I'm going to tackle several issues here pertaining to the federal budget. Most will come across as somewhat simplistic, if for no other reason than because very few topics related to the budget can be given due explanation and analysis in a blog post (or in a newscast or with a poster board on a street corner).
Some have wondered why the President and lawmakers keep referring to several versions of the health care bill in Congress. This relates to this year's Congressional budget resolution for fiscal year 2010 (FY 2010) which begins on October 1. The budget resolution, which is (usually) passed each year after both houses of Congress agree on its provisions, sets a framework for drawing up the various appropriations bills and other budget-related bills for the coming fiscal year, including limits on revenue and spending. As a resolution (not a bill), the document does not go to the President for signature/veto.
This year's Concurrent Resolution on the Budget for FY 2010 (S.Con.Res. 13) is relatively standard as far as budget resolutions go. The tie in here, however, relates to Title II, Reconciliation. Title II includes two sections that address reconciliation in the Senate and House, respectively.
Without digging too deep into the whys and hows of reconciliation, this legislative maneuver originally had noble underpinnings to help reduce the deficit, and thus the national debt. A reconciliation instruction in a budget resolution usually comprises three items: the committee that will introduce a bill, the date by which the bill must be introduced, and the dollar amount by which the bill must reduce the deficit. Go check out this year's budget resolution for FY 2010 at the
Government Printing Office website. The takeaway here is that reconciliation, rooted in the language of 1974's Congressional Budget Act, is meant to focus legislators on enacting measures that reduce the budget deficit.
Reconciliation is an important legislative maneuver, particularly in the Senate. A lot of people think that all legislation in the Senate requires a 3/5, or super majority to pass (i.e., 60 senators). In fact, most routine legislation requires only a simple majority to pass. It is the vote to end debate on the measure (or cloture) that requires 60. A bill introduced under reconciliation instructions is automatically subject to limited debate, thus the super majority vote for cloture does not come into play, and the measure can be put to a simple floor vote with 51 votes earning passage.
Now that you have reviewed Title II of the FY 2010 budget resolution, you see the reconciliation instructions. You also see that a total of five congressional committees, two in the Senate (Finance and HELP), and three in the House (Energy & Commerce, Ways & Means, Education & Labor) have instructions to report changes in laws to reduce the deficit by $1 billion for the fiscal years 2009-2014. This is why various versions of health reform have been discussed on the Hill and in the news. The Senate Finance Committee will be the last to bring their version to the party.
Let's take this a bit further. While the language of the budget resolution made the option available, the House and Senate are not required to introduce the bills related to health care under rules of reconciliation, which we discussed would avoid the need for 60 votes in the Senate to close off debate. Reconciliation is not likely on the minds of many Democratic Senators, anyway, as the rules of reconciliation prohibit measures that are extraneous to the goal of deficit reduction. That means if Senate Democrats want to insert a measure into a bill introduced under reconciliation that requires all American citizens to carry health insurance, the Republicans would call a point of order, as that measure alone does not contribute to deficit reduction. Thus, the legislation is better left to non-reconciliation channels to avoid the inevitable arguments over what constitutes deficit reduction.
Now a couple of interesting side notes about reconciliation. When the reconciliation language was introduced in the FY 2010 budget resolution, Republicans complained loudly about Democrats setting themselves up to "ram through" this legislation. A number of conservative media outlets would have us believe that Republicans would never stoop to such despicable gaming of the system. In fact, both sides of the aisle have used reconciliation to get measures through the Senate since 1980.
During the 2000s, Congress used reconciliation to enact major tax reduction measures. The immediate question you should ask is, "If reconciliation is supposed to lower the deficit, how can it be used to enact tax cuts?" Good question.
One part of the answer relates to sunset provisions. A 1985 amendment to the rules of reconciliation (championed by West Virginia Senator Robert Byrd and thus known as the
Byrd Rule) prohibits reconciliation legislation from decreasing revenues or increasing outlays within a particular window. So, if a President and Congress want to enact tax cuts, and want to get the measure through the Senate without threat of a filibuster (i.e., endless debate needing 60 votes to overcome), just introduce the measure under reconciliation and insert a sunset provision that would have the tax cuts go away somewhere down the road. On paper, this has the profile of revenues spike back up in the future, and thus the aggregate of revenue minuses (in the near years) and plusses (in the out years) come out as one, deficit-neutral projection. This keeps the other side of the aisle from raising a point of order against the reconciliation legislation.
What do you think about using reconciliation to help enact revenue-reducing measures today by eliminating, on paper, those measures at some time down the road? Should a Democratic President be vilified for raising taxes if he does nothing but allow sunset provisions, signed into law by the previous Republican President, to take effect? I do not ask this as a politically-loaded question, and I ask you to avoid considering it through a partisan lens. This is a question that you might not otherwise consider while reading your news source of choice.
Finally...Should the Senate introduce its version of health care reform under rules of reconciliation? Do the sweeping measures that will inevitably be considered in any version of health care reform fall within reconciliation's narrow scope, or does reconciliation offer a convenient way to avoid garnering 60 Senate votes? While I think the answer on the Hill to both of these questions is already "no," keep this in the back of your mind as the debate progresses.
And as sunset provisions come into effect in the very near term, remember how reconciliation language got us there.