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More than a year after Congress began their health care reform effort, it officially came to an end today as the Senate and House both gave final votes of approval to the Health Care and Education Affordability Reconciliation Act of 2010. The bill amends the bigger health care reform bill, the Patient Protection and Affordable Care Act, that President Obama signed into law earlier this week.

The Senate voted first this afternoon, passing the reconciliation bill on a 56-43 vote, with Sen. Ben Nelson [D, NE], Sen. Blanche Lincoln [D, AR] and Sen. Mark Pry or [D, AR] crossing the aisle to vote with all Republicans agains it. The House followed suit later in the evening, voting 220-207 to agree to the bill and a few insignificant changes that were made to it in the Senate.

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"Deem and Pass" Deemed Dead

March 20, 2010 - by Donny Shaw

The Rules Committee meeting is still going on. But the biggest decision of the day has already been made. The Democrats have decided not to use the "self-executing rule," otherwise known as "deem and pass," and will instead hold a separate vote on passing the Senate health care bill.

This is a strong sign that Speaker Nancy Pelosi [D, CA-8] has more than enough votes for passing the health care bill on Sunday.

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As I reported earlier, the "deem and pass" strategy that House Democrats are considering using for passing the Senate health care bill, allowing them to pass it without actually taking a separate vote on it, isn't unprecedented. It has been used at least 6 times for in the past 20 years for enacting what the Congressinoal Research Service calls "significant substantive and sometimes controversial propositions," mostly by Republicans.

But it has never been used in the way the Democrats are considering using it -- to pass a bill through the House that doesn't have the votes to pass on its own. As the research below shows, 4 of the 6 uses of the "deem and pass" process, also known as the "self-executing rule," were approved unanimously by voice vote. The other two passed with votes to spare. These are on the 6 supposedly controversial uses of the rule that CRS gives. It appears that the process has mainly been used to speed up adoption of Senate amendments that would have been easily approved under normal procedure.

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Since the politics of the self-executing rule (a.k.a. the "deem and pass" strategy, or the "Slaughter solution") are blowing up right now -- discussion of the rule currently dominates the top half of Memerorandum -- I thought I should bring back this historcial information from a post I wrote when the idea of using the rule for health care was first reported.

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