Congress fumbling over their own HR 3200 lies, Ouch

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Joe Barton: But my second question is if we get beyond the amendment as its currently drafted, it's replete with brackets. Usually a bracket is a work in process and is to be inserted later, in this case, you have brackets and then you do have a text that appears to comply with the bracket until you to get to page 28, where you have a bracket in the sense of Congressional Optionbut then there is nothing that replies to that. How can we have-- I understand this has been worked on feverishly for several days, but it is about to go into one of the most important bills that this Congress is going to consider-- I would hope that we could please get an amendment at the desk and number one, complies with the [Waxman's] request that all amendments be in place for two hours, and number two, is drafted in a way that complies with drafting requirements for amendments to be considered by this committee. So I would ask this council about these various brackets in this amendment. Andrew Schneider:Mr Barton, The Bracket and the language simply refers to the title and will not go into the final legislation. Barton: Why are they in the amendment then? Why do you have brackets that refer to a title that is not in the bill? Schneider: Their just for descriptive purposes so we can track our way through the amendment but they would not go into the final amendment of the legislation. Joe Barton: Well why then does brackets in most cases refer to the bill but in this case the bracket does not? [b]Is that normal drafting procedure? I never seen it before. I've been on this committee 25 years and never seen an amendment drafted like,--[/b] Schneider: Again that language would not be drafted in the final bill. Barton: I mean this is one of the most important amendments, [b]it is not complying with the requirements, it is not drafted in the way that every other amendment has been drafted,[/b] if we want to take a recess and get it right, have a debate on its substance, lets do it. 4:33 Waxman: Mr.Grossman you have legislative council behind you. Grossman: Because of the length and complexity and the number of elements in this bill it was felt that it would be helpful to the members to have a distinction to the different components of this particular amendment. And therefore we had decided as a matter of helping the members to identify the specific elements-- Barton: How does it help the members to put bracket in the amendment that does not apply to the final amendment, how does that help us? Grossman: For the last provision it would have been helpful if there weren't a point of order raised on that last provision. Barton: so why wasnt the amendment redrafted properly, put at the desk with the proper time and then considered under the proper rules that the chairman has requested this markup be conducted under? Waxman: Gentleman yield to me Barton: I'd be happy to please, your chairman Waxman: Legislative council drafts the..the bills that we consider. This is the draft of the bill that we received in Legislative council as far as the two hours are concerned, that has been a rule that the Chair has used for purposes of recognition. So Members would have have an amendment available so they know what is coming up. This amendment has been available for an excess of two hrs the members have known what the amendment was going to be..uh, a minor change has been uh uh Made to the amendment because of a non-germane section--uh, we've allowed other Amendments that have been available for two hours or more to have sections of minor change made to them and I see no reason I shouldn't recognize uh-- Barton: Your violating your own rules, Mr. chariman Waxman: My rules are for members to make sure that all of our colleagues have the benefit of what the rules are going to be and I cannot believe that other members do not know what the amendments were going to be Barton: [b]Mr Chairman, I think it is disingenuous for you to put a rule in place-- I didn't put the rule into place..the history of this committee has been that members could offer amendments at any time.[/b] I think there is some value in your two hour rule BUT if your going to have it it should be effective for every amend ment, for every member, regardless of their majority or minority status. I UNDERSTAND the frustration, I understand how difficult this process has been I respect what the authors of this amendment--are attempting to do, I COMMEND them for it BUT (4:36:24) on something this important I think it is fair for the minority to insist-on-proper order. [b]If you choose to over rule that then you are over ruling your own order that you have insisted upon about this Markup.[/b] Waxman: I disagree with this gentlemen, the amendment is before us does any member before speak in opposition (italics) to the amendment. ....(long pause) I-I'll Waxman:..o-k Roy Blunt (R-Missouri): The amendment and I will ask council. The amendment does not do anything to impact the public plan, is that right? Andrew Schneider: That is not correct. The amendment impacts the public plan and how it pays providers, and changes the underlying bill, and it changes that so that it negotiates with providers insteads of using medicare rates. Blunt: And is that similiar to the amendment that the Committee rejected yesterday that would of done the same thing?