§295.401 BCA Sec. 401. Establishment of joint select committee.

BCA 2011 (Contents)

Budget Control Act of 2011

Section 401

Title IV—Joint Select Committee on Deficit Reduction
SEC. 401. ESTABLISHMENT OF JOINT SELECT COMMITTEE.

(a) Definitions.—In this title:

(1) Joint committee.—The term “joint committee” means the Joint Select Committee on Deficit Reduction established under subsection (b)(1).

(2) Joint committee bill.—The term “joint committee bill” means a bill consisting of the proposed legislative language of the joint committee recommended under subsection (b)(3)(B) and introduced under section 402(a).

(b) Establishment of Joint Select Committee.—

(1) Establishment.—There is established a joint select committee of Congress to be known as the “Joint Select Committee on Deficit Reduction”.

(2) Goal.—The goal of the joint committee shall be to reduce the deficit by at least $1,500,000,000,000 over the period of fiscal years 2012 to 2021.

(3) Duties.—

(A) In general.—

(i) Improving the short-term and long-term fiscal imbalance.—The joint committee shall provide recommendations and legislative language that will significantly improve the short-term and long-term fiscal imbalance of the Federal Government.

(ii) Recommendations of committees.—Not later than October 14, 2011, each committee of the House of Representatives and the Senate may transmit to the joint committee its recommendations for changes in law to reduce the deficit consistent with the goal described in paragraph (2) for the joint committee’s consideration.

(B) Report, recommendations, and legislative language.—

(i) In general.—Not later than November 23, 2011, the joint committee shall vote on—

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

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

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

(ii) Approval of report and legislative language.—The report of the joint committee and the proposed legislative language described in clause (i) shall require the approval of a majority of the members of the joint committee.

(iii) Additional views.—A member of the joint committee who gives notice of an intention to file supplemental, minority, or additional views at the time of final joint committee vote on the approval of the report and legislative language under clause (ii) shall be entitled to 3 calendar days in which to file such views in writing with the staff director of the joint committee. Such views shall then be included in the joint committee report and printed in the same volume, or part thereof, and their inclusion shall be noted on the cover of the report. In the absence of timely notice, the joint committee report may be printed and transmitted immediately without such views.

(iv) Transmission of report and legislative language.—If the report and legislative language are approved by the joint committee pursuant to clause (ii), then not later than December 2, 2011, the joint committee shall submit the joint committee report and legislative language described in clause (i) to the President, the Vice President, the Speaker of the House of Representatives, and the majority and minority Leaders of each House of Congress.

(v) Report and legislative language to be made public.—Upon the approval or disapproval of the joint committee report and legislative language pursuant to clause (ii), the joint committee shall promptly make the full report and legislative language, and a record of the vote, available to the public.

(4) Membership.—

(A) In general.—The joint committee shall be composed of 12 members appointed pursuant to subparagraph (B).

(B) Appointment.—Members of the joint committee shall be appointed as follows:

(i) The majority leader of the Senate shall appoint three members from among Members of the Senate.[1]

(ii) The minority leader of the Senate shall appoint three members from among Members of the Senate.[2]

(iii) The Speaker of the House of Representatives shall appoint three members from among Members of the House of Representatives.[3]

(iv) The minority leader of the House of Representatives shall appoint three members from among Members of the House of Representatives.[4]

(C) Co-chairs.—

(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.[5] The Speaker of the House of Representatives shall appoint the second Co-Chair from among the members of the joint committee.[6] The Co-Chairs shall be appointed not later than 14 calendar days after the date of enactment of this Act.

(ii) Staff director.—The Co-Chairs, acting jointly, shall hire the staff director of the joint committee.[7]

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

(E) Period of appointment.—Members shall be appointed for the life of the joint committee. Any vacancy in the joint committee shall not affect its powers, but shall be filled not later than 14 calendar days after the date on which the vacancy occurs, in the same manner as the original designation was made. If a member of the joint committee ceases to be a Member of the House of Representatives or the Senate, as the case may be, 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 the rules and regulations of the Senate.

(B) Expenses.—In carrying out its functions, the joint committee is authorized to incur expenses in the same manner and under the same conditions as the Joint Economic Committee is authorized by section 11 of Public Law 79–304 (15 U.S.C. 1024 (d)).

(C) Quorum.—Seven members of the joint committee shall constitute a quorum for purposes of voting, meeting, and holding hearings.

(D) Voting.—

(i) Proxy voting.—No proxy voting shall be allowed on behalf of the members of the joint committee.

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

(E) Meetings.—

(i) Initial meeting.—Not later than 45 calendar days after the date of enactment of this Act, the joint committee shall hold its first meeting.

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

(F) Hearings.—

(i) In general.—The joint committee may, for the purpose of carrying out this section, hold such hearings, sit and act at such times and places, require attendance of witnesses and production of books, papers, and documents, take such testimony, receive such evidence, and administer such oaths as the joint committee considers advisable.

(ii) Hearing procedures and responsibilities of co-chairs.—

(I) Announcement.—The Co-Chairs of the joint committee shall make a public announcement of the date, place, time, and subject matter of any hearing to be conducted, not less than 7 days in advance of such hearing, unless the Co-Chairs 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 before the appearance of the witness, unless the requirement is waived by the Co-Chairs, following their determination that there is good cause for failure to comply with such requirement.

(G) Technical assistance.—Upon written request of the Co-Chairs, a Federal agency shall provide technical assistance to the joint committee in order for the joint committee to carry out its duties.

(c) Staff of Joint Committee.—

(1) In general.—The Co-Chairs of the joint committee may jointly appoint and fix the compensation of staff as they deem necessary, within the guidelines for employees of the Senate and following all applicable rules and employment requirements of the Senate.

 

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Sec. 302 (BCA) 

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Sec. 402 (BCA)

COUNSEL NOTES

[1] The Majority Leader of the Senate, Senator Harry Read of Nevada, appointed the following Senators: Senator Patty Murray of Washington; Senator Max Baucus of Montana; and Senator John Kerry of Massachusetts.

[2] The Minority Leader of the Senate, Senator Mitch McConnell of Kentucky, appointed the following Senators: Senator John Kyl of Arizona; Senator Rob Portman of Ohio; and Senator Pat Toomey of Pennsylvania.

[3 The Speaker of the House of Representatives, Representative John Boehner of Ohio, appointed the following Members: Representative Jeb Hensarling of Texas; Representative Fred Upton of Michigan; and Representative Dave Camp of Michigan.

[3] The Minority Leader of the House of Representatives, Representative Nancy Pelosi of California, appointed the following Members: Representative Xavier Becerra of California; Representative Jim Clyburn of South California; and Representative Chris Van Hollen of Maryland.

[4] The Majority Leader of the Senate, Senator Harry Reid of Nevada, appointed Senator Patty Murray of Washington, as Co-Chair of the Select Committee on Deficit Reduction.

[5] The Speaker of the House of Representatives, Representative John Boehner of Ohio, appointed Representative Jeb Hensarling (TX), as Co-Chair of the Select Committee on Deficit Reduction.

[6] On September 2, 2011, Mark Prater, Deputy Staff Director and Chief Counsel of the Republican Staff of the Senate Finance Committee was appointed as Staff Director for the Select Committee. On September 6, 2011 Sarah Kuehl, a Senior Budget Analyst on the Democratic Staff of the Senate Budget Committee was appointed as Deputy Staff Director.

[7] The Joint Select Committee on Deficit Reduction, established by the Budget Control Act of 2011, ended on January 31, 2012 without having made any recommendations as to deficit reduction for purposes of calculating sequestration for the purpose of calculating the deficit reduction budget goal under section 251A(3) of the Balanced Budget and Emergency Deficit Control Act of 1985.

This section was set forth by the Budget Control Act of 2011, Pub. L. 112–25, 125 Stat. 240, Aug. 2, 2011, S. 365.

Classification to the U.S. Code

This section is not separately classified to the U.S. Code.  It is, however, set forth as a note in 2. U.S.C. 900 under “Joint Select Committee on Deficit Reduction.”

References
Legislative History Notes
Public Laws

Pub. L. 112–25, §306, 125 Stat. 259. (Budget Control Act of 2011)

Statutes at Large: Pub. L. 112–25, 125 Stat. 240, August. 2, 2011.

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Sec. 302 (BCA) 

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Sec. 402 (BCA)
[BCD § 295]