Posted on 21 March 2010 by Mr. Harrington
It seems that Senate Republicans have found a provision in the current health care bill and in the Congressional Budget Act that makes the current bill ineligible for the reconciliation procedure.
Drudge initially reported:
FLASH: Senate Republicans found a provision in the new House health care bill that likely makes it ineligible for expedited ‘reconciliation’ procedures in the Senate. Dems refused to meet with GOP and Parliamentarian…. Developing….
He then linked here to a document released by Senate Republicans regarding the issue.
It seems that because there is a change to the Social Security Act–under certain legal restrictions–the use of reconciliation can not be used.
What it looks like is that Republicans have called out Democrats regarding the issue, but have been met with silence.
If the link is still dead, here is the text:
Breaking: “Fix” Bill May Not Advance In Senate
Senate Democrats Refuse Bi-partisan Meeting With Parliamentarian Until After House Votes
WASHINGTON DC – Senate Democrats have balked at a bi-partisan meeting with the Senate Parliamentarian to discuss a rule violation that could doom the entire House reconciliation proposal.
DON STEWART, McCONNELL SPOKESMAN: “Republicans have been trying to set up a meeting with Senate Democrats since yesterday to discuss this fatal point of order but have been met with nothing but silence. We suspect Democrats are slow walking us so as to have the House vote first. Since Senate Democrats refuse to meet with us and the Parliamentarian, we’ve informed our colleagues in the House that we believe the bill they’re now considering violates the clear language of Section 310g of the Congressional Budget Act, and the entire reconciliation bill is subject to a point of order and rejection in the Senate should it pass the House.”
BACKGROUND
DEMOCRAT LEADERSHIP RELEASE: “The Congressional Budget Office estimate of the health care legislation shows an increase in Social Security revenues… CBO projects that the resulting increase in wages will generate $29 billion in additional FICA contributions to the Social Security Trust Fund.” (“Health Care Reform Update,” Office of Rep. Steny Hoyer, 3/21/10)
CONGRESSIONAL BUDGET ACT: “LIMITATION ON CHANGES TO THE SOCIAL SECURITY ACT.—Notwithstanding any other provision of law, it shall not be in order in the Senate or the House of Representatives to consider any reconciliation bill or reconciliation resolution reported pursuant to a concurrent resolution on the budget agreed to under section 301 or 304, or a joint resolution pursuant to section 258C of the Balanced Budget and Emergency Deficit Control Act of 1985, or any amendment thereto or conference report thereon, that contains recommendations with respect to the old-age, survivors, and disability insurance program established under title II of the Social Security Act.” (Congressional Budget Act Of 1974, Sec. 310g, P. 31)
UPDATE: AllahPundit reports:
“The point of this move, of course, isn’t actually to derail the reconciliation bill in the Senate, it’s to frighten House Dems who are voting tonight that they might end up with Reid’s bill without a fix and therefore they should rethink their vote while they still have time.”