On the recordApril 14, 2011
I rise to make a parliamentary inquiry. The Senate will soon receive from the House legislation to fund the Federal Government for the rest of this year--H.R. 1473. Normally, spending bills such as this one go through the Appropriations Committee. Despite the fact that this spending bill the Senate will soon take up covers funding for the entire Federal Government, including all appropriations bills for the year, it was never even considered by the House or Senate Appropriations Committees. Snuck into this massive spending bill are legislative provisions that typically are not allowed by Senate rules to be included in the appropriations process. The Senate has a rule--rule XVI--that prohibits Senate legislative amendments to an appropriations bill. Despite this Senate rule, the spending bill the Senate will consider today includes provisions that are clearly legislative in nature. Specifically, I am referring to section 1858 of the spending bill which repeals free choice vouchers from the affordable care act that became law last year. There should be no doubt that repealing a law or part of a law is legislating. In this case, section 1858 repeals part of the Internal Revenue Code. Amending the Internal Revenue Code is general legislation, not the appropriation of funds. In fact, the Congressional Budget Office has actually determined that free choice vouchers involve no appropriation of funds whatsoever.…





