Congressional Record — Senate, S6316 (August 10, 2021)
Summary
Page S6316 of the Senate section of the Congressional Record for August 10, 2021, carrying budget resolution amendment text for S. Con. Res. 14, in interleaved columns. The sections include points of order against legislation providing funding, a requirement that waivers or appeals be decided by an affirmative vote of five-eighths of the Members, and a bar on preemptive waivers unless a point of order has been specifically raised by a Senator. Another provision sets adjustments for legislation reducing appropriations, and a reserve fund addresses protecting private property rights and voluntary conservation efforts related to section 216 of Executive Order 14008 and the Clean Air Act.
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“Congressional Record — Senate, S6316 (August 10, 2021).”
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S6316 CONGRESSIONAL RECORD — SENATE August 10, 2021
to be more than, or would cause the amount (1)(B) as a supplement to the estimate for SEC. 4008. PROHIBITION ON PREEMPTIVE WAIV-
of revenues to be less than, the amount set the covered bill or joint resolution to which ERS.
forth under any allocation, aggregate, or the information pertains submitted by the In the Senate, it shall not be in order to
other level established under this resolution. Director under section 402 of the Congres- move to waive or suspend a point of order
(b) WAIVER AND APPEAL.—Subsection (a) sional Budget Act of 1974 (2 U.S.C. 653). under the Congressional Budget Act of 1974 (2
may be waived or suspended in the Senate (c) ESTIMATE BY DIRECTOR.—If the Comp- U.S.C. 621 et seq.) or any concurrent resolu-
only by an affirmative vote of five-eighths of troller General of the United States has not tion on the budget with respect to a bill,
the Members, duly chosen and sworn. An af- submitted to the Director the information joint resolution, motion, amendment,
firmative vote of five-eighths of the Mem- for a covered bill or joint resolution under amendment between the Houses, or con-
bers of the Senate, duly chosen and sworn, subsection (b)(1)(B) on the date on which the ference report unless the point of order has
shall be required to sustain an appeal of the Director submits the estimate for the cov- been specifically raised by a Senator.
ruling of the Chair on a point of order raised ered bill or joint resolution to which the in- SEC. 4009. ADJUSTMENTS FOR LEGISLATION RE-
under subsection (a). formation pertains under section 402 of the DUCING APPROPRIATIONS.
SEC. 4004. POINT OF ORDER AGAINST LEGISLA- Congressional Budget Act of 1974 (2 U.S.C. The Chairman of the Committee on the
TION PROVIDING FUNDING WITHIN 653), the Director may, on the date on which Budget of the Senate may revise the alloca-
MORE THAN 3 SUBALLOCATIONS the Comptroller General submits the infor- tions in effect under section 302(a) of the
UNDER SECTION 302(b). mation to the Director, prepare and submit Congressional Budget Act of 1974 (2 U.S.C.
(a) POINT OF ORDER.—It shall not be in to each applicable committee the informa- 633(a)) and the allocations of a committee or
order in the Senate to consider any bill, tion as a supplement to the estimate for the committees, aggregates, and other appro-
joint resolution, motion, amendment, covered bill or joint resolution. priate levels in this resolution for any bill or
amendment between the Houses, or con- SEC. 4006. BREAKDOWN OF COST ESTIMATES BY joint resolution considered pursuant to sec-
ference report that appropriates amounts BUDGET FUNCTION. tion 2001 containing the recommendations of
that are within more than 3 of the suballoca- Any cost estimate prepared by the Con- one or more committees, or for one or more
tions under section 302(b) of the Congres- gressional Budget Office shall specify the amendments to, a conference report on, or
sional Budget Act of 1974 (2 U.S.C. 633(b)). percentage of the estimated cost that is an amendment between the Houses in rela-
(b) WAIVER AND APPEAL.—Subsection (a) within each budget function. tion to such a bill or joint resolution, by the
may be waived or suspended in the Senate SEC. 4007. SENSE OF THE SENATE ON TREAT- amounts necessary to accommodate the re-
only by an affirmative vote of five-eighths of MENT OF REDUCTION OF APPRO- duction in the amount of discretionary ap-
the Members, duly chosen and sworn. An af- PRIATIONS LEVELS TO ACHIEVE
propriations for a fiscal year caused by the
firmative vote of five-eighths of the Mem- SAVINGS.
measure.
bers of the Senate, duly chosen and sworn, (a) FINDINGS.—Congress finds the fol-
SEC. 4010. ADJUSTMENTS TO REFLECT LEGISLA-
shall be required to sustain an appeal of the lowing:
TION NOT INCLUDED IN THE BASE-
ruling of the Chair on a point of order raised (1) H. Con. Res. 448 (96th Congress), the LINE.
under subsection (a). concurrent resolution on the budget for fis- The Chairman of the Committee on the
SEC. 4005. DUPLICATION DETERMINATIONS BY cal year 1981, gave authorizing committees Budget of the Senate may make adjustments
THE CONGRESSIONAL BUDGET OF- reconciliation instructions which amounted to the levels and allocations in this resolu-
FICE. to approximately two-thirds of the savings tion to reflect legislation enacted before the
(a) DEFINITION.—In this section— required under reconciliation. date on which this resolution is agreed to by
(1) the term ‘‘covered bill or joint resolu- (2) The language in H. Con. Res. 448 re- Congress that is not incorporated in the
tion’’ means a bill or joint resolution of a sulted in a debate about how reconciling dis- baseline underlying the Congressional Budg-
public character reported by any committee cretionary spending programs could be in et Office’s September 2020 update to the
of Congress (including the Committee on Ap- order given that authorizations of appropria- Budget and Economic Outlook: 2020 to 2030.
propriations and the Committee on the tions for programs did not actually change
SEC. 4011. AUTHORITY.
Budget of either House); spending and the programs authorized would
Congress adopts this title under the au-
(2) the term ‘‘Director’’ means the Director be funded through later annual appropria-
thority under section 301(b)(4) of the Con-
of the Congressional Budget Office; tion. The staff of the Committee on the
gressional Budget Act of 1974 (2 U.S.C.
(3) the term ‘‘existing duplicative or over- Budget of the Senate and the counsel to the
632(b)(4)).
lapping feature’’ means an element of the Majority Leader advised that upon consulta-
Federal Government previously identified as SEC. 4012. EXERCISE OF RULEMAKING POWERS.
tion with the Parliamentarian, the original
an area of duplication, overlap, or frag- instructions on discretionary spending would Congress adopts the provisions of this
mentation in a GAO duplication and overlap be out of order because of the phrase, ‘‘to title—
report; modify programs’’. This was seen as too (1) as an exercise of the rulemaking power
(4) the term ‘‘GAO duplication and overlap broad and programs could be modified with- of the Senate, and as such they shall be con-
report’’ means each annual report prepared out resulting in changes to their future ap- sidered as part of the rules of the Senate and
by the Comptroller General under section 21 propriations. such rules shall supersede other rules only to
of Public Law 111–139 (31 U.S.C. 712 note); and (3) To rectify this violation, the Com- the extent that they are inconsistent with
(5) the term ‘‘new duplicative or overlap- mittee on the Budget of the Senate reported such other rules; and
ping feature’’ means a new Federal program, S. Con. Res. 9 (97th Congress), revising the (2) with full recognition of the constitu-
office, or initiative created under a covered congressional budget for the United States tional right of the Senate to change those
bill or joint resolution that would duplicate Government for fiscal years 1981, 1982, and rules at any time, in the same manner, and
or overlap with an existing duplicative or 1983, to include reconciliation, which revised to the same extent as is the case of any other
overlapping feature. the language in the reconciliation instruc- rule of the Senate.
(b) DUPLICATION DETERMINATIONS.—For ---
tions to change entitlement law and ‘‘to re-
each covered bill or joint resolution— port changes in laws within the jurisdiction SA 3151. Mr. CRAMER submitted an
(1) the Comptroller General of the United of that committee sufficient to reduce appro- amendment intended to be proposed by
States shall, to the extent practicable— priations levels so as to achieve savings’’. him to the concurrent resolution S.
(A) determine the extent to which the cov- (4) This was understood to mean changes in Con. Res. 14, setting forth the congres-
ered bill or joint resolution creates a risk of authorization language of discretionary pro- sional budget for the United States
a new duplicative or overlapping feature and, grams would be permissible under reconcili- Government for fiscal year 2022 and
if the risk so warrants, identify— ation procedures provided such changes in setting forth the appropriate budgetary
(i) the name of the new Federal program, law would have the result in affecting a
office, or initiative; change in later outlays derived from future
levels for fiscal years 2023 through 2031;
(ii) the section of the covered bill or joint appropriations. Further it was understood which was ordered to lie on the table;
resolution at which the new duplicative or that a change in authorization language that as follows:
overlapping feature is established; and caused a change in later outlays was consid- At the end of title III, add the following:
(iii) the GAO duplication and overlap re- ered to be a change in outlays for the pur- SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND
port in which the existing duplicative or pose of reconciliation. RELATING TO THE STATE AND
overlapping feature is identified; and (5) On April 2, 1981, the Senate voted 88 to LOCAL FISCAL RECOVERY FUNDS.
(B) submit the information described in 10 to approve S. Con. Res. 9 with the modi- The Chairman of the Committee on the
subparagraph (A) to the Director and the fied reconciliation language. Budget of the Senate may revise the alloca-
committee that reported the covered bill or (b) SENSE OF THE SENATE.—It is the sense tions of a committee or committees, aggre-
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joint resolution; and of the Senate that committees reporting gates, and other appropriate levels in this
(C) publish the information prepared under changes in laws within the jurisdiction of resolution, and make adjustments to the
subparagraph (A) on the website of the Gov- that committee sufficient to reduce appro- pay-as-you-go ledger, for one or more bills,
ernment Accountability Office; and priations levels so as to achieve savings shall joint resolutions, amendments, amendments
(2) subject to subsection (c), the Director be considered to be changes in outlays for between the Houses, motions, or conference
may include the information submitted by the purpose of enforcing the prohibition on reports relating to the eligibility of States
the Comptroller General under paragraph extraneous matters in reconciliation bills. and local governments for payments from
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August 10, 2021 CONGRESSIONAL RECORD — SENATE S6317
the State and local fiscal recovery funds es- Reg. 7619), by the amounts provided in such levels for fiscal years 2023 through 2031;
tablished by the American Rescue Plan Act legislation for those purposes, provided that which was ordered to lie on the table;
under sections 602 and 603 of the Social Secu- such legislation would not increase the def- as follows:
rity Act (42 U.S.C. 802, 803), which may in- icit over either the period of the total of fis-
At the end of title III, add the following:
clude legislation stipulating that any State cal years 2022 through 2026 or the period of
SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND
or local government that requires private the total of fiscal years 2022 through 2031.
RELATING TO INCENTIVIZING AF-
businesses to impose vaccine passports or FORDABLE, CLEAN, AND RELIABLE
otherwise mandate proof of the COVID–19 SA 3154. Mr. CRAMER submitted an POWER GENERATION.
vaccine is rendered ineligible for such pay- amendment intended to be proposed by The Chairman of the Committee on the
ments and must return any such payments him to the concurrent resolution S. Budget of the Senate may revise the alloca-
that were previously made to the State or Con. Res. 14, setting forth the congres- tions of a committee or committees, aggre-
local government, by the amounts provided sional budget for the United States gates, and other appropriate levels in this
in such legislation for those purposes, pro- resolution, and make adjustments to the
Government for fiscal year 2022 and
vided that such legislation would not in- pay-as-you-go ledger, for one or more bills,
crease the deficit over either the period of setting forth the appropriate budgetary
joint resolutions, amendments, amendments
the total of fiscal years 2022 through 2026 or levels for fiscal years 2023 through 2031;
between the Houses, motions, or conference
the period of the total of fiscal years 2022 which was ordered to lie on the table; reports relating to Federal energy policy,
through 2031. as follows: which may include establishing Federal in-
At the end of title III, add the following: centives for the production of affordable,
SA 3152. Mr. CRAMER submitted an SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND clean, and reliable energy through the de-
amendment intended to be proposed by RELATING TO PROTECTING RATE- ployment of carbon capture, use, and seques-
him to the concurrent resolution S. PAYERS FROM INCREASED UTILITY tration technology and nuclear power gen-
BILLS.
Con. Res. 14, setting forth the congres- eration, by the amounts provided in such
The Chairman of the Committee on the legislation for those purposes, provided that
sional budget for the United States Budget of the Senate may revise the alloca-
Government for fiscal year 2022 and such legislation would not increase the def-
tions of a committee or committees, aggre- icit over either the period of the total of fis-
setting forth the appropriate budgetary gates, and other appropriate levels in this cal years 2022 through 2026 or the period of
levels for fiscal years 2023 through 2031; resolution, and make adjustments to the the total of fiscal years 2022 through 2031.
which was ordered to lie on the table; pay-as-you-go ledger, for one or more bills,
as follows: joint resolutions, amendments, amendments SA 3157. Mr. CRAMER submitted an
between the Houses, motions, or conference
At the end of title III, add the following: amendment intended to be proposed by
reports relating to Federal energy policy,
SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND
which may include prohibiting a clean en- him to the concurrent resolution S.
RELATING TO NEW DISCLOSURE RE- Con. Res. 14, setting forth the congres-
QUIREMENTS FOR PUBLICLY TRAD- ergy standard or other policies that would
ED COMPANIES. raise electricity costs in order to protect sional budget for the United States
The Chairman of the Committee on the ratepayers from increased utility bills, by Government for fiscal year 2022 and
Budget of the Senate may revise the alloca- the amounts provided in such legislation for setting forth the appropriate budgetary
tions of a committee or committees, aggre- those purposes, provided that such legisla- levels for fiscal years 2023 through 2031;
gates, and other appropriate levels in this tion would not increase the deficit over ei- which was ordered to lie on the table;
resolution, and make adjustments to the ther the period of the total of fiscal years
as follows:
pay-as-you-go ledger, for one or more bills, 2022 through 2026 or the period of the total of
fiscal years 2022 through 2031. At the end of title III, add the following:
joint resolutions, amendments, amendments SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND
between the Houses, motions, or conference RELATING TO ENSURING THAT NO
reports relating to new disclosure require-
SA 3155. Mr. CRAMER (for himself
NEW HEALTH ENTITLEMENT PRO-
ments for entities, the securities of which and Mr. TUBERVILLE) submitted an GRAMS ARE ESTABLISHED.
are listed on national securities exchanges, amendment intended to be proposed by The Chairman of the Committee on the
which may include prohibiting the Securi- him to the concurrent resolution S. Budget of the Senate may revise the alloca-
ties and Exchange Commission from imple- Con. Res. 14, setting forth the congres- tions of a committee or committees, aggre-
menting any new disclosure requirements sional budget for the United States gates, and other appropriate levels in this
pertaining to climate change and other envi- Government for fiscal year 2022 and resolution, and make adjustments to the
ronmental, social, and corporate governance setting forth the appropriate budgetary pay-as-you-go ledger, for one or more bills,
issues, by the amounts provided in such leg- joint resolutions, amendments, amendments
islation for those purposes, provided that
levels for fiscal years 2023 through 2031;
between the Houses, motions, or conference
such legislation would not increase the def- which was ordered to lie on the table; reports relating to ensuring that no new
icit over either the period of the total of fis- as follows: health entitlement programs are established,
cal years 2022 through 2026 or the period of At the end of title III, add the following: by the amounts provided in such legislation
the total of fiscal years 2022 through 2031. SEC. 3004. DEFICIT-NEUTRAL RESERVE FUND RE- for those purposes, provided that such legis-
LATING TO SUPPORTING lation would not increase the deficit over ei-
SA 3153. Mr. CRAMER submitted an HYPERBARIC OXYGEN THERAPY FOR ther the period of the total of fiscal years
VETERANS DIAGNOSED WITH POST-
amendment intended to be proposed by TRAUMATIC STRESS DISORDER OR
2022 through 2026 or the period of the total of
him to the concurrent resolution S. TRAUMATIC BRAIN INJURY. fiscal years 2022 through 2031.
Con. Res. 14, setting forth the congres- The Chairman of the Committee on the
sional budget for the United States Budget of the Senate may revise the alloca- SA 3158. Mr. CRAMER submitted an
Government for fiscal year 2022 and tions of a committee or committees, aggre- amendment intended to be proposed by
setting forth the appropriate budgetary gates, and other appropriate levels in this him to the concurrent resolution S.
levels for fiscal years 2023 through 2031; resolution, and make adjustments to the Con. Res. 14, setting forth the congres-
which was ordered to lie on the table;
pay-as-you-go ledger, for one or more bills, sional budget for the United States
joint resolutions, amendments, amendments Government for fiscal year 2022 and
as follows: between the Houses, motions, or conference setting forth the appropriate budgetary
At the end of title III, add the following: reports relating to supporting hyperbaric ox-
levels for fiscal years 2023 through 2031;
SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND ygen therapy for veterans diagnosed with
RELATING TO PROTECTING PRIVATE post-traumatic stress disorder or traumatic which was ordered to lie on the table;
PROPERTY RIGHTS AND AFFIRMING brain injury by the amounts provided in such as follows:
VOLUNTARY CONSERVATION EF- legislation for those purposes, provided that At the end of title III, add the following:
FORTS.
such legislation would not increase the def- SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND
The Chairman of the Committee on the icit over either the period of the total of fis- RELATING TO REGULATION OF THE
Budget of the Senate may revise the alloca- cal years 2022 through 2026 or the period of AGRICULTURAL SECTOR UNDER
tions of a committee or committees, aggre- the total of fiscal years 2022 through 2031. THE CLEAN AIR ACT.
gates, and other appropriate levels in this The Chairman of the Committee on the
resolution, and make adjustments to the SA 3156. Mr. CRAMER submitted an Budget of the Senate may revise the alloca-
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pay-as-you-go ledger, for one or more bills, amendment intended to be proposed by tions of a committee or committees, aggre-
joint resolutions, amendments, amendments gates, and other appropriate levels in this
him to the concurrent resolution S.
between the Houses, motions, or conference resolution, and make adjustments to the
reports relating to protecting private prop- Con. Res. 14, setting forth the congres- pay-as-you-go ledger, for one or more bills,
erty rights and affirming voluntary con- sional budget for the United States joint resolutions, amendments, amendments
servation efforts related to carrying out sec- Government for fiscal year 2022 and between the Houses, motions, or conference
tion 216 of Executive Order 14008 (86 Fed. setting forth the appropriate budgetary reports relating to the Clean Air Act (42
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