After nearly a year in the sausage factory, H.R. 3221 has cleared both houses and is headed for the White House.
But the bill, now known as a housing bill under the title of the Foreclosure Prevention Act of 2008 Housing and Economic Recovery Act of 2008 American Housing Rescue and Foreclosure Prevention Act of 2008 Housing and Economic Recovery Act of 2008, didn't start that way:
By the way, the procedural history of H.R. 3221 is fascinating. If you have no life, that is. Did you know that the bill started off as an energy bill, passed the House in August 2007, but never passed in the Senate? It later had most of its provisions shoehorned into H.R. 6 (the "Energy Independence and Security Act of 2007") which was passed in December of last year. That left the mostly hollowed-out shell of H.R. 3221 available for use as a housing bill.
Why do that? Because the original H.R. 3221 contained things like renewable energy tax credits, which means it was technically a tax bill, which the Constitution says must originate in the House. But the Senate had a package of housing provisions, among which were tax measures, but which couldn't be brought forth as an original bill in that chamber. With a bill in their hands that had been originated in and passed by the House that was a tax bill, they could add their provisions as amendments, removing all the energy-related stuff that had passed in H.R. 6, anyway.
And that's at least part of the story of how the " New Direction for Energy Independence, National Security, and Consumer Protection Act" became the "Renewable Energy and Energy Conservation Tax Act of 2007," which became the "Foreclosure Prevention Act of 2008" when the Senate amended it, and then became the "American Housing Rescue and Foreclosure Prevention Act of 2008" when the House amended the Senate's amendments.
I sh*t you not. At least I don't think so.
It's been a remarkable saga, one including seven cloture votes, which may be a record for a single piece of legislation. But despite the weeks on end spent shepherding this thing through Congress, few people are entirely clear even on what exactly is in this bill. This thing was a textbook trip through the sausage factory, and we're going to have to take a look back at it, post-game, to figure out exactly how it was cobbled together and why. Reactions to its passage have been everything from sighs of relief at the "rescue" of distressed homeowners (and not a few mortgage industry powerhouses, in all likelihood), to distress at the sighs of relief from shareholders and executives at those mortgage industry powerhouses, who -- had the "free market" had its way -- might actually have had to weather a beating serious enough to sink them forever.
This bill had it all, in terms of procedural maneuvering, interplay between the various turning gears of the government and the market, public and private interests, and even basic questions of competing theories of governance.
But the game's over, and all indications are that the Bush White House has abandoned its veto threats and the bill will be signed -- though you never know with these guys, they could come up with something new and veto it just to make the Congress spend its last week in session dealing with that instead of anything else. In the coming days and weeks, we'll take a look back at the game film, and see just what went into this particular piece of sausage. And if we're lucky, we can use it as a teaching case for preparing a corps of legislative watchers for greater involvement and effectiveness in steering the work of the next Congress and the next administration.