[House Report 112-1]
[From the U.S. Government Publishing Office]

112th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                      112-1


                        KILLING HEALTH CARE LAW


  January 6, 2011.--Referred to the House Calendar and ordered to be 


    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.


    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 

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.


    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.
                Majority Members                      Vote               Minority Members               Vote
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


    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.


    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.


    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.


    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 
           Eliminate duplicative government programs 
        and wasteful spending; or
           Do not accelerate the insolvency of 
        entitlement programs or increase the tax burden on 


    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.