the costs of continuing disability reviews5

and redeterminations under the heading6

Limitation on Administrative Expenses7

for the Social Security Administration.8

(C) H EALTH CARE FRAUD AND ABUSE9

CONTROL.(i) If a bill or joint resolution mak-10

ing appropriations for a fiscal year is enacted11

that specifies an amount for the health care12

fraud abuse control program at the Department13

of Health and Human Services (7583930714

571), then the adjustments for that fiscal year15

shall be the amount of additional new budget au-16

thority provided in that Act for such program17

for that fiscal year, but shall not exceed18

(I) for fiscal year 2012, $270,000,00019


(II) for fiscal year 2013,21


thority;23


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(III) for fiscal year 2014,1


thority;3

(IV) for fiscal year 2015,4


thority;6

(V) for fiscal year 2016, $395,000,0007


(VI) for fiscal year 2017,9


thority;11

(VII) for fiscal year 2018,12


thority;14

(VIII) for fiscal year 2019,15


thority;17

(IX) for fiscal year 2020,18


thority; and20

(X) for fiscal year 2021, $496,000,00021

in additional new budget authority.22

(ii) As used in this subparagraph, the23

term additional new budget authority means24

the amount provided for a fiscal year, in excess25


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of $311,000,000, in an appropriation Act and1

specified to pay for the costs of the health care2

fraud and abuse control program.3

(D) D ISASTER FUNDING.4

(i) If, for fiscal years 2012 through5

2021, appropriations for discretionary ac-6

counts are enacted that Congress designates7

as being for disaster relief in statute, the8

adjustment for a fiscal year shall be the9

total of such appropriations for the fiscal10

year in discretionary accounts designated11

as being for disaster relief, but not to exceed12

the total of13

(I) the average funding provided14

for disaster relief over the previous 1015

years, excluding the highest and lowest16

years; and17

(II) the amount, for years when18

the enacted new discretionary budget19

authority designated as being for dis-20

aster relief for the preceding fiscal year21

was less than the average as calculated22

in subclause (I) for that fiscal year,23

that is the difference between the en-24

acted amount and the allowable adjust-25


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ment as calculated in such subclause1

for that fiscal year.2

(ii) OMB shall report to the Commit-3

tees on Appropriations and Budget in each4

House the average calculated pursuant to5

clause (i)(II), not later than 30 days after6

the date of the enactment of the Budget7

Control Act of 2011.8

(iii) For the purposes of this subpara-9

graph, the term disaster relief means ac-10

tivities carried out pursuant to a deter-11

mination under section 102(2) of the Robert12

T. Stafford Disaster Relief and Emergency13

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 fiscal18

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 the dis-8

cretionary category, $1,066,000,000,000 in new budg-9

et authority;10



et authority;13



et authority;16



et authority;19



et authority;22



et authority;25


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et 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 Emergency9

Deficit Control Act of 1985 is amended as follows:10

(1) Strike paragraph (4) and insert the following11

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 discre-16

tionary appropriations associated with agency budg-17

ets for the Department of Defense, the Department of18

Homeland Security, the Department of Veterans Af-19

fairs, the National Nuclear Security Administration,20

the intelligence community management account (9521

040101054), and all budget accounts in budget22

function 150 (international affairs).23

(C) The term discretionary category includes24

all discretionary appropriations..25


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(2) In paragraph (8)(C), strike the food stamp1

program and insert the Supplemental Nutrition2

Assistance Program.3

(3) Strike paragraph (14) and insert the fol-4

lowing new paragraph:5

(14) The term outyear means a fiscal year one6

or more years after the budget year..7

(4) At the end, add the following new para-8

graphs:9

(20) The term emergency means a situation10

that11

(A) requires new budget authority and12

outlays (or new budget authority and the outlays13

flowing therefrom) for the prevention or mitiga-14

tion of, or response to, loss of life or property, or15

a threat to national security; and16

(B) is unanticipated.17

(21) The term unanticipated means that the18

underlying situation is19

(A) sudden, which means quickly coming20

into being or not building up over time;21

(B) urgent, which means a pressing and22

compelling need requiring immediate action;23

(C) unforeseen, which means not predicted24

or anticipated as an emerging need; and25


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(D) temporary, which means not of a per-1

manent duration..2

SEC. 103. REPORTS AND ORDERS.3

Section 254 of the Balanced Budget and Emergency4

Deficit Control Act of 1985 is amended as follows:5

(1) In subsection (c)(2), strike 2002 and insert6

2021.7

(2) At the end of subsection (e), insert This re-8

port shall also contain a preview estimate of the ad-9

justment for disaster funding for the upcoming fiscal10

year..11

(3) In subsection (f)(2)(A), strike 2002 and in-12

sert 2021; before the concluding period insert , in-13

cluding a final estimate of the adjustment for disaster14

funding.15

SEC. 104. EXPIRATION.16

(a) REPEALER.Section 275 of the Balanced Budget17

and Emergency Deficit Control Act of 1985 is repealed.18

(b) CONFORMING CHANGE.Sections 252(d)(1),19

254(c), 254(f)(3), and 254(i) of the Balanced Budget and20

Emergency Deficit Control Act of 1985 shall not apply to21

the Congressional Budget Office.22


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SEC. 105. AMENDMENTS TO THE CONGRESSIONAL BUDGET1

AND IMPOUNDMENT CONTROL ACT OF 1974.2

(a) ADJUSTMENTS.Section 314 of the Congressional3

Budget Act of 1974 is amended as follows:4

(1) Strike subsection (a) and insert the following:5

(a) ADJUSTMENTS.After the reporting of a bill or6

joint resolution or the offering of an amendment thereto or7

the submission of a conference report thereon, the chairman8

of the Committee on the Budget of the House of Representa-9

tives or the Senate may make appropriate budgetary ad-10

justments of new budget authority and the outlays flowing11

therefrom in the same amount as required by section 251(b)12

of the Balanced Budget and Emergency Deficit Control Act13

of 1985..14

(2) Strike subsections (b) and (e) and redesignate15

subsections (c) and (d) as subsections (b) and (c), re-16

spectively.17

(3) At the end, add the following new sub-18

sections:19

(d) E MERGENCIES IN THEHOUSE OFREPRESENTA-20

TIVES. (1) In the House of Representatives, if a reported21

bill or joint resolution, or amendment thereto or conference22

report thereon, contains a provision providing new budget23

authority and outlays or reducing revenue, and a designa-24

tion of such provision as an emergency requirement pursu-25

ant to 251(b)(2)(A) of the Balanced Budget and Emergency26


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Deficit Control Act of 1985, the chair of the Committee on1

the Budget of the House of Representatives shall not count2

the budgetary effects of such provision for purposes of title3

III and title IV of the Congressional Budget Act of 19744

and the Rules of the House of Representatives.5

(2)(A) In the House of Representatives, if a reported6

bill or joint resolution, or amendment thereto or conference7

report thereon, contains a provision providing new budget8

authority and outlays or reducing revenue, and a designa-9

tion of such provision as an emergency pursuant to para-10

graph (1), the chair of the Committee on the Budget shall11

not count the budgetary effects of such provision for pur-12

poses of this title and title IV and the Rules of the House13

of Representatives.14

(B) In the House of Representatives, a proposal to15

strike a designation under subparagraph (A) shall be ex-16

cluded from an evaluation of budgetary effects for purposes17

of this title and title IV and the Rules of the House of Rep-18

resentatives.19

(C) An amendment offered under subparagraph (B)20

that also proposes to reduce each amount appropriated or21

otherwise made available by the pending measure that is22

not required to be appropriated or otherwise made available23

shall be in order at any point in the reading of the pending24

measure.25


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(e) E NFORCEMENT OFDISCRETIONARY SPENDING1

CAPS.It shall not be in order in the House of Representa-2

tives or the Senate to consider any bill, joint resolution,3

amendment, motion, or conference report that would cause4

the discretionary spending limits as set forth in section 2515

of the Balanced Budget and Emergency Deficit Control Act6

to be exceeded..7

(b) DEFINITIONS.Section 3 of the Congressional8

Budget and Impoundment Control Act of 1974 is amended9

by adding at the end the following new paragraph:10

(11) The terms emergency and unanticipated11

have the meanings given to such terms in section12

250(c) of the Balanced Budget and Emergency Deficit13

Control Act of 1985..14

(c) A PPEALS FOR DISCRETIONARY CAPS.Section15

904(c)(2) of the Congressional Budget Act of 1974 is amend-16

ed by striking and 312(c) and inserting 312(c), and17

314(e).18

SEC. 106. SENATE BUDGET ENFORCEMENT.19

(a) IN GENERAL.20

(1) For the purpose of enforcing the Congres-21

sional Budget Act of 1974 through April 15, 2012, in-22

cluding section 300 of that Act, and enforcing budg-23

etary points of order in prior concurrent resolutions24

on the budget, the allocations, aggregates, and levels25


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set in subsection (b)(1) shall apply in the Senate in1

the same manner as for a concurrent resolution on the2

budget for fiscal year 2012 with appropriate budg-3

etary levels for fiscal years 2011 and 2013 through4

2021.5

(2) For the purpose of enforcing the Congres-6

sional Budget Act of 1974 after April 15, 2012, in-7

cluding section 300 of that Act, and enforcing budg-8

etary points of order in prior concurrent resolutions9

on the budget, the allocations, aggregates, and levels10

set in subsection (b)(2) shall apply in the Senate in11

the same manner as for a concurrent resolution on the12

budget for fiscal year 2013 with appropriate budg-13

etary levels for fiscal years 2012 and 2014 through14

2022.15

(b) COMMITTEE ALLOCATIONS, AGGREGATES, AND16

LEVELS.17

(1) As soon as practicable after the date of enact-18

ment of this section, the Chairman of the Committee19

on the Budget shall file20

(A) for the Committee on Appropriations,21

committee allocations for fiscal years 2011 and22

2012 consistent with the discretionary spending23

limits set forth in this Act for the purpose of en-24


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forcing section 302 of the Congressional Budget1

Act of 1974;2

(B) for all committees other than the Com-3

mittee on Appropriations, committee allocations4

for fiscal years 2011, 2012, 2012 through 2016,5

and 2012 through 2021 consistent with the Con-6

gressional Budget Offices March 2011 baseline7

adjusted to account for the budgetary effects of8

this Act and legislation enacted prior to this Act9

but not included in the Congressional Budget Of-10

fices March 2011 baseline, for the purpose of en-11


Act of 1974;13

(C) aggregate spending levels for fiscal years14

2011 and 2012 and aggregate revenue levels for15

fiscal years 2011, 2012, 2012 through 2016, 201216

through 2021 consistent with the Congressional17

Budget Offices March 2011 baseline adjusted to18

account for the budgetary effects of this Act and19

legislation enacted prior to this Act but not in-20

cluded in the Congressional Budget Offices21

March 2011 baseline, and the discretionary22

spending limits set forth in this Act for the pur-23

pose of enforcing section 311 of the Congressional24

Budget Act of 1974; and25


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(D) levels of Social Security revenues and1

outlays for fiscal years 2011, 2012, 2012 through2

2016, and 2012 through 2021 consistent with the3

Congressional Budget Offices March 2011 base-4

line adjusted to account for the budgetary effects5

of this Act and legislation enacted prior to this6

Act but not included in the Congressional Budget7

Offices March 2011 baseline, for the purpose of8

enforcing sections 302 and 311 of the Congres-9

sional Budget Act of 1974.10

(2) Not later than April 15, 2012, the Chairman11

of the Committee on the Budget shall file12

(A) for the Committee on Appropriations,13

committee allocations for fiscal years 2012 and14

2013 consistent with the discretionary spending15

limits set forth in this Act for the purpose of en-16


Act of 1974;18

(B) for all committees other than the Com-19

mittee on Appropriations, committee allocations20

for fiscal years 2012, 2013, 2013 through 2017,21

and 2013 through 2022 consistent with the Con-22


for the purpose of enforcing section 302 of the24

Congressional Budget Act of 1974;25


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(C) aggregate spending levels for fiscal years1

2012 and 2013 and aggregate revenue levels for2

fiscal years 2012, 2013, 20132017, and 20133

2022 consistent with the Congressional Budget4

Offices March 2012 baseline and the discre-5

tionary spending limits set forth in this Act for6

the purpose of enforcing section 311 of the Con-7

gressional Budget Act of 1974; and8

(D) levels of Social Security revenues and9

outlays for fiscal years 2012 and 2013, 201310

2017, and 20132022 consistent with the Con-11


budget for the purpose of enforcing sections 30213

and 311 of the Congressional Budget Act of14

1974.15

(c) SENATEPAY-AS-YOU-GO SCORECARD.16

(1) Effective on the date of enactment of this sec-17

tion, for the purpose of enforcing section 201 of S.18

Con. Res. 21 (110th Congress), the Chairman of the19

Senate Committee on the Budget shall reduce any bal-20

ances of direct spending and revenues for any fiscal21

year to 0 (zero).22

(2) Not later than April 15, 2012, for the pur-23

pose of enforcing section 201 of S. Con. Res. 2124

(110th Congress), the Chairman of the Senate Com-25


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mittee on the Budget shall reduce any balances of di-1

rect spending and revenues for any fiscal year to 02

(zero).3

(3) Upon resetting the Senate paygo scorecard4

pursuant to paragraph (2), the Chairman shall pub-5

lish a notification of such action in the Congressional6

Record.7

(d) FURTHERADJUSTMENTS.8

(1) The Chairman of the Committee on the9

Budget of the Senate may revise any allocations, ag-10

gregates, or levels set pursuant to this section to ac-11

count for any subsequent adjustments to discretionary12

spending limits made pursuant to this Act.13

(2) With respect to any allocations, aggregates,14

or levels set or adjustments made pursuant to this sec-15

tion, sections 412 through 414 of S. Con. Res. 1316

(111th Congress) shall remain in effect.17

(e) EXPIRATION.18

(1) Subsections (a)(1), (b)(1), and (c)(1) shall19

expire if a concurrent resolution on the budget for fis-20

cal year 2012 is agreed to by the Senate and House21

of Representatives pursuant to section 301 of the Con-22

gressional Budget Act of 1974.23

(2) Subsections (a)(2), (b)(2), and (c)(2) shall24

expire if a concurrent resolution on the budget for fis-25


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cal year 2013 is agreed to by the Senate and House1

of Representatives pursuant to section 301 of the Con-2

gressional Budget Act of 1974.3

TITLE IIVOTE ON THE BAL-4

ANCED BUDGET AMENDMENT5

SEC. 201. VOTE ON THE BALANCED BUDGET AMENDMENT.6

After September 30, 2011, and not later than December7

31, 2011, the House of Representatives and Senate, respec-8

tively, shall vote on passage of a joint resolution, the title9

of which is as follows: Joint resolution proposing a bal-10

anced budget amendment to the Constitution of the United11

States..12

SEC. 202. CONSIDERATION BY THE OTHER HOUSE.13

(a) HOUSE CONSIDERATION.14

(1) REFERRAL.If the House receives a joint15

resolution described in section 201 from the Senate,16

such joint resolution shall be referred to the Com-17

mittee on the Judiciary. If the committee fails to re-18

port the joint resolution within five legislative days,19

it shall be in order to move that the House discharge20

the committee from further consideration of the joint21

resolution. Such a motion shall not be in order after22

the House has disposed of a motion to discharge the23

joint resolution. The previous question shall be consid-24

ered as ordered on the motion to its adoption without25


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intervening motion except twenty minutes of debate1

equally divided and controlled by the proponent and2

an opponent. If such a motion is adopted, the House3

shall proceed immediately to consider the joint resolu-4

tion in accordance with paragraph (3). A motion to5

reconsider the vote by which the motion is disposed of6

shall not be in order.7

(2) P ROCEEDING TO CONSIDERATION.After the8

joint resolution has been referred to the appropriate9

calendar or the committee has been discharged (other10

than by motion) from its consideration, it shall be in11

order to move to proceed to consider the joint resolu-12

tion in the House. Such a motion shall not be in13

order after the House has disposed of a motion to pro-14

ceed with respect to the joint resolution. The previous15

question shall be considered as ordered on the motion16

to its adoption without intervening motion. A motion17

to reconsider the vote by which the motion is disposed18

of shall not be in order.19

(3) CONSIDERATION.The joint resolution shall20

be considered as read. All points of order against the21

joint resolution and against its consideration are22

waived. The previous question shall be considered as23

ordered on the joint resolution to its passage without24

intervening motion except two hours of debate equally25


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divided and controlled by the proponent and an oppo-1

nent and one motion to limit debate on the joint reso-2

lution. A motion to reconsider the vote on passage of3

the joint resolution shall not be in order.4

(b) SENATE CONSIDERATION.(1) If the Senate re-5

ceives a joint resolution described in section 201 from the6

House of Representatives, such joint resolution shall be re-7

ferred to the appropriate committee of the Senate. If such8

committee has not reported the joint resolution at the close9

of the fifth session day after its receipt by the Senate, such10

committee shall be automatically discharged from further11

consideration of the joint resolution and it shall be placed12

on the appropriate calendar.13

(2) Consideration of the joint resolution and on all de-14

batable motions and appeals in connection therewith, shall15

be limited to not more than 20 hours, which shall be divided16

equally between the majority and minority leaders or their17

designees. A motion further to limit debate is in order and18

not debatable. An amendment to, or a motion to postpone,19

or a motion to proceed to the consideration of other busi-20

ness, or a motion to recommit the joint resolution is not21

in order. Any debatable motion or appeal is debatable for22

not to exceed 1 hour, to be divided equally between those23

favoring and those opposing the motion or appeal. All time24

used for consideration of the joint resolution, including time25


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used for quorum calls and voting, shall be counted against1

the total 20 hours of consideration.2

(3) If the Senate has voted to proceed to a joint resolu-3

tion, the vote on passage of the joint resolution shall be4

taken on or before the close of the seventh session day after5

such joint resolution has been reported or discharged or im-6

mediately following the conclusion of consideration of the7

joint resolution, and a single quorum call at the conclusion8

of the debate if requested in accordance with the rules of9

the Senate.10

TITLE IIIDEBT CEILING11

DISAPPROVAL PROCESS12

SEC. 301. DEBT CEILING DISAPPROVAL PROCESS.13

(a) IN GENERAL.Subchapter I of chapter 31 of sub-14

title III of title 31, United States Code, is amended15

(1) in section 3101(b), by striking or otherwise16

and inserting or as provided by section 3101A or17

otherwise; and18

(2) by inserting after section 3101 the following:19

3101A. Presidential modification of the debt ceiling20

(a) IN GENERAL.21

(1) $900 BILLION.22

(A) CERTIFICATION.If, not later than23

December 31, 2011, the President submits a24

written certification to Congress that the Presi-25


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dent has determined that the debt subject to limit1

is within $100,000,000,000 of the limit in sec-2

tion 3101(b) and that further borrowing is re-3

quired to meet existing commitments, the Sec-4

retary of the Treasury may exercise authority to5

borrow an additional $900,000,000,000, subject6

to the enactment of a joint resolution of dis-7

approval enacted pursuant to this section. Upon8

submission of such certification, the limit on debt9

provided in section 3101(b) (referred to in this10

section as the debt limit) is increased by11

$400,000,000,000.12

(B) R ESOLUTION OF DISAPPROVAL.Con-13

gress may consider a joint resolution of dis-14

approval of the authority under subparagraph15

(A) as provided in subsections (b) through (f).16

The joint resolution of disapproval considered17

under this section shall contain only the lan-18

guage provided in subsection (b)(2). If the time19

for disapproval has lapsed without enactment of20

a joint resolution of disapproval under this sec-21

tion, the debt limit is increased by an additional22

$500,000,000,000.23

(2) A DDITIONAL AMOUNT.24


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(A) CERTIFICATION.If, after the debt1

limit is increased by $900,000,000,000 under2

paragraph (1), the President submits a written3

certification to Congress that the President has4

determined that the debt subject to limit is with-5

in $100,000,000,000 of the limit in section6

3101(b) and that further borrowing is required7

to meet existing commitments, the Secretary of8

the Treasury may, subject to the enactment of a9

joint resolution of disapproval enacted pursuant10

to this section, exercise authority to borrow an11

additional amount equal to12

(i) $1,200,000,000,000, unless clause13

(ii) or (iii) applies;14

(ii) $1,500,000,000,000 if the Archi-15

vist of the United States has submitted to16

the States for their ratification a proposed17

amendment to the Constitution of the18

United States pursuant to a joint resolution19

entitled Joint resolution proposing a bal-20

anced budget amendment to the Constitu-21

tion of the United States; or22

(iii) if a joint committee bill to23

achieve an amount greater than24

$1,200,000,000,000 in deficit reduction as25


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provided in section 401(b)(3)(B)(i)(II) of1

the Budget Control Act of 2011 is enacted,2

an amount equal to the amount of that def-3

icit reduction, but not greater than4

$1,500,000,000,000, unless clause (ii) ap-5

plies.6

(B) R ESOLUTION OF DISAPPROVAL.Con-7

gress may consider a joint resolution of dis-8

approval of the authority under subparagraph9

(A) as provided in subsections (b) through (f).10

The joint resolution of disapproval considered11

under this section shall contain only the lan-12

guage provided in subsection (b)(2). If the time13

for disapproval has lapsed without enactment of14

a joint resolution of disapproval under this sec-15

tion, the debt limit is increased by the amount16

authorized under subparagraph (A).17

(b) JOINTR ESOLUTION OFDISAPPROVAL.18

(1) I N GENERAL.Except for the19

$400,000,000,000 increase in the debt limit provided20

by subsection (a)(1)(A), the debt limit may not be21

raised under this section if, within 50 calendar days22

after the date on which Congress receives a certifi-23

cation described in subsection (a)(1) or within 15 cal-24

endar days after Congress receives the certification de-25


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scribed in subsection (a)(2) (regardless of whether1

Congress is in session), there is enacted into law a2

joint resolution disapproving the Presidents exercise3

of authority with respect to such additional amount.4

(2) CONTENTS OF JOINT RESOLUTION.For the5

purpose of this section, the term joint resolution6

means only a joint resolution7

(A)(i) for the certification described in8

subsection (a)(1), that is introduced on Sep-9

tember 6, 7, 8, or 9, 2011 (or, if the Senate was10

not in session, the next calendar day on which11

the Senate is in session); and12

(ii) for the certification described in sub-13

section (a)(2), that is introduced between the14

date the certification is received and 3 calendar15

days after that date;16

(B) which does not have a preamble;17

(C) the title of which is only as follows:18

Joint resolution relating to the disapproval of19

the Presidents exercise of authority to increase20

the debt limit, as submitted under section 3101A21

of title 31, United States Code, on22

llllll (with the blank containing the23

date of such submission); and24


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(D) the matter after the resolving clause of1

which is only as follows: That Congress dis-2

approves of the Presidents exercise of authority3

to increase the debt limit, as exercised pursuant4

to the certification under section 3101A(a) of5

title 31, United States Code..6

(c) EXPEDITED CONSIDERATION INHOUSE OFREP-7

RESENTATIVES.8

(1) RECONVENING.Upon receipt of a certifi-9

cation described in subsection (a)(2), the Speaker, if10

the House would otherwise be adjourned, shall notify11

the Members of the House that, pursuant to this sec-12

tion, the House shall convene not later than the sec-13

ond calendar day after receipt of such certification.14

(2) R EPORTING AND DISCHARGE.Any com-15

mittee of the House of Representatives to which a16

joint resolution is referred shall report it to the House17

without amendment not later than 5 calendar days18

after the date of introduction of a joint resolution de-19

scribed in subsection (a). If a committee fails to re-20

port the joint resolution within that period, the com-21

mittee shall be discharged from further consideration22

of the joint resolution and the joint resolution shall be23

referred to the appropriate calendar.24


36/74


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(1) RECONVENING.Upon receipt of a certifi-1

cation under subsection (a)(2), if the Senate has ad-2

journed or recessed for more than 2 days, the majority3

leader of the Senate, after consultation with the mi-4

nority leader of the Senate, shall notify the Members5

of the Senate that, pursuant to this section, the Sen-6

ate shall convene not later than the second calendar7

day after receipt of such message.8

(2) P LACEMENT ON CALENDAR.Upon intro-9

duction in the Senate, the joint resolution shall be im-10

mediately placed on the calendar.11

(3) F LOOR CONSIDERATION.12

(A) I N GENERAL.Notwithstanding Rule13

XXII of the Standing Rules of the Senate, it is14

in order at any time during the period begin-15

ning on the day after the date on which Congress16

receives a certification under subsection (a) and,17

for the certification described in subsection18

(a)(1), ending on September 14, 2011, and for19

the certification described in subsection (a)(2),20

on the 6th day after the date on which Congress21

receives a certification under subsection (a) (even22

though a previous motion to the same effect has23

been disagreed to) to move to proceed to the con-24

sideration of the joint resolution, and all points25


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of order against the joint resolution (and against1

consideration of the joint resolution) are waived.2

The motion to proceed is not debatable. The mo-3

tion is not subject to a motion to postpone. A4

motion to reconsider the vote by which the mo-5

tion is agreed to or disagreed to shall not be in6

order. If a motion to proceed to the consideration7

of the resolution is agreed to, the joint resolution8

shall remain the unfinished business until dis-9

posed of.10

(B) CONSIDERATION.Consideration of11

the joint resolution, and on all debatable motions12

and appeals in connection therewith, shall be13

limited to not more than 10 hours, which shall14

be divided equally between the majority and mi-15

nority leaders or their designees. A motion fur-16

ther to limit debate is in order and not debat-17

able. An amendment to, or a motion to postpone,18

or a motion to proceed to the consideration of19

other business, or a motion to recommit the joint20

resolution is not in order.21

(C) VOTE ON PASSAGE.If the Senate has22

voted to proceed to a joint resolution, the vote on23

passage of the joint resolution shall occur imme-24

diately following the conclusion of consideration25


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of the joint resolution, and a single quorum call1

at the conclusion of the debate if requested in ac-2

cordance with the rules of the Senate.3

(D) RULINGS OF THE CHAIR ON PROCE-4

DURE.Appeals from the decisions of the Chair5

relating to the application of the rules of the6

Senate, as the case may be, to the procedure re-7

lating to a joint resolution shall be decided with-8

out debate.9

(e) AMENDMENTNOT IN ORDER.A joint resolution10

of disapproval considered pursuant to this section shall not11

be subject to amendment in either the House of Representa-12

tives or the Senate.13

(f) COORDINATION WITH ACTION BY OTHER14

HOUSE.15

(1) I N GENERAL.If, before passing the joint16

resolution, one House receives from the other a joint17

resolution18

(A) the joint resolution of the other House19

shall not be referred to a committee; and20

(B) the procedure in the receiving House21

shall be the same as if no joint resolution had22

been received from the other House until the vote23

on passage, when the joint resolution received24


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from the other House shall supplant the joint res-1

olution of the receiving House.2

(2) T REATMENT OF JOINT RESOLUTION OF3

OTHER HOUSE.If the Senate fails to introduce or4

consider a joint resolution under this section, the joint5

resolution of the House shall be entitled to expedited6

floor procedures under this section.7

(3) T REATMENT OF COMPANION MEASURES.If,8

following passage of the joint resolution in the Senate,9

the Senate then receives the companion measure from10

the House of Representatives, the companion measure11

shall not be debatable.12

(4) CONSIDERATION AFTER PASSAGE.(A) If13

Congress passes a joint resolution, the period begin-14

ning on the date the President is presented with the15

joint resolution and ending on the date the President16

signs, allows to become law without his signature, or17

vetoes and returns the joint resolution (but excluding18

days when either House is not in session) shall be dis-19

regarded in computing the appropriate calendar day20

period described in subsection (b)(1).21

(B) Debate on a veto message in the Senate22

under this section shall be 1 hour equally divided be-23

tween the majority and minority leaders or their des-24

ignees.25


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(5) V ETO OVERRIDE.If within the appro-1

priate calendar day period described in subsection2

(b)(1), Congress overrides a veto of the joint resolution3

with respect to authority exercised pursuant to para-4

graph (1) or (2) of subsection (a), the limit on debt5

provided in section 3101(b) shall not be raised, except6

for the $400,000,000,000 increase in the limit pro-7

vided by subsection (a)(1)(A).8

(6) SEQUESTRATION.(A) If within the 50-cal-9

endar day period described in subsection (b)(1), the10

President signs the joint resolution, the President al-11

lows the joint resolution to become law without his12

signature, or Congress overrides a veto of the joint13

resolution with respect to authority exercised pursu-14

ant to paragraph (1) of subsection (a), there shall be15

a sequestration to reduce spending by16

$400,000,000,000. OMB shall implement the seques-17

tration forthwith.18

(B) OMB shall implement each half of such se-19

questration in accordance with section 255, section20

256, and subsections (c), (d), (e), and (f) of section21

253 of the Balanced Budget and Emergency Deficit22

Control Act of 1985, and for the purpose of such im-23

plementation the term excess deficit means the24

amount specified in subparagraph (A).25


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(g) RULES OF HOUSE OF R EPRESENTATIVES AND1

SENATE.This subsection and subsections (b), (c), (d), (e),2

and (f) (other than paragraph (6)) are enacted by Con-3

gress4

(1) as an exercise of the rulemaking power of5

the Senate and House of Representatives, respectively,6

and as such it is deemed a part of the rules of each7

House, respectively, but applicable only with respect8

to the procedure to be followed in that House in the9

case of a joint resolution, and it supersedes other rules10

only to the extent that it is inconsistent with such11

rules; and12

(2) with full recognition of the constitutional13

right of either House to change the rules (so far as re-14

lating to the procedure of that House) at any time,15

in the same manner, and to the same extent as in the16

case of any other rule of that House..17

(b) CONFORMING AMENDMENT.The table of sections18

for chapter 31 of title 31, United States Code, is amended19

by inserting after the item relating to section 3101 the fol-20

lowing new item:21

3101A. Presidential modification of the debt ceiling..

SEC. 302. ENFORCEMENT OF BUDGET GOAL.22

(a) IN GENERAL.The Balanced Budget and Emer-23

gency Deficit Control Act of 1985 is amended by inserting24

after section 251 the following new section:25


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SEC. 251A. ENFORCEMENT OF BUDGET GOAL.1

Unless a joint committee bill achieving an amount2

greater than $1,200,000,000,000 in deficit reduction as pro-3

vided in section 401(b)(3)(B)(i)(II) of the Budget Control4

Act of 2011 is enacted by January 15, 2012, the discre-5

tionary spending limits listed in section 251(c) shall be re-6

vised, and discretionary appropriations and direct spend-7

ing shall be reduced, as follows:8

(1) R EVISED SECURITY CATEGORY; REVISED9

NONSECURITY CATEGORY.(A) The term revised se-10

curity category means discretionary appropriations11

in budget function 050.12

(B) The term revised nonsecurity category13

means discretionary appropriations other than in14

budget function 050.15

(2) R EVISED DISCRETIONARY SPENDING LIM-16

ITS.The discretionary spending limits for fiscal17

years 2013 through 2021 under section 251(c) shall be18

replaced with the following:19

(A) For fiscal year 201320

(i) for the security category,21

$546,000,000,000 in budget authority; and22

(ii) for the nonsecurity category,23

$501,000,000,000 in budget authority.24

(B) For fiscal year 201425


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(C) For fiscal year 20155





(D) For fiscal year 201610





(E) For fiscal year 201715





(F) For fiscal year 201820





(G) For fiscal year 201925


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(H) For fiscal year 20205





(I) For fiscal year 202110





(3) C ALCULATION OF TOTAL DEFICIT REDUC-15

TION.OMB shall calculate the amount of the deficit16

reduction required by this section for each of fiscal17

years 2013 through 2021 by18

(A) starting with $1,200,000,000,000;19

(B) subtracting the amount of deficit re-20

duction achieved by the enactment of a joint21

committee bill, as provided in section22

401(b)(3)(B)(i)(II) of the Budget Control Act of23

2011;24


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(C) reducing the difference by 18 percent1

to account for debt service; and2

(D) dividing the result by 9.3

(4) A LLOCATION TO FUNCTIONS.On January4

2, 2013, for fiscal year 2013, and in its sequestration5

preview report for fiscal years 2014 through 20216

pursuant to section 254(c), OMB shall allocate half of7

the total reduction calculated pursuant to paragraph8

(3) for that year to discretionary appropriations and9

direct spending accounts within function 050 (defense10

function) and half to accounts in all other functions11

(nondefense functions).12

(5) D EFENSE FUNCTION REDUCTION.OMB13

shall calculate the reductions to discretionary appro-14

priations and direct spending for each of fiscal years15

2013 through 2021 for defense function spending as16

follows:17

(A) DISCRETIONARY.OMB shall cal-18

culate the reduction to discretionary appropria-19

tions by20

(i) taking the total reduction for the21

defense function allocated for that year22

under paragraph (4);23


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(ii) multiplying by the discretionary1

spending limit for the revised security cat-2

egory for that year; and3

(iii) dividing by the sum of the dis-4

cretionary spending limit for the security5

category and OMBs baseline estimate of6

nonexempt outlays for direct spending pro-7

grams within the defense function for that8

year.9

(B) D IRECT SPENDING.OMB shall cal-10

culate the reduction to direct spending by taking11

the total reduction for the defense function re-12

quired for that year under paragraph (4) and13

subtracting the discretionary reduction cal-14

culated pursuant to subparagraph (A).15

(6) NONDEFENSE FUNCTION REDUCTION.16

OMB shall calculate the reduction to discretionary17

appropriations and to direct spending for each of fis-18

cal years 2013 through 2021 for programs in non-19

defense functions as follows:20

(A) DISCRETIONARY.OMB shall cal-21

culate the reduction to discretionary appropria-22

tions by23


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(i) taking the total reduction for non-1

defense functions allocated for that year2

under paragraph (4);3

(ii) multiplying by the discretionary4

spending limit for the revised nonsecurity5

category for that year; and6

(iii) dividing by the sum of the dis-7

cretionary spending limit for the revised8

nonsecurity category and OMBs baseline9

estimate of nonexempt outlays for direct10

spending programs in nondefense functions11

for that year.12

(B) D IRECT SPENDING.OMB shall cal-13

culate the reduction to direct spending programs14

by taking the total reduction for nondefense func-15

tions required for that year under paragraph (4)16

and subtracting the discretionary reduction cal-17

culated pursuant to subparagraph (A).18

(7) I MPLEMENTING DISCRETIONARY REDUC-19

TIONS.20

(A) F ISCAL YEAR 2013.On January 2,21

2013, for fiscal year 2013, OMB shall calculate22

and the President shall order a sequestration, ef-23

fective upon issuance and under the procedures24

set forth in section 253(f), to reduce each account25


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within the security category or nonsecurity cat-1

egory by a dollar amount calculated by multi-2

plying the baseline level of budgetary resources3

in that account at that time by a uniform per-4

centage necessary to achieve5

(i) for the revised security category,6

an amount equal to the defense function dis-7

cretionary reduction calculated pursuant to8

paragraph (5); and9

(ii) for the revised nonsecurity cat-10

egory, an amount equal to the nondefense11

function discretionary reduction calculated12

pursuant to paragraph (6).13

(B) F ISCAL YEARS 20142021.On the date14

of the submission of its sequestration preview re-15

port for fiscal years 2014 through 2021 pursuant16

to section 254(c) for each of fiscal years 201417

through 2021, OMB shall reduce the discre-18

tionary spending limit19

(i) for the revised security category by20

the amount of the defense function discre-21

tionary reduction calculated pursuant to22

paragraph (5); and23

(ii) for the revised nonsecurity cat-24

egory by the amount of the nondefense func-25


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tion discretionary reduction calculated pur-1

suant to paragraph (6).2

(8) I MPLEMENTING DIRECT SPENDING REDUC-3

TIONS.On the date specified in paragraph (4) dur-4

ing each applicable year, OMB shall prepare and the5

President shall order a sequestration, effective upon6

issuance, of nonexempt direct spending to achieve the7

direct spending reduction calculated pursuant to8

paragraphs (5) and (6). When implementing the se-9

questration of direct spending pursuant to this para-10

graph, OMB shall follow the procedures specified in11

section 6 of the Statutory Pay-As-You-Go Act of 2010,12

the exemptions specified in section 255, and the spe-13

cial rules specified in section 256, except that the per-14

centage reduction for the Medicare programs specified15

in section 256(d) shall not be more than 2 percent for16

a fiscal year.17

(9) A DJUSTMENT FOR MEDICARE.If the per-18

centage reduction for the Medicare programs would19

exceed 2 percent for a fiscal year in the absence of20

paragraph (8), OMB shall increase the reduction for21

all other discretionary appropriations and direct22

spending under paragraph (6) by a uniform percent-23

age to a level sufficient to achieve the reduction re-24

quired by paragraph (6) in the non-defense function.25


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(10) I MPLEMENTATION OF REDUCTIONS.Any1

reductions imposed under this section shall be imple-2

mented in accordance with section 256(k).3

(11) REPORT.On the dates specified in para-4

graph (4), OMB shall submit a report to Congress5

containing information about the calculations re-6

quired under this section, the adjusted discretionary7

spending limits, a listing of the reductions required8

for each nonexempt direct spending account, and any9

other data and explanations that enhance public un-10

derstanding of this title and actions taken under it..11

(b) CONFORMING AMENDMENT.The table of contents12

set forth in section 250(a) of the Balanced Budget and13

Emergency Deficit Control Act of 1985 is amended by in-14

serting after the item relating to section 251 the following:15

Sec. 251A. Enforcement of budget goal..

TITLE IVJOINT SELECT COM-16

MITTEE ON DEFICIT REDUC-17

TION18

SEC. 401. ESTABLISHMENT OF JOINT SELECT COMMITTEE.19

(a) DEFINITIONS.In this title:20

(1) JOINT COMMITTEE.The term joint com-21

mittee means the Joint Select Committee on Deficit22

Reduction established under subsection (b)(1).23

(2) JOINT COMMITTEE BILL.The term joint24

committee bill means a bill consisting of the pro-25


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posed legislative language of the joint committee rec-1

ommended under subsection (b)(3)(B) and introduced2

under section 402(a).3

(b) ESTABLISHMENT OF JOINT SELECT COMMITTEE.4

(1) ESTABLISHMENT.There is established a5

joint select committee of Congress to be known as the6

Joint Select Committee on Deficit Reduction.7

(2) GOAL.The goal of the joint committee shall8

be to reduce the deficit by at least $1,500,000,000,0009

over the period of fiscal years 2012 to 2021.10

(3) DUTIES.11

(A) I N GENERAL.12

(i) I MPROVING THE SHORT-TERM AND13

LONG-TERM FISCAL IMBALANCE.The joint14

committee shall provide recommendations15

and legislative language that will signifi-16

cantly improve the short-term and long-17

term fiscal imbalance of the Federal Gov-18

ernment.19

(ii) R ECOMMENDATIONS OF COMMIT-20

TEES.Not later than October 14, 2011,21

each committee of the House of Representa-22

tives and the Senate may transmit to the23

joint committee its recommendations for24

changes in law to reduce the deficit con-25


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sistent with the goal described in paragraph1

(2) for the joint committees consideration.2

(B) REPORT, RECOMMENDATIONS, AND LEG-3

ISLATIVE LANGUAGE.4

(i) I N GENERAL.Not later than No-5

vember 23, 2011, the joint committee shall6

vote on7

(I) a report that contains a de-8

tailed statement of the findings, conclu-9

sions, and recommendations of the10

joint committee and the estimate of the11

Congressional Budget Office required12

by paragraph (5)(D)(ii); and13

(II) proposed legislative language14

to carry out such recommendations as15

described in subclause (I), which shall16

include a statement of the deficit re-17

duction achieved by the legislation over18

the period of fiscal years 2012 to 2021.19

Any change to the Rules of the House of20

Representatives or the Standing Rules of the21

Senate included in the report or legislative22

language shall be considered to be merely23

advisory.24


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(ii) A PPROVAL OF REPORT AND LEGIS-1

LATIVE LANGUAGE.The report of the joint2

committee and the proposed legislative lan-3

guage described in clause (i) shall require4

the approval of a majority of the members5

of the joint committee.6

(iii) A DDITIONAL VIEWS.A member7

of the joint committee who gives notice of an8

intention to file supplemental, minority, or9

additional views at the time of final joint10

committee vote on the approval of the report11

and legislative language under clause (ii)12

shall be entitled to 3 calendar days in13

which to file such views in writing with the14

staff director of the joint committee. Such15

views shall then be included in the joint16

committee report and printed in the same17

volume, or part thereof, and their inclusion18

shall be noted on the cover of the report. In19

the absence of timely notice, the joint com-20

mittee report may be printed and trans-21

mitted immediately without such views.22

(iv) T RANSMISSION OF REPORT AND23

LEGISLATIVE LANGUAGE.If the report and24

legislative language are approved by the25


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joint committee pursuant to clause (ii), then1

not later than December 2, 2011, the joint2

committee shall submit the joint committee3

report and legislative language described in4

clause (i) to the President, the Vice Presi-5

dent, the Speaker of the House of Represent-6

atives, and the majority and minority7

Leaders of each House of Congress.8

(v) R EPORT AND LEGISLATIVE LAN-9

GUAGE TO BE MADE PUBLIC.Upon the ap-10

proval or disapproval of the joint committee11

report and legislative language pursuant to12

clause (ii), the joint committee shall13

promptly make the full report and legisla-14

tive language, and a record of the vote,15

available to the public.16

(4) MEMBERSHIP.17

(A) I N GENERAL.The joint committee18

shall be composed of 12 members appointed pur-19

suant to subparagraph (B).20

(B) APPOINTMENT.Members of the joint21

committee shall be appointed as follows:22

(i) The majority leader of the Senate23

shall appoint three members from among24

Members of the Senate.25


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(ii) The minority leader of the Senate1

shall appoint three members from among2

Members of the Senate.3

(iii) The Speaker of the House of Rep-4

resentatives shall appoint three members5

from among Members of the House of Rep-6

resentatives.7

(iv) The minority leader of the House8

of Representatives shall appoint three mem-9

bers from among Members of the House of10

Representatives.11

(C) CO-CHAIRS.12

(i) I N GENERAL.There shall be two13

Co-Chairs of the joint committee. The ma-14

jority leader of the Senate shall appoint one15

Co-Chair from among the members of the16

joint committee. The Speaker of the House17

of Representatives shall appoint the second18

Co-Chair from among the members of the19

joint committee. The Co-Chairs shall be ap-20

pointed not later than 14 calendar days21

after the date of enactment of this Act.22

(ii) STAFF DIRECTOR.The Co-Chairs,23

acting jointly, shall hire the staff director of24

the joint committee.25


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(D) DATE.Members of the joint committee1

shall be appointed not later than 14 calendar2

days after the date of enactment of this Act.3

(E) P ERIOD OF APPOINTMENT.Members4

shall be appointed for the life of the joint com-5

mittee. Any vacancy in the joint committee shall6

not affect its powers, but shall be filled not later7

than 14 calendar days after the date on which8

the vacancy occurs, in the same manner as the9

original designation was made. If a member of10

the joint committee ceases to be a Member of the11

House of Representatives or the Senate, as the12

case may be, the member is no longer a member13

of the joint committee and a vacancy shall exist.14

(5) ADMINISTRATION.15

(A) I N GENERAL.To enable the joint com-16

mittee to exercise its powers, functions, and du-17

ties, there are authorized to be disbursed by the18

Senate the actual and necessary expenses of the19

joint committee approved by the co-chairs, sub-20

ject to the rules and regulations of the Senate.21

(B) EXPENSES.In carrying out its func-22

tions, the joint committee is authorized to incur23

expenses in the same manner and under the24

same conditions as the Joint Economic Com-25


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mittee is authorized by section 11 of Public Law1

79304 (15 U.S.C. 1024 (d)).2

(C) QUORUM.Seven members of the joint3

committee shall constitute a quorum for purposes4

of voting, meeting, and holding hearings.5

(D) VOTING.6

(i) P ROXY VOTING.No proxy voting7

shall be allowed on behalf of the members of8

the joint committee.9

(ii) CONGRESSIONAL BUDGET OFFICE10

ESTIMATES.The Congressional Budget Of-11

fice shall provide estimates of the legislation12

(as described in paragraph (3)(B)) in ac-13

cordance with sections 308(a) and 201(f) of14

the Congressional Budget Act of 1974 (215

U.S.C. 639(a) and 601(f))(including esti-16

mates of the effect of interest payment on17

the debt). In addition, the Congressional18

Budget Office shall provide information on19

the budgetary effect of the legislation beyond20

the year 2021. The joint committee may not21

vote on any version of the report, rec-22

ommendations, or legislative language un-23

less such estimates are available for consid-24

eration by all members of the joint com-25


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mittee at least 48 hours prior to the vote as1

certified by the Co-Chairs.2

(E) MEETINGS.3

(i) I NITIAL MEETING.Not later than4

45 calendar days after the date of enact-5

ment of this Act, the joint committee shall6

hold its first meeting.7

(ii) AGENDA.The Co-Chairs of the8

joint committee shall provide an agenda to9

the joint committee members not less than10

48 hours in advance of any meeting.11

(F) HEARINGS.12

(i) I N GENERAL.The joint committee13

may, for the purpose of carrying out this14

section, hold such hearings, sit and act at15

such times and places, require attendance of16

witnesses and production of books, papers,17

and documents, take such testimony, receive18

such evidence, and administer such oaths as19

the joint committee considers advisable.20

(ii) H EARING PROCEDURES AND RE-21

SPONSIBILITIES OF CO-CHAIRS.22

(I) ANNOUNCEMENT.The Co-23

Chairs of the joint committee shall24

make a public announcement of the25


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date, place, time, and subject matter of1

any hearing to be conducted, not less2

than 7 days in advance of such hear-3

ing, unless the Co-Chairs determine4

that there is good cause to begin such5

hearing at an earlier date.6

(II) W RITTEN STATEMENT.A7

witness appearing before the joint com-8

mittee shall file a written statement of9

proposed testimony at least 2 calendar10

days before the appearance of the wit-11

ness, unless the requirement is waived12

by the Co-Chairs, following their deter-13

mination that there is good cause for14

failure to comply with such require-15

ment.16

(G) T ECHNICAL ASSISTANCE.Upon writ-17

ten request of the Co-Chairs, a Federal agency18

shall provide technical assistance to the joint19

committee in order for the joint committee to20

carry out its duties.21

(c) STAFF OF JOINT COMMITTEE.22

(1) I N GENERAL.The Co-Chairs of the joint23

committee may jointly appoint and fix the compensa-24

tion of staff as they deem necessary, within the guide-25


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lines for employees of the Senate and following all ap-1

plicable rules and employment requirements of the2

Senate.3

(2) ETHICAL STANDARDS.Members on the joint4

committee who serve in the House of Representatives5

shall be governed by the ethics rules and requirements6

of the House. Members of the Senate who serve on the7

joint committee and staff of the joint committee shall8

comply with the ethics rules of the Senate.9

(d) TERMINATION.The joint committee shall termi-10

nate on January 31, 2012.11

SEC. 402. EXPEDITED CONSIDERATION OF JOINT COM-12

MITTEE RECOMMENDATIONS.13

(a) INTRODUCTION.If approved by the majority re-14

quired by section 401(b)(3)(B)(ii), the proposed legislative15

language submitted pursuant to section 401(b)(3)(B)(iv)16

shall be introduced in the Senate (by request) on the next17

day on which the Senate is in session by the majority leader18

of the Senate or by a Member of the Senate designated by19

the majority leader of the Senate and shall be introduced20

in the House of Representatives (by request) on the next21

legislative day by the majority leader of the House or by22

a Member of the House designated by the majority leader23

of the House.24


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(b) CONSIDERATION IN THE HOUSE OFREPRESENTA-1

TIVES.2

(1) R EFERRAL AND REPORTING.Any committee3

of the House of Representatives to which the joint4

committee bill is referred shall report it to the House5

without amendment not later than December 9, 2011.6

If a committee fails to report the joint committee bill7

within that period, it shall be in order to move that8

the House discharge the committee from further con-9

sideration of the bill. Such a motion shall not be in10

order after the last committee authorized to consider11

the bill reports it to the House or after the House has12

disposed of a motion to discharge the bill. The pre-13

vious question shall be considered as ordered on the14

motion to its adoption without intervening motion ex-15

cept 20 minutes of debate equally divided and con-16

trolled by the proponent and an opponent. If such a17

motion is adopted, the House shall proceed imme-18

diately to consider the joint committee bill in accord-19

ance with paragraphs (2) and (3). A motion to recon-20

sider the vote by which the motion is disposed of shall21

not be in order.22

(2) P ROCEEDING TO CONSIDERATION.After the23

last committee authorized to consider a joint com-24

mittee bill reports it to the House or has been dis-25


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charged (other than by motion) from its consider-1

ation, it shall be in order to move to proceed to con-2

sider the joint committee bill in the House. Such a3

motion shall not be in order after the House has dis-4

posed of a motion to proceed with respect to the joint5

committee bill. The previous question shall be consid-6

ered as ordered on the motion to its adoption without7

intervening motion. A motion to reconsider the vote8

by which the motion is disposed of shall not be in9

order.10

(3) CONSIDERATION.The joint committee bill11

shall be considered as read. All points of order12

against the joint committee bill and against its con-13

sideration are waived. The previous question shall be14

considered as ordered on the joint committee bill to its15

passage without intervening motion except 2 hours of16

debate equally divided and controlled by the pro-17

ponent and an opponent and one motion to limit de-18

bate on the joint committee bill. A motion to recon-19

sider the vote on passage of the joint committee bill20

shall not be in order.21

(4) VOTE ON PASSAGE.The vote on passage of22

the joint committee bill shall occur not later than De-23

cember 23, 2011.24

(c) EXPEDITEDPROCEDURE IN THE SENATE.25


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(1) COMMITTEE CONSIDERATION.A joint com-1

mittee bill introduced in the Senate under subsection2

(a) shall be jointly referred to the committee or com-3

mittees of jurisdiction, which committees shall report4

the bill without any revision and with a favorable5

recommendation, an unfavorable recommendation, or6

without recommendation, not later than December 9,7

2011. If any committee fails to report the bill within8

that period, that committee shall be automatically9

discharged from consideration of the bill, and the bill10

shall be placed on the appropriate calendar.11

(2) MOTION TO PROCEED.Notwithstanding12

Rule XXII of the Standing Rules of the Senate, it is13

in order, not later than 2 days of session after the14

date on which a joint committee bill is reported or15

discharged from all committees to which it was re-16

ferred, for the majority leader of the Senate or the17

majority leaders designee to move to proceed to the18

consideration of the joint committee bill. It shall also19

be in order for any Member of the Senate to move to20

proceed to the consideration of the joint committee bill21

at any time after the conclusion of such 2-day period.22

A motion to proceed is in order even though a pre-23

vious motion to the same effect has been disagreed to.24

All points of order against the motion to proceed to25


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the joint committee bill are waived. The motion to1

proceed is not debatable. The motion is not subject to2

a motion to postpone. A motion to reconsider the vote3

by which the motion is agreed to or disagreed to shall4

not be in order. If a motion to proceed to the consid-5

eration of the joint committee bill is agreed to, the6

joint committee bill shall remain the unfinished busi-7

ness until disposed of.8

(3) CONSIDERATION.All points of order against9

the joint committee bill and against consideration of10

the joint committee bill are waived. Consideration of11

the joint committee bill and of all debatable motions12

and appeals in connection therewith shall not exceed13

a total of 30 hours which shall be divided equally be-14

tween the Majority and Minority Leaders or their15

designees. A motion further to limit debate on the16

joint committee bill is in order, shall require an af-17

firmative vote of three-fifths of the Members duly cho-18

sen and sworn, and is not debatable. Any debatable19

motion or appeal is debatable for not to exceed 120

hour, to be divided equally between those favoring and21

those opposing the motion or appeal. All time used for22

consideration of the joint committee bill, including23

time used for quorum calls and voting, shall be count-24

ed against the total 30 hours of consideration.25


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(4) NO AMENDMENTS.An amendment to the1

joint committee bill, or a motion to postpone, or a2

motion to proceed to the consideration of other busi-3

ness, or a motion to recommit the joint committee4

bill, is not in order.5

(5) VOTE ON PASSAGE.If the Senate has voted6

to proceed to the joint committee bill, the vote on pas-7

sage of the joint committee bill shall occur imme-8

diately following the conclusion of the debate on a9

joint committee bill, and a single quorum call at the10

conclusion of the debate if requested. The vote on pas-11

sage of the joint committee bill shall occur not later12

than December 23, 2011.13

(6) RULINGS OF THE CHAIR ON PROCEDURE.14

Appeals from the decisions of the Chair relating to the15

application of the rules of the Senate, as the case may16

be, to the procedure relating to a joint committee bill17

shall be decided without debate.18

(d) AMENDMENT.The joint committee bill shall not19

be subject to amendment in either the House of Representa-20

tives or the Senate.21

(e) CONSIDERATION BY THE OTHERHOUSE.22

(1) I N GENERAL.If, before passing the joint23

committee bill, one House receives from the other a24

joint committee bill25


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(A) the joint committee bill of the other1

House shall not be referred to a committee; and2

(B) the procedure in the receiving House3

shall be the same as if no joint committee bill4

had been received from the other House until the5

vote on passage, when the joint committee bill re-6

ceived from the other House shall supplant the7

joint committee bill of the receiving House.8

(2) R EVENUE MEASURE.This subsection shall9

not apply to the House of Representatives if the joint10

committee bill received from the Senate is a revenue11

measure.12

(f) RULES TO COORDINATE ACTION WITH OTHER13

HOUSE.14

(1) T REATMENT OF JOINT COMMITTEE BILL OF15

OTHER HOUSE.If the Senate fails to introduce or16

consider a joint committee bill under this section, the17

joint committee bill of the House shall be entitled to18

expedited floor procedures under this section.19

(2) T REATMENT OF COMPANION MEASURES IN20

THE SENATE.If following passage of the joint com-21

mittee bill in the Senate, the Senate then receives the22

joint committee bill from the House of Representa-23

tives, the House-passed joint committee bill shall not24

be debatable. The vote on passage of the joint com-25


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m

s. 365 - budget control act of 2011

Documents