Cyclopedia of Congressional Budget Law
Reconciliation Instruction From H. Con. Res. 71
Summary
From the Concurrent Resolution: H. Con. Res. 71 (115th Congress)
A reconciliation instruction in H. Con. Res. 71 is a rather confused example of reconciliation instructions — but a very good example of how reconciliation instructions should not be written. For those interested in good legislative drafting, this is not it.
The Senate included reconciliation instructions in their amendment to the House-passed version of H. Con. Res. 71, which included instructions to multiple committees, two committees in the Senate and two in the House. Under section 310 (CBA), this would necessitate each committee submitting its legislative text to the Budget Committee, which would then combine it and report it out without substantive revision.
This would would be inconvenient for the House since all the Leaders in the House wanted was a budget resolution to produce a reconciliation bill for the purpose of tax reform, and in the shortest time possible. Hence they wanted to dispose of the Budget Committee mark-up step, which costs time, at least a week. Hence the Senate amendment to H. Con. Res. 71 was itself amended, and included a section specifically for the House, which instead of directly amending the underlying House instruction, simply added a different single-committee instruction in a different title, with a provision indicating the inconsistent instruction in Title II applying to the House should be ignored, rendering the it a confused, poorly designed mess.
Once navigating the muddle, the elements are as follows:
1. A single instruction for the House Ways and Means Committee. The Senate has an instruction for two committees, but such a multi-committee bill is impossible for a tax bill since the House only has one committee directed — and revenue bills must originate in the House.
2. Increase the deficit by $1.5 trillion over ten years (from fiscal years 2018 through 2027). This may be a combination of outlays and revenue effects, since that is how the “deficit” is calculated.
3. Report to the House by November 13, 2017. Reporting and Submission dates are not enforceable and do not effect the status of bills which miss the date.
For more information about the fiscal year 2018 budget resolution, see Fiscal Year 2018 Budget Resolution – H. Con. Res. 71 (115th Congress)
TITLE II—RECONCILIATION
SEC. 2001. RECONCILIATION IN THE SENATE.
(a) Committee on Finance.—The Committee on Finance of the Senate shall report changes in laws within its jurisdiction that increase the deficit by not more than $1,500,000,000,000 for the period of fiscal years 2018 through 2027.
(b) Committee on Energy and Natural Resources.—The Committee on Energy and Natural Resources of the Senate shall report changes in laws within its jurisdiction to reduce the deficit by not less than $1,000,000,000 for the period of fiscal years 2018 through 2027.
(c) Submissions.—In the Senate, not later than November 13, 2017, the Committees named in subsections (a) and (b) shall submit their recommendations to the Committee on the Budget of the Senate. Upon receiving such recommendations, the Committee on the Budget of the Senate shall report to the Senate a reconciliation bill carrying out all such recommendations without any substantive revision.
Sec. 2002. Reconciliation in the house of representatives.[1]
(a) Committee on Ways and Means.—The Committee on Ways and Means of the House of Representatives shall submit changes in laws within its jurisdiction that increase the deficit by not more than $1,500,000,000,000 for the period of fiscal years 2018 through 2027.
(b) Committee on Natural Resources.—The Committee on Natural Resources of the House of Representatives shall submit changes in laws within its jurisdiction to reduce the deficit by not less than $1,000,000,000 for the period of fiscal years 2018 through 2027.
(c) Submissions.—In the House of Representatives, not later than November 13, 2017, the committees named in subsections (a) and (b) shall submit their recommendations to the Committee on the Budget of the House of Representatives to carry out this section.
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TITLE V—BUDGET PROCESS IN THE HOUSE OF REPRESENTATIVES
Subtitle A—Budget Enforcement
Sec. 5113. Modification of reconciliation in the house of representatives.
(a) In General.—Section 2002 shall have no force or effect.
(b) Reconciliation in the House of Representatives.—Not later than November 13, 2017, the Committee on Ways and Means of the House of Representatives shall report to the House of Representatives changes in laws within its jurisdiction that increase the deficit by not more than $1,500,000,000,000 for the period of fiscal years 2018 through 2027.[2]
[1] This section is rendered inapplicable by section 5113(b) of title V, which replaces it with a different reconciliation including a single directive to the Ways and Means Committee, to increase the deficit by $1.5 trillion over ten years.
[2] This subsection is the operative reconciliation instruction and replaces the section 2002 of Title II, which is in the same resolution but rendered inoperative by section 5113(a).
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