|
TheWeekInCongress.com
(TM)
Week Ending July 29, 2011
H.R.2693
Budget Control Act of 2011
Within the format of what such bills propose, the
bill sets spending caps for all discretionary spending through 2021. The
bill allows for adjustments to the caps but largely requiring consultation
between the congressional budget committees and the White House's Office
of Management and Budget.
A
significant part of the bill aims to auction off segments of the public
airwaves in the 700 Mhz or safety categories with the result that any
government agencies operating safety broadcasting in those ranges would
share the spectrum with private sector investors or give up the spectrum
to the private bidder. The bill would provide funds for relocating or
shutting down a safety spectrum and the expenses involved in the project.
The auction proposed would include authority to seek competitive bids for
licensing of private satellite companies.
The bill
seeks revenues from unpaid taxes and proposes additional funds for the IRS
to accomplish the goal. In addition to IRS spending caps the bill allows
additional amounts ranging from $715 million in 2012 to $2.3 billion in
2021. The bill also would spend millions to correct unemployment insurance
overpayments.
The bill
increases Pell grant funding in some cases but, like Boehner's bill
prohibits interest subsidized loans to graduate students.
Those farms
currently receiving direct payments, a program that pays funds directly to
farmers based on a baseline acreage around 95% of the total acreage. The
bill would reduce the payments by reducing the number of baseline acres to
59%.
A select
committee would be established to parse future cuts and the bill sets the
debt limit at $16.9 trillion.
Sponsor:
Rep. David Dreier (R-CA-26th)
Vote:
On motion to suspend the rules and pass the bill, as amended Failed by
recorded vote (2/3 required): 173 - 246 (Roll
no. 682).
Cost to
the taxpayers:
Pay-as-you-go requirements:
Cut-as-you-go requirements:
Regulatory
impact:
Earmark
Certification:
Constitutional Authority: By Mr. DREIER:
H.R. 2693.
Congress has the power to enact this legislation pursuant to the
following:
Clause 2 of section 8 of article I.
## All
Rights Reserved. © 2011 TheWeekInCongress.com(TM)
No
reproduction, language translation or distribution without written
permission from TheWeekInCongress.com.(TM)
MORE INFORMATION
TITLE I--DISCRETIONARY SPENDING CAPS AND
ENFORCEMENT
Sec. 101. Discretionary spending limits.
Sec. 102. Senate budget enforcement.
TITLE II--OTHER SPENDING CUTS
Subtitle
A--Spectrum Auction Proposals and Public Safety Broadband Network
Sec. 211. Definitions.
PART I--Auctions of Spectrum and Spectrum Management
Sec. 221. Clarification of authorities to
repurpose Federal spectrum for commercial purposes.
Sec. 222. Incentive auction authority.
Sec. 223. Incentive auctions to repurpose certain
mobile satellite services spectrum for terrestrial broadband use.
Sec. 224. Permanent extension of auction
authority.
Sec. 225. Authority to auction licenses for
domestic satellite services.
Sec. 226. Auction of spectrum.
Sec. 227. Report to Congress on improving spectrum
management.
PART II--Public Safety Broadband Network
Sec. 241. Reallocation of D Block for public
safety.
Sec. 242. Flexible use of narrowband spectrum.
Sec. 243. Public Safety Trust Fund.
Sec. 244. Public safety research and development.
Sec. 245. Incentive auction relocation fund.
Sec. 246. Federal infrastructure sharing.
Sec. 247. FCC report on efficient use of public
safety spectrum.
Subtitle
B--Federal Pell Grant and Student Loan Program Changes
Sec. 251. Federal Pell Grant and student loan
program changes.
Subtitle
C--Farm Programs
Sec. 261. Definition of payment acres.
TITLE III--JOINT SELECT COMMITTEE ON DEFICIT
REDUCTION
Sec. 301. Establishment of Joint Select Committee.
Sec. 302. Expedited consideration of joint
committee recommendations.
Sec. 303. Funding.
Sec. 304. Rulemaking.
Sec. 401. Public debt.
To Top
TITLE I--DISCRETIONARY SPENDING CAPS AND ENFORCEMENT
Sec. 101. Discretionary spending limits.
(1) IN GENERAL- In this section, the term `discretionary spending limits'
has the following meaning subject to adjustments in paragraph (2) and
subsection (c):
(A) For fiscal year 2012--
(i) for the security category $606,000,000,000 in budget authority; and
(ii) for the nonsecurity category $439,000,000,000 in budget authority.
(B) For fiscal year 2013--
(i) for the security category $607,000,000,000 in budget authority; and
(ii) for the nonsecurity category $440,000,000,000 in budget authority.
(C) For fiscal year 2014, $1,068,000,000,000 in budget authority.
(D) For fiscal year 2015, $1,089,000,000,000 in budget authority.
(E) For fiscal year 2016, $1,111,000,000,000 in budget authority.
(F) For fiscal year 2017, $1,134,000,000,000 in budget authority.
(G) For fiscal year 2018, $1,156,000,000,000 in budget authority.
(H) For fiscal year 2019, $1,180,000,000,000 in budget authority.
(I) For fiscal year 2020, $1,204,000,000,000 in budget authority.
(J) For fiscal year 2021, $1,228,000,000,000 in budget authority.
(2) AUTHORIZED ADJUSTMENT TO LIMITS-
(A) ADJUSTMENTS FOR BUDGET SUBMISSION- When the President submits a 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
out year equal to the baseline levels of new budget authority 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.
(B) ADJUSTMENTS FOR CONGRESSIONAL ENFORCEMENT- For the purposes of
Congressional enforcement of the limits in this section, the Chairmen of
the Committees on the Budget of the Senate and House may adjust the
discretionary spending limits in amounts equal to the adjustments made
pursuant to subparagraph (A) as contained in the President's budget. Any
adjustment made pursuant to this subparagraph shall not constitute a
repeal or change to the limits contained in this section.
(ii) OMB ESTIMATES AND EXPLANATION OF DIFFERENCES-
(I) IN GENERAL- Not later than 7 calendar days (excluding Saturdays,
Sundays, and legal holidays) after the date of enactment of any
discretionary appropriation, OMB shall make publicly available on the day
it is issued and, on the following day, shall be printed in the Federal
Register a report containing the CBO estimate of that legislation, an OMB
estimate of the amount of discretionary new budget authority for the
current year (if any) and the budget year provided by that legislation,
and an explanation of any difference between the 2 estimates.
(II) DIFFERENCES- 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.
(D) ASSUMPTIONS AND GUIDELINES- OMB estimates under subparagraph (C) shall
be made using current economic and technical assumptions. In its final
sequestration report, 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 House and Senate Committees on the Budget,
CBO, and OMB.
(E) ANNUAL APPROPRIATIONS- For purposes of this paragraph, amounts
provided by annual appropriations shall include any new budget authority
for the current year (if any) and the advance appropriations that become
available in the budget year from previously enacted legislation.
(2) OTHER ADJUSTMENTS- Other adjustments referred to in paragraph (1)(B)
are as follows:
(A) CONTINUING DISABILITY REVIEWS AND SSI REDETERMINATIONS-
(i) IN GENERAL- If a bill or joint resolution is reported making
appropriations in a fiscal year of the amount specified in clause (ii) for
continuing disability reviews and Supplemental Security Income
redeterminations under the heading `Limitation on Administrative Expenses'
for the Social Security Administration, and provides an additional
appropriation for continuing disability reviews and Supplemental Security
Income redeterminations for the Social Security Administration, or one or
more initiatives that the Office of the Chief Actuary determines would be
at least as cost effective as a redetermination of eligibility under the
heading `Limitation on Administrative Expenses' for the Social Security
Administration of an amount further specified in clause (ii), then the
discretionary spending limits, allocation to the Committees on
Appropriations of each House, and aggregates for that year may be adjusted
by the amount in budget authority not to exceed the additional
appropriation provided in such legislation for that purpose for that
fiscal year.
To Top
(ii) AMOUNTS SPECIFIED- The amounts specified are--
(I) for fiscal year 2012, an appropriation of $758,000,000, and an
additional appropriation of $237,000,000;
(II) for fiscal year 2013, an appropriation of $758,000,000, and an
additional appropriation of $390,000,000;
(III) for fiscal year 2014, an appropriation of $778,000,000, and an
additional appropriation of $559,000,000;
(IV) or fiscal year 2015, an appropriation of $799,000,000, and an
additional appropriation of $774,000,000;
(V) for fiscal year 2016, an appropriation of $822,000,000, and an
additional appropriation of $778,000,000;
(VI) for fiscal year 2017, an appropriation of $849,000,000, and an
additional appropriation of $804,000,000;
(VII) for fiscal year 2018, an appropriation of $877,000,000, and an
additional appropriation of $831,000,000;
(VIII) for fiscal year 2019, an appropriation of $906,000,000, and an
additional appropriation of $860,000,000;
(IX) for fiscal year 2020, an appropriation of $935,000,000, and an
additional appropriation of $890,000,000; and
(X) for fiscal year 2021, an appropriation of $963,000,000, and an
additional appropriation of $924,000,000.
(iii) DEFINITIONS- As used in this subparagraph, the terms `continuing
disability reviews' and `Supplemental Security Income redeterminations'
mean continuing disability reviews under titles II and XVI of the Social
Security Act and redeterminations of eligibility under title XVI of the
Social Security Act.
(iv) REPORT- The Commissioner of Social Security shall provide annually to
the Congress a report on continuing disability reviews and Supplemental
Security Income redeterminations which includes--
(I) the amount spent on continuing disability reviews and Supplemental
Security Income redeterminations in the fiscal year covered by the report,
and the number of reviews and redeterminations conducted, by category of
review or redetermination;
(II) the results of the continuing disability reviews and Supplemental
Security Income redeterminations in terms of cessations of benefits or
determinations of continuing eligibility, by program; and
(III) the estimated savings over the short-, medium-, and long-term to the
old-age, survivors, and disability insurance, supplemental security
income, Medicare, and medicaid programs from continuing disability reviews
and Supplemental Security Income redeterminations which result in
cessations of benefits and the estimated present value of such savings.
To Top
(B) INTERNAL REVENUE SERVICE TAX ENFORCEMENT-
(i) IN GENERAL- If a bill or joint resolution is reported making
appropriations in a fiscal year to the Internal Revenue Service of not
less than the first amount specified in clause (ii) for tax compliance
activities to address the Federal tax gap (taxes owed but not paid), and
provides an additional appropriation for tax compliance activities to
address the Federal tax gap of an amount further specified in clause (ii),
then the discretionary spending limits, allocation to the Committees on
Appropriations of each House, and aggregates for that year may be adjusted
by the amount in budget authority not to exceed the amount of additional
or enhanced tax enforcement provided in such legislation for that fiscal
year.
(ii) AMOUNTS SPECIFIED- The amounts specified are--
(I) for fiscal year 2012, an appropriation of $5,186,000,000, and an
additional $715,000,000 for additional or enhanced tax enforcement;
(II) for fiscal year 2013, an appropriation of $5,186,000,000, and an
additional $1,281,000,000 for additional or enhanced tax enforcement;
(III) for fiscal year 2014, an appropriation of $5,333,000,000, and an
additional $1,639,000,000 for additional or enhanced tax enforcement;
(IV) for fiscal year 2015, an appropriation of $5,489,000,000, and an
additional $2,016,000,000 for additional or enhanced tax enforcement;
(V) for fiscal year 2016, an appropriation of $5,662,000,000, and an
additional$2,465,000,000 for additional or enhanced tax enforcement;
(VI) for fiscal year 2017, an appropriation of $5,858,000,000, and an
additional $2,447,000,000 for additional or enhanced tax enforcement;
(VII) for fiscal year 2018, an appropriation of $6,065,000,000, and an
additional $2,421,000,000 for additional or enhanced tax enforcement;
(VIII) for fiscal year 2019, an appropriation of $6,284,000,000, and an
additional $2,383,000,000 for additional or enhanced tax enforcement;
(IX) for fiscal year 2020, an appropriation of $6,493,000,000, and an
additional $2,371,000,000 for additional or enhanced tax enforcement; and
(X) for fiscal year 2021, an appropriation of $6,705,000,000, and an
additional $2,361,000,000 for additional or enhanced tax enforcement.
(iii) DEFINITION- In this subparagraph, the term `additional appropriation
for tax compliance activities' means new and continuing investments in
expanding and improving the effectiveness and efficiency of the overall
tax enforcement and compliance program of the Internal Revenue Service.
Such new and continuing investments include, but are not limited to,
additional resources for implementing new authorities and for conducting
additional examinations, audits, and enhanced third party data matching.
(iv) FIRST AMOUNT- The first amount specified in clause (ii) is the amount
provided for a fiscal year under the heading `Enforcement' for the
Internal Revenue Service.
(v) AMOUNT FURTHER SPECIFIED- The amount further specified in clause (ii)
is the amount under one or more headings in an appropriations act for the
Internal Revenue Service that is specified to pay for the costs of the
additional appropriation tax compliance activities, but such amount shall
be `0' (zero) unless the appropriations act under the heading `Operations
Support' for the Internal Revenue Service provides that such sums as are
necessary shall be available, under the `Operations Support' heading, to
fully support tax enforcement and compliance activities.
(C) HEALTH CARE FRAUD AND ABUSE CONTROL-
(i) IN GENERAL- If a bill or joint resolution is reported making
appropriations in a fiscal year for program integrity or fraud and abuse
activities under the heading `Health Care Fraud and Abuse Control Account'
program for the Department of Health and Human Services of up to the
amount specified in clause (ii), then the discretionary spending limits,
allocation to the Committees on Appropriations of each House, and
aggregates for that year may be adjusted in an amount not to exceed the
amount in budget authority provided for that program for that fiscal year.
To Top
(ii) AMOUNTS SPECIFIED- The amounts specified are--
(I) for fiscal year 2012, an appropriation of $581,000,000;
(II) for fiscal year 2013, an appropriation of $610,000,000;
(III) for fiscal year 2014, an appropriation of $640,000,000;
(IV) for fiscal year 2015, an appropriation of $672,000,000;
(V) for fiscal year 2016, an appropriation of $706,000,000;
(VI) for fiscal year 2017, an appropriation of $725,000,000;
(VII) for fiscal year 2018, an appropriation of $745,000,000;
(VIII) for fiscal year 2019, an appropriation of $765,000,000;
(IX) for fiscal year 2020, an appropriation of $786,000,000; and
(X) for fiscal year 2021, an appropriation of $807,000,000.
(iii) DEFINITION- As used in this subparagraph the term `program integrity
or fraud and abuse activities' means--
(I) those activities authorized by section 1817(k)(3) of the Social
Security Act; and
(II) those activities, including administrative costs, in the Medicare
Advantage and the Medicare Prescription Drug Program authorized in title
XVIII of the Social Security Act, in section 1893 of the Social Security
Act, in Medicaid authorized in title XIX of the Social Security Act, and
in the Children's Health Insurance Program (`CHIP') authorized in title
XXI of the Social Security Act.
(iv) REPORT- The report required by section 1817(k)(5) of the Social
Security Act for each fiscal year shall include measures of the
operational efficiency and impact on fraud, waste, and abuse in the
Medicare, Medicaid, and CHIP programs for the funds provided by this
adjustment.
To Top
(D) UNEMPLOYMENT INSURANCE IMPROPER PAYMENT REVIEWS-
(i) IN GENERAL- If a bill or joint resolution is reported making
appropriations in a fiscal year of the amount specified in clause (ii) for
in-person reemployment and eligibility assessments and unemployment
insurance improper payment reviews under the heading `State Unemployment
Insurance and Employment Service Operations' for the Department of Labor,
and provides an additional appropriation for in-person reemployment and
eligibility assessments and unemployment insurance improper payment
reviews under the heading `State Unemployment Insurance and Employment
Service Operations' for the Department of Labor of up to an amount further
specified in clause (ii), then the discretionary spending limits,
allocation to the Committees on Appropriations of each House, and
aggregates for that year may be adjusted by an amount in budget authority
not to exceed the additional appropriation provided in such legislation
for that purpose for that fiscal year.
(ii) AMOUNTS SPECIFIED- The amounts specified are--
(I) for fiscal year 2012, an appropriation of $60,000,000, and an
additional appropriation of $10,000,000;
(II) for fiscal year 2013, an appropriation of $60,000,000, and an
additional appropriation of $15,000,000;
(III) for fiscal year 2014, an appropriation of $61,000,000, and an
additional appropriation of $19,000,000;
(IV) for fiscal year 2015, an appropriation of $61,000,000, and an
additional appropriation of $24,000,000;
(V) for fiscal year 2016, an appropriation of $62,000,000, and an
additional appropriation of $28,000,000;
(VI) for fiscal year 2017, an appropriation of $63,000,000, and an
additional appropriation of $28,000,000;
(VII) for fiscal year 2018, an appropriation of $64,000,000, and an
additional appropriation of $29,000,000;
(VIII) for fiscal year 2019, an appropriation of $64,000,000, and an
additional appropriation of $30,000,000;
(IX) for fiscal year 2020, an appropriation of $65,000,000, and an
additional appropriation of $31,000,000; and
(X) for fiscal year 2021, an appropriation of $66,000,000, and an
additional appropriation of $31,000,000.
(iii) DEFINITIONS- As used in this subparagraph, the terms `in-person
reemployment and eligibility assessments' and `unemployment improper
payment reviews' mean reviews or assessments conducted in local workforce
offices to determine the continued eligibility of an unemployment
insurance claimant under the Federal Unemployment Tax Act, Title III of
the Social Security Act, and applicable State laws, to ensure they are
meeting their obligation to search for work as a condition of eligibility,
and to speed their return to work.
(3) OVERSEAS DEPLOYMENTS AND RELATED ACTIVITIES-
(A) CAP ADJUSTMENT- The discretionary spending limits, allocation to the
Committees on Appropriations of each House, and aggregates for that year
may be adjusted by an amount in budget authority not to exceed the amount
provided in such legislation for that purpose for that fiscal year, but
not to exceed in aggregate the amounts specified in subparagraph (B) for
any--
(i) bills reported by the Committees on Appropriations of either House or
in the Senate, passed by the House of Representatives;
(ii) joint resolutions or amendments reported by the Committees on
Appropriations of either House;
(iii) amendments between the Houses, Senate amendments to such amendments
offered by the authority of the Committee on Appropriations of the Senate,
or House amendments to such amendments offered by the authority of the
Committee on Appropriations in the House of Representatives; or
(iv) conference reports; making appropriations for overseas deployments
and related activities.
(B) LEVELS-
(i) LEVELS- The initial levels for overseas deployments and related
activities specified in this subparagraph are as follows:
(I) For fiscal year 2012, $126,544,000,000 in budget authority.
(II) For the total of fiscal years 2013-2021, $450,000,000,000 in budget
authority.
(ii) LEVELS FOR CONGRESSIONAL ENFORCEMENT- For each fiscal year after
fiscal year 2012, Congress shall adopt in the concurrent resolution on the
budget for that fiscal year an adjustment for overseas deployments and
related activities, provided that Congress may not adopt an adjustment for
any fiscal year that would cause the total adjustments for fiscal years
2013-2021 to exceed the amount authorized in subclause (II).
(iii) ACCOUNTING FOR OVERSEAS DEPLOYMENT AND RELATED ACTIVITIES- In any
report issued under section 7(f), the Office of Management and Budget
shall state the total amount of spending on overseas deployments and
related activities for fiscal years 2013-2021 and the estimated amount of
budget authority adjustment remaining for that period.
(C) ADJUSTMENT FOR OFFSET OVERSEAS DEPLOYMENT COSTS- The levels set in
subparagraph (B) may be further adjusted by the amount of budget authority
provided in legislation for additional costs associated with overseas
deployments and related activities if the amount of budget authority above
those levels is offset.
(4) ADJUSTMENTS FOR DISASTER FUNDING-
(A) IN GENERAL- If, for fiscal years 2011 through 2021, appropriations for
discretionary accounts are enacted that Congress designates as being for
disaster relief in statute, the adjustment shall be the total of such
appropriations in discretionary accounts designated as being for disaster
relief, but not to exceed the total of--
(i) the average funding provided for disasters over the previous ten
years, excluding the highest and lowest years; and
(ii) 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 (A) for that year, the difference
between the enacted amount and the allowable adjustment as calculated in
(A) for that year.
(B) OMB REPORT- The Office of Management and Budget shall report to the
Committees on Appropriations in each House the adjustment for disaster
funding for fiscal year 2011, and a preview report of the estimated level
for fiscal year 2012, not later than 30 days after enactment of this
section.
(d) Limitations on Changes to This Section- Unless otherwise specifically
provided in this section, it shall not be in order in the Senate or the
House of Representatives to consider any bill, resolution (including a
concurrent resolution on the budget), amendment, motion, or conference
report that would repeal or otherwise change this section.
(e) Waiver and Appeal-
(1) WAIVER- In the Senate, subsections (a) through (d) shall be waived or
suspended only--
(A) by the affirmative vote of three-fifths of the Members, duly chosen
and sworn; or
(B) if the provisions of section (f)(8) are in effect.
(2) APPEAL- Appeals in the Senate from the decisions of the Chair relating
to any provision of this section shall be limited to 1 hour, to be equally
divided between, and controlled by, the appellant and the manager of the
measure. An affirmative vote of three-fifths of the Members of the Senate,
duly chosen and sworn, shall be required to sustain an appeal of the
ruling of the Chair on a point of order raised under this section.
(f) End-of-Year Sequester for Exceeding Discretionary Caps-
(1) SEQUESTRATION-
(A) IN GENERAL- Not later than 15 calendar days after Congress adjourns to
end a session, there shall be a sequestration to eliminate a budget-year
breach, if any, within the discretionary categories as set by subsection
(b).
(B) OVERSEAS DEPLOYMENTS- Any amount of budget authority for overseas
deployments and related activities for fiscal year 2012 in excess of the
levels set in subsection (c)(3)(B)(i), or for fiscal years 2013-2021 that
would cause the total adjustment for fiscal years 2013-2021 to exceed the
amount authorized in section (c)(3)(B)(II), that is not otherwise offset
pursuant subsection (c)(3)(C)(i) shall be counted in determining whether a
breach has occurred in the security category (for fiscal years 2012 and
2013) or the discretionary category (thereafter).
(C) EMERGENCY SPENDING-
(i) EFFECT OF DESIGNATION IN STATUTE- If, for any fiscal year,
appropriations for discretionary accounts are enacted that Congress
designates as emergency requirements in statute pursuant to this
subsection, the total of such budget authority in discretionary accounts
designated as emergency requirements in all fiscal years from such
appropriations shall not be counted in determining whether a breach has
occurred, and shall not count for the purposes of Congressional
enforcement.
(ii) DESIGNATION IN THE HOUSE OF REPRESENTATIVES- If an appropriations act
includes a provision expressly designated as an emergency for the purposes
of this section, the Chair shall put the question of consideration with
respect thereto.
(iii) POINT OF ORDER IN THE SENATE-
(I) IN GENERAL- When the Senate is considering an appropriations act, if a
point of order is made by a Senator against an emergency designation in
that measure, that provision making such a designation shall be stricken
from the measure and may not be offered as an amendment from the floor.
(II) SUPERMAJORITY WAIVER AND APPEALS-
(aa) WAIVER- Subclause (I) may be waived or suspended in the Senate only
by an affirmative vote of three-fifths of the Members, duly chosen and
sworn.
(bb) APPEALS- Appeals in the Senate from the decisions of the Chair
relating to any provision of this subsection shall be limited to 1 hour,
to be equally divided between, and controlled by, the appellant and the
manager of the bill or joint resolution, as the case may be. An
affirmative vote of three-fifths of the Members of the Senate, duly chosen
and sworn, shall be required to sustain an appeal of the ruling of the
Chair on a point of order raised under this subsection.
(III) DEFINITION OF AN EMERGENCY DESIGNATION- For purposes of subclause
(I), a provision shall be considered an emergency designation if it
designates any item as an emergency requirement pursuant to this
subsection.
(IV) FORM OF THE POINT OF ORDER- A point of order under subclause (I) may
be raised by a Senator as provided in section 313(e) of the Congressional
Budget Act of 1974.
(V) CONFERENCE REPORTS- When the Senate is considering a conference report
on, or an amendment between the Houses in relation to, an appropriations
act, upon a point of order being made by any Senator pursuant to this
section, and such point of order being sustained, such material contained
in such conference report shall be deemed stricken, and the Senate shall
proceed to consider the question of whether the Senate shall recede from
its amendment and concur with a further amendment, or concur in the House
amendment with a further amendment, as the case may be, which further
amendment shall consist of only that portion of the conference report or
House amendment, as the case may be, not so stricken. Any such motion in
the Senate shall be debatable under the same conditions as was the
conference report. In any case in which such point of order is sustained
against a conference report (or Senate amendment derived from such
conference report by operation of this subsection), no further amendment
shall be in order.
(2) ELIMINATING A BREACH- Each non-exempt account within a category shall
be reduced by a dollar amount calculated by multiplying the baseline level
of sequesterable budgetary resources in that account at that time by the
uniform percentage necessary to eliminate a breach within that category.
(3) MILITARY PERSONNEL-
(A) IN GENERAL- The President may, with respect to any military personnel
account, exempt that account from sequestration or provide for a lower
uniform percentage reduction than would otherwise apply, provided that the
President has notified Congress of the manner in which such authority will
be exercised pursuant to paragraph (7)(A)(ii).
(B) REDUCTIONS- If the President uses the authority to exempt any military
personnel from sequestration under paragraph (7)(A)(ii), each account
within subfunctional category 051 (other than those military personnel
accounts for which the authority provided under clause (i) 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 budget authority is 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 full-year appropriation.
(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 after such
enactment there shall be a sequestration to eliminate that breach within
that category following the procedures set forth in paragraphs (2) through
(4).
(7) REPORTS-
(A) SEQUESTRATION PREVIEW REPORT-
(i) IN GENERAL- Not later than 5 days before the date of the President's
budget submission for CBO, and the date of the President's budget
submissions for OMB, OMB and CBO shall issue a preview report regarding
discretionary spending based on laws enacted through those dates. The
preview report shall set forth 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 under this section.
(ii) NOTIFICATION REGARDING MILITARY PERSONNEL- On or before the date of
the sequestration preview report, the President shall notify the Congress
of the manner in which he intends to exercise flexibility with respect to
military personnel accounts under subsection (f)(3).
(iii) EXPLANATION OF DIFFERENCES- The OMB reports shall explain the
differences between OMB and CBO estimates for each item set forth in this
subsection.
(B) SEQUESTRATION UPDATE REPORT- Not later than August 15 for CBO, and
August 20 for OMB, OMB and CBO shall issue a sequestration update report,
reflecting laws enacted through those dates, containing all of the
information required in the sequestration preview reports. This report
shall also contain a preview estimate of the adjustment for disaster
funding for the upcoming fiscal year.
(C) FINAL SEQUESTRATION REPORT- Not later than 10 days after the end of
session for CBO, and 14 days after the end of session for OMB (excluding
weekends and holidays), OMB and CBO shall issue a final sequestration
report, updated to reflect laws enacted through those dates, with
estimates for each of the following:
(i) For the current year and each subsequent year through 2021 the
applicable discretionary spending limits for each category and an
explanation of any adjustments in such limits under this section,
including a final estimate of the disaster funding adjustment.
(ii) For the current year and the budget year the estimated new budget
authority for each category and the breach, if any, in each category.
(iii) For each category for which a sequestration is required, the
sequestration percentages necessary to achieve the required reduction.
(iv) For the budget year, for each account to be sequestered, estimates of
the baseline level of sequesterable budgetary resources and the amount of
budgetary resources to be sequestered.
(8) SUSPENSION IN THE EVENT OF LOW GROWTH- Section 254(i) and subsections
(a), (b)(1), and (c) of section 258 of the Balanced Budget and Emergency
Deficit Control Act of 1985 with respect to suspension of this section for
low growth only shall apply to this section, provided that those sections
are deemed not to apply to titles III and IV of the Congressional Budget
Act of 1974 and section 1103 of title 31, United States Code.
(g) Definitions-
(1) NONSECURITY CATEGORY- The term `nonsecurity category' means all
discretionary appropriations, as that term is defined in section 250(c)(7)
of the Balanced Budget and Emergency Deficit Control Act of 1985, not
included in the security category defined in this Act, but does not
include any appropriations designated for overseas deployments and related
activities pursuant to section (c)(3), or appropriations designated as an
emergency pursuant to this Act.
(2) SECURITY CATEGORY- The term `security category' includes discretionary
appropriations, as that term is defined in section 250(c)(7) of the
Balanced Budget and Emergency Deficit Control Act of 1985, in budget
functions 050 and 700, but does not include any appropriations designated
for overseas deployments and related activities pursuant to section
(c)(3), or appropriations designated as an emergency pursuant to this Act.
(3) DISCRETIONARY CATEGORY- The term `discretionary category' includes all
discretionary appropriations designated as an emergency pursuant to this
Act, as that term is defined in section 250(c)(7) of the Balanced Budget
and Emergency Deficit Control Act of 1985, but does not include any
appropriations designated for overseas deployments and related activities
pursuant to section (c)(3), or appropriations designated as an emergency
pursuant to this Act.
(4) ADVANCE APPROPRIATION- The term `advance appropriation' means
appropriations of new budget authority that become available one or more
fiscal years beyond the fiscal year for which the appropriation act was
passed.
(5) DISCRETIONARY SPENDING LIMITS- The term `discretionary spending
limits' means the amounts specified in section 101 of this Act.
(6) DEFINITIONS- To the extent they are not defined in this section, the
terms used in this section shall have the same meaning as the terms
defined in section 251(c) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
(h) Sequestration Rules-
(1) IN GENERAL- Subsections (g) and (k) of section 256 of the Balanced
Budget and Emergency Deficit Control Act of 1985 shall apply to
sequestration under this Act.
(2) INTERGOVERNMENTAL FUNDS- For purposes of sequestration under this
section, budgetary resources shall not include activities financed by
voluntary payments to the Government for goods and services to be provided
for such payments, intragovernmental funds paid in from other Government
accounts, and unobligated balances of prior year appropriations.
Sec. 102. 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 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 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, 2012-2016, and
2012-2021 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 fiscal years 2011, 2012, 2012-2016, 2012-2021 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
(D) levels of Social Security revenues and outlays for fiscal years 2011,
2012, 2012-2016, and 2012-2021 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, 2013-2017, and
2013-2022 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 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) Upon 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 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 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 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.
(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) Sections (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) Sections (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.
To Top
TITLE II--OTHER SPENDING CUTS
Subtitle
A--Spectrum Auction Proposals and Public Safety Broadband Network
Sec. 211. Definitions.
In this subtitle, the following definitions shall apply:
(1) 700 MHZ BAND- The term `700 MHz band' means the portion of the
electromagnetic spectrum between the frequencies from 698 megahertz to 806
megahertz.
(2) 700 MHZ D BLOCK SPECTRUM- The term `700 MHz D block spectrum' means
the portion of the electromagnetic spectrum between the frequencies from
758 megahertz to 763 megahertz and between the frequencies from 788
megahertz to 793 megahertz.
(3) APPROPRIATE COMMITTEES OF CONGRESS- Except as otherwise specifically
provided, the term `appropriate committees of Congress' means--
(A) the Committee on Commerce, Science, and Transportation of the Senate;
and
(B) the Committee on Energy and Commerce of the House of Representatives.
(4) ASSISTANT SECRETARY- The term `Assistant Secretary' means the
Assistant Secretary of Commerce for Communications and Information.
(5) COMMISSION- The term `Commission' means the Federal Communications
Commission.
(6) CORPORATION- The term `Corporation' means the Public Safety Broadband
Corporation established under section 244.
(7) EXISTING PUBLIC SAFETY BROADBAND SPECTRUM- The term `existing public
safety broadband spectrum' means the portion of the electromagnetic
spectrum between the frequencies--
(A) from 763 megahertz to 768 megahertz;
(B) from 793 megahertz to 798 megahertz;
(C) from 768 megahertz to 769 megahertz; and
(D) from 798 megahertz to 799 megahertz.
(8) FEDERAL ENTITY- The term `Federal entity' has the same meaning as in
section 113(i) of the National Telecommunications and Information
Administration Organization Act (47 U.S.C. 923(i)).
(9) NARROWBAND SPECTRUM- The term `narrowband spectrum' means the portion
of the electromagnetic spectrum between the frequencies from 769 megahertz
to 775 megahertz and between the frequencies from 799 megahertz to 805
megahertz.
(10) NIST- The term `NIST' means the National Institute of Standards and
Technology.
(11) NTIA- The term `NTIA' means the National Telecommunications and
Information Administration.
(12) PUBLIC SAFETY ENTITY- The term `public safety entity' means an entity
that provides public safety services.
(13) PUBLIC SAFETY SERVICES- The term `public safety services'--
(A) has the meaning given the term in section 337(f) of the Communications
Act of 1934 (47 U.S.C. 337(f)); and
(B) includes services provided by emergency response providers, as that
term is defined in section 2 of the Homeland Security Act of 2002 (6
U.S.C. 101).
To Top
PART I--Auctions of Spectrum and Spectrum Management
Sec. 221. Clarification of authorities to repurpose
Federal spectrum for commercial purposes.
(a) Eligible Federal Entities- Section 113(g)(1) of the National
Telecommunications and Information Administration Organization Act (47
U.S.C. 923(g)(1)) is amended to read as follows:
`(1) ELIGIBLE FEDERAL ENTITIES- Any Federal entity that operates a Federal
Government station authorized to use a band of frequencies specified in
paragraph (2) and that incurs relocation costs because of planning for a
potential auction of spectrum frequencies, a planned auction of spectrum
frequencies, or the reallocation of spectrum frequencies from Federal use
to exclusive non-Federal use, or shared Federal and non-Federal use shall
receive payment for such costs from the Spectrum Relocation Fund, in
accordance with section 118 of this Act. For purposes of this paragraph,
Federal power agencies exempted under subsection (c)(4) that choose to
relocate from the frequencies identified for reallocation pursuant to
subsection (a), are eligible to receive payment under this paragraph.'.
(b) Eligible Frequencies- Section 113(g)(2)(B) of the National
Telecommunications and Information Administration Organization Act (47
U.S.C. 923(g)(2)(B)) is amended to read as follows:
`(B) any other band of frequencies reallocated from Federal use to
non-Federal or shared use, whether for licensed or unlicensed use, after
January 1, 2003, that is assigned--
`(i) by competitive bidding pursuant to section 309(j) of the
Communications Act of 1934 (47 U.S.C. 309(j)); or
`(ii) as a result of an Act of Congress or any other administrative or
executive direction.'.
(c) Definition of Relocation and Sharing Costs- Section 113(g)(3) of the
National Telecommunications and Information Administration Organization
Act (47 U.S.C. 923(g)(3)) is amended to read as follows:
`(3) DEFINITION OF RELOCATION AND SHARING COSTS- For purposes of this
subsection, the terms `relocation costs' and `sharing costs' mean the
costs incurred by a Federal entity to plan for a potential or planned
auction or sharing of spectrum frequencies and to achieve comparable
capability of systems, regardless of whether that capability is achieved
by relocating to a new frequency assignment, relocating a Federal
Government station to a different geographic location, modifying Federal
Government equipment to mitigate interference or use less spectrum, in
terms of bandwidth, geography, or time, and thereby permitting spectrum
sharing (including sharing among relocated Federal entities and incumbents
to make spectrum available for non-Federal use) or relocation, or by
utilizing an alternative technology. Comparable capability of systems
includes the acquisition of state-of-the art replacement systems intended
to meet comparable operational scope, which may include incidental
increases in functionality. Such costs include--
`(A) the costs of any modification or replacement of equipment, spares,
associated ancillary equipment, software, facilities, operating manuals,
training costs, or regulations that are attributable to relocation or
sharing;
`(B) the costs of all engineering, equipment, software, site acquisition,
and construction costs, as well as any legitimate and prudent transaction
expense, including term-limited Federal civil servant and contractor staff
necessary to carry out the relocation activities of an eligible Federal
entity, and reasonable additional costs incurred by the Federal entity
that are attributable to relocation or sharing, including increased
recurring costs above recurring costs of the system before relocation for
the remaining estimated life of the system being relocated;
`(C) the costs of research, engineering studies, economic analyses, or
other expenses reasonably incurred in connection with--
`(i) calculating the estimated relocation costs that are provided to the
Commission pursuant to paragraph (4) of this subsection, or in calculating
the estimated sharing costs;
`(ii) determining the technical or operational feasibility of relocation
to 1 or more potential relocation bands; or
`(iii) planning for or managing a relocation or sharing project (including
spectrum coordination with auction winners) or potential relocation or
sharing project;
`(D) the one-time costs of any modification of equipment reasonably
necessary to accommodate commercial use of shared frequencies or, in the
case of frequencies reallocated to exclusive commercial use, prior to the
termination of the Federal entity's primary allocation or protected
status, when the eligible frequencies as defined in paragraph (2) of this
subsection are made available for private sector uses by competitive
bidding and a Federal entity retains primary allocation or protected
status in those frequencies for a period of time after the completion of
the competitive bidding process;
`(E) the costs associated with the accelerated replacement of systems and
equipment if such acceleration is necessary to ensure the timely
relocation of systems to a new frequency assignment or the timely
accommodation of sharing of Federal frequencies; and
`(F) the costs of the use of commercial systems (including systems not
utilizing spectrum) to replace Federal systems discontinued or relocated
pursuant to this Act, including lease, subscription, and equipment costs
over an appropriate period, such as the anticipated life of an equivalent
Federal system or other period determined by the Director of the Office of
Management and Budget.'.
(d) Spectrum Sharing- Section 113(g) of the National Telecommunications
and Information Administration Organization Act (47 U.S.C. 923(g)) is
amended by adding at the end the following:
`(7) SPECTRUM SHARING- A Federal entity is permitted to allow access to
its frequency assignments by a non-Federal entity upon approval of NTIA,
in consultation with the Director of the Office of Management and Budget.
Such non-Federal entities shall comply with all applicable rules of the
Commission and the NTIA, including any regulations promulgated pursuant to
this section. Any remuneration associated with such access shall be
deposited into the Spectrum Relocation Fund established under section 118.
A Federal entity that incurs costs as a result of such access is eligible
for payment from the Fund for the purposes specified in paragraph (3) of
this section. The revenue associated with such access shall be at least
110 percent of the estimated Federal costs.'.
(e) Spectrum Relocation Fund- Section 118 of the National
Telecommunications and Information Administration Organization Act (47
U.S.C. 928) is amended--
(1) in subsection (b), by inserting before the period at the end the
following: `and any payments made by non-Federal entities for access to
Federal spectrum pursuant to section 113(g)(7) (47 U.S.C. 113(g)(7))';
To Top
(2) by amending subsection (c) to read as follows:
`(c) Use of Funds-
`(1) FUNDS FROM AUCTIONS- The amounts in the Fund from auctions of
eligible frequencies are authorized to be used to pay relocation costs, as
such costs are defined in section 113(g)(3), of an eligible Federal entity
incurring such costs with respect to relocation from any eligible
frequency.
`(2) FUNDS FROM PAYMENTS BY NON-FEDERAL ENTITIES- The amounts in the Fund
from payments by non-Federal entities for access to Federal spectrum are
authorized to be used to pay the sharing costs, as such costs are defined
in section 113(g)(3), of an eligible Federal entity incurring such costs.
`(3) TRANSFER OF FUNDS-
`(A) IN GENERAL- Subject to subparagraph (B), the Director of OMB may
transfer at any time (including prior to any auction or contemplated
auction, or sharing initiative) such sums as may be available in the Fund
to an eligible Federal entity to pay eligible relocation or sharing costs
related to pre-auction estimates or research, as such costs are described
in section 113(g)(3)(C).
`(B) LIMITATION- The Director of OMB may not transfer more than
$100,000,000 associated with authorize pre-auction activities before an
auction is completed and proceeds are deposited in the Spectrum Relocation
Fund.
`(C) APPLICABILITY- The Director of OMB may transfer up to $10,000,000 to
eligible Federal entities for eligible relocation or sharing costs related
to pre-auction estimates or research, as such costs are described in
section 113(g)(3)(C), for costs incurred prior to the date of the
enactment of the Budget Control Act of 2011, but after June 28th, 2010.';
(3) in subsection (d)--
(A) in paragraph (1), by inserting `and sharing' before `costs';
(B) in paragraph (2)(B)--
(i) by inserting `and sharing' before `costs'; and
(ii) by inserting `and sharing' before the period at the end; and
(C) by amending paragraph (3) to read as follows:
`(3) REVERSION OF UNUSED FUNDS-
`(A) IN GENERAL- Any amounts in the Fund that are remaining after the
payment of the relocation and sharing costs that are payable from the Fund
shall revert to and be deposited in the General Fund of the Treasury not
later than 15 years after the date of the deposit of such proceeds to the
Fund, unless within 60 days in advance of the reversion of such funds, the
Director of OMB, in consultation with the Assistant Secretary for
Communications and Information, notifies the appropriate committees of
Congress that such funds are needed to complete or to implement current or
future relocations or sharing initiatives.
To Top
`(B) DEFINITION- In this paragraph, the term `appropriate committees of
Congress' means--
`(i) the Committee on Appropriations of the Senate;
`(ii) the Committee on Commerce, Science, and Transportation of the
Senate;
`(iii) the Committee on Appropriations of the House of Representatives;
and
`(iv) the Committee on Energy and Commerce of the House of
Representatives.';
(4) in subsection (e)(2)--
(A) by inserting `and sharing' before `costs';
(B) by inserting `or sharing' before `is complete'; and
(C) by inserting `or sharing' before `in accordance'; and
(5) by adding at the end the following:
`(f) Additional Payments From the Fund- Notwithstanding subsections (c)
through (e), after the date of the enactment of the Budget Control Act of
2011, and following the credit of any amounts specified in subsection (b),
there are hereby appropriated from the Fund and available to the Director
of the OMB up to 10 percent of the amounts deposited in the Fund from the
auction of licenses for frequencies of spectrum vacated by Federal
entities, or up to 10 percent of the amounts deposited in the Fund by
non-Federal entities for sharing of Federal spectrum. The Director of OMB,
in consultation with the Assistant Secretary for Communications and
Information, may use such amounts to pay eligible Federal entities for the
purpose of encouraging timely access to such spectrum, provided that--
`(1) any such payment by the Director of OMB is based on the market value
of the spectrum, the timeliness of clearing, and needs for essential
missions of agencies;
`(2) any such payment by the Director of OMB is used to carry out the
purposes specified in subparagraphs (A) through (F) of paragraph (3) of
subsection 113(g) to enhance other communications, radar, and
spectrum-using investments not directly affected by such reallocation or
sharing but essential for the missions of the Federal entity that is
relocating its systems or sharing frequencies;
`(3) the amount remaining in the Fund after any such payment by the
Director is not less than 10 percent of the winning bids in the relevant
auction, or is not less than 10 percent of the payments from non-Federal
entities in the relevant sharing agreement; and
`(4) any such payment by the Director shall not be made until 30 days
after the Director has notified the Committees on Appropriations and
Commerce, Science, and Transportation of the Senate, and the Committees on
Appropriations and Energy and Commerce of the House of Representatives.'.
(f) Competitive Bidding; Treatment of Revenues- Subparagraph (D) of
section 309(j)(8) of the Communications Act of 1934 (47 U.S.C. 309(j)(8))
is amended by inserting `excluding frequencies identified by the Federal
Communications Commission to be auctioned in conjunction with eligible
frequencies described in section 113(g)(2)' before `shall be deposited'.
(g) Public Disclosure and Nondisclosure- If the head of an executive
agency of the Federal Government determines that public disclosure of any
information contained in notifications and reports required by section 113
or 118 of the National Telecommunications and Information Administration
Organization Act (47 U.S.C. 923 and 928) would reveal classified national
security information or other information for which there is a legal basis
for nondisclosure and such public disclosure would be detrimental to
national security, homeland security, public safety, or jeopardize law
enforcement investigations, the head of the executive agency shall notify
the NTIA of that determination prior to release of such information. In
that event, such classified information shall be included in a separate
annex, as needed. These annexes shall be provided to the appropriate
subcommittee in accordance with appropriate national security
stipulations, but shall not be disclosed to the public or provided to any
unauthorized person through any other means.
To Top
Sec. 222. Incentive auction authority.
(a) In General- Paragraph (8) of section 309(j) of the Communications Act
of 1934 (47 U.S.C. 309(j)) is amended--
(1) in subparagraph (A), by striking `(B), (D), and (E),' and inserting
`(B), (D), (E), and (F),'; and
(2) by adding at the end the following:
`(F) INCENTIVE AUCTION AUTHORITY-
`(i) AUTHORITY- Notwithstanding any other provision of law, if the
Commission determines that it is consistent with the public interest in
utilization of the spectrum for a licensee to relinquish voluntarily some
or all of its licensed spectrum usage rights in order to permit the
assignment of new initial licenses through a competitive bidding process
subject to new service rules, or the designation of new spectrum for
unlicensed use, the Commission may disburse to that licensee a portion of
any auction proceeds that the Commission determines, in its discretion,
are attributable to the licensee's relinquished spectrum usage rights.
`(ii) REPACKING- When assigning spectrum to television broadcast station
licensees pursuant to clause (i), if the Commission determines that it is
in the public interest to modify the spectrum usage rights of any
incumbent licensee in order to facilitate the assignment of such new
initial licenses subject to new service rules, or the designation of
spectrum for an unlicensed use, the Commission may disburse to such
licensee a portion of the auction proceeds for the purpose of relocating
to any alternative frequency or location that the Commission may
designate.
`(iii) UNLICENSED SPECTRUM-
`(I) IN GENERAL- With respect to frequency bands between 54 and 72 MHz, 76
and 88 MHz, 174 and 216 MHz, 470 and 698 MHz, 84 MHz (referred to in this
clause as the `specified bands') shall be assigned via a competitive
bidding process until the winning bidders for licenses covering 90
megahertz from the specified bands deposit the full amount of their bids
in accordance with the instructions of the Commission. In addition, if
more than 90 megahertz of spectrum from the specified bands is made
available for alternative use utilizing payments under this subsection,
and such spectrum is assigned via competitive bidding, a portion of the
proceeds may be disbursed to licensees of other frequency bands for the
purpose of making additional spectrum available.
`(II) NOTICE- The Chairman of the Commission, in consultation with the
Director of OMB, shall notify the Committees on Appropriations and
Commerce, Science, and Transportation of the Senate, and the Committees on
Appropriations and Energy and Commerce of the House of Representatives of
the methodology for calculating such payments to licensees at least 3
months in advance of the relevant auction, and that such methodology
consider the value of spectrum vacated in its current use and the
timeliness of clearing.
`(iv) TREATMENT OF REVENUES- Notwithstanding subparagraph (A), and except
as provided in subparagraphs (B), (C), and (D), all proceeds (including
deposits and up front payments from successful bidders) from the auction
of spectrum under this subparagraph shall be deposited with the Public
Safety Trust Fund established under section 243 of the Budget Control Act
of 2011.
`(G) ESTABLISHMENT OF INCENTIVE AUCTION RELOCATION FUND-
`(i) IN GENERAL- There is established in the Treasury of the United States
a fund to be known as the `Incentive Auction Relocation Fund'.
`(ii) ADMINISTRATION- The Assistant Secretary shall administer the
Incentive Auction Relocation Fund using the amounts deposited pursuant to
this section.
`(iii) CREDITING OF RECEIPTS- There shall be deposited into or credited to
the Incentive Auction Relocation Fund any amounts specified in section 243
of the Budget Control Act of 2011.
`(iv) AVAILABILITY- Amounts in the Incentive Auction Relocation Fund shall
be available to the NTIA for use--
`(I) without fiscal year limitation;
`(II) for a period not to exceed 18 months following the later of--
`(aa) the completion of incentive auction from which such amounts were
derived; or
`(bb) the date on which the Commission issues all the new channel
assignments pursuant to any repacking required under subparagraph (F)(ii);
and
`(III) without further appropriation.
`(v) USE OF FUNDS- Amounts in the Incentive Auction Relocation Fund may
only be used by the NTIA, in consultation with the Commission, to cover--
`(I) the reasonable costs of licensees that are relocated to a different
spectrum channel or geographic location following an incentive auction
under subparagraph (F), or that are impacted by such relocations,
including to cover the cost of new equipment, installation, and
construction; and
`(II) the costs incurred by multichannel video programming distributors
for new equipment, installation, and construction related to the carriage
of such relocated stations or the carriage of stations that voluntarily
elect to share a channel, but retain their existing rights to carriage
pursuant to sections 338, 614, and 615.'.
To Top
Sec. 223. Incentive auctions to repurpose certain
mobile satellite services spectrum for terrestrial broadband use.
(a) In General- To the extent that the Commission makes available spectrum
licenses on some or all of the frequencies between 2000 and 2020 MHz and
2180 and 2200 MHz for terrestrial broadband use, such licenses shall be
assigned pursuant to the authority provided in section 309(j)(8) of the
Communications Act of 1934 (47 U.S.C. 309(j)(8)), including, as
appropriate, subparagraph (F) of such section.
(b) Termination of Authority- The authority granted under subsection (a)
shall terminate on September 30, 2021.
To Top
Sec. 224. Permanent extension of auction authority.
Section 309(j)(11) of the Communications Act of 1934 (47 U.S.C.
309(j)(11)) is repealed.
To Top
Sec. 225. Authority to auction licenses for
domestic satellite services.
Section 309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)) is
amended by adding the following:
`(17) AUTHORITY TO AUCTION LICENSES FOR DOMESTIC SATELLITE SERVICES-
`(A) IN GENERAL- Notwithstanding any other provision of law, the
Commission shall use competitive bidding under this subsection to assign
any license, construction permit, reservation, or similar authorization or
modification thereof, that may be used solely or predominantly for
domestic satellite communications services, including satellite-based
television or radio services. The Commission may, however, use an
alternative approach to assignment of such licenses or similar authorities
if it finds that such an alternative to competitive bidding would serve
the public interest, convenience, and necessity.
`(B) DEFINITION- In this paragraph, the term `predominantly for domestic
satellite communications services' means a service provided in which the
majority of customers that may be served are located within the geographic
boundaries of the United States.
`(C) EFFECTIVE DATE AND APPLICATION- This paragraph shall take effect on
the date of enactment of this paragraph and shall apply to all Commission
assignments or reservations of spectrum for domestic satellite services,
including, but not limited to, all assignments or reservations for
satellite-based television or radio services as of the effective date.'.
To Top
Sec. 226. Auction of spectrum.
(a) Identification of Spectrum- Not later than 1 year after the date of
enactment of this Act, the Assistant Secretary shall identify and make
available for immediate reallocation or sharing with incumbent Government
operations, at a minimum, 15 megahertz of contiguous spectrum at
frequencies located between 1675 megahertz and 1710 megahertz, inclusive,
minus the geographic exclusion zones, or any amendment thereof, identified
in NTIA's October 2010 report entitled `An Assessment of Near-Term
Viability of Accommodating Wireless Broadband Systems in 1675-1710 MHz,
1755-1780 MHz, 3500-3650 MHz, and 4200-4220 MHz, 4380-4400 MHz Bands'.
(b) Auction-
(1) IN GENERAL- Not later than January 31, 2016, the Commission shall
conduct the auctions of the following licenses, by commencing the bidding
for:
(A) The spectrum between the frequencies of 1915 megahertz and 1920
megahertz, inclusive.
(B) The spectrum between the frequencies of 1995 megahertz and 2000
megahertz, inclusive.
(C) The spectrum between the frequencies of 2020 megahertz and 2025
megahertz, inclusive.
(D) The spectrum between the frequencies of 2155 megahertz and 2175
megahertz, inclusive.
(E) The spectrum between the frequencies of 2175 megahertz and 2180
megahertz, inclusive.
(F) Subject to paragraph (2), 25 megahertz of spectrum between the
frequencies of 1755 megahertz, minus appropriate geographic exclusion
zones.
(G) The spectrum identified pursuant to subsection (a).
(2) LIMITATION- The Commission may conduct the auctions of the licenses
described in paragraph (1) unless the President determines that--
(A)(i) such spectrum should not be reallocated due to the need to protect
incumbent Federal operations; or
(ii) reallocation must be delayed or progressed in phases to ensure
protection or continuity of Federal operations; and
(B) allocation of other spectrum--
(i) better serves the public interest, convenience, and necessity; and
(ii) can reasonably be expected to produce receipts comparable to auction
of spectrum frequencies identified in this paragraph.
(c) Auction Organization- The Commission may, if technically feasible and
consistent with the public interest, combine the spectrum identified in
paragraphs (4), (5), and the portion of paragraph (6) between the
frequencies of 1755 megahertz and 1780 megahertz, inclusive, of subsection
(b) in an auction of licenses for paired spectrum blocks.
(d) Further Reallocation of Certain Other Spectrum-
(1) COVERED SPECTRUM- For purposes of this subsection, the term `covered
spectrum' means the portion of the electromagnetic spectrum between the
frequencies of 3550 to 3650 megahertz, inclusive, minus the geographic
exclusion zones, or any amendment thereof, identified in NTIA's October
2010 report entitled `An Assessment of Near-Term Viability of
Accommodating Wireless Broadband Systems in 1675-1710 MHz, 1755-1780 MHz,
3550-3650 MHz, and 4200-4220 MHz, 4380-4400 MHz Bands'.
(2) IN GENERAL- Consistent with requirements of section 309(j) of the
Communications Act of 1934, the Commission shall reallocate covered
spectrum for assignment by competitive bidding unless the President of the
United States determines that--
(A) such spectrum cannot be reallocated due to the need to protect
incumbent Federal systems from interference; or
(B) allocation of other spectrum--
(i) better serves the public interest, convenience, and necessity; and
(ii) can reasonably be expected to produce receipts comparable to what the
covered spectrum might auction for without the geographic exclusion zones.
To Top
(3) ACTIONS REQUIRED IF COVERED SPECTRUM CANNOT BE REALLOCATED-
(A) IN GENERAL- If the President makes a determination under paragraph (2)
that the covered spectrum cannot be reallocated, then the President shall,
within 1 year after the date of such determination--
(i) identify alternative bands of frequencies totaling more than 20
megahertz and no more than 100 megahertz of spectrum used primarily by
Federal agencies that satisfy the requirements of clauses (i) and (ii) of
paragraph (2)(B);
(ii) report to the President and appropriate committees of Congress and
the Commission an identification of such alternative spectrum for
assignment by competitive bidding; and
(iii) make such alternative spectrum for assignment immediately available
for reallocation.
(B) AUCTION- If the President makes a determination under paragraph (2)
that the covered spectrum cannot be reallocated, the Commission shall
commence the bidding of the alternative spectrum identified pursuant to
subparagraph (A) within 3 years of the date of enactment of this Act.
To Top
(4) ACTIONS REQUIRED IF COVERED SPECTRUM CAN BE REALLOCATED- If the
President does not make a determination under paragraph (1) that the
covered spectrum cannot be reallocated, the Commission shall commence the
competitive bidding for the covered spectrum within 3 years of the date of
enactment of this Act.
(e) Amendments to Design Requirements Related to Competitive Bidding-
Section 309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)) is
amended--
(1) in paragraph (3)--
(A) in subparagraph (E)(ii), by striking `; and' and inserting a
semicolon; and
(B) in subparagraph (F), by striking the period at the end and inserting a
semicolon; and
(2) by amending clause (i) of the second sentence of paragraph (8)(C) to
read as follows:
`(i) the deposits--
`(I) of successful bidders of any auction conducted pursuant to
subparagraph (F) or to section 226 of the Budget Control Act of 2011 shall
be paid to the Public Safety Trust Fund established under section 243 of
the Budget Control Act of 2011; and
`(II) of successful bidders of any other auction shall be paid to the
Treasury;'.
To Top
Sec. 227. Report to Congress on improving spectrum
management.
Not later than 90 days after the date of enactment of this part, the NTIA
shall submit to the appropriate committees of Congress a report on the
status of the NTIA's plan to implement the recommendations contained in
the `President's Memorandum on Improving Spectrum Management for the 21st
Century', 49 Weekly Comp. Pres. Doc. 2875, Nov. 29, 2004.
To Top
PART II--Public Safety Broadband Network
Sec. 241. Reallocation of D Block for public
safety.
(a) In General- The Commission shall reallocate the 700 MHz D block
spectrum for use by public safety entities in accordance with the
provisions of this Act.
(b) Spectrum Allocation- Section 337(a) of the Communications Act of 1934
(47 U.S.C. 337(a)) is amended--
(1) by striking `24' in paragraph (1) and inserting `34'; and
(2) by striking `36' in paragraph (2) and inserting `26'.
To Top
Sec. 242. Flexible use of narrowband spectrum.
The Commission may allow the narrowband spectrum to be used in a flexible
manner, including usage for public safety broadband communications,
subject to such technical and interference protection measures as the
Commission may require and subject to interoperability requirements of the
Commission and the Corporation (to be established in subsequent
legislation, to provide governance of the network, development of
standards to promote system-wide interoperability and security, and
implementation grants, where necessary, to state, local and Tribal
entities).
To Top
Sec. 243. Public Safety Trust Fund.
(a) Establishment of Public Safety Trust Fund-
(1) IN GENERAL- There is established in the Treasury of the United States
a trust fund to be known as the `Public Safety Trust Fund'.
(2) CREDITING OF RECEIPTS-
(A) IN GENERAL- There shall be deposited into or credited to the Public
Safety Trust Fund the proceeds from the auction of spectrum carried out
pursuant to--
(i) section 102 of this Act; and
(ii) section 309(j)(8)(F) of the Communications Act of 1934, as added by
section 102 of this Act.
(B) AVAILABILITY- Amounts deposited into or credited to the Public Safety
Trust Fund in accordance with subparagraph (A) shall remain available
until the end of fiscal year 2017. Upon the expiration of the period
described in the prior sentence such amounts shall be deposited in the
General Fund of the Treasury, where such amounts shall be dedicated for
the sole purpose of deficit reduction.
(b) Appropriation- There is hereby appropriated from the Public Safety
Trust Fund to the Secretary of Commerce $7,000,000,000, to remain
available through fiscal year 2017, for the establishment of a national
network to support secure and interoperable public-safety broadband
communications: Provided, That the Secretary may make shall make these
amounts available to a Public Safety Broadband Corporation, to be
established in a subsequent statute, to support the Corporation's
activities in providing governance of such network; in developing
standards to promote systemwide interoperability and security of such
network; in entering into contracts with the National Institute of
Standards and Technology (NIST), for NIST to provide services to the
Corporation; and in making grants, as necessary, to State, local, and
tribal entities for their activities in support of such network: Provided
further, That the Secretary shall make these amounts available to such
Corporation after submission of a spend plan by the Corporation and
approval by the Secretary of Commerce, in consultation with the Secretary
of Homeland Security, Director of the Office of Management and Budget, and
Attorney General of the United States.
To Top
Sec. 244. Public safety research and development.
After approval by the Office of Management and Budget of a spend plan
developed by the Director of NIST, up to $300,000,000 for fiscal year 2012
shall be made available for use by the Director of NIST to carry out a
research program on public safety wireless communications. If less than
$300,000,000 is approved by the Office of Management and Budget, the
remainder shall be transferred to the Public Safety Broadband Corporation,
to be established in subsequent statute, and be available to support the
Corporation's activities in providing governance of a national network to
support secure and interoperable public-safety broadband communications;
in developing standards to promote systemwide interoperability and
security of such network; and in making grants, as necessary, to State,
local, and tribal entities for their activities in support of such
network.
To Top
Sec. 245. Incentive auction relocation fund.
Not more than $1,000,000,000 shall be deposited in the Incentive Auction
Relocation Fund established under section 309(j)(8)(G) of the
Communications Act of 1934.
To Top
Sec. 246. Federal infrastructure sharing.
(a) In General- The Administrator of General Services shall establish
rules to allow public safety entities licensed or otherwise permitted to
use spectrum allocated to the Public Safety Broadband Corporation and
other non-Federal users of spectrum to have access to those components of
Federal infrastructure appropriate for the construction and maintenance of
the nationwide public safety interoperable broadband network to be
established under this part or operation of a commercial or other
non-Federal wireless networks.
(b) Required Payment- Rules established by the Administrator shall require
payments from public safety entities or other non-Federal users to cover
at least the full incremental costs of using Federal infrastructure.
(c) Payment Above Full Incremental Cost- The Administrator may adopt rules
to charge more than the full incremental cost of using the Federal
infrastructure if demand for use of a component of Federal infrastructure
by non-Federal entities is greater than can be accommodated, as determined
by the Administrator. However, the rules established by the Administrator
shall prioritize use by Federal agencies over public safety entities and
prioritize use by public safety entities over commercial or other
non-Federal entities.
(d) Use of Funds- Remuneration received for use of Federal infrastructure
is available to the Administrator without further appropriation to pay for
the full incremental costs of using the infrastructure. Any amounts
received above the full incremental cost shall be deposited in the general
fund of the Treasury.
To Top
Sec. 247. FCC report on efficient use of public
safety spectrum.
(a) In General- Not later than 180 days after the date of enactment of
this Act and every 2 years thereafter, the Commission shall, in
consultation with the Assistant Secretary and the Director of NIST,
conduct a study and submit to the appropriate committees of Congress a
report on the spectrum allocated for public safety use.
(b) Contents- The report required by subsection (a) shall include--
(1) an examination of how such spectrum is being used;
(2) recommendations on how such spectrum may be used more efficiently;
(3) an assessment of the feasibility of public safety entities relocating
from other bands to the public safety broadband spectrum; and
(4) an assessment of whether any spectrum made available by the relocation
described in paragraph (3) could be returned to the Commission for
reassignment through auction, including through use of incentive auction
authority under subparagraph (G) of section 309(j)(8) of the
Communications Act of 1934 (47 U.S.C. 309(j)(8)), as added by section 222.
To Top
Subtitle
B--Federal Pell Grant and Student Loan Program Changes
Sec. 251. Federal Pell Grant and student loan
program changes.
(a) 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
`$13,683,000,000'; and
(2) in subclause (III), by striking `$0' and inserting `$7,500,000,000'.
(b) 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:
`(3) TERMINATION OF AUTHORITY TO MAKE INTEREST SUBSIDIZED LOANS TO
GRADUATE AND PROFESSIONAL STUDENTS- Notwithstanding any provision of this
part or part B, for any period of instruction beginning on or after July
1, 2012--
`(A) a graduate or professional student shall not be eligible to receive a
subsidized Federal Direct Stafford Loan under this part;
`(B) 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 Subsidized Loans the student would have
received in the absence of this paragraph; and
`(C) the maximum aggregate amount of Federal Direct Unsubsidized Stafford
Loans such a student may borrow shall be the maximum aggregate amount for
such student determined under section 428H, adjusted to reflect the
increased annual limits described in subparagraph (B), as prescribed by
the Secretary by regulation.'.
(c) 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
section, or to any regulations promulgated under those amendments.
To Top
Subtitle
C--Farm Programs
Sec. 261. Definition of payment acres.
(a) In General- Section 1001(11) of the Food, Conservation, and Energy Act
of 2008 (7 U.S.C. 8702(11)) is amended--
(1) in subparagraph (A)--
(A) by striking `subparagraph (B)' and inserting `subparagraphs (B) and
(C)'; and
(B) by striking `and' at the end;
(2) in subparagraph (B), by striking the period at the end and inserting
`; and'; and
(3) by adding at the end the following:
`(C) in the case of direct payments for the 2012 crop year, 59 percent of
the base acres for the covered commodity on a farm on which direct
payments are made.'.
(b) Payment Acres for Peanuts- Section 1301(5) of the Food, Conservation,
and Energy Act of 2008 (7 U.S.C. 8751(5)) is amended--
(1) in subparagraph (A)--
(A) by striking `subparagraph (B)' and inserting `subparagraphs (B) and
(C)'; and
(B) by striking `and' at the end;
(2) in subparagraph (B), by striking the period at the end and inserting
`; and'; and
(3) by adding at the end the following:
`(C) in the case of direct payments for the 2012 crop year, 59 percent of
the base acres for peanuts on a farm on which direct payments are made.'.
To Top
TITLE III--JOINT SELECT COMMITTEE ON DEFICIT
REDUCTION
Sec. 301. 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
302(a).
(b) Establishment of Joint Select Committee-
(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
to 3 percent or less of GDP.
(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 and may include recommendations and legislative
language on tax reform.
(ii) CONSIDERATION OF OTHER BIPARTISAN PLANS- As a part of developing the
joint committee's recommendations and legislation, the joint committee
shall consider existing bipartisan plans to reduce the deficit, including
plans developed jointly by Senators or Members of the House.
(iii) RECOMMENDATIONS OF HOUSE AND SENATE COMMITTEES- Not later than
October 14, 2011, each committee of the House and Senate may transmit to
the joint committee its recommendations for changes in law to reduce the
deficit consistent with the goals 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 CBO and the
Joint Committee on Taxation estimate required by paragraph (5)(D)(ii); and
(II) proposed legislative language to carry out such recommendations as
described in subclause (I).
(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 not fewer than 7 of the 12 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 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, and the majority and minority leaders of both Houses.
(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
appointment 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 section.
(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 section.
(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
appointment. If a member of the committee leaves Congress, the member 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 Senate rules and regulations.
(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 as 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.
To Top
(D) VOTING-
(i) PROXY VOTING- No proxy voting shall be allowed on behalf of the
members of the joint committee.
(ii) CBO AND JOINT COMMITTEE ON TAXATION ESTIMATES- CBO and Joint
Committee on Taxation shall provide estimates of the legislation (as
described in paragraph (3)(B)) in accordance with sections 201(f) and
308(a) of the Congressional Budget Act of 1974 (2 U.S.C. 601(f) and
639(a)), including estimates of the effect on interest payments on the
debt. In addition CBO shall provide information on the budgetary effect of
the legislation beyond fiscal year 2021. The joint committee may not vote
on any version of the report, recommendations, or legislative language
unless an estimate described in ths clause is available for consideration
by all the members 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 section, the joint committee shall hold its first
meeting.
(ii) AGENDA- The Co-Chairs 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 the joint committee considers advisable.
(ii) HEARING PROCEDURES AND RESPONSIBILITIES OF CO-CHAIRS-
(I) ANNOUNCEMENT- The joint committee Co-Chairs 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 determine 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 prior to appearance, unless the requirement is waived by the
Co-Chairs, following their determination that there is good cause for
failure of compliance.
(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 Senate employees and following all applicable Senate rules
and employment requirements.
(2) ETHICAL STANDARDS- Members on the joint committee who serve in the
House of Representatives shall be governed by the House ethics rules and
requirements. Members of the Senate who serve on the joint committee and
staff of the joint committee shall comply with Senate ethics rules.
(d) Termination- The joint committee shall terminate on January 13, 2012.
To Top
Sec. 302. Expedited consideration of joint
committee recommendations.
(a) Introduction- If approved by the majority required by section
301(b)(3)(B)(ii), the proposed legislative language submitted pursuant to
section 301(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 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.
(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.
To Top
(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.
To Top
(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 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 201(b)(3)(B)(i) by November
23, 2011; or
(2) the joint committee bill does not pass both Houses by December 23,
2011.
To Top
Sec. 303. Funding.
Funding for the joint committee shall be derived from the applicable
account of the House of Representatives, and the contingent fund of the
Senate from the appropriations account `Miscellaneous Items,' subject to
Senate rules and regulations.
To Top
Sec. 304. 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.
To Top
Sec. 401. Public debt.
Subsection (b) of section 3101 of title 31, United States Code, is amended
by striking the dollar limitation contained in that subsection and
inserting `$16,994,000,000,000'.
To Top
All Rights
Reserved. © 2011 TheWeekInCongress.com(TM)
No
reproduction, language translation or distribution without written
permission from TheWeekInCongress.com.(TM)
|
|
|