Why It Matters

A Congressional Research Service report, published July 29, reveals that lawmakers have significantly more flexibility to deploy one of the Senate's most powerful legislative tools than the chamber's own procedures have historically allowed, potentially reshaping how both parties advance major fiscal legislation.

The report explores how many times Congress can use the reconciliation process — the expedited parliamentary procedure that lets the Senate pass bills affecting taxes, spending, and the debt limit with just 51 votes instead of the 60 needed to overcome a filibuster. The findings suggest that procedural barriers long assumed to be firm constraints may be considerably more permeable than institutional practice has treated them.

The Senate Parliamentarian stated that there is no reason to believe that Section 304 cannot be used, perhaps serially, to revise the most recently adopted concurrent resolution.

The Big Picture

First, the Congressional Budget Act of 1974 requires Congress to complete a budget resolution by April 15 each year. The Senate Parliamentarian has interpreted Section 310(a) as limiting each budget resolution to no more than three reconciliation bills, one per category; this became known as the "three bites at the apple test."

However, the CRS report highlights a procedural opening that the Senate Parliamentarian has only recently recognized: Section 304 of the Budget Act allows Congress to revise or reaffirm a previously adopted budget resolution. In 2021, the Parliamentarian stated that a revised budget resolution adopted under Section 304 could include a new set of reconciliation instructions, triggering an additional round of reconciliation. More significantly, the Parliamentarian indicated that Section 304 could be used serially — meaning Congress could revise the budget resolution repeatedly throughout the year, each time triggering fresh reconciliation opportunities.

Section 304 resolutions also bypass the automatic committee discharge process, meaning they cannot be forced out of committee on a predetermined schedule. This gives the majority party flexibility in timing but removes a procedural safeguard that typically ensures committees have a deadline.

The Bottom Line

Congress retains discretion over whether to deploy Section 304 resolutions and how frequently. If the Senate majority begins using reconciliation three, four, or more times per year, it would represent a fundamental change in how Congress exercises its fiscal powers — and a further erosion of the minority's ability to influence major legislation.

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