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8/6/2019 S365 ct 1206
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[Rules Committee Amendment to S. 365]
TEXT OF BUDGET CONTROLACTAMENDMENT
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 ControlAct 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.
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Sec. 502. Termination of authority to make interest subsidized loans to grad-
uate 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 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
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that account at that time by the uniform percentage1
necessary to eliminate a breach within that category.2
(3) MILITARY PERSONNEL.If the President3
uses the authority to exempt any personnel account4
from sequestration under section 255(f), each ac-5
count within subfunctional category 051 (other than6
those military personnel accounts for which the au-7
thority provided under section 255(f) has been exer-8
cised) shall be further reduced by a dollar amount9
calculated by multiplying the enacted level of non-ex-10
empt budgetary resources in that account at that11
time by the uniform percentage necessary to offset12
the total dollar amount by which outlays are not re-13
duced in military personnel accounts by reason of14
the use of such authority.15
(4) PART- YEAR APPROPRIATIONS.If, on the16
date specified in paragraph (1), there is in effect an17
Act making or continuing appropriations for part of18
a fiscal year for any budget account, then the dollar19
sequestration calculated for that account under20
paragraphs (2) and (3) shall be subtracted from21
(A) the annualized amount otherwise22
available by law in that account under that or23
a subsequent part-year appropriation; and24
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(B) when a full-year appropriation for1
that account is enacted, from the amount other-2
wise provided by the full-year appropriation for3
that account.4
(5) LOOK-BACK.If, after June 30, an appro-5
priation for the fiscal year in progress is enacted6
that causes a breach within a category for that year7
(after taking into account any sequestration of8
amounts within that category), the discretionary9
spending limits for that category for the next fiscal10
year shall be reduced by the amount or amounts of11
that breach.12
(6) WITHIN-SESSION SEQUESTRATION.If an13
appropriation for a fiscal year in progress is enacted14
(after Congress adjourns to end the session for that15
budget year and before July 1 of that fiscal year)16
that causes a breach within a category for that year17
(after taking into account any prior sequestration of18
amounts within that category), 15 days later there19
shall be a sequestration to eliminate that breach20
within that category following the procedures set21
forth in paragraphs (2) through (4).22
(7) ESTIMATES.23
(A) CBO ESTIMATES.As soon as prac-24
ticable after Congress completes action on any25
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discretionary appropriation, CBO, after con-1
sultation with the Committees on the Budget of2
the House of Representatives and the Senate,3
shall provide OMB with an estimate of the4
amount of discretionary new budget authority5
and outlays for the current year, if any, and the6
budget year provided by that legislation.7
(B) OMB ESTIMATES AND EXPLANATION8
OF DIFFERENCES.Not later than 7 calendar9
days (excluding Saturdays, Sundays, and legal10
holidays) after the date of enactment of any11
discretionary appropriation, OMB shall trans-12
mit a report to the House of Representatives13
and to the Senate containing the CBO estimate14
of that legislation, an OMB estimate of the15
amount of discretionary new budget authority16
and outlays for the current year, if any, and the17
budget year provided by that legislation, and an18
explanation of any difference between the 2 es-19
timates. If during the preparation of the report20
OMB determines that there is a significant dif-21
ference between OMB and CBO, OMB shall22
consult with the Committees on the Budget of23
the House of Representatives and the Senate24
regarding that difference and that consultation25
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shall include, to the extent practicable, written1
communication to those committees that affords2
such committees the opportunity to comment3
before the issuance of the report.4
(C) ASSUMPTIONS AND GUIDELINES.5
OMB estimates under this paragraph shall be6
made using current economic and technical as-7
sumptions. OMB shall use the OMB estimates8
transmitted to the Congress under this para-9
graph. OMB and CBO shall prepare estimates10
under this paragraph in conformance with11
scorekeeping guidelines determined after con-12
sultation among the Committees on the Budget13
of the House of Representatives and the Sen-14
ate, CBO, and OMB.15
(D) ANNUAL APPROPRIATIONS.For16
purposes of this paragraph, amounts provided17
by annual appropriations shall include any dis-18
cretionary appropriations for the current year,19
if any, and the budget year in accounts for20
which funding is provided in that legislation21
that result from previously enacted legislation.22
(b) ADJUSTMENTS TO DISCRETIONARY SPENDING23
LIMITS.24
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(1) CONCEPTS AND DEFINITIONS.When the1
President submits the budget under section 1105 of2
title 31, United States Code, OMB shall calculate3
and the budget shall include adjustments to discre-4
tionary spending limits (and those limits as cumula-5
tively adjusted) for the budget year and each out-6
year to reflect changes in concepts and definitions.7
Such changes shall equal the baseline levels of new8
budget authority and outlays using up-to-date con-9
cepts and definitions, minus those levels using the10
concepts and definitions in effect before such11
changes. Such changes may only be made after con-12
sultation with the Committees on Appropriations13
and the Budget of the House of Representatives and14
the Senate, and that consultation shall include writ-15
ten communication to such committees that affords16
such committees the opportunity to comment before17
official action is taken with respect to such changes.18
(2) SEQUESTRATION REPORTS.When OMB19
submits a sequestration report under section 254(e),20
(f), or (g) for a fiscal year, OMB shall calculate, and21
the sequestration report and subsequent budgets22
submitted by the President under section 1105(a) of23
title 31, United States Code, shall include adjust-24
ments to discretionary spending limits (and those25
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limits as adjusted) for the fiscal year and each suc-1
ceeding year, as follows:2
(A) EMERGENCY APPROPRIATIONS; OVER-3
SEAS CONTINGENCY OPERATIONS/GLOBAL WAR4
ON TERRORISM.If, for any fiscal year, appro-5
priations for discretionary accounts are enacted6
that7
(i) the Congress designates as emer-8
gency requirements in statute on an ac-9
count by account basis and the President10
subsequently so designates, or11
(ii) the Congress designates for12
Overseas Contingency Operations/Global13
War on Terrorism in statute on an account14
by account basis and the President subse-15
quently so designates,16
the adjustment shall be the total of such appro-17
priations in discretionary accounts designated18
as emergency requirements or for Overseas19
Contingency Operations/Global War on Ter-20
rorism, as applicable.21
(B) CONTINUING DISABILITY REVIEWS22
AND REDETERMINATIONS.(i) If a bill or joint23
resolution making appropriations for a fiscal24
year is enacted that specifies an amount for25
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(VI) for fiscal year 2017,1
$1,309,000,000 in additional new budget2
authority;3
(VII) for fiscal year 2018,4
$1,309,000,000 in additional new budget5
authority;6
(VIII) for fiscal year 2019,7
$1,309,000,000 in additional new budget8
authority;9
(IX) for fiscal year 2020,10
$1,309,000,000 in additional new budget11
authority; and12
(X) for fiscal year 2021,13
$1,309,000,000 in additional new budget14
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) of19
the Social Security Act;20
(II) the term redetermination21
means redetermination of eligibility under22
sections 1611(c)(1) and 1614(a)(3)(H) of23
the Social Security Act; and24
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11[Rules Committee Amendment to S. 365]
(III) the term additional new budget1
authority means the amount provided for2
a fiscal year, in excess of $273,000,000, in3
an appropriation Act and specified to pay4
for the costs of continuing disability re-5
views and redeterminations under the6
heading Limitation on Administrative Ex-7
penses for the Social Security Administra-8
tion.9
(C) HEALTH CARE FRAUD AND ABUSE10
CONTROL.(i) If a bill or joint resolution mak-11
ing appropriations for a fiscal year is enacted12
that specifies an amount for the health care13
fraud abuse control program at the Department14
of Health and Human Services (7583930715
571), then the adjustments for that fiscal year16
shall be the amount of additional new budget17
authority provided in that Act for such program18
for that fiscal year, but shall not exceed19
(I) for fiscal year 2012,20
$270,000,000 in additional new budget au-21
thority;22
(II) for fiscal year 2013,23
$299,000,000 in additional new budget au-24
thority;25
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(III) for fiscal year 2014,1
$329,000,000 in additional new budget au-2
thority;3
(IV) for fiscal year 2015,4
$361,000,000 in additional new budget au-5
thority;6
(V) for fiscal year 2016,7
$395,000,000 in additional new budget au-8
thority;9
(VI) for fiscal year 2017,10
$414,000,000 in additional new budget au-11
thority;12
(VII) for fiscal year 2018,13
$434,000,000 in additional new budget au-14
thority;15
(VIII) for fiscal year 2019,16
$454,000,000 in additional new budget au-17
thority;18
(IX) for fiscal year 2020,19
$475,000,000 in additional new budget au-20
thority; and21
(X) for fiscal year 2021,22
$496,000,000 in additional new budget au-23
thority.24
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14[Rules Committee Amendment to S. 365]
culated in subclause (I) for that fiscal1
year, that is the difference between2
the enacted amount and the allowable3
adjustment as calculated in such sub-4
clause for that fiscal year.5
(ii) OMB shall report to the Com-6
mittees on Appropriations and Budget in7
each House the average calculated pursu-8
ant to clause (i)(II), not later than 30 days9
after the date of the enactment of the10
Budget Control Act of 2011.11
(iii) For the purposes of this sub-12
paragraph, the term disaster relief means13
activities carried out pursuant to a deter-14
mination under section 102(2) of the Rob-15
ert T. Stafford Disaster Relief and Emer-16
gency Assistance Act (42 U.S.C. 5122(2)).17
(iv) Appropriations considered dis-18
aster relief under this subparagraph in a19
fiscal year shall not be eligible for adjust-20
ments under subparagraph (A) for the fis-21
cal year.22
(c) DISCRETIONARY SPENDING LIMIT.As used in23
this part, the term discretionary spending limit means24
(1) with respect to fiscal year 201225
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(8) with respect to fiscal year 2019, for the1
discretionary category, $1,182,000,000,000 in new2
budget authority;3
(9) with respect to fiscal year 2020, for the4
discretionary category, $1,208,000,000,000 in new5
budget authority; and6
(10) with respect to fiscal year 2021, for the7
discretionary category, $1,234,000,000,000 in new8
budget authority;9
as adjusted in strict conformance with subsection (b)..10
SEC. 102. DEFINITIONS.11
Section 250(c) of the Balanced Budget and Emer-12
gency Deficit Control Act of 1985 is amended as follows:13
(1) Strike paragraph (4) and insert the fol-14
lowing new paragraph:15
(4)(A) The term nonsecurity category means16
all discretionary appropriations not included in the17
security category defined in subparagraph (B).18
(B) The term security category includes dis-19
cretionary appropriations associated with agency20
budgets for the Department of Defense, the Depart-21
ment of Homeland Security, the Department of Vet-22
erans Affairs, the National Nuclear Security Admin-23
istration, the intelligence community management24
account (95040101054), and all budget ac-25
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17[Rules Committee Amendment to S. 365]
counts in budget function 150 (international af-1
fairs).2
(C) The term discretionary category includes3
all discretionary appropriations..4
(2) In paragraph (8)(C), strike the food stamp5
program and insert the Supplemental Nutrition6
Assistance Program.7
(3) Strike paragraph (14) and insert the fol-8
lowing new paragraph:9
(14) The term outyear means a fiscal year10
one or more years after the budget year..11
(4) At the end, add the following new para-12
graphs:13
(20) The term emergency means a situation14
that15
(A) requires new budget authority and16
outlays (or new budget authority and the out-17
lays flowing therefrom) for the prevention or18
mitigation of, or response to, loss of life or19
property, or a threat to national security; and20
(B) is unanticipated.21
(21) The term unanticipated means that the22
underlying situation is23
(A) sudden, which means quickly coming24
into being or not building up over time;25
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18[Rules Committee Amendment to S. 365]
(B) urgent, which means a pressing and1
compelling need requiring immediate action;2
(C) unforeseen, which means not pre-3
dicted or anticipated as an emerging need; and4
(D) temporary, which means not of a per-5
manent duration..6
SEC. 103. REPORTS AND ORDERS.7
Section 254 of the Balanced Budget and Emergency8
Deficit Control Act of 1985 is amended as follows:9
(1) In subsection (c)(2), strike 2002 and in-10
sert 2021.11
(2) At the end of subsection (e), insert This12
report shall also contain a preview estimate of the13
adjustment for disaster funding for the upcoming14
fiscal year..15
(3) In subsection (f)(2)(A), strike 2002 and16
insert 2021; before the concluding period insert ,17
including a final estimate of the adjustment for dis-18
aster funding.19
SEC. 104. EXPIRATION.20
(a) REPEALER.Section 275 of the Balanced Budget21
and Emergency Deficit Control Act of 1985 is repealed.22
(b) CONFORMING CHANGE.Sections 252(d)(1),23
254(c), 254(f)(3), and 254(i) of the Balanced Budget and24
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Emergency Deficit Control Act of 1985 shall not apply1
to the Congressional Budget Office.2
SEC. 105. AMENDMENTS TO THE CONGRESSIONAL BUDGET3
AND IMPOUNDMENT CONTROL ACT OF 1974.4
(a) ADJUSTMENTS.Section 314 of the Congres-5
sional Budget Act of 1974 is amended as follows:6
(1) Strike subsection (a) and insert the fol-7
lowing:8
(a) ADJUSTMENTS.After the reporting of a bill or9
joint resolution or the offering of an amendment thereto10
or the submission of a conference report thereon, the11
chairman of the Committee on the Budget of the House12
of Representatives or the Senate may make appropriate13
budgetary adjustments of new budget authority and the14
outlays flowing therefrom in the same amount as required15
by section 251(b) of the Balanced Budget and Emergency16
Deficit Control Act of 1985..17
(2) Strike subsections (b) and (e) and redesig-18
nate subsections (c) and (d) as subsections (b) and19
(c), respectively.20
(3) At the end, add the following new sub-21
sections:22
(d) EMERGENCIES IN THE HOUSE OF REPRESENTA-23
TIVES. (1) In the House of Representatives, if a re-24
ported bill or joint resolution, or amendment thereto or25
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conference report thereon, contains a provision providing1
new budget authority and outlays or reducing revenue,2
and a designation of such provision as an emergency re-3
quirement pursuant to 251(b)(2)(A) of the Balanced4
Budget and Emergency Deficit Control Act of 1985, the5
chair of the Committee on the Budget of the House of6
Representatives shall not count the budgetary effects of7
such provision for purposes of title III and title IV of the8
Congressional Budget Act of 1974 and the Rules of the9
House of Representatives.10
(2)(A) In the House of Representatives, if a re-11
ported bill or joint resolution, or amendment thereto or12
conference report thereon, contains a provision providing13
new budget authority and outlays or reducing revenue,14
and a designation of such provision as an emergency pur-15
suant to paragraph (1), the chair of the Committee on16
the Budget shall not count the budgetary effects of such17
provision for purposes of this title and title IV and the18
Rules of the House of Representatives.19
(B) In the House of Representatives, a proposal to20
strike a designation under subparagraph (A) shall be ex-21
cluded from an evaluation of budgetary effects for pur-22
poses of this title and title IV and the Rules of the House23
of Representatives.24
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(C) An amendment offered under subparagraph (B)1
that also proposes to reduce each amount appropriated or2
otherwise made available by the pending measure that is3
not required to be appropriated or otherwise made avail-4
able shall be in order at any point in the reading of the5
pending measure.6
(e) ENFORCEMENT OF DISCRETIONARY SPENDING7
CAPS.It shall not be in order in the House of Represent-8
atives or the Senate to consider any bill, joint resolution,9
amendment, motion, or conference report that would cause10
the discretionary spending limits as set forth in section11
251 of the Balanced Budget and Emergency Deficit Con-12
trol Act to be exceeded..13
(b) DEFINITIONS.Section 3 of the Congressional14
Budget and Impoundment Control Act of 1974 is amend-15
ed by adding at the end the following new paragraph:16
(11) The terms emergency and unantici-17
pated have the meanings given to such terms in sec-18
tion 250(c) of the Balanced Budget and Emergency19
Deficit Control Act of 1985..20
(c) APPEALS FOR DISCRETIONARY CAPS.Section21
904(c)(2) of the Congressional Budget Act of 1974 is22
amended by striking and 312(c) and inserting 312(c),23
and 314(e).24
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22[Rules Committee Amendment to S. 365]
SEC. 106. SENATE BUDGET ENFORCEMENT.1
(a) IN GENERAL.2
(1) For the purpose of enforcing the Congres-3
sional Budget Act of 1974 through April 15, 2012,4
including section 300 of that Act, and enforcing5
budgetary points of order in prior concurrent resolu-6
tions on the budget, the allocations, aggregates, and7
levels set in subsection (b)(1) shall apply in the Sen-8
ate in the same manner as for a concurrent resolu-9
tion on the budget for fiscal year 2012 with appro-10
priate budgetary levels for fiscal years 2011 and11
2013 through 2021.12
(2) For the purpose of enforcing the Congres-13
sional Budget Act of 1974 after April 15, 2012, in-14
cluding section 300 of that Act, and enforcing budg-15
etary points of order in prior concurrent resolutions16
on the budget, the allocations, aggregates, and levels17
set in subsection (b)(2) shall apply in the Senate in18
the same manner as for a concurrent resolution on19
the budget for fiscal year 2013 with appropriate20
budgetary levels for fiscal years 2012 and 201421
through 2022.22
(b) COMMITTEE ALLOCATIONS, AGGREGATES, AND23
LEVELS.24
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23[Rules Committee Amendment to S. 365]
(1) As soon as practicable after the date of en-1
actment of this section, the Chairman of the Com-2
mittee on the Budget shall file3
(A) for the Committee on Appropriations,4
committee allocations for fiscal years 2011 and5
2012 consistent with the discretionary spending6
limits set forth in this Act for the purpose of7
enforcing section 302 of the Congressional8
Budget Act of 1974;9
(B) for all committees other than the Com-10
mittee on Appropriations, committee allocations11
for fiscal years 2011, 2012, 2012 through12
2016, and 2012 through 2021 consistent with13
the Congressional Budget Offices March 201114
baseline adjusted to account for the budgetary15
effects of this Act and legislation enacted prior16
to this Act but not included in the Congres-17
sional Budget Offices March 2011 baseline, for18
the purpose of enforcing section 302 of the19
Congressional Budget Act of 1974;20
(C) aggregate spending levels for fiscal21
years 2011 and 2012 and aggregate revenue22
levels for fiscal years 2011, 2012, 2012 through23
2016, 2012 through 2021 consistent with the24
Congressional Budget Offices March 201125
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24[Rules Committee Amendment to S. 365]
baseline adjusted to account for the budgetary1
effects of this Act and legislation enacted prior2
to this Act but not included in the Congres-3
sional Budget Offices March 2011 baseline,4
and the discretionary spending limits set forth5
in this Act for the purpose of enforcing section6
311 of the Congressional Budget Act of 1974;7
and8
(D) levels of Social Security revenues and9
outlays for fiscal years 2011, 2012, 201210
through 2016, and 2012 through 2021 con-11
sistent with the Congressional Budget Offices12
March 2011 baseline adjusted to account for13
the budgetary effects of this Act and legislation14
enacted prior to this Act but not included in the15
Congressional Budget Offices March 201116
baseline, for the purpose of enforcing sections17
302 and 311 of the Congressional Budget Act18
of 1974.19
(2) Not later than April 15, 2012, the Chair-20
man of the Committee on the Budget shall file21
(A) for the Committee on Appropriations,22
committee allocations for fiscal years 2012 and23
2013 consistent with the discretionary spending24
limits set forth in this Act for the purpose of25
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25[Rules Committee Amendment to S. 365]
enforcing section 302 of the Congressional1
Budget Act of 1974;2
(B) for all committees other than the Com-3
mittee on Appropriations, committee allocations4
for fiscal years 2012, 2013, 2013 through5
2017, and 2013 through 2022 consistent with6
the Congressional Budget Offices March 20127
baseline for the purpose of enforcing section8
302 of the Congressional Budget Act of 1974;9
(C) aggregate spending levels for fiscal10
years 2012 and 2013 and aggregate revenue11
levels for fiscal years 2012, 2013, 20132017,12
and 20132022 consistent with the Congres-13
sional Budget Offices March 2012 baseline and14
the discretionary spending limits set forth in15
this Act for the purpose of enforcing section16
311 of the Congressional Budget Act of 1974;17
and18
(D) levels of Social Security revenues and19
outlays for fiscal years 2012 and 2013, 201320
2017, and 20132022 consistent with the Con-21
gressional Budget Offices March 2012 baseline22
budget for the purpose of enforcing sections23
302 and 311 of the Congressional Budget Act24
of 1974.25
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26[Rules Committee Amendment to S. 365]
(c) SENATE PAY-AS-YOU-GO SCORECARD.1
(1) Effective on the date of enactment of this2
section, for the purpose of enforcing section 201 of3
S. Con. Res. 21 (110th Congress), the Chairman of4
the Senate Committee on the Budget shall reduce5
any balances of direct spending and revenues for any6
fiscal year to 0 (zero).7
(2) Not later than April 15, 2012, for the pur-8
pose of enforcing section 201 of S. Con. Res. 219
(110th Congress), the Chairman of the Senate Com-10
mittee on the Budget shall reduce any balances of11
direct spending and revenues for any fiscal year to12
0 (zero).13
(3) Upon resetting the Senate paygo scorecard14
pursuant to paragraph (2), the Chairman shall pub-15
lish a notification of such action in the Congres-16
sional Record.17
(d) FURTHERADJUSTMENTS.18
(1) The Chairman of the Committee on the19
Budget of the Senate may revise any allocations, ag-20
gregates, or levels set pursuant to this section to ac-21
count for any subsequent adjustments to discre-22
tionary spending limits made pursuant to this Act.23
(2) With respect to any allocations, aggregates,24
or levels set or adjustments made pursuant to this25
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27[Rules Committee Amendment to S. 365]
section, sections 412 through 414 of S. Con. Res. 131
(111th Congress) shall remain in effect.2
(e) EXPIRATION.3
(1) Subections (a)(1), (b)(1), and (c)(1) shall4
expire if a concurrent resolution on the budget for5
fiscal year 2012 is agreed to by the Senate and6
House of Representatives pursuant to section 301 of7
the Congressional Budget Act of 1974.8
(2) Subections (a)(2), (b)(2), and (c)(2) shall9
expire if a concurrent resolution on the budget for10
fiscal year 2013 is agreed to by the Senate and11
House of Representatives pursuant to section 301 of12
the Congressional Budget Act of 1974.13
TITLE IIVOTE ON THE BAL-14
ANCED BUDGET AMENDMENT15
SEC. 201. VOTE ON THE BALANCED BUDGET AMENDMENT.16
After September 30, 2011, and not later than Decem-17
ber 31, 2011, the House of Representatives and Senate,18
respectively, shall vote on passage of a joint resolution,19
the title of which is as follows: Joint resolution proposing20
a balanced budget amendment to the Constitution of the21
United States..22
SEC. 202. CONSIDERATION BY THE OTHER HOUSE.23
(a) HOUSE CONSIDERATION.24
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28[Rules Committee Amendment to S. 365]
(1) REFERRAL.If the House receives a joint1
resolution described in section 201 from the Senate,2
such joint resolution shall be referred to the Com-3
mittee on the Judiciary. If the committee fails to re-4
port the joint resolution within five legislative days,5
it shall be in order to move that the House discharge6
the committee from further consideration of the7
joint resolution. Such a motion shall not be in order8
after the House has disposed of a motion to dis-9
charge the joint resolution. The previous question10
shall be considered as ordered on the motion to its11
adoption without intervening motion except twenty12
minutes of debate equally divided and controlled by13
the proponent and an opponent. If such a motion is14
adopted, the House shall proceed immediately to15
consider the joint resolution in accordance with16
paragraph (3). A motion to reconsider the vote by17
which the motion is disposed of shall not be in order.18
(2) PROCEEDING TO CONSIDERATION.After19
the joint resolution has been referred to the appro-20
priate calendar or the committee has been dis-21
charged (other than by motion) from its consider-22
ation, it shall be in order to move to proceed to con-23
sider the joint resolution in the House. Such a mo-24
tion shall not be in order after the House has dis-25
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29[Rules Committee Amendment to S. 365]
posed of a motion to proceed with respect to the1
joint resolution. The previous question shall be con-2
sidered as ordered on the motion to its adoption3
without intervening motion. A motion to reconsider4
the vote by which the motion is disposed of shall not5
be in order.6
(3) CONSIDERATION.The joint resolution7
shall be considered as read. All points of order8
against the joint resolution and against its consider-9
ation are waived. The previous question shall be con-10
sidered as ordered on the joint resolution to its pas-11
sage without intervening motion except two hours of12
debate equally divided and controlled by the pro-13
ponent and an opponent and one motion to limit de-14
bate on the joint resolution. A motion to reconsider15
the vote on passage of the joint resolution shall not16
be in order.17
(b) SENATE CONSIDERATION.(1) If the Senate re-18
ceives a joint resolution described in section 201 from the19
House of Representatives, such joint resolution shall be20
referred to the appropriate committee of the Senate. If21
such committee has not reported the joint resolution at22
the close of the fifth session day after its receipt by the23
Senate, such committee shall be automatically discharged24
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30[Rules Committee Amendment to S. 365]
from further consideration of the joint resolution and it1
shall be placed on the appropriate calendar.2
(2) Consideration of the joint resolution and on all3
debatable motions and appeals in connection therewith,4
shall be limited to not more than 20 hours, which shall5
be divided equally between the majority and minority lead-6
ers or their designees. A motion further to limit debate7
is in order and not debatable. An amendment to, or a mo-8
tion to postpone, or a motion to proceed to the consider-9
ation of other business, or a motion to recommit the joint10
resolution is not in order. Any debatable motion or appeal11
is debatable for not to exceed 1 hour, to be divided equally12
between those favoring and those opposing the motion or13
appeal. All time used for consideration of the joint resolu-14
tion, including time used for quorum calls and voting,15
shall be counted against the total 20 hours of consider-16
ation.17
(3) If the Senate has voted to proceed to a joint reso-18
lution, the vote on passage of the joint resolution shall19
be taken on or before the close of the seventh session day20
after such joint resolution has been reported or discharged21
or immediately following the conclusion of consideration22
of the joint resolution, and a single quorum call at the23
conclusion of the debate if requested in accordance with24
the rules of the Senate.25
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32[Rules Committee Amendment to S. 365]
Upon submission of such certification, the limit1
on debt provided in section 3101(b) (referred to2
in this section as the debt limit) is increased3
by $400,000,000,000.4
(B) RESOLUTION OF DISAPPROVAL.5
Congress may consider a joint resolution of dis-6
approval of the authority under subparagraph7
(A) as provided in subsections (b) through (f).8
The joint resolution of disapproval considered9
under this section shall contain only the lan-10
guage provided in subsection (b)(2). If the time11
for disapproval has lapsed without enactment of12
a joint resolution of disapproval under this sec-13
tion, the debt limit is increased by an additional14
$500,000,000,000.15
(2) ADDITIONAL AMOUNT.16
(A) CERTIFICATION.If, after the debt17
limit is increased by $900,000,000,000 under18
paragraph (1), the President submits a written19
certification to Congress that the President has20
determined that the debt subject to limit is21
within $100,000,000,000 of the limit in section22
3101(b) and that further borrowing is required23
to meet existing commitments, the Secretary of24
the Treasury may, subject to the enactment of25
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33[Rules Committee Amendment to S. 365]
a joint resolution of disapproval enacted pursu-1
ant to this section, exercise authority to borrow2
an additional amount equal to3
(i) $1,200,000,000,000, unless4
clause (ii) or (iii) applies;5
(ii) $1,500,000,000,000 if the Archi-6
vist of the United States has submitted to7
the States for their ratification a proposed8
amendment to the Constitution of the9
United States pursuant to a joint resolu-10
tion entitled Joint resolution proposing a11
balanced budget amendment to the Con-12
stitution of the United States; or13
(iii) if a joint committee bill to14
achieve an amount greater than15
$1,200,000,000,000 in deficit reduction as16
provided in section 401(b)(3)(B)(i)(II) of17
the Budget Control Act of 2011 is enacted,18
an amount equal to the amount of that19
deficit reduction, but not greater than20
$1,500,000,000,000, unless clause (ii) ap-21
plies.22
(B) RESOLUTION OF DISAPPROVAL.23
Congress may consider a joint resolution of dis-24
approval of the authority under subparagraph25
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34[Rules Committee Amendment to S. 365]
(A) as provided in subsections (b) through (f).1
The joint resolution of disapproval considered2
under this section shall contain only the lan-3
guage provided in subsection (b)(2). If the time4
for disapproval has lapsed without enactment of5
a joint resolution of disapproval under this sec-6
tion, the debt limit is increased by the amount7
authorized under subparagraph (A).8
(b) JOINT RESOLUTION OF DISAPPROVAL.9
(1) IN GENERAL.Except for the10
$400,000,000,000 increase in the debt limit pro-11
vided by subsection (a)(1)(A), the debt limit may not12
be raised under this section if, within 50 calendar13
days after the date on which Congress receives a14
certification described in subsection (a)(1) or within15
15 calendar days after Congress receives the certifi-16
cation described in subsection (a)(2) (regardless of17
whether Congress is in session), there is enacted into18
law a joint resolution disapproving the Presidents19
exercise of authority with respect to such additional20
amount.21
(2) CONTENTS OF JOINT RESOLUTION.For22
the purpose of this section, the term joint resolu-23
tion means only a joint resolution24
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35[Rules Committee Amendment to S. 365]
(A)(i) for the certification described in1
subsection (a)(1), that is introduced on Sep-2
tember 6, 7, 8, or 9, 2011 (or, if the Senate3
was not in session, the next calendar day on4
which the Senate is in session); and5
(ii) for the certification described in6
subsection (a)(2), that is introduced be-7
tween the date the certification is received8
and 3 calendar days after that date;9
(B) which does not have a preamble;10
(C) the title of which is only as follows:11
Joint resolution relating to the disapproval of12
the Presidents exercise of authority to increase13
the debt limit, as submitted under section14
3101A of title 31, United States Code, on15
llllll (with the blank containing the16
date of such submission); and17
(D) the matter after the resolving clause18
of which is only as follows: That Congress dis-19
approves of the Presidents exercise of authority20
to increase the debt limit, as exercised pursuant21
to the certification under section 3101A(a) of22
title 31, United States Code..23
(c) EXPEDITED CONSIDERATION IN HOUSE OF24
REPRESENTATIVES.25
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36[Rules Committee Amendment to S. 365]
(1) RECONVENING.Upon receipt of a certifi-1
cation described in subsection (a)(2), the Speaker, if2
the House would otherwise be adjourned, shall notify3
the Members of the House that, pursuant to this4
section, the House shall convene not later than the5
second calendar day after receipt of such certifi-6
cation.7
(2) REPORTING AND DISCHARGE.Any com-8
mittee of the House of Representatives to which a9
joint resolution is referred shall report it to the10
House without amendment not later than 5 calendar11
days after the date of introduction of a joint resolu-12
tion described in subsection (a). If a committee fails13
to report the joint resolution within that period, the14
committee shall be discharged from further consider-15
ation of the joint resolution and the joint resolution16
shall be referred to the appropriate calendar.17
(3) PROCEEDING TO CONSIDERATION.After18
each committee authorized to consider a joint resolu-19
tion reports it to the House or has been discharged20
from its consideration, it shall be in order, not later21
than the sixth day after introduction of a joint reso-22
lution under subsection (a), to move to proceed to23
consider the joint resolution in the House. All points24
of order against the motion are waived. Such a mo-25
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37[Rules Committee Amendment to S. 365]
tion shall not be in order after the House has dis-1
posed of a motion to proceed on a joint resolution2
addressing a particular submission. The previous3
question shall be considered as ordered on the mo-4
tion to its adoption without intervening motion. The5
motion shall not be debatable. A motion to recon-6
sider the vote by which the motion is disposed of7
shall not be in order.8
(4) CONSIDERATION.The joint resolution9
shall be considered as read. All points of order10
against the joint resolution and against its consider-11
ation are waived. The previous question shall be con-12
sidered as ordered on the joint resolution to its pas-13
sage without intervening motion except two hours of14
debate equally divided and controlled by the pro-15
ponent and an opponent. A motion to reconsider the16
vote on passage of the joint resolution shall not be17
in order.18
(d) EXPEDITED PROCEDURE IN SENATE.19
(1) RECONVENING.Upon receipt of a certifi-20
cation under subsection (a)(2), if the Senate has ad-21
journed or recessed for more than 2 days, the major-22
ity leader of the Senate, after consultation with the23
minority leader of the Senate, shall notify the Mem-24
bers of the Senate that, pursuant to this section, the25
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39[Rules Committee Amendment to S. 365]
disagreed to shall not be in order. If a motion1
to proceed to the consideration of the resolution2
is agreed to, the joint resolution shall remain3
the unfinished business until disposed of.4
(B) CONSIDERATION.Consideration of5
the joint resolution, and on all debatable mo-6
tions and appeals in connection therewith, shall7
be limited to not more than 10 hours, which8
shall be divided equally between the majority9
and minority leaders or their designees. A mo-10
tion further to limit debate is in order and not11
debatable. An amendment to, or a motion to12
postpone, or a motion to proceed to the consid-13
eration of other business, or a motion to recom-14
mit the joint resolution is not in order.15
(C) VOTE ON PASSAGE.If the Senate16
has voted to proceed to a joint resolution, the17
vote on passage of the joint resolution shall18
occur immediately following the conclusion of19
consideration of the joint resolution, and a sin-20
gle quorum call at the conclusion of the debate21
if requested in accordance with the rules of the22
Senate.23
(D) RULINGS OF THE CHAIR ON PROCE-24
DURE.Appeals from the decisions of the Chair25
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40[Rules Committee Amendment to S. 365]
relating to the application of the rules of the1
Senate, as the case may be, to the procedure re-2
lating to a joint resolution shall be decided3
without debate.4
(e) AMENDMENT NOT IN ORDER.A joint resolu-5
tion of disapproval considered pursuant to this section6
shall not be subject to amendment in either the House7
of Representatives or the Senate.8
(f) COORDINATION WITH ACTION BY OTHER9
HOUSE.10
(1) IN GENERAL.If, before passing the joint11
resolution, one House receives from the other a joint12
resolution13
(A) the joint resolution of the other14
House shall not be referred to a committee; and15
(B) the procedure in the receiving House16
shall be the same as if no joint resolution had17
been received from the other House until the18
vote on passage, when the joint resolution re-19
ceived from the other House shall supplant the20
joint resolution of the receiving House.21
(2) TREATMENT OF JOINT RESOLUTION OF22
OTHER HOUSE.If the Senate fails to introduce or23
consider a joint resolution under this section, the24
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41[Rules Committee Amendment to S. 365]
joint resolution of the House shall be entitled to ex-1
pedited floor procedures under this section.2
(3) TREATMENT OF COMPANION MEASURES.3
If, following passage of the joint resolution in the4
Senate, the Senate then receives the companion5
measure from the House of Representatives, the6
companion measure shall not be debatable.7
(4) CONSIDERATION AFTER PASSAGE.(A) If8
Congress passes a joint resolution, the period begin-9
ning on the date the President is presented with the10
joint resolution and ending on the date the President11
signs, allows to become law without his signature, or12
vetoes and returns the joint resolution (but exclud-13
ing days when either House is not in session) shall14
be disregarded in computing the appropriate cal-15
endar day period described in subsection (b)(1).16
(B) Debate on a veto message in the Senate17
under this section shall be 1 hour equally divided be-18
tween the majority and minority leaders or their des-19
ignees.20
(5) VETO OVERRIDE.If within the appro-21
priate calendar day period described in subsection22
(b)(1), Congress overrides a veto of the joint resolu-23
tion with respect to authority exercised pursuant to24
paragraph (1) or (2) of subsection (a), the limit on25
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debt provided in section 3101(b) shall not be raised,1
except for the $400,000,000,000 increase in the2
limit provided by subsection (a)(1)(A).3
(6) SEQUESTRATION.(A) If within the 50-4
calendar day period described in subsection (b)(1),5
the President signs the joint resolution, the Presi-6
dent allows the joint resolution to become law with-7
out his signature, or Congress overrides a veto of the8
joint resolution with respect to authority exercised9
pursuant to paragraph (1) of subsection (a), there10
shall be a sequestration to reduce spending by11
$400,000,000,000. OMB shall implement the se-12
questration forthwith.13
(B) OMB shall implement each half of such14
sequestration in accordance with section 255, section15
256, and subsections (c), (d), (e), and (f) of section16
253 of the Balanced Budget and Emergency Deficit17
Control Act of 1985, and for the purpose of such18
implementation the term excess deficit means the19
amount specified in subparagraph (A).20
(g) RULES OF HOUSE OF REPRESENTATIVES AND21
SENATE.This subsection and subsections (b), (c), (d),22
(e), and (f) (other than paragraph (6)) are enacted by23
Congress24
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(1) as an exercise of the rulemaking power of1
the Senate and House of Representatives, respec-2
tively, and as such it is deemed a part of the rules3
of each House, respectively, but applicable only with4
respect to the procedure to be followed in that5
House in the case of a joint resolution, and it super-6
sedes other rules only to the extent that it is incon-7
sistent with such rules; and8
(2) with full recognition of the constitutional9
right of either House to change the rules (so far as10
relating to the procedure of that House) at any time,11
in the same manner, and to the same extent as in12
the case of any other rule of that House..13
(b) CONFORMING AMENDMENT.The table of sec-14
tions for chapter 31 of title 31, United States Code, is15
amended by inserting after the item relating to section16
3101 the following new item:17
3101A. Presidential modification of the debt ceiling..
SEC. 302. ENFORCEMENT OF BUDGET GOAL.18
(a) IN GENERAL.The Balanced Budget and Emer-19
gency Deficit Control Act of 1985 is amended by inserting20
after section 251 the following new section:21
SEC. 251A. ENFORCEMENT OF BUDGET GOAL.22
Unless a joint committee bill achieving an amount23
greater than $1,200,000,000,000 in deficit reduction as24
provided in section 401(b)(3)(B)(i)(II) of the Budget Con-25
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trol Act of 2011 is enacted by January 15, 2012, the dis-1
cretionary spending limits listed in section 251(c) shall be2
revised, and discretionary appropriations and direct3
spending shall be reduced, as follows:4
(1) REVISED SECURITY CATEGORY; REVISED5
NONSECURITY CATEGORY. (A) The term revised6
security category means discretionary appropria-7
tions in budget function 050.8
(B) The term revised nonsecurity category9
means discretionary appropriations other than in10
budget function 050.11
(2) REVISED DISCRETIONARY SPENDING LIM-12
ITS.The discretionary spending limits for fiscal13
years 2013 through 2021 under section 251(c) shall14
be replaced with the following:15
(A) For fiscal year 201316
(i) for the security category,17
$546,000,000,000 in budget authority; and18
(ii) for the nonsecurity category,19
$501,000,000,000 in budget authority.20
(B) For fiscal year 201421
(i) for the security category,22
$556,000,000,000 in budget authority; and23
(ii) for the nonsecurity category,24
$510,000,000,000 in budget authority.25
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(C) For fiscal year 20151
(i) for the security category,2
$566,000,000,000 in budget authority; and3
(ii) for the nonsecurity category,4
$520,000,000,000 in budget authority.5
(D) For fiscal year 20166
(i) for the security category,7
$577,000,000,000 in budget authority; and8
(ii) for the nonsecurity category,9
$530,000,000,000 in budget authority.10
(E) For fiscal year 201711
(i) for the security category,12
$590,000,000,000 in budget authority; and13
(ii) for the nonsecurity category,14
$541,000,000,000 in budget authority.15
(F) For fiscal year 201816
(i) for the security category,17
$603,000,000,000 in budget authority; and18
(ii) for the nonsecurity category,19
$553,000,000,000 in budget authority.20
(G) For fiscal year 201921
(i) for the security category,22
$616,000,000,000 in budget authority; and23
(ii) for the nonsecurity category,24
$566,000,000,000 in budget authority.25
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tration preview report for fiscal years 2014 through1
2021 pursuant to section 254(c), OMB shall allocate2
half of the total reduction calculated pursuant to3
paragraph (3) for that year to discretionary appro-4
priations and direct spending accounts within func-5
tion 050 (defense function) and half to accounts in6
all other functions (nondefense functions).7
(5) DEFENSE FUNCTION REDUCTION.OMB8
shall calculate the reductions to discretionary appro-9
priations and direct spending for each of fiscal years10
2013 through 2021 for defense function spending as11
follows:12
(A) DISCRETIONARY.OMB shall cal-13
culate the reduction to discretionary appropria-14
tions by15
(i) taking the total reduction for the16
defense function allocated for that year17
under paragraph (4);18
(ii) multiplying by the discretionary19
spending limit for the revised security cat-20
egory for that year; and21
(iii) dividing by the sum of the dis-22
cretionary spending limit for the security23
category and OMBs baseline estimate of24
nonexempt outlays for direct spending pro-25
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48[Rules Committee Amendment to S. 365]
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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51[Rules Committee Amendment to S. 365]
the direct spending reduction calculated pursuant to1
paragraphs (5) and (6). When implementing the se-2
questration of direct spending pursuant to this para-3
graph, OMB shall follow the procedures specified in4
section 6 of the Statutory Pay-As-You-Go Act of5
2010, the exemptions specified in section 255, and6
the special rules specified in section 256, except that7
the percentage reduction for the Medicare programs8
specified in section 256(d) shall not be more than 29
percent for a fiscal year.10
(9) ADJUSTMENT FOR MEDICARE.If the per-11
centage reduction for the Medicare programs would12
exceed 2 percent for a fiscal year in the absence of13
paragraph (8), OMB shall increase the reduction for14
all other discretionary appropriations and direct15
spending under paragraph (6) by a uniform percent-16
age to a level sufficient to achieve the reduction re-17
quired by paragraph (6) in the non-defense function.18
(10) IMPLEMENTATION OF REDUCTIONS.19
Any reductions imposed under this section shall be20
implemented in accordance with section 256(k).21
(11) REPORT.On the dates specified in22
paragraph (4), OMB shall submit a report to Con-23
gress containing information about the calculations24
required under this section, the adjusted discre-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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54[Rules Committee Amendment to S. 365]
(B) REPORT, RECOMMENDATIONS, AND1
LEGISLATIVE LANGUAGE.2
(i) IN GENERAL.Not later than No-3
vember 23, 2011, the joint committee shall4
vote on5
(I) a report that contains a de-6
tailed statement of the findings, con-7
clusions, and recommendations of the8
joint committee and the estimate of9
the Congressional Budget Office re-10
quired by paragraph (5)(D)(ii); and11
(II) proposed legislative language12
to carry out such recommendations as13
described in subclause (I), which shall14
include a statement of the deficit re-15
duction achieved by the legislation16
over the period of fiscal years 2012 to17
2021.18
Any change to the Rules of the House of19
Representatives or the Standing Rules of20
the Senate included in the report or legis-21
lative language shall be considered to be22
merely advisory.23
(ii) APPROVAL OF REPORT AND LEG-24
ISLATIVE LANGUAGE.The report of the25
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55[Rules Committee Amendment to S. 365]
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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56[Rules Committee Amendment to S. 365]
then not later than December 2, 2011, the1
joint committee shall submit the joint com-2
mittee report and legislative language de-3
scribed in clause (i) to the President, the4
Vice President, the Speaker of the House5
of Representatives, and the majority and6
minority Leaders of each House of Con-7
gress.8
(v) REPORT AND LEGISLATIVE LAN-9
GUAGE TO BE MADE PUBLIC.Upon the10
approval or disapproval of the joint com-11
mittee report and legislative language pur-12
suant to clause (ii), the joint committee13
shall promptly make the full report and14
legislative language, and a record of the15
vote, available to the public.16
(4) MEMBERSHIP.17
(A) IN GENERAL.The joint committee18
shall be composed of 12 members appointed19
pursuant 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 3 members from among24
Members of the Senate.25
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58[Rules Committee Amendment to S. 365]
(ii) STAFF DIRECTOR.The Co-1
Chairs, acting jointly, shall hire the staff2
director of the joint committee.3
(D) DATE.Members of the joint com-4
mittee shall be appointed not later than 14 cal-5
endar days after the date of enactment of this6
Act.7
(E) PERIOD OF APPOINTMENT.Members8
shall be appointed for the life of the joint com-9
mittee. Any vacancy in the joint committee10
shall not affect its powers, but shall be filled11
not later than 14 calendar days after the date12
on which the vacancy occurs, in the same man-13
ner as the original designation was made. If a14
member of the joint committee ceases to be a15
Member of the House of Representatives or the16
Senate, as the case may be, the member is no17
longer a member of the joint committee and a18
vacancy shall exist.19
(5) ADMINISTRATION.20
(A) IN GENERAL.To enable the joint21
committee to exercise its powers, functions, and22
duties, there are authorized to be disbursed by23
the Senate the actual and necessary expenses of24
the joint committee approved by the co-chairs,25
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59[Rules Committee Amendment to S. 365]
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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60[Rules Committee Amendment to S. 365]
vide information on the budgetary effect of1
the legislation beyond the year 2021. The2
joint committee may not vote on any3
version of the report, recommendations, or4
legislative language unless such estimates5
are available for consideration by all mem-6
bers of the joint committee at least 487
hours prior to the vote as certified by the8
Co-Chairs.9
(E) MEETINGS.10
(i) INITIAL MEETING.Not later than11
45 calendar days after the date of enact-12
ment of this Act, the joint committee shall13
hold its first meeting.14
(ii) AGENDA.The Co-Chairs of the15
joint committee shall provide an agenda to16
the joint committee members not less than17
48 hours in advance of any meeting.18
(F) HEARINGS.19
(i) IN GENERAL.The joint com-20
mittee may, for the purpose of carrying21
out this section, hold such hearings, sit22
and act at such times and places, require23
attendance of witnesses and production of24
books, papers, and documents, take such25
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61[Rules Committee Amendment to S. 365]
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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62[Rules Committee Amendment to S. 365]
(G) TECHNICAL ASSISTANCE.Upon writ-1
ten request of the Co-Chairs, a Federal agency2
shall provide technical assistance to the joint3
committee in order for the joint committee to4
carry out its duties.5
(c) STAFF OF JOINT COMMITTEE.6
(1) IN GENERAL.The Co-Chairs of the joint7
committee may jointly appoint and fix the compensa-8
tion of staff as they deem necessary, within the9
guidelines for employees of the Senate and following10
all applicable rules and employment requirements of11
the Senate.12
(2) ETHICAL STANDARDS.Members on the13
joint committee who serve in the House of Rep-14
resentatives shall be governed by the ethics rules and15
requirements of the House. Members of the Senate16
who serve on the joint committee and staff of the17
joint committee shall comply with the ethics rules of18
the Senate.19
(d) TERMINATION.The joint committee shall termi-20
nate on January 31, 2012.21
SEC. 402. EXPEDITED CONSIDERATION OF JOINT COM-22
MITTEE RECOMMENDATIONS.23
(a) INTRODUCTION.If approved by the majority re-24
quired by section 401(b)(3)(B)(ii), the proposed legislative25
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language submitted pursuant to section 401(b)(3)(B)(iv)1
shall be introduced in the Senate (by request) on the next2
day on which the Senate is in session by the majority lead-3
er of the Senate or by a Member of the Senate designated4
by the majority leader of the Senate and shall be intro-5
duced in the House of Representatives (by request) on the6
next legislative day by the majority leader of the House7
or by a Member of the House designated by the majority8
leader of the House.9
(b) CONSIDERATION IN THE HOUSE OF REPRESENT-10
ATIVES.11
(1) REFERRAL AND REPORTING.Any com-12
mittee of the House of Representatives to which the13
joint committee bill is referred shall report it to the14
House without amendment not later than December15
9, 2011. If a committee fails to report the joint com-16
mittee bill within that period, it shall be in order to17
move that the House discharge the committee from18
further consideration of the bill. Such a motion shall19
not be in order after the last committee authorized20
to consider the bill reports it to the House or after21
the House has disposed of a motion to discharge the22
bill. The previous question shall be considered as or-23
dered on the motion to its adoption without inter-24
vening motion except 20 minutes of debate equally25
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divided and controlled by the proponent and an op-1
ponent. If such a motion is adopted, the House shall2
proceed immediately to consider the joint committee3
bill in accordance with paragraphs (2) and (3). A4
motion to reconsider the vote by which the motion5
is disposed of shall not be in order.6
(2) PROCEEDING TO CONSIDERATION.After7
the last committee authorized to consider a joint8
committee bill reports it to the House or has been9
discharged (other than by motion) from its consider-10
ation, it shall be in order to move to proceed to con-11
sider the joint committee bill in the House. Such a12
motion shall not be in order after the House has dis-13
posed of a motion to proceed with respect to the14
joint committee bill. The previous question shall be15
considered as ordered on the motion to its adoption16
without intervening motion. A motion to reconsider17
the vote by which the motion is disposed of shall not18
be in order.19
(3) CONSIDERATION.The joint committee bill20
shall be considered as read. All points of order21
against the joint committee bill and against its con-22
sideration are waived. The previous question shall be23
considered as ordered on the joint committee bill to24
its passage without intervening motion except 225
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hours of debate equally divided and controlled by the1
proponent and an opponent and one motion to limit2
debate on the joint committee bill. A motion to re-3
consider the vote on passage of the joint committee4
bill shall not be in order.5
(4) VOTE ON PASSAGE.The vote on passage6
of the joint committee bill shall occur not later than7
December 23, 2011.8
(c) EXPEDITED PROCEDURE IN THE SENATE.9
(1) COMMITTEE CONSIDERATION.A joint com-10
mittee bill introduced in the Senate under subsection11
(a) shall be jointly referred to the committee or com-12
mittees of jurisdiction, which committees shall report13
the bill without any revision and with a favorable14
recommendation, an unfavorable recommendation, or15
without recommendation, not later than December 9,16
2011. If any committee fails to report the bill within17
that period, that committee shall be automatically18
discharged from consideration of the bill, and the19
bill shall be placed on the appropriate calendar.20
(2) MOTION TO PROCEED.Notwithstanding21
Rule XXII of the Standing Rules of the Senate, it22
is in order, not later than 2 days of session after the23
date on which a joint committee bill is reported or24
discharged from all committees to which it was re-25
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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 joi
Recommended