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cavelamb

wrote:

If that is the case, why did they bother to put the words in the bill?

Dan

The language to which opponents refer, and which the Washington Examiner
explicitly cited, changes the rules of each House to limit Congress' ability to
change the recommendations of the Board.

(3) LIMITATION ON CHANGES TO THE BOARD RECOMMENDATIONS-

`(A) IN GENERAL- It shall not be in order in the Senate or the House of
Representatives to consider any bill, resolution, or amendment, pursuant to this
subsection or conference report thereon, that fails to satisfy the requirements
of subparagraphs (A)(i) and (C) of subsection (c)(2).

`(B) LIMITATION ON CHANGES TO THE BOARD RECOMMENDATIONS IN OTHER LEGISLATION- It
shall not be in order in the Senate or the House of Representatives to consider
any bill, resolution, amendment, or conference report (other than pursuant to
this section) that would repeal or otherwise change the recommendations of the
Board if that change would fail to satisfy the requirements of subparagraphs
(A)(i) and (C) of subsection (c)(2).

`(C) LIMITATION ON CHANGES TO THIS SUBSECTION- It shall not be in order in the
Senate or the House of Representatives to consider any bill, resolution,
amendment, or conference report that would repeal or otherwise change this
subsection.

`(D) WAIVER- This paragraph may be waived or suspended in the Senate only by the
affirmative vote of three-fifths of the Members, duly chosen and sworn.

`(E) APPEALS- An affirmative vote of three-fifths of the Members of the Senate,
duly chosen and sworn, shall be required in the Senate to sustain an appeal of
the ruling of the Chair on a point of order raised under this paragraph.

Congress can overturn this rule with a 3/5ths majority vote, in which case
nothing would stand in the way of Congress changing the recommendations of the
Board and voting on the changed version.

Section 3403 also includes language saying that the Secretary of Health and
Human Services must not implement the recommendations of the Board if Congress
acts to discontinue it using certain specified procedures. Nothing in the text
says, nor could it constitutionally say, that Congress cannot enact new law
terminating the Board, or for that matter, repealing any or all of the bill. The
text does not restrict Congress's ability to terminate the Board; it creates a
mechanism whereby Congress could terminate the Board more easily.