Congress Adopts Budget Blueprint Paving the Way for the Eventual Enactment of a $1.9 TRILLION
COVID-Relief Bill
COVID-Relief Bill
Friday, February 5, 2021
 | The House and Senate completed action today on a fiscal year 2021 budget blueprint that is intended to pave the way for the eventual enactment of a $1.9 TRILLION COVID-19 relief bill. The Senate acted on the measure in the pre-dawn hours of Friday, February 5, 2021, with the House following hours later. |
While the blueprint that Congress adopted did not contain any explicit immigration provisions, it is widely anticipated that the legislation that will result from House and Senate adoption of the budget blueprint will have impacts on immigration policy.
Friday's congressional action occurred in connection with S. Con. Res. 5, the Concurrent Resolution on the Budget for Fiscal Year 2021 (Budget Resolution). The Senate passed the measure by a vote of 51-50, with Vice President Harris casting the tie-breaking vote, at about 5:23 am EST on February 5. The House concurred in the Senate action at about 2:23 pm EST later that day, doing so by a vote of 219-209.
Friday's congressional action occurred in connection with S. Con. Res. 5, the Concurrent Resolution on the Budget for Fiscal Year 2021 (Budget Resolution). The Senate passed the measure by a vote of 51-50, with Vice President Harris casting the tie-breaking vote, at about 5:23 am EST on February 5. The House concurred in the Senate action at about 2:23 pm EST later that day, doing so by a vote of 219-209.
Background. As introduced in the Senate, the text of S. Con. Res. 5 was almost identical to the text of H. Con. Res. 11, the Fiscal Year 2021 budget resolution, which the House passed on Wednesday, February 3, 2021.
The measure is a "skinny budget resolution" designed to provide a vehicle for facilitating enactment of a budget reconciliation bill that would be comprised of President Biden's COVID-19 relief proposals.
The measure is a "skinny budget resolution" designed to provide a vehicle for facilitating enactment of a budget reconciliation bill that would be comprised of President Biden's COVID-19 relief proposals.
As adopted by the House and Senate, the measure includes "reconciliation instructions" to 11 Senate committees and 12 House committees.
The Senate committees include the Senate Committees on Finance; Health, Education, Labor and Pensions; Banking, Housing and Urban Affairs; Agriculture; Commerce, Science and Transportation; Environment and Public Works; Foreign Relations; Homeland Security and Governmental Affairs; Indian Affairs; Small Business; and Veterans’ Affairs.
The House committees include the House committees: the House Committees on Agriculture; Education and Labor; Energy and Commerce; Financial Services; Foreign Affairs; Natural Resources; Oversight and Reform; Science, Space, and Technology; Small Business; Transportation and Infrastructure; Veterans’ Affairs; Ways and Means.
Together, the reconciliation instructions require the committees to report legislation that would increase the deficit by $1.9 TRILLION in fiscal year 2021.
The Budget Reconciliation Bill does not include reconciliation instructions to the House or Senate Committees on Appropriations. However, it is believed that the Appropriations Committees will work with the authorizing committees on large portions of the ensuing reconciliation bill and that, as a result, the reconciliation bill that is assembled pursuant to the resolution will include increases in discretionary spending..
It would be highly unusual for authorizing committees to include discretionary spending in reconciliation legislation. But it has been done in the past.
The Senate committees include the Senate Committees on Finance; Health, Education, Labor and Pensions; Banking, Housing and Urban Affairs; Agriculture; Commerce, Science and Transportation; Environment and Public Works; Foreign Relations; Homeland Security and Governmental Affairs; Indian Affairs; Small Business; and Veterans’ Affairs.
The House committees include the House committees: the House Committees on Agriculture; Education and Labor; Energy and Commerce; Financial Services; Foreign Affairs; Natural Resources; Oversight and Reform; Science, Space, and Technology; Small Business; Transportation and Infrastructure; Veterans’ Affairs; Ways and Means.
Together, the reconciliation instructions require the committees to report legislation that would increase the deficit by $1.9 TRILLION in fiscal year 2021.
The Budget Reconciliation Bill does not include reconciliation instructions to the House or Senate Committees on Appropriations. However, it is believed that the Appropriations Committees will work with the authorizing committees on large portions of the ensuing reconciliation bill and that, as a result, the reconciliation bill that is assembled pursuant to the resolution will include increases in discretionary spending..
It would be highly unusual for authorizing committees to include discretionary spending in reconciliation legislation. But it has been done in the past.
Summary of Immigration Provisions. The Senate-passed version of the measure does not contain any explicit migration-related provisions. One provision was added to the bill by a floor amendment offered by Senator Todd Young (R-IN). However, the amendment was stripped out of the bill at the end of the process by a substitute amendment offered by Senate Majority Leader Schumer. The stripped-out provision would have established a deficit-neutral reserve fund relating to preventing legislation that would allow illegal immigrants to receive Economic Impact Payments or any other similar direct, tax-based temporary financial assistance.
While the measure's reconciliation instructions to House and Senate committees do not contain any immigration-related language, the assumptions underlying those instructions presume some changes with respect to immigrants.
While the measure's reconciliation instructions to House and Senate committees do not contain any immigration-related language, the assumptions underlying those instructions presume some changes with respect to immigrants.
Committee Consideration. Both the House and Senate versions of the FY '21 Budget Resolution bypassed consideration in committee and went straight to the House and Senate floor.
House Floor Consideration. No amendments were permitted to be offered to the bill in the House. However, the Senate considered numerous amendments, including eight that were migration-related.
Senate Floor Consideration. Senate considered numerous amendments to S. Con. Res. 5, including the following eight that were migration-related.
- YOUNG AMENDMENT: Todd Young (R-IN) Amendment No. 54 to S. Con. Res.5, the FY '21 Budget Resolution.
The amendment sought to establish a deficit-neutral reserve fund relating to preventing legislation that would allow illegal immigrants to receive Economic Impact Payments or any other similar direct, tax-based temporary financial assistance. More specifically, the amendment sought to prohibit the undocumented from receiving COVID-19 economic stimulus payments.
The Senate adopted the Young Amendment by a vote of a vote of 58-42. However, it was later stripped from the bill by Senate adoption of a Schumer Substitute Amendment that did not include that provision.
- TOOMEY AMENDMENT: Pat Toomey (R-PA) Amendment No. 553 to S. Con. Res. 5, the FY '21 Budget Resolution.
The Toomey amendment sought to establish a deficit-neutral reserve fund relating to ensuring that State and local law enforcement are permitted to cooperate with Federal officials to enforce Federal law. More specifically, the amendment sought to prohibit sanctuary jurisdictions.
The Senate rejected the Toomey Amendment by a vote of a vote of 50-50.
- GRAHAM AMENDMENT: Graham Motion to waive all applicable budgetary points of order against (thus, permit the Senate to consider) the Lindsay Graham (R-SC) Amendment No. 687 to S. Con. Res. 5, the FY '21 Budget Resolution.
The Graham Amendment sought to establish a deficit-neutral reserve fund relating to strengthening and protecting international agreements, joint declarations, or proclamations entered into by the United States and Mexico. More specifically, the amendment sought to prevent withdrawal from the Migration Protection Protocol agreements entered into between President Trump and Mexico denying asylum seekers the right to apply for asylum in the United States.
The affirmative votes of 60 or more senators being required the Senate failed to waive points of order in connection with the Graham Amendment by a vote of a vote of 50-50.
- ERNST AMENDMENT: Ernst Motion to to waive all applicable budgetary points of order against (thus, permit the Senate to consider) the Joni Ernst (R-IA) Amendment No. 132 to S. Con. Res. 5, the FY '21 Budget Resolution.
The Ernst Amendment sought to establish a deficit-neutral reserve fund relating to prioritizing taking into custody aliens charged with a crime resulting in death or serious bodily injury. More specifically, the amendment sought to prohibit the release of aliens who was charged with a crime resulting in death or serious bodily injury.
The affirmative votes of 60 or more senators being required the Senate failed to waive points of order in connection with the Ernst Amendment by a vote of a vote of 52-48.
- JOHNSON AMENDMENT: Ron Johnson (R-WI) Amendment No. 542 to S. Con. Res. 5, the FY '21 Budget Resolution.
The Johnson amendment sought to establish a deficit-neutral reserve fund relating to protecting American taxpayers and the border, which may include prohibiting the cancellation of contracts for physical barriers and other border security measures for which funds already have been obligated and for which penalties will be incurred in the case of such cancellation and prohibiting the use of funds for payment of such penalties.
The Senate rejected the Johnson Amendment by a vote of a vote of 50-50.
- SCOTT AMENDMENT: Rick Scott (R-FL) Amendment No. 872: to S. Con. Res. 5, the FY '21 Budget Resolution.
The Scott amendment sought to amend the reconciliation instructions contained in the measure so as to increase funding by $20 BILLION for border security and to ensure the enforcement of all immigration laws.
The Senate rejected the Scott Amendment by a vote of a vote of 50-50.
- RUBIO AMENDMENT: Marco Rubio (R-FL) Amendment No. 651 to S. Con. Res. 5, the FY '21 Budget Resolution.
The Rubio amendment sought to establish a deficit-neutral reserve fund relating to catch-and-release policies and the Migrant Protection Protocols. More specifically, the amendment sought to require the continuation of the protocols, popularly referred to as the "Remain in Mexico Policy."
The Senate rejected the Rubio Amendment by a vote of a vote of 50-50.
- CRUZ AMENDMENT: Ted Cruz (ZR-TX) Amendment No. 651 to S. Con. Res. 5, the FY '21 Budget Resolution.
The Cruz Amendment sought to create a point of order against the consideration of any legislation that increases employment-based visas until the United States' labor market stabilizes and unemployment levels reach pre-pandemic levels, ensuring that Congress prioritizes the needs of American workers who have lost their jobs due to the pandemic.
The Senate rejected the Cruz Amendment by a vote of a vote of 40-60.
Next Steps. Now that the House and Senate have approved S. Con. Res. 5, the next step in the legislative process is for the 23 House and Senate Committees that were instructed to report reconciliation legislation to produce legislation fulfilling the mandates in the Budget Resolution.
The Budget Resolution instructs the committees to produce their legislation by Tuesday, February 16, 2021.
Once the committees have produced their legislative product, the House and Senate Committees on the Budget will assemble them into an Omnibus Budget Reconciliation Act that the House and Senate will take up.
The Budget Resolution instructs the committees to produce their legislation by Tuesday, February 16, 2021.
Once the committees have produced their legislative product, the House and Senate Committees on the Budget will assemble them into an Omnibus Budget Reconciliation Act that the House and Senate will take up.
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