If you had never heard of the differences between the US House and the US Senate in Washington, you are about to learn a lot about them in a very short time frame.
Based on initial news reports, a 'normal' (as in 'I have better things to do than hang onto every word uttered on MSNBC, FOX News or from the National Review every second of every day!') person would conclude that the Republican alternative to repeal and replace the ACA, aka 'Obamacare' was a 'total disaster of biblical proportions!'
Mainstream news folks were apoplectic. Democrats were scathing. Even members of the Republican Party were pronouncing the bill 'dead on arrival' just after being introduced early this week.
What the heck is going on here?
As we just said, the US House and the US Senate are about as different of two legislative bodies as you could imagine. At least as they can be in two western democratic republican forms of government, that is.
There are 3 stages to this roll-out (outlined below) by Speaker Paul Ryan and backed up by HHS Secretary Tom Price, who most recently was Chairman of the House Budget Committee which was the same committee a younger congressman named Paul Ryan chaired before becoming the Vice-Presidential nominee in 2012 and then becoming Speaker of the House.
It is fair to say 'they speak the same language'. And an archaic and byzantine language it is. If it was simple and could be conveyed in first-grade English, they would do that. But they are dealing with the rules of the US Senate which is anything but first-grade elementary school.
We had the benefit of serving 4 years on the House Budget Committee from 1991-1994 where a lot of this same language was explained enough times to start making sense after hearing it a couple of thousand times. We also had the benefit of serving in the US Senate as chief of staff to US Senator Elizabeth Dole where we learned the intricacies of parliamentary rules from former Senate parliamentarian Bob Dove who left us with this one axiom to always remember:
'In the US Senate, the only rule to remember is....there are no rules in the US Senate!'
Once you get that into your head, the proposed Republican health care alternative introduction and plan starts to make (some) sense.
Here's what that rollout plan appears to be based on public comments by Speaker Ryan and Secretary Price yesterday:
Just for educational and edification purposes, here are somewhat pedestrian translations of what the budget reconciliation process and the 'Byrd Rule' are, taken from some very good reports from the Congressional Research Service (CRS) (click through links to read more for yourself):
I. Budget Reconciliation
'The budget reconciliation process is part of the fiscal framework established by the Congressional Budget Act of 1974 (Titles I-IX of P.L. 93-344, 2 U.S.C. 601-688), as amended. The principal aim of this framework is to enhance Congress's coordination of spending, revenue, and debt limit legislation through the adoption and enforcement of a concurrent resolution on the budget (commonly referred to as the budget resolution). The budget reconciliation process, in particular, is intended to facilitate the consideration and enactment of legislation that implements, in whole or in part, the budget policies reflected in the budget resolution. Perhaps most significantly, the process establishes special procedures that have allowed the Senate to get to a vote on passage on budget reconciliation legislation without first having to demonstrate super-majority support (i.e., without invoking cloture with a three-fifths vote).
Translation into English: 'This is a way to get around the painful filibuster rules of the Senate so the majority party (Republicans now) can pass spending and tax law by simple majority vote of 50+1, not having to get to 60 to close debate'
Note: Republicans have 52 US Senators. Democrats have 46 plus 2 Independents who caucus with them. You do the math.
II. The Byrd Rule
'Senator Robert C. Byrd (D-WVa) explained that the basic purposes of the amendment were to protect the effectiveness of the reconciliation process (by excluding extraneous matter that often provoked controversy without aiding deficit reduction efforts) and to preserve the deliberative character of the Senate (by excluding from consideration under expedited procedures legislative matters not central to deficit reduction that should be debated under regular procedures). He opened his remarks by stating:
'... we are in the process now of seeing ... the Pandora's box which has been opened to the abuse of the reconciliation process. That process was never meant to be used as it is being used. There are 122 items in the reconciliation bill that are extraneous.
Henceforth, if the majority on a committee should wish to include in reconciliation recommendations to the Budget Committee any measure, no matter how controversial, it can be brought to the Senate under an ironclad built-in time agreement that limits debate, plus time on amendments and motions, to no more than 20 hours.
It was never foreseen that the Budget Reform Act would be used in that way. So if the budget reform process is going to be preserved, and more importantly if we are going to preserve the deliberative process in this U.S. Senate-which is the outstanding, unique element with respect to the U.S. Senate, action must be taken now to stop this abuse of the budget process.'
Translation into English: 'We just don't want to deal with a bunch of garbage every time we consider a tax and spending package! And, on top of that, anything that adds to the deficit without being paid for by offsetting spending cuts or tax increases elsewhere will be ruled out of order!'
So far, every US Senator, including even former Majority Leader Harry Reid (D-NV, now retired) has honored this unique Senate rule of procedure.
Our take on this after reading more detailed explanation of the House Republican strategy is that Speaker Ryan and Secretary Price know what they are doing. Both have been House Budget Committee chairs and know the process of budget reconciliation far better than the average Congressmen or Senator.
The knee-jerk reactions of Senators Rand Paul and other Freedom Caucus members flies right in the face of the fact that former fellow Freedom Caucus member, Mick Mulvaney of South Carolina, IS NOW BUDGET DIRECTOR UNDER PRESIDENT TRUMP!
If Mick Mulvaney is on-board with this strategy, perhaps his former colleagues should listen to him.
Here's some observations early in the process:
Contributing Editor Frank Hill ran for Congress at the age of 28 and served as chief of staff for former Congressman Alex McMillan (NC-9) and Senator Elizabeth Dole (NC). He was a budget associate on the House Budget Committee for 4 years and worked on the 1994 Commission on Entitlement and Tax Reform. He now lives in Charlotte, North Carolina where he does some consulting and lots of worrying about federal spending issues.
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