Quote:
Originally Posted by azriverfan.
So let's assume a bill is agreed upon in Conference. Let's assume there is a huge fight and the end result is that it contains a public option. Then the bill proceeds to be voted on by the House and Senate. Some Senators like Joe Lieberman and others say they won't vote for it and thus the bill won't reach the filibuster proof 60 vote majority. Is the bill dead? Not really, because the Senate can resort to a procedure called Reconcilliation otherwise known as the Nuclear Option.
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There may be some confusion over the terms Budget Reconciliation and Nuclear Option. They are not the same. I'll try to describe how they are different.
Budget Reconciliation
The legislative process known as Budget Reconciliation goes back to 1974. It is an optional process that Congress sometimes uses with legislation that includes policy changes with regard to the federal budget; specifically, funding of mandatory programs and/or revenue programs (anything dealing with taxes).
Now, I don't know this for a fact, but it's quite possible that the health care reform bill - since both House and Senate versions contain provisions which make it a mandatory program - will be eligible for Budget Reconciliation.
Many bills dealing with federal budget items are voted on without the use of the Budget Reconciliation process, but it has been used from time to time. From 1980 to 1998, Budget Reconciliation was used 13 times. More recently, this process was used four times during the Bush administration, including both the 2001 and 2003 Bush tax cuts.
According to the
Wikipedia entry for Budget Reconciliation, "Until 1996, reconciliation was limited to deficit reduction, but in 1996 the Senate's Republican majority adopted a precedent to apply reconciliation to any legislation affecting the budget, even legislation that would increase the deficit."
It is important to note that Budget Reconciliation is an established legislative process that Democrats and Republicans both have used in the past, and will no doubt use again in the future. A very good description can be found here:
THE BUDGET RECONCILIATION PROCESS (http://www.rules.house.gov/archives/bud_rec_proc.htm - broken link)
Nuclear Option
This phrase describes something that
does not exist. The phrase is generally attributed to Republican Senator Trent Lott, and it refers to an effort by Republicans to change Senate rules regarding judicial nominations.
In a nutshell, it takes a two-thirds vote in the Senate (60 votes) to break a filibuster. In 2004/2005, although the 55 Democrats in the Senate had agreed to over 200 Bush judicial nominations, they used the filibuster process to block 10 appointments to the bench, and that caused Republicans to seek a way to change the rules.
There are very good articles giving the background of this available here:
The Political Scene: Blowing Up The Senate : The New Yorker
Everything you wanted to know about the "nuclear option" - Salon.com
The Nuclear Option was never approved, and therefore has never been used. The so-called
Gang of 14 worked out a compromise.
So, with any current legislation, it's Budget Reconciliation, and not Nuclear Option.
Quote:
Originally Posted by azriverfan.
Furthermore, even if Reconciliation is voted and approved to be used for this healthcare policy, certain elements can be stripped from the bill using another procedure called the Byrd Rules. Any bill that passes using Reconciliation, it is subject to certain standards called they Byrd rules named after our famous West Virginia Senator. The public option could then be stripped from the final bill using these Byrd rules. A lot of this is unknown territory and the Senate and House want to avoid going this route but you never know.
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There are several good sources of information regarding the Byrd Rule, including
this one (http://www.rules.house.gov/Archives/byrd_rule.htm - broken link). One thing worth noting is that the Bryd Rule can be waived by a 60-vote majority vote of the Senate.