Budget bill signed yesterday is constitutionally defective

February 9, 2006

The Hill reports:

A typo in the budget-reconciliation bill may givecongressional Democrats another shot at making political hay out of the$39 billion deficit-reduction measure President Bush signed yesterday.

Democratic leaders could block an attempt by Republicans to correctthe clerical error and use the fight to highlight their fierceopposition to the legislation, which includes spending reductions inhealthcare, education and other programs.

By doing so, Democrats would raise from the dead a yearlong fightagainst the budget cuts at the same time that they prepare to beat backanother package of spending reductions called for in the president’snew budget.

Blocking a technical correction to legislation that has already beensigned into law would be unusual, but budget battles on Capitol Hillare always partisan and House Democrats believe they have scoredpolitical points on fighting the GOP budget cuts.

Democratic objections could force both the House and Senate to voteon the measure yet again, though some sources on Capitol Hill said atpress time that they expect another vote on a narrow part of the bill —not the entire measure.

House and Senate aides pointed fingers across the Capitol lateyesterday, blaming each other’s clerks for changing the language afterthe House passed the bill.

Various House leadership aides insisted the bill was altered when itwas delivered to the Senate before going to the White House. A Senateaide, meanwhile, maintained that a House clerk was the culprit. Theclerks’ offices in both chambers did not respond to calls for commentby press time.

Whatever the cause, the bill signed by the president is not the same bill approved by the House, aides agreed.

At issue is a widely supported provision that wasintended to allow Medicare beneficiaries to purchase oxygen devicesused in the home rather than pay endless rental fees. Because of aclerical error made during the enrollment of the bill, the new policywould apply to practically all medical equipment, congressional aidesexplained.

Some form of technical correction is needed, and the GOP leadershipis hoping to move it swiftly in both chambers under unanimous-consentagreements, or UCs, said Amy Call, spokeswoman for Senate MajorityLeader Bill Frist (R-Tenn.).