Budget Control Act of 2011

Bill: 112-s-627
Sponsor: Sen. Leahy, Patrick J. [D-VT]
Introduced: 2011-03-17 in the Senate
Policy area: Government Operations and Politics
Subjects: Advisory bodies
Appropriations
Budget deficits and national debt
Budget process
Congressional committees
Congressional operations and organization
Constitution and constitutional amendments
Defense spending
Education programs funding
Freedom of information
Government lending and loan guarantees
Government studies and investigations
Higher education
Legislative rules and procedure
Military operations and strategy
Student aid and college costs

Summary:
action_date: 2011-03-17
text: 
Faster FOIA Act of 2011 - Establishes the Commission on Freedom of Information Act Processing Delays to conduct a study to: (1) identify methods that will help reduce delays in processing Freedom of Information Act (FOIA) requests submitted to federal agencies; (2) ensure the efficient and equitable administration of FOIA throughout the federal government; (3) examine whether the system for charging fees for such requests and granting waivers of such fees needs to be reformed; (4) determine why the government's use of FOIA exemptions increased during FY2009, whether the increase contributed to delays, what efforts were made by federal agencies to comply with President Obama's January 21, 2009 Presidential Memorandum on Freedom of Information Act Requests, and whether those efforts were successful; and (5) make recommendations on how the use of exemptions may be limited. 

action_date: 2011-04-08
text: 
Faster FOIA Act of 2011 - Establishes the Commission on Freedom of Information Act Processing Delays to conduct a study to: (1) identify methods that will help reduce delays in processing Freedom of Information Act (FOIA) requests submitted to federal agencies and ensure the efficient and equitable administration of FOIA throughout the federal government; (2) examine whether the system for charging fees for such requests and granting waivers of such fees needs to be reformed; (3) determine why the government's use of FOIA exemptions increased during FY2009, whether the increase contributed to delays, what efforts were made by federal agencies to comply with President Obama's January 21, 2009, Presidential Memorandum on Freedom of Information Act Requests, whether those efforts were successful, and how the use of exemptions may be limited; and (4) determine whether any disparities in processing, processing times, and completeness of responses to FOIA requestors have occurred based upon political considerations, ideological viewpoints, the identity of the requestors, affiliation with the media, or affiliation with advocacy groups, why such disparities occurred, and the extent to which political appointees have been involved in the FOIA process. 

action_date: 2011-05-26
text: 

(This measure has not been amended since it was reported to the Senate on April 8, 2011. The summary of that version is repeated here.)

 
Faster FOIA Act of 2011 - Establishes the Commission on Freedom of Information Act Processing Delays to conduct a study to: (1) identify methods that will help reduce delays in processing Freedom of Information Act (FOIA) requests submitted to federal agencies; (2) ensure the efficient and equitable administration of FOIA throughout the federal government; (3) examine whether the system for charging fees for such requests and granting waivers of such fees needs to be reformed; (4) determine why the government's use of FOIA exemptions increased during FY2009, whether the increase contributed to delays, what efforts were made by federal agencies to comply with President Obama's January 21, 2009, Presidential Memorandum on Freedom of Information Act Requests, whether those efforts were successful, and how the use of exemptions may be limited; and (5) determine whether any disparities in processing, processing times, and completeness of responses to FOIA requestors have occurred based upon political considerations, ideological viewpoints, the identity of the requestors, affiliation with the media, or affiliation with advocacy groups, why such disparities occurred, and the extent to which political appointees have been involved in the FOIA process. 

action_date: 2011-07-29
text: 
Budget Control Act of 2011 - 
Title I: Ten-Year Discretionary Caps with Sequester
 - (Sec. 101) Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to revise sequestration requirements for enforcement of discretionary spending limits (spending caps).
 
Requires the Office of Management and Budget (OMB) to conduct such a sequestration to eliminate a budget year breach, if any.
 
Eliminates specific formula requirements for adjustments to discretionary spending limits for: (1) highways, (2) allowances for the International Monetary Fund (IMF), (3) specified allowances for international arrearages, (4) the earned income tax credit (EITC) compliance initiative, (5) Department of Health and Human Services (HHS) adoption incentive payments, and (6) conservation.
 
Requires the OMB sequestration report and the President's budget to include adjustments to discretionary spending limits for the fiscal year and each succeeding year for: (1) emergency appropriations or Overseas Contingency Operations/Global War on Terrorism, and (2) health care fraud and abuse control.
 
Establishes discretionary spending limits for FY2012-FY2021.
 
(Sec. 103) Requires discretionary preview and final sequestration reports to specify estimates for the current year and each subsequent year through 2021 of the applicable discretionary spending limits for each category and an explanation of any adjustments in such limits.
 
(Sec. 104) Repeals the expiration of (thus making permanent) the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act). 
 
(Sec. 105) Amends the Congressional Budget and Impoundment Control Act of 1974 to allow the chairman of the Budget Committee of the House of Representatives or of the Senate to make appropriate budgetary adjustments of new budget authority and outlays in the same amount required by the Gramm-Rudman-Hollings Act.
 
Prohibits the chair of the Committee on the Budget from counting the budgetary effects of a reported bill or joint resolution, amendment, or conference report that contains a provision (designated as an emergency requirement) providing new budget authority and outlays or reducing revenue, for purposes of the CBA and the Rules of the House of Representatives.
 
Makes it out of order in both chambers to consider any legislation or motion that would cause the discretionary spending limits to be exceeded.
 

Title II: Vote on the Balanced Budget Amendment
 - (Sec. 201) Requires the House and the Senate, respectively, after September 30, 2011, and by December 31, 2011, to vote on passage of a joint resolution proposing a balanced budget amendment to the Constitution.
 
(Sec. 202) Prescribes legislative procedures for consideration of such a joint resolution in both chambers.
 

Title III: Debt Ceiling Disapproval Process
 - (Sec. 301) Authorizes the President, by December 31, 2011, to certify to Congress that the public debt is within $100 billion of the $14.294 trillion public debt limit and that further borrowing is required to meet existing commitments. Authorizes the Secretary of the Treasury to borrow an additional $900 billion, subject to the enactment of a joint resolution of disapproval.
 
Increases the public debt limit by $400 billion after such certification.
 
Increases the debt limit by an additional $500 billion if the time for disapproval has lapsed without enactment by Congress of such a joint resolution.
 
Prescribes similar procedures for the Secretary to borrow an additional $1.6 trillion if the amount of deficit reduction achieved pursuant to the enactment of the balance budget amendment resolution is greater than $1.6 trillion and the Archivist of the United States has submitted such resolution to the states for their ratification.
 
Increases the debt limit by such additional amount if the time for disapproval has lapsed without Congress enacting the joint resolution.
 
Prohibits the debt limit from being raised (except for the $400 billion increase) if, within 60 calendar days after Congress receives a presidential certification or within 15 calendar days after Congress receives such additional certification (regardless of whether Congress is in session), there is enacted into law a joint resolution disapproving the President's exercise of authority with respect to such additional amount.
 
Prescribes legislative procedures for expedited consideration of the joint resolution in both chambers.
 
Requires OMB, if Congress overrides a veto of the joint resolution, to immediately sequester pro rata amounts from all discretionary and direct spending accounts (as in effect September 30, 2006) equal to $400 billion.
 
Exempts from a sequestration reduction order: (1) payments for military personnel accounts (within subfunctional category 051), (2) TRICARE for Life, (3) Medicare (functional category 570), (4) military retirement, (5) Social Security (functional category 650), (6) veterans (functional category 700), and (7) net interest (functional category 900).
 

Title IV: Joint Select Committee on Deficit Reduction
 - (Sec. 401) Establishes the Joint Select Committee on Deficit Reduction whose goal shall be to reduce the deficit by $1.8 trillion or more over FY2012-FY2021.
 
Requires the joint committee to provide recommendations and legislative language that will significantly improve the short-term and long-term fiscal imbalance of the federal government.
 
(Sec. 402) Prescribes legislative procedures for consideration in both chambers of the Joint Committee's recommendations.
 
Makes such legislative procedures inapplicable to the Joint Committee's bill if: (1) the Committee fails to vote on the report or proposed legislative language by November 23, 2011; or (2) the bill does not pass both chambers by December 23, 2011.
 
 
(Sec. 403) Derives funding for the Joint Committee in equal portions from: (1) the applicable accounts of the House, and (2) the contingent fund of the Senate.
 

Title V: Pell Grant and Student Loan Program Changes
 - (Sec. 501) Amends the Higher Education Act of 1965 to increase appropriations for federal Pell Grants for FY2012-FY2013.
 
(Sec. 502) Makes certain graduate or professional students ineligible to receive a Federal Direct Stafford loan after July 1, 2012.
 
 Limits the maximum annual amount of Federal Direct Unsubsidized Stafford loans such a student may borrow in any academic year or its equivalent.
 
(Sec. 503) Prohibits the Secretary of Education from authorizing or providing any repayment incentive not otherwise authorized to encourage on-time repayment of a loan 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 the borrower. Authorizes the Secretary to 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) Makes inapplicable to these amendments certain requirements for delay in specified circumstances of the effective date of regulatory changes, as well as for regional meetings and negotiated rulemaking with regard to such changes.


Legislative actions:
action_date: 2011-08-01
text: Considered by Senate. (consideration: CR S5156-5158, S5158-5162, S5164-5170, S5171-5178, S5183-5184)
action_date: 2011-07-31
text: Motion by Senator Reid to reconsider the vote by which cloture was not invoked on the motion to concur in the House amendment to the bill (S. 627) with an amendment (SA 589) entered in Senate.
action_date: 2011-07-31
text: Cloture on the motion to concur in the House amendment to the bill (S. 627) with an amendment (SA 589) not invoked in Senate by Yea-Nay Vote. 50 - 49. Record Vote Number: 122. (consideration: CR S5153; text: CR S5153)
action_date: 2011-07-31
text: Considered by Senate. (consideration: CR S5148-5154)
action_date: 2011-07-30
text: Considered by Senate. (consideration: CR S5092-5132, S5133-5144)
action_date: 2011-07-29
text: Motion by Senator Reid to refer to Senate Committee on the Budget the House message to accompany the bill (S. 627) to report back forthwith with amendment SA 591 made in Senate.
action_date: 2011-07-29
text: Cloture motion on the motion to concur in the House amendment to the bill (S. 627) with an amendment (SA 589) presented in Senate. (consideration: CR S5062-5063; text: CR S5062-5063)
action_date: 2011-07-29
text: Motion by Senator Reid to concur in the House amendment to the bill (S. 627) with an amendment (SA 589) made in Senate.
action_date: 2011-07-29
text: Motion to table the Reid motion to agree to the House amendment to the bill (S. 627) agreed to in Senate by Yea-Nay Vote. 59 - 41. Record Vote Number: 120.
action_date: 2011-07-29
text: Motion by Senator Reid to agree to the House amendment to the bill (S. 627) made in Senate. (consideration: CR S5062)
action_date: 2011-07-29
text: Measure laid before Senate by unanimous consent. (consideration: CR S5062-5065)
action_date: 2011-07-29
text: Message on House action received in Senate and at desk: House amendment to Senate bill.
action_date: 2011-07-29
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2011-07-29
text: On passage Passed by recorded vote: 218 - 210 (Roll no. 677).
action_date: 2011-07-29
text: Passed/agreed to in House: On passage Passed by recorded vote: 218 - 210 (Roll no. 677).
action_date: 2011-07-29
text: On motion to recommit with instructions Failed by recorded vote: 183 - 244 (Roll no. 676). (consideration: CR H5764-5765)
action_date: 2011-07-29
text: The previous question on the motion to recommit with instructions was ordered without objection. (consideration: CR H5765)
action_date: 2011-07-29
text: DEBATE - The House proceeded with 10 minutes of debate on the Hochul motion to recommit with instructions, pending reservation of a point of order. The instructions contained in the motion seek to require the bill to be reported back to the House with an amendment to require the joint committee on deficit reduction to consider the elimination of oil and gas subsidies for the major integrated oil companies and the elimination of subsidies for corporate jets before cutting essential education programs. Subsequently, the point of order was withdrawn.
action_date: 2011-07-29
text: Ms. Hochul moved to recommit with instructions to Rules. (consideration: CR H5764-5765; text: CR H5764)
action_date: 2011-07-29
text: The previous question was ordered pursuant to the rule. (consideration: CR H5764)
action_date: 2011-07-29
text: DEBATE - Pursuant to clause 1(c) of rule 19, further proceedings resumed on S. 627.
action_date: 2011-07-29
text: Considered as unfinished business. (consideration: CR H5761-5766)
action_date: 2011-07-29
text: Rule H. Res. 383 passed House.
action_date: 2011-07-29
text: Rules Committee Resolution H. Res. 383 Reported to House. Rule provides for consideration of S. 627. The resolution provides that upon adoption of the resolution the amendment printed in the report from the Committee on Rules shall be considered as adopted.
action_date: 2011-07-28
text: DEBATE - The House proceeded with two hours of debate on S. 627.
action_date: 2011-07-28
text: Rule provides for consideration of S. 627 with 2 hours of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Bill is closed to amendments. The amendment in the nature of a substitute printed in part A of the report of the of the Committee on Rules accompanying this resolution, modified by the amendments printed in part B of that report shall be considered as adopted.
action_date: 2011-07-28
text: Considered under the provisions of rule H. Res. 375. (consideration: CR H5693-5721; text of amendment in the nature of a substitute: CR H5693-5698)
action_date: 2011-07-28
text: Rule H. Res. 375 passed House.
action_date: 2011-07-27
text: Rules Committee Resolution H. Res. 375 Reported to House. Rule provides for consideration of S. 627 with 2 hours of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Bill is closed to amendments. The amendment in the nature of a substitute printed in part A of the report of the of the Committee on Rules accompanying this resolution, modified by the amendments printed in part B of that report shall be considered as adopted.
action_date: 2011-06-20
text: Referred to the Subcommittee on Technology, Information Policy, Intergovernmental Relations and Procurement Reform .
action_date: 2011-05-27
text: Referred to the House Committee on Oversight and Government Reform.
action_date: 2011-05-27
text: Received in the House.
action_date: 2011-05-27
text: Message on Senate action sent to the House.
action_date: 2011-05-26
text: Passed Senate with amendments by Unanimous Consent. (consideration: CR S3458-3460; text of measure as reported in Senate: CR S3458-3459; text as passed Senate: CR S3459-3460)
action_date: 2011-05-26
text: Passed/agreed to in Senate: Passed Senate with amendments by Unanimous Consent.(consideration: CR S3458-3460; text of measure as reported in Senate: CR S3458-3459; text as passed Senate: CR S3459-3460)
action_date: 2011-04-08
text: Placed on Senate Legislative Calendar under General Orders. Calendar No. 31.
action_date: 2011-04-08
text: Committee on the Judiciary. Reported by Senator Leahy with amendments. Without written report.
action_date: 2011-04-08
text: Committee on the Judiciary. Reported by Senator Leahy with amendments. Without written report.
action_date: 2011-04-07
text: Committee on the Judiciary. Ordered to be reported with an amendment favorably.
action_date: 2011-03-17
text: Read twice and referred to the Committee on the Judiciary.
action_date: 2011-03-17
text: Sponsor introductory remarks on measure. (CR S1840)
action_date: 2011-03-17
text: Introduced in Senate