This is not a diary about me informing you. This is, hopefully, a gathering of people who want to learn about the process mixing with people who truly understand the process -- including the BYRD RULE. I see several comments a day asking for clarification and yet very little given and I am frustrated reading throw away comments about reconciliation because I don't know that anyone who makes those comments actually KNOWS for sure what they are saying.
There are plenty of people on this site who care about expanding their knowledge and even more who love to share it. So I want this to be a place to help us filter through the myths and determine the facts.
In particular, I think most confusion revolves around the BYRD RULE. This seems to be the rule that people don't realize exists or don't know how to apply it to what we face now.
This is the best summary of reconciliation following the BYRD RULE I have found. It is from Community Catalyst, a non-profit organization that pushes for health care for all. Unfortunately, I never heard of them before today but I will pay attention to them now.
Their memo http://www.communitycatalyst.org/...
The Byrd rule can control the process in the Senate
What is it?
The rule is a constraint on what can be passed through the reconciliation process in the Senate. Named for West Virginia Senator Robert Byrd, it was imposed by the Senate in the mid-eighties to prevent non-budget matters from being resolved through reconciliation. Under the Byrd rule, any senator can challenge a provision of a reconciliation bill or an amendment to the bill as not central to taxes or spending. This sets in motion a process that may eliminate these "extraneous" provisions or amendments.
How does the process work?
During floor debate, a senator may call a ‘point of order’ questioning whether a provision is extraneous. The Senate Parliamentarian then determines whether or not the provision violates
the Byrd rule. If yes, the measure is stricken from the bill. It may not be re-introduced as an amendment.
Can the Byrd rule be overridden?
Yes, but 60 senators must vote affirmatively to waive the Byrd rule for each provision that is questioned as extraneous.
What is a provision?
There is a lack of clarity on this point. According to some, a provision could be a section of the bill or simply a line.
What is extraneous?
"Extraneous" is defined as any provision that does not affect spending, taxes or the deficit, but there is substantial gray area.
There are six tests outlined by the Byrd rule that determine whether material is extraneous and should be omitted. A provision can be judged "extraneous" if it does not produce changes in outlays or revenues; if it strays from the jurisdiction of the committee that submitted the provision; if it results in "merely incidental" expenditures or revenues to non-budgetary components of the bill; if it increases the deficit beyond a "budget window" covered by the reconciliation measure; or it makes changes to Social Security. Additionally, no provision can make any changes to employment law or civil rights law. (See House Committee On Rules Summary.)
Can any provisions be exempted from the Byrd rule?
The chairman and ranking minority members of the Budget Committee and the reporting committee can certify that a provision is exempt, even if it has no direct effect on spending or revenues, if any of the following three situations apply:
- It is a condition of another provision that does impact spending and revenues.
- Taken together with other provisions, it produces a net reduction in spending.
- Insufficient data exists to draw conclusions about spending or cuts.
Who is the Senate Parliamentarian?
Alan Frumin is the current Senate Parliamentarian. Frumin joined the parliamentarian’s office in1977 and has held the position of Senate Parliamentarian twice during that time – under both parties. Interestingly, Slate reports that Vice President Joe Biden may overturn a Byrd rule interpretation made by Frumin – this as reported to Slate by Frumin’s predecessor, Robert Dove.
What health reform provisions could be vulnerable to the Byrd rule?
• The health exchange, if viewed as a non-budgetary item.
• Some insurance reforms
• The public option, if drafted as independent of federal spending
• Prevention and wellness initiatives
• Delivery system reform initiatives
• Requirements for reporting or data collection
Because this mentions that Biden could overrule a Byrd Rule block, but it cites an article and not the actual language of the rule, I don't know if this is accurate. So I am also attaching a link to the rule itself:
http://www.rules.house.gov/...
Eons ago, in August, Blank Frank wrote an amazing diary on the Kos about this http://www.dailykos.com/... and I think it needs serious revisiting.
Overall, I am just looking for honest feedback from people who will clarify their guesses as guesses and their facts as facts. Many people here are still as clear as mud as I am on this and I hope we can learn something together.
Thanks,
Jennifer