99–008 

112TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 112–190 

PROVIDING FOR CONSIDERATION OF THE BILL (S. 365) 

TO MAKE A TECHNICAL AMENDMENT TO THE EDUCATION SCIENCES REFORM ACT OF 2002 

AUGUST 1, 2011.—Referred to the House Calendar and ordered to be printed 

Mr. DREIER, from the Committee on Rules, 

submitted the following 

R E P O R T 

[To accompany H. Res. 384] 

The Committee on Rules, having had under consideration House 

Resolution 384, by a nonrecord vote, report the same to the House 

with the recommendation that the resolution be adopted. 

SUMMARY OF PROVISIONS OF THE RESOLUTION

The resolution provides for consideration of S. 365, to make a 

technical amendment to the Education Sciences Reform Act of 

2002, under a closed rule. The resolution provides one hour of debate with thirty minutes equally divided and controlled by the 

chair and ranking minority member of the Committee on Rules, fifteen minutes equally divided and controlled by the chair and ranking minority member of the Committee on Ways and Means, and 

fifteen minutes equally divided and controlled by the chair and 

ranking minority member of the Committee on the Budget. The 

resolution waives all points of order against consideration of the 

bill. The resolution provides that the amendment in the nature of 

a substitute printed in this report shall be considered as adopted. 

The bill, as amended, shall be considered as read. The resolution 

waives all points of order against provisions in the bill, as amended. The resolution provides one motion to recommit with or without 

instructions. 

EXPLANATION OF WAIVERS

The waiver of all points of order against consideration of the bill 

includes a waiver of clause 10 of rule XXI, prohibiting the consideration of a bill if it has the net effect of increasing mandatory spending over the five or ten year period. Title V of the bill, as amended, 


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provides $17 billion in mandatory funding for the Federal Pell 

Grant program and makes other changes to education programs 

that decrease spending. While title V has the net effect of decreasing mandatory spending by $5 billion over the ten year period, it 

also has the net effect of increasing mandatory spending by $8 billion over the five year period, causing the bill to be in violation of 

clause 10 of rule XXI. 

It is important to note that the bill, as amended, produces significant savings over the ten year period through the establishment 

of statutory caps on discretionary spending that are enforced by 

across-the-board spending reductions. Because these spending reductions are discretionary savings, the Congressional Budget Office 

does not take these savings into account for the purposes of clause 

10 of rule XXI. It is also important to note that the Congressional 

Budget Office does not recognize the estimated $16 billion in program integrity savings over the ten year period when calculating 

the net budgetary effect of title V for the purposes of enforcing 

clause 10 of rule XXI. 

The waiver of all points of order against consideration of the bill 

also includes a waiver of section 302(f) of the Congressional Budget 

Act prohibiting the consideration of legislation providing new budget authority in excess of a committee’s 302(a) allocation of such authority in the first fiscal year or over ten fiscal years. Title V of 

the bill, as amended, increases mandatory funding for the Federal 

Pell Grant program. The increase in funding exceeds the 302(a) allocation for the Committee on Education and the Workforce in the 

first fiscal year period by $3 billion, causing the bill to be in violation of section 302(f) of the Congressional Budget Act. 

The waiver of all points of order against consideration of the bill 

also includes a waiver of section 306 of the Congressional Budget 

Act prohibiting consideration of a bill containing matter within the 

jurisdiction of the Committee on the Budget not reported by the 

Committee on the Budget. 

Although the resolution waives all points of order against provisions in the bill, as amended, the Committee is not aware of any 

points of order against provisions in the bill, as amended. The 

waiver is prophylactic. 

SUMMARY OF AMENDMENT CONSIDERED AS ADOPTED

The amendment in the nature of a substitute would strike all 

after the enacting clause and insert a new matter consisting of the 

Budget Control Act of 2011 (BCA). The BCA would: establish ten 

year discretionary spending caps; provide for the passage of a balanced budget amendment to the Constitution; create a joint committee of Congress charged with making legislative recommendations to achieve additional spending reductions; increase the debt 

limit pursuant to a resolution of disapproval and sequestration procedures; establish expedited procedures for consideration of a resolution of disapproval and for consideration of the joint committee’s 

recommendations; and make changes to the Pell Grant program. 


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SECTION-BY-SECTION ANALYSIS OF THE BUDGET CONTROL ACT OF 2011

AS PRINTED IN THIS REPORT

Section 1. Short Title; Table of Contents 

This section provides a short title for the bill, the ‘‘Budget Control Act of 2011.’’ It also provides a table of contents. 

Sec. 2. Severability 

This section ensures that if a provision of this bill is found to be 

unconstitutional, the other provisions of the bill will remain in 

force and effect. 

TITLE I—TEN-YEAR DISCRETIONARY CAPS WITH SEQUESTER

Sec. 101. Enforcing Discretionary Spending Limits 

This section amends section 251 of the Balanced Budget and 

Emergency Deficit Control Act of 1985 to establish 10-year discretionary spending limits (caps) for fiscal years 2012 through 2021 

that would reduce the deficit by $917 billion. Subsection (a) enforces the discretionary spending caps through a sequestration 

process (across-the-board reductions) occurring 15 days after Congress adjourns at the end of a session and authorizes the President 

to exempt any military personnel accounts from sequestration provided that the savings are achieved through across-the-board reductions in the remainder of the Department of Defense (DOD) 

budget. Subsection (a) largely mirrors the Balanced Budget and 

Emergency Deficit Control Act of 1985 (also known as ‘‘GrammRudman-Hollings’’) providing guidance for part-year appropriations, a look-back sequester, and a within session sequestration if 

caps are exceeded. It also provides a timeline of Congressional 

Budget Office (CBO) and Office of Management and Budget (OMB) 

estimates and explanation of differences. 

Subsection (b) provides for adjustments to discretionary spending 

limits for emergency appropriations, appropriations for the global 

war on terrorism, and appropriations for major disasters. It also 

provides adjustments for additional spending to combat waste, 

fraud, and abuse. 

Subsection (c) establishes discretionary limits for FY 2012 

through 2021. It sets separate discretionary limits for security programs (Departments of Defense, Homeland Security, and Veterans’ 

Affairs, the National Nuclear Security Administration, the intelligence community management account, and Function 150 (State 

Department and International Assistance)) and non-security programs for FY 2012 and FY 2013. 

Sec. 102. Definitions 

This section amends section 250 of the Balanced Budget and 

Emergency Deficit Control Act of 1985 to define terms used in the 

title, including emergencies. 

Sec. 103. Reports and Orders 

This section provides updates to reports and orders required by 

section 254 of the Balanced Budget and Emergency Deficit Control 

Act of 1985. 


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Sec. 104. Expiration 

This section repeals section 275 of the Balance Budget and 

Emergency Deficit Control Act of 1985 that has the effect of putting the discretionary enforcement sequester procedures in effect. 

Sec. 105. Amendments to the Congressional Budget and Impoundment Control Act of 1974 

This section provides for amendments to the Congressional Budget Act of 1974. Specifically, section 314 of that Act is amended to 

allow the Chairman of the House and Senate Budget Committees 

to make budgetary adjustments to reflect the adjustments in 

spending limits. It also provides for the budget treatment of emergency spending and a process by which members of the House can 

strike a designation for emergency funding. 

The section further establishes a new point of order against consideration of a measure that would violate the discretionary spending caps. A waiver of this point of order would require a threefifths vote in the Senate. 

Sec. 106. Senate Budget Enforcement 

This section deems a budget passed in the Senate for purposes 

of providing committee allocations and budget enforcement tools. 

With the exception of discretionary levels, the deeming language 

largely follows CBO baseline levels. 

TITLE II—VOTE ON THE BALANCED BUDGET AMENDMENT

Sec. 201. Vote on the Balanced Budget Amendment 

This section requires a vote on passage of a joint resolution entitled ‘‘Joint resolution proposing a balanced budget amendment to 

the Constitution of the United States’’ between October 1, 2011 and 

December 31, 2011. 

Sec. 202. Consideration by the Other House 

This section provides for expedited consideration by the House 

and Senate of the joint resolution of the other House. These provisions are largely similar to the expedited procedures used in title 

III. 

TITLE III—DEBT CEILING DISAPPROVAL PROCESS

Sec. 301. Debt Ceiling Disapproval Process 

This section adds a new section after 31 U.S.C. 3101 providing 

for modification of the debt ceiling by the President and a process 

for the Congress to disapprove of those modifications. 

The new section provides that if the President submits a written 

certification to Congress by December 31, 2011 that the debt is 

within $100 billion of the debt limit, the Secretary of the Treasury 

is authorized to borrow an additional $900 billion, subject to the 

enactment of a joint resolution of disapproval. Upon submission of 

the certification, the debt limit is increased by $400 billion. 

The section authorizes the Congress to consider a joint resolution 

of disapproval subject to the procedures of this section. If Congress 

fails to enact the joint resolution, the debt limit is increased by an 

additional $500 billion. 


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In the absence of any further action by Congress, this section authorizes the Secretary to borrow an additional amount equal to 

$1.2 trillion, subject to Presidential certification and Congressional 

disapproval. If a balanced budget amendment is sent to the states 

for ratification, the Secretary may borrow $1.5 trillion. If a balanced budget amendment is not sent to the states for ratification, 

but the amount of deficit reduction achieved by the joint committee 

is greater than $1.2 trillion, the Secretary is permitted to borrow 

an amount equal to the amount of deficit reduction, but may not 

exceed $1.5 trillion. All increases in borrowing authority are subject to Congressional disapproval. 

The section further mandates the content of the joint resolution 

of disapproval, limitations on when a joint resolution may be introduced, and expedited procedures for consideration of the joint resolution. Under this section, a resolution of disapproval must be enacted within 50 calendar days for the initial $900 billion or within 

15 calendar days for an additional amount to prevent an increase 

in borrowing authority. 

Expedited procedures in the House: 

• Any committee to which the joint resolution has been referred 

must report it to the House not later than five calendar days after 

the introduction of the joint resolution. If a committee fails to report the joint resolution within the time period, the committee is 

discharged from further consideration. • Requires consideration of the joint resolution in the House not 

later than six calendar days after introduction of the joint resolution. • All points of order against the joint resolution and its consideration are waived. • No amendments to the joint resolution are in order. • The joint resolution is debatable for two hours prior to a vote 

on passage. 

Expedited procedures in the Senate: 

• A motion to proceed to a joint resolution of disapproval of the 

initial $900 billion increase to the debt limit is in order at any time 

during the period beginning the day after receipt of a Presidential 

certification and ending on September 14, 2011. 

• A motion to proceed to a joint resolution of disapproval of the 

additional amount is in order at any time during the period beginning the day after receipt of a Presidential certification and ending 

on the 6th day after Congress has received a certification. 

• All points of order against the joint resolution are waived. 

• No amendments to the joint resolution are in order. 

• Consideration of the joint resolution is limited to not more 

than 10 hours. 

The section also provides that if the President vetoes a resolution 

of disapproval and the Congress overrides the veto, the debt limit 

is not increased. If the Congress overrides the President’s veto, the 

Office of Management and Budget is directed to sequester pro rata 

amounts from certain accounts equal to the initial $400 billion provided in this section for the first round of debt limit increases. 

Sec. 302. Enforcement of Budget Goal 

If the joint committee, created in title IV of this bill fails to 

achieve at least $1.2 trillion in deficit reduction, a sequestration 


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process must be implemented. As part of the sequestration procedures, this section establishes revised security and non-security allocations for each fiscal year and revises the definition of security 

category, limiting the category to the Department of Defense. It 

also reduces the discretionary spending limits and includes sequestration procedures for direct spending to ensure these spending reductions are achieved. 

TITLE IV—JOINT SELECT COMMITTEE ON DEFICIT REDUCTION

Sec. 401. Establishment of Joint Committee 

Subsection (a) defines terms used in the title. Specifically, it defines the term ‘‘joint committee’’ as the Joint Select Committee on 

Deficit Reduction and ‘‘joint committee bill’’ as the bill containing 

the legislative recommendations of the joint committee. 

Subsection (b) provides for the establishment of the joint committee. Paragraph (1) establishes the joint committee, and paragraph (2) sets forth the goal of reducing the deficit by $1.5 trillion 

over the period of 2012 through 2021. 

Paragraph (3) establishes the duties of the joint committee. The 

joint committee is required to provide recommendations (including 

legislative language) that will significantly improve both the shortand long-term fiscal imbalance of the Federal Government. 

The joint committee must also consider any recommendations 

from House and Senate committees with respect to changes in law 

necessary to meet the goal of the joint committee. Those committees may report their recommendations to the joint committee by 

October 14, 2011. 

By November 23, 2011, the joint committee is required to vote on 

a report which contains the findings, conclusions, and recommendations of the joint committee, as well as the estimates provided by 

the Congressional Budget Office (CBO) and legislative language in 

support of those recommendations, which must also contain a 

statement of the deficit reduction achieved over fiscal years 2012 

through 2021. A majority of the members of the joint committee 

must approve the report and accompanying legislative language. 

The text of the report and accompanying legislative language must 

be made public promptly after the vote on adoption of those matters. 

The legislation also provides for any member of the joint committee to file additional, supplemental, or minority views within 3 

calendar days if that member provides notice of his or her intention 

at the time of final vote on adoption of the report and legislative 

language. The report and accompanying legislative language must 

be transmitted to the President, Vice President, the Speaker of the 

House, and the majority and minority leaders of the House and 

Senate by December 2, 2011. 

The joint committee is to be comprised of 12 members appointed 

by the majority and minority leaders of the Senate, and the Speaker and minority leader of the House, who each must appoint three 

members. The Speaker and the majority leader of the Senate must 

each appoint one member to serve as Co-Chair from among the 

members of the joint committee. The members of the joint committee and the Co-Chairs must be appointed within 14 calendar 

days after enactment of this bill. Members are appointed for the 


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life of the joint committee, and a vacancy must be filled in the 

same manner as the original appointment. 

The Co-Chairs must jointly hire a staff director for the joint committee. It is also authorized to incur expenses in the same manner 

as the Joint Economic Committee and any actual and necessary expenses approved by the co-chairs are authorized to be disbursed by 

the Senate, subject to Senate rules and regulations. 

Seven members of the joint committee constitute a quorum for 

purposes of voting, meeting, and holding hearings. 

With respect to voting, proxy voting is prohibited and the joint 

committee is enjoined from voting on the report, recommendations, 

or legislative language unless an estimate from the CBO is available to the members of the joint committee for at least 48 hours 

prior. In its analysis, CBO is required to estimate the effect of interest payments on the debt, and CBO is also directed to estimate 

the budgetary effects of the legislative language beyond 2021. 

The joint committee must hold its first meeting not later than 45 

days after the date of enactment of this legislation and the CoChairs must provide an agenda at least 48 hours prior to each 

meeting. 

The joint committee is authorized to hold hearings, require attendance of witnesses and production of documents, take testimony, receive evidence, and administer oaths as the committee 

deems advisable. It may also sit and act whenever necessary. 

Hearings must be announced at least 7 days in advance, unless 

the Co-Chairs determine that there is good cause to hold a hearing 

earlier. Witnesses appearing before the joint committee must file a 

written statement of proposed testimony at least 2 days prior to appearance, unless waived by the Co-Chairs. 

Federal agencies must provide technical assistance to the joint 

committee on the written request of the Co-Chairs. 

Subsection (c)(1) addresses the staff of the joint committee. The 

Co-Chairs are authorized to appoint and set the compensation of 

staff as they deem necessary, and within the guidelines and rules 

for Senate employees. Paragraph (2) provides that the members of 

the joint committee will be bound by the rules and ethical requirements of the House in which they serve, while the staff of the joint 

committee is governed by the Senate ethics rules. 

Sec. 402. Expedited Consideration of Joint Committee Recommendations 

Subsection (a) provides for introduction of the joint committee’s 

legislative recommendations. If approved by the joint committee, 

the legislative language accompanying their recommendations 

must be introduced on the next session or legislative day in the 

House or Senate, respectively. The measure is to be introduced (by 

request) in the Senate and House by the majority leader of each 

body or a designee. 

Subsection (b) provides for expedited consideration in the House. 

Each committee receiving a referral of the joint committee bill 

must report that bill without amendment not later than December 

9, 2011. If a committee fails to report the bill prior to that date, 

a member may offer a motion to discharge the bill. That motion is 

debatable for 20 minutes, equally divided and controlled between 

the proponent and an opponent and a motion to reconsider the vote 


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disposing of the motion is not available. The motion to discharge 

is not available after the last committee reports the bill or the 

House has considered a prior motion to discharge. 

If the motion is adopted or after the last committee reports the 

joint committee bill, a motion to proceed to the consideration of the 

bill is in order. The motion to proceed is not debatable, and a motion to reconsider the vote disposing of the motion to proceed is not 

available. 

If the House proceeds to consideration of the joint committee bill, 

all points of order against the bill and its consideration are waived, 

and it is considered as read. The joint committee bill is debatable 

for 2 hours, equally divided and controlled by the proponent and 

an opponent. One motion to limit debate is available, while a motion to reconsider the vote disposing of the joint committee bill is 

not in order. The vote on passage of the joint committee bill must 

occur on or before December 23, 2011. 

Subsection (c) provides for expedited consideration in the Senate. 

The joint committee bill must be referred jointly to the committees 

of jurisdiction. Each committee to which the bill is referred must 

report the bill with a favorable or unfavorable recommendation, or 

no recommendation, by not later than December 9, 2011 and without amendment. If any committee fails to report the bill by that 

date, that committee will be automatically discharged and the joint 

committee bill placed on the appropriate calendar. 

Two days after the last Senate committee reports the joint committee bill or is discharged, the majority leader of the Senate or a 

designee may move to proceed to the consideration of the joint committee bill, even if a prior motion to proceed has failed. All points 

of order against the motion to proceed are waived and it is not debatable, and it is not subject to a motion to postpone or reconsider. 

If the motion to proceed is agreed to, the joint committee bill will 

remain unfinished business until it is disposed of. 

Consideration of the joint committee bill, including all debatable 

motions and appeals, is limited to 30 hours equally divided between the majority and minority leaders of the Senate. All points 

of order against the joint committee bill and its consideration are 

waived. A non-debatable motion to limit debate is available and requires an affirmative three-fifths vote. Any debatable motion or appeal is limited to one hour, equally divided between a proponent 

and an opponent. All time used for consideration of the joint committee bill, including time used for quorum calls, counts against 

the 30-hour total. 

No amendments to the joint committee bill or a motion to postpone, proceed to the consideration of other business, or recommit 

are in order. Appeals from decisions of the chair regarding application of the rules of the Senate to consideration of the joint committee bill are non-debatable. 

The Senate must vote on passage of the joint committee bill immediately after the conclusion of debate and a quorum call, if requested. The Senate must also vote on the joint committee bill not 

later than December 23, 2011. 

Subsection (d) provides that the joint committee bill is not subject to amendment in either the House or Senate. 

Subsection (e) provides standard language to address the handling of the joint committee bill if passed by one chamber before 


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the other has completed its consideration. It also provides that if 

the joint committee bill is a revenue measure, the subsection does 

not apply to the House. 

Subsection (f) also contains several standard provisions to address issues in the Senate when they receive a joint committee bill 

from the House. First, it provides that joint committee bill originated by the House is entitled to expedited consideration in the 

Senate if the Senate fails to introduce or consider a joint committee 

bill. Second, if the Senate receives the joint committee bill after 

passage of the joint committee bill, the House version is not debatable and the vote on passage of the Senate version is considered 

to be the vote on the House version. Finally, it provides that debate 

on a veto message on the joint committee bill in the Senate is limited to one hour, equally divided between the majority and minority 

leaders. 

Subsection (g) provides that the joint committee bill loses its 

privileged status if the joint committee fails to vote on the report 

or legislative language by November 23, 2011 or the joint committee bill does not pass both the House and Senate by December 

23, 2011. 

Sec. 403. Funding 

This section provides that the funding of the joint committee is 

to be paid equally out of the applicable accounts of the Senate and 

House of Representatives, subject to the rules and regulations of 

the Senate. 

Sec. 404. Rulemaking 

This section clarifies that the provisions are enacted as an exercise of the rulemaking powers of the House and Senate, that they 

are considered part of the rules of each House, and that each 

House has a constitutional right to change the rules in the same 

manner that each House may change any other rule. 

TITLE V—PELL GRANT AND STUDENT LOAN PROGRAM CHANGES

Sec. 501. Federal Pell Grants 

This section provides $17 billion in mandatory funds over two 

years to help fill the funding gap in the Federal Pell Grant program. This additional funding is offset by reductions through reforms to the student loan program in sections 502 and 503. 

Sec. 502. Termination of Authority to Make Interest Subsidized 

Loans to Graduate and Professional Students 

This section eliminates the ability of graduate and professional 

students to take out subsidized Stafford loans, beginning on July 

1, 2012. This elimination does not apply to students enrolled in a 

program leading up to a degree or certificate or students enrolled 

in a program necessary for a teaching credential or certification 

where such credential or certification is required by the state. 

Sec. 503. Termination of Direct Loan Repayment Incentives 

This section sunsets the Secretary of Education’s authority to 

provide incentives for on-time repayment of student loans on July 

1, 2012. This section also explicitly prohibits the Secretary of EduVerDate Mar 15 2010 06:05 Aug 02, 2011 Jkt 099008 PO 00000 Frm 00009 Fmt 6659 Sfmt 6602 E:\HR\OC\HR190.XXX HR190

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cation from creating any incentives for on-time repayment of student loans. 

Sec. 504. Inapplicability of Title IV Negotiated Rulemaking and 

Master Calendar Exception 

This section clarifies that the negotiated rulemaking requirement 

included in title IV and the master calendar requirements to not 

apply to the changes made in this Act. 

TEXT OF AMENDMENT CONSIDERED AS ADOPTED 

Strike all after the enacting clause and insert the following: 

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

(a) SHORT TITLE.—This Act may be cited as the ‘‘Budget Control 

Act of 2011’’. 

(b) TABLE OF CONTENTS.—The table of contents for this Act is as 

follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Severability. 

TITLE I—TEN-YEAR DISCRETIONARY CAPS WITH SEQUESTER 

Sec. 101. Enforcing discretionary spending limits. 

Sec. 102. Definitions. 

Sec. 103. Reports and orders. 

Sec. 104. Expiration. 

Sec. 105. Amendments to the Congressional Budget and Impoundment Control Act 

of 1974. 

Sec. 106. Senate budget enforcement. 

TITLE II—VOTE ON THE BALANCED BUDGET AMENDMENT 

Sec. 201. Vote on the balanced budget amendment. 

Sec. 202. Consideration by the other House. 

TITLE III—DEBT CEILING DISAPPROVAL PROCESS 

Sec. 301. Debt ceiling disapproval process. 

Sec. 302. Enforcement of budget goal. 

TITLE IV—JOINT SELECT COMMITTEE ON DEFICIT REDUCTION 

Sec. 401. Establishment of Joint Select Committee. 

Sec. 402. Expedited consideration of joint committee recommendations. 

Sec. 403. Funding. 

Sec. 404. Rulemaking. 

TITLE V—PELL GRANT AND STUDENT LOAN PROGRAM CHANGES 

Sec. 501. Federal Pell grants. 

Sec. 502. Termination of authority to make interest subsidized loans to graduate 

and professional students. 

Sec. 503. Termination of direct loan repayment incentives. 

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

SEC. 2. SEVERABILITY. 

If any provision of this Act, or any application of such provision 

to any person or circumstance, is held to be unconstitutional, the 

remainder of this Act and the application of this Act to any other 

person or circumstance shall not be affected. 


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TITLE I—TEN-YEAR DISCRETIONARY CAPS WITH 

SEQUESTER 

SEC. 101. ENFORCING DISCRETIONARY SPENDING LIMITS. 

Section 251 of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended to read as follows: 

‘‘SEC. 251. ENFORCING DISCRETIONARY SPENDING LIMITS. 

‘‘(a) ENFORCEMENT.— ‘‘(1) SEQUESTRATION.—Within 15 calendar days after Congress adjourns to end a session there shall be a sequestration 

to eliminate a budget-year breach, if any, within any category. 

‘‘(2) ELIMINATING A BREACH.—Each non-exempt account within a category shall be reduced by a dollar amount calculated 

by multiplying the enacted level of sequestrable budgetary resources in that account at that time by the uniform percentage 

necessary to eliminate a breach within that category. 

‘‘(3) MILITARY PERSONNEL.—If the President uses the authority to exempt any personnel account from sequestration under 

section 255(f), each account within subfunctional category 051 

(other than those military personnel accounts for which the authority provided under section 255(f) has been exercised) shall 

be further reduced by a dollar amount calculated by multiplying the enacted level of non-exempt budgetary resources in 

that account at that time by the uniform percentage necessary 

to offset the total dollar amount by which outlays are not reduced in military personnel accounts by reason of the use of 

such authority. 

‘‘(4) PART-YEAR APPROPRIATIONS.—If, on the date specified in 

paragraph (1), there is in effect an Act making or continuing 

appropriations for part of a fiscal year for any budget account, 

then the dollar sequestration calculated for that account under 

paragraphs (2) and (3) shall be subtracted from— 

‘‘(A) the annualized amount otherwise available by law 

in that account under that or a subsequent part-year appropriation; and 

‘‘(B) when a full-year appropriation for that account is 

enacted, from the amount otherwise provided by the fullyear appropriation for that account. 

‘‘(5) LOOK-BACK.—If, after June 30, an appropriation for the 

fiscal year in progress is enacted that causes a breach within 

a category for that year (after taking into account any sequestration of amounts within that category), the discretionary 

spending limits for that category for the next fiscal year shall 

be reduced by the amount or amounts of that breach. 

‘‘(6) WITHIN-SESSION SEQUESTRATION.—If an appropriation 

for a fiscal year in progress is enacted (after Congress adjourns 

to end the session for that budget year and before July 1 of 

that fiscal year) that causes a breach within a category for that 

year (after taking into account any prior sequestration of 

amounts within that category), 15 days later there shall be a 

sequestration to eliminate that breach within that category following the procedures set forth in paragraphs (2) through (4). 

‘‘(7) ESTIMATES.— 

‘‘(A) CBO ESTIMATES.—As soon as practicable after Congress completes action on any discretionary appropriation, 


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CBO, after consultation with the Committees on the Budget of the House of Representatives and the Senate, shall 

provide OMB with an estimate of the amount of discretionary new budget authority and outlays for the current 

year, if any, and the budget year provided by that legislation. 

‘‘(B) OMB ESTIMATES AND EXPLANATION OF DIF- FERENCES.—Not later than 7 calendar days (excluding Saturdays, Sundays, and legal holidays) after the date of enactment of any discretionary appropriation, OMB shall 

transmit a report to the House of Representatives and to 

the Senate containing the CBO estimate of that legislation, an OMB estimate of the amount of discretionary new 

budget authority and outlays for the current year, if any, 

and the budget year provided by that legislation, and an 

explanation of any difference between the 2 estimates. If 

during the preparation of the report OMB determines that 

there is a significant difference between OMB and CBO, 

OMB shall consult with the Committees on the Budget of 

the House of Representatives and the Senate regarding 

that difference and that consultation shall include, to the 

extent practicable, written communication to those committees that affords such committees the opportunity to 

comment before the issuance of the report. 

‘‘(C) ASSUMPTIONS AND GUIDELINES.—OMB estimates 

under this paragraph shall be made using current economic and technical assumptions. OMB shall use the OMB 

estimates transmitted to the Congress under this paragraph. OMB and CBO shall prepare estimates under this 

paragraph in conformance with scorekeeping guidelines 

determined after consultation among the Committees on 

the Budget of the House of Representatives and the Senate, CBO, and OMB. 

‘‘(D) ANNUAL APPROPRIATIONS.—For purposes of this 

paragraph, amounts provided by annual appropriations 

shall include any discretionary appropriations for the current year, if any, and the budget year in accounts for 

which funding is provided in that legislation that result 

from previously enacted legislation. 

‘‘(b) ADJUSTMENTS TO DISCRETIONARY SPENDING LIMITS.— 

‘‘(1) CONCEPTS AND DEFINITIONS.—When the President submits the budget under section 1105 of title 31, United States 

Code, OMB shall calculate and the budget shall include adjustments to discretionary spending limits (and those limits as cumulatively adjusted) for the budget year and each outyear to 

reflect changes in concepts and definitions. Such changes shall 

equal the baseline levels of new budget authority and outlays 

using up-to-date concepts and definitions, minus those levels 

using the concepts and definitions in effect before such 

changes. Such changes may only be made after consultation 

with the Committees on Appropriations and the Budget of the 

House of Representatives and the Senate, and that consultation shall include written communication to such committees 

that affords such committees the opportunity to comment before official action is taken with respect to such changes. 


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‘‘(2) SEQUESTRATION REPORTS.—When OMB submits a sequestration report under section 254(e), (f), or (g) for a fiscal 

year, OMB shall calculate, and the sequestration report and 

subsequent budgets submitted by the President under section 

1105(a) of title 31, United States Code, shall include adjustments to discretionary spending limits (and those limits as adjusted) for the fiscal year and each succeeding year, as follows: 

‘‘(A) EMERGENCY APPROPRIATIONS; OVERSEAS CONTINGENCY OPERATIONS/GLOBAL WAR ON TERRORISM.—If, for any 

fiscal year, appropriations for discretionary accounts are 

enacted that— 

‘‘(i) the Congress designates as emergency requirements in statute on an account by account basis and 

the President subsequently so designates, or 

‘‘(ii) the Congress designates for Overseas Contingency Operations/Global War on Terrorism in statute 

on an account by account basis and the President subsequently so designates, 

the adjustment shall be the total of such appropriations in 

discretionary accounts designated as emergency requirements or for Overseas Contingency Operations/Global War 

on Terrorism, as applicable. 

‘‘(B) CONTINUING DISABILITY REVIEWS AND REDETERMINATIONS.—(i) If a bill or joint resolution making appropriations for a fiscal year is enacted that specifies an amount 

for continuing disability reviews under titles II and XVI of 

the Social Security Act and for the cost associated with 

conducting redeterminations of eligibility under title XVI 

of the Social Security Act, then the adjustments for that 

fiscal year shall be the additional new budget authority 

provided in that Act for such expenses for that fiscal year, 

but shall not exceed— 

‘‘(I) for fiscal year 2012, $623,000,000 in additional 

new budget authority; 

‘‘(II) for fiscal year 2013, $751,000,000 in additional 

new budget authority; 

‘‘(III) for fiscal year 2014, $924,000,000 in additional 

new budget authority; 

‘‘(IV) for fiscal year 2015, $1,123,000,000 in additional new budget authority; 

‘‘(V) for fiscal year 2016, $1,166,000,000 in additional new budget authority; 

‘‘(VI) for fiscal year 2017, $1,309,000,000 in additional new budget authority; 

‘‘(VII) for fiscal year 2018, $1,309,000,000 in additional new budget authority; 

‘‘(VIII) for fiscal year 2019, $1,309,000,000 in additional new budget authority; 

‘‘(IX) for fiscal year 2020, $1,309,000,000 in additional new budget authority; and 

‘‘(X) for fiscal year 2021, $1,309,000,000 in additional new budget authority. 

‘‘(ii) As used in this subparagraph— 


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‘‘(I) the term ‘continuing disability reviews’ means 

continuing disability reviews under sections 221(i) and 

1614(a)(4) of the Social Security Act; 

‘‘(II) the term ‘redetermination’ means redetermination of eligibility under sections 1611(c)(1) and 

1614(a)(3)(H) of the Social Security Act; and 

‘‘(III) the term ‘additional new budget authority’ 

means the amount provided for a fiscal year, in excess 

of $273,000,000, in an appropriation Act and specified 

to pay for the costs of continuing disability reviews 

and redeterminations under the heading ‘Limitation 

on Administrative Expenses’ for the Social Security 

Administration. 

‘‘(C) HEALTH CARE FRAUD AND ABUSE CONTROL.—(i) If a 

bill or joint resolution making appropriations for a fiscal 

year is enacted that specifies an amount for the health 

care fraud abuse control program at the Department of 

Health and Human Services (75–8393–0–7–571), then the 

adjustments for that fiscal year shall be the amount of additional new budget authority provided in that Act for such 

program for that fiscal year, but shall not exceed— 

‘‘(I) for fiscal year 2012, $270,000,000 in additional 

new budget authority; 

‘‘(II) for fiscal year 2013, $299,000,000 in additional 

new budget authority; 

‘‘(III) for fiscal year 2014, $329,000,000 in additional 

new budget authority; 

‘‘(IV) for fiscal year 2015, $361,000,000 in additional 

new budget authority; 

‘‘(V) for fiscal year 2016, $395,000,000 in additional 

new budget authority; 

‘‘(VI) for fiscal year 2017, $414,000,000 in additional 

new budget authority; 

‘‘(VII) for fiscal year 2018, $434,000,000 in additional new budget authority; 

‘‘(VIII) for fiscal year 2019, $454,000,000 in additional new budget authority; 

‘‘(IX) for fiscal year 2020, $475,000,000 in additional 

new budget authority; and 

‘‘(X) for fiscal year 2021, $496,000,000 in additional 

new budget authority. 

‘‘(ii) As used in this subparagraph, the term ‘additional 

new budget authority’ means the amount provided for a 

fiscal year, in excess of $311,000,000, in an appropriation 

Act and specified to pay for the costs of the health care 

fraud and abuse control program. 

‘‘(D) DISASTER FUNDING.— 

‘‘(i) If, for fiscal years 2012 through 2021, appropriations for discretionary accounts are enacted that Congress designates as being for disaster relief in statute, 

the adjustment for a fiscal year shall be the total of 

such appropriations for the fiscal year in discretionary 

accounts designated as being for disaster relief, but 

not to exceed the total of— 


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‘‘(I) the average funding provided for disaster relief over the previous 10 years, excluding the highest and lowest years; and 

‘‘(II) the amount, for years when the enacted 

new discretionary budget authority designated as 

being for disaster relief for the preceding fiscal 

year was less than the average as calculated in 

subclause (I) for that fiscal year, that is the difference between the enacted amount and the allowable adjustment as calculated in such subclause for that fiscal year. 

‘‘(ii) OMB shall report to the Committees on Appropriations and Budget in each House the average calculated pursuant to clause (i)(II), not later than 30 

days after the date of the enactment of the Budget 

Control Act of 2011. 

‘‘(iii) For the purposes of this subparagraph, the 

term ‘disaster relief’ means activities carried out pursuant to a determination under section 102(2) of the 

Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122(2)). 

‘‘(iv) Appropriations considered disaster relief under 

this subparagraph in a fiscal year shall not be eligible 

for adjustments under subparagraph (A) for the fiscal 

year. 

‘‘(c) DISCRETIONARY SPENDING LIMIT.—As used in this part, the 

term ‘discretionary spending limit’ means— 

‘‘(1) with respect to fiscal year 2012— 

‘‘(A) for the security category, $684,000,000,000 in new 

budget authority; and 

‘‘(B) for the nonsecurity category, $359,000,000,000 in 

new budget authority; 

‘‘(2) with respect to fiscal year 2013— 

‘‘(A) for the security category, $686,000,000,000 in new 

budget authority; and 

‘‘(B) for the nonsecurity category, $361,000,000,000 in 

new budget authority; 

‘‘(3) with respect to fiscal year 2014, for the discretionary category, $1,066,000,000,000 in new budget authority; 

‘‘(4) with respect to fiscal year 2015, for the discretionary category, $1,086,000,000,000 in new budget authority; 

‘‘(5) with respect to fiscal year 2016, for the discretionary category, $1,107,000,000,000 in new budget authority; 

‘‘(6) with respect to fiscal year 2017, for the discretionary category, $1,131,000,000,000 in new budget authority; 

‘‘(7) with respect to fiscal year 2018, for the discretionary category, $1,156,000,000,000 in new budget authority; 

‘‘(8) with respect to fiscal year 2019, for the discretionary category, $1,182,000,000,000 in new budget authority; 

‘‘(9) with respect to fiscal year 2020, for the discretionary category, $1,208,000,000,000 in new budget authority; and 

‘‘(10) with respect to fiscal year 2021, for the discretionary 

category, $1,234,000,000,000 in new budget authority; 

as adjusted in strict conformance with subsection (b).’’. 


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SEC. 102. DEFINITIONS. 

Section 250(c) of the Balanced Budget and Emergency Deficit 

Control Act of 1985 is amended as follows: 

(1) Strike paragraph (4) and insert the following new paragraph: 

‘‘(4)(A) The term ‘nonsecurity category’ means all discretionary appropriations not included in the security category defined in subparagraph (B). 

‘‘(B) The term ‘security category’ includes discretionary appropriations associated with agency budgets for the Department of Defense, the Department of Homeland Security, the 

Department of Veterans Affairs, the National Nuclear Security 

Administration, the intelligence community management account (95–0401–0–1–054), and all budget accounts in budget 

function 150 (international affairs). 

‘‘(C) The term ‘discretionary category’ includes all discretionary appropriations.’’. 

(2) In paragraph (8)(C), strike ‘‘the food stamp program’’ and 

insert ‘‘the Supplemental Nutrition Assistance Program’’. 

(3) Strike paragraph (14) and insert the following new paragraph: 

‘‘(14) The term ‘outyear’ means a fiscal year one or more 

years after the budget year.’’. 

(4) At the end, add the following new paragraphs: 

‘‘(20) The term ‘emergency’ means a situation that— 

‘‘(A) requires new budget authority and outlays (or new 

budget authority and the outlays flowing therefrom) for 

the prevention or mitigation of, or response to, loss of life 

or property, or a threat to national security; and 

‘‘(B) is unanticipated. 

‘‘(21) The term ‘unanticipated’ means that the underlying situation is— 

‘‘(A) sudden, which means quickly coming into being or 

not building up over time; 

‘‘(B) urgent, which means a pressing and compelling 

need requiring immediate action; 

‘‘(C) unforeseen, which means not predicted or anticipated as an emerging need; and 

‘‘(D) temporary, which means not of a permanent duration.’’. 

SEC. 103. REPORTS AND ORDERS. 

Section 254 of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended as follows: 

(1) In subsection (c)(2), strike ‘‘2002’’ and insert ‘‘2021’’. 

(2) At the end of subsection (e), insert ‘‘This report shall also 

contain a preview estimate of the adjustment for disaster funding for the upcoming fiscal year.’’. 

(3) In subsection (f)(2)(A), strike ‘‘2002’’ and insert ‘‘2021’’; 

before the concluding period insert ‘‘, including a final estimate 

of the adjustment for disaster funding’’. 

SEC. 104. EXPIRATION. 

(a) REPEALER.—Section 275 of the Balanced Budget and Emergency Deficit Control Act of 1985 is repealed. 


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(b) CONFORMING CHANGE.—Sections 252(d)(1), 254(c), 254(f)(3), 

and 254(i) of the Balanced Budget and Emergency Deficit Control 

Act of 1985 shall not apply to the Congressional Budget Office. 

SEC. 105. AMENDMENTS TO THE CONGRESSIONAL BUDGET AND IMPOUNDMENT CONTROL ACT OF 1974. 

(a) ADJUSTMENTS.—Section 314 of the Congressional Budget Act 

of 1974 is amended as follows: 

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

‘‘(a) ADJUSTMENTS.—After the reporting of a bill or joint resolution or the offering of an amendment thereto or the submission of 

a conference report thereon, the chairman of the Committee on the 

Budget of the House of Representatives or the Senate may make 

appropriate budgetary adjustments of new budget authority and 

the outlays flowing therefrom in the same amount as required by 

section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985.’’. 

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

(c) and (d) as subsections (b) and (c), respectively. 

(3) At the end, add the following new subsections: 

‘‘(d) EMERGENCIES IN THE HOUSE OF REPRESENTATIVES.— (1) In 

the House of Representatives, if a reported bill or joint resolution, 

or amendment thereto or conference report thereon, contains a provision providing new budget authority and outlays or reducing revenue, and a designation of such provision as an emergency requirement pursuant to 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, the chair of the Committee on 

the Budget of the House of Representatives shall not count the 

budgetary effects of such provision for purposes of title III and title 

IV of the Congressional Budget Act of 1974 and the Rules of the 

House of Representatives. 

‘‘(2)(A) In the House of Representatives, if a reported bill or joint 

resolution, or amendment thereto or conference report thereon, contains a provision providing new budget authority and outlays or reducing revenue, and a designation of such provision as an emergency pursuant to paragraph (1), the chair of the Committee on the 

Budget shall not count the budgetary effects of such provision for 

purposes of this title and title IV and the Rules of the House of 

Representatives. 

‘‘(B) In the House of Representatives, a proposal to strike a designation under subparagraph (A) shall be excluded from an evaluation of budgetary effects for purposes of this title and title IV and 

the Rules of the House of Representatives. 

‘‘(C) An amendment offered under subparagraph (B) that also 

proposes to reduce each amount appropriated or otherwise made 

available by the pending measure that is not required to be appropriated or otherwise made available shall be in order at any point 

in the reading of the pending measure. 

‘‘(e) ENFORCEMENT OF DISCRETIONARY SPENDING CAPS.—It shall 

not be in order in the House of Representatives or the Senate to 

consider any bill, joint resolution, amendment, motion, or conference report that would cause the discretionary spending limits 

as set forth in section 251 of the Balanced Budget and Emergency 

Deficit Control Act to be exceeded.’’. 


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(b) DEFINITIONS.—Section 3 of the Congressional Budget and Impoundment Control Act of 1974 is amended by adding at the end 

the following new paragraph: 

‘‘(11) The terms ‘emergency’ and ‘unanticipated’ have the 

meanings given to such terms in section 250(c) of the Balanced 

Budget and Emergency Deficit Control Act of 1985.’’. 

(c) APPEALS FOR DISCRETIONARY CAPS.—Section 904(c)(2) of the 

Congressional Budget Act of 1974 is amended by striking ‘‘and 

312(c)’’ and inserting ‘‘312(c), and 314(e)’’. 

SEC. 106. SENATE BUDGET ENFORCEMENT. 

(a) IN GENERAL.— (1) For the purpose of enforcing the Congressional Budget 

Act of 1974 through April 15, 2012, including section 300 of 

that Act, and enforcing budgetary points of order in prior concurrent resolutions on the budget, the allocations, aggregates, 

and levels set in subsection (b)(1) shall apply in the Senate in 

the same manner as for a concurrent resolution on the budget 

for fiscal year 2012 with appropriate budgetary levels for fiscal 

years 2011 and 2013 through 2021. 

(2) For the purpose of enforcing the Congressional Budget 

Act of 1974 after April 15, 2012, including section 300 of that 

Act, and enforcing budgetary points of order in prior concurrent resolutions on the budget, the allocations, aggregates, and 

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

same manner as for a concurrent resolution on the budget for 

fiscal year 2013 with appropriate budgetary levels for fiscal 

years 2012 and 2014 through 2022. 

(b) COMMITTEE ALLOCATIONS, AGGREGATES, AND LEVELS.— (1) As soon as practicable after the date of enactment of this 

section, the Chairman of the Committee on the Budget shall 

file— 

(A) for the Committee on Appropriations, committee allocations for fiscal years 2011 and 2012 consistent with the 

discretionary spending limits set forth in this Act for the 

purpose of enforcing section 302 of the Congressional 

Budget Act of 1974; 

(B) for all committees other than the Committee on Appropriations, committee allocations for fiscal years 2011, 

2012, 2012 through 2016, and 2012 through 2021 consistent with the Congressional Budget Office’s March 2011 

baseline adjusted to account for the budgetary effects of 

this Act and legislation enacted prior to this Act but not 

included in the Congressional Budget Office’s March 2011 

baseline, for the purpose of enforcing section 302 of the 

Congressional Budget Act of 1974; 

(C) aggregate spending levels for fiscal years 2011 and 

2012 and aggregate revenue levels for fiscal years 2011, 

2012, 2012 through 2016, 2012 through 2021 consistent 

with the Congressional Budget Office’s March 2011 baseline adjusted to account for the budgetary effects of this 

Act and legislation enacted prior to this Act but not included in the Congressional Budget Office’s March 2011 

baseline, and the discretionary spending limits set forth in 

this Act for the purpose of enforcing section 311 of the 

Congressional Budget Act of 1974; and 


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(D) levels of Social Security revenues and outlays for fiscal years 2011, 2012, 2012 through 2016, and 2012 

through 2021 consistent with the Congressional Budget 

Office’s March 2011 baseline adjusted to account for the 

budgetary effects of this Act and legislation enacted prior 

to this Act but not included in the Congressional Budget 

Office’s March 2011 baseline, for the purpose of enforcing 

sections 302 and 311 of the Congressional Budget Act of 

1974. 

(2) Not later than April 15, 2012, the Chairman of the Committee on the Budget shall file— 

(A) for the Committee on Appropriations, committee allocations for fiscal years 2012 and 2013 consistent with the 

discretionary spending limits set forth in this Act for the 

purpose of enforcing section 302 of the Congressional 

Budget Act of 1974; 

(B) for all committees other than the Committee on Appropriations, committee allocations for fiscal years 2012, 

2013, 2013 through 2017, and 2013 through 2022 consistent with the Congressional Budget Office’s March 2012 

baseline for the purpose of enforcing section 302 of the 

Congressional Budget Act of 1974; 

(C) aggregate spending levels for fiscal years 2012 and 

2013 and aggregate revenue levels for fiscal years 2012, 

2013, 2013–2017, and 2013–2022 consistent with the Congressional Budget Office’s March 2012 baseline and the 

discretionary spending limits set forth in this Act for the 

purpose of enforcing section 311 of the Congressional 

Budget Act of 1974; and 

(D) levels of Social Security revenues and outlays for fiscal years 2012 and 2013, 2013–2017, and 2013–2022 consistent with the Congressional Budget Office’s March 2012 

baseline budget for the purpose of enforcing sections 302 

and 311 of the Congressional Budget Act of 1974. 

(c) SENATE PAY-AS-YOU-GO SCORECARD.— 

(1) Effective on the date of enactment of this section, for the 

purpose of enforcing section 201 of S. Con. Res. 21 (110th Congress), the Chairman of the Senate Committee on the Budget 

shall reduce any balances of direct spending and revenues for 

any fiscal year to 0 (zero). 

(2) Not later than April 15, 2012, for the purpose of enforcing 

section 201 of S. Con. Res. 21 (110th Congress), the Chairman 

of the Senate Committee on the Budget shall reduce any balances of direct spending and revenues for any fiscal year to 0 

(zero). 

(3) Upon resetting the Senate paygo scorecard pursuant to 

paragraph (2), the Chairman shall publish a notification of 

such action in the Congressional Record. 

(d) FURTHER ADJUSTMENTS.— 

(1) The Chairman of the Committee on the Budget of the 

Senate may revise any allocations, aggregates, or levels set 

pursuant to this section to account for any subsequent adjustments to discretionary spending limits made pursuant to this 

Act. 


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(2) With respect to any allocations, aggregates, or levels set 

or adjustments made pursuant to this section, sections 412 

through 414 of S. Con. Res. 13 (111th Congress) shall remain 

in effect. 

(e) EXPIRATION.— 

(1) Subsections (a)(1), (b)(1), and (c)(1) shall expire if a concurrent resolution on the budget for fiscal year 2012 is agreed 

to by the Senate and House of Representatives pursuant to section 301 of the Congressional Budget Act of 1974. 

(2) Subsections (a)(2), (b)(2), and (c)(2) shall expire if a concurrent resolution on the budget for fiscal year 2013 is agreed 

to by the Senate and House of Representatives pursuant to section 301 of the Congressional Budget Act of 1974. 

TITLE II—VOTE ON THE BALANCED BUDGET 

AMENDMENT 

SEC. 201. VOTE ON THE BALANCED BUDGET AMENDMENT. 

After September 30, 2011, and not later than December 31, 2011, 

the House of Representatives and Senate, respectively, shall vote 

on passage of a joint resolution, the title of which is as follows: 

‘‘Joint resolution proposing a balanced budget amendment to the 

Constitution of the United States.’’. 

SEC. 202. CONSIDERATION BY THE OTHER HOUSE. 

(a) HOUSE CONSIDERATION.— 

(1) REFERRAL.—If the House receives a joint resolution described in section 201 from the Senate, such joint resolution 

shall be referred to the Committee on the Judiciary. If the 

committee fails to report the joint resolution within five legislative days, it shall be in order to move that the House discharge 

the committee from further consideration of the joint resolution. Such a motion shall not be in order after the House has 

disposed of a motion to discharge the joint resolution. The previous question shall be considered as ordered on the motion to 

its adoption without intervening motion except twenty minutes 

of debate equally divided and controlled by the proponent and 

an opponent. If such a motion is adopted, the House shall proceed immediately to consider the joint resolution in accordance 

with paragraph (3). A motion to reconsider the vote by which 

the motion is disposed of shall not be in order. 

(2) PROCEEDING TO CONSIDERATION.—After the joint resolution has been referred to the appropriate calendar or the committee has been discharged (other than by motion) from its 

consideration, it shall be in order to move to proceed to consider the joint resolution in the House. Such a motion shall not 

be in order after the House has disposed of a motion to proceed 

with respect to the joint resolution. The previous question shall 

be considered as ordered on the motion to its adoption without 

intervening motion. A motion to reconsider the vote by which 

the motion is disposed of shall not be in order. 

(3) CONSIDERATION.—The joint resolution shall be considered 

as read. All points of order against the joint resolution and 

against its consideration are waived. The previous question 

shall be considered as ordered on the joint resolution to its passage without intervening motion except two hours of debate 


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equally divided and controlled by the proponent and an opponent and one motion to limit debate on the joint resolution. A 

motion to reconsider the vote on passage of the joint resolution 

shall not be in order. 

(b) SENATE CONSIDERATION.—(1) If the Senate receives a joint 

resolution described in section 201 from the House of Representatives, such joint resolution shall be referred to the appropriate committee of the Senate. If such committee has not reported the joint 

resolution at the close of the fifth session day after its receipt by 

the Senate, such committee shall be automatically discharged from 

further consideration of the joint resolution and it shall be placed 

on the appropriate calendar. 

(2) Consideration of the joint resolution and on all debatable motions and appeals in connection therewith, shall be limited to not 

more than 20 hours, which shall be divided equally between the 

majority and minority leaders or their designees. A motion further 

to limit debate is in order and not debatable. An amendment to, 

or a motion to postpone, or a motion to proceed to the consideration 

of other business, or a motion to recommit the joint resolution is 

not in order. Any debatable motion or appeal is debatable for not 

to exceed 1 hour, to be divided equally between those favoring and 

those opposing the motion or appeal. All time used for consideration of the joint resolution, including time used for quorum calls 

and voting, shall be counted against the total 20 hours of consideration. 

(3) If the Senate has voted to proceed to a joint resolution, the 

vote on passage of the joint resolution shall be taken on or before 

the close of the seventh session day after such joint resolution has 

been reported or discharged or immediately following the conclusion of consideration of the joint resolution, and a single quorum 

call at the conclusion of the debate if requested in accordance with 

the rules of the Senate. 

TITLE III—DEBT CEILING DISAPPROVAL PROCESS 

SEC. 301. DEBT CEILING DISAPPROVAL PROCESS. 

(a) IN GENERAL.—Subchapter I of chapter 31 of subtitle III of 

title 31, United States Code, is amended— 

(1) in section 3101(b), by striking ‘‘or otherwise’’ and inserting ‘‘or as provided by section 3101A or otherwise’’; and 

(2) by inserting after section 3101 the following: 

‘‘§ 3101A. Presidential modification of the debt ceiling 

‘‘(a) IN GENERAL.— 

‘‘(1) $900 BILLION.— 

‘‘(A) CERTIFICATION.—If, not later than December 31, 

2011, the President submits a written certification to Congress that the President has determined that the debt subject to limit is within $100,000,000,000 of the limit in section 3101(b) and that further borrowing is required to 

meet existing commitments, the Secretary of the Treasury 

may exercise authority to borrow an additional 

$900,000,000,000, subject to the enactment of a joint resolution of disapproval enacted pursuant to this section. 

Upon submission of such certification, the limit on debt 


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provided in section 3101(b) (referred to in this section as 

the ‘debt limit’) is increased by $400,000,000,000. 

‘‘(B) RESOLUTION OF DISAPPROVAL.—Congress may consider a joint resolution of disapproval of the authority 

under subparagraph (A) as provided in subsections (b) 

through (f). The joint resolution of disapproval considered 

under this section shall contain only the language provided 

in subsection (b)(2). If the time for disapproval has lapsed 

without enactment of a joint resolution of disapproval 

under this section, the debt limit is increased by an additional $500,000,000,000. 

‘‘(2) ADDITIONAL AMOUNT.— 

‘‘(A) CERTIFICATION.—If, after the debt limit is increased 

by $900,000,000,000 under paragraph (1), the President 

submits a written certification to Congress that the President has determined that the debt subject to limit is within $100,000,000,000 of the limit in section 3101(b) and that 

further borrowing is required to meet existing commitments, the Secretary of the Treasury may, subject to the 

enactment of a joint resolution of disapproval enacted pursuant to this section, exercise authority to borrow an additional amount equal to— 

‘‘(i) $1,200,000,000,000, unless clause (ii) or (iii) applies; 

‘‘(ii) $1,500,000,000,000 if the Archivist of the 

United States has submitted to the States for their 

ratification a proposed amendment to the Constitution 

of the United States pursuant to a joint resolution entitled ‘Joint resolution proposing a balanced budget 

amendment to the Constitution of the United States’; 

or 

‘‘(iii) if a joint committee bill to achieve an amount 

greater than $1,200,000,000,000 in deficit reduction as 

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

Control Act of 2011 is enacted, an amount equal to the 

amount of that deficit reduction, but not greater than 

$1,500,000,000,000, unless clause (ii) applies. 

‘‘(B) RESOLUTION OF DISAPPROVAL.—Congress may consider a joint resolution of disapproval of the authority 

under subparagraph (A) as provided in subsections (b) 

through (f). The joint resolution of disapproval considered 

under this section shall contain only the language provided 

in subsection (b)(2). If the time for disapproval has lapsed 

without enactment of a joint resolution of disapproval 

under this section, the debt limit is increased by the 

amount authorized under subparagraph (A). 

‘‘(b) JOINT RESOLUTION OF DISAPPROVAL.— 

‘‘(1) IN GENERAL.—Except for the $400,000,000,000 increase 

in the debt limit provided by subsection (a)(1)(A), the debt limit 

may not be raised under this section if, within 50 calendar 

days after the date on which Congress receives a certification 

described in subsection (a)(1) or within 15 calendar days after 

Congress receives the certification described in subsection 

(a)(2) (regardless of whether Congress is in session), there is 


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enacted into law a joint resolution disapproving the President’s 

exercise of authority with respect to such additional amount. 

‘‘(2) CONTENTS OF JOINT RESOLUTION.—For the purpose of 

this section, the term ‘joint resolution’ means only a joint resolution— 

‘‘(A)(i) for the certification described in subsection (a)(1), 

that is introduced on September 6, 7, 8, or 9, 2011 (or, if 

the Senate was not in session, the next calendar day on 

which the Senate is in session); and 

‘‘(ii) for the certification described in subsection 

(a)(2), that is introduced between the date the certification is received and 3 calendar days after that date; 

‘‘(B) which does not have a preamble; 

‘‘(C) the title of which is only as follows: ‘Joint resolution 

relating to the disapproval of the President’s exercise of 

authority to increase the debt limit, as submitted under 

section 3101A of title 31, United States Code, on 

llllll’ (with the blank containing the date of such 

submission); and 

‘‘(D) the matter after the resolving clause of which is 

only as follows: ‘That Congress disapproves of the President’s exercise of authority to increase the debt limit, as 

exercised pursuant to the certification under section 

3101A(a) of title 31, United States Code.’. 

‘‘(c) EXPEDITED CONSIDERATION IN HOUSE OF REPRESENTA- TIVES.— 

‘‘(1) RECONVENING.—Upon receipt of a certification described 

in subsection (a)(2), the Speaker, if the House would otherwise 

be adjourned, shall notify the Members of the House that, pursuant to this section, the House shall convene not later than 

the second calendar day after receipt of such certification. 

‘‘(2) REPORTING AND DISCHARGE.—Any committee of the 

House of Representatives to which a joint resolution is referred 

shall report it to the House without amendment not later than 

5 calendar days after the date of introduction of a joint resolution described in subsection (a). If a committee fails to report 

the joint resolution within that period, the committee shall be 

discharged from further consideration of the joint resolution 

and the joint resolution shall be referred to the appropriate 

calendar. 

‘‘(3) PROCEEDING TO CONSIDERATION.—After each committee 

authorized to consider a joint resolution reports it to the House 

or has been discharged from its consideration, it shall be in 

order, not later than the sixth day after introduction of a joint 

resolution under subsection (a), to move to proceed to consider 

the joint resolution in the House. All points of order against 

the motion are waived. Such a motion shall not be in order 

after the House has disposed of a motion to proceed on a joint 

resolution addressing a particular submission. The previous 

question shall be considered as ordered on the motion to its 

adoption without intervening motion. The motion shall not be 

debatable. A motion to reconsider the vote by which the motion 

is disposed of shall not be in order. 

‘‘(4) CONSIDERATION.—The joint resolution shall be considered as read. All points of order against the joint resolution 


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and against its consideration are waived. The previous question shall be considered as ordered on the joint resolution to 

its passage without intervening motion except two hours of debate equally divided and controlled by the proponent and an 

opponent. A motion to reconsider the vote on passage of the 

joint resolution shall not be in order. 

‘‘(d) EXPEDITED PROCEDURE IN SENATE.— ‘‘(1) RECONVENING.—Upon receipt of a certification under 

subsection (a)(2), if the Senate has adjourned or recessed for 

more than 2 days, the majority leader of the Senate, after consultation with the minority leader of the Senate, shall notify 

the Members of the Senate that, pursuant to this section, the 

Senate shall convene not later than the second calendar day 

after receipt of such message. 

‘‘(2) PLACEMENT ON CALENDAR.—Upon introduction in the 

Senate, the joint resolution shall be immediately placed on the 

calendar. 

‘‘(3) FLOOR CONSIDERATION.— ‘‘(A) IN GENERAL.—Notwithstanding Rule XXII of the 

Standing Rules of the Senate, it is in order at any time 

during the period beginning on the day after the date on 

which Congress receives a certification under subsection 

(a) and, for the certification described in subsection (a)(1), 

ending on September 14, 2011, and for the certification described in subsection (a)(2), on the 6th day after the date 

on which Congress receives a certification under subsection (a) (even though a previous motion to the same effect has been disagreed to) to move to proceed to the consideration of the joint resolution, and all points of order 

against the joint resolution (and against consideration of 

the joint resolution) are waived. The motion to proceed is 

not debatable. The motion is not subject to a motion to 

postpone. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If 

a motion to proceed to the consideration of the resolution 

is agreed to, the joint resolution shall remain the unfinished business until disposed of. 

‘‘(B) CONSIDERATION.—Consideration of the joint resolution, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 10 hours, 

which shall be divided equally between the majority and 

minority leaders or their designees. A motion further to 

limit debate is in order and not debatable. An amendment 

to, or a motion to postpone, or a motion to proceed to the 

consideration of other business, or a motion to recommit 

the joint resolution is not in order. 

‘‘(C) VOTE ON PASSAGE.—If the Senate has voted to proceed to a joint resolution, the vote on passage of the joint 

resolution shall occur immediately following the conclusion 

of consideration of the joint resolution, and a single 

quorum call at the conclusion of the debate if requested in 

accordance with the rules of the Senate. 

‘‘(D) RULINGS OF THE CHAIR ON PROCEDURE.—Appeals 

from the decisions of the Chair relating to the application 

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dure relating to a joint resolution shall be decided without 

debate. 

‘‘(e) AMENDMENT NOT IN ORDER.—A joint resolution of disapproval considered pursuant to this section shall not be subject to 

amendment in either the House of Representatives or the Senate. 

‘‘(f) COORDINATION WITH ACTION BY OTHER HOUSE.— ‘‘(1) IN GENERAL.—If, before passing the joint resolution, one 

House receives from the other a joint resolution— 

‘‘(A) the joint resolution of the other House shall not be 

referred to a committee; and 

‘‘(B) the procedure in the receiving House shall be the 

same as if no joint resolution had been received from the 

other House until the vote on passage, when the joint resolution received from the other House shall supplant the 

joint resolution of the receiving House. 

‘‘(2) TREATMENT OF JOINT RESOLUTION OF OTHER HOUSE.—If 

the Senate fails to introduce or consider a joint resolution 

under this section, the joint resolution of the House shall be 

entitled to expedited floor procedures under this section. 

‘‘(3) TREATMENT OF COMPANION MEASURES.—If, following passage of the joint resolution in the Senate, the Senate then receives the companion measure from the House of Representatives, the companion measure shall not be debatable. 

‘‘(4) CONSIDERATION AFTER PASSAGE.—(A) If Congress passes 

a joint resolution, the period beginning on the date the President is presented with the joint resolution and ending on the 

date the President signs, allows to become law without his signature, or vetoes and returns the joint resolution (but excluding days when either House is not in session) shall be disregarded in computing the appropriate calendar day period described in subsection (b)(1). 

‘‘(B) Debate on a veto message in the Senate under this section shall be 1 hour equally divided between the majority and 

minority leaders or their designees. 

‘‘(5) VETO OVERRIDE.—If within the appropriate calendar day 

period described in subsection (b)(1), Congress overrides a veto 

of the joint resolution with respect to authority exercised pursuant to paragraph (1) or (2) of subsection (a), the limit on debt 

provided in section 3101(b) shall not be raised, except for the 

$400,000,000,000 increase in the limit provided by subsection 

(a)(1)(A). 

‘‘(6) SEQUESTRATION.—(A) If within the 50-calendar day period described in subsection (b)(1), the President signs the joint 

resolution, the President allows the joint resolution to become 

law without his signature, or Congress overrides a veto of the 

joint resolution with respect to authority exercised pursuant to 

paragraph (1) of subsection (a), there shall be a sequestration 

to reduce spending by $400,000,000,000. OMB shall implement 

the sequestration forthwith. 

‘‘(B) OMB shall implement each half of such sequestration in 

accordance with section 255, section 256, and subsections (c), 

(d), (e), and (f) of section 253 of the Balanced Budget and 

Emergency Deficit Control Act of 1985, and for the purpose of 

such implementation the term ‘excess deficit’ means the 

amount specified in subparagraph (A). 


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‘‘(g) RULES OF HOUSE OF REPRESENTATIVES AND SENATE.—This 

subsection and subsections (b), (c), (d), (e), and (f) (other than paragraph (6)) are enacted by Congress— 

‘‘(1) as an exercise of the rulemaking power of the Senate 

and House of Representatives, respectively, and as such it is 

deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in 

that House in the case of a joint resolution, and it supersedes 

other rules only to the extent that it is inconsistent with such 

rules; and 

‘‘(2) with full recognition of the constitutional right of either 

House to change the rules (so far as relating to the procedure 

of that House) at any time, in the same manner, and to the 

same extent as in the case of any other rule of that House.’’. 

(b) CONFORMING AMENDMENT.—The table of sections for chapter 

31 of title 31, United States Code, is amended by inserting after 

the item relating to section 3101 the following new item: 

‘‘3101A. Presidential modification of the debt ceiling.’’. 

SEC. 302. ENFORCEMENT OF BUDGET GOAL. 

(a) IN GENERAL.—The Balanced Budget and Emergency Deficit 

Control Act of 1985 is amended by inserting after section 251 the 

following new section: 

‘‘SEC. 251A. ENFORCEMENT OF BUDGET GOAL. 

‘‘Unless a joint committee bill achieving an amount greater than 

$1,200,000,000,000 in deficit reduction as provided in section 

401(b)(3)(B)(i)(II) of the Budget Control Act of 2011 is enacted by 

January 15, 2012, the discretionary spending limits listed in section 251(c) shall be revised, and discretionary appropriations and 

direct spending shall be reduced, as follows: 

‘‘(1) REVISED SECURITY CATEGORY; REVISED NONSECURITY CATEGORY.— (A) The term ‘revised security category’ means discretionary appropriations in budget function 050. 

‘‘(B) The term ‘revised nonsecurity category’ means discretionary appropriations other than in budget function 050. 

‘‘(2) REVISED DISCRETIONARY SPENDING LIMITS.—The discretionary spending limits for fiscal years 2013 through 2021 

under section 251(c) shall be replaced with the following: 

‘‘(A) For fiscal year 2013— 

‘‘(i) for the security category, $546,000,000,000 in 

budget authority; and 

‘‘(ii) for the nonsecurity category, $501,000,000,000 

in budget authority. 

‘‘(B) For fiscal year 2014— 

‘‘(i) for the security category, $556,000,000,000 in 

budget authority; and 

‘‘(ii) for the nonsecurity category, $510,000,000,000 

in budget authority. 

‘‘(C) For fiscal year 2015— 

‘‘(i) for the security category, $566,000,000,000 in 

budget authority; and 

‘‘(ii) for the nonsecurity category, $520,000,000,000 

in budget authority. 

‘‘(D) For fiscal year 2016— 


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‘‘(i) for the security category, $577,000,000,000 in 

budget authority; and 

‘‘(ii) for the nonsecurity category, $530,000,000,000 

in budget authority. 

‘‘(E) For fiscal year 2017— 

‘‘(i) for the security category, $590,000,000,000 in 

budget authority; and 

‘‘(ii) for the nonsecurity category, $541,000,000,000 

in budget authority. 

‘‘(F) For fiscal year 2018— 

‘‘(i) for the security category, $603,000,000,000 in 

budget authority; and 

‘‘(ii) for the nonsecurity category, $553,000,000,000 

in budget authority. 

‘‘(G) For fiscal year 2019— 

‘‘(i) for the security category, $616,000,000,000 in 

budget authority; and 

‘‘(ii) for the nonsecurity category, $566,000,000,000 

in budget authority. 

‘‘(H) For fiscal year 2020— 

‘‘(i) for the security category, $630,000,000,000 in 

budget authority; and 

‘‘(ii) for the nonsecurity category, $578,000,000,000 

in budget authority. 

‘‘(I) For fiscal year 2021— 

‘‘(i) for the security category, $644,000,000,000 in 

budget authority; and 

‘‘(ii) for the nonsecurity category, $590,000,000,000 

in budget authority. 

‘‘(3) CALCULATION OF TOTAL DEFICIT REDUCTION.—OMB shall 

calculate the amount of the deficit reduction required by this 

section for each of fiscal years 2013 through 2021 by— 

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

‘‘(B) subtracting the amount of deficit reduction achieved 

by the enactment of a joint committee bill, as provided in 

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

2011; 

‘‘(C) reducing the difference by 18 percent to account for 

debt service; and 

‘‘(D) dividing the result by 9. 

‘‘(4) ALLOCATION TO FUNCTIONS.—On January 2, 2013, for fiscal year 2013, and in its sequestration preview report for fiscal 

years 2014 through 2021 pursuant to section 254(c), OMB shall 

allocate half of the total reduction calculated pursuant to paragraph (3) for that year to discretionary appropriations and direct spending accounts within function 050 (defense function) 

and half to accounts in all other functions (nondefense functions). 

‘‘(5) DEFENSE FUNCTION REDUCTION.—OMB shall calculate 

the reductions to discretionary appropriations and direct 

spending for each of fiscal years 2013 through 2021 for defense 

function spending as follows: 

‘‘(A) DISCRETIONARY.—OMB shall calculate the reduction 

to discretionary appropriations by— 


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‘‘(i) taking the total reduction for the defense function allocated for that year under paragraph (4); 

‘‘(ii) multiplying by the discretionary spending limit 

for the revised security category for that year; and 

‘‘(iii) dividing by the sum of the discretionary spending limit for the security category and OMB’s baseline 

estimate of nonexempt outlays for direct spending programs within the defense function for that year. 

‘‘(B) DIRECT SPENDING.—OMB shall calculate the reduction to direct spending by taking the total reduction for the 

defense function required for that year under paragraph 

(4) and subtracting the discretionary reduction calculated 

pursuant to subparagraph (A). 

‘‘(6) NONDEFENSE FUNCTION REDUCTION.—OMB shall calculate the reduction to discretionary appropriations and to direct spending for each of fiscal years 2013 through 2021 for 

programs in nondefense functions as follows: 

‘‘(A) DISCRETIONARY.—OMB shall calculate the reduction 

to discretionary appropriations by— 

‘‘(i) taking the total reduction for nondefense functions allocated for that year under paragraph (4); 

‘‘(ii) multiplying by the discretionary spending limit 

for the revised nonsecurity category for that year; and 

‘‘(iii) dividing by the sum of the discretionary spending limit for the revised nonsecurity category and 

OMB’s baseline estimate of nonexempt outlays for direct spending programs in nondefense functions for 

that year. 

‘‘(B) DIRECT SPENDING.—OMB shall calculate the reduction to direct spending programs by taking the total reduction for nondefense functions required for that year under 

paragraph (4) and subtracting the discretionary reduction 

calculated pursuant to subparagraph (A). 

‘‘(7) IMPLEMENTING DISCRETIONARY REDUCTIONS.— 

‘‘(A) FISCAL YEAR 2013.—On January 2, 2013, for fiscal 

year 2013, OMB shall calculate and the President shall 

order a sequestration, effective upon issuance and under 

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

account within the security category or nonsecurity category by a dollar amount calculated by multiplying the 

baseline level of budgetary resources in that account at 

that time by a uniform percentage necessary to achieve— 

‘‘(i) for the revised security category, an amount 

equal to the defense function discretionary reduction 

calculated pursuant to paragraph (5); and 

‘‘(ii) for the revised nonsecurity category, an amount 

equal to the nondefense function discretionary reduction calculated pursuant to paragraph (6). 

‘‘(B) FISCAL YEARS 2014-2021.—On the date of the submission of its sequestration preview report for fiscal years 

2014 through 2021 pursuant to section 254(c) for each of 

fiscal years 2014 through 2021, OMB shall reduce the discretionary spending limit— 


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‘‘(i) for the revised security category by the amount 

of the defense function discretionary reduction calculated pursuant to paragraph (5); and 

‘‘(ii) for the revised nonsecurity category by the 

amount of the nondefense function discretionary reduction calculated pursuant to paragraph (6). 

‘‘(8) IMPLEMENTING DIRECT SPENDING REDUCTIONS.—On the 

date specified in paragraph (4) during each applicable year, 

OMB shall prepare and the President shall order a sequestration, effective upon issuance, of nonexempt direct spending to 

achieve the direct spending reduction calculated pursuant to 

paragraphs (5) and (6). When implementing the sequestration 

of direct spending pursuant to this paragraph, OMB shall follow the procedures specified in section 6 of the Statutory PayAs-You-Go Act of 2010, the exemptions specified in section 255, 

and the special rules specified in section 256, except that the 

percentage reduction for the Medicare programs specified in 

section 256(d) shall not be more than 2 percent for a fiscal 

year. 

‘‘(9) ADJUSTMENT FOR MEDICARE.—If the percentage reduction for the Medicare programs would exceed 2 percent for a 

fiscal year in the absence of paragraph (8), OMB shall increase 

the reduction for all other discretionary appropriations and direct spending under paragraph (6) by a uniform percentage to 

a level sufficient to achieve the reduction required by paragraph (6) in the non-defense function. 

‘‘(10) IMPLEMENTATION OF REDUCTIONS.—Any reductions imposed under this section shall be implemented in accordance 

with section 256(k). 

‘‘(11) REPORT.—On the dates specified in paragraph (4), OMB 

shall submit a report to Congress containing information about 

the calculations required under this section, the adjusted discretionary spending limits, a listing of the reductions required 

for each nonexempt direct spending account, and any other 

data and explanations that enhance public understanding of 

this title and actions taken under it.’’. 

(b) CONFORMING AMENDMENT.—The table of contents set forth in 

section 250(a) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by inserting after the item relating to 

section 251 the following: 

‘‘Sec. 251A. Enforcement of budget goal.’’. 

TITLE IV—JOINT SELECT COMMITTEE ON DEFICIT 

REDUCTION 

SEC. 401. ESTABLISHMENT OF JOINT SELECT COMMITTEE. 

(a) DEFINITIONS.—In this title: 

(1) JOINT COMMITTEE.—The term ‘‘joint committee’’ means 

the Joint Select Committee on Deficit Reduction established 

under subsection (b)(1). 

(2) JOINT COMMITTEE BILL.—The term ‘‘joint committee bill’’ 

means a bill consisting of the proposed legislative language of 

the joint committee recommended under subsection (b)(3)(B) 

and introduced under section 402(a). 

(b) ESTABLISHMENT OF JOINT SELECT COMMITTEE.— 


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(1) ESTABLISHMENT.—There is established a joint select committee of Congress to be known as the ‘‘Joint Select Committee 

on Deficit Reduction’’. 

(2) GOAL.—The goal of the joint committee shall be to reduce 

the deficit by at least $1,500,000,000,000 over the period of fiscal years 2012 to 2021. 

(3) DUTIES.— 

(A) IN GENERAL.— 

(i) IMPROVING THE SHORT-TERM AND LONG-TERM FISCAL IMBALANCE.—The joint committee shall provide 

recommendations and legislative language that will 

significantly improve the short-term and long-term fiscal imbalance of the Federal Government. 

(ii) RECOMMENDATIONS OF COMMITTEES.—Not later 

than October 14, 2011, each committee of the House of 

Representatives and the Senate may transmit to the 

joint committee its recommendations for changes in 

law to reduce the deficit consistent with the goal described in paragraph (2) for the joint committee’s consideration. 

(B) REPORT, RECOMMENDATIONS, AND LEGISLATIVE LANGUAGE.— 

(i) IN GENERAL.—Not later than November 23, 2011, 

the joint committee shall vote on— 

(I) a report that contains a detailed statement of 

the findings, conclusions, and recommendations of 

the joint committee and the estimate of the Congressional Budget Office required by paragraph 

(5)(D)(ii); and 

(II) proposed legislative language to carry out 

such recommendations as described in subclause 

(I), which shall include a statement of the deficit 

reduction achieved by the legislation over the period of fiscal years 2012 to 2021. 

Any change to the Rules of the House of Representatives or the Standing Rules of the Senate included in 

the report or legislative language shall be considered 

to be merely advisory. 

(ii) APPROVAL OF REPORT AND LEGISLATIVE LANGUAGE.—The report of the joint committee and the 

proposed legislative language described in clause (i) 

shall require the approval of a majority of the members of the joint committee. 

(iii) ADDITIONAL VIEWS.—A member of the joint committee who gives notice of an intention to file supplemental, minority, or additional views at the time of 

final joint committee vote on the approval of the report 

and legislative language under clause (ii) shall be entitled to 3 calendar days in which to file such views in 

writing with the staff director of the joint committee. 

Such views shall then be included in the joint committee report and printed in the same volume, or part 

thereof, and their inclusion shall be noted on the cover 

of the report. In the absence of timely notice, the joint 


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committee report may be printed and transmitted immediately without such views. 

(iv) TRANSMISSION OF REPORT AND LEGISLATIVE LANGUAGE.—If the report and legislative language are approved by the joint committee pursuant to clause (ii), 

then not later than December 2, 2011, the joint committee shall submit the joint committee report and 

legislative language described in clause (i) to the 

President, the Vice President, the Speaker of the 

House of Representatives, and the majority and minority Leaders of each House of Congress. 

(v) REPORT AND LEGISLATIVE LANGUAGE TO BE MADE

PUBLIC.—Upon the approval or disapproval of the joint 

committee report and legislative language pursuant to 

clause (ii), the joint committee shall promptly make 

the full report and legislative language, and a record 

of the vote, available to the public. 

(4) MEMBERSHIP.— 

(A) IN GENERAL.—The joint committee shall be composed 

of 12 members appointed pursuant to subparagraph (B). 

(B) APPOINTMENT.—Members of the joint committee 

shall be appointed as follows: 

(i) The majority leader of the Senate shall appoint 

3 members from among Members of the Senate. 

(ii) The minority leader of the Senate shall appoint 

3 members from among Members of the Senate. 

(iii) The Speaker of the House of Representatives 

shall appoint 3 members from among Members of the 

House of Representatives. 

(iv) The minority leader of the House of Representatives shall appoint 3 members from among Members 

of the House of Representatives. 

(C) CO-CHAIRS.— 

(i) IN GENERAL.—There shall be 2 Co-Chairs of the 

joint committee. The majority leader of the Senate 

shall appoint one Co-Chair from among the members 

of the joint committee. The Speaker of the House of 

Representatives shall appoint the second Co-Chair 

from among the members of the joint committee. The 

Co-Chairs shall be appointed not later than 14 calendar days after the date of enactment of this Act. 

(ii) STAFF DIRECTOR.—The Co-Chairs, acting jointly, 

shall hire the staff director of the joint committee. 

(D) DATE.—Members of the joint committee shall be appointed not later than 14 calendar days after the date of 

enactment of this Act. 

(E) PERIOD OF APPOINTMENT.—Members shall be appointed for the life of the joint committee. Any vacancy in 

the joint committee shall not affect its powers, but shall be 

filled not later than 14 calendar days after the date on 

which the vacancy occurs, in the same manner as the 

original designation was made. If a member of the joint 

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ber is no longer a member of the joint committee and a vacancy shall exist. 

(5) ADMINISTRATION.— (A) IN GENERAL.—To enable the joint committee to exercise its powers, functions, and duties, there are authorized 

to be disbursed by the Senate the actual and necessary expenses of the joint committee approved by the co-chairs, 

subject to the rules and regulations of the Senate. 

(B) EXPENSES.—In carrying out its functions, the joint 

committee is authorized to incur expenses in the same 

manner and under the same conditions as the Joint Economic Committee is authorized by section 11 of Public Law 

79–304 (15 U.S.C. 1024 (d)). 

(C) QUORUM.—Seven members of the joint committee 

shall constitute a quorum for purposes of voting, meeting, 

and holding hearings. 

(D) VOTING.— (i) PROXY VOTING.—No proxy voting shall be allowed 

on behalf of the members of the joint committee. 

(ii) CONGRESSIONAL BUDGET OFFICE ESTIMATES.— The Congressional Budget Office shall provide estimates of the legislation (as described in paragraph 

(3)(B)) in accordance with sections 308(a) and 201(f) of 

the Congressional Budget Act of 1974 (2 U.S.C. 639(a) 

and 601(f))(including estimates of the effect of interest 

payment on the debt). In addition, the Congressional 

Budget Office shall provide information on the budgetary effect of the legislation beyond the year 2021. 

The joint committee may not vote on any version of 

the report, recommendations, or legislative language 

unless such estimates are available for consideration 

by all members of the joint committee at least 48 

hours prior to the vote as certified by the Co-Chairs. 

(E) MEETINGS.— 

(i) INITIAL MEETING.—Not later than 45 calendar 

days after the date of enactment of this Act, the joint 

committee shall hold its first meeting. 

(ii) AGENDA.—The Co-Chairs of the joint committee 

shall provide an agenda to the joint committee members not less than 48 hours in advance of any meeting. 

(F) HEARINGS.— 

(i) IN GENERAL.—The joint committee may, for the 

purpose of carrying out this section, hold such hearings, sit and act at such times and places, require attendance of witnesses and production of books, papers, 

and documents, take such testimony, receive such evidence, and administer such oaths as the joint committee considers advisable. 

(ii) HEARING PROCEDURES AND RESPONSIBILITIES OF

CO-CHAIRS.— (I) ANNOUNCEMENT.—The Co-Chairs of the joint 

committee shall make a public announcement of 

the date, place, time, and subject matter of any 

hearing to be conducted, not less than 7 days in 

advance of such hearing, unless the Co-Chairs deVerDate Mar 15 2010 06:05 Aug 02, 2011 Jkt 099008 PO 00000 Frm 00032 Fmt 6659 Sfmt 6602 E:\HR\OC\HR190.XXX HR190

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termine that there is good cause to begin such 

hearing at an earlier date. 

(II) WRITTEN STATEMENT.—A witness appearing 

before the joint committee shall file a written 

statement of proposed testimony at least 2 calendar days before the appearance of the witness, 

unless the requirement is waived by the CoChairs, following their determination that there is 

good cause for failure to comply with such requirement. 

(G) TECHNICAL ASSISTANCE.—Upon written request of 

the Co-Chairs, a Federal agency shall provide technical assistance to the joint committee in order for the joint committee to carry out its duties. 

(c) STAFF OF JOINT COMMITTEE.— (1) IN GENERAL.—The Co-Chairs of the joint committee may 

jointly appoint and fix the compensation of staff as they deem 

necessary, within the guidelines for employees of the Senate 

and following all applicable rules and employment requirements of the Senate. 

(2) ETHICAL STANDARDS.—Members on the joint committee 

who serve in the House of Representatives shall be governed 

by the ethics rules and requirements of the House. Members 

of the Senate who serve on the joint committee and staff of the 

joint committee shall comply with the ethics rules of the Senate. 

(d) TERMINATION.—The joint committee shall terminate on January 31, 2012. 

SEC. 402. EXPEDITED CONSIDERATION OF JOINT COMMITTEE RECOMMENDATIONS. 

(a) INTRODUCTION.—If approved by the majority required by section 401(b)(3)(B)(ii), the proposed legislative language submitted 

pursuant to section 401(b)(3)(B)(iv) shall be introduced in the Senate (by request) on the next day on which the Senate is in session 

by the majority leader of the Senate or by a Member of the Senate 

designated by the majority leader of the Senate and shall be introduced in the House of Representatives (by request) on the next legislative day by the majority leader of the House or by a Member 

of the House designated by the majority leader of the House. 

(b) CONSIDERATION IN THE HOUSE OF REPRESENTATIVES.— 

(1) REFERRAL AND REPORTING.—Any committee of the House 

of Representatives to which the joint committee bill is referred 

shall report it to the House without amendment not later than 

December 9, 2011. If a committee fails to report the joint committee bill within that period, it shall be in order to move that 

the House discharge the committee from further consideration 

of the bill. Such a motion shall not be in order after the last 

committee authorized to consider the bill reports it to the 

House or after the House has disposed of a motion to discharge 

the bill. The previous question shall be considered as ordered 

on the motion to its adoption without intervening motion except 20 minutes of debate equally divided and controlled by the 

proponent and an opponent. If such a motion is adopted, the 

House shall proceed immediately to consider the joint committee bill in accordance with paragraphs (2) and (3). A motion 


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to reconsider the vote by which the motion is disposed of shall 

not be in order. 

(2) PROCEEDING TO CONSIDERATION.—After the last committee authorized to consider a joint committee bill reports it 

to the House or has been discharged (other than by motion) 

from its consideration, it shall be in order to move to proceed 

to consider the joint committee bill in the House. Such a motion shall not be in order after the House has disposed of a motion to proceed with respect to the joint committee bill. The 

previous question shall be considered as ordered on the motion 

to its adoption without intervening motion. A motion to reconsider the vote by which the motion is disposed of shall not be 

in order. 

(3) CONSIDERATION.—The joint committee bill shall be considered as read. All points of order against the joint committee 

bill and against its consideration are waived. The previous 

question shall be considered as ordered on the joint committee 

bill to its passage without intervening motion except 2 hours 

of debate equally divided and controlled by the proponent and 

an opponent and one motion to limit debate on the joint committee bill. A motion to reconsider the vote on passage of the 

joint committee bill shall not be in order. 

(4) VOTE ON PASSAGE.—The vote on passage of the joint committee bill shall occur not later than December 23, 2011. 

(c) EXPEDITED PROCEDURE IN THE SENATE.— 

(1) COMMITTEE CONSIDERATION.—A joint committee bill introduced in the Senate under subsection (a) shall be jointly referred to the committee or committees of jurisdiction, which 

committees shall report the bill without any revision and with 

a favorable recommendation, an unfavorable recommendation, 

or without recommendation, not later than December 9, 2011. 

If any committee fails to report the bill within that period, that 

committee shall be automatically discharged from consideration of the bill, and the bill shall be placed on the appropriate 

calendar. 

(2) MOTION TO PROCEED.—Notwithstanding Rule XXII of the 

Standing Rules of the Senate, it is in order, not later than 2 

days of session after the date on which a joint committee bill 

is reported or discharged from all committees to which it was 

referred, for the majority leader of the Senate or the majority 

leader’s designee to move to proceed to the consideration of the 

joint committee bill. It shall also be in order for any Member 

of the Senate to move to proceed to the consideration of the 

joint committee bill at any time after the conclusion of such 2- 

day period. A motion to proceed is in order even though a previous motion to the same effect has been disagreed to. All 

points of order against the motion to proceed to the joint committee bill are waived. The motion to proceed is not debatable. 

The motion is not subject to a motion to postpone. A motion 

to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the 

consideration of the joint committee bill is agreed to, the joint 

committee bill shall remain the unfinished business until disposed of. 


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(3) CONSIDERATION.—All points of order against the joint 

committee bill and against consideration of the joint committee 

bill are waived. Consideration of the joint committee bill and 

of all debatable motions and appeals in connection therewith 

shall not exceed a total of 30 hours which shall be divided 

equally between the Majority and Minority Leaders or their 

designees. A motion further to limit debate on the joint committee bill is in order, shall require an affirmative vote of 

three-fifths of the Members duly chosen and sworn, and is not 

debatable. Any debatable motion or appeal is debatable for not 

to exceed 1 hour, to be divided equally between those favoring 

and those opposing the motion or appeal. All time used for consideration of the joint committee bill, including time used for 

quorum calls and voting, shall be counted against the total 30 

hours of consideration. 

(4) NO AMENDMENTS.—An amendment to the joint committee 

bill, or a motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the joint 

committee bill, is not in order. 

(5) VOTE ON PASSAGE.—If the Senate has voted to proceed to 

the joint committee bill, the vote on passage of the joint committee bill shall occur immediately following the conclusion of 

the debate on a joint committee bill, and a single quorum call 

at the conclusion of the debate if requested. The vote on passage of the joint committee bill shall occur not later than December 23, 2011. 

(6) RULINGS OF THE CHAIR ON PROCEDURE.—Appeals from the 

decisions of the Chair relating to the application of the rules 

of the Senate, as the case may be, to the procedure relating to 

a joint committee bill shall be decided without debate. 

(d) AMENDMENT.—The joint committee bill shall not be subject to 

amendment in either the House of Representatives or the Senate. 

(e) CONSIDERATION BY THE OTHER HOUSE.— (1) IN GENERAL.—If, before passing the joint committee bill, 

one House receives from the other a joint committee bill— 

(A) the joint committee bill of the other House shall not 

be referred to a committee; and 

(B) the procedure in the receiving House shall be the 

same as if no joint committee bill had been received from 

the other House until the vote on passage, when the joint 

committee bill received from the other House shall supplant the joint committee bill of the receiving House. 

(2) REVENUE MEASURE.—This subsection shall not apply to 

the House of Representatives if the joint committee bill received from the Senate is a revenue measure. 

(f) RULES TO COORDINATE ACTION WITH OTHER HOUSE.— 

(1) TREATMENT OF JOINT COMMITTEE BILL OF OTHER HOUSE.— 

If the Senate fails to introduce or consider a joint committee 

bill under this section, the joint committee bill of the House 

shall be entitled to expedited floor procedures under this section. 

(2) TREATMENT OF COMPANION MEASURES IN THE SENATE.—If 

following passage of the joint committee bill in the Senate, the 

Senate then receives the joint committee bill from the House 

of Representatives, the House-passed joint committee bill shall 


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not be debatable. The vote on passage of the joint committee 

bill in the Senate shall be considered to be the vote on passage 

of the joint committee bill received from the House of Representatives. 

(3) VETOES.—If the President vetoes the joint committee bill, 

debate on a veto message in the Senate under this section 

shall be 1 hour equally divided between the majority and minority leaders or their designees. 

(g) LOSS OF PRIVILEGE.—The provisions of this section shall cease 

to apply to the joint committee bill if— 

(1) the joint committee fails to vote on the report or proposed 

legislative language required under section 401(b)(3)(B)(i) not 

later than November 23, 2011; or 

(2) the joint committee bill does not pass both Houses not 

later than December 23, 2011. 

SEC. 403. FUNDING. 

Funding for the joint committee shall be derived in equal portions from— 

(1) the applicable accounts of the House of Representatives; 

and 

(2) the contingent fund of the Senate from the appropriations 

account ‘‘Miscellaneous Items’’, subject to the rules and regulations of the Senate. 

SEC. 404. RULEMAKING. 

The provisions of this title are enacted by Congress— 

(1) as an exercise of the rulemaking power of the House of 

Representatives and the Senate, respectively, and as such they 

shall be considered as part of the rules of each House, respectively, or of that House to which they specifically apply, and 

such rules shall supersede other rules only to the extent that 

they are inconsistent therewith; and 

(2) with full recognition of the constitutional right of either 

House to change such rules (so far as relating to such House) 

at any time, in the same manner, and to the same extent as 

in the case of any other rule of such House. 

TITLE V—PELL GRANT AND STUDENT LOAN PROGRAM 

CHANGES 

SEC. 501. FEDERAL PELL GRANTS. 

Section 401(b)(7)(A)(iv) of the Higher Education Act of 1965 (20 

U.S.C. 1070a(b)(7)(A)(iv)) is amended— 

(1) in subclause (II), by striking ‘‘$3,183,000,000’’ and inserting ‘‘$13,183,000,000’’; and 

(2) in subclause (III), by striking ‘‘$0’’ and inserting 

‘‘$7,000,000,000’’. 

SEC. 502. TERMINATION OF AUTHORITY TO MAKE INTEREST SUBSIDIZED LOANS TO GRADUATE AND PROFESSIONAL STUDENTS. 

Section 455(a) of the Higher Education Act of 1965 (20 U.S.C. 

1087e(a)) is amended by adding at the end the following new paragraph: 

‘‘(3) TERMINATION OF AUTHORITY TO MAKE INTEREST SUBSIDIZED LOANS TO GRADUATE AND PROFESSIONAL STUDENTS.— 


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‘‘(A) IN GENERAL.—Subject to subparagraph (B) and notwithstanding any provision of this part or part B, for any 

period of instruction beginning on or after July 1, 2012— 

‘‘(i) a graduate or professional student shall not be 

eligible to receive a Federal Direct Stafford loan under 

this part; and 

‘‘(ii) the maximum annual amount of Federal Direct 

Unsubsidized Stafford loans such a student may borrow in any academic year (as defined in section 

481(a)(2)) or its equivalent shall be the maximum annual amount for such student determined under section 428H, plus an amount equal to the amount of 

Federal Direct Stafford loans the student would have 

received in the absence of this subparagraph. 

‘‘(B) EXCEPTION.—Subparagraph (A) shall not apply to 

an individual enrolled in course work specified in paragraph (3)(B) or (4)(B) of section 484(b).’’. 

SEC. 503. TERMINATION OF DIRECT LOAN REPAYMENT INCENTIVES. 

Section 455(b)(8) of the Higher Education Act of 1965 (20 U.S.C. 

1087e(b)(8)) is amended— 

(1) in subparagraph (A)— 

(A) by amending the header to read as follows: ‘‘(A) INCENTIVES FOR LOANS DISBURSED BEFORE JULY 1, 2012.—’’; 

and 

(B) by inserting ‘‘with respect to loans for which the first 

disbursement of principal is made before July 1, 2012,’’ 

after ‘‘of this part’’; 

(2) in subparagraph (B), by inserting ‘‘with respect to loans 

for which the first disbursement of principal is made before 

July 1, 2012’’ after ‘‘repayment incentives’’; and 

(3) by adding at the end the following new subparagraph: 

‘‘(C) NO REPAYMENT INCENTIVES FOR NEW LOANS DISBURSED ON OR AFTER JULY 1, 2012.—Notwithstanding any 

other provision of this part, the Secretary is prohibited 

from authorizing or providing any repayment incentive not 

otherwise authorized under this part to encourage on-time 

repayment of a loan under this part for which the first disbursement of principal is made on or after July 1, 2012, 

including any reduction in the interest or origination fee 

rate paid by a borrower of such a loan, except that the Secretary may provide for an interest rate reduction for a borrower who agrees to have payments on such a loan automatically electronically debited from a bank account.’’. 

SEC. 504. INAPPLICABILITY OF TITLE IV NEGOTIATED RULEMAKING 

AND MASTER CALENDAR EXCEPTION. 

Sections 482(c) and 492 of the Higher Education Act of 1965 (20 

U.S.C. 1089(c), 1098a) shall not apply to the amendments made by 

this title, or to any regulations promulgated under those amendments. 

Æ 


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