Monday, June 30 Update: Over the weekend, changes were constantly being made to the reconciliation bill, and versions of short-term Pell and school voucher tax credits were reinserted. The situation is still very fluid, so we'll have more updates as the text of the bill is finalized in the Senate.
This week, the Senate Parliamentarian made a number of rulings on education provisions lawmakers are hoping to include in the final reconciliation package.
When the Senate takes up a budget reconciliation bill, the Senate Parliamentarian, Elizabeth MacDonough, reviews all provisions to ensure that it complies with the Byrd Rule, a process commonly known as the “Byrd Bath.” The Byrd Rule, named after former Sen. Robert Byrd (D-WV), aims to prevent extraneous measures from being included in reconciliation bills. Under the Byrd Rule, provisions can be struck if they do not affect federal spending or revenue, if their impact is "merely incidental" budgetary goals, or if they increase the deficit outside the time period covered by the budget resolution. A senator can raise a point of order to challenge such provisions, but it takes 60 votes to override it.
During this Byrd Bath, the parliamentarian made several rulings on the various education provisions included in the text the Senate Committee on Health, Education, Labor and Pensions (HELP) submitted for consideration.
Most notably, she ruled that the expansion of Pell Grant access for short-term training programs be subject to the 60-vote threshold because of the provision that gave access to unaccredited programs and for-profit institutions. As of now, it is not known if lawmakers will reinsert a slimmed down provision that does not include unaccredited programs and for-profit institutions.
The parliamentarian also ruled that the changes to student loan repayments are in violation of the Byrd Rule. This provision would limit repayment options to the standard plan with fixed payments (over 10-25 years) or a new income-based repayment plan.
In addition to the HELP rulings, the parliamentarian also ruled on a key provision in the Senate Finance Committee bill. She ruled that the creation of $5,000 tax credit for K-12 private school vouchers violates the Byrd Rule.
The parliamentarian is still set to rule on many other provisions, including provisions that would permanently restrict the Secretary of Education from issuing regulations that are “economically significant,” meaning their annual effect on the economy is at least $100 million or they “adversely” affect the economy. The Byrd Bath process must be completed before the Senate can begin consideration of the legislation.
ACTE will continue to monitor the progress of the budget reconciliation process and provide regular updates to our membership. If you have any questions, please contact ACTE’s Government Relations Manager, Jimmy Koch (jkoch@acteonline.org).