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

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+

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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

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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

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+ R E P O R T

H.R. 4872,Reconciliation Act of 2010

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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