[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

                               ----------                              

                            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

                              ----------                              




    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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