[Senate Prints 117-16]
[From the U.S. Government Publishing Office]
_______________________________________________________________________
117th Congress S. Prt.
COMMITTEE PRINT
1st Session 117-16
_______________________________________________________________________
CONCURRENT RESOLUTION
ON THE BUDGET
FISCAL YEAR 2022
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COMMITTEE PRINT
TO ACCOMPANY
S. CON. RES. 14
COMMITTEE ON THE BUDGET
UNITED STATES SENATE
Bernard Sanders, Chairman
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
August 2021
Prepared for the use of the Committee on the Budget. This document has
not been officially approved by the Committee and may not reflect the
views of its members.
CONCURRENT RESOLUTION ON THE BUDGET FISCAL YEAR 2022
_______________________________________________________________________
117th Congress S. Prt.
COMMITTEE PRINT
1st Session 117-16
_______________________________________________________________________
CONCURRENT RESOLUTION
ON THE BUDGET
FISCAL YEAR 2022
__________
COMMITTEE PRINT
TO ACCOMPANY
S. CON. RES. 14
COMMITTEE ON THE BUDGET
UNITED STATES SENATE
Bernard Sanders, Chairman
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
August 2021
Prepared for the use of the Committee on the Budget. This document has
not been officially approved by the Committee and may not reflect the
views of its members.
__________
U.S. GOVERNMENT PUBLISHING OFFICE
45-298 WASHINGTON : 2021
COMMITTEE ON THE BUDGET
BERNARD SANDERS, Vermont, Chairman
PATTY MURRAY, Washington LINDSEY O. GRAHAM, South Carolina
RON WYDEN, Oregon CHARLES E. GRASSLEY, Iowa
DEBBIE STABENOW, Michigan MIKE CRAPO, Idaho
SHELDON WHITEHOUSE, Rhode Island PATRICK TOOMEY, Pennsylvania
MARK R. WARNER, Virginia RON JOHNSON, Wisconsin
JEFF MERKLEY, Oregon MIKE BRAUN, Indiana
TIM KAINE, Virginia RICK SCOTT, Florida
CHRIS VAN HOLLEN, Maryland BEN SASSE, Nebraska
BEN RAY LUJAN, New Mexico MITT ROMNEY, Utah
ALEX PADILLA, California JOHN KENNEDY, Louisiana
KEVIN CRAMER, North Dakota
Warren Gunnels, Majority Staff Director
Nick Myers, Republican Staff Director
Katie Smith, Chief Clerk
C O N T E N T S
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Page
I. Overview...................................................... 1
II. Legislative Text............................................. 10
III. Summary Tables.............................................. 103
IV. Views and Estimates.......................................... 115
OVERVIEW
OVERVIEW OF THE FISCAL YEAR 2022 BUDGET RESOLUTION
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On July 13th, 2021, the Senate Budget Committee, with the
support of Leader Schumer and President Biden, announced a
framework agreement of $3.5 trillion in FY2022 Budget
Reconciliation instructions to enact the Build Back Better
agenda. The agreement calls for the $3.5 trillion in long-term
investments to be fully offset by a combination of new tax
revenues, health care savings, and long-term economic growth.
In addition, the agreement would prohibit new taxes on families
making less than $400,000 per year, and on small businesses and
family farms.
The Budget Committee's objective was to provide
instructions that allow every major program proposed by
President Biden to receive robust funding. The recommendations
below should allow the proper flexibility for the Committees to
make policy decisions based on Congressional Budget Office
(CBO) and Joint Committee on Taxation (JCT) scores and other
inputs from Committee members.
The Budget Resolution will allow the Senate to make the
most significant investment in tackling the climate crisis in
US history, and put America on a path to meet President Biden's
climate change goals of 80 percent clean electricity and 50
percent economy-wide carbon emissions reductions by 2030.
The Chairs of the Committees are actively working to
develop the specific policy proposals that would be enacted in
the Reconciliation bill. If Senators or their staffs would like
additional details on the programs, they can receive a briefing
from the Committee Chairs and their staffs.
Please note: the list of items below is not final and not
exclusive. This document is meant to provide a detailed
understanding to Senators of what the resolution is designed to
fund and it may be modified over the course of the bill
drafting process and scoring process.
I. RECONCILIATION INSTRUCTIONS
Committee on Agriculture, Nutrition, and Forestry
The Agriculture Committee receives an instruction of $135
billion.
Agriculture conservation, drought, and forestry
programs to help reduce carbon emissions and prevent
wildfires
Rural development and rural co-op clean energy
investments
Agricultural climate research and research
infrastructure
Civilian Climate Corps funding
Child nutrition
Debt relief
Committee on Banking, Housing, and Urban Affairs
The Banking Committee receives an instruction of $332 billion.
Creation and preservation of affordable housing by
making historic investments in programs like the
Housing Trust Fund, HOME, the Capital Magnet Fund, and
rural housing
Improve housing affordability and equity by
providing down payment assistance, rental assistance,
and other homeownership initiatives
Community investment, development and revitalization
through initiatives like Community Land Trusts,
investments in CDBG, zoning, land use, and transit
improvements and creating healthy and sustainable
housing
Public Housing Capital Investments and
Sustainability
Committee on Commerce, Science, and Technology
The Commerce Committee receives an instruction of $83 billion.
Investments in technology, transportation, and more
Research, manufacturing, and economic development
Coastal resiliency, healthy oceans investments,
including the National Oceans and Coastal Security Fund
National Science Foundation research and technology
directorate
Committee on Energy and Natural Resources
The Energy Committee receives an instruction of $198 billion.
Clean Electricity Payment Program
Consumer rebates to weatherize and electrify homes
Financing for domestic manufacturing of clean energy
and auto supply chain technologies
Federal procurement of energy efficient materials
Climate research
Research infrastructure for DOE National Labs
Hard Rock mining
Department of Interior programs
Committee on Environment and Public Works
The Environment and Public Works Committee receives an
instruction of $67 billion.
Clean Energy Technology Accelerator that would fund
low-income solar and other climate-friendly
technologies
Environmental justice investments in clean water
affordability and access, healthy ports and climate
equity
EPA climate and research programs
Federal investments in energy efficient buildings
and green materials
Appalachian Regional Commission and Economic
Development Administration economic development and
transition programs
Investments in clean vehicles
Methane polluter fee to reduce carbon emissions
Committee on Finance
The Finance Committee will receive an instruction that requires
at least $1 billion in deficit reduction. This will provide the
Committee with flexibility to make investment, revenue and
offset decisions consistent with the policy recommendations.
Please see Section II of this memo for more information about
this instruction.
Investments
Paid Family and Medical Leave
ACA expansion extension and filling the Medicaid
Coverage Gap
Expanding Medicare to include dental, vision,
hearing benefits and lowering the eligibility age
Addressing health care provider shortages (Graduate
Medical Education)
Child Tax Credit/EITC/CDCTC extension
Long-term care for seniors and persons with
disabilities (HCBS)
Clean energy, manufacturing, and transportation tax
incentives
Pro-worker incentives and worker support
Health equity (maternal, behavioral, and racial
justice health investments)
Housing incentives
SALT cap relief
Other investments within the jurisdiction of the
Finance Committee
Offsets
Corporate and international tax reform
Tax fairness for high-income individuals
IRS tax enforcement
Health care savings
Carbon Polluter Import Fee
Committee on Health, Education, Labor, and Pensions
The HELP Committee receives an instruction of $726 billion.
Universal Pre-K for 3 and 4-year olds
Child care for working families
Tuition-free community college
Investments in HBCUs, MSIs, HSIs, TCUs, and ANNHIs
Increase the maximum Pell grant award
School infrastructure, student success grants, and
educator investments
Investments in primary care, including Community
Health Centers, the National Health Service Corps, the
Nurse Corps, and Teaching Health Center Graduate
Medical Education
Health equity (maternal, behavioral, and racial
equity health investments)
Pandemic preparedness
Workforce development and job training
Labor enforcement and penalties
Civilian Climate Corps funding
Research infrastructure, including for HBCUs, MSIs,
HSIs, TCUs, and ANNHIs
Committee on Homeland Security and Governmental Affairs
The HSGAC Committee receives an instruction of $37 billion.
Electrifying the federal vehicle fleet (USPS and
Non-USPS)
Electrifying and rehabilitating federal buildings
Improving our cybersecurity infrastructure
Border management investments
Federal investments in green materials procurement
Resilience
Committee on the Judiciary
The Judiciary Committee receives an instruction of $107
billion.
Lawful permanent status for qualified immigrants
Investments in smart and effective border security
measures
Community Violence Intervention Initiative
Committee on Indian Affairs
The Indian Affairs Committee receives an instruction of $20.5
billion.
Native health programs and facilities
Native education programs and facilities
Native American housing programs
Native energy programs
Native resilience and climate programs
BIA programs and facilities
Native language programs
Native Civilian Climate Corps
Committee on Small Business and Entrepreneurship
The Small Business Committee receives an instruction of $25
billion.
Small business access to credit, investment, and
markets
Committee on Veterans Affairs
The Veterans Affairs Committee receives an instruction of $18
billion.
Upgrades to VA facilities
II. BACKGROUND - FINANCE COMMITTEE INSTRUCTION
The FY 2022 budget resolution will provide the Finance
Committee with an instruction that allows for:
$1.8 trillion in investments for working families,
the elderly and the environment;
A historic tax cut for Americans making less than
$400,000 a year;
Ensuring that the wealthy and large corporations pay
their fair share of taxes; and
Hundreds of billions in additional savings by
lowering the price of prescription drugs.
In order to give the Senate Finance Committee the
flexibility it needs to accomplish these goals, the text of the
Budget Resolution will provide the Finance Committee with an
instruction to reduce the deficit by a nominal amount of $1
billion over ten years.
There is ample precedent over the past fifteen years for
using a nominal reconciliation instruction as a mechanism to
allow a committee to bring forth legislation with larger
budgetary implications than such an instruction suggests.
Republicans used a nominal instruction amount to both the
Finance and the Health, Education, Labor, and Pension (HELP)
Committees to move forward with their efforts to repeal the
Affordable Care Act in 2015 and 2017. The instruction to each
committee in each case was to reduce the deficit by $1 billion.
Yet, those efforts had much larger implications. According to
CBO, the 2015 bill, H.R. 3762, would have reduced outlays by
$1.4 trillion and revenues by $1.1 trillion over ten years.
In addition, Democrats used nominal reconciliation
instructions in 2010 and 2007 to achieve important changes to
health care and education programs. The 2010 example, the
Health Care and Education Reconciliation Act (HCERA) included a
nominal instruction of $1 billion in deficit reduction to both
the Senate Finance and HELP Committees. According to CBO, That
bill impacted hundreds of billions of dollars in meeting those
targets. Finally, in 2007, Democrats used reconciliation to
pass the College Cost Reduction Act. According to CBO, the HELP
Committee met its instruction by investing approximately $20
billion in education investments with offsets over the
reconciled time period.
The framework includes a mix of policies within the
jurisdiction of the Finance Committee that both increase and
decrease outlays and increase and decrease revenues. In other
words, the Finance Committee's reconciliation product will both
provide substantial portions of the investments contemplated by
the $3.5 trillion package but also nearly all of the stated
offsets.
It is not possible to draft and score all of the expected
policies prior to consideration of the budget resolution. Given
that we will not have budgetary certainty for all of the
expected policies prior to locking in the reconciliation
instruction to the Finance Committee, the Budget Resolution
will not require a specific level of revenue, outlay, or
deficit amount in its reconciliation instruction.
It should be noted that the $3.5 trillion framework
agreement total represents the level of new investments, but
does not represent the net budgetary impact of the expected
reconciliation bill because the reconciliation bill will also
include substantial offsets.
III. SECTION BY SECTION SUMMARY OF THE RESOLUTION
Section 1. Concurrent Resolution on the Budget for Fiscal Year
2022. This section declares that this resolution is the
concurrent resolution for fiscal year 2022 and sets forth
budgetary levels for the fiscal years 2023 through 2031. This
section also displays the table of contents of the resolution.
Section 1101. Recommended Levels and Amounts. This section sets
the budgetary levels for fiscal years 2022 through 2031. These
budgetary levels include total federal revenues, new budget
authority, budget outlays, deficits, public debt (debt that is
subject to a statutory limit), and debt held by the public. The
budget resolution assumes discretionary levels as proposed in
President Biden's budget request and passage of policies in the
envisioned reconciliation bill.
Section 1102. Major Functional Categories. This section breaks
down the levels of new budget authority and outlays for fiscal
years 2022 through 2031 by each of the 20 major functional
categories, based on allocations of the total levels set in
section 1101.
Section 1201. Social Security in the Senate. This section
provides the amounts of Social Security revenues and outlays.
The Congressional Budget Act of 1974 requires this. Further,
there is a separate display of discretionary administrative
expenses for the Social Security Administration, enabling these
amounts to count towards the Appropriations Committee's 302(a)
allocation.
Section 1202. Postal Service Discretionary Administrative
Expenses in the Senate. This section provides a display of
discretionary administrative expenses for the United States
Postal Service, enabling these amounts to count towards the
Appropriations Committee's 302(a) allocation.
Section 2001. Reconciliation in the Senate. This section
provides reconciliation instructions to 11 committees to submit
changes in laws within their jurisdictions that will increase
the deficit over the period of fiscal years 2022 through 2031
by no more than the specified amounts for each committee. In
addition, the Committee on Finance is instructed to submit
changes in laws within its jurisdiction to reduce the deficit
by at least $1 billion over that same time period. These
instructions are designed to give committees flexibility while
still meeting the agreed-upon top-line level of $3.5 trillion
in investments over 10 years. The section also requires
committees given reconciliation instructions to submit
legislation to the Committee on the Budget by September 15 to
carry out this section, though this date is not binding.
Section 2002. Reconciliation in the House of Representatives.
This section provides reconciliation instructions to 12
committees to submit changes in laws within their jurisdictions
that will increase the deficit over the period of fiscal years
2022 through 2031 by no more than the specified amounts for
each committee. In addition, the Committee on Ways and Means is
instructed to submit changes in laws within its jurisdiction to
reduce the deficit by at least $1 billion over that same time
period. These instructions are designed to give committees
flexibility while still meeting the agreed-upon top-line level
of $3.5 trillion in investments over 10 years. The section also
requires committees given reconciliation instructions to submit
legislation to the Committee on the Budget by September 15 to
carry out this section, though this date is not binding.
Section 3001. Reserve Fund for Legislation that Won't Raise
Taxes on People Making Less than $400,000 in the Senate. This
section enables the Chairman of the Senate Budget Committee to
revise committee allocations and other budgetary levels to
accommodate tax legislation that does not raise taxes on people
making less than $400,000 per year.
Section 3002. Reserve Fund for Reconciliation Legislation. This
section provides a reserve fund for reconciliation legislation
enabling the Chairs of the House and Senate Budget Committees
to revise committee allocations and other budgetary levels to
accommodate that legislation, provided that it complies with
reconciliation instructions under this concurrent resolution.
This section also exempts reconciliation legislation from
certain points of order.
Section 3003. Reserve Fund. This section enables the Chairs of
the House and Senate Budget Committees to revise committee
allocations and other budgetary levels to accommodate
legislation, provided that such legislation would not increase
the deficit over the stated period of years.
Section 4001. Emergency Legislation. This section updates the
provision on emergency provisions last adopted in the fiscal
year 2018 budget resolution. The section permits the Chairs of
the House and Senate Budget Committees to adjust allocations,
aggregates, and levels included in this resolution for
emergency legislation. In addition, this section defines what
constitutes an emergency. This section discontinues a 60-vote
point of order against emergency designations in the Senate.
Section 4002. Point of Order against Advance Appropriations in
the Senate. This section reinstates a longstanding 60-vote
point of order against advance appropriations, with exemptions
for certain accounts. Newly added to the list of exempt
accounts is the Indian Health Service.
Section 4003. Point of Order against Advance Appropriations in
the House of Representatives. This section reinstates a
longstanding rule against advance appropriations, with
exemptions for certain accounts.
Section 4004. Program Integrity Initiatives and Other
Adjustments in the Senate. This section permits the Chairman of
the Senate Budget Committee to adjust committee allocations,
budgetary aggregates, and allocations for specified purposes.
Further, if such adjustments are made, the Senate
Appropriations Committee may report appropriately revised
suballocations. As such, discretionary funding for these
purposes may be made over and above the allocation to the
Appropriations Committee, if it meets the requirements of this
section. Those purposes are: 1) continuing disability reviews
and redeterminations, 2) Internal Revenue Service enforcement,
3) health care fraud and abuse control, 4) reemployment
services and eligibility assessments, 5) wildfire suppression,
6) disaster relief, and 7) veterans' medical care.
Section 4005. Program Integrity Initiatives and Other
Adjustments in the House of Representatives. This section
permits the Chair of the House Budget Committee to adjust
committee allocations, budgetary aggregates, and allocations
for specified purposes. As such, discretionary funding for
these purposes may be made over and above the allocation to the
Appropriations Committee, if it meets the requirements of this
section. Those purposes are: 1) continuing disability reviews
and redeterminations, 2) Internal Revenue Service enforcement,
3) health care fraud and abuse control, 4) reemployment
services and eligibility assessments, 5) wildfire suppression,
6) disaster relief, and 7) veterans' medical care.
Section 4006. Enforcement Filing. This section provides for the
procedures for filing committee allocations in the House and
the Senate in the event a concurrent resolution is adopted
without the appointment of a conference committee and the
filing of a joint explanatory statement accompanying a
conference report. In such a circumstance, the Chairs of both
the House and Senate Budget Committees shall submit a statement
for publication in the Congressional Record establishing
committee allocations.
Section 4007. Application and Effect of Changes in Allocations,
Aggregates, and Other Budgetary Levels. This section
establishes the timing of when any adjustments of allocations,
aggregates, and other budgetary levels made pursuant to this
resolution take effect and stipulates that any adjustment shall
be published in the Congressional Record as soon as
practicable. It also clarifies that for the purposes of the
resolution budgetary levels are determined on the basis of
estimates made by the Chair of the Committee on the Budget of
the applicable House of Congress.
Section 4008. Adjustments to Reflect Changes in Concepts and
Definitions. This section gives the Chairs of the House and
Senate Budget Committees the authority to adjust budgetary
levels in the concurrent resolution for any changes in
budgetary concepts and definitions consistent with the Balanced
Budget and Emergency Deficit Control Act of 1985.
Section 4009. Adjustment for Bipartisan Infrastructure
Legislation in the Senate. This section gives the Chairman of
the Senate Budget Committee the authority to adjust budgetary
levels in the concurrent resolution upon enactment of an
infrastructure package, such as the Infrastructure Investment
and Jobs Act. This section also states that for such
legislation the cost estimate shall be determined on the basis
of estimates made by the Chairman of the Senate Budget
Committee.
Section 4010. Adjustment for Infrastructure Legislation in the
House of Representatives. This section gives the Chair of the
House Budget Committee the authority to adjust budgetary levels
in the concurrent resolution upon enactment of infrastructure
legislation, such as legislation implementing the INVEST in
America Act or a bipartisan infrastructure agreement.
Section 4011. Applicability of Adjustments to Discretionary
Spending Limits. This section clarifies that, unless expressly
provided in the budget resolution, the Balanced Budget and
Emergency Deficit Control Act shall not effectuate adjustments
to the budgetary levels described in Sec. 1101.
Section 4012. Budgetary Treatment of Administrative Expenses.
This section states that the House and Senate Appropriations
Committees will continue to appropriate discretionary
administrative expenses of the Social Security Administration
and the United States Postal Service. These amounts will count
towards the Appropriations Committees' 302(a) allocation.
Section 4013. Appropriate Budgetary Adjustments in the House of
Representatives. This section gives the Chair of the House
Budget Committee the authority to adjust budgetary levels in
accordance with the provisions of this budget resolution.
Section 4014. Adjustment for Changes in the Baseline in the
House of Representatives. This section gives the Chair of the
House Budget Committee the authority to adjust budgetary levels
to reflect changes resulting from the Congressional Budget
Office's updates to its baseline for fiscal years 2022 through
2031.
Section 4015. Scoring Rule in the Senate for Child Care and
Pre-Kindergarten Legislation. This section states that for the
purposes of estimating the costs of the direct spending of any
child care or pre-kindergarten legislation, the Congressional
Budget Office shall assume funding for programs under the Head
Start Act will continue at baseline levels.
Sec. 4016. Exercise of Rulemaking Powers. This section
instructs that in each of the House and Senate the provisions
in this title shall be considered as part of the rules of each
House or of that House to which they specifically apply.
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SUMMARY TABLES
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Page
1. Fiscal Year 2022 Budget Resolution, as Introduced, Total
Spending and Revenues.......................................... 104
2. Fiscal Year 2022 Budget Resolution, as Introduced, Spending by
Function, Discretionary........................................ 106
3. Fiscal Year 2022 Budget Resolution, as Introduced, Spending by
Function, Mandatory............................................ 108
4. Allocation of Spending Authority to Senate Committee on
Appropriations for Fiscal Year 2022............................ 110
5. Allocation of Spending Authority to Senate Committees Other
Than Appropriations............................................ 111
6. Fiscal Year 2022 Budget Resolution, as Introduced, Budget
Aggregates..................................................... 112
7. Pay-As-You-Go Scorecard for the Senate........................ 113
8. Accounts Identified for Advanced Appropriations in the Senate. 114
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VIEWS AND ESTIMATES
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The Views and Estimates for fiscal year 2022 received from
the various committees follow:
Page
Agriculture, Nutrition, and Forestry............................. 116
Appropriations................................................... 119
Armed Services................................................... 125
Banking, Housing, and Urban Affairs.............................. 129
Commerce, Science, and Transportation............................ 150
Energy and Natural Resources..................................... 188
Environment and Public Works..................................... 192
Finance.......................................................... 202
Foreign Relations................................................ 218
Health, Education, Labor, and Pensions........................... 226
Indian Affairs................................................... 240
Intelligence..................................................... 258
Judiciary........................................................ 259
Rules and Administration......................................... 275
Small Business and Entrepreneurship.............................. 277
Veterans' Affairs................................................ 289
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