Public Laws
Public Law 99-272
Consolidated Omnibus Budget Reconciliation Act of 1985
Summary
Pub. L. 99-272 provided for reconciliation pursuant to section 2 of the first concurrent resolution on the budget for fiscal year 1986 (S. Con. Res. 32, 99th Congress). This Act included twenty titles (see short table of contents below), including title XX, Miscellanous Provisions, which included the first enacted version of the “Byrd Rule”, later enacted as section 313 of the Congressional Budget Act of 1974.
Statutes At Large Text: Pub. L. 99-272 – Consolidated Omnibus Budget Reconciliation Act of 1985 Text (100 Stat 82)
Conference Report (H. Rept. 99-453): Pub. L. 99-272 – COBRA 1985 H. Rept. 99-453
(Note: Joint Explanatory Statement of Managers does not include any material on section 20001 of the Act.)
Byrd Rule Provision: Section 20001 of COBRA 1985
Actions Taken: Legislative History of COBRA 1985
CRS Legislative History: Pub. L. 99-272 Consolidated Omnibus Budget Reconciliation Act of 1985 (Summary & Legislative History)
General Information
Public Law: Pub. L. 99-272
Stat. At Large: 100 Stat. 82
Enacted: Apr. 7, 1986
Bill Number: H.R. 3128 (99th Congress)
Sponsor: Rostenkowski, Dan, [D-IL-8]
Note: Included section 20001, the first enacted version of the Byrd Rule, which is important as it relates to Reconciliation legislation. It was later codified as section 313 of the Congressional Budget Act of 1974.
Applicable Text of Statute
Though COBRA 1985 had twenty titles in its entirety, title XX, which comprised only section 2001, is the most important from a budgetary legal standpoint since it included the first enacted version of the Byrd Rule. This was transferred, and amended, into the Congressional Budget Act of 1974 as section 313 by the Budget Enforcement Act of 1990. The COBRA 1985 section reads as follows:
TITLE XX – MISCELLANEOUS PROVISIONS
sec. 20001. miscellaneous provisions.
(a) When the Senate is considering a reconciliation bill or a reconciliation resolution pursuant to section 310 of the Congressional Budget Act of 1974, upon a point of order being made by any Senator against material extraneous to the instructions to a committee which is contained in any title or provision of the bill or resolution or offered as an amendment to the bill or resolution, and the point of order is sustained by the Chair, any part of said title or provision that contains material extraneous to the instructions to said Committee as defined in subsection (d) shall be deemed stricken from the bill and may not be offered as an amendment from the floor. An affirmative vote of three-fifths of the Members, duly chosen and sworn, shall be required to sustain an appeal of the ruling of the Chair on a point of order raised under this section, as well as to waive or suspend the provisions of this subsection.
(b) No motion to waive or suspend the requirement of section 305(b)(2) of the Congressional Budget Act of 1974, as it relates to germaneness with respect to a reconciliation bill or resolution, shall be agreed to unless supported by an affirmative vote of three-fifths of the Members, duly chosen and sworn, which super-majority shall be required to successfully appeal the ruling of the Chair on a point of order raised under that section, as well as to waive or suspend the provisions of this subsection.
(c) This section shall become effective on the date of enactment of this title and shall remain in effect until January 2, 1987.
(d)(1)(A) Except as provided in paragraph (2), a provision of a reconciliation bill or reconciliation resolution considered pursuant to section 310 of the Congressional Budget Act of 1974 shall be considered extraneous if such provision does not produce a change in outlays or revenues, including changes in outlays and revenues brought about by changes in the terms and conditions under which outlays are made or revenues are required to be collected; (B) any provision producing an increase in outlays or decrease in revenues shall be considered extraneous if the net effect of provisions reported by the Committee reporting the title containing the provision is that the Committee fails to achieve its reconciliation instructions;(C) a provision that is not in the jurisdiction of the Committee with jurisdiction over said title or provision shall be considered extraneous; (D) a provision shall be considered extraneous if it produces changes in outlays or revenues which are merely incidental to the non-budgetary components of the provision.
(2) A provision shall not be considered extraneous under (1)(A) above if: (A) it is designed to mitigate the direct effects clearly attributable to a provision changing outlays or revenues and both provisions together produce a net reduction in the deficit; (B) it will result in a substantial reduction in outlays or a substantial increase in revenues during fiscal years after the fiscal years covered by the reconciliation bill or reconciliation resolution; (C) a reduction of outlays or an increase in revenues is likely to occur as a result of the provision, in the event of new regulations authorized by the provision or likely to be proposed, court rulings on pending litigation, or relationships between economic indices and stipulated statutory triggers pertaining to the provision, other than the regulations, court rulings or relationships currently projected by the Congressional Budget Office for scorekeeping purposes; (D) such provision will be likely to produce a significant reduction in outlays or increase in revenues but, due to insufficient data, such reduction or increase cannot be reliably estimated .
Approved April 7, 1986.
Summary of Legislative History (CRS)
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Date |
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04/07/1986 |
Became Public Law No: 99-272. |
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04/07/1986 |
Signed by President. |
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04/01/1986 |
Presented to President. |
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03/20/1986 |
Resolving differences — House actions: House Receded and Concurred in the Senate Amendment to the House Amendment to the Senate Amendment to the House Amendment to the Senate Amendment by Yea-Nay Vote: 230-154 (Record Vote No. 66). |
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03/18/1986 |
Resolving differences — House actions: House Disagreed to Senate Amendments to House Amendments to Senate Amendments by Yea-Nay Vote: 331 – 76 (Record Vote No: 57). |
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03/14/1986 |
Resolving differences — Senate actions: Senate concurred in the House amendment to the Senate amendment to the House amendment to the Senate with an amendment (SP 1673, as amended) by Voice Vote. |
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03/06/1986 |
Resolving differences — House actions: House Receded from its Disagreement to Senate Amendment and Concurred with Amendment to Senate Amendment to House Amendment to Senate Amendment Pursuant to H.Res.390. |
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12/20/1985 |
Resolving differences — House actions: House Disagreed to Senate Amendments by Voice Vote. |
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12/19/1985 |
Resolving differences — House actions: House Receded and Concurred With an Amendment in Senate Amendments. |
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12/19/1985 |
Conference report disagreed to in House: House Disagreed to Conference Report Pursuant to H.Res.349. |
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12/19/1985 |
Resolving differences — Senate actions: Senate concurred in the House amendment to the Senate amendment with an amendment. By Voice Vote. |
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12/19/1985 |
Conference report agreed to in Senate: Senate agreed to conference report by Yea-Nay Vote. 78-1. Record Vote No: 379. |
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12/19/1985 |
Conference report filed: Conference Report 99-453 Filed in House. |
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12/19/1985 |
Conference committee actions: Conferees agreed to file conference report. |
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12/05/1985 |
Resolving differences — House actions: House Insisted on its Amendments by Unanimous Consent. |
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12/05/1985 |
Resolving differences — House actions: House Concurred, in Senate Amendments , with Amendments by Unanimous Consent. |
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11/14/1985 |
Passed/agreed to in Senate: Passed Senate in lieu of S. 1730 with an amendment and an amendment to the Title by Yea-Nay Vote. 93-6. Record Vote No: 314. |
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11/14/1985 |
Committee on Finance. Reported to Senate by Senator Packwood with an amendment in the nature of a substitute. Without written report. |
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10/31/1985 |
Passed/agreed to in House: Passed House (Amended) by Yea-Nay Vote: 245 – 174 (Record Vote No: 383). |
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09/11/1985 |
House Committee on Energy and Commerce Discharged by Motion. |
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09/11/1985 |
Reported to House (Amended) by House Committee on The Judiciary. Report No: 99-241 (Part III). |
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09/11/1985 |
Reported to House (Amended) by House Committee on Education and Labor. Report No: 99-241 (Part II). |
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07/31/1985 |
Reported to House by House Committee on Ways and Means. Report No: 99-241 (Part I). |
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07/31/1985 |
Introduced in House |
Table of Contents
Title I. Agriculture programs.
Title II. Armed services and defense-related programs. Title III. Housing and community development programs. Title IV. Transportation and related programs.
Title V. Corporation for Public Broadcasting and Federal Communications Commis· sion.
Title VI. Maritime, coastal zone, and related programs. Title VII. Energy and related programs.
Title VIII. Outer Continental Shelf and related programs.
Title IX.Medicare, Medicaid, and Maternal and Child Health programs. Title X. Private health insurance coverage.
Title Xl Single-employer plan termination insurance system amendments. Title XII. Income security and related programs.
Title XIII.Revenues, trade, and related programs. Title XIV.Revenue sharing.
Title XV. Civil service, postal service, and governmental affairs generally. Title XVT.Higher education programs.
Title XVII. Graduate Medical Education Council and technical amendments to the Public Health Service Act.
Title XVIII. Small business programs. Title XIX. Veterans’ programs.
Title XX. Miscellaneous provisions.
Budget Counsel 