99–008 

112TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 112–1 

INSTRUCTING CERTAIN COMMITTEES TO REPORT LEGISLATION REPLACING THE JOB-KILLING HEALTH CARE 

LAW 

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. 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 Judiciary, 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. 


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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 Medicare 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. 


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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 rankand-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 

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. 


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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. 

Æ 


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