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A Legislative History of “Obamacare”
John CannanResearch and Instructional Services LibrarianEarle Mack School of Law at Drexel University
R E P O R T
Brief background on passing legislation in U.S.
How new congressional procedures affect availability of legislative information
◦ Procedures used to pass Obamacare, e.g. Patient Protection & Affordable Care Act & Health Care & Education Reconciliation Act
Note: Both parties use procedure in similar ways
Talk Outline
Passing Legislation in the U.S.
4
Legislative Procedure: “Short Form”
Bill introduced
Referred to Committee
Reported to Floor
Reported to Other Chamber
Presented to President
•Hearing•Mark up•Report
•Debate•Amendments•Vote
Referred to Committee
Reported to Floor
Conference:• Chamber Differences
Resolved• Conference Report
Reported to Floors
•Hearing•Mark up•Report
•Debate•Amendments•Vote
Referred to Conference Committee
•Debate•Vote
Another Model of U.S. Legislative Procedure
House
Senate
•Education & Labor• Energy & Commerce•Ways & Means
Committees
Rules Committee
• Finance
Committees •Health, Education,
Labor & Pensions
•Budget
House Floor
Preservation of Access to Care for Medicare
Beneficiaries & Pension Relief Act
Senate Floor
House billPatient Protection & Affordable Care ActHealth Care and Education Reconciliation Act
Amendment between houses
Service Members
Home Ownership Tax Act
H.R. 3200
H.R. 4872
+ H. Res. 1203 + H. Res. 903
H.R. 3962
S. 1679
S. 1796
H.R. 3590
New Congressional Procedures, Legislative
Information & Obamacare• Committee Markup• House Rules Committee• Amendment Between the
Houses• Reconciliation
Purpose: To select, debate, amend and report legislation
Good News: More sources of committee work◦ Committee websites◦ C-Span◦ Youtube
Bad News: Markups not as substantive◦ More work done behind the scenes◦ No official record of these discussions◦ Have to rely on other sources, e.g. news
Committee Markup
George Miller (D-Cal.), House Education & Labor Committee
Henry Waxman (D-Cal.), House Energy & Commerce Committee
Charles Rangel (D-N.Y.),House Ways & Means CommitteeH.R. 3200,
America’s Affordable Health Choices Act
Blue Dog Revolt
H.R. 3200, as reported from Education & Labor
H.R. 3200, as reported from Ways & Means
H.R. 3200, as reported from Energy & Commerce
Nancy Pelosi, (D-Cal.) Speaker of the House
R E P O R T
R E P O R T
R E P O R T
+
+
+
Chairman’s mark S. 1679, Affordable Health Choices Act
Edward Kennedy (D-Mass.)
ChristopherDodd (D-Conn.)
MaxBaucus (D- Mont.)
• Draft• Chairman’s
mark• Amended
mark
S. 1796, America’s Healthy Future Act
Senate Health, Education, Labor & Pensions Committee (HELP)
Senate Finance Committee
Baucus Bingaman (D-N.M.)
Conrad (D-N.D.)
Enzi (R-Wyo.)
Snowe (R. Me.)
Grassley(R.- Iowa)
Mark up
Mark upR E P O R T
+
Committee hearings
Committee hearings
Group of Six
Purpose: Brings bills to Whole House and sets rules for floor debate◦ Rules:
Amount of time for debate Whether amendments can be offered and which ones
◦ Which bill to bring? Bill reported from committee Or completely different bill
◦ Procedure: House Resolution (H. Res.) Report
House Rules Committee
H.R. 3962, Affordable Health Care for America Act
Louise Slaughter (D.-N.Y.), House Rules Committee
R E P O R T
RULES RESOLUTION
House passes
H.R. 3200, reported from H. Education & Labor
H.R. 3200, reported from H. Ways & Means
H.R. 3200, reported from H. Energy & Commerce
+
Preservation of Access to Care for
Medicare Beneficiaries &
Pension Relief Act
H. Res. 903Three amendments:1. Manager’s amendment &
perfecting amendment (considered adopted)
2. Stupak Amendment (abortion)
3. Republican proposals
Pelosi
Purpose: Resolves differences between House and Senate versions of bill◦ Cut text from bill passed by other chamber◦ Paste in new text◦ Send back to other chamber◦ Repeat◦ Now favored means of achieving chamber
agreement
Result: ◦ No conference report◦ Can appear to combine unrelated bills
Amendment Between the Houses
S. 1679, Affordable Health Choices Act
America’s Healthy Future Act, S. 1796
Harry Reid (D-Nev.), Majority Leader
S. Amend. 2786 to H.R. 3590, Patient Protection & Affordable Care Act
SENATE AMENDMENT
H.R. 3590, Service Members Home Ownership Tax Act
Cloture (60 votes needed to open & close debate)
Senate floor
Dodd
Baucus
Purpose: Optional budget procedure to control direct (entitlement) spending◦ Expedited Senate procedure
Usually unlimited debate & 60 votes to pass Debate limit—20 hours Simple majority to pass
◦ Intended for deficit reduction, not implementing policy or cutting taxes
◦ Mostly used for implementing policy and cutting taxes Must be germane to budget
Result: ◦ Different procedure than traditional bill
Reconciliation
S. Con. Res 13 & Report: Budget resolution with reconciliation instructions
H. Education & Labor
H. Energy & Commerce
H. Ways & Means
S. HELP
S. Finance
John Spratt, H. Budget
Resolution R E P O R T
April, 2009 October, 2009
H.R. 3200, as reported from H. Education
H.R. 3200, as reported from H. Ways & Means
R E P O R T
R E P O R T
+
+ R E P O R T
H.R. 4872,Reconciliation Act of 2010
+
Student loan reform
March 2010
U.S. Code Congressional & Administrative News
H. Rules
ReidPelosi Obama
House Floor
Senate Floor
H.R. 4872,Reconciliation Act of 2010
H.R. 3590, Patient Protection & Affordable Care Act, as engrossed by Senate
H.R. 4872Health Care & Education Reconciliation Act of 2010
RULES RESOLUTION
+
R E P O R TObama
H. Res. 1203
H. Res. 1225
Technical amendments to text on loans
Two amendments to H.R. 4872 (considered adopted) :1. Amendment in
nature of substitute2. Amendment to
amendment
Problems:◦ Confusion◦ Alienation◦ Lack of legitimacy
Solutions: ◦ Change the process?◦ We are all parliamentarians now
Congressional Research Service reports: Not public but often available on web E.g. Law Librarians’ Society of DC, Selected Congressional Research Service
Reports on Congress and Its Procedures House and Senate rules
Available on http://www.gpo.gov/fdsys/ House and Senate precedents
Available on http://www.gpo.gov/fdsys/
Problem and Solutions
Recommended