Michael E. Hammond is one of three mentors I have been lucky enough to work for during my career. When I worked for him, he was the General Counsel of the U.S. Senate Steering Committee. He has run for Congress twice in New Hampshire and is now the General Counsel of Gun Owners for America. He is one of the two smartest political strategists I know. He is brilliant, a genius (literally, scored perfect on his SAT.) And the only thing I know about his work in the Army is he cannot talk about it.

REDSTATE WEB EXCLUSIVE

November 19, 2009
MEMORANDUM
FROM: Michael Hammond
RE: The Reid Bill: The Mandates, Public Option,
Regulation, Rationing, and Taxes

EDITORS NOTE

Harry Reid’s objective has been to secret the provisions of the most important piece of legislation in our lifetimes until he could cram it down Americans’ throats because there was insufficient time to analyze and mobilize against it. To some extent, he has succeeded. I have done what I could, given the need to disseminate this at least a day before the Senate moved to cloture on the motion to proceed. I have therefore focused on the mandates, the public option, regulation, rationing, and taxes.

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For those attempting to figure out what is in the Senate ObamaCare bill, you are in the company of 99 U.S. Senators who have not seen the bill. At least that is what today’s New York Times is reporting:

“frustration has been growing among some lawmakers over the delay, especially as they are asked repeated questions about a bill they have not yet seen.

“I don’t think the bill text is being shown to anybody,” Mr. [Senator] Nelson said last week.”

According to CNN: “In fact, no one has seen the Senate bill.”

They a have a phrase out West for this — all hat, no cattle.

I call it a vapor bill — all hype, no bill.

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On Friday, every Republican Senator sent U.S. Senate Majority Leader Reid a letter which said, where is the bill text?

Here is an excerpt from the letter:

“The American people and every member of Congress should be allowed to read the bill that was sent to CBO. The bill should be made available for taxpayers to read and learn how the federal government is spending their money. We are writing to request that you immediately make all materials sent to CBO publicly available on the internet.”

Senator Reid’s response was — uh, the bill “does not exist.” So, yet another Senate Vapor Bill Rises.

Majority Leader Reid’s letter to every Republican Senator makes clear that:

“Apart from my decision to include a public option from which states may opt out, no final decisions have been made — and none can be made until we get more information about how CBO would score different combinations.”

So, for all work, time, effort and Committee votes and amendments “no final decisions have been made.”

But here is the Vapor bill admission:

“…there is no bill to release publicly — it does not exist.”

We are changing the world of health care as everyone knows it, and we will not show you the bill — not because Reid does not want to, he says he wants to show it to America — but because it “does not exist.”

A unified Republican Senate signed a letter to U.S. Senate Majority Leader Reid with a simple request, can the American people see the bill you sent to the Congressional Budget Office?

Here is the text of the signed letter:

On Monday, you announced that you had sent health care legislation to the Congressional Budget office (CBO). As you know, this legislation will have a profound impact on the lives of every American, including the next generation who will be forced to pay for it. Our national debt stands at nearly $12 trillion, with a deficit of $1.4 trillion. The health care bill will likely be more than 1,000 pages long and is the single most important legislation we will consider and debate this year in Congress.

With an issue this large and complex, we need full transparency at every stage in the legislative process. President Obama was elected, in part, on his promise to bring greater transparency to the workings of the federal government. The American people and every member of Congress should be allowed to read the bill that was sent to CBO. The bill should be made available for taxpayers to read and learn how the federal government is spending their money. We are writing to request that you immediately make all materials sent to CBO publicly available on the internet.

Desperate men do desperate things, and those who have any doubt just how desperate the Dems are over passing health reform should read the Washington Post editorial that puts the lie to what the White House and Senate Majority Leader Reid are attempting to do — put $241 billion in new health reform spending off-budget.

Off-budget is Washington speak for lets-spend-the-money-but-not-count-that-we-are-spending-it. Taking ever so slight liberties with Senator Gregg´s recent comments, this is more bananization of our republic.

President Obama and Majority Leader Ried are lying to make their other lie about health reform not adding to the deficit a less visible lie.

It´s just like printing money, let´s all just pretend that we are not going to spend $241 billion to buy off the American Medical Association´s continued political cover for our politically failing health care reform plan. It´s easy, just declare its off-budget and it does not count.

When RedState starts quoting the Washington Post editorial board, the outrage committed by the White House and Majority Leader Reid must be so great, that even the WaPo editorial board cannot bear it:

IN THE WORLD according to Senate Majority Leader Harry M. Reid (D-Nev.), setting Medicare payment levels for doctors has nothing to do with health reform. Really.

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While Senator Snowe’s yes vote in the Senate Finance Committee was a shock to liberals and conservatives, it is neither a defeat for conservatives nor a victory for liberals. The bill would have passed Committee regardless of how Sen. Snowe voted.

Senator Snowe, in her own words, said her vote was a maybe on the Senate floor. Smart political observers like Carrie Budoff Brown at Politico understand that Snowe’s vote radically increases the likelihood of Dem-on-Dem political violence over any single significant move to the left that the Democratic Leadership contemplates when they attempt to merge the bill.

Think of the Snowe vote as tent pegs holding the bill in place, while liberal generated wind storms attempt to move the tent to the left. The chances of the pegs coming out and the tent being blown like a tumbleweed are real and will be devastating to the bill.

Plus, Senator Snowe’s voice now carries a high-wattage amplifier with it inside the Democratic leadership. The liberals want a public option? Lose Snowe. Want to bring up a Vapor bill? Snowe is at no. Want to spring legislative language on the Senate without a CBO score of the language? Snowe is at no and so are eight other Democratic Senators who sent a letter to Majority Leader Reid last week requesting a CBO score on actual legislative language and a 72 hour review period by the public of the bill prior to its consideration on the Senate floor. The letter was backed up with threats by the Democratic Senators to employ procedural hurdles if there request is not met, as Congressional Quarterly reported on October 6:

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Politico (again) breaks a major story this morning with its outing of the Dem secret plan that Brian Darling of the Heritage Foundation has been warning of for more than ten days:

a former House and Senate leadership aide sent an email sketching out another route to passage. Instead of introducing a Senate bill, Majority Leader Reid could insert the merged health care reform language into a revenue raising House bill already languishing in conference committee. The Senate would pass it and send it to the House whereupon passage, it would go straight to the president’s desk – completely bypassing conference. Do not pass go, do not collect $200.

By cutting out conference, this single-bullet scenario eliminates weeks of expected wrangling and would make it possible to pass a bill by the Thanksgiving target so many Democrats are aiming for. Many insiders agree that a conference committee would make that goal next to impossible.

The Democrats are raping the Congressional process to pass ObamaCare:

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The unsatisfied quenching of the Dem thirst for health care reform continued as the Senate Finance Committee received their vapor score for their vapor bill which had the net effect of discrediting the Congressional Budget Office. U.S. Rep. Shadegg renamed CBO the Cooked Books Office with a stinging post (as in, that’s gotta hurt):

Could you make your family budget look good in a ten-year analysis if you counted ten years of income but only seven of expenditures? That’s what the Congressional Budget Office did in their report on Senator Max Baucus’s health care bill.

Their subpar accounting includes revenue from tax increases and cuts to Medicare and Medicare Advantage starting in 2010. However, the bulk of expenditures begin in 2013, when many of the bill’s programs go into effect. It sounds like the CBO has started taking accounting tips from old Enron manuals. How can Democrats be taken seriously if they use ten years of revenue to pay for seven years of expenditures?

Heritage Foundation’s Brian Darling weighed in yesterday with his “Where’s the Health Bill?” post in Human Events:

As you read this, Senate Majority Leader Harry Reid (D-NV) and officials of the Obama administration are in a room at the Capitol rewriting health care policy. The American people aren’t invited. Only a few lobbyists, Obama czars and liberal Senators have even been allowed to see this bill.

The Senate is keeping this bill a secret because politicians were shaken by the August town hall meetings and the rage expressed by the American people toward the president’s version of health care reform. So, to minimize complaints now, the administration and Sen. Reid are making sure citizens are shut out of the process.

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The MSM would like the American public to believe that the Senate Finance Committee bill was scored by the Congressional Budget Office. After all, WaPo, the NYT and the WSJ reported:

WaPo: “The bill would cost $829 billion over the next decade.”

NYT: “The budget office analyzed the bill … its newly projected cost — $829 billion over 10 years.”

WSJ: “The latest Senate health bill will cost $829 billion over a decade.”

But it is a score of a vapor bill — a bill that has no legislative language — and so with much fanfare and pomp the CBO has delivered a Vapor Score of a Vapor Bill. CBO has stated publicly and repeatedly that it cannot accurately score any bill without the legislative language — which does not exist so CBO cannot have it.

Heritage tagged this correctly its Bait and Switch blog:

As the Politico reported yesterday: “While the media and lawmakers often shorthand a CBO letter as a “score” or “cost estimate,” today’s CBO letter is neither. Because the bill is still in “conceptual,” or layman’s terms, CBO’s letter today was a “preliminary analysis.” For it to be an official cost estimate, the bill has to be translated into legislative language.”

And here is a thought from Ryan Ellis at ATR, the reason the latest ObamaCare bill scores so low is because of all the taxes. Here is the list.

For a more wonky analysis of the Vapor Score, see the blog by Donald Marron, a former CBO economist here, and from which the quotes from the MSM above were taken.

How sustainable a political position does this sound like: You can’t see the Senate ObamaCare legislative language and we will not tell you how much it costs.

Here is how the San Francisco Examiner put it in their editorial:

When then-Democratic presidential candidate Barack Obama promised not to sign major legislation until it had been posted on the Internet for public reading at least five days, trusting voters took him at his word.

Now they know better. Not only is the actual language of what is likely to become the main legislative vehicle for Obama’s signature health care reform not available on the Internet, it hasn’t been given to members of the key Senate committees or the Congressional Budget Office.

Welcome to the Imperial Senate whose leaders view the public with contempt and the elitist attitude that you should not see the legislative language because you cannot understand it. You should not know how Medicare is being cut, or how you are going to taxed, or how the bill change every health plan in the nation.

We know, and we don’t want you to know — is the Democrats position in the Senate. They are shredding that trust, they are stomping it into the ground and burning it in public.

What are the Democrats hiding in that legislative language? What is in it they do not want the public to see? If the health care debate has taught the American public anything, then its the devil is in the details. But the Senate Democratic leadership says: you don’t get to see the details. We, instead have this new thing called the Vapor Bill: don’t read it (we won’t let you) just support it.

Perhaps this is why political analyst Charlie Cook recently said about the Independent voters: “they hate Congress something awful.” If you don’t believe Charlie Cook, then maybe you will believe this nine-month tracking chart by Gallup.

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What it Means: Vapor bill: A bill which moves through the legislative process in one or more houses of the U.S. Congress without legislative language. The best example of a Vapor Bill is the Senate Health Care Reform bill, which has no legislative language, but has been amended in the Senate Finance Committee. The term Vapor Bill was derived from the word Vaporware, a term coined during the dot-com era to describe all-singing-all-dancing software that was not written yet.

Here is how Brian Darling of the Heritage Foundation describes the Vapor Bill:

President Barack Obama’s push for a sweeping health care overhaul is going to be voted upon in the Senate Finance Committee this week and nobody has read the actual bill yet. The Washington Post reported last Friday that “Senate Finance Committee Releases Its Final Text of Health-Care Bill,” yet you click on a link to the “Bill” referenced in the Post article and all you get is a 262 page description of the legislation. There still is no actual legislative language being given to Senators, Staff or the American Public. That is why many are calling it the “Vapor Bill.”

Why it Matters: A bill without legislative language cannot be accurately scored by the Congressional Budget Office (CBO). Its impact and effects cannot be judged, nor can it be accurately evaluated without the legislative language. The end of life counseling in the House bill was discovered by reading the bill — as were many other objectionable ideas and issues.

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I know that there are many people who are incredulous that the U.S. Senate can proceed to a blank, shell health care bill next week — a vapor-bill.

Every person knowledgeable about Senate procedure believes that the Democrats are both arrogant and desperate enough to bring up a blank bill on the Senate flooor, and are planning for it and expecting this unprecedented action by the Democrats.

Why would the Democrats do this? They are under strict marching orders from the White House to complete action on the bill before the opposition by the public manifests itself further, before the Governor elections in New Jersey and Virginia and before the October 15th deadline expires by which time they must use the super-cram-down reconciliation procedures.

Furthermore, how can anyone be against something that does not exist? How do you know that what you say is in the bill really is in the bill. It is a slap in the face to the Senate’s role Constitutional role as the body that cools the passions of the day and is the deliberative body.

The concerns of the American people to slow down and get it right — which are a prominent feature of every health care poll — are being given the middle finger.

How about speed the process up and not tell you what we are doing, is the Senate Democratic response.

How much will the bill cost? Good question. CBO has said repeatedly it cannot accurately score a bill without the legislative language, which does not exist.

So, it is really much worse, proceed to consideration of a bill whose legislative language does not exist and we have no accurate price tag.

Here is an updated and more specific discussion by Brian Darling, of how this will happen.

Every radio talk show host and every citizen should call their Senator now and tell them they want 72 hours to review the actual legislative language before the bill goes to the floor, and they want a CBO Score based on real legislative language.