[House Report 112-1]
[From the U.S. Government Publishing Office]
112th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 112-1
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INSTRUCTING CERTAIN COMMITTEES TO REPORT LEGISLATION REPLACING THE JOB-
KILLING HEALTH CARE LAW
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January 6, 2011.--Referred to the House Calendar and ordered to be
printed
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Mr. Dreier, from the Committee on Rules, submitted the following
R E P O R T
[To accompany H. Res. 9]
The Committee on Rules, to whom was referred the resolution
(H. Res. 9) instructing certain committees to report
legislation replacing the job-killing health care law, having
considered the same, report favorably thereon and recommend
that the resolution be agreed to, without amendment.
PURPOSE AND SUMMARY
H. Res. 9 directs the Committee on Education and Labor, the
Committee on Energy and Commerce, the Committee on the Judici-
ary, and the Committee on Ways and Means to report to the House
legislation proposing changes to replace the existing health
care law.
BACKGROUND AND NEED FOR LEGISLATION
The 111th Congress passed health care reform proposing it
would create jobs, lower costs, and allow Americans to keep
their health care. President Obama signed health care reform
into law in March 2010. Immediately following enactment of the
law, several lawsuits were filed in various courts challenging
the constitutionality of the law's individual mandate and
expansion of Medicaid. On December 13, 2010, a District Court
Judge ruled in Virginia v. Sebelius that section 1501 of P.L.
111-148 requiring individuals to purchase health insurance is
unconstitutional because it exceeds Congress's authority under
the Commerce Clause. At the end of 2010, seven States: Arizona,
Georgia, Idaho, Louisiana, Missouri, Utah and Virginia have
enacted statutes exempting state residents from compliance with
certain health care law provisions. During the last ten months
public opposition to the law has grown, as has support for its
repeal. On January 2, 2011, Rasmussen Reports conducted a
national survey of 1,000 likely voters and 60 percent favored
repealing the health care law. It is important that ``the
People's House'' respond to the concerns of the American people
and work to develop common-sense health care solutions that
will help create jobs, lower costs, and allow Americans to keep
their health care.
Create jobs
At a time when economic growth is vital, House Committees
must focus on solutions to help create private-sector jobs and
spur the economy by eliminating policies and regulations that
hinder job creation. According to the Heritage Foundation the
tax increases in the health care law ``will cost taxpayers $503
billion between 2010 and 2019.'' A study by the National
Federation of Independent Business shows that the law's
employer mandate could destroy as many as 1.6 million jobs over
the next few years and 66 percent of them from small
businesses.
Lower costs
It is essential that House Committees look at ways to lower
health care premiums, reduce wasteful health care spending and
provide States greater flexibility to administer Medicaid. The
nonpartisan Congressional Budget Office (CBO) found that
premiums on individual health care policies would rise by 10 to
13 percent more under the health care law than they would have
otherwise. A June 2010 study from PricewaterhouseCoopers
confirms that ``companies that offer employee health insurance
expect another steep jump in medical costs next year, and more
will ask workers to share a bigger chunk of the expense.'' CBO
further concludes the health care law would cost States an
extra $20 billion to comply with the Federal government's new
mandates, while the Kaiser Commission on Medicaid and the
Uninsured put the figure closer to $43 billion. The chief
actuary at the Centers for Medicare & Medicaid Services (CMS)
believes the health care law fails to lower health care costs
and will increase national health care spending by 6.3 percent
per year and total health care spending will hit $4.6 trillion
by 2019.
Allow Americans to keep their health care
House Committees must focus on policies that preserve a
patient's ability to keep his or her health plan if he or she
likes it. House Ways and Means Committee Republicans found that
by 2013 over 87 million Americans, and one out of two Americans
with employer coverage, will no longer be able to retain the
health plan they have and like. According to non-partisan
actuaries at the CMS, next year, 1.2 million seniors will be
forced out of the Medi- care Advantage or the Medicare
prescription drug plan they have currently, 7.4 million seniors
will either lose or be denied access to a Medicare Advantage
plan, and those still enrolled in a Medicare Advantage plan
will soon receive ``less generous benefit packages'' over the
next 10 years as a result of the health care law.
In an effort to jump start the committee process, this
resolution was introduced on the first day of the 112th
Congress. It complements legislation to repeal the health care
law, H.R. 2.
HEARINGS
On January 6, 2011, the Committee on Rules held a hearing
on H. Res. 9 and H.R. 2 and received testimony from members of
the committees of jurisdiction for the health care law, as well
as rank- and-file members who were offering amendments.
COMMITTEE CONSIDERATION
The Committee on Rules met on January 6, 2011 in open
session and ordered H. Res. 9 favorably reported to the House
without amendment by a record vote of 6 yeas and 4 nays.
COMMITTEE VOTES
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires the Committee to list the record votes
on the motion to report legislation and amendments thereto. A
motion by Ms. Foxx to report the bill to the House with a
favorable recommendation was agreed to by a record vote of 6
yeas and 4 nays.
RULES COMMITTEE RECORD VOTE NO. 3
Motion by Ms. Foxx to report the resolution to the House with a favorable recommendation. Agreed to: 6 yeas and
4 nays.
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Majority Members Vote Minority Members Vote
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Ms. Foxx........................................ Yea Ms. Slaughter..................... Nay
Mr. Woodall..................................... Yea Mr. McGovern...................... Nay
Mr. Nugent...................................... Yea Mr. Hastings (FL)................. Nay
Mr. Scott....................................... Yea Mr. Polis......................... Nay
Mr. Webster..................................... Yea
Mr. Dreier, Chairman............................ Yea
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COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS
Pursuant to clause 3(c)(1) of rule XIII of the Rules of the
House of Representatives, the Committee made findings that are
reflected in this report.
CONGRESSIONAL BUDGET OFFICE COST ESTIMATE
In compliance with clause 3(c)(3) of rule XIII of the Rules
of the House of Representatives, the Committee states, with
respect to H. Res. 9, that the Director of the Congressional
Budget Office did not submit a cost estimate and comparison
under section 402 of the Congressional Budget Act of 1974.
PERFORMANCE GOALS AND OBJECTIVES
In compliance with clause 3(c)(2) of rule XIII of the Rules
of the House of Representatives and section 308(a)(1) of the
Congressional Budget Act of 1974, the Committee finds that this
legislation would result in no new budget authority,
entitlement authority, or tax expenditures or revenues.
SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION
H. Res. 9 instructs the Committee on Education and the
Workforce, the Committee on Energy and Commerce, the Committee
on the Judiciary, and the Committee on Ways and Means to each
report legislation to the House proposing changes to existing
law within the committee's jurisdiction with provisions that--
Foster economic growth and private sector
job creation;
Lower health care premiums;
Preserve a patient's ability to keep his or
her health insurance;
Provide people with pre-existing conditions
access to affordable health coverage;
Reform medical liability system;
Increase the number of insured Americans;
Protect the doctor-patient relationship;
Provide States greater flexibility to
administer Medicaid programs;
Expand incentives to encourage personal
responsibility for health care coverage and costs;
Prohibit taxpayer funding of abortions and
provide conscience protections for health care
providers;
Eliminate duplicative government programs
and wasteful spending; or
Do not accelerate the insolvency of
entitlement programs or increase the tax burden on
Americans.
CHANGES IN EXISTING HOUSE RULES MADE BY H. RES. 9, AS REPORTED
In compliance with clause 3(g) of rule XIII of the Rules of
the House of Representatives, H. Res. 9 does not propose to
repeal or amend a standing rule of the House.