Research Briefing

THE FACTS ON RECONCILIATION: TRADITIONALLY NOT A PARTISAN TACTIC

Despite Democrats’ Claims To Be Following Tradition, Record Shows Reconciliation Usually Reserved For Bills With Broad Bipartisan Support

“The misuse of the arcane process of reconciliation -- a process intended for deficit reduction -- to enact substantive policy changes is an undemocratic disservice to our people and to the Senate's institutional role. … [T]actics that ignore the means in pursuit of the ends are wrong when the outcome affects Americans' health and economic security.” (Sen. Robert Byrd (D-WV), “The End Of Bipartisanship For Obama’s Big Initiatives?” The Washington Post, 3/9/09)

OF 19 PAST RECONCILIATION BILLS ENACTED INTO LAW, 12 OF THEM WERE PASSED WITH MORE THAN 60 SENATE VOTES

• Omnibus Budget Reconciliation Act of 1980 (Passed 83-4)
• Omnibus Budget Reconciliation Act of 1981 (Passed 80-14)
• Omnibus Budget Reconciliation Act of 1982 (Passed 67-32)
• Omnibus Budget Reconciliation Act of 1983 (Passed 67-26)
• Consolidated Omnibus Budget Reconciliation Act of 1985 (Passed by Voice Vote)
• Omnibus Budget Reconciliation Act of 1986 (Passed 61-25)
• Omnibus Budget Reconciliation Act of 1987 (Passed 61-28)
• Omnibus Budget Reconciliation Act of 1989 (Passed by Voice Vote)
• Personal Responsibility and Work Opportunity Act of 1996 (Passed 78-21)
• Balanced Budget Act of 1997 (Passed 85-15)
• Taxpayer Relief Act of 1997 (Passed 92-8)
• College Cost Reduction and Access Act (Passed 79-12)

5 OF THOSE THAT DIDN’T STILL HAD BIPARTISAN SUPPORT

The Tax Equity and Fiscal Responsibility Act of 1982 Passed With 9 Democrat Votes In The Senate. (H.R. 4961, Conference Report Agreed To By The Senate, Record Vote #337, Passed 52-47; R: 43-11; D: 9-35; I: 0-1, 8/19/82)

The Omnibus Budget Reconciliation Act Of 1990 Passed With Substantial Party Switching In The Senate. (H.R. 5835, On The Conference Report, Roll Call # 326, Passed 54-45, R: 19-25; D: 35-20, 10/27/90)

The 2001 Bush Tax Cuts Had Twelve Democrat Votes In The Senate, And Broad Support In The American Public. (H.R. 1836, Roll Call Vote #170, Passed: 58-33; R 46-2; D 12-31; 5/26/01)

67% Of Americans Support The Bush Tax Cuts In 2001. “With the Congress apparently on the verge of passing one of the largest tax cuts in history, a new CNN/USA Today/Gallup poll finds Americans solidly in favor of including a substantial tax cut in this year's federal budget. … The poll --conducted this past weekend, May 18-20 -- shows that by a margin of 67% to 27%, Americans favor rather than oppose a substantial tax cut.” (David W. Moore, “Most Americans Favor Tax Cut,” Gallup, 5/22/01)

2003 Bush Tax Cuts Passed Through Reconciliation With Majority Support From The American Public. (H.R. 2, Roll Call Vote #196, Passed: 51-50; R 48-3; D 2-46; I 0-1; 5/23/03)

52% Of Americans Support The Bush Tax Cuts In 2003. “When asked specifically about the tax cuts Bush is proposing, 52% say they are a good idea at this time, while 41% say they are a bad idea. In just about two weeks, opinion has shifted on this issue. An April 22-23 CNN/USA Today/Gallup poll showed Americans, by a 47% to 42% margin, saying the tax cuts were a bad idea.” (Jeffrey M. Jones, “Americans Warming To Idea Of Bush Tax Cuts,” Gallup, 5/9/03)

Three Senate Democrats Voted With Republicans To Pass The Tax Increase Prevention and Reconciliation Act of 2005. (H.R. 4297, Roll Call #118, Passed: 54-44; R 51-3; D 3-40; I 0-1; 5/11/06)

ONLY 2 WERE SUFFICIENTLY CONTROVERSIAL TO GET NO VOTES ACROSS THE AISLE

The Omnibus Budget Reconciliation Act Of 1993 Was Passed Without A Single Republican Vote. (H.R. 2264, On The Conference Report, Roll Call #247, Passed 51-50, Gore Voted Yea, R:0-44; D: 50-6, 8/6/93)

The 2005 Deficit Reduction Act Passed With Only GOP Votes. (S. 1932, Roll Call Vote #363, Passed: 51-50; R 50-5; D 0-44; I 0-1; 12/21/05)