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S 627 RFH

Referred to the Committee on Oversight and Government Reform

In the House of Representatives, U. S.,CommentsClose CommentsPermalink

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July 29, 2011.CommentsClose CommentsPermalink

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Resolved, That the bill from the Senate (S. 627) entitled ‘An Act to establish the Commission on Freedom of Information Act Processing Delays.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

AMENDMENT: CommentsClose CommentsPermalink

Strike out all after the enacting clause and insert:CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title- This Act may be cited as the ‘Faster FOIABudget Control Act of 2011’. CommentsClose CommentsPermalink





(b) Establishment- There is established the Commission on Freedom of Information Act Processing Delays (in this Act referred to as the ‘Commission’ for the purpose of conducting a study relating to methods to help reduce delays in processing requests submitted toTable of Contents- The table of contents for this Act is as follows: CommentsClose CommentsPermalink





Sec. 1. Short title; table of contents. CommentsClose CommentsPermalink

Sec. 501. Federal agencies under section 552Pell Grants. CommentsClose CommentsPermalink





Sec. 502. Termination of authority to make interest subsidized loans to graduate and professional students. CommentsClose CommentsPermalink





Sec. 503. Termination of Direct Loan repayment incentives. CommentsClose CommentsPermalink





Sec. 504. Inapplicability of title 5, United States Code (commonly referred to as the ‘Freedom of Information Act’).

(c) Membership-

(1) IN GENERAL- The Commission shall be composed of 12 members of whom--

(A) 2 shall be appointed by the chairman of the Committee on the Judiciary of the Senate;

(B) 2 shall be appointed by the ranking member of the Committee on the Judiciary of the Senate;

(C) 2 shall be appointed by the chairman of the Committee on Government Reform of the House of Representatives;

(D) 2 shall be appointed by the ranking member of the Committee on Government Reform of the House of Representatives;

(E) 1 shall be appointed by the Attorney General of the United States;

(F) 1 shall be appointed by the Director of the Office of Management and Budget;

(G) 1 shall be appointed by the Archivist of the United States; and

(H) 1 shall be appointed by the Comptroller General of the United States.

(2) QUALIFICATIONS OF CONGRESSIONAL APPOINTEES- Of the 2 appointees under each of subparagraphs (A), (B), (C), and (D) ofIV negotiated rulemaking and master calendar exception. CommentsClose CommentsPermalink

‘SEC. 251. ENFORCING DISCRETIONARY SPENDING LIMITS.

‘(a) Enforcement- CommentsClose CommentsPermalink





‘(1) SEQUESTRATION- Within 15 calendar days after Congress adjourns to end a session there shall be a sequestration to eliminate a budget-year breach, if any. CommentsClose CommentsPermalink





‘(2) ELIMINATING A BREACH- Each non-exempt account shall be reduced by a dollar amount calculated by multiplying the enacted level of sequestrable budgetary resources in that account at that time by the uniform percentage necessary to eliminate a breach. CommentsClose CommentsPermalink





‘(3) MILITARY PERSONNEL- If the President uses the authority to exempt any personnel account from sequestration under section 255(f), each account within subfunctional category 051 (other than those military personnel accounts for which the authority provided under section 255(f) has been exercised) shall be further reduced by a dollar amount calculated by multiplying the enacted level of non-exempt budgetary resources in that account at that time by the uniform percentage necessary to offset the total dollar amount by which outlays are not reduced in military personnel accounts by reason of the use of such authority. CommentsClose CommentsPermalink





‘(4) PART-YEAR APPROPRIATIONS- If, on the date specified in paragraph (1) at least 1 shall have experience as a FOIA requestor, or in the fields of library science, information management, or public access to Government information.(3) TIMELINESS OF APPOINTMENTS- Appointments to the Commission shall be made as expeditiously as possible, but not later than 60, 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-- CommentsClose CommentsPermalink





‘(A) the annualized amount otherwise available by law in that account under that or a subsequent part-year appropriation; and CommentsClose CommentsPermalink





‘(B) when a full-year appropriation for that account is enacted, from the amount otherwise provided by the full-year appropriation. CommentsClose CommentsPermalink





‘(5) LOOK-BACK- If, after June 30, an appropriation for the fiscal year in progress is enacted that causes a breach for that year (after taking into account any sequestration of amounts), the discretionary spending limits for the next fiscal year shall be reduced by the amount or amounts of that breach. CommentsClose CommentsPermalink





‘(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 for that year (after taking into account any prior sequestration of amounts), 15 days later there shall be a sequestration to eliminate that breach following the procedures set forth in paragraphs (2) through (4). CommentsClose CommentsPermalink





‘(7) ESTIMATES- CommentsClose CommentsPermalink





‘(A) CBO ESTIMATES- As soon as practicable after Congress completes action on any discretionary appropriation, CBO, after consultation with the Committees on the Budget of the House of Representatives and the Senate, shall provide OMB with an estimate of the amount of discretionary new budget authority for the current year, if any, and the budget year provided by that legislation. CommentsClose CommentsPermalink





‘(B) OMB ESTIMATES AND EXPLANATION OF DIFFERENCES- Not later than 7 calendar days (excluding Saturdays, Sundays, and legal holidays) after the date of enactment of this Act.

(d) Study- The Commission shall conduct a study to--

(1) identify methods that--

(A) will help reduce delays in the processing of requests submitted to Federal agencies under section 552 of title 5, United States Code; and

(B) ensure the efficient and equitable administration of that section throughout the Federal Government;

(2) examine whether the system for charging fees and granting waivers of fees under section 552any discretionary appropriation, OMB shall transmit a report to the House of Representatives and to the Senate containing the CBO estimate of that legislation, an OMB estimate of the amount of discretionary new budget authority for the current year, if any, and the budget year provided by that legislation, and an explanation of any difference between the 2 estimates. If during the preparation of the report OMB determines that there is a significant difference between OMB and CBO, OMB shall consult with the Committees on the Budget of the House of Representatives and the Senate regarding that difference and that consultation shall include, to the extent practicable, written communication to those committees that affords such committees the opportunity to comment before the issuance of the report. CommentsClose CommentsPermalink




‘(C) ASSUMPTIONS AND GUIDELINES- OMB estimates under this paragraph shall be made using current economic and technical assumptions. OMB shall use the OMB estimates transmitted to the Congress under this paragraph. OMB and CBO shall prepare estimates under this paragraph in conformance with scorekeeping guidelines determined after consultation among the House and Senate Committees on the Budget, CBO, and OMB. CommentsClose CommentsPermalink





‘(D) ANNUAL APPROPRIATIONS- For purposes of this paragraph, amounts provided by annual appropriations shall include any discretionary appropriations for the current year, if any, and the budget year in accounts for which funding is provided in that legislation that result from previously enacted legislation. CommentsClose CommentsPermalink





‘(b) Adjustments to Discretionary Spending Limits- CommentsClose CommentsPermalink





‘(1) CONCEPTS AND DEFINITIONS- When the President submits the budget undersection 1105 of title 531, United States Code, needs to be reformed in order to reduce delays in processing requests; and

(3) examine and determine--

(A) why the Federal Government’s use of the exemptions under OMB shall calculate and the budget shall include adjustments to discretionary spending limits (and those limits as cumulatively adjusted) for the budget year and each outyear to reflect changes in concepts and definitions. Such changes shall equal the baseline levels of new budget authority and outlays using up-to-date concepts and definitions minus those levels using the concepts and definitions in effect before such changes. Such changes may only be made after consultation with the Committees on Appropriations and the Budget of the House of Representatives and the Senate and that consultation shall include written communication to such committees that affords such committees the opportunity to comment before official action is taken with respect to such changes. CommentsClose CommentsPermalink




‘(2) SEQUESTRATION REPORTS- When OMB submits a sequestration report under section 552(b254(e), (f), or (g) for a fiscal year, OMB shall calculate, and the sequestration report and subsequent budgets submitted by the President undersection 1105(a) of title 5, United States Code, increased during fiscal 31, United States Code, shall include adjustments to discretionary spending limits (and those limits as adjusted) for the fiscal year and each succeeding year, as follows: CommentsClose CommentsPermalink





‘(A) EMERGENCY APPROPRIATIONS; OVERSEAS CONTINGENCY OPERATIONS/GLOBAL WAR ON TERRORISM- If, for any fiscal year, appropriations for discretionary accounts are enacted that-- CommentsClose CommentsPermalink





‘(i) the President designates as emergency requirements and that the Congress so designates in statute on an account by account basis; or CommentsClose CommentsPermalink





‘(ii) the President designates for Overseas Contingency Operations/Global War on Terrorism and that the Congress so designates in statute on an account by account basis; CommentsClose CommentsPermalink





the adjustment shall be the total of such appropriations in discretionary accounts designated as emergency requirements or for Overseas Contingency Operations/Global War on Terrorism, as applicable, and the outlays flowing in all fiscal years from such appropriations. CommentsClose CommentsPermalink





‘(B) CONTINUING DISABILITY REVIEWS AND REDETERMINATIONS- (i) If a bill or joint resolution making appropriations for a fiscal year is enacted that specifies an amount for continuing disability reviews under titles II and XVI of the Social Security Act and for the cost associated with conducting redeterminations of eligibility under title XVI of the Social Security Act, then the adjustments for that fiscal year shall be the additional new budget authority provided in that Act for such expenses for that fiscal year and the additional outlays flowing therefrom, but shall not exceed-- CommentsClose CommentsPermalink





‘(I) for fiscal year 2012, $623,000,000 in additional new budget authority; CommentsClose CommentsPermalink





‘(II) for fiscal year 2009;(B) the reasons for any increase13, $751,000,000 in additional new budget authority; CommentsClose CommentsPermalink





‘(III) for fiscal year 2014, $924,000,000 in additional new budget authority; CommentsClose CommentsPermalink





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





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





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





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





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





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





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





‘(ii) As used in this subparagraph-- CommentsClose CommentsPermalink





‘(I) the term ‘continuing disability reviews’ means 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; and CommentsClose CommentsPermalink





‘(II) the term ‘additional new budget authority’ means the amount provided for a fiscal year, in excess of $273,000,000, in an appropriation Act and specified to pay for the costs of continuing disability reviews under the heading ‘Limitation on Administrative Expenses’ for the Social Security Administration. CommentsClose CommentsPermalink





‘(C) HEALTH CARE FRAUD AND ABUSE CONTROL- CommentsClose CommentsPermalink





‘(i) If a bill or joint resolution making appropriations for a fiscal year is enacted that specifies an amount for the health care fraud abuse control program at the Department of Health and Human Services (75-8393-0-7-571), then the adjustments for that fiscal year shall be the amount of additional new budget authority provided in that Act for such program for that fiscal year and the additional outlays flowing therefrom, but shall not exceed-- CommentsClose CommentsPermalink





‘(I) for fiscal year 2012, $270,000,000 in additional new budget authority; CommentsClose CommentsPermalink





‘(II) for fiscal year 2013, $299,000,000 in additional new budget authority; CommentsClose CommentsPermalink





‘(III) for fiscal year 2014, $329,000,000 in additional new budget authority; CommentsClose CommentsPermalink





‘(IV) for fiscal year 2015, $361,000,000 in additional new budget authority; CommentsClose CommentsPermalink





‘(V) for fiscal year 2016, $395,000,000 in additional new budget authority; CommentsClose CommentsPermalink





‘(VI) for fiscal year 2017, $414,000,000 in additional new budget authority; CommentsClose CommentsPermalink





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





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





‘(IX) for fiscal year 2020, $475,000,000 in additional new budget authority; and CommentsClose CommentsPermalink





‘(X) for fiscal year 2021, $496,000,000 in additional new budget authority. CommentsClose CommentsPermalink





‘(ii) As used in this subparagraph, the term ‘additional new budget authority’ means the amount provided for a fiscal year, in excess of $311,000,000, in an appropriation Act and specified to pay for the costs of the health care fraud and abuse control program. CommentsClose CommentsPermalink





The adjustment for outlays shall only be for the outlays flowing from the additional new budget authority and the total outlays adjustments made for any fiscal year shall not exceed the total adjustments made for that fiscal year in new budget authority. CommentsClose CommentsPermalink





‘(c) Discretionary Spending Limit- As used in this part, the term ‘discretionary spending limit’ means-- CommentsClose CommentsPermalink





‘(1) with respect to fiscal year 2012, for total discretionary spending: $1,043,000,000,000, in new budget authority of which new budget authority for function 050 shall be between $535,440,000,000 and $568,560,000,000; CommentsClose CommentsPermalink





‘(2) with respect to fiscal year 2013, for total discretionary spending: $1,047,000,000,000 in new budget authority of which new budget authority for function 050 shall be between $537,440,000,000 and $570,560,000,000; CommentsClose CommentsPermalink





‘(3) with respect to fiscal year 2014, for total discretionary spending: $1,066,000,000,000 in new budget authority; CommentsClose CommentsPermalink





‘(4) with respect to fiscal year 2015, for total discretionary spending: $1,086,000,000,000 in new budget authority; CommentsClose CommentsPermalink





‘(5) with respect to fiscal year 2016, for total discretionary spending: $1,107,000,000,000 in new budget authority; CommentsClose CommentsPermalink





‘(6) with respect to fiscal year 2017, for total discretionary spending: $1,131,000,000,000 in new budget authority; CommentsClose CommentsPermalink





‘(7) with respect to fiscal year 2018, for total discretionary spending: $1,156,000,000,000 in new budget authority; CommentsClose CommentsPermalink





‘(8) with respect to fiscal year 2019, for total discretionary spending: $1,182,000,000,000 in new budget authority; CommentsClose CommentsPermalink





‘(9) with respect to fiscal year 2020, for total discretionary spending: $1,208,000,000,000 in new budget authority; and CommentsClose CommentsPermalink





‘(10) with respect to fiscal year 2021, for total discretionary spending: $1,234,000,000,000 in new budget authority; CommentsClose CommentsPermalink





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

(a) House Consideration- CommentsClose CommentsPermalink





(1) REFERRAL- If the House receives a joint resolution described in section 201 from the Senate, such joint resolution shall be referred to the Committee on the Judiciary. If the committee fails to report the joint resolution within five legislative days, it shall be in order to move that the House discharge the committee from further consideration of the joint resolution. Such a motion shall not be in order after the House has disposed of a motion to discharge the joint resolution. The previous question shall be considered as ordered on the motion to its adoption without intervening motion except twenty minutes of debate equally divided and controlled by the proponent and an opponent. If such a motion is adopted, the House shall proceed immediately to consider the joint resolution in accordance with paragraph (3). A motion to reconsider the vote by which the motion is disposed of shall not be in order. CommentsClose CommentsPermalink





(2) PROCEEDING TO CONSIDERATION- After the joint resolution has been referred to the appropriate calendar or the committee has been discharged (other than by motion) from its consideration, it shall be in order to move to proceed to consider the joint resolution in the House. Such a motion shall not be in order after the House has disposed of a motion to proceed with respect to the joint resolution. The previous question shall be considered as ordered on the motion to its adoption without intervening motion. A motion to reconsider the vote by which the motion is disposed of shall not be in order. CommentsClose CommentsPermalink





(3) CONSIDERATION- The joint resolution shall be considered as read. All points of order against the joint resolution and against its consideration are waived. The previous question shall be considered as ordered on the joint resolution to its passage without intervening motion except two hours of debate equally divided and controlled by the proponent and an opponent and one motion to limit debate on the joint resolution. A motion to reconsider the vote on passage of the joint resolution shall not be in order. CommentsClose CommentsPermalink





(b) Senate Consideration- (1) If the Senate receives a joint resolution described in section 201 from the House of Representatives, such joint resolution shall be referred to the appropriate committee of the Senate. If such committee has not reported the joint resolution at the close of the fifth session day after its receipt by the Senate, such committee shall be automatically discharged from further consideration of the joint resolution and it shall be placed on the calendar. CommentsClose CommentsPermalink





(2) Consideration of the joint resolution and on all debatable motions and appeals in connection therewith, shall be limited to not more than 20 hours, which shall be divided equally between the majority and minority leaders or their designees. A motion further to limit debate is in order and not debatable. An amendment to, or a motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the joint resolution is not in order. Any debatable motion or appeal is debatable for not to exceed 1 hour, to be divided equally between those favoring and those opposing the motion or appeal. All time used for consideration of the joint resolution, including whether the increase was warranted and whether the increase contributed to FOIA processing delays;(C) what efforts were made by Federal agencies to comply with President Obama’s January 21, 2009time used for quorum calls and voting, shall be counted against the total 20 hours of consideration. CommentsClose CommentsPermalink





(3) If the Senate has voted to proceed to a joint resolution, the vote on passage of the joint resolution shall be taken on or before the close of the seventh session day after such joint resolution has been reported or discharged or immediately following the conclusion of consideration of the joint resolution, and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the Senate. CommentsClose CommentsPermalink

‘Sec. 3101A. Presidential Memorandum on Freedom of Information Act Requests and whether those efforts were successful;(D) any recommendations on how the use of exemptions under section 552(b)modification of the debt ceiling

‘(a) In General- CommentsClose CommentsPermalink





‘(1) $900 BILLION- CommentsClose CommentsPermalink





‘(A) CERTIFICATION- If, not later than December 31, 2011, the President submits a written certification to Congress that the President has determined that the debt subject to limit is within $100,000,000,000 of the limit in section 3101(b) and that further borrowing is required to meet existing commitments, the Secretary of the Treasury may exercise authority to borrow an additional $900,000,000,000 subject to the enactment of a joint resolution of disapproval enacted pursuant to this section. Upon submission of such certification, the limit on debt provided in section 3101(b) (referred to in this section as the ‘debt limit’) is increased by $400,000,000,000. CommentsClose CommentsPermalink





‘(B) RESOLUTION OF DISAPPROVAL- Congress may consider a joint resolution of disapproval of the authority under subparagraph (A) as provided in subsections (b) through (f). The joint resolution of disapproval considered under this section shall contain only the language provided in subsection (b)(2). If the time for disapproval has lapsed without enactment of a joint resolution of disapproval under this section, the debt limit is increased by an additional $500,000,000,000. CommentsClose CommentsPermalink





‘(2) ADDITIONAL AMOUNT- CommentsClose CommentsPermalink





‘(A) CERTIFICATION- If, after the debt limit is increased by $900,000,000,000 under paragraph (1), the President submits a written certification to Congress that the President has determined that the debt subject to limit is within $100,000,000,000 of the limit in section 3101(b) and that further borrowing is required to meet existing commitments, the Secretary of the Treasury may exercise authority to borrow an additional amount equal to $1,600,000,000,000 if the amount of deficit reduction achieved pursuant to the enactment of the joint committee bill as set forth pursuant to section 401(b)(3) of the Budget Control Act of 2011 is greater than $1,600,000,000,000 and the Archivist of the United States has submitted to the States for their ratification a proposed amendment to the Constitution of the United States pursuant to a joint resolution entitled ‘Joint resolution proposing a balanced budget amendment to the Constitution of the United States’, subject to the enactment of a joint resolution of disapproval enacted pursuant to this section. CommentsClose CommentsPermalink





‘(B) RESOLUTION OF DISAPPROVAL- Congress may consider a joint resolution of disapproval of the authority under subparagraph (A) as provided in subsections (b) through (f). The joint resolution of disapproval considered under this section shall contain only the language provided in subsection (b)(2). If the time for disapproval has lapsed without enactment of a joint resolution of disapproval under this section, the debt limit is increased by the amount authorized under subparagraph (A). CommentsClose CommentsPermalink





‘(b) Joint Resolution of Disapproval- CommentsClose CommentsPermalink





‘(1) IN GENERAL- Except for the $400,000,000,000 increase in the debt limit provided by subsection (a)(1)(A), the debt limit may not be raised under this section if, within 60 calendar days after the date on which Congress receives a certification described in subsection (a)(1) or within 15 calendar days after Congress receives the certification described in subsection (a)(2) (regardless of whether Congress is in session), there is enacted into law a joint resolution disapproving the President’s exercise of authority with respect to such additional amount. CommentsClose CommentsPermalink





‘(2) CONTENTS OF JOINT RESOLUTION- For the purpose of this section, the term ‘joint resolution’ means only a joint resolution-- CommentsClose CommentsPermalink





‘(A)(i) for the certification described in subsection (a)(1), that is introduced on September 6, 7, 8, or 9, 2011 (or, if the Senate was not in session, the next calendar day on which the Senate is in session); and CommentsClose CommentsPermalink





‘(ii) for the certification described in subsection (a)(2), that is introduced between the date the certification is received and 3 calendar days after that date; CommentsClose CommentsPermalink





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





‘(C) the title of which is only as follows: ‘Joint resolution relating to the disapproval of the President’s exercise of authority to increase the debt limit, as submitted under section 3101A of title 5, United States Code, may be limited; and

(E)(i) whether any disparities in processing, processing times, and completeness of responses to FOIA requestors have occurred based upon political considerations, ideological viewpoints, the identity of the requestors, affiliation with the media, or affiliation with advocacy groups;

(ii)31, United States Code , on XXXXXX’, with the blank containing the date of such submission; and CommentsClose CommentsPermalink




‘(D) the matter after the resolving clause of which is only as follows: ‘That Congress disapproves of the President’s exercise of authority to increase the debt limit, as exercised pursuant to the certification undersection 3101A(a) of title 31, United States Code.’. CommentsClose CommentsPermalink





‘(c) Expedited Consideration in House of Representatives- CommentsClose CommentsPermalink





‘(1) RECONVENING- Upon receipt of a certification described in subsection (a)(2), the Speaker, if the House would otherwise be adjourned, shall notify the Members of the House that, pursuant to this section, the House shall convene not later than the second calendar day after receipt of such certification. CommentsClose CommentsPermalink





‘(2) REPORTING AND DISCHARGE- Any committee of the House of Representatives to which a joint resolution is referred shall report it to the House without amendment not later than 5 calendar days after the date of introduction of a joint resolution described in subsection (a). If a committee fails to report the joint resolution within that period, the committee shall be discharged from further consideration of the joint resolution and the joint resolution shall be referred to the appropriate calendar. CommentsClose CommentsPermalink





‘(3) PROCEEDING TO CONSIDERATION- After each committee authorized to consider a joint resolution reports it to the House or has been discharged from its consideration, it shall be in order, not later than the sixth day after introduction of a joint resolution under subsection (a), to move to proceed to consider the joint resolution in the House. All points of order against the motion are waived. Such a motion shall not be in order after the House has disposed of a motion to proceed on a joint resolution addressing a particular submission. The previous question shall be considered as ordered on the motion to its adoption without intervening motion. The motion shall not be debatable. A motion to reconsider the vote by which the motion is disposed of shall not be in order. CommentsClose CommentsPermalink





‘(4) CONSIDERATION- The joint resolution shall be considered as read. All points of order against the joint resolution and against its consideration are waived. The previous question shall be considered as ordered on the joint resolution to its passage without intervening motion except two hours of debate equally divided and controlled by the proponent and an opponent. A motion to reconsider the vote on passage of the joint resolution shall not be in order. CommentsClose CommentsPermalink





‘(d) Expedited Procedure in Senate- CommentsClose CommentsPermalink





‘(1) RECONVENING- Upon receipt of a certification under subsection (a)(2), if the Senate has adjourned or recessed for more than 2 days, the majority leader of the Senate, after consultation with the minority leader of the Senate, shall notify the Members of the Senate that, pursuant to this section, the Senate shall convene not later than the second calendar day after receipt of such message. CommentsClose CommentsPermalink





‘(2) PLACEMENT ON CALENDAR- Upon introduction in the Senate, the joint resolution shall be immediately placed on the calendar. CommentsClose CommentsPermalink





‘(3) FLOOR CONSIDERATION- CommentsClose CommentsPermalink





‘(A) IN GENERAL- Notwithstanding Rule XXII of the Standing Rules of the Senate, it is in order at any time during the period beginning on the day after the date on which Congress receives a certification under subsection (a) and, for the certification described in subsection (a)(1), ending on September 14, 2011, and for the certification described in subsection (a)(2), on the 6th day after the date on which Congress receives a certification under subsection (a) (even though a previous motion to the same effect has been disagreed to) to move to proceed to the consideration of the joint resolution, and all points of order against the joint resolution (and against consideration of the joint resolution) are waived. The motion to proceed is not debatable. The motion is not subject to a motion to postpone. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the resolution is agreed to, the joint resolution shall remain the unfinished business until disposed of. CommentsClose CommentsPermalink





‘(B) CONSIDERATION- Consideration of the joint resolution, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 10 hours, which shall be divided equally between the majority and minority leaders or their designees. A motion further to limit debate is in order and not debatable. An amendment to, or a motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the joint resolution is not in order. CommentsClose CommentsPermalink





‘(C) VOTE ON PASSAGE- If the Senate has voted to proceed to a joint resolution, the vote on passage of the joint resolution shall occur immediately following the conclusion of consideration of the joint resolution, and a single quorum call at the conclusion of the debate if any disparities have occurred, why such disparities have occurred; and(iii) the extent to which political appointees haverequested in accordance with the rules of the Senate. CommentsClose CommentsPermalink





‘(D) 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 resolution shall be decided without debate. CommentsClose CommentsPermalink





‘(e) Amendment Not in Order- A joint resolution of disapproval considered pursuant to this section shall not be subject to amendment in either the House of Representatives or the Senate. CommentsClose CommentsPermalink





‘(f) Coordination With Action by Other House- CommentsClose CommentsPermalink





‘(1) IN GENERAL- If, before passing the joint resolution, one House receives from the other a joint resolution-- CommentsClose CommentsPermalink





‘(A) the joint resolution of the other House shall not be referred to a committee; and CommentsClose CommentsPermalink





‘(B) the procedure in the receiving House shall be the same as if no joint resolution had been involved in the FOIA process.(e) Report- Not later than 1 year after the date of enactment of this Act, the Commission shall submit a report to Congress andreceived from the other House until the vote on passage, when the joint resolution received from the other House shall supplant the joint resolution of the receiving House. CommentsClose CommentsPermalink





‘(2) TREATMENT OF JOINT RESOLUTION OF OTHER HOUSE- If the Senate fails to introduce or consider a joint resolution under this section, the joint resolution of the House shall be entitled to expedited floor procedures under this section. CommentsClose CommentsPermalink





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





‘(4) CONSIDERATION AFTER PASSAGE- (A) If Congress passes a joint resolution, the period beginning on the date the President is presented with the joint resolution and ending on the date the President containing the results of the study undersigns, allows to become law without his signature, or vetoes and returns the joint resolution (but excluding days when either House is not in session) shall be disregarded in computing the appropriate calendar day period described in subsection (b)(1). CommentsClose CommentsPermalink





‘(B) debate on a veto message in the Senate under this section shall be 1 hour equally divided between the majority and minority leaders or their designees. CommentsClose CommentsPermalink





‘(5) VETO OVERRIDE- If within the appropriate calendar day period described in subsection (b)(1), Congress overrides a veto of the joint resolution with respect to authority exercised pursuant to paragraph (1) or (2) of subsection (a), the limit on debt provided in section 3101(b) shall not be raised, except for the $400,000,000,000 increase in the limit provided by subsection (a)(1)(A). CommentsClose CommentsPermalink





‘(6) SEQUESTER- (A) If within the 60-calendar day period described in subsection (b)(1), Congress overrides a veto of the joint resolution with respect to authority exercised pursuant to paragraph (1) of subsection (a), OMB shall, immediately, sequester pro rata amounts from all discretionary and direct spending accounts as defined in section 250(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 900(c)) (as in effect September 30, 2006) equal to $400,000,000,000. No reduction of payments for net interest (functional category 900) shall be made under any order issued under this paragraph. CommentsClose CommentsPermalink





‘(B) Section 255 of the Balanced Budget and Emergency Deficit Control Act of 1985 shall not apply to this section, which shall include--

(1) a description of the methods identified by the study;

(2) the conclusions and recommendations of the Commission regarding--

(A)except that payments for military personnel accounts (within subfunctional category 051), TRICARE for Life, Medicare (functional category 570), military retirement, Social Security (functional category 650), veterans (functional category 700), and net interest (functional category 900) shall be exempt. CommentsClose CommentsPermalink




‘(g) Rules of House of Representatives and Senate- This subsection and subsections (b), (c), (d), (e), and (f) are enacted by Congress-- CommentsClose CommentsPermalink





‘(1) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such it is deemed a part of the rules of each method identified; and

(B) the charging of fees and granting of waivers of fees; and

(3) recommendations for legislative or administrative actions to implement the conclusions of the Commission.

(f) Staff and Administrative Support ServicesHouse, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a joint resolution, and it supersedes other rules only to the extent that it is inconsistent with such rules; and CommentsClose CommentsPermalink




‘(2) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House.’. CommentsClose CommentsPermalink

(a) Definitions- In this title: CommentsClose CommentsPermalink





(1) JOINT SELECT COMMITTEE- The term ‘joint committee’ means the Joint Select Committee on Deficit Reduction established under subsection (b)(1). CommentsClose CommentsPermalink





(2) JOINT SELECT COMMITTEE BILL- The term ‘joint committee bill’ means a bill consisting of the proposed legislative language of the joint committee recommended under subsection (b)(3)(B) and introduced under section 402(a). CommentsClose CommentsPermalink





(b) Establishment of Joint Select Committee- CommentsClose CommentsPermalink





(1) ESTABLISHMENT- There is established a joint select committee of Congress to be known as the ‘Joint Select Committee on Deficit Reduction’. CommentsClose CommentsPermalink





(2) GOAL- The goal of the joint committee shall be to reduce the deficit by $1,800,000,000,000 or more over the period of fiscal years 2012 to 2021. CommentsClose CommentsPermalink





(3) DUTIES- CommentsClose CommentsPermalink





(A) IN GENERAL- CommentsClose CommentsPermalink





The Archivist of the United States(i) IMPROVING THE SHORT-TERM AND LONG-TERM FISCAL IMBALANCE- The joint committee shall provide to the Commission such staff and administrative support services, including research assistance at the request of the Commission, as necessary for the Commission to perform recommendations and legislative language that will significantly improve the short-term and long-term fiscal imbalance of the Federal Government. CommentsClose CommentsPermalink





(ii) RECOMMENDATIONS OF COMMITTEES- Not later than October 14, 2011, each committee of the House of Representatives and the Senate may transmit to the joint committee its functions efficiently and in accordance with this section.(2) PAYMENT OF EXPENSESrecommendations for changes in law to reduce the deficit consistent with the goal described in subsection (b)(2) for the joint committee’s consideration. CommentsClose CommentsPermalink





(B) REPORT, RECOMMENDATIONS, AND LEGISLATIVE LANGUAGE- CommentsClose CommentsPermalink





(i) IN GENERAL- Not later than November 23, 2011, the joint committee shall vote on-- CommentsClose CommentsPermalink





(I) a report that contains a detailed statement of the findings, conclusions, and recommendations of the joint committee and the CBO estimate required by paragraph (5)(D)(ii); and CommentsClose CommentsPermalink





(II) proposed legislative language to carry out such recommendations as described in subclause (I) which shall include a statement of the deficit reduction achieved by the legislation over the period of fiscal years 2012 to 2021. CommentsClose CommentsPermalink





Any change to the Rules of the House of Representatives or the Standing Rules of the Senate included in the report or legislative language shall be considered to be merely advisory. CommentsClose CommentsPermalink





(ii) APPROVAL OF REPORT AND LEGISLATIVE LANGUAGE- The report of the joint committee and the proposed legislative language described in clause (i) shall require the approval of a majority of the members of the joint committee. CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink





(4) MEMBERSHIP- CommentsClose CommentsPermalink





(A) STAFF SALARIES- IN GENERAL- The joint committee shall be composed of 12 members appointed pursuant to subparagraph (B). CommentsClose CommentsPermalink





(B) DESIGNATION- Members of the joint committee shall be appointed as follows: CommentsClose CommentsPermalink





(i) The majority leader of the Senate shall appoint three members from among Members of the Senate. CommentsClose CommentsPermalink





(ii) The minority leader of the Senate shall appoint three members from among Members of the Senate. CommentsClose CommentsPermalink





(iii) The Speaker of the House of Representatives shall appoint three members from among Members of the House of Representatives. CommentsClose CommentsPermalink





(iv) The Archivist of the United Statminority leader of the House of Representatives shall payappoint three members from among Members of the House of Representatives. CommentsClose CommentsPermalink





(C) CO-CHAIRS- CommentsClose CommentsPermalink





(i) IN GENERAL- There shall be two 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. CommentsClose CommentsPermalink





(ii) STAFF DIRECTOR- The Co-Chairs, acting jointly, shall hire the staff expenses relating to salaries under this subsection from available appropriations in the applicable account for salaries of the National Archives and Records Administrationdirector of the joint committee. CommentsClose CommentsPermalink





(D) DATE- Members of the joint committee shall be appointed not later than 14 calendar days after the date of enactment of this section. CommentsClose CommentsPermalink





(E) PERIOD OF APPOINTMENT- Members shall be appointed for the life of the joint committee. Any vacancy in the joint committee shall not affect its powers, but shall be filled not later than 14 calendar days after the date on which the vacancy occurs in the same manner as the original designation. If a member of the committee leaves Congress, the member is no longer a member of the joint committee and a vacancy shall exist. CommentsClose CommentsPermalink





(5) ADMINISTRATION- CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink





(B) ADMINISTRATIVE SUPPORT SERVICES- Except as provided under subparagraph (A), the Archivist of the United StatesEXPENSES- 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 ofPublic Law 79-304 (15 U.S.C. 1024(d)). CommentsClose CommentsPermalink





(C) QUORUM- Seven members of the joint committee shall pay staff and administrative expenses under this subsection from available appropriations in the operating expenses account of the National Archives and Records Administration.

(3) APPROPRIATIONS REQUESTS- Expenses paid under this subsection shall not form the basis for additional appropriations requests from the National Archives and Records Administration in the future.

(g) Information- To the extent permitted by law, the heads of executive agencies, the Government Accountability Office, and the Congressional Research Service shall provide to the Commission such information as the Commission may requirconstitute a quorum for purposes of voting, meeting, and holding hearings. CommentsClose CommentsPermalink




(D) VOTING- CommentsClose CommentsPermalink





(i) PROXY VOTING- No proxy voting shall be allowed on behalf of the members of the joint committee. CommentsClose CommentsPermalink





(ii) CONGRESSIONAL BUDGET OFFICE ESTIMATES- The Congressional Budget Office shall provide estimates of the legislation (as described in paragraph (3)(B)) in accordance with sections 308(a) and 201(f) of the Congressional Budget Act of 1974 (2 U.S.C. 639(a) and 601(f)) (including estimates of the effect of interest payment on the debt). In addition, the Congressional Budget Office shall provide information on the budgetary effect of the legislation beyond the year 2021. The joint committee may not vote on any version of the report, recommendations, or legislative language unless such estimates are available for consideration by all members of the joint committee at least 48 hours prior to the vote as certified by the Co-Chairs. CommentsClose CommentsPermalink





(E) MEETINGS- CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink





(ii) AGENDA- The Co-Chairs shall provide an agenda to the joint committee members not less than 48 hours in advance of any meeting. CommentsClose CommentsPermalink





(F) HEARINGS- CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink





(ii) HEARING PROCEDURES AND RESPONSIBILITIES OF CO-CHAIRS- CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink





(c) Staff of Joint Committee- CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink





(d) Termination- The joint committee shall terminate on January 13, 2012. CommentsClose CommentsPermalink

(a) Introduction- If approved by the majority required by section 401(b)(3)(B)(ii), the proposed legislative language submitted pursuant to section 401(b)(3)(B)(iv) shall be introduced in the Senate (by request) on the next day on which the Senate is in session by the majority leader of the Senate or by a Member of the Senate designated by the majority leader of the Senate and shall be introduced in the House of Representatives (by request) on the next legislative day by the majority leader of the House or by a Member of the House designated by the majority leader of the House. CommentsClose CommentsPermalink





(b) Consideration in the House of Representatives- CommentsClose CommentsPermalink





(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 functions.(h) Compensation of Members- Members of the Commissionadoption 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. CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink





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





(c) Expedited Procedure in the Senate- CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink





(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 serve without compensation for services performed for the Commission.(i) Travel Expensesremain the unfinished business until disposed of. CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink





(d) Amendment- The joint committee bill shall not be subject to amendment in either the House of Representatives or the Senate. CommentsClose CommentsPermalink





(e) Consideration by the Other House- CommentsClose CommentsPermalink





(1) IN GENERAL- The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the CommissIf, before passing the joint committee bill, one House receives from the other a joint committee bill-- CommentsClose CommentsPermalink





(A) the joint committee bill of the other House shall not be referred to a committee; and CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink





(f) Rules to Coordinate Action With Other House- CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink





(2) PAYMENT OF EXPENSES- The Administrator of General Services shall pay travel expenses under this subsection from available appropriations in the operating expenses account of the General Services AdministrationTREATMENT 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. CommentsClose CommentsPermalink





(3) APPROPRIATIONS REQUESTS- Expenses paid under this subsection shall not form the basis for additional appropriations requests from the National Archives and Records Administration in the future.(j) Transparency- All meetings of the CommissionVETOES- 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. CommentsClose CommentsPermalink





(g) Loss of Privilege- The provisions of this section shall cease to apply to the joint committee bill if-- CommentsClose CommentsPermalink





(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 CommentsClose CommentsPermalink





(2) the joint committee bill does not pass both Houses by December 23, 2011. CommentsClose CommentsPermalink

Funding for the joint committee shall be open to the public, except that a meeting, or any portion of it, may be closed to the public if it concerns matters or information described in chapter 552b(c) ofderived in equal portions from-- CommentsClose CommentsPermalink





(1) the applicable accounts of the House of Representatives; and CommentsClose CommentsPermalink





(2) the contingent fund of the Senate from the appropriations account ‘Miscellaneous Items’, subject to Senate rules and regulations. CommentsClose CommentsPermalink

The provisions of this title 5, United States Code. Interested persons shall be permitted to appear at open meetings and present oral or written statements on the subject matter of the meeting. The Commissionare enacted by Congress-- CommentsClose CommentsPermalink





(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 CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink

Section 455(a) of the Higher Education Act of 1965 (20 U.S.C. 1087e(a)) is amended by adding at the end the following new paragraph: CommentsClose CommentsPermalink





‘(3) TERMINATION OF AUTHORITY TO MAKE INTEREST SUBSIDIZED LOANS TO GRADUATE AND PROFESSIONAL STUDENTS- CommentsClose CommentsPermalink





‘(A) IN GENERAL- Subject to subparagraph (B) and notwithstanding any provision of this part or part B, for any period of instruction beginning on or after July 1, 2012-- CommentsClose CommentsPermalink





‘(i) a graduate or professional student shall not be eligible to receive a Federal Direct Stafford loan under this part; and CommentsClose CommentsPermalink





‘(ii) the maximum annual amount of Federal Direct Unsubsidized Stafford loans such a student may administer oaths or affirmations to any person appearing before the Commission.

(k) Termination- The Commission shall terminate 30 days after the submission of the report under subsection (e).

Passed the Senate May 26, 2011.

Attest:

NANCY ERICKSON,

Secretary.

borrow in any academic year (as defined in section 481(a)(2)) or its equivalent shall be the maximum annual amount for such student determined under section 428H, plus an amount equal to the amount of Federal Direct Stafford loans the student would have received in the absence of this subparagraph. CommentsClose CommentsPermalink




‘(B) EXCEPTION- Subparagraph (A) shall not apply to an individual enrolled in course work specified in paragraph (3)(B) or (4)(B) of section 484(b).’. CommentsClose CommentsPermalink

SEC. 503. TERMINATION OF DIRECT LOAN REPAYMENT INCENTIVES.

Section 455(b)(8) of the Higher Education Act of 1965 (20 U.S.C. 1087e(b)(8)) is amended-- CommentsClose CommentsPermalink





(1) in subparagraph (A)-- CommentsClose CommentsPermalink





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





(B) by inserting ‘with respect to loans for which the first disbursement of principal is made before July 1, 2012,’ after ‘of this part’; CommentsClose CommentsPermalink





(2) in subparagraph (B), by inserting ‘with respect to loans for which the first disbursement of principal is made before July 1, 2012’ after ‘repayment incentives’; and CommentsClose CommentsPermalink





(3) by adding at the end the following new subparagraph: CommentsClose CommentsPermalink





‘(C) NO REPAYMENT INCENTIVES FOR NEW LOANS DISBURSED ON OR AFTER JULY 1, 2012- Notwithstanding any other provision of this part, the Secretary is prohibited from authorizing or providing any repayment incentive not otherwise authorized under this part to encourage on-time repayment of a loan under this part for which the first disbursement of principal is made on or after July 1, 2012, including any reduction in the interest or origination fee rate paid by a borrower of such a loan, except that the Secretary may provide for an interest rate reduction for a borrower who agrees to have payments on such a loan automatically electronically debited from a bank account.’. CommentsClose CommentsPermalink

SEC. 504. INAPPLICABILITY OF TITLE IV NEGOTIATED RULEMAKING AND MASTER CALENDAR EXCEPTION.

Sections 482(c) and 492 of the Higher Education Act of 1965 (20 U.S.C. 1089(c), 1098a) shall not apply to the amendments made by this title, or to any regulations promulgated under those amendments. CommentsClose CommentsPermalink

Attest:CommentsClose CommentsPermalink

Clerk.CommentsClose CommentsPermalink

112th CONGRESSCommentsClose CommentsPermalink

1st SessionCommentsClose CommentsPermalink

S. 627CommentsClose CommentsPermalink

AMENDMENTCommentsClose CommentsPermalink