The biggest problem with that, they say, wouldn’t be with the Byrd rule: It would be sparking a jurisdictional clash with the Appropriations committees. Lawmakers also would need to deal with across-the-board spending cuts to cure pay-as-you-go rule violations, which they’d need 60 votes to overturn.
G. William Hoagland, a former top GOP Senate aide, disagrees that discretionary funds could be made safe from Byrd challenges in reconciliation. One potential issue is that the mere fact of appropriating funds doesn’t mean the money will automatically be spent — or, in other words, produce the actual change in outlays required under reconciliation.
In addition, committees aren’t allowed to meet their reconciliation instructions by making changes in programs outside their jurisdiction. Hoagland is skeptical that under reconciliation an authorizing committee would be allowed to create a new program, substituting mandatory spending for programs that were funded by discretionary funds in the past. That’s a potential problem for the national vaccination program Biden wants, for instance.
However, other sources say providing funds under certain “terms and conditions” intended to produce changes in spending, like grants to states, school systems and the like, would pass muster under the Byrd rule.
Even if the current Senate parliamentarian, Elizabeth MacDonough, agrees with past interpretations that reconciliation isn’t supposed to be used for appropriations, it’s possible Democrats will try to ignore her. Sanders, for example, has floated the option of getting the chamber’s presiding officer, in this case the vice president, to ignore parliamentary rulings that don’t go their way.
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January 20, 2021 at 07:35PM
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'Byrd rule' shadow could fall on Biden coronavirus relief plan - Roll Call
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