House Report 112-70 - PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 1213) TO REPEAL MANDATORY FUNDING PROVIDED TO STATES IN THE PATIENT PROTECTION AND AFFORDABLE CARE ACT TO ESTABLISH AMERICAN HEALTH BENEFIT EXCHANGES, AND PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 1214) TO REPEAL MANDATORY FUNDING FOR SCHOOL-BASED HEALTH CENTER CONSTRUCTION

[House Report 112-70]
[From the U.S. Government Publishing Office]

112th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 112-70

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PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 1213) TO REPEAL MANDATORY
FUNDING PROVIDED TO STATES IN THE PATIENT PROTECTION AND AFFORDABLE
CARE ACT TO ESTABLISH AMERICAN HEALTH BENEFIT EXCHANGES, AND PROVIDING
FOR CONSIDERATION OF THE BILL (H.R. 1214) TO REPEAL MANDATORY FUNDING
FOR SCHOOL-BASED HEALTH CENTER CONSTRUCTION

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May 2, 2011.--Referred to the House Calendar and ordered to be printed

_______

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

R E P O R T

[To accompany H. Res. 236]

The Committee on Rules, having had under consideration
House Resolution 236, by a nonrecord vote, 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. 1213, to
repeal mandatory funding provided to States in the Patient
Protection and Affordable Care Act to establish American Health
Benefit Exchanges, under a structured rule. The resolution
provides one hour of general debate equally divided and
controlled by the chair and ranking minority member of the
Committee on Energy and Commerce. The resolution waives all
points of order against consideration of the bill. The
resolution provides that the bill shall be considered as read.
The resolution waives all points of order against provisions in
the bill. The resolution makes in order only those amendments
printed in this report. Each such amendment may be offered only
in the order printed in this report, may be offered only by a
Member designated in this report, shall be considered as read,
shall be debatable for the time specified in this report
equally divided and controlled by the proponent and an
opponent, shall not be subject to amendment, and shall not be
subject to a demand for division of the question in the House
or in the Committee of the Whole. All points of order against
the amendments are waived. The resolution provides one motion
to recommit with or without instructions.
The resolution also provides for consideration of H.R.
1214, to repeal mandatory funding for school-based health
center construction, under a modified open rule. The resolution
provides for one hour of general debate equally divided and
controlled by the chair and ranking minority member of the
Committee on Energy and Commerce. The resolution waives all
points of order against consideration of the bill. The
resolution provides that the bill shall be considered as read.
The resolution waives all points of order against provisions in
the bill. The resolution makes in order only those amendments
that are received for printing in the portion of the
Congressional Record designated for that purpose in clause 8 of
rule XVIII in a daily issue dated May 2, 2011, and pro forma
amendments for the purpose of debate. Each amendment received
for printing in the Congressional Record may be offered only by
the Member who caused it to be printed or a designee, and each
such amendment shall be considered as read if printed. The
resolution provides one motion to recommit with or without
instructions.

EXPLANATION OF WAIVERS

Although the resolution waives all points of order against
consideration of H.R. 1213, the Committee is not aware of any
points of order against its consideration. The waiver of all
points of order is prophylactic.
Although the resolution waives all points of order against
provisions in H.R. 1213, the Committee is not aware of any
points of order against provisions in the bill. The waiver
against provisions in the bill is prophylactic in nature.
Although the resolution waives all points of order against
amendments printed in this report, the Committee is not aware
of any points of order against the amendments and therefore the
waiver is prophylactic in nature.
Although the resolution waives all points of order against
consideration of the H.R. 1214, the Committee is not aware of
any points of order against its consideration. The waiver of
all points of order is prophylactic.
Although the resolution waives all points of order against
provisions in H.R. 1214, the Committee is not aware of any
points of order against provisions in the bill. The waiver
against provisions in the bill 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. 86

Motion by Mr. Hastings of Florida to make in order
separately and provide the appropriate waivers for each of the
following amendments to H.R. 1213: Rep. Woolsey (CA), #2, would
preserve the competitive health insurance exchanges while also
enacting a public health insurance option, which would compete
with private plans within the exchanges; Rep. Ellison (MN), #3,
would require the Secretary of Health and Human Services to
submit to Congress a report of the impact of H.R. 1213 on the
uninsured rate in the United States; Rep. Waters (CA), #5,
would prevent the bill from taking effect if the Secretary of
Health and Human Services certifies that a significant number
of uninsured Americans would have difficulty obtaining
affordable health insurance coverage without being able to
access a Health Benefit Exchange; Rep. Waters (CA), #6, would
prevent the bill from taking effect until legislation is
enacted that repeals the requirement for states to establish
Health Benefit Exchanges; Rep. Waters (CA), #7, would prevent
the bill from taking effect if the Governors of five or more
states each certify that their states may be unable to afford
to establish a Health Benefit Exchange without any federal
assistance; Rep. Waters (CA), #9, would require, within 6
months after enactment, the Secretary of Health and Human
Services to submit to Congress a report on the extent to which
uninsured Americans will have difficulty obtaining affordable
health insurance coverage without being able to access such
coverage through Health Benefit Exchanges; Rep. Welch (VT),
#10, would direct the Government Accountability Office to
conduct a study to determine the extent to which the repeal of
funding to states for Health Benefit Exchanges will result in a
decrease of the number of individuals who have access to health
insurance. Defeated: 3-9

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Majority Members Vote Minority Members Vote
----------------------------------------------------------------------------------------------------------------
Mr. Sessions.................................... Nay Mr. McGovern...................... Yea
Ms. Foxx........................................ Nay Mr. Hastings of Florida........... Yea
Mr. Bishop of Utah.............................. Nay Mr. Polis......................... Yea
Mr. Woodall..................................... Nay
Mr. Nugent...................................... Nay
Mr. Scott of South Carolina..................... Nay
Mr. Webster..................................... Nay
Mr. Reed........................................ Nay
Mr. Dreier, Chairman............................ Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 87

Motion by Mr. Hastings of Florida to report an open rule
for H.R. 1213. Defeated: 3-9

SUMMARY OF AMENDMENTS MADE IN ORDER

1. Jackson Lee (TX): Would require the Secretary of Health
and Human Services to post notice of rescission of funds and
the amount rescinded on the public website of the Department of
Health and Human Services. (10 minutes)
2. Waters (CA): Would require, within 6 months after
enactment, the Secretary of Health and Human Services to submit
to Congress a report on the extent to which states are expected
to have difficulties establishing Health Benefit Exchanges
without the federal assistance repealed and rescinded under
this bill. (10 minutes)
3. Ellison (MN): Would require the Secretary of Health and
Human Services to submit to Congress a report on the impact of
H.R. 1213 on the possible delays and potential enrollment
reductions to Health Benefit Exchanges. (10 minutes)
4. Pallone (NJ): Would require GAO to report on benefits of
funding in setting up state run exchanges that reflect that
state's marketplace, as opposed to state exchanges established
and operated by the federal government. (10 minutes)
5. Welch (VT) AMENDMENT IN THE NATURE OF A SUBSTITUTE:
Would preserve funding for establishment of Health Benefit
Exchanges for states that apply for early innovator grants
before 2012. The funds used shall be subject to availability of
appropriations up to $1.9 billion. (10 minutes)

TEXT OF AMENDMENTS MADE IN ORDER

1. An Amendment To Be Offered by Representative Jackson Lee of Texas or
Her Designee, Debatable for 10 Minutes

In section 1, add at the end the following:
(c) Notice of Rescission of Unobligated Funds.--Not later
than 10 days after the date of the enactment of this Act, the
Secretary of Health and Human Services shall post on the public
website of the Department of Health and Human Services a notice
of--
(1) the rescission, pursuant to subsection (b), of
the unobligated balance of funds made available by
section 1311(a) of the Patient Protection and
Affordable Care Act (42 U.S.C. 18031(a)); and
(2) the amount of such funds so rescinded.
----------

2. An Amendment To Be Offered by Representative Waters of California or
Her Designee, Debatable for 10 Minutes

At the end of section 1, add the following new subsection:
(c) Report.--Not later than 6 months after the date of the
enactment of this Act, the Secretary of Health and Human
Services shall submit to Congress a report on the extent to
which States are expected to have difficulties establishing
Health Benefit Exchanges without Federal assistance repealed
and rescinded under subsections (a) and (b).
----------

3. An Amendment To Be Offered by Representative Ellison of Minnesota or
His Designee, Debatable for 10 Minutes

Add at the end of section 1 the following new subsection:
(c) Report.--Not later than 6 months after the date of the
enactment of this Act, the Secretary of Health and Human
Services shall submit to Congress a report that contains the
results of a study on the possible delays and potential
enrollment reductions into Health Benefit Exchanges as a result
of the repeal and rescission of funds under subsections (a) and
(b).
----------

4. An Amendment To Be Offered by Representative Pallone of New Jersey
or His Designee, Debatable for 10 Minutes

In section 1, add at the end the following:
(c) GAO Report on Impacts That Funding Would Have on States
Establishing Exchanges, if Not Repealed and Rescinded.--
(1) Study.--The Comptroller General of the United
States shall conduct a study to determine the impacts
that expenditures by States, using the funding made
available under subsection (a) of section 1311 of the
Patient Protection and Affordable Care Act (42 U.S.C.
18031), would have in establishing State-run American
Health Benefit Exchanges (as described in subsection
(b) of such section) that reflect the marketplace of
the specific State (as opposed to State exchanges
established and operated by the Federal Government), if
such funding were not repealed and rescinded under
subsections (a) and (b) of this section. In determining
such impacts, the Comptroller General shall at a
minimum address--
(A) whether employers with over 50 employees
are permitted in such Exchanges to purchase
insurance over time;
(B) what type financing mechanisms will be
used to operate such Exchanges;
(C) whether such Exchanges will be active
negotiators in selecting health plans to obtain
the best price and quality for citizens;
(D) whether States will operate such
Exchanges together with one or more other
States; and
(E) whether there will be more than one such
Exchange (subsidiary exchanges), each serving a
geographically distinct area, in some States.
(2) Report.--Not later than 1 year after the date of
the enactment of this Act, the Comptroller General
shall submit to the Congress a report setting forth the
results and conclusions of the study under paragraph
(1).
----------

5. An Amendment in the Nature of a Substitute To Be Offered by
Representative Welch of Vermont or His Designee, Debatable for 10
Minutes

Strike all after the enacting clause and insert the
following:

SECTION 1. PRESERVING EXCHANGE GRANTS FOR STATES THAT APPLY FOR EARLY
INNOVATOR GRANTS BEFORE 2012, SUBJECT TO
AVAILABILITY OF APPROPRIATIONS.

(a) In General.--Section 1311(a) of the Patient Protection
and Affordable Care Act (42 U.S.C. 18031(a)) is amended--
(1) in paragraph (1)--
(A) by striking ``shall be appropriated to
the Secretary, out of any moneys in the
Treasury not otherwise appropriated'' and
inserting ``is authorized to be appropriated'';
(B) by inserting ``(not to exceed
$1,900,000,000)'' after ``an amount''; and
(C) by inserting ``that apply for an early
innovator grant (as described in the January
20, 2011, Department of Health and Human
Services funding opportunity announcement)
before December 31, 2011,'' after ``States'';
(2) in paragraph (2), by striking ``available to each
State'' inserting ``available, subject to the amounts
made available by an appropriations Act pursuant to
paragraph (1), to each State described in paragraph
(1)'';
(3) in paragraph (4)(A), by inserting ``, subject to
the amounts made available by an appropriations Act
pursuant to such paragraph,'' after ``under paragraph
(1)''; and
(4) in paragraph (5), by striking ``provide technical
assistance to States'' and inserting ``, subject to the
amounts made available by an appropriations Act
pursuant to paragraph (1), provide technical assistance
to States described in paragraph (1)''.
(b) Rescission of Unobligated Funds.--Of the funds
appropriated under such section 1311(a) before the date of the
enactment of this Act, the unobligated balance is rescinded.