WIR: Medical Malpractice, CAFTA & China Trade

Wednesday July 27, 2005

I think it is important for the netroots to know what’s happening in Washington. Each week Republicans abuse their power shutting out democracy, debate and dissension.

As the Ranking Democratic Member of the House Rules Committee, I have a front row seat to watch the abuse for myself because almost every piece of legislation must come through the my committee before it can be debated or voted on by Congress as a whole.

Starting tonight, I will begin posting “The Week in Rules” on this blog whenever Congress is in session. Each post will be designed to bring you up to speed on what is happening in Congress.

So, without further delay, here is the first installment.

-LMS

THE WEEK IN RULES – July 26, 2005

MEDICAL MALPRACTICE
Republicans Stand Up… Against the Sick, Injured


On Tuesday, July 26th, at around 9:30 P.M., the House Rules Committee reported a closed rule (closed rules allow no amendments on legislation) providing for the consideration of H.R. 5, the “Help Efficient, Accessible, Low-Cost, Timely Health (HEALTH) Care Act of 2005.” This bill imposes nation-wide limits on the compensation injured persons can receive in medical malpractice cases and limits the liability of health maintenance organizations (HMOs), medical device manufacturers, and pharmaceutical companies that harm their patients. It is anticipated that this rule and H.R. 5 will be on the House floor tomorrow.

The rule, approved on a party line vote, allows for just two hours of debate on H.R. 5, equally divided between the Majority Leader and the Minority Leader. Unfortunately, for the third time in 3 years, Rules Committee Republicans voted to prevent any House Member from offering any amendment to this legislation. Committee Republicans rejected all 15 of the amendments Members brought to the Rules Committee and, in addition, they rejected an amendment I offered to consider the bill under an open rule which would allow for amendments.

Over the past 3 years, Republicans have rejected a total of 67 amendments to this medical malpractice legislation. Two important amendments they rejected tonight were:

A substitute amendment offered by Ranking Members Conyers and Dingell that takes steps to weed out frivolous lawsuits, requires insurance companies to pass their savings on to health care providers, and provides targeted assistance to the physicians and communities who need it the most.

An amendment offered by Reps. Emanuel and Berry striking section 7© from the bill, which protects manufacturers of medical products, including pharmaceutical companies, from punitive damages if their drug of device is approved by the FDA.


CAFTA
Republicans Limit Debate, Rush To Vote


On Tuesday, July 26th, at around 9:30 P.M., the House Rules Committee reported a closed rule (closed rules allow no amendments on legislation) providing for the consideration of H.R. 3045, the “Dominican Republic-Central America-United States (CAFTA-DR) Free Trade Agreement Implementation Act.” It is anticipated that this rule and the bill will be on the House floor some time this week.

Republicans gave Democrats just one hour of notice that the Rules Committee would be holding hearings on CAFTA tonight.

The rule, approved on a party line vote, provides for just two hours (the standing House rules call for 20!) of general debate in the House equally divided between the Chairman and the Ranking Member of the Ways and Means Committee. Because this trade agreement implementing legislation is being considered under the “fast-track” procedures authorized in the Trade Act of 2002, no amendments are in order.

Unfortunately, Rules Committee Republicans rejected an amendment offered by Rep. Matsui to extend the time of debate to 8 hours, the time period the Democratic controlled Rules Committee gave the House to debate the North American Free Trade Agreement (NAFTA) in 1993. Rules Committee Democrats argued that two hours is not enough time to seriously and thoughtfully debate this highly controversial legislation.


CHINA TRADE
Republicans Attempt to Sweeten Deal on CAFTA


On Tuesday, July 26th, at around 9:30 P.M., the House Rules Committee reported a closed rule (closed rules allow no amendments on legislation) providing for the consideration of H.R. 3283, “the United States Trade Rights Enforcement Act.” This bill, which failed to pass today under suspension of the rules designed to win a few more votes for CAFTA, takes a number of steps to address the trade relationship between the United States and the People’s Republic of China. It is anticipated that this rule and H.R. 3283 will be on the House floor tomorrow.

This closed rule allows for just one hour of debate, equally divided between the Chairman and Ranking Member of the Ways & Means Committee. While the rule accepts a substitute amendment offered by Chairman Thomas, it blocks the consideration of a substitute offered by Rep. Rangel, an amendment offered by Rep. Cardin, and a bipartisan substitute offered by Reps. Ryan (OH), Hunter, and Davis (AL). Furthermore, on a party line vote, Rules Committee Republicans rejected my amendment to consider the bill under an open rule which would allow for amendments.