“Fix” Bill May Not Advance In Senate

Drudge breakning news:

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)

SENATE REPUBLICAN COMMUNICATIONS CENTER

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"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.”

("CBO projects that the resulting increase in wages will generate $29 billion in additional FICA contributions to the Social Security Trust Fund.”)

The CONGRESSIONAL BUDGET ACT WILL BE VOLATED IF THE OBAMACARE BILL IS PASSED IN THE HOUSE.

"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.”

The house vote is out of order under senate rules because it modifies social security without a concurrent resolution from both houses of congress!

It seems if obamacare is passed in the house, it will be ruled out of order in the US Senate. (Story Reports)

Sec. 310 CONGRESSIONAL BUDGET ACT OF 1974 30


(B) Upon the submission to the Senate of a conference report
recommending a reconciliation bill or resolution in which
a committee shall be deemed to have complied with such directions solely by virtue of this subsection, the chairman of the
Committee on the Budget of the Senate may file with the Senate
appropriately revised allocations under section 302(a) and
revised functional levels and aggregates to carry out this subsection.

(C) Allocations, functional levels, and aggregates revised
pursuant to this paragraph shall be considered to be allocations,
functional levels, and aggregates contained in the concurrent
resolution on the budget pursuant to section 301.

(D) Upon the filing of revised allocations pursuant to this
paragraph, the reporting committee shall report revised allocations
pursuant to section 302(b) to carry out this subsection.
(d) LIMITATION ON AMENDMENTS TO RECONCILIATION BILLS AND
RESOLUTIONS.—
(1) It shall not be in order in the House of Representatives
to consider any amendment to a reconciliation bill or reconciliation
resolution if such amendment would have the effect of increasing
any specific budget outlays above the level of such
outlays provided in the bill or resolution (for the fiscal years
covered by the reconciliation instructions set forth in the most
recently agreed to concurrent resolution on the budget), or
would have the effect of reducing any specific Federal revenues
below the level of such revenues provided in the bill or resolution
(for such fiscal years), unless such amendment makes at
least an equivalent reduction in other specific budget outlays,
an equivalent increase in other specific Federal revenues, or an
equivalent combination thereof (for such fiscal years), except
that a motion to strike a provision providing new budget authority
or new entitlement authority may be in order.
(2) It shall not be in order in the Senate to consider any
amendment to a reconciliation bill or reconciliation resolution
if such amendment would have the effect of decreasing any
specific budget outlay reductions below the level of such outlay
reductions provided (for the fiscal years covered) in the reconciliation
instructions which relate to such bill or resolution
set forth in a resolution providing for reconciliation, or would
have the effect of reducing Federal revenue increases below the
level of such revenue increases provided (for such fiscal years)
in such instructions relating to such bill or resolution, unless
such amendment makes a reduction in other specific budget
outlays, an increase in other specific Federal revenues, or a
combination thereof (for such fiscal years) at least equivalent
to any increase in outlays or decrease in revenues provided by
such amendment, except that a motion to strike a provision
shall always be in order.
(3) Paragraphs (1) and (2) shall not apply if a declaration
of war by the Congress is in effect.
(4) For purposes of this section, the levels of budget outlays
and Federal revenues for a fiscal year shall be determined
on the basis of estimates made by the Committee on the Budget
of the House of Representatives or of the Senate, as the case
may be.
(5) The Committee on Rules of the House of Representatives
may make in order amendments to achieve changes speci-
fied by reconciliation directives contained in a concurrent resolution
on the budget if a committee or committees of the House
fail to submit recommended changes to its Committee on the
Budget pursuant to its instruction.

(e) PROCEDURE IN THE SENATE.—
(1) Except as provided in paragraph (2), the provisions of
section 305 for the consideration in the Senate of concurrent
resolutions on the budget and conference reports thereon shall
also apply to the consideration in the Senate of reconciliation
bills reported under subsection (b) and conference reports
thereon.
(2) Debate in the Senate on any reconciliation bill reported
under subsection (b), and all amendments thereto and debatable
motions and appeals in connection therewith, shall be limited
to not more than 20 hours.

(f) COMPLETION OF RECONCILIATION PROCESS.—It shall not be
in order in the House of Representatives to consider any resolution
providing for an adjournment period of more than three calendar
days during the month of July until the House of Representatives
has completed action on the reconciliation legislation for the fiscal
year beginning on October 1 of the calendar year to which the adjournment
resolution pertains, if reconciliation legislation is required
to be reported by the concurrent resolution on the budget
for such fiscal year.

(g) 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.