[Congressional Record Volume 158, Number 103 (Wednesday, July 11, 2012)]
[House]
[Pages H4806-H4808]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
REPEAL OF OBAMACARE ACT
The SPEAKER pro tempore. Pursuant to clause 1(c) of rule XIX, further
consideration of the bill (H.R. 6079) to repeal the Patient Protection
and Affordable Care Act and health care-related provisions in the
Health Care and Education Reconciliation Act of 2010, will now resume.
The Clerk read the title of the bill.
Motion to Recommit
Mr. ANDREWS. Madam Speaker, I have a motion to recommit at the desk.
The SPEAKER pro tempore. Is the gentleman opposed to the bill?
Mr. ANDREWS. I am.
The SPEAKER pro tempore. The Clerk will report the motion to
recommit.
The Clerk read as follows:
Mr. Andrews moves to recommit the bill H.R. 6079 to the
Committees on Energy and Commerce, Ways and Means, and
Education and the Workforce with instructions to report the
same to the House forthwith with the following amendment:
Add at the end the following new section:
SEC. 5. MEMBERS OF THE HOUSE OF REPRESENTATIVES WHO VOTE TO
REPEAL HEALTH CARE FOR THEIR CONSTITUENTS MUST
FORFEIT THEIR OWN TAXPAYER-SUBSIDIZED HEALTH
BENEFITS.
(a) Forfeiture of FEHBP Benefits by Any Member Voting in
Favor of Health Care Repeal.--A Member of the House of
Representatives who votes in favor of passage of this Act
(including the repeal of the patient benefit protection
provisions described in subsection (b)) shall become
ineligible to participate, as such a Member, in the federally
funded Federal employees health benefits program (FEHBP)
under chapter 89 of title 5, United States Code, effective at
the beginning of the first month after the date of the
enactment of this Act.
(b) Patient Benefit Protection Provisions.--For purposes of
subsection (a), the patient benefit protection provisions
described in this subsection include any provision of (or
amendment made by) the Patient Protection and Affordable Care
Act or the Health Care and Education and Reconciliation Act
of 2010 that provides for or protects patient benefits,
including the following:
(1) Prohibition of preexisting condition exclusions.--
Section 2704 of the Public Health Service Act relating to the
prohibition of preexisting condition exclusions or other
discrimination based on health status.
(2) Fair health insurance premiums.--Section 2701 of the
Public Health Service Act relating to fair health insurance
premiums, and prohibiting gender-based discriminatory premium
rates.
(3) Coverage of adult children until age 26.--Section 2714
of the Public Health Service Act relating to the extension of
dependent coverage for adult children until age 26.
(4) Closure of medicare part d donut hole.--Section 1860D-
14A of the Social Security Act relating to the Medicare part
D coverage gap discount program.
(5) No lifetime or annual limits.--Section 2711 of the
Public Health Service Act relating to no lifetime or annual
limits.
(6) Preventive health services coverage without cost
sharing.--
(A) Section 2713 of the Public Health Service Act relating
to the coverage of preventive health services without cost
sharing.
(B) The amendments made by sections 4103 and 4104 of the
Patient Protection and Affordable Care Act (as amended by
section 10406 of such Act), relating to an annual Medicare
wellness visit and Medicare payment for preventive services
without cost sharing including colorectal cancer screening.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New
Jersey is recognized for 5 minutes in support of the motion.
(Mr. ANDREWS asked and was given permission to revise and extend his
remarks.)
Mr. ANDREWS. Madam Speaker, if my amendment passes, we will proceed
immediately to final passage of this bill. It doesn't delay or defer
consideration in any way.
My amendment raises the following question: Should Members of
Congress live by the same laws we write for everyone else?
I say we should.
The last 2 days have been filled with sincere focus and passionate
debate about the future of the Affordable Care Act. Members whom I
respect and admire have taken strong positions saying we should repeal
the law. Members whom I respect and admire have taken strong positions
saying we should uphold and enforce the law, as I believe strongly.
But whether you believe in the repeal of the law or the upholding of
the law, you ought to believe in the basic principle that when we write
a law around here, we should live by that law the same way everybody
else does. So my final amendment says that supporters of repeal should
live by the same consequences that everyone else will live by if they
succeed in repealing the law.
You see, because if my amendment does not pass and the bill passes,
Members of Congress will be protected if an insurance company tries to
discriminate against us because we have had breast cancer or asthma or
diabetes, but our constituents will not enjoy that protection.
If my amendment does not pass but the underlying repeal bill does
pass, Members of Congress cannot be forced to pay higher premiums
because they are female or because they are a certain age, but our
constituents will not enjoy that protection.
If the final bill passes without my amendment passing, we will be
able to take our sons and daughters who are less than 26 years of age
and keep them on our own policies, but the people who pay our salaries,
our constituents, will not have that protection.
If the underlying repeal bill passes without the amendment that I'm
offering, then we would, as Members of Congress, get help paying high
prescription drug bills under Medicare, but our constituents under
Medicare would not enjoy that same benefit.
If my amendment does not pass, and the underlying repeal bill passes,
if, God forbid, a member of our families is struck with a horrible
disease or malignancy and runs up millions of dollars of bills, the
insurance company will not be allowed to say, ``Sorry, we're going to
stop paying your health care bills because you've run up against a
lifetime or annual policy limit,'' but Members of Congress will have
that protection.
So, you see, I think this comes down to a basic point: If we write a
law, we should live by it. This is something that I think most Members,
liberal, conservative, Republican, Democrat, say when we go home to our
district.
We, frankly, have all encountered constituents who wonder why we
don't pay into Social Security. The truth is we all do--we all do--just
the way our constituents do.
We run into constituents who say that they don't understand why our
sons and daughters can pay off their student loans or get them forgiven
for free when their kids can't. That's false. Our sons and daughters
live under exactly the same student loan rules everybody else does.
We have people ask us, you know, how come we don't follow the tax
laws everybody else does. We most certainly do. Republican, Democrat,
liberal, and
[[Page H4807]]
conservative live by exactly the same laws that we write.
{time} 1510
I don't think we should make an exception to that policy here. And if
you don't vote for this final underlying amendment--and I think we all
should--if you don't vote for this final underlying amendment,
understand what happens. Members of Congress are protected against
preexisting conditions, but our constituents aren't. Members of
Congress are permitted to have our sons and daughters on our policies
until they're 26, but our constituents can't. Members of Congress can't
be charged more for premiums because of their age or their gender, but
our constituents can. Members of Congress under Medicare would get
certain rights and privileges and their prescription drugs, but our
seniors and constituents can't.
I think whether we agree or disagree with the Affordable Care Act, we
all ought to agree with this principle: When Congress writes a law, we
should all live by it.
So I would respectfully say to my friends, both Republican and
Democrat, if you believe in the law you're having to vote for today,
then vote to live under it as well. Vote ``yes'' on this motion to
recommit.
I yield back the balance of my time.
Mr. CANTOR. Madam Speaker, I rise in opposition to the motion to
recommit.
The SPEAKER pro tempore. The gentleman from Virginia is recognized
for 5 minutes.
Mr. CANTOR. Thank you, Madam Speaker.
First of all, I would say to the gentleman, my friend from New
Jersey, we on this side of the aisle care about the health care of the
American people. That's why we're here. That's why I brought this bill
forward, along with and on behalf of my colleagues. It is not about
Members of Congress. It is not about trying to say that you get health
care and we don't get health care.
This is a dire situation for millions of Americans. There are so many
things going on right now--critical, critical needs out there across
this country where people are out of work, people don't have their
health care. People are hurting. And for us to sit here and discuss a
motion to recommit like this, I just don't think, Madam Speaker, it is
what the American people would like us to be doing. It is about health
care for Americans.
Most Americans do have health care. Most Americans like the health
care they have, but it's just too expensive. And more and more
Americans are going to go without health care because of this law. And
as the President said when he first started this discussion in 2009,
Americans that have health care and like it should be able to keep it.
Well, that is clearly a promise that's been broken. And we are trying
to end the era of broken promises. We are trying to end the era of
Washington-controlled health care.
We believe, as do most of the American people, that patient-centered
care is our goal. That's where we need to start. We start along the
path towards that goal by repealing ObamaCare. ObamaCare has added cost
upon cost. In fact, the average American family, in terms of the
premiums that they pay, has paid a premium increase of approximately
$1,200 since the passage of ObamaCare. In fact, the CBO estimates that
insurance premiums for individuals buying private health coverage on
their own will increase by $2,100 in 2016 compared to what the premiums
would have been if the law had not passed. This is why, when study
after study is showing that people are not able to keep the health care
they like, it's because of the cost. People aren't able to afford it.
The employers are unable to afford it.
We are after patient-centered care. We are after affordable care. And
we are trying to improve and enlarge the access to care. ObamaCare
fails on all those fronts.
So, Madam Speaker, it is not a game to be played, as is evident in
this motion to recommit. It is about the American people and that
health care.
Madam Speaker, I urge my colleagues to vote against the motion to
recommit and urge them instead to vote for the passage of repeal of
ObamaCare.
I yield back the balance of my time.
The SPEAKER pro tempore. Without objection, the previous question is
ordered on the motion to recommit.
There was no objection.
The SPEAKER pro tempore. The question is on the motion to recommit.
The question was taken; and the Speaker pro tempore announced that
the noes appeared to have it.
Mr. ANDREWS. Madam Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 and clause 9 of rule
XX, this 15-minute vote on the motion to recommit will be followed by
5-minute votes on passage of the bill, if ordered, and adoption of
House Resolution 726.
The vote was taken by electronic device, and there were--yeas 180,
nays 248, not voting 3, as follows:
[Roll No. 459]
YEAS--180
Ackerman
Altmire
Andrews
Baca
Baldwin
Barber
Bass (CA)
Becerra
Berkley
Berman
Bishop (GA)
Bishop (NY)
Blumenauer
Bonamici
Boswell
Brady (PA)
Braley (IA)
Brown (FL)
Butterfield
Capps
Capuano
Cardoza
Carnahan
Carney
Carson (IN)
Castor (FL)
Chandler
Chu
Cicilline
Clarke (MI)
Clarke (NY)
Clay
Cleaver
Clyburn
Connolly (VA)
Conyers
Cooper
Costa
Costello
Courtney
Critz
Crowley
Cuellar
Cummings
Davis (CA)
Davis (IL)
DeFazio
DeGette
DeLauro
Deutch
Dicks
Dingell
Doggett
Donnelly (IN)
Doyle
Edwards
Ellison
Engel
Eshoo
Farr
Fattah
Filner
Frank (MA)
Fudge
Garamendi
Gonzalez
Green, Al
Green, Gene
Grijalva
Gutierrez
Hahn
Hanabusa
Hastings (FL)
Heinrich
Higgins
Himes
Hinchey
Hinojosa
Hirono
Hochul
Holden
Holt
Honda
Israel
Jackson Lee (TX)
Johnson (GA)
Johnson, E. B.
Kaptur
Keating
Kildee
Kind
Kucinich
Langevin
Larsen (WA)
Larson (CT)
Lee (CA)
Levin
Lewis (GA)
Lipinski
Loebsack
Lofgren, Zoe
Lowey
Lujan
Lynch
Maloney
Markey
Matsui
McCarthy (NY)
McCollum
McDermott
McGovern
McIntyre
McNerney
Meeks
Michaud
Miller (NC)
Miller, George
Moore
Moran
Murphy (CT)
Nadler
Napolitano
Neal
Olver
Owens
Pallone
Pascrell
Pastor (AZ)
Pelosi
Perlmutter
Peters
Peterson
Pingree (ME)
Polis
Price (NC)
Quigley
Rahall
Rangel
Reyes
Richardson
Richmond
Rothman (NJ)
Roybal-Allard
Ruppersberger
Rush
Ryan (OH)
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Schakowsky
Schiff
Schrader
Schwartz
Scott (VA)
Scott, David
Serrano
Sewell
Sherman
Sires
Slaughter
Speier
Stark
Sutton
Thompson (CA)
Thompson (MS)
Tierney
Tonko
Towns
Tsongas
Velazquez
Visclosky
Walz (MN)
Wasserman Schultz
Waters
Watt
Waxman
Welch
Wilson (FL)
Woolsey
Yarmuth
NAYS--248
Adams
Aderholt
Akin
Alexander
Amash
Amodei
Austria
Bachmann
Bachus
Barletta
Barrow
Bartlett
Barton (TX)
Bass (NH)
Benishek
Berg
Biggert
Bilbray
Bilirakis
Bishop (UT)
Black
Blackburn
Bono Mack
Boren
Boustany
Brady (TX)
Brooks
Broun (GA)
Buchanan
Bucshon
Buerkle
Burgess
Burton (IN)
Calvert
Camp
Campbell
Canseco
Cantor
Capito
Carter
Cassidy
Chabot
Chaffetz
Coble
Coffman (CO)
Cohen
Cole
Conaway
Cravaack
Crawford
Crenshaw
Culberson
Davis (KY)
Denham
Dent
DesJarlais
Diaz-Balart
Dold
Dreier
Duffy
Duncan (SC)
Duncan (TN)
Ellmers
Emerson
Farenthold
Fincher
Fitzpatrick
Flake
Fleischmann
Fleming
Flores
Forbes
Fortenberry
Foxx
Franks (AZ)
Frelinghuysen
Gallegly
Gardner
Garrett
Gerlach
Gibbs
Gibson
Gingrey (GA)
Gohmert
Goodlatte
Gosar
Gowdy
Granger
Graves (GA)
Graves (MO)
Griffin (AR)
Griffith (VA)
Grimm
Guinta
Guthrie
Hall
Hanna
Harper
Harris
Hartzler
Hastings (WA)
Hayworth
Heck
Hensarling
Herger
Herrera Beutler
Hoyer
Huelskamp
Huizenga (MI)
Hultgren
Hunter
Hurt
Issa
Jenkins
Johnson (IL)
Johnson (OH)
Johnson, Sam
Jones
Jordan
Kelly
King (IA)
King (NY)
Kingston
Kinzinger (IL)
Kissell
Kline
Labrador
Lamborn
Lance
Landry
Lankford
Latham
LaTourette
Latta
Lewis (CA)
LoBiondo
Long
Lucas
Luetkemeyer
Lummis
Lungren, Daniel E.
Mack
Manzullo
Marchant
Marino
Matheson
McCarthy (CA)
McCaul
McClintock
McHenry
McKeon
McKinley
McMorris Rodgers
Meehan
Mica
Miller (FL)
Miller (MI)
Miller, Gary
Mulvaney
Murphy (PA)
[[Page H4808]]
Myrick
Neugebauer
Noem
Nugent
Nunes
Nunnelee
Olson
Palazzo
Paul
Paulsen
Pearce
Pence
Petri
Pitts
Platts
Poe (TX)
Pompeo
Posey
Price (GA)
Quayle
Reed
Rehberg
Reichert
Renacci
Ribble
Rigell
Rivera
Roby
Roe (TN)
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Rokita
Rooney
Ros-Lehtinen
Roskam
Ross (AR)
Ross (FL)
Royce
Runyan
Ryan (WI)
Scalise
Schilling
Schmidt
Schock
Schweikert
Scott (SC)
Scott, Austin
Sensenbrenner
Sessions
Shimkus
Shuler
Shuster
Simpson
Smith (NE)
Smith (NJ)
Smith (TX)
Smith (WA)
Southerland
Stearns
Stivers
Stutzman
Sullivan
Terry
Thompson (PA)
Thornberry
Tiberi
Tipton
Turner (NY)
Turner (OH)
Upton
Walberg
Walden
Walsh (IL)
Webster
West
Westmoreland
Whitfield
Wilson (SC)
Wittman
Wolf
Womack
Woodall
Yoder
Young (AK)
Young (FL)
Young (IN)
NOT VOTING--3
Bonner
Jackson (IL)
Van Hollen
{time} 1545
Messrs. RIGELL, GARY G. MILLER of California, PALAZZO, BARROW, and
SMITH of Washington changed their vote from ``yea'' to ``nay.''
Messrs. CICILLINE, CHANDLER, and CONYERS changed their vote from
``nay'' to ``yea.''
So the motion to recommit was rejected.
The result of the vote was announced as above recorded.
Stated for:
Mr. VAN HOLLEN. Madam Speaker, on rollcall No. 459, I was unavoidably
detained. Had I been present, I would have voted ``yea.''
The SPEAKER pro tempore. The question is on the passage of the bill.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Recorded Vote
Mr. ANDREWS. Madam Speaker, I demand a recorded vote.
A recorded vote was ordered.
The SPEAKER pro tempore. This is a 5-minute vote.
The vote was taken by electronic device, and there were--ayes 244,
noes 185, not voting 2, as follows:
[Roll No. 460]
AYES--244
Adams
Aderholt
Akin
Alexander
Amash
Amodei
Austria
Bachmann
Bachus
Barletta
Bartlett
Barton (TX)
Bass (NH)
Benishek
Berg
Biggert
Bilbray
Bilirakis
Bishop (UT)
Black
Blackburn
Bono Mack
Boren
Boustany
Brady (TX)
Brooks
Broun (GA)
Buchanan
Bucshon
Buerkle
Burgess
Burton (IN)
Calvert
Camp
Campbell
Canseco
Cantor
Capito
Carter
Cassidy
Chabot
Chaffetz
Coble
Coffman (CO)
Cole
Conaway
Cravaack
Crawford
Crenshaw
Culberson
Davis (KY)
Denham
Dent
DesJarlais
Diaz-Balart
Dold
Dreier
Duffy
Duncan (SC)
Duncan (TN)
Ellmers
Emerson
Farenthold
Fincher
Fitzpatrick
Flake
Fleischmann
Fleming
Flores
Forbes
Fortenberry
Foxx
Franks (AZ)
Frelinghuysen
Gallegly
Gardner
Garrett
Gerlach
Gibbs
Gibson
Gingrey (GA)
Gohmert
Goodlatte
Gosar
Gowdy
Granger
Graves (GA)
Graves (MO)
Griffin (AR)
Griffith (VA)
Grimm
Guinta
Guthrie
Hall
Hanna
Harper
Harris
Hartzler
Hastings (WA)
Hayworth
Heck
Hensarling
Herger
Herrera Beutler
Huelskamp
Huizenga (MI)
Hultgren
Hunter
Hurt
Issa
Jenkins
Johnson (IL)
Johnson (OH)
Johnson, Sam
Jones
Jordan
Kelly
King (IA)
King (NY)
Kingston
Kinzinger (IL)
Kissell
Kline
Labrador
Lamborn
Lance
Landry
Lankford
Latham
LaTourette
Latta
Lewis (CA)
LoBiondo
Long
Lucas
Luetkemeyer
Lummis
Lungren, Daniel E.
Mack
Manzullo
Marchant
Marino
Matheson
McCarthy (CA)
McCaul
McClintock
McHenry
McIntyre
McKeon
McKinley
McMorris Rodgers
Meehan
Mica
Miller (FL)
Miller (MI)
Miller, Gary
Mulvaney
Murphy (PA)
Myrick
Neugebauer
Noem
Nugent
Nunes
Nunnelee
Olson
Palazzo
Paul
Paulsen
Pearce
Pence
Petri
Pitts
Platts
Poe (TX)
Pompeo
Posey
Price (GA)
Quayle
Reed
Rehberg
Reichert
Renacci
Ribble
Rigell
Rivera
Roby
Roe (TN)
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Rokita
Rooney
Ros-Lehtinen
Roskam
Ross (AR)
Ross (FL)
Royce
Runyan
Ryan (WI)
Scalise
Schilling
Schmidt
Schock
Schweikert
Scott (SC)
Scott, Austin
Sensenbrenner
Sessions
Shimkus
Shuster
Simpson
Smith (NE)
Smith (NJ)
Smith (TX)
Southerland
Stearns
Stivers
Stutzman
Sullivan
Terry
Thompson (PA)
Thornberry
Tiberi
Tipton
Turner (NY)
Turner (OH)
Upton
Walberg
Walden
Walsh (IL)
Webster
West
Westmoreland
Whitfield
Wilson (SC)
Wittman
Wolf
Womack
Woodall
Yoder
Young (AK)
Young (FL)
Young (IN)
NOES--185
Ackerman
Altmire
Andrews
Baca
Baldwin
Barber
Barrow
Bass (CA)
Becerra
Berkley
Berman
Bishop (GA)
Bishop (NY)
Blumenauer
Bonamici
Boswell
Brady (PA)
Braley (IA)
Brown (FL)
Butterfield
Capps
Capuano
Cardoza
Carnahan
Carney
Carson (IN)
Castor (FL)
Chandler
Chu
Cicilline
Clarke (MI)
Clarke (NY)
Clay
Cleaver
Clyburn
Cohen
Connolly (VA)
Conyers
Cooper
Costa
Costello
Courtney
Critz
Crowley
Cuellar
Cummings
Davis (CA)
Davis (IL)
DeFazio
DeGette
DeLauro
Deutch
Dicks
Dingell
Doggett
Donnelly (IN)
Doyle
Edwards
Ellison
Engel
Eshoo
Farr
Fattah
Filner
Frank (MA)
Fudge
Garamendi
Gonzalez
Green, Al
Green, Gene
Grijalva
Gutierrez
Hahn
Hanabusa
Hastings (FL)
Heinrich
Higgins
Himes
Hinchey
Hinojosa
Hirono
Hochul
Holden
Holt
Honda
Hoyer
Israel
Jackson Lee (TX)
Johnson (GA)
Johnson, E. B.
Kaptur
Keating
Kildee
Kind
Kucinich
Langevin
Larsen (WA)
Larson (CT)
Lee (CA)
Levin
Lewis (GA)
Lipinski
Loebsack
Lofgren, Zoe
Lowey
Lujan
Lynch
Maloney
Markey
Matsui
McCarthy (NY)
McCollum
McDermott
McGovern
McNerney
Meeks
Michaud
Miller (NC)
Miller, George
Moore
Moran
Murphy (CT)
Nadler
Napolitano
Neal
Olver
Owens
Pallone
Pascrell
Pastor (AZ)
Pelosi
Perlmutter
Peters
Peterson
Pingree (ME)
Polis
Price (NC)
Quigley
Rahall
Rangel
Reyes
Richardson
Richmond
Rothman (NJ)
Roybal-Allard
Ruppersberger
Rush
Ryan (OH)
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Schakowsky
Schiff
Schrader
Schwartz
Scott (VA)
Scott, David
Serrano
Sewell
Sherman
Shuler
Sires
Slaughter
Smith (WA)
Speier
Stark
Sutton
Thompson (CA)
Thompson (MS)
Tierney
Tonko
Towns
Tsongas
Van Hollen
Velazquez
Visclosky
Walz (MN)
Wasserman Schultz
Waters
Watt
Waxman
Welch
Wilson (FL)
Woolsey
Yarmuth
NOT VOTING--2
Bonner
Jackson (IL)
{time} 1553
So the bill was passed.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
____________________