[House Report 112-2]
[From the U.S. Government Publishing Office]


112th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                      112-2

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  PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 2) TO REPEAL THE JOB-
   KILLING HEALTH CARE LAW AND HEALTH CARE-RELATED PROVISIONS IN THE 
  HEALTH CARE AND EDUCATION RECONCILIATION ACT OF 2010; PROVIDING FOR 
    CONSIDERATION OF THE RESOLUTION (H. RES. 9) INSTRUCTING CERTAIN 
COMMITTEES TO REPORT LEGISLATION REPLACING THE JOB-KILLING HEALTH CARE 
                      LAW; AND FOR OTHER PURPOSES

                                _______
                                

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

                                _______
                                

    Mr. Dreier, from the Committee on Rules, submitted the following

                              R E P O R T

                       [To accompany H. Res. 26]

    The Committee on Rules, having had under consideration 
House Resolution 26, by a record vote of 6 to 4, to report the 
same to the House with the recommendation that the resolution 
be adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for consideration of H.R. 2, the 
``Repealing the Job-Killing Health Care Law Act,'' under a 
closed rule. The resolution waives all points of order against 
consideration of H.R. 2. The resolution provides that the 
amendment to H.R. 2 printed in part A of this report shall be 
considered as adopted. H.R. 2, as amended, shall be considered 
as read. The resolution waives all points of order against 
provisions of H.R. 2, as amended. The resolution provides seven 
hours of debate on H.R. 2 in the House with 30 minutes equally 
divided and controlled by the Majority Leader and Minority 
Leader or their respective designees, 90 minutes equally 
divided and controlled by the chair and ranking minority member 
of the Committee on Education and the Workforce, 90 minutes 
equally divided and controlled by the chair and ranking 
minority member of the Committee on Energy and Commerce, 90 
minutes equally divided and controlled by the chair and ranking 
minority member of the Committee on Ways and Means, 40 minutes 
equally divided and controlled by the chair and ranking 
minority member of the Committee on the Budget, 40 minutes 
equally divided and controlled by the chair and ranking 
minority member of the Committee on the Judiciary, and 40 
minutes equally divided and controlled by the chair and ranking 
minority member of the Committee on Small Business. The 
resolution provides one motion to recommit H.R. 2 with or 
without instructions.
    The resolution provides a structured rule for consideration 
of H. Res. 9, instructing certain committees to report 
legislation replacing the job-killing health care law. The 
resolution provides that H. Res. 9 shall be considered as read. 
The resolution provides 1 hour of debate on H. Res. 9 equally 
divided and controlled by the chair and ranking minority member 
of the Committee on Rules, or their designees. The resolution 
makes in order the amendment to H. Res. 9 printed in part B of 
this report, if offered by Representative Matheson of Utah, or 
his designee, which shall be considered as read and shall be 
debatable for 10 minutes equally divided and controlled by the 
proponent and an opponent. All points of order are waived 
against the amendment printed in part B of the report. The 
resolution provides one motion to recommit H. Res. 9 without 
instructions.
    The resolution provides for consideration of a resolution 
if offered by the Majority Leader or his designee, relating to 
the status of certain actions taken by Members-elect, under a 
closed rule. The resolution provides 4 minutes of debate on the 
resolution equally divided and controlled by the Majority 
Leader and Minority Leader, or their designees.

                         EXPLANATION OF WAIVERS

    With respect to H.R. 2, the rule waives section 303(a) of 
the Congressional Budget Act, which prohibits the consideration 
of legislation providing new budget authority, change in 
revenues, change in public debt, new entitlement authority, or 
new credit authority for a fiscal year until the budget 
resolution for that fiscal year has been agreed to. The waiver 
is necessary because a budget resolution was never adopted for 
fiscal year 2011, and the Chairman of the Committee on the 
Budget has yet to submit in the Congressional Record budgetary 
aggregates and allocations for fiscal year 2011 pursuant to 
section 3(b)(1) of H. Res. 5.
    Although the rule waives all points of order against 
consideration of H. Res. 9, the committee is not aware of any 
waivers. The waiver of all points of order is prophylactic in 
nature.
    Although the rule waives all points of order against the 
consideration of the resolution contemplated in section 3 of 
the resolution, the committee does not anticipate the need for 
any waivers. The waiver of all points of order is prophylactic 
in nature.

                            COMMITTEE VOTES

    The results of each record vote on an amendment or motion 
to report, together with the names of those voting for and 
against, are printed below:

Rules Committee record vote No. 4

    Date: January 6, 2011.
    Measure: H.R. 2.
    Motion by: Ms. Slaughter.
    Summary of motion: Motion that the rule be amended to 
strike the Cantor Amendment.
    Results: Defeated 4-6.
    Vote by Members: Dreier--Nay; Foxx--Nay; Woodall--Nay; 
Nugent--Nay; Scott--Nay; Webster--Nay; Slaughter--Yea; 
McGovern--Yea; Hastings (FL)--Yea; Polis--Yea.

Rules Committee record vote No. 5

    Date: January 6, 2011.
    Measure: H.R. 2.
    Motion by: Ms. Slaughter.
    Summary of motion: Motion to report an open rule.
    Results: Defeated 4-6.
    Vote by Members: Dreier--Nay; Foxx--Nay; Woodall--Nay; 
Nugent--Nay; Scott--Nay; Webster--Nay; Slaughter--Yea; 
McGovern--Yea; Hastings (FL)--Yea; Polis--Yea.

Rules Committee record vote No. 6

    Date: January 6, 2011.
    Measure: H.R. 2.
    Motion by: Ms. Slaughter.
    Summary of motion: To make in order and provide appropriate 
waivers for an amendment by Rep. Tsongas (MA) et al. #15, which 
would state that repeal of the Affordable Care Act shall not 
take effect until the date upon which CBO certifies that repeal 
will not permit insurance companies to discriminate against 
women.
    Results: Defeated 4-6.
    Vote by Members: Dreier--Nay; Foxx--Nay; Woodall--Nay; 
Nugent--Nay; Scott--Nay; Webster--Nay; Slaughter--Yea; 
McGovern--Yea; Hastings (FL)--Yea; Polis--Yea.

Rules Committee record vote No. 7

    Date: January 6, 2011.
    Measure: H.R. 2.
    Motion by: Ms. Slaughter.
    Summary of motion: To make in order and provide appropriate 
waivers for an amendment by Rep. Sanchez (CA) et al., #16, 
would state that repeal of the Affordable Care Act shall not 
take effect until the date upon which CBO certifies that repeal 
will not permit insurance companies to rescind an individual's 
health coverage due to illness or impose annual and lifetime 
limits, as prohibited under the Affordable Care Act.
    Results: Defeated 4-6.
    Vote by Members: Dreier--Nay; Foxx--Nay; Woodall--Nay; 
Nugent--Nay; Scott--Nay; Webster--Nay; Slaughter--Yea; 
McGovern--Yea; Hastings (FL)--Yea; Polis--Yea.

Rules Committee record vote No. 8

    Date: January 6, 2011.
    Measure: H.R. 2.
    Motion by: Mr. McGovern.
    Summary of motion: To make in order and provide appropriate 
waivers for an amendment by Rep. Edwards (MD) and Rep. Engel 
(NY), #26, which would state repeal of the Patient Protection 
and Affordable Care Act shall not take effect unless and until 
the Director of the Office of Management and Budget, in 
consultation with the Director of the Congressional Budget 
Office, certifies to the Congress that the repeals effected by 
such section will not restore the ability of insurance 
companies to impose unreasonable premium increases as protected 
against under the Patient Protection and Affordable Care Act.
    Results: Defeated 4-6.
    Vote by Members: Dreier--Nay; Foxx--Nay; Woodall--Nay; 
Nugent--Nay; Scott--Nay; Webster--Nay; Slaughter--Yea; 
McGovern--Yea; Hastings (FL)--Yea; Polis--Yea.

Rules Committee record vote No. 9

    Date: January 6, 2011.
    Measure: H.R. 2.
    Motion by: Mr. McGovern.
    Summary of motion: To make in order and provide appropriate 
waivers for an amendment by Rep. Tierney (MA) et al. #27, which 
would state repeal of the Affordable Care Act shall not take 
effect unless and until the date upon which CBO certifies that 
repeal will not restore the ability of insurance companies to 
divert premium dollars from patients into insurance company 
profits and executive perks as prohibited under section 1001 of 
the Affordable Care Act.
    Results: Defeated 4-6.
    Vote by Members: Dreier--Nay; Foxx--Nay; Woodall--Nay; 
Nugent--Nay; Scott--Nay; Webster--Nay; Slaughter--Yea; 
McGovern--Yea; Hastings (FL)--Yea; Polis--Yea.

Rules Committee record vote No. 10

    Date: January 6, 2011.
    Measure: H.R. 2.
    Motion by: Mr. McGovern.
    Summary of motion: To make in order and provide appropriate 
waivers for an amendment by Rep. Castor (FL) et al. #14, which 
would state that repeal of the Affordable Care Act shall not 
take effect until the date upon which CBO certifies that repeal 
will not permit insurance companies to deny coverage to 
individuals due to a pre-existing condition, as prohibited 
under the Affordable Care Act.
    Results: Defeated 4-6.
    Vote by Members: Dreier--Nay; Foxx--Nay; Woodall--Nay; 
Nugent--Nay; Scott--Nay; Webster--Nay; Slaughter--Yea; 
McGovern--Yea; Hastings (FL)--Yea; Polis--Yea.

Rules Committee record vote No. 11

    Date: January 6, 2011.
    Measure: H.R. 2.
    Motion by: Mr. McGovern.
    Summary of motion: To make in order and provide appropriate 
waivers for an amendment by Rep. Larsen (WA) et al. #17, which 
would state that repeal of the Affordable Care Act shall not 
take effect until the date upon which CBO certifies that repeal 
will not eliminate health insurance coverage for young adults 
under 26 who are otherwise eligible for coverage under their 
parents' plan as a result of the Affordable Care Act.
    Results: Defeated 4-6.
    Vote by Members: Dreier--Nay; Foxx--Nay; Woodall--Nay; 
Nugent--Nay; Scott--Nay; Webster--Nay; Slaughter--Yea; 
McGovern--Yea; Hastings (FL)--Yea; Polis--Yea.

Rules Committee record vote No. 12

    Date: January 6, 2011.
    Measure: H.R. 2.
    Motion by: Mr. Hastings of Florida.
    Summary of motion: To make in order and provide appropriate 
waivers for an amendment by Rep. Thompson (MS) et al. #23, 
which would state that repealing the Patient Protection and 
Affordable Care Act shall not take effect unless and until the 
Director of the Office of Management and Budget, in 
consultation with the Director of the Congressional Budget 
Office, certifies to the Congress that the repeals effected by 
such section will not undermine access to primary care.
    Results: Defeated 4-6.
    Vote by Members: Dreier--Nay; Foxx--Nay; Woodall--Nay; 
Nugent--Nay; Scott--Nay; Webster--Nay; Slaughter--Yea; 
McGovern--Yea; Hastings (FL)--Yea; Polis--Yea.

Rules Committee record vote No. 13

    Date: January 6, 2011.
    Measure: H.R. 2.
    Motion by: Mr. Hastings of Florida.
    Summary of motion: To make in order and provide appropriate 
waivers for an amendment by Rep. Deutch (FL) et al., #20, which 
would state that the Repeal of the Affordable Care Act shall 
not take effect until the date upon which CBO certifies that 
repeal will not imperil Medicare and raise costs on seniors. 
Specifically, repeal will not: (a) raise drug costs to seniors 
and people with disabilities by re-opening the Medicare 
prescription drug donut hole; (b) eliminate free preventive 
health coverage; or (c) increase the incidence of fraud and 
abuse.
    Results: Defeated 4-6.
    Vote by Members: Dreier--Nay; Foxx--Nay; Woodall--Nay; 
Nugent--Nay; Scott--Nay; Webster--Nay; Slaughter--Yea; 
McGovern--Yea; Hastings (FL)--Yea; Polis--Yea.

Rules Committee record vote No. 14

    Date: January 6, 2011.
    Measure: H.R. 2.
    Motion by: Mr. Hastings of Florida.
    Summary of motion: To make in order and provide appropriate 
waivers for an amendment by Rep. Van Hollen (MD) et al., #18, 
which would state that repeal of the Affordable Care Act shall 
not take effect until the date upon which CBO certifies that 
repeal will not increase the deficit by eliminating the $230B 
over 10 years and $1.2T over 20 years in deficit savings 
achieved by the Affordable Care Act.
    Results: Defeated 4-6.
    Vote by Members: Dreier--Nay; Foxx--Nay; Woodall--Nay; 
Nugent--Nay; Scott--Nay; Webster--Nay; Slaughter--Yea; 
McGovern--Yea; Hastings (FL)--Yea; Polis--Yea.

Rules Committee record vote No. 15

    Date: January 6, 2011.
    Measure: H.R. 2.
    Motion by: Mr. Polis.
    Summary of motion: To make in order and provide appropriate 
waivers for an amendment by Rep. Peters (MI) et al., #19, which 
would state that repeal of the Affordable Care Act shall not 
take effect until the date upon which CBO certifies that repeal 
will not increase taxes on small businesses offering health 
insurance, including through the elimination of any tax credit 
as provided under the Affordable Care Act and will not increase 
costs for employers offering retiree benefits by eliminating 
the assistance provided to them under the Affordable Care Act 
to help maintain retiree health care benefits.
    Results: Defeated 4-6.
    Vote by Members: Dreier--Nay; Foxx--Nay; Woodall--Nay; 
Nugent--Nay; Scott--Nay; Webster--Nay; Slaughter--Yea; 
McGovern--Yea; Hastings (FL)--Yea; Polis--Yea.

Rules Committee record vote No. 16

    Date: January 6, 2011.
    Measure: H.R. 2.
    Motion by: Mr. Polis.
    Summary of motion: To make in order and provide appropriate 
waivers for an amendment by Rep. Heinrich (NM) et al., #22, 
which would state that repealing the Patient Protection and 
Affordable Care Act shall not take effect unless and until the 
Director of the Office of Management and Budget, in 
consultation with the Director of the Congressional Budget 
Office, certifies to the Congress that the repeals effected by 
such section will not shorten the life of the Federal Hospital 
Insurance Trust Fund, which the Patient Protection and 
Affordable Care Act extended by 12 years.
    Results: Defeated 4-6.
    Vote by Members: Dreier--Nay; Foxx--Nay; Woodall--Nay; 
Nugent--Nay; Scott--Nay; Webster--Nay; Slaughter--Yea; 
McGovern--Yea; Hastings (FL)--Yea; Polis--Yea.

Rules Committee record vote No. 17

    Date: January 6, 2011.
    Measure: H.R. 2.
    Motion by: Mr. Polis.
    Summary of motion: To make in order and provide appropriate 
waivers for an amendment by Rep. Welch (VT) et al., #21, which 
would state that repeal of the Affordable Care Act shall not 
take effect until the date upon which CBO certifies that repeal 
will not increase cost sharing or otherwise reduce access to 
preventive health benefits such as mammograms, colonoscopies, 
and diabetes screenings, including such benefits offered by 
private health plans or by Medicare provided by sections 1001 
and 4104 of the Affordable Care Act.
    Results: Defeated 4-6.
    Vote by Members: Dreier--Nay; Foxx--Nay; Woodall--Nay; 
Nugent--Nay; Scott--Nay; Webster--Nay; Slaughter--Yea; 
McGovern--Yea; Hastings (FL)--Yea; Polis--Yea.

Rules Committee record vote No. 18

    Date: January 6, 2011.
    Measure: H.R. 2 and H. Res. 9.
    Motion by: Ms. Foxx.
    Summary of motion: To report the rule.
    Results: Adopted 6-4.
    Vote by Members: Dreier--Yea; Foxx--Yea; Woodall--Yea; 
Nugent--Yea; Scott--Yea; Webster--Yea; Slaughter--Nay; 
McGovern--Nay; Hastings (FL)--Nay; Polis--Nay.

  SUMMARY OF AMENDMENT IN PART A TO BE CONSIDERED AS ADOPTED TO H.R. 2

    1. Cantor (VA): Would add the language required by 
statutory PAYGO for CBO scoring.

    SUMMARY OF AMENDMENT IN PART B TO BE MADE IN ORDER TO H. RES. 9

    1. Matheson (UT): Would instruct the Committee of 
jurisdiction to include a permanent fix to the Medicare 
physician payment formula in legislation to replace the Patient 
Protection and Affordable Care Act. (10 minutes)

    PART A--TEXT OF AMENDMENT TO BE CONSIDERED AS ADOPTED TO H.R. 2

  At the end of the bill, insert the following new section:

SEC. 3. BUDGETARY EFFECTS OF THIS ACT.

    The budgetary effects of this Act, for the purpose of 
complying with the Statutory Pay-As-You-Go Act of 2010, shall 
be determined by reference to the latest statement titled 
``Budgetary Effects of PAYGO Legislation'' for this Act, 
submitted for printing in the Congressional Record by the 
Chairman of the Committee on the Budget of the House of 
Representatives, as long as such statement has been submitted 
prior to the vote on passage of this Act.

       PART B--TEXT OF AMENDMENT TO BE MADE IN ORDER TO H. RES. 9

  In paragraph (11) of the resolved clause, strike ``or,''.
  In paragraph (12) of the resolved clause, strike the period 
and insert ``; or''.
  Add after paragraph (12) of the resolved clause the 
following:
          (13) enact a permanent fix to the flawed Medicare 
        sustainable growth rate formula used to determine 
        physician payments under title XVIII of the Social 
        Security Act to preserve health care for the nation's 
        seniors and to provide a stable environment for 
        physicians.

                                  
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