HOUSE AND SENATE CONSIDERATION

The Budget Act specifies that Congressional action on reconciliation legislation should be completed by June 15. It provides specific expedited procedures and restrictions for floor consideration of reconciliation measures, to ensure timely completion. In the House, reconciliation legislation is normally brought from the Budget Committee to the Rules Committee, which grants a special rule governing floor consideration of the measure. Under the Budget Act, and traditionally under these special rules, no amendment is in order that would increase spending or decrease revenue levels relative to the base bill without equivalent decreases in spending or increases in revenues. In other words, amendments must be deficit neutral. Also, non-germane amendments may not be offered to the package absent a waiver from the Rules Committee.

In the Senate, total debate on a reconciliation bill is limited to 20 hours, although the actual time for consideration of the omnibus package often exceeds this time limit set in the Budget Act. Motions and amendments may be offered and considered without debate at the end of this time period. There are also restrictions on the content of a reconciliation package and on the amendments which may be offered to it. For example, any amendment to the bill that is not germane, would add extraneous material, would cause deficit levels to increase, or that contain recommendations with respect to the Social Security program, is not in order. The Budget Act also maintains that reconciliation provisions must be related to reconciling the budget. For example, section 313 of the Budget Act, more commonly known as the "Byrd Rule", provides a point of order in the Senate against extraneous matter in reconciliation bills. Determining what is extraneous is often a procedural and political quagmire navigated in part by the Senate Parliamentarian. The Byrd Rule and other points of order in the Budget Act may only be waived in the Senate by a three-fifths vote. Furthermore, the Budget Act prevents reconciliation legislation from being filibustered on the Senate floor.

Once a reconciliation bill is passed in the House and Senate, Members of each body meet to work out their differences. A majority of the conferees on each panel must agree on a single version of the bill before it can be brought back to the full House and Senate for a vote on final passage. Approval of the conference agreement on the reconciliation legislation must be by a majority vote of both Houses. In the House, the conference report is usually given a special rule from the Rules Committee to govern floor consideration. In the Senate, the floor debate is governed by Senate rules and specific provisions of the Budget Act. In contrast to the concurrent budget resolution, a reconciliation bill is sent to the President for approval or disapproval.