bba95-sybbra-budget-provisions-only file · web viewh. r. 2517. to provide for reconciliation...

H. R. 2517To provide for reconciliation pursuant to section 105 of the

concurrent resolution on the budget for fiscal year 1996.IN THE HOUSE OF REPRESENTATIVES

OCTOBER 20, 1995Mr. KASICH introduced the following bill; which was referred to the

Committee on the Budget, and in addition to the Committees on Agriculture, Banking and Financial Services, Commerce, Economic and Educational Opportunities, Government Reform and Oversight, International Relations, the Judiciary, National Security, Resources, Rules, Science, Transportation and Infrastructure, Veterans’ Affairs, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILLTo provide for reconciliation pursuant to section 105 of

the concurrent resolution on the budget for fiscal year 1996.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE.

This Act may be cited as the “Seven-Year Balanced Budget Reconciliation Act of 1995”.SEC. 2. TABLE OF TITLES.

This Act is organized into titles as follows:Title I—Committee on AgricultureTitle II—Committee on Banking and Financial ServicesTitle III—Committee on CommerceTitle IV—Committee on Economic and Educational Opportunities Title V—Committee on Government Reform and OversightTitle VI—Committee on International RelationsTitle VII—Committee on the JudiciaryTitle VIII—Committee on National SecurityTitle IX—Committee on ResourcesTitle X—Committee on Transportation and InfrastructureTitle XI—Committee on Veterans’ AffairsTitle XII—Committee on Ways and Means-TradeTitle XIII—Committee on Ways and Means-RevenuesTitle XIV—Committee on Ways and Means-Tax Simplification Title XV—Preserving, Protecting, and Strengthening Medicare Title XVI—Transformation of the Medicaid ProgramTitle XVII—Abolishment of Department of CommerceTitle XVIII—Welfare ReformTitle XIX—Contract with America-Tax ReliefTitle XX—Budget Enforcement

* * * * * * *

TITLE XX—BUDGET ENFORCEMENT

SEC. 20001. SHORT TITLE; PURPOSE. (a) SHORT TITLE.—This title may be cited as the “Seven-

Year Balanced Budget Enforcement Act of 1995”. (b) PURPOSE.—This title extends and reduces the

discretionary spending limits and extends the pay-as-yougo requirements.

SEC. 20002. DISCRETIONARY SPENDING LIMITS. (a) LIMITS.—Section 601(a)(2) of the Congressional

Budget Act of 1974 is amended by striking subparagraphs (A), (B), (C), (D), and (F), by redesignating subparagraph (E) as subparagraph (A) and by striking “and” at the end of that subparagraph, and by inserting after sub paragraph (A) the following new subparagraphs:

“(B) with respect to fiscal year 1996, for the discretionary category: $485,074,000,000 in

new budget authority and $531,768,000,000 in outlays;

“(C) with respect to fiscal year 1997, for the discretionary category: $482,430,000,000 in new budget authority and $520,295,000,000 in outlays;

“(D) with respect to fiscal year 1998, for the discretionary category: $490,692,000,000 in new budget authority and $512,632,000,000 in outlays;

“(E) with respect to fiscal year 1999, for the discretionary category: $482,207,000,000 in new budget authority and $510,482,000,000 in outlays;

“(F) with respect to fiscal year 2000, for the discretionary category: $489,379,000,000 in new budget authority and $514,234,000,000 in outlays;

“(G) with respect to fiscal year 2001, for the discretionary category: $496,601,000,000 in new budget authority and $516,403,000,000 in outlays; and

“(H) with respect to fiscal year 2002, for the discretionary category: $498,837,000,000 in new budget authority and $515,075,000,000 in outlays;”. (b) COMMITTEE ALLOCATIONS AND ENFORCEMENT.—Section

602 of the Congressional Budget Act of 1974 is amended—

(1) in subsection (c), by striking “1995” and inserting “2002” and by striking the last sentence; and

(2) in subsection (d), by striking “1992 to 1995” in the side heading and inserting “1996 to 2002” and by

striking “1992 through 1995” and inserting “1996 through 2002”. (c) TERM OF BUDGET RESOLUTIONS.—Section 606 of the

Congressional Budget Act of 1974 is amended— (1) in its section heading by striking “5-year” and

inserting “term of”; (2) in the sideheading of subsection (a), by striking

“5-YEAR” and inserting “TERM OF”; (3) in subsection (a), by striking “1992, 1993, 1994,

or 1995” and inserting “1996 or any fiscal year thereafter through 2002” and by inserting “at least” before “each”; and

(4) in subsection (d)(1), by striking “1992, 1993, 1994, and 1995” and inserting “1996 or any fiscal year thereafter through 2002”, and by striking “(i) and (ii)”.(d) EFFECTIVE DATE.—Section 607 of the Congressional

Budget Act of 1974 is amended by striking “1991 to 1998” and inserting “1996 to 2002”.

(e) SEQUESTRATION REGARDING VIOLENT CRIME REDUCTION TRUST FUND.—(1) Section 251A(b)(1) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by striking subparagraphs (B), (C), and (D) and its last sentence and inserting the following:

“(B) For fiscal year 1996, $2,227,000,000. “(C) For fiscal year 1997, $3,846,000,000. “(D) For fiscal year 1998, $4,901,000,000. “(E) For fiscal year 1999, $5,639,000,000. “(F) For fiscal year 2000, $6,225,000,000.”.

(2) Section 310002 of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 14212) is repealed.

(f) CONFORMING AMENDMENTS.—The item relating to section 606 in the table of contents set forth in section 1(b) of the Congressional Budget and Impoundment Control Act of 1974 is amended by striking “5-year” and inserting “Term of”.SEC. 20003. GENERAL STATEMENT AND DEFINITIONS.

(a) GENERAL STATEMENT.—Section 250(b) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by striking the first two sentences and inserting the following: “This part provides for the enforcement of deficit reduction by reducing and extending the discretionary spending limits though fiscal year 2002 and permanently extending pay-as-you-go requirements.”.

(b) DEFINITIONS.—Section 250(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended—

(1) by striking paragraph (4) and inserting the following:

“(4) The term ‘category’ means:“(A) For fiscal years 1996 through 2000, all

discretionary appropriations except those subject to section 251A; and

“(B) For fiscal year 2001 and any subsequent fiscal year, all discretionary appropriations.”;(2) by striking paragraph (6) and inserting the

following:“(6) The term ‘budgetary resources’ means new

budget authority, unobligated balances, direct spending authority, and obligation limitations.”;

(3) in paragraph (9), by striking “1992” and inserting “1996”; and

(4) in paragraph (14), by striking “through fiscal year 1995”.

SEC. 20004. ENFORCING DISCRETIONARY SPENDING LIMITS.Section 251 of the Balanced Budget and Emergency

Deficit Control Act of 1985 is amended— (1) in the side heading of subsection (a), by striking

“1991–1998” and inserting “1996–2002”; (2) in the first sentence of subsection (b)(1), by

striking “1992, 1993, 1994, 1995, 1996, 1997 or 1998” and inserting “1997 or any fiscal year thereafter through 2002” and by striking “through 1998” and inserting “through 2002”;

(3) in subsection (b)(1), by striking “the following:” and all that follows through “The adjustments” and inserting “the following: the adjustments” and by striking subparagraphs (B) and (C);

(4) in subsection (b)(2), by striking “1991, 1992, 1993, 1994, 1995, 1996, 1997, or 1998” and inserting “1996 or any fiscal year thereafter through 2002” and by striking “through 1998” and inserting “through 2002”;

(5) in subsection (b)(2)(E), by striking clauses (i), (ii), and (iii) and by striking “(iv) if, for fiscal years 1994, 1995, 1996, 1997, and 1998” and inserting “If, for fiscal years 1996 through 2002”; and

(6) in subsection (b)(2)(F), by striking everything after “the adjustment in outlays” and inserting “for a category for a fiscal year is the amount of the excess but not to exceed 0.5 percent of the adjusted discretionary spending limit on outlays for that fiscal year in fiscal year 1996 or any fiscal year thereafter through 2002.”.

SEC. 20005. ENFORCING PAY-AS-YOU-GO. (a) EXTENSION.—(1) Section 252 of the Balanced Budget

and Emergency Deficit Control Act of 1985 is amended— (A) in the side heading of subsection (a), by striking

“Fiscal Years 1992–1998”; and (B) in subsection (e), by striking “, for any fiscal

year from 1991 through 1998,” and by striking “through 1995”.(b) ROLLING PAY-AS-YOU-GO SCORECARD.—Section 252(d)

of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by striking “each fiscal year through fiscal year 1998” each place it appears and inserting “the current year (if applicable), the budget year, and each of the first 4 outyears”. SEC. 20006. REPORTS AND ORDERS.

Section 254 of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended—

(1) in subsection (d)(2), by striking “1998” and inserting “2002”; and

(2)(A) in subsection (g)(2)(A), by striking “1998” and inserting “2002”; and

(B) in subsection (g)(3), by striking “in each outyear through 1998” and inserting “in each of the 4 ensuing outyears”. SEC. 20007. TECHNICAL CORRECTION.

Section 258 of the Balanced Budget and Emergency Deficit Control Act of 1985, entitled “Modification of Presidential Order”, is repealed. SEC. 20008. SPECIAL RULE ON INTERRELATIONSHIP BETWEEN

CHANGES IN DISCRETIONARY SPENDING LIMITS AND PAY-AS-YOU-GO REQUIREMENTS.

(a)(1) Section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by adding at the end the following new subsection:

“(f) SPECIAL RULE ON INTERRELATIONSHIP BETWEEN SECTIONS 251, 251A, AND 252.—Whenever legislation is enacted during the 104th Congress that decreases the discretionary spending limits for budget authority and outlays for a fiscal year under section 601(a)(2) of the Congressional Budget Act of 1974 or in section 251A(b) of the Balanced Budget and Emergency Deficit Control Act of 1985, or both, then, for purposes of subsection (b), an amount equal to that decrease in the discretionary spending limit for outlays shall be treated as direct spending legislation decreasing the deficit for that fiscal year.”.

(2) Section 310(a) of the Congressional Budget Act of 1974 is amended by striking “or” at the end of paragraph (3), by redesignating paragraph (4) as paragraph (5) and by striking “and (3)” in such redesignated paragraph (5) and inserting “(3), and (4)”, and by inserting after paragraph (3) the following new paragraph:

“(4) carry out section 252(f) of the Balanced Budget and Emergency Deficit Control Act of 1985; or”.

(b) For purposes of section 252(f) of the Balanced Budget and Emergency Deficit Control Act of 1985 (as amended by subsection (a)(1))—

(1) reductions in the discretionary spending limit for outlays under section 601(a)(2) of the Congressional Budget Act of 1974 for each of fiscal years 1999 through 2002 under section 20002 shall be measured as reductions from the discretionary spending limit for outlays for fiscal year 1998 as in effect immediately before the enactment of this Act; and

(2) reductions in the discretionary spending limit for outlays under section 251A(b) of the Balanced Budget and Emergency Deficit Control Act of 1985 for each of fiscal years 1996 through 2000 under section 20002 shall be measured as reductions in outlays for that fiscal year under section 251A(b) as in effect immediately before the enactment of this Act.

SEC. 20009. MEDICARE SAVINGS CANNOT BE USED TO PAY FOR TAX CUTS.

Any net savings in direct spending and receipts in the Medicare program for any fiscal year resulting from the enactment of this Act or H.R. 2425 (as applicable) shall not be counted for purposes of section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985.SEC. 20010. EFFECTIVE DATE.

(a) EXPIRATION.—Section 275(b) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended—

(1) by striking “Part C of this title, section” and inserting “Sections 251, 253, 258B, and”; and

(2) by striking “1995” and inserting “2002”. (b) EXPIRATION.—Section 14002(c)(3) of the Omnibus

Budget Reconciliation Act of 1993 (2 U.S.C. 900 note) is repealed. SEC. 20011. APPLICATION OF SECTION 251 ADJUSTMENTS.

Section 251(b)(2) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by adding at the end the following new subparagraph:

“(H) SPECIAL ALLOWANCE FOR WELFARE REFORM.—If, for any fiscal year, appropriations are enacted for accounts specified in clauses (i) and (ii), the adjustment shall be the sum of:

“(i) the excess of the appropriation for the fiscal year for the Child Care and Development Block Grant over $1,082,000,000, but not to exceed $722,000,000 in fiscal year 1996 or $1,011,000,000 in fiscal year 1997 through 2002; and

“(ii) the excess of the appropriation for the fiscal year for the Family Nutrition Block Grant Program over $3,470,000,000, but not to exceed $692,000,000 in fiscal year 1996, $1,307,000,000 in fiscal year 1997, $1,466,000,000 in fiscal year 1998, $1,650,000,000 in fiscal year 1999, $1,838,000,000 in fiscal year 2000, $2,075,000,000 in fiscal year 2001, or $2,324,000,000 in fiscal year 2002; and the outlays flowing in all years from such excess appropriations (as reduced pursuant to the limitations in clauses (i) and (ii).”.

SEC. 20012. SPECIAL RULES APPLICABLE TO DEPARTMENT OF DEFENSE SEQUESTRATION.

Section 255 of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by striking subsection (h) (relating to optional exemption of military personnel) and adding at the end the following new subsection:

“(j) OPTIONAL EXEMPTION FOR MILITARY PERSONNEL.—“(1) AUTHORITY FOR EXEMPTION.—The President may,

with respect to any military personnel account, exempt that account from sequestration or provide for a lower uniform percentage reduction than would otherwise apply.

“(B) The President may not use the authority provided by subparagraph (A) unless he notifies the Congress of the manner in which such authority will be exercised on or before the initial snapshot date for the budget year.

“(2) AUTHORITY FOR MILITARY TECHNICIANS AND MEDICAL PERSONNEL.—

“(A) Whenever the President exempts a military personnel account from sequestration under paragraph (1) and after all other sequestrations to Department of Defense account have been made, the Secretary of Defense may transfer amounts to any

appropriation for operation and maintenance for the current fiscal year from amounts available under any other appropriation to the Department of Defense, but—

“(i) amounts so transferred shall be available only for the pay of military technicians, the pay of medical personnel, and other expenses of medical programs (including CHAMPUS); and

“(ii) the total amount transferred to any operations and maintenance appropriation shall not exceed the amount sequestered from such appropriation. “(C) The authority to make transfers pursuant to

subparagraph (A) is in addition to any authority of the Secretary of Defense to make transfers of appropriated funds under any other provision of law.

“(D) The Secretary of Defense may carry out a transfer of funds under subparagraph (A) only after notifying the Committees on Appropriations of the Senate and House of Representatives of the proposed transfer and a period of 20 calendar days in session has elapsed after such notice is received.”.

SEC. 20013. TREATMENT OF DIRECT STUDENT LOANS. Section 504 of the Federal Credit Reform Act of 1990 is

amended by adding at the end the following new subsection:

“(h) TREATMENT OF DIRECT STUDENT LOANS.—The cost of a direct loan under the Federal direct student loan program shall be the net present value, at the time when the direct loan is disbursed, of the following cash flows for the estimated life of the loan:

“(1) Loan disbursements.“(2) Repayments of principal.“(3) Payments of interest and other payments by or

to the Government over the life of the loan after adjusting for estimated defaults, prepayments, fees, penalties, and other recoveries.

“(4) Direct expenses, including—“(A) activities related to credit extension, loan

origination, loan servicing, management of contractors, and payments to contractors, other government entities, and program participants;

“(B) collection of delinquent loans; and “(C) writeoff and closeout of loans.”.

SEC. 20014. DEFINITION OF PROGRAMS, PROJECTS, AND ACTIVITIES FOR DEPARTMENT OF DEFENSE APPROPRIATIONS.

For purposes of the Balanced Budget and Emergency Deficit Control Act of 1985, the term program, project, and activity for appropriations contained in any Department of Defense appropriation Act shall be defined as the recent Department of Defense appropriation Act, the accompanying House and Senate Committee reports, the conference report and accompanying joint explanatory statement of the managers of the committee of conference, the related classified annexes and reports, and the P–1 and R–1 budget justification documents as subsequently modified by congressional action: Provided, That the following exception to the above definition shall apply:

For the Military Personnel and the Operation and Maintenance accounts, the term “program, project, and activity” is defined as the appropriation accounts contained in the most recent Department of Defense appropriation Act: Provided further, That at the time the President submits his budget for any fiscal year, the Department of Defense shall transmit to the Committees on Appropriations and the Committees on Armed Services of the Senate and the House of Representatives a budget justification document to be known as the “O–1” which shall identify, at the budget activity, activity group, and subactivity group level, the amounts requested by the President to be appropriated to the Department of Defense for operation and maintenance in any budget request, or amended budget request, for that fiscal year.

NOTES

Note: This language is from the conference report as it was enrolled for transmission to the President, who vetoes the measure. It includes various provisions, but includes the reasons why the text in H.R. 2517, which replaced the House version of the Budget Committee-passed text of H.R. 2491 which could not be amended in committee due to it’s status as a reconciliation bill. The following text from the Joint Explanatory Statement of Managers includes both the budget process explanation and indications of Byrd Rule advisories by the Senate Parliamentarian as to text that was dropped.

BYRD RULE RELATED TEXT FROM THE BBA CONFERENCE REPORT

TITLE I—AGRICULTURE1

(Numbers in parentheses refer to the section numbers of the provisions in the House Bill (H), the Senate Amendment (S), and the Conference Report (CR))

The Managers on the part of the House and the Senate on title I of the bill met to resolve a number of issues in disagreement between the House Bill and the Senate Amendment. A number of provisions agreed to by the Managers are included in the Conference Substitute. However, a number of provisions that were agreed to by the Managers were subsequently removed from the Conference Substitute pursuant to the Manager’s agreement that provisions potentially violative of section 313 of the Congressional Budget Act of 1974, commonly referred to as the ‘‘Byrd Rule’’,2 be removed from the Conference Substitute.

The Byrd Rule provides, in pertinent part, that during Senate debate on a reconciliation conference report, any Senator may make a point of order against extraneous material that, if sustained, will result in the extraneous material being stricken and result in the Conference Report being sent back to the House. The Rule also provides guidance as to what constitutes extraneous matter in a reconciliation conference report.

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PEANUT PROGRAM (H. 1301, S. 1113, CR. 1106)3

The House Bill amends—(1) section 108 B of the Agricultural Act of 1949 by setting

the quota support rate at $610 for the 1996 through 2002 crops, eliminating the price support escalator, reducing the support rate by 15% to any producer who sells peanuts to the government rather than a commercial buyer if the price is equal to greater than the support price. Reform of cross compliance procedures are achieved by segregating quota pool losses from additional pool losses and by increasing the assessment if quota pool losses remain; and

1 Title is on page 967. 2 General Byrd Rule reference is on page 967.3 Peanut Program section on p. 974.

(2) section 358–1 of the Agricultural Adjustment Act of 1938 by requiring reduction of quota from municipalities, airport authorities, schools, colleges, refuges and other public entities; non-resident quota holders who are not producers; and resident quota holders who are not producers; eliminating the quota minimum; allowing spring and fall sale, transfer, lease of quota across county lines; eliminating undermarketings; limiting disaster transfer payments to no more than 70% of quota support rate not to exceed 25% of total quota pounds; and by granting a temporary quota allocation to all growers equal to seed purchases.

The Senate Amendment—(1) amends section 108B of the Agricultural Act of 1949 by

reauthorizing the program through 2000 and by reducing the price support rate for quota peanuts to $628 per ton for the 1996 through 2000 crops (the price escalator is eliminated);

(2) amends section 358–1 of the Agricultural Adjustment Act of 1938 by reauthorizing the section through 2000; by 975 eliminating the poundage quota minimum; by setting the national poundage quota at a level equal to the quantity of peanuts that the Secretary estimates will be devoted in each marketing year to domestic edible and related uses, excluding peanuts used for seed on a farm, and including any stocks of peanuts on hand in the inventory of the Commodity Credit Corporation and peanuts or products of peanuts imported into the United States; by eliminating undermarketings of peanuts for the purpose of calculating quota; by establishing a temporary quota for peanuts used for seed; and

(3) amends section 358b (lease and transfer) of the Agriculture Adjustment Act of 1938 by reauthorizing the section through 2000 and allows limited sale or lease of quota across county lines.

The Conference Substitute adopts the House position to—(1) amend section 108b Agricultural Act of 1949 to authorize

the quota price support program through 2002 at $610 per ton and eliminate the price support escalator;

(2) amend section 358–1 of the Agriculture Adjustment Act of 1938 to eliminate the 1.35 million ton quota poundage floor and undermarketings;

(3) amend section 358–1 to segregate quota pool losses from additional pools and to increase assessments to cover losses if any quota pool losses remain;

(4) amend section 358–1 to establish a temporary quota for seed; and

(5) amend section 358–1(b) to limit the transfer of additional peanuts as a result of natural disaster to 25% of quota pounds at not more than 70% of the quota support rate.

The Managers agreed to include additional reforms from the House bill that: (1) would prioritize quota reduction to farms controlled by public entities and out-of-state quota holders who are not producers; (2) allow full lease, sale and transfer of quota within a state; and (3) reduce the support rate by 5% to any producer who sells peanuts to the government rather than a commercial buyer if the price is equal to or greater than support price. However, these critical reforms were subsequently deleted from the Conference Substitute in order to comply with the Byrd Rule. 4

SUGAR PROGRAM (H. 1302, S. 1108, CR. 1107)5

The House Bill amends—(1) section 206 of the Agricultural Act of 1949 by

maintaining sugarbeet and sugarcane loan rates at 1995 levels (18/ 22.9). Reduces the loan rates commensurate to reduction of subsidies by the European Union and other major sugar producing countries, establishes a loan modification threshold, which triggers the non-recourse loan system, at 1.256 million short tons in FY 1996 and FY 1997. The threshold increases 3% each year. Increases current marketing assessment for cane sugar from 1.1% to 1.5% of the loan rate per pound and from 1.1794% to 1.6083% of the loan rate for beet sugar;

(2) section 359b. of the Agricultural Adjustment Act of 1938 by eliminating marketing allotments.

976The Senate Amendment amends section 206 of the

Agricultural Act of 1949 to—(1) reauthorize the program through 2002;(2) provide for a recourse loan that becomes a nonrecourse

loan when the tariff rate quota for imported sugar is set to equal or exceed 1.34 million short tons;

(3) increase the marketing assessment for cane sugar to 1.375 percent of the support price beginning in FY 1997;

(4) increase the marketing assessment for beet sugar to 1.47425 percent of the support price beginning in FY 1997;

(5) extend the marketing assessment provision through FY 2002; and

(6) impose a $0.01 per pound penalty on all sugar forfeited under loan.

4 Peanut Program Byrd Rule reference on p. 975.5 Sugar Program section on p. 975.

Sugar Marketing allotments in section 359 of the Agricultural Adjustment Act of 1938 are repealed.

The Conference Substitute adopts the House approach to amend section 206 of the Agriculture Act of 1949 to set the sugar cane loan rate at $0.18 per pound, the sugar beet loan rate at $0.229 per pound and reauthorize the program through 2002. The Conference Substitute adopts the Senate approach and to provide nonrecourse loans when the tariff rate quota for imports is set greater than or equal to 1.5 million short tons, raw value. Loans are recourse if the TRQ is set below this amount.

The Conference Substitute adopts the Senate provision to make 9-month loans and to impose a $0.01 per pound penalty on all sugar forfeited under loan. The Conference Substitute adopts the Senate provision to increase the marketing assessments on sugar cane and sugar beets to 1.375 and 1.47425 percent respectively, beginning in FY 1997.

Sugar Marketing allotments in section 359 of the Agricultural Adjustment Act of 1938 are repealed.

The Managers agreed to include additional important reforms in the Conference Substitute that would reduce the support rate for sugar if European Union domestic sugar subsidies are reduced. However, these critical reforms were subsequently deleted from the Conference Substitute in order to comply with the Byrd Rule.6

EVALUATION OF RICE INDUSTRY (H. , S. , CR. 1106(D))The House Bill contains no similar provision.The Senate Bill contains no similar provision.The Managers agreed to include in the Conference Substituteprovision to direct the Secretary of Agriculture, if he found that the rice industry is threatened by underplantings resulting form the requirements of this subtitle, to take such actions as necessary to strengthen the export and domestic consumption of rice and rice producers income. It is the intent of the Managers that the Sec- retary should use all tools available to him in order to maintain the domestic rice industry, including, but not limited to EEP, PL480, MPP, FMD, recommendations under section 301, and other programs to enhance market development efforts and allow producers to obtain their income from the marketplace. However, the provision was subsequently deleted from the Conference Substitute in order to comply with the Byrd Rule.BALANCED BUDGET ACT EXEMPTION (H. 1102 (L), S. , CR. )The House Bill amends Sec. 252 of the Balanced Budget and Emergency Deficit Control Act of 1985 to provide an exemption

6 Byrd Rule reference on p. 976.

for market transition payments in the ‘Freedom to Farm’ program.The Senate Amendment contains no similar provision.The Managers agreed to include the House provision in the Conference Substitute, However, these provisions were subsequently deleted from the Conference Substitute in order to comply with the Byrd Rule.SENSE OF THE SENATE REGARDING ETHANOL (H. , S. 1116, CR. )The House Bill contains no similar provision.The Senate Amendment expresses the Sense of the Senate in support of the use of ethanol as an alternative fuel.The Managers agreed to include the Senate provision in the Conference Substitute. However, these provisions were subsequently deleted from the Conference Substitute in order to comply with the Byrd Rule.

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House bill1004 COMMON FORMThe House bill amends the HEA to clarify that the Part B loan application may be the Free Application for Federal Student Assist- ance (FAFSA). The bill also clarifies that the application may be in an electronic or other format in order to facilitate use by borrow- ers and institutions. Finally, this section clarifies that application data shall be available to any guaranty agency that is authorized to receive such data by the appropriate institution for the purpose of processing Part B loan applications.Senate amendmentNo provision.Conference agreementThe House recedes as inclusion of this provision violates the Byrd rule. However, the conferees believe that it would be bene- ficial to students and institutions to have the FAFSA serve as the single loan application for Part B and Part D loans. In 1993, the Advisory Committee on Student Financial Assistance recommended that the FAFSA serve as the single loan application, and that rec- ommendation was adopted for Part D loans, but not for Part B loans. The conferees hoped to correct this disparity, but the budget rules do not permit this change to be made in this legislation. Therefore, the Secretary is encouraged to proceed in that direction and to use his waiver authority, if necessary, under 487A of the Higher Education Act in order to permit this practice for the bene- fit of students and institutions.

ANNUAL REPORT ON SSIPresent lawTo date, the Department of Health and Human Services and now the Social Security Administration have collected, compiled, and published annual and monthly SSI data, but Federal law does not require an annual report on the SSI program.House billNo provision.Senate amendmentThe Senate amendment requires the Commissioner of Social Security to prepare and provide to the President and the Congress an annual report on the SSI program, which includes specified in- formation and data. The report is due May 30 of each year.Conference agreement1751This provision was dropped from the Reconciliation bill be- cause it violates the Byrd Rule (section 313 of Congressional Budg- et Act of 1974).STUDY OF DISABILITY DETERMINATION PROCESSPresent lawNot applicable.House billNo provision.Senate amendmentWithin 90 days of enactment, the Commissioner must contract with the National Academy of Sciences or another independent en- tity to conduct a comprehensive study of the disability determination process for SSI and SSDI. The study must examine the valid- ity, reliability and consistency with current scientific standards of the Listings of Impairments cited above.The study must also examine the appropriateness of the definitions of disability (and possible alternatives) used in connection with SSI and SSDI; and the operation of the disability determination process, including the appropriate method of performing comprehensive assessments of individuals under age 18 with physical or mental impairments.The Commissioner must issue interim and final reports of the findings and recommendations of the study within 18 months and 24 months, respectively, from the date of contract for the study.Conference agreementThis provision was dropped from the Reconciliation bill be- cause it violates the Byrd Rule (section 313 of Congressional Budg- et Act of 1974).GENERAL ACCOUNTING OFFICE STUDY

Present lawNot applicable.House billNo provision.Senate amendmentThe Senate amendment requires the General Accounting Office to study and report on the impact of title II of the Senate amendment on the SSI program by January 1, 1998.Conference agreementThis provision was dropped from the Reconciliation bill be- cause it violates the Byrd Rule (section 313 of Congressional Budg- et Act of 1974).

1752NATIONAL COMMISSION ON THE FUTURE OF DISABILITY A. ESTABLISHMENTPresent lawNot applicable.House billNo provision.Senate amendmentThe Commission is established and expenses are to be paid from funds appropriated to the Social Security Administration.Conference agreementThis provision was dropped from the Reconciliation bill be- cause it violates the Byrd Rule (section 313 of Congressional Budg- et Act of 1974).Present lawNot applicable.House billNo provision.Senate amendmentB. DUTIESThe Commission must study all matters related to the nature, purpose and adequacy of all Federal programs for the disabled, and especially SSI and SSDI.The Commission must examine: projected growth in the number of individuals with disabilities and the implications for program planning; possible performance standards for disability programs; the adequacy of Federal rehabilitation research and training; and the adequacy of policy research available to the Federal government and possible improvements.The Commission must submit to the President and the proper Congressional committees recommendations and possible legisla- tive proposals effecting needed program changes.Conference agreement

This provision was dropped from the Reconciliation bill be- cause it violates the Byrd Rule (section 313 of Congressional Budg- et Act of 1974).Present lawNot applicable.House billNo provision.C. MEMBERSHIP

Senate amendmentPresent law House bill1753The Commission is to be composed of 15 members, appointed by the President and Congressional leadership. Members are to be chosen based on their education, training or experience, with consideration for representing the diversity of individuals with disabilities in the U.S.The Comptroller General must serve as an ex officio member of the Commission to advise on the methodology of the study. With the exception of the Comptroller General, no officer or employee of any government may serve on the Commission.Members are to be appointed not later than 60 days after enactment. Members serve for the life of the Commission, which will be headquartered in D.C. and meet at least quarterly.The Senate amendment includes a number of specific requirements on the Commission regarding quorums, the naming of chair- persons, member replacement, and benefits.Conference agreementThis provision was dropped from the Reconciliation bill be- cause it violates the Byrd Rule (section 313 of Congressional Budg- et Act of 1974).D. STAFF AND SUPPORT SERVICES Not applicable.No provision.Senate amendmentThe Commission will have a director, appointed by the Chair, and appropriate staff, resources, and facilities.Conference agreementThis provision was dropped from the Reconciliation bill be- cause it violates the Byrd Rule (section 313 of Congressional Budg- et Act of 1974).Present lawNot applicable.House billNo provision.Senate amendmentE. POWERS

The Commission may conduct public hearings and obtain infor- mation from Federal agencies necessary to perform its duties.

Conference agreementPresent lawNot applicable.House billNo provision.Senate amendment1754This provision was dropped from the Reconciliation bill be- cause it violates the Byrd Rule (section 313 of Congressional Budg- et Act of 1974).F. REPORTSThe Commission must issue an interim report to Congress and the President not later than 1 year prior to terminating. A final public report must be submitted prior to termination.Conference agreementThis provision was dropped from the Reconciliation bill be- cause it violates the Byrd Rule (section 313 of Congressional Budg- et Act of 1974).Present lawNot applicable.House billNo provision.Senate amendmentG. TERMINATIONThe Commission will terminate 2 years after first having met and named a chair and vice chair.Conference agreementThis provision was dropped from the Reconciliation bill be- cause it violates the Byrd Rule (section 313 of Congressional Budg- et Act of 1974).CHAPTER 6—RETIREMENT AGE ELIGIBILITY13. ELIGIBILITY FOR SSI BENEFITS BASED ON SOCIAL SECURITY RETIREMENT AGEPresent lawThe SSI program guarantees a minimum level of cash income to all aged, blind, or disabled persons with limited resources. The SSI program defines ‘‘aged’’ as persons age 65 and older.House billNo provision.

Senate amendment1755The Senate amendment deletes references to age 65 and in- stead defines as ‘‘aged’’ those persons who reach ‘‘retirement

age’’ as defined by the Social Security program. The Social Security ‘‘retirement age’’—the age at which retired workers receive benefits that are not reduced for ‘‘early retirement’’—gradually will rise from 65 to 67. It will do so in two steps. First, the retirement age will increase by 2 months for each year that a person was born after 1937, until it reaches age 66 for those born in 1943 (i.e., those who attain age 66 in 2009). Second, it will again increase by 2 months for each year that a person was born after 1954 until it reaches age 67 for those born after 1959.Conference agreementThis provision was dropped from the Reconciliation bill be- cause it violates the Byrd Rule (section 313 of Congressional Budg- et Act of 1974).

MISCELLANEOUS PROVISIONS

FOREIGN AFFAIRS AND RELATED PROVISIONS

FOREIGN AFFAIRS AGENCIES CONSOLIDATION

House bill

Section 6002 of the House bill would have enacted into law division A of H.R. 1561, the Foreign Affairs Agencies Consolidation Act of 1995. The Act reforms the foreign affairs institutions that have grown up over the last forty years and adapts them to the requirements of the post-Cold Ware era.

Senate amendment

The Senate amendment contained no comparable provision.

Conference agreement

The conferences concluded that the application of the Byrd Rule (section 313 of the Congressional Budget Act) against the relevant provision of the House bill could not be avoided if reported as part of the conference agreement and, accordingly, agreed to omit the provision from the conference agreement.

CUBAN LIBERTY AND DEMOCRATIC SOLIDARITY (LIBERTAD) ACT OF 1995

House bill

The House bill would have enacted legislation identical to H.R. 927, as passed by the House of Representatives. H.R. 927 would reaffirm the U.S. policy continuing the economic and political isolation of the Castro regime and would protect the property interests of U.S. citizens whose property was confiscated by that regime. The bill would also have required immediate planning for U.S. support for a democratic transition in Cuba.

Senate amendment

Senate amendment contained no comparable provision.


The conferences concluded that the application of the Byrd Rule (section 313 of the Congressional Budget Act) against the relevant provision of the House bill could not be avoided if reported as part of the conference agreement and, accordingly, agreed to omit the provision from the conference agreement.

LEASE-PURCHASE

The House bill contained no comparable provision.

House bill

The House bill contained no comparable provision.

Senate amendment

The Senate amendment would authorize the Department of State to acquire housing and other facilities overseas through lease-purchase arrangements. Authority is granted only within appropriated amounts and upon certification that the arrangement will result in less cost than direct purchase or construction.


The conferences concluded that this provision would likely be subject to the application of the Byrd Rule (section 313 of the Congressional Budget Act) and, accordingly, agreed to omit the provision from the conference agreement.

BUDGET ENFORCEMENT DISCRETIONARY SPENDING LIMITS

House bill

Reduces the discretionary spending limits from current law levels for fiscal years 1996, 1997, and 1998. Extends spending limits through fiscal year 2002. Further reduces spending limits by $12 billion for 1997-2002 levels in budget resolution conference report.

Senate amendment

There is no comparable provision in the Senate amendment.


House recedes to Senate. Language would violate the Byrd Rule.

CRIME TRUST FUND SPENDING LEVELS

House bill

Reduces spending limits for programs authorized by last year’s crime bill, P.L. 103-322, in fiscal years 1996, 1997, 1998. The bill also extends enforcement of the spending limit on these programs through fiscal year 2000.

Senate amendment




SPECIAL ADJUSTMENT

House bill

Eliminates special adjustment in the discretionary spending limits for changes in inflation.

Senate amendment




PAYGO EXTENSION

House bill

Permanently extends PAY-AS-YOU-GO requirements for entitlement and legislation. Specifies that PAYGO requirements for any bill extend for four years after the date of enactment.

Senate amendment




DISCRETIONARY SPENDING ADJUSTMENT FOR H.R. 4

House bill

Provides adjustment in the discretionary spending limits to accommodate funding for two categorical grants that would be subject to appropriations in the House-passed welfare reform bill, H.R. 4, but were previously funded as entitlement (outside the discretionary spending limits). Adjustment provides the Appropriations Committee with the necessary resources to fund the program while guaranteeing that the funds will actually be used for the specified welfare programs.

Senate amendment




House bill

CHAMPUS SEQUESTRATION EXEMPTION

Allows President to effectively exempt from sequestration personnel accounts used to fund CHAMPUS (the account would be subject to sequestration, but could be replenished with funds from other DoD accounts).

Senate amendment




SEQUESTRATION OF DOD ACCOUNTS

House bill

Specifies that any sequester effecting DoD accounts be across the accounts identified in the DoD appropriations bill.

Senate amendment




DIRECT STUDENT LOAN SCORING

House bill

Puts direct student loans and loan guarantees on an equivalent budgetary basis by stipulating that the administrative costs of direct student loan must be included in the cost estimates used to enforce PAYGO and the discretionary spending limits.

Senate amendment




RELATIONSHIP OF DISCRETIONARY SPENDING AND PAYGO

House bill

Provides that in the 104th Congress any reduction in the discretionary spending limits shall be treated as a reduction in the deficit under PAYGO procedures. Effectively allows the revenue loss from tax cuts to be offset, in part, by a reduction in discretionary spending.

Senate amendment


Conference agreementHouse recedes to Senate. Language would violate the Byrd Rule.

MEDICARE SAVINGS PRECLUDED FROM PAYGO

House bill

Provides that none of the savings from Medicare reforms can be counted for PAYGO purposes. Effectively precludes using the deficit reduction resulting from Medicare changes to offset the revenue loss from the tax cuts.

Senate amendment



House recedes to the Senate. Language would violate the Byrd Rule.

GENERATIONAL ACCOUNTING

House bill

There is no comparable provision in the House bill.

Senate amendment

Requires the President’s Budget to include an analysis of the generational accounting consequences of the budget.


Senate recedes to the House. Language would violate the Byrd Rule.

bba95-sybbra-budget-provisions-only file · web viewh. r. 2517. to provide for reconciliation...

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