Deficit Reduction Act of 2005

The Deficit Reduction Act of 2005 is a United States Act of Congress concerning the federal budget that became law in 2006.

The Senate's version passed after a tie-breaking vote was cast by Vice President Dick Cheney. The bill passed the chamber with all Democrats and five Republicans voting against the bill.The House version passed by a vote of 217-215, with all Democrats, fourteen Republicans, and one Independent voting against. The Senate bill was signed by President George W. Bush on February 8, 2006.

A dispute arose over whether both houses of Congress had approved the same bill. Those contending that the bill is not a law argue there were different versions of the same bill, neither of which was approved by both the House and the Senate. They argue that the document signed by the President would not have the force of law, on the ground that the enacting process bypassed the Bicameral Clause of the U.S. Constitution.

Congressional leaders and administration officials point to an 1892 Supreme Court case, Field v. Clark (143 U.S. 649 (1892)), which said the dispute—over differing versions of a bill that were certified by both chambers—was not a matter for the courts to decide.

The difference between the two versions is the provision regarding the length of time that Medicare would be required to pay for durable medical equipment such as wheelchairs and oxygen equipment like CPAP machines. The Senate version of the bill restricted payments to 13 months while the House version provided for 36 months, a $2 billion difference. Just prior to the filing of the bill in the House, a change was required to alter these time periods, in three places the number 13 was changed to 36, by hand in the offices controlled by the Speaker. The change was needed to assure the requisite number of votes for passage in the Senate. This hand written drafting change gave rise to an error made by the Senate clerk later in the process.

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