BPLA (Contents)
Budget Process Law Annotated (1993)
Section 310
Congressional Budget and Impoundment Control Act of 1974
[pages 158-177]
reconciliation
Sec. 310.429 (a) Inclusion of Reconciliation Directives in Concurrent Resolutions on the Budget430.—A concurrent resolution on the budget for any fiscal year431, to the extent necessary to effectuate the provisions [p. 159] and requirements of such resolution, shall
(1) specify the total amount by which—
(A) new budget authority432 for such fiscal year;
(B) budget authority433 initially provided for prior fiscal years; [p. 160]
(C) new entitlement authority434 which is to become effective during such fiscal year; and
(D) credit authority435 for such fiscal year,
contained in laws, bills, and resolutions within the jurisdiction of a committee, is to be changed and direct that committee to determine and recommend change to accomplish a change of such total amount;
(2) specify the total amount by which revenues are to be changed and direct that the committees having jurisdiction436 to determine and recommend changes in the revenue laws, bills, and resolutions to accomplish a change of such total amount;
(3) specify the amounts by which the statutory limit on the public debt437 is to be changed and direct the [p. 161] committee having jurisdiction438 to recommend such change; or
(4) specify and direct any combination of the matters described in paragraphs (1),439 (2),440 and (3) (including a direction to achieve deficit reduction).441
[page 162 includes only text from Note #441]
[Notes to Subsection (a)]
429. Section 310 is codified as amended at 2 U.S.C. § 641 (1988 and Supp. IV 1992).
430. Section 201(b) of the Balanced Budget and Emergency Deficit Control Act of 1985 (see infra p. 413) revised subsections 310(a) and 310(b). Those subsections originally addressed reconciliation in the context of a second budget resolution. For the text of section 310(a) as enacted in 1974, see infra note 441 (at the end of this subsection).
Section 310 sets forth the reconciliation process in the context of Congress’s annual cycle of concurrent resolutions on the budget. See infra pp. 158-177. For other budget process legislation dealing with reconciliation, see section 300, supra p. 47 (budget timetable, including that for reconciliation); section 301(b)(2) and (3), supra pp. 58-60 (empowering budget resolutions to include reconciliation instructions, as well as a provision providing for delayed enrollment of legislation pending completion of reconciliation); section 305, supra pp. 120-142 (procedures for budget resolutions and reconciliation bills); section 313, infra pp. 198-228 (the Byrd Rule prohibiting extraneous matter in reconciliation); section 604, infra pp. 325-327 (providing an optional reconciliation process in the House of Representatives to make up the net losses created by tax-cutting legislation); section 904(c) and (d), infra pp. 361-368 (supermajority requirements for points of order and appeals, including those for reconciliation); Balanced Budget and Emergency Deficit Control Act of 1985 section 258C, infra pp. 658-662 (providing a special BBEDCA reconciliation process to achieve savings in lieu of an impending sequester); section 5 of Executive Order 12857, infra pp. 826-827[1] (reconciliation recommendations in special direct spending message); and section 16005 of H.R. 2264, 103d Cong., 1st Sess., 139 Cong. Rec. H3029, H3199-201 (daily ed. May 27, 1993) (as passed by the House of Representatives) as applied to the House by H. Res. 135, 103d Cong., 1st Sess., 139 Cong. Rec. H6122 (daily ed. Aug. 3, 1993)), infra pp. 844-848 (reconciliation procedures in response to special direct spending message).
431. No limitations apply to how many years may be covered by reconciliation instructions. 127 Cong. Rec. S2754 (1981); Senate Precedent PRL19810326-001 (Mar. 26, 1981) (Legis, Rules database). On March 26, 1981, during consideration of S. Con. Res. 9, the Third Concurrent Resolution on the Budget for Fiscal Year 1981, Senator Hatfield posed a series of parliamentary inquiries of the Chair (Senator Humphrey of New Hampshire):
Mr. Hatfield. Mr. President, if this present Budget Committee had desired to apply program reductions beyond the year 1983, and set target figures on those subsequent fiscal years – and let me cite a hypothetical situation, that they would want to set, say, program reductions, target figures, for 1984, 1985, 1986, 1987, 1988, 1989, 1990, up to the year 2000, would that have been within the power of the Budget Committee as interpreted by the Chair under the Budget Act?
The Presiding Officer. The issue is out-year reconciliations and on that issue the Budget Act itself is silent. The Senate chose to permit out-year budget reconciliation in a previous year. Therefore, the Chair would not be advised that a point of order would lie against out-year reconciliation instructions.
Mr. Robert C. Byrd addressed the Chair.
The Presiding Officer. The Chair had not quite finished – no matter what the year was. The Senator from Oregon has the Floor.
Mr. Hatfield. Do I understand that the Chair – I would be glad to yield to the minority leader, but I have to get this clear in my mind. I think I am in frequency with the Chair, I am not sure, but do I understand the Chair states there are no out-year limitations that would apply to a resolution of this kind, which is a subsequent resolution to the first concurrent resolution?
The Presiding Officer. Not in the Budget Act.
Id.
432. Section 3(2) defines “budget authority”. See supra pages 11-13.
433. Section 3(2) defines “budget authority”. See supra pages 11-13.
434. Section 3(9) (see supra p. 18) defines “entitlement authority” to mean that authority described in section 40l(c)(2)(C) (see infra p. 252).
435. Section 3(10) defines “credit authority”. See supra p. 19.
436. Rule XXV of the Standing Rules of the Senate provides (in relevant part):
(i) Committee on Finance, to which committee shall be referred all proposed legislation, messages, petitions, memorials, and other matters relating to the following subjects:
…
(8) Revenue measures generally, except as provided in the Congressional Budget Act of 1974.
Standing Rules of the Senate Rule XXV(1)(i)(8) (1992).
437. The public debt limit is set at 31 U.S.C. 3101 (Supp. III 1991), amended by the Omnibus Budget Reconciliation Act of 1993, Pub. L. 103-66, § 13411, 107 Stat. 312 (1993).
438. Rule XXV of the Standing Rules of the Senate provides (in relevant part):
(i) Committee on Finance, to which committee shall be referred all proposed legislation, messages, petitions, memorials, and other matters relating to the following subjects:
(1) Bonded debt of the United States, except as provided in the Congressional Budget Act of 1974.
Standing Rules of the Senate Rule XXV(i)(1) (1992).
439. See supra p. 159.
440. See supra p. 160.
440.[1] See the end of this section for pp. 826-827 (section 5 of E.O. 12857).
441. Section 13207(d) of the Budget Enforcement Act of 1990 added the parenthetical “(including a direction lo achieve deficit reduction)” so as to remove all doubt that a budget resolution may instruct a committee to achieve unspecified deficit reduction through reductions of either revenues or outlays, at the committee’s option. See infra p. 726.
The Chair will not look to the effect of reconciliation instructions, only to their form. See supra note 133.
Reconciliation instructions may not specify that the reporting committee must achieve its savings from certain types of programs or raise its revenues in specific ways. 128 Cong. Rec. SS506 (1982); Senate Precedent PRL19820519·002 (May 19, 1982) (Legis, Rules database) (inquiries of Sen. Dole); 131 Cong. Rec. S5863 (1985); Senate Precedent PRL19850509-007 (May 9, 1985) (Legis, Rules database) (inquiry of Sen. Helms regarding amendment by Sen. Bradley).
Nonetheless, pursuant to this paragraph and section 301(b)(4) (the “elastic clause”, see supra p. 60), budget resolutions have regularly instructed committees to achieve savings in categories not specifically enumerated in the listing in section 310(a). For example, budget resolutions regularly specify the amount by which reporting committees must reduce “outlays”. Similarly, budget resolutions regularly distinguish between spending as defined in section 401(c)(2)(C) and other spending. In several instances, as well, the Senate has passed budget resolutions that have included reconciliation instructions that specify increases in “contributions”. See S. Con. Res. 30, 101st Cong., 1st Sess., §§ 6(b), 6(c), 6(j) and 6(k) (1989) (Instructions to the Senate Committee on Agriculture, Nutrition, and Forestry, the Senate Committee on Banking and Housing and Urban Affairs, the House Committee on Agriculture, and the House Committee on Banking. PI’D8Dcc, and Urban Affairs); S. Con. Rea. 48, 100th Cong., 1st Sess., §§ 4(b) and 4(1) (1987) (instruction to the Senate Committee on Agriculture, Nutrition, and Forestry and the House Committee on Agriculture); S. Con. Res. 120, 99th Cong., 2d Sess., §§2(f) and 2(q) (1986) (instruction to the Senate Committee on Energy and Natural Resources and the House Committee on Energy and Commerce); S. Con. Res. 32, 99th Cong., 1st Sess., §§ 2(j) and 2(x) (1985) (instruction to the Senate Committee on Governmental Affairs and the House Committee on Post Office and Civil Service).
Section 201(b) or the Balanced Budget and Emergency Deficit Control Act of 1985 (see infra p. 413) revised subsection 310(a). That subsection originally addressed reconciliation in the context or a second budget resolution. As enacted in 1974, section 310(a) read:
Second Required Concurrent Resolution and Reconciliation Process
Sec. 310. (a) Reporting of Concurrent Resolution.—The Committee on the Budget of each House shall report to its House a concurrent resolution on the budget which reaffirms or revises the concurrent resolution on the budget most recently agreed to with respect to the fiscal year beginning on October 1 of such year. Any such concurrent resolution on the budget shall also, to the extent necessary—
(1) specify the total amount by which—
(A) new budget authority for such fiscal year;
(B) budget authority initially provided for prior fiscal years; and
(C) new spending authority described in section 401(c)(2)(C) which is to become effective during such fiscal year,
contained in laws, bills, and resolutions within the jurisdiction or a committee, is to be changed and direct that committee to determine and recommend changes to accomplish a change of such total amount;
(2) specify the total amount by which revenues are to be changed and direct that the committees having jurisdiction to determine and recommend changes in the revenue laws, bills, and resolutions to accomplish a change of such total amount;
(3) specify the amount by which the statutory limit on the public debt is to be changed and direct the committees having jurisdiction to recommend such change;
(4) specify and direct any combination of the matters described in paragraphs (1), (2), and (3).
Any such concurrent resolution may be reported, and the report accompanying it may be filed, in either House notwithstanding that that House is not in session on the day on which such concurrent resolution is reported.
[page 163]
[Subsection (b)]
(b) Legislative Procedure.—If a concurrent resolution containing directives to one or more committees to determine and recommend changes in laws, bills, or resolutions is agreed to in accordance with subsection (a),442 and
(1) only one committee of the House or the Senate is directed to determine and recommend changes, that committee shall promptly make such determination and recommendations and report to its House reconciliation legislation containing such recommendations; or
(2) more than one committee of the House or the Senate is directed to determine and recommend changes, each such committee so directed shall promptly make such determination and recommendations and submit443 such recommendations to the Committee on the Budget of its [p. 164] House, which, upon receiving all such recommendations,444 shall report to its House reconciliation legislation [p. 165] carrying out such recommendations without any substantive revision.
For purposes of this subsection, a reconciliation resolution is a concurrent resolution directing the Clerk of the House of Representatives or the Secretary of the Senate, as the case may be, to make specified changes in bills and resolutions which [p. 166] have not been enrolled.445
[Notes to Subsection (b)]
442. See supra pp. 158-161.
443. Committees must comply with the provisions of rule XXVI(7)(a) when submitting their recommendations under this section. Rule XXVI(7)(a)(1) provides (among other) that “no measure or matter or recommendation shall be reported from any committee unless a majority of the committee were physically present.” Standing Rules of the Senate Rule XXVI(7)(a)(1) (1992) (emphasis added). Rule XXVI(7)(a)(3) requires (among other things): “The vote of any committee to report a measure or matter shall require the concurrence of a majority of the members of the committee who are present.” Id. Rule XXV1(7)(a)(3).
444. The language imposes upon the Budget Committee the duty to report promptly when it receive “all such recommendations.” Thus, the Budget Committee may include in reconciliation legislation material reported to it after the deadline in the budget resolution’s reconciliation instructions, so long as the Budget Committee has not yet reported by the time the tardy committee reports. See 135 Cong. Rec. 812,589 (daily ed. Oct. 4, 1989) (statement of Budget Committee Chairman Sasser). The Chairman of the Budget Committee has put it this way:
Reconciliation Questions
Mr. Sasser. Mr. President. The distinguished Republican leader gave notice yesterday of his intent to propound four parliamentary inquiries of the Chair regarding the reconciliation process pursuant to the Congressional Budget Act of 1974. I rise today to address these inquiries from the perspective of the Committee on the Budget.
First, the Republican leader asks: “Can the Senate Budget Committee incorporate into the reconciliation bill, pursuant to the congressional budget resolution, material which was reported after August 4, 1989?”
Mr. President, from the perspective of the Committee on the Budget, the answer is “Yes”. Let me quote from the controlling statute, section 310(b) of the Congressional Budget Act: “the Committee on the Budget, … upon receiving all such recommendations, shall report to its House reconciliation legislation.”
Two things are worth noting about this statutory requirement. First, it is mandatory. The statute says the Budget Committee “shall” report. Second, it only comes into effect upon the happening of a contingency: “[Upon receiving all such recommendations.” The mandatory requirement for the Budget Committee to report only ripens when all instructed committees have reported.
Now what happens if the deadline for reporting reconciliation arrives and all committees have not reported? In this situation, we have to fall back on the Standing Rules of the Senate. Rule 25(e)(2) gives the Committee on the Budget jurisdiction over “matters required to be reported by it under titles III and IV of the Congressional Budget Act of 1974.” Now the reconciliation legislation is a “matter” under title III. It is a creature of section 310 of the Budget Act.
Under this rule, in the absence of specific constraints, the Budget Committee has jurisdiction over the reconciliation bill just as other committee have jurisdiction over other bills within their jurisdiction. Thus, after the deadline has passed, the Budget Committee may report out the reconciliation bill absent the contributions or the tardy committees, or the Budget Committee may wait for all committees to report. Only when all committees report, does the Budget Committee’s obligation ripen.
What becomes or the bill that includes a title that is reported late? This lateness is a factor that the Chair must take into account in determining whether the bill as a whole constitutes a reconciliation bill deserving or the procedural protections set forth in the statute. It is a factor, but I should think a rather minor factor when weighed along with whether the other requirements are met, that is whether the committees instructed have achieved deficit reduction or the right amount, whether they have done so in their jurisdiction, and whether provisions are otherwise extraneous or non-germane.
Should a title reported late be subject to any extraordinary remedies? We submit, no. The remedy for failure to comply with the amount or reconciliation instructions is that any Senator may rise and offer a motion to recommit with instructions to report back forthwith an amendment that would bring the title into complete compliance.
But could that remedy apply here? It would make no sense. There is no possible amendment that could make the committee’s title comply with the deadline for reporting recommendations.
There is no way it could be sent back and the dock turned back to make it comply with the time requirement.
Now, should the tardy committee be otherwise punished? The Committee on the Budget would respond no. There is sufficient sanction in the threat that the Budget Committee might report the reconciliation bill and the Senate might consider it without that committee’s title. In essence, the committee that reports in a tardy fashion, gambles on the patience or the Budget Committee and on the patience of the Senate leadership.
Id. (The Republican leader never propounded of the Chair the inquiries that he said he would.)
445. Pursuant to this paragraph and section 301(b)(3) (See supra p. 59), reconciliation provisions in a budget resolution may direct the development of a reconciliation resolution. Such a reconciliation resolution could direct the Clerk of the House or the Secretary of the Senate to revise certain bills on which enrollment has been delayed pursuant to a budget resolution provision requiring delayed enrollment. Section 301(b)(3) provides for delayed enrollment provisions. See supra p. 59 and note 154. Congress has not included this reconciliation resolution procedure in any budget resolution.[2]
[Subsection (c)]
(c) Compliance With Reconciliation Directions.446 [p. 167]—(1)447 Any committee of the House of Representatives or the Senate that is directed, pursuant to a concurrent resolution on the budget, to determine and recommend changes of the type described in paragraphs (1)448 and (2)449 of subsection (a) with respect to laws within its jurisdiction, shall be deemed to have complied with such directions—
(A)450 if –
(i)451 the amount of the changes of the type described in paragraph (1)452 of such subsection recommended by such committee do no exceed or fall below the amount of the changes such committee was directed by such concurrent resolution to recommend under such paragraph by more than 20 percent of the total of the amounts of the changes such committee was directed to make under paragraphs (1)453 and (2)454 of such subsection, and
(ii)455 the amount of the changes of the type [p. 168] described in paragraph (2)456 of such subsection recommended by subcommittee do no exceed or fall below the amount of the changes such committee was directed by such concurrent resolution to recommend under that paragraph by more than 20 percent of the total of the amounts of the changes such committee was directed to make under paragraphs (1)457 and (2)458 of such subsection, and
(B)459 if the total amount of the changes recommended by such committee is not less than the total of the amounts of the changes such committee was directed to make under paragraphs (1)460 and (2)461 of such subsection.462 [p. 169]
(2)(A)463 Upon the reporting to the Committee on the Budget of the Senate of a recommendation that shall be deemed to have complied with such directions solely by virtue of this subsection, the chairman of that committee may file with the Senate appropriately revised allocations under section 302(a)464 and revised functional levels and aggregates to carry out this subsection.
(B) Upon the submission to the Senate of a conference report recommending a reconciliation bill or resolution in which a committee shall be deemed to have complied with such directions solely by virtue of this subsection, the chairman of the Committee on the Budget of the Senate may file with the Senate appropriately revised allocations under section 302(a)465 and revised functional levels and aggregates to carry out this subsection.
(C) Allocations, functional levels, and aggregates revised pursuant to this paragraph shall be considered to be allocations, functional levels, and aggregates contained in the concurrent resolution on the budget pursuant to section 301.466
(D) Upon the filing of revised allocations pursuant to this paragraph, the reporting committee shall report revised allocations pursuant to section 302(b)467 to carry out this subsection [p. 170].
[Notes to Subsection (c)]
446. If a committee fails to comply with the reconciliation instructions in the budget resolution, it is in order for any Senator to offer a motion to recommit the reconciliation bill with instructions to report back forthwith with an amendment which need not be germane that achieves those savings. Senate Precedent PRL19810617-001 (June 17, 1981) (Legis, Rules database); see also Senate Committee on the Budget, Omnibus Reconciliation Act of 1981, S. Rep. 97-139, 97th Cong., 1st Sess. 11 (1981); Senate Committee on the Budget, Omnibus Reconciliation Act of 1982, S. Rep. 97-504, 97th Cong., 2d Sess. 6 (1982); Senate Committee on the Budget, Omnibus Reconciliation Act of 1983, S. Rep. No. 98-300, 98th Cong., 1st Sess. 5 (1983); Senate Committee on the Budget, Consolidated Omnibus Budget Reconciliation Act of 1985, S. Rep. 99-146, 99th Cong., 1st Sess. 5 (1985); Senate Committee on the Budget, Sixth Omnibus Budget Reconciliation Act, 1986, S. Rep. 99-348, 99th Cong., 2d Sess. 5 (1986). Thus, failure to comply causes the offending committee to lose the protection of the requirement of section 305(b)(2) (see supra p. 126 and note 352) that amendments be germane and may mean that another Senator will write the offending committee’s provisions on the floor. For the parallel enforcement mechanism in the House, see section 310(d)(5) see infra p. 172.
If a committee submits its reconciliation recommendations to the Budget Committee after the deadline that the budget resolution sets forth for submitting recommendations to the Budget Committee, and the Budget Committee nonetheless includes the tardy committee’s reconciliation recommendations in the reconciliation legislation that it reports, this extraordinary remedy is not available to remedy the failure of the committee to comply with the deadline. See 135 Cong. Rec. S12,589 (daily ed. Oct. 4, 1989) (statement of Budget Committee Chairman Sasser). For excerpts of the statement cited, see supra note 444.
As long as a preponderance of its subject matter has a budgetary impact, a reconciliation bill may contain non-budgetary amendments to substantive law, and still be protected under the Congressional Budget Act. 127 Cong. Rec. S6664 (1981); Senate Precedent PRL19810622-001 (June 22,1981) (Legis, Rules database) (statement of Majority Leader Baker[4]).
447. Section 13207(c)(1) of the Budget Enforcement Act of 1990 added the number (1) here. See infra p. 725.
448. That is, budget, entitlement, and credit authority. See supra p. 159.
449. That is, revenues. See supra p. 160.
450. Section13207(c)(3) of the Budget Enforcement Act of 1990 redesignated this subparagraph from (1) to (A). See infra p. 725.
451. Section 13207(c)(2) of the Budget Enforcement Act of 1990 redesignated this clause from (A) to (i). See infra p. 725.
452. That is, budget, entitlement, and credit authority. See supra p. 159.
453. That is, budget, entitlement, and credit authority. See supra p. 159.
454. That is, revenues. See supra p. 160.
455. Section 13207(c)(2) of the Budget Enforcement Act of 1990 redesignated this clause from (B) to (ii). See infra p. 725.
456. That is, revenues. See supra p. 160.
457. That is, budget, entitlement, and credit authority. See supra p. 159.
458. That is, revenues. See supra p. 160.
459. Section 13207(c)(3) of the Budget Enforcement Act of 1990 redesignated this subparagraph from (2) to (B). See infra p. 725.
460. That is, budget, entitlement, and credit authority. See supra p. 159.
461. That is, revenues. See supra p. 160.
462. Because to some extent this section makes outlays and revenues fungible, some refer to it as the “fungibility rule”.
For an example of the rule in operation, take the case of a budget resolution that instructs a committee to achieve $3 million in outlay reductions and $7 million in revenue increases, for a total of $10 million in deficit reduction. By virtue of this section, that committee may permissibly achieve outlay reductions as low as $1 million ($3 million minus 20 percent of $10 million, or $2 million), as long as it achieves a total of at least $10 million in deficit reduction by also achieving at least $9 million in revenues increases.
Alternatively, the committee may achieve revenue increases as low as $5 million ($7 million minus 20 percent of $10 million, or $2 million), as long as it achieves a total of at least $10 million in deficit reduction by also achieving outlay reductions of at least $5 million.
463. Section13207(c)(4) of the Budget Enforcement Act of 1990 added this paragraph. See infra p. 725. Prior to the enactment of the Budget Enforcement Act of 1990, the possibility existed that a committee might take advantage of section 310(c) only to find that points of order under section 302(f) impeded the progress of its legislation after the reconciliation act.
464. See supra pp. 88-90.
465. See supra pp. 88-90.
466. See supra pp. 50-87.
467. See supra pp. 90-91.
[Subsection (d)]
(d) Limitation of Amendments to Reconciliation Bills and Resolutions.468—
(1) It shall not be in order in the House of Representatives to consider any amendment to a reconciliation bill or reconciliation resolution469 if such amendment would have the effect of increasing any specific budget outlays470 above the level of such outlays provided in the bill or resolution (for the fiscal years covered by the reconciliation instructions set forth in the most recently agreed to concurrent resolution on the budget), or would have the effect of reducing any specific Federal revenues below the level of such revenues provided in the bill or resolution (for such fiscal years), unless such amendment makes at least an equivalent reduction in other specific budget outlays, an equivalent increase in other specific Federal revenues, or an equivalent combination thereof (for such fiscal years), except that a motion to strike a provision providing new budget authority471 or new entitlement authority472 may be in order. [p. 171]
(2) It shall not be in order473 in the Senate to consider any amendment474 to a reconciliation bill or reconciliation resolution475 if such amendment would have the effect of decreasing any specific budget outlay476 reductions below the level of such outlay reductions provided (for the fiscal years covered) in the reconciliation instructions which relate to such bill or resolution set forth in a resolution providing for reconciliation, or would have the effect of reducing Federal revenue increases below the level of such revenue increases provided (for such fiscal years) in such instructions relating to such bill or resolution, unless such amendment makes a reduction in other specific budget outlays, an increase in other specific Federal revenues, or a combination thereof (for such fiscal years) at least equivalent477 to any increase in outlays or decrease in revenues provided by such amendment, except that a motion to strike a provision shall always be in order.
(3) Paragraphs (1)478 and (2)479 shall not apply if [p. 172] a declaration of war by the Congress480 is in effect.
(4) For purposes of this section, the levels of budget outlays481 and Federal revenues for a fiscal year shall be determined on the basis of estimates made by the Committee on the Budget482 of the House of Representatives or of the Senate, as the case may be.
(5) The Committee on Rules of the House of Representatives may make in order amendments to achieve changes specified by reconciliation directives contained in a concurrent resolution on the budget if a committee or committees of the House fail to submit recommended changes to its Committee on the Budget pursuant to its instruction.483
[Notes to Subsection (d)]
468. Section 904(c) of the Congressional Budget Act (see infra pp. 361-363) and section 271(b) of the Balanced Budget and Emergency Deficit Control Act of 1985 (see infra p. 671) provide that the Senate may waive or suspend section 310(d) only by the affirmative vote of three-fifths of the Members, duly chosen and sworn that is, 60 Senators. Section 275(b) of the Balanced Budget and Emergency Deficit Control Act of 1985 provides that this supermajority requirement expires on September 30, 1995. See infra p. 690.
Note also the provisions for the suspension of section 310(d) under certain circumstances after the declaration of war or a recession pursuant to section 258 of the Balanced Budget and Emergency Deficit Control Act of 1985. See infra pp. 619-630.
469. Section 310(b) defines “reconciliation resolution”. See supra pp. 163-166. 470
470. Section 3(1) defines “budget outlays”. See supra page 11.
471. Section 3(2) defines “budget authority”. See supra pages 11-13.
472. Section 3(9) (see supra p. 18) defines “entitlement authority” to mean that authority described in section 401(c)(2)(C) (see infra p. 252).
473. Congressional Budget Act of 1974 prohibitions are not self-enforcing, and require points of order from the floor for their enforcement. Cf. supra note 293 (regarding section 303(a)).
474. An amendment is subject to points of order under the Congressional Budget Act even if the Senate has specified by unanimous consent that the amendment is one of the amendments in order and the yeas and nays have been ordered. Cf. supra note 295 (regarding section 303).
475. Section 310(b) defines “reconciliation resolution”. See supra pp. 163-166.
476. Section 3(1) defines “budget outlays”. See supra page 11.
477. The Congressional Budget Act makes no exception for violations of negligible amounts. Cf. infra note 520 (regarding section 311(a)).
478. See supra p. 170.
479. See supra p. 171.
480. The Constitution grants Congress the power “[t]o declare War.” U.S. Const. art. I, § 8, cl. 11.
Note also the provisions for the suspension of section 310(d) under certain circumstances after the declaration of war or a recession pursuant to section 258 of the Balanced Budget and Emergency Deficit Control Act of 1985. See infra pp. 619-630.
481. Section 3(1) defines “budget outlays”. See supra page 11.
482. This subsection reflects the normal scorekeeping convention that Congress turns to its Budget Committees to assess the costs of legislation. See also section 201(g), supra p. 32; section 302(g), supra p. 105; section 311(c), infra p. 194; section 313(e), infra p. 228; and section 258B(h)(4) of the Balanced Budget and Emergency Deficit Control Act of 1985, infra p. 650.
483. Compare the parallel sanctions for noncompliance in the Senate. See supra note 166.
[Subsection (e)]
(e) Procedure in the Senate.—
(1) Except as provided in paragraph (2),484 the provisions of section 305485 for the consideration in the Senate of concurrent resolutions on the budget and [p. 173] conference reports thereon shall also apply to the consideration in the Senate of reconciliation bills reported under subsection (b)486 and conference reports thereon.
(2) Debate in the Senate on any reconciliation bill reported under subsection (b),487 and all amendments thereto and debatable motions and appeals in connection therewith, shall be limited to not more than 20 hours.488
[Notes to Subsection (e)]
484. See infra p. 173.
485. See supra pp. 120-142.
486. See supra pp. 163-166.
487. See supra pp. 163-166.
488. In contrast, section 305(b)(1) limits debate on a concurrent resolution on the budget to 50 hours and debate on revisions of a budget resolution to 15 hours. See supra pp. 123-124.
[page 174]
[Subsection (f)]
(f)489 Completion of Reconciliation Process.—It shall not be in order in the House of Representatives490 to consider any resolution providing for an adjournment period of more than three calendar days during the month of July491 [p. 175] until the House of Representatives has completed action on the reconciliation legislation for the fiscal year beginning on October 1 of the calendar year to which the adjournment resolution pertains, if reconciliation legislation is required to be reported by the concurrent resolution on the budget for such [p. 176] fiscal year.
[Notes to Subsection (f)]
489. Section 13210(2) of the Budget Enforcement Act of 1990 amended section 310(o to repeal the explicit deadline for the completion of reconciliation. See infra p. 731. Congress honored the deadline in the breach. See infra note 491. Before enactment of the Budget Enforcement Act of 1990, section 310(f) read as follows (material that the Budget Enforcement Act of 1990 deleted appears in strikeout type):
(f) Completion of Reconciliation Proces.—
(1) In General.—Congress shall complete action on any reconciliation bill or resolution reported under subsection (b) not later than July 15 of each year.
(2) Point of Order in the House of Representatives.—It shall not be in order in the House of Representatives to consider any resolution providing for an adjournment period of more than three calendar days during the month of July until the House of Representatives has completed action on the reconciliation legislation for the fiscal year beginning on October 1 of the calendar year to which the adjournment resolution pertains, if reconciliation legislation is required to be reported by the concurrent resolution on the budget for such fiscal year.
By virtue of a mistaken reference, section 904(c) lists section 310(0 (instead of section 310(g)) among the points of order requiring 60 votes to waive in the Senate. As the point of order applies only in the House, the reference makes absolutely no sense. See infra note 967.
490. Compare the parallel point of order in the House in connection with completion of all appropriations legislation in section 309. See supra p. 157.
491. Congress usually takes action on reconciliation bills well after the June deadline, as the following table illustrates. (Note that until the enactment of the Balanced Budget and Emergency Deficit Control Act of 1985, section 310(d) set forth a September 25 deadline.) On the subject of how long Congress takes on reconciliation, see generally Robert Keith and Edward Davis, Omnibus Budget Reconciliation Legislation: The Timing of Legislative Action (Aug. 2, 1993) (Congressional Research Service Report 93-706 GOV).
[The following is the adoption dates of all Reconciliation bills up to the date of the preparation of this BPLA Companion, which replaces the list include in the original BPLA. The original list may be found on page 175 of that document.]
List of Reconciliation Bills
Revenue Adjustment Act (94th Congress); December 17, 1975 (Vetoed H. Doc. 94-325).[3]
Omnibus Reconciliation Act of 1980 (96th Congress) P.L. 96-499, H. Con. Res. 307; December 5, 1980.
Omnibus Budget Reconciliation Act of 1981 (97th Congress) P.L. 97-35, H. Con. Res. 115; August 3, 1981.
Tax Equity and Fiscal Responsibility Act of 1982 (97th Congress) P.L. 97-248, S. Con. Res. 92.
Omnibus Budget Reconciliation Act of 1982 (97th Congress) P.L. 97-253, S. Con. Res. 92; September 8, 1982.
Omnibus Budget Reconciliation Act of 1983 (98th Congress) P.L. 98-270, H. Con. Res. 91; April 18, 1984.
Consolidated Omnibus Budget Reconciliation Act of 1985 (99th Congress) P.L. 99-272, S. Con. Res. 32; April 7, 1986.
Omnibus Budget Reconciliation Act of 1986 (99th Congress) P.L. 99-509, S. Con. Res. 120; October 21, 1986.
Omnibus Budget Reconciliation Act of 1987 (100th Congress) P.L. 100-203, H. Con. Res. 92; December 22, 1987.
Omnibus Budget Reconciliation Act of 1989 (P.L. 101-239) December 19, 1989.
Omnibus Budget Reconciliation Act of 1990 (101st Congress) P.L. 101-508, H. Con. Res. 310; November 05, 1990.
Omnibus Budget Reconciliation Act of 1993 (103rd Congress) P.L. 103-66; August 10, 1993.
Balanced Budget Act of 1995 (104th Congress; H.R. 2491) December 6, 1995 (vetoed).
Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (104th Congress) P.L. 104-193, H. Con. Res. 178; 08-22-96.
Taxpayer Relief Act of 1997 (105th Congress) P.L. 105-34, H. Con. Res. 84; August 5, 1997.
Balanced Budget Act of 1997 (105th Congress) P.L. 105-33, H. Con. Res. 84; August 5, 1997.
Taxpayer Refund and Relief Act of 1999 (106th Congress) H. Con. Res. 68; September 23, 1999 (Vetoed).
Marriage Tax Relief Reconciliation Act of 2000 (106th Congress; H.R. 4810) H. Con. Res. 290; August 5, 2000; (Vetoed; H. Doc. 106-291)).
Economic Growth and Tax Relief Reconciliation Act of 2001 (107th Congress) P.L. 107-16, H. Con. Res. 83; June 7, 2001.
Jobs and Growth Tax Relief Reconciliation Act of 2003 (107th Congress; H.R.7765) P.L. 108-27; May 28, 2003.
Deficit Reduction Act of 2005 (107th Congress; H.R.7765) P.L. 109-222; February 8, 2006.
Tax Increase Prevention and Reconciliation Act of 2005 (107th Congress) P.L. 109-222, H. Con. Res. 95; May 17, 2006.
College Cost Reduction and Access Act of 2007 (110th Congress) P.L. 110-84, S. Con. Res. 21; September 27, 2007.
Health Care and Education Reconciliation Act of 2010 (111th Congress) P.L. 111-152, S. Con. Res. 13; March 30, 2010.
Restoring Americans’ Healthcare Freedom Reconciliation Act of 2015 (114th Congress) January 8, 2016. (Vetoed H. Doc. 114-91).[4]
[Subsection (g)]
(g) Limitation on Changes to the Social Security Act.492—Notwithstanding any other provision of law, it shall not be in order493 in the Senate or the House of Representatives to consider any reconciliation bill or reconciliation resolution494 reported495 pursuant to a concurrent resolution on the budget agreed to under section 301496 or 304,497 or a joint498 resolution [p. 177] pursuant to section 258C499 of the Balanced Budget and Emergency Deficit Control Act of 1985, or any amendment thereto500 or conference report thereon, that contains recommendations with respect to the old-age, survivors, and disability insurance program established under title II501 of the Social Security Act.
[Notes to Subsection (g)]
492. Section 271(b) of the Balanced Budget and Emergency Deficit Control Act of 1985 provides that the Senate may waive or suspend section 310(g) only by the affirmative vote of three-fifths of the Members, duly chosen and sworn that is, 60 Senators. See infra p. 671. Section 275(b) of the Balanced Budget and Emergency Deficit Control Act of 1985 provides that this supermajority requirement expires on September 30, 1995. See infra p. 690. Congress intended to provide for this supermajority in section 904(c) of the Congressional Budget Act, but the Budget Enforcement Act of 1990 mistakenly amended section 904(c) to refer to section 310(0 instead of section 310(g). See infra note 967.
493. Congressional Budget Act prohibitions are not self-enforcing, and require points of order from the floor for their enforcement. Cf. supra note 293 (regarding section 303(a)).
494. Section 310(b) defines “reconciliation resolution”. See supra pp. 163-166.
495. Because section 310(g) does not contain the words “as reported” here, points of order under section 310(g) will apply to reconciliation bills and reconciliation resolutions as amended by amendments against which points of order would lie under section 310(g). Cf. infra note 514 (regarding the meaning of “as reported” in section 311(a)).
496. See supra pp. 50-87.
497. See supra pp. 117-119.
498. So that one could not read this language to apply to simple House resolutions setting forth rules, section 13112(a)(9) of the Budget Enforcement Act of 1990 added the word “joint” here. See infra p. 709.
499. See infra pp. 658-662.
Section 13112(a)(9) of the Budget Enforcement Act of 1990 changed this reference from “254(b)” to “258C” (see infra p. 709) to conform to changes made by other sections of the Budget Enforcement Act of 1990. Section 13101(a) of the Budget Enforcement Act of 1990 (see infra p. 701) repealed what used to be section 254(b) of the Balanced Budget and Emergency Deficit Control Act of 1985, which dealt with special fast-track reconciliation procedures in the Senate to substitute alternative means of deficit reduction for sequestration. Section 13101(g) of the Budget Enforcement Act of 1990 (see infra p. 706) added a new section 258C to the Balanced Budget and Emergency Deficit Control Act of 1985 (see infra pp. 658-662) that closely paralleled the old section 254(b). (For the text of what used to be section 254(b), see infra note 1740.)
500. An amendment is subject to points of order under the Congressional Budget Act even if the Senate has specified by unanimous consent that the amendment is one of the amendments in order and the yeas and nays have been ordered. Cf. supra note 295 (regarding section 303).
501. Title II of the Social Security Act is codified as amended at 42 U.S.C. §§ 401-433 (1988 and Supp. III 1991).
[End of page 177]
Counsel Notes
[1] See the end of this section for pp. 826-827 (section 5 of Executive Order 12857).
[2] Through the 114th Congress, no reconciliation resolution procedure has been included in any concurrent resolution on the budget.
[3] Many dispute the status of the Revenue Adjustment Act as a reconciliation measure. From 142 Cong. Rec. 11941, 104th Cong. 2d Sess., May 21, 1996, page Ernest Hollings.”[The Revenue Adjustment Act (H.R. 5559)] was not reconciliation. I know Senator Long could use language loosely from time to time. But that was not a reconciliation bill. We did not start reconciliation until December 1980.”
[4] The name “Restoring Americans’ Healthcare Freedom Reconciliation Act of 2015” was removed by Congress before it was approved and sent to the President, so formally it had no short title when it was vetoed.
[5] Senator Howard Baker was a Republican from Tennessee who served both as Majority and Minority Leader of U.S. Senate.
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Budget Counsel 