Reconciliation (Senate)
Encyclopedia
Reconciliation is a legislative process of the United States Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...

 intended to allow consideration of a budget bill with debate limited to twenty hours under Senate Rules
Standing Rules of the United States Senate
The Standing Rules of the Senate are the rules of order adopted by the United States Senate that govern its procedure. The Senate's power to establish rules derives from Article One, Section 5 of the United States Constitution: "Each House may determine the rules of its proceedings..."There are...

. Reconciliation also exists in the United States House of Representatives
United States House of Representatives
The United States House of Representatives is one of the two Houses of the United States Congress, the bicameral legislature which also includes the Senate.The composition and powers of the House are established in Article One of the Constitution...

, but because the House regularly passes rules that constrain debate and amendment, the process has had a less significant impact on that body.

A reconciliation instruction (Budget Reconciliation) is a provision in a budget resolution
Budget resolution
In the United States Congress, a budget resolution is a legislation in the form of a concurrent resolution setting forth the congressional budget. The budget resolution establishes various budget totals, allocations, entitlements, and may include reconciliation instructions to designated House or...

 directing one or more committees to submit legislation changing existing law in order to bring spending, revenues, or the debt-limit into conformity with the budget resolution. The instructions specify the committees to which they apply, indicate the appropriate dollar changes to be achieved, and usually provide a deadline by which the legislation is to be reported or submitted.

A reconciliation bill is one containing changes in law recommended pursuant to reconciliation instructions in a budget resolution
Budget resolution
In the United States Congress, a budget resolution is a legislation in the form of a concurrent resolution setting forth the congressional budget. The budget resolution establishes various budget totals, allocations, entitlements, and may include reconciliation instructions to designated House or...

. If the instructions pertain to only one committee
United States Congressional committee
A congressional committee is a legislative sub-organization in the United States Congress that handles a specific duty . Committee membership enables members to develop specialized knowledge of the matters under their jurisdiction...

 in a chamber, that committee reports the reconciliation bill. If the instructions pertain to more than one committee, the House Budget Committee
United States House Committee on the Budget
The U.S. House Committee on the Budget, commonly known as the House Budget Committee, is a standing committee of the United States House of Representatives, the lower house of Congress...

 reports an omnibus reconciliation bill, but it may not make substantive changes in the recommendations of the other committees.

Legislative history

Reconciliation came from the Congressional Budget Act of 1974
Congressional Budget and Impoundment Control Act of 1974
The Congressional Budget and Impoundment Control Act of 1974 is a United States federal law that governs the role of the Congress in the United States budget process.-The Congressional budget process:...

. Reconciliation developed into a prominent procedure for implementing the policy decisions and assumptions embraced in a budget resolution, in a way that was unforeseen when the Budget Act was written. Under the original design of the Budget Act, reconciliation had a fairly narrow purpose. It was expected to be used together with the second resolution adopted in the fall, and was to apply to a single fiscal year and be directed primarily at spending and revenue legislation acted on between the adoption of the first and second budget resolutions.

Historical use

Although reconciliation was originally understood to be for the purpose of improving the government's fiscal position (reducing deficits or increasing surpluses), the language of the 1974 act referred only to "changes" in revenue and spending amounts; not specifically to increases or decreases. Former Parliamentarian
Parliamentarian of the United States Senate
The Parliamentarian of the United States Senate is the official advisor to the United States Senate on the interpretation of Standing Rules of the United States Senate and parliamentary procedure....

 of the Senate Robert Dove
Robert Dove
Robert B. Dove is a former Parliamentarian of the United States Senate and a professor of political science at George Washington University.He joined the Parliamentarian's office in 1966...

 has stated that reconciliation
Congress has used the procedure to enact omnibus budget bills, first in 1981. Between 1980 and 2009, 17 of 23 reconciliation bills have been signed into law by Republican presidents (a Republican was president for 20 of those 29 years). Since 1980, reconciliation has been used nine times when Republicans controlled both the House and the Senate, six times when Democrats controlled both the House and the Senate, one time when the Democrats controlled the Senate and the Republicans the House, and seven times when the Republicans controlled the Senate and the Democrats controlled the House. Reconciliation has been used at least once nominally for a non-budgetary purpose (for example, see the College Cost Reduction and Access Act of 2007, when a Republican was president and the Democrats controlled Congress). The 1986 Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) contained some health care provisions.

The Byrd Rule (as described below) was adopted in 1985 and amended in 1990. Its main effect has been to prohibit the use of reconciliation for provisions that would increase the deficit beyond 10 years after the reconciliation measure.

Congress used reconciliation to enact President Bill Clinton
Bill Clinton
William Jefferson "Bill" Clinton is an American politician who served as the 42nd President of the United States from 1993 to 2001. Inaugurated at age 46, he was the third-youngest president. He took office at the end of the Cold War, and was the first president of the baby boomer generation...

's 1993 (fiscal year 1994) budget. (See , .) Clinton wanted to use reconciliation to pass his 1993 health care plan, but Senator Robert Byrd
Robert Byrd
Robert Carlyle Byrd was a United States Senator from West Virginia. A member of the Democratic Party, Byrd served as a U.S. Representative from 1953 until 1959 and as a U.S. Senator from 1959 to 2010...

 insisted that the health care plan was out of bounds for a process that is theoretically about budgets.

In 1997 Congress passed the Taxpayer Relief Act of 1997
Taxpayer Relief Act of 1997
The Taxpayer Relief Act of 1997 reduced several federal taxes in the United States.Subject to certain phase-in rules, the top capital gains rate fell from 28% to 20%. The 15% bracket was lowered to 10%....

 which was a reconciliation bill that reduced taxes and hence increased the deficit, but was paired with the Balanced Budget Act of 1997
Balanced Budget Act of 1997
The Balanced Budget Act of 1997, , was signed into law on August 5, 1997. It was an omnibus legislative package enacted using the budget reconciliation process and designed to balance the federal budget by 2002....

 (H.R. 2014 and H.R. 2015 respectively), each signed by President Clinton. In 1999, the Congress for the first time used reconciliation to pass legislation that would increase deficits without a companion bill that reduced spending (and ignoring the bill from 1975): the Taxpayer Refund and Relief Act 1999. This act was passed when the Government was expected to run large surpluses: it was subsequently vetoed by President Bill Clinton
Bill Clinton
William Jefferson "Bill" Clinton is an American politician who served as the 42nd President of the United States from 1993 to 2001. Inaugurated at age 46, he was the third-youngest president. He took office at the end of the Cold War, and was the first president of the baby boomer generation...

. A similar situation happened in 2000, when the Senate again used reconciliation to pass the Marriage Tax Relief Reconciliation Act 2000, which was also vetoed by Clinton. At the time the use of the reconciliation procedure to pass such bills was controversial.

During the administration of President George W. Bush
George W. Bush
George Walker Bush is an American politician who served as the 43rd President of the United States, from 2001 to 2009. Before that, he was the 46th Governor of Texas, having served from 1995 to 2000....

, Congress used reconciliation to enact three major tax cuts. These tax cuts were set to lapse after 10 years to satisfy the Byrd Rule.

The Health Care and Education Reconciliation Act of 2010
Health Care and Education Reconciliation Act of 2010
The Health Care and Education Reconciliation Act of 2010 is a law that was enacted by the 111th United States Congress, by means of the reconciliation process, in order to amend the Patient Protection and Affordable Care Act...

  is a reconciliation bill passed by the 111th United States Congress
111th United States Congress
The One Hundred Eleventh United States Congress was the meeting of the legislative branch of the United States federal government from January 3, 2009 until January 3, 2011. It began during the last two weeks of the George W. Bush administration, with the remainder spanning the first two years of...

 to make changes to the Patient Protection and Affordable Care Act
Patient Protection and Affordable Care Act
The Patient Protection and Affordable Care Act is a United States federal statute signed into law by President Barack Obama on March 23, 2010. The law is the principal health care reform legislation of the 111th United States Congress...

. It was signed into law by President Barack Obama
Barack Obama
Barack Hussein Obama II is the 44th and current President of the United States. He is the first African American to hold the office. Obama previously served as a United States Senator from Illinois, from January 2005 until he resigned following his victory in the 2008 presidential election.Born in...

 on March 30, 2010.

Process

To trigger the reconciliation process, Congress passes a concurrent resolution
Concurrent resolution
A concurrent resolution is a resolution adopted by both houses of a bicameral legislature that lacks the force of law and does not require the approval of the chief executive.-United States Congress:...

 on the budget instructing one or more committees to report changes in law affecting the budget by a certain date. If the budget instructs more than one committee, then those committees send their recommendations to the Budget Committee
United States Senate Committee on the Budget
The United States Senate Committee on Budget was established by the Congressional Budget and Impoundment Control Act of 1974. It is responsible for drafting Congress's annual budget plan and monitoring action on the budget for the Federal Government. The committee has jurisdiction over the...

 of their House, and the Budget Committee packages the recommendations into a single omnibus bill. In the Senate, the reconciliation bill then gets only 20 hours of debate, and amendments are limited. Only one reconciliation bill can be passed in any given year.

Byrd Rule

Reconciliation generally involves legislation that changes the budget deficit (or conceivably, the surplus). The "Byrd Rule" ' onMouseout='HidePop("94472")' href="/topics/Robert_Byrd">Robert Byrd
Robert Byrd
Robert Carlyle Byrd was a United States Senator from West Virginia. A member of the Democratic Party, Byrd served as a U.S. Representative from 1953 until 1959 and as a U.S. Senator from 1959 to 2010...

) was adopted in 1985 and amended in 1990 to outline which provisions reconciliation can and cannot be used for. The Byrd Rule defines a provision to be "extraneous" (and therefore ineligible for reconciliation) in six cases:
  1. if it does not produce a change in outlays or revenues;
  2. if it produces an outlay increase or revenue decrease when the instructed committee is not in compliance with its instructions;
  3. if it is outside the jurisdiction of the committee that submitted the title or provision for inclusion in the reconciliation measure;
  4. if it produces a change in outlays or revenues which is merely incidental to the non-budgetary components of the provision;
  5. if it would increase the deficit for a fiscal year beyond those covered by the reconciliation measure, though the provisions in question may receive an exception if they in total in a Title of the measure net to a reduction in the deficit; and
  6. if it recommends changes in Social Security
    Social Security (United States)
    In the United States, Social Security refers to the federal Old-Age, Survivors, and Disability Insurance program.The original Social Security Act and the current version of the Act, as amended encompass several social welfare and social insurance programs...

    .


Any senator may raise a procedural objection to a provision believed to be extraneous, which will then be ruled on by the Presiding Officer
Presiding Officer of the United States Senate
The Presiding Officer is the person who presides over the United States Senate and is charged with maintaining order and decorum, recognizing members to speak, and interpreting the Senate's rules, practices and precedents...

, customarily on the advice of the Senate Parliamentarian
Parliamentarian of the United States Senate
The Parliamentarian of the United States Senate is the official advisor to the United States Senate on the interpretation of Standing Rules of the United States Senate and parliamentary procedure....

. A vote of 60 senators is required to overturn the ruling. The Presiding Officer need not necessarily follow the advice of the Parliamentarian, and the Parliamentarian can be replaced by the Senate Majority Leader
Party leaders of the United States Senate
The Senate Majority and Minority Leaders are two United States Senators who are elected by the party conferences that hold the majority and the minority respectively. These leaders serve as the chief Senate spokespeople for their parties and manage and schedule the legislative and executive...

.. However, this hasn't been done since 1975. Trent Lott
Trent Lott
Chester Trent Lott, Sr. , is a former United States Senator from Mississippi and has served in numerous leadership positions in the House of Representatives and the Senate....

, who was Senate Majority Leader at the time, fired the Senate parliamentarian in 2001 because of unfavorable rulings regarding the use of reconciliation to pass the Bush tax cuts
Economic Growth and Tax Relief Reconciliation Act of 2001
The Economic Growth and Tax Relief Reconciliation Act of 2001 , was a sweeping piece of tax legislation in the United States by President George W. Bush...

.

Examples

Reconciliation bills have included:
  • Omnibus Reconciliation Act of 1980, (1980)
  • Omnibus Budget Reconciliation Act of 1981, (1981)
  • Omnibus Budget Reconciliation Act of 1982, (1982)
  • Tax Equity and Fiscal Responsibility Act of 1982
    Tax Equity and Fiscal Responsibility Act of 1982
    The Tax Equity and Fiscal Responsibility Act of 1982 , also known as TEFRA, was a United States federal law that rescinded some of the effects of the Kemp-Roth Act passed the year before. As a result of ongoing recession, a short-term fall in tax revenue generated concern over the budget deficit...

     (TEFRA), (1982)
  • Omnibus Budget Reconciliation Act of 1983, (1984)
  • Deficit Reduction Act of 1984
    Deficit Reduction Act of 1984
    The Deficit Reduction Act of 1984 , also known as the DEFRA, was a federal law enacted in the United States in 1984. Originally part of the stalled Tax Reform Act of 1983, it was adjusted and reintroduced as the Tax Reform Act of 1984. After passing in the House, it was merged with the Senate...

     (DEFRA), (1984)
  • Consolidated Omnibus Budget Reconciliation Act of 1985
    Consolidated Omnibus Budget Reconciliation Act of 1985
    The Consolidated Omnibus Budget Reconciliation Act of 1985 is a law passed by the U.S. Congress on a reconciliation basis and signed by President Reagan that, among other things, mandates an insurance program giving some employees the ability to continue health insurance coverage after leaving...

     (COBRA), (1986)
  • Omnibus Budget Reconciliation Act of 1986, (1986)
  • Omnibus Budget Reconciliation Act of 1987
    Omnibus Budget Reconciliation Act of 1987
    The Omnibus Budget Reconciliation Act of 1987 was federal law that was enacted by the 100th United States Congress and signed into law by President Ronald Reagan.-Title I: Agriculture and Related Programs:...

    , (1987)
  • Omnibus Budget Reconciliation Act of 1989, (1989)
  • Omnibus Budget Reconciliation Act of 1990
    Omnibus Budget Reconciliation Act of 1990
    The Omnibus Budget Reconciliation Act of 1990 is a United States statute enacted pursuant to the budget reconciliation process to reduce the United States federal budget deficit....

    , (1990).
  • Omnibus Budget Reconciliation Act of 1993
    Omnibus Budget Reconciliation Act of 1993
    The Omnibus Budget Reconciliation Act of 1993 was federal law that was enacted by the 103rd United States Congress and signed into law by President Bill Clinton. It has also been referred to, unofficially, as the Deficit Reduction Act of 1993...

    , (1993).
  • Balanced Budget Act of 1995, (vetoed December 6, 1995)
  • Personal Responsibility and Work Opportunity Act, Pub.L. 104-193 (1996)
  • Balanced Budget Act of 1997
    Balanced Budget Act of 1997
    The Balanced Budget Act of 1997, , was signed into law on August 5, 1997. It was an omnibus legislative package enacted using the budget reconciliation process and designed to balance the federal budget by 2002....

    , (1997)
  • Taxpayer Relief Act of 1997
    Taxpayer Relief Act of 1997
    The Taxpayer Relief Act of 1997 reduced several federal taxes in the United States.Subject to certain phase-in rules, the top capital gains rate fell from 28% to 20%. The 15% bracket was lowered to 10%....

    , (1997)
  • Taxpayer Refund and Relief Act of 1999, (vetoed September 23, 1999)
  • Marriage Tax Relief Reconciliation Act of 2000, (vetoed August 5, 2000)
  • Economic Growth and Tax Relief Reconciliation Act of 2001
    Economic Growth and Tax Relief Reconciliation Act of 2001
    The Economic Growth and Tax Relief Reconciliation Act of 2001 , was a sweeping piece of tax legislation in the United States by President George W. Bush...

     (EGTRRA), (2001)
  • Jobs and Growth Tax Relief Reconciliation Act of 2003
    Jobs and Growth Tax Relief Reconciliation Act of 2003
    The Jobs and Growth Tax Relief Reconciliation Act of 2003 , was passed by the United States Congress on May 23, 2003 and signed into law by President George W. Bush on May 28, 2003...

    , (2003)
  • Deficit Reduction Act of 2005
    Deficit Reduction Act of 2005
    The Deficit Reduction Act of 2005 is a United States Act of Congress concerning the budget, that became law in 2006.-Legislative history:The Senate's version passed after a tie-breaking vote was cast by Vice President Dick Cheney. The bill passed the chamber with no Democrats and five Republicans...

    , (2006)
  • Tax Increase Prevention and Reconciliation Act of 2005
    Tax Increase Prevention and Reconciliation Act of 2005
    The Tax Increase Prevention and Reconciliation Act of 2005 was enacted on May 17, 2006.This bill prevents several tax provisions from sunseting in the near future. The two most notable pieces of the bill are the extension of the reduced tax rates on capital gains and dividends and extension of the...

     (TIPRA), (2006)
  • College Cost Reduction and Access Act of 2007, (2007)
  • Health Care and Education Reconciliation Act of 2010
    Health Care and Education Reconciliation Act of 2010
    The Health Care and Education Reconciliation Act of 2010 is a law that was enacted by the 111th United States Congress, by means of the reconciliation process, in order to amend the Patient Protection and Affordable Care Act...

    , (2010)

See also

  • Congressional Budget and Impoundment Control Act of 1974
    Congressional Budget and Impoundment Control Act of 1974
    The Congressional Budget and Impoundment Control Act of 1974 is a United States federal law that governs the role of the Congress in the United States budget process.-The Congressional budget process:...

  • Filibuster in the United States
  • Nuclear option
    Nuclear option
    In U.S. politics, the "nuclear option" allows the United States Senate to reinterpret a procedural rule by invoking the argument that the Constitution requires that the will of the majority be effective on specific Senate duties and procedures...


Further reading

  • Blumenthal, Paul. "A Brief History of Senate Reconciliation Votes", Sunlight Foundation
    Sunlight Foundation
    The Sunlight Foundation is a 501 educational organization founded in April 2006 with the goal of increasing transparency and accountability in the United States government....

    , March 3, 2010
  • Dauster, Bill. “The Day the Senate Died: Budget Measure Weakens Minority.” Roll Call
    Roll Call
    Roll Call is a newspaper published in Washington, D.C., United States, from Monday to Thursday when the United States Congress is in session and on Mondays only during recess. Roll Call reports news of legislative and political maneuverings on Capitol Hill, as well as political coverage of...

    , May 30, 1996, 5, reprinted in Congressional Record
    Congressional Record
    The Congressional Record is the official record of the proceedings and debates of the United States Congress. It is published by the United States Government Printing Office, and is issued daily when the United States Congress is in session. Indexes are issued approximately every two weeks...

     (June 12, 1996), vol. 142, S6135-36.
  • Dauster, Bill. "The Monster That Ate the United States Senate." Public Budgeting and Finance, vol. 18, no. 2 (Summer 1998): 87-93.
  • Frumin, Alan S.
    Alan Frumin
    -Career:A 1968 graduate of Colgate University in Hamilton, New York and Georgetown University Law Center, Frumin's entire career has been devoted to "directing parliamentary practice." He began in 1974 by editing Deschler's Precedents of the House of Representatives before joining the Senate...

     "Congressional Budget" in Riddick's Senate Procedure
    Riddick's Senate procedure
    In the United States Congress, Riddick's Senate Procedure is a Senate document containing the contemporary precedents and practices of the Senate. It was named after Senate Parliamentarian Emeritus Floyd Riddick, and is updated periodically by the Senate Parliamentarian.-References:*...

    , 502-642. Washington, D.C.: Government Printing Office
    United States Government Printing Office
    The United States Government Printing Office is an agency of the legislative branch of the United States federal government. The office prints documents produced by and for the federal government, including the Supreme Court, the Congress, the Executive Office of the President, executive...

    , 1992.
  • Keith, Robert, and Bill Henniff Jr. The Budget Reconciliation Process: House and Senate Procedures. Washington, D.C.: Congressional Research Service
    Congressional Research Service
    The Congressional Research Service , known as "Congress's think tank", is the public policy research arm of the United States Congress. As a legislative branch agency within the Library of Congress, CRS works exclusively and directly for Members of Congress, their Committees and staff on a...

    , 2005.
  • Keith, Robert. The Budget Reconciliation Process: The Senate’s “Byrd Rule” Washington, D.C.: Congressional Research Service, 2010.
  • Mann, Thomas E.
    Thomas E. Mann
    Thomas E. Mann is a political scientist, author, and pundit who works at the Brookings Institution. He primarily studies and speaks on elections in the United States, especially campaign finance reform...

    ; Norman J. Ornstein
    Norman J. Ornstein
    Norman J. Ornstein is a political scientist and resident scholar at the American Enterprise Institute , a conservative-leaning Washington D.C. think tank. Ornstein was born in Grand Rapids, Minnesota in 1948 and received his Ph.D. from the University of Michigan in 1974. He is married to Judith L...

    ; Raffaela Wakeman; and Fogelson-Lubliner. Reconciling With the Past with chart, The New York Times
    The New York Times
    The New York Times is an American daily newspaper founded and continuously published in New York City since 1851. The New York Times has won 106 Pulitzer Prizes, the most of any news organization...

    , March 6, 2010.
  • Smith, Hedrick
    Hedrick Smith
    Hedrick Smith is a Pulitzer Prize-winning former reporter and editor for The New York Times, an Emmy Award-winning producer/correspondent for the PBS show Frontline, and author of several books....

    . The Power Game. New York: Ballantine Books, 1988. ISBN 0-394-55447-7
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