[Congressional Record Volume 161, Number 11 (Thursday, January 22, 2015)]
[House]
[Pages H485-H511]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
{time} 0915
NO TAXPAYER FUNDING FOR ABORTION AND ABORTION INSURANCE FULL DISCLOSURE
ACT OF 2015
Ms. FOXX. Mr. Speaker, by direction of the Committee on Rules, I call
up House Resolution 42 and ask for its immediate consideration.
The Clerk read the resolution, as follows:
H. Res. 42
Resolved, That upon adoption of this resolution it shall be
in order to consider in the House the bill (H.R. 7) to
prohibit taxpayer funded abortions. All points of order
against consideration of the bill are waived. The bill shall
be considered as read. All points of order against provisions
in the bill are waived. The previous question shall be
considered as ordered on the bill and on any amendment
thereto to final passage without intervening motion except:
(1) one hour of debate equally divided and controlled by the
Majority Leader and Minority Leader or their respective
designees; and (2) one motion to recommit.
The SPEAKER pro tempore (Mr. Hultgren). The gentlewoman from North
Carolina is recognized for 1 hour.
Ms. FOXX. Mr. Speaker, for the purpose of debate only, I yield the
customary 30 minutes to the gentlewoman from New York (Ms. Slaughter),
pending which I yield myself such time as I may consume. During
consideration of this resolution, all time yielded is for the purpose
of debate only.
General Leave
Ms. FOXX. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days to revise and extend their remarks.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from North Carolina?
There was no objection.
Ms. FOXX. Mr. Speaker, House Resolution 42 provides for a closed rule
allowing consideration of H.R. 7, the No Taxpayer Funding for Abortion
Act.
Since 1973, at least 52 million children's lives have been tragically
taken by abortion in the United States. It is unconscionable that in
America, where we fight for life, liberty, and the pursuit of
happiness, we tolerate this systematic extermination of an entire
generation of the most vulnerable among us.
In the midst of that darkness, there has been one area of consensus,
Mr. Speaker: protecting taxpayers from paying for a practice they
sincerely oppose. Since 1976, the Hyde amendment, which prohibits the
Federal funding of abortions, has been included in relevant
appropriations bills. Each year it has been consistently renewed and
supported by congressional majorities and Presidents of both parties.
NARAL, an abortion advocacy group, has suggested that prohibiting
public funds for abortion reduces abortion rates by roughly 50 percent.
That means that half of the women who would have otherwise had a
publicly funded abortion end up carrying their baby to term.
In 1993, the Congressional Budget Office estimated that the Hyde
amendment prevented as many as 675,000 abortions every single year.
That means that millions of Americans are alive today because of the
Hyde amendment. After 38 years, it is time for this lifesaving
amendment to become permanent law.
When Barack Obama was elected in 2008, a myriad of long-established
laws, including the Hyde amendment, created a mostly uniform policy
that Federal programs did not pay for abortion or subsidize health
plans that included coverage of abortion, with only narrow exceptions.
Unfortunately, ObamaCare destroyed that longstanding policy,
bypassing the Hyde amendment restriction and paving the way for
publicly funded abortions. The President's health care law authorized
massive Federal subsidies to assist millions of Americans to purchase
private health plans that will cover abortions on demand. In other
words, Mr. Speaker, hard-earned taxpayer dollars are now being used to
pay for elective abortions. This is simply unacceptable.
H.R. 7 will codify the principles of the Hyde amendment on a
permanent, governmentwide basis, which means that it will apply to
longstanding Federal health programs such as Medicaid, SCHIP, and
Federal employees' health benefits, as well as to new programs created
by ObamaCare.
H.R. 7 prohibits the use of Federal funds for abortions. It does so
by, one, prohibiting all Federal funding for abortions; two,
prohibiting Federal subsidies for ACA health care plans that include
coverage for abortion; three, prohibiting the use of Federal facilities
for abortion; and four, prohibiting Federal employees from performing
abortions.
This commonsense measure, which restores a longstanding bipartisan
agreement, protects the unborn and prevents taxpayers from being forced
to fund thousands of abortions.
For these reasons, I urge my colleagues to vote to respect our
Nation's consensus on abortion funding and affirm life by voting in
favor of this rule and H.R. 7.
I reserve the balance of my time.
Ms. SLAUGHTER. Mr. Speaker, I thank the gentlewoman for yielding me
the customary 30 minutes, and I yield myself such time as I may
consume.
Mr. Speaker, down the hall in the old House Chamber stands Clio, Muse
of History. Perched atop the room, she is riding the Chariot of Time.
She has watched silently over the proceedings of this House since 1807.
And in the folio that rests in the crook of her arm, she records every
move, large and small, for the benefit of all generations, past,
present, and future. What she is recording today is, I am certain, a
disappointment.
The proceedings playing out before us today show a blatant, overt
disrespect for the time-honored rules of this House, first written by
Thomas Jefferson in 1801.
The bill that was supposed to come to the floor today, a bill that
would have stripped women of their right to constitutionally protected
medical care, was so odious and destructive that some of the women of
the Republican Conference rebelled against it. It was based on unsound
and fictitious science and caused such a meltdown in the Republican
Conference that the House majority pulled it from the floor for fear
that it wouldn't pass. But something had to be done because visitors
were coming to town for the 42nd anniversary of the landmark Supreme
Court decision Roe v. Wade.
On this day, there are floods of visitors here in the Nation's
Capital to fight against that ruling, to protest that decision, and to
raise their clarion call against a woman's right to choose.
In this current Congress, this bill was not brought to us under
regular order--as not many are. It had no committee action. It had no
hearings, no markup, no witnesses testified in favor or against it, and
it came out of the Rules Committee and to the floor today under a
closed rule.
One of the ever-ready alternatives came to us late last night, and it
is even worse than the one it replaced. It seems that the majority has
an endless supply of bills attacking women's health. Can't pass this
one? Grab another. Can't pass that one? Just take the next one. Their
insistence on attacking women's health seemingly knows no bounds.
Because this bill has not seen any committee action in the current
Congress, no one has been able to read it or to weigh in on it or amend
it, and some of us would like a clarification on the sordid history of
this bill.
In the earliest version of this bill, which was in the 112th
Congress, there was a phrase that lit a firestorm across the Nation. It
was ``forcible rape.'' The bill was, indeed, the one that would have
required women to prove that
[[Page H486]]
their rape was ``forcible'' so it could be categorized as
``legitimate.'' Has nothing been learned here?
The next iteration of the bill, in the 113th Congress, included a
provision--and listen to this, America--that would have required the
IRS to audit women who had had abortions to ensure that the pregnancy
that they terminated had been the result of rape or incest.
This extreme legislation, which is a dust-covered holdover from the
last Congress, was originally sponsored by a man, originated from a
subcommittee composed of 13 men, and was passed out of the Judiciary
Committee with the votes of 21 Republican men. Remember those pictures,
America, all of those men sitting there deciding what women's health
would be about? It is a perfect illustration of a problem we have had
for a long time, that men in blue suits and red ties determine what
women can and should do when it comes to their own health or bodies.
This bill is absolutely a solution in search of a problem. As Ms.
Foxx pointed out, all this is taken care of. There is no tax money for
abortions. The bill in its current form would permanently prohibit low-
income women, civil servants, District of Columbia residents, and
military women from accessing a full range of reproductive services by
codifying the Hyde amendment, which unfortunately already requires no
taxpayer funds be spent on abortions except in very limited services.
It has been this way for decades. Congress should be repealing these
unfair and discriminatory bans, not doubling down on them.
Are these provisions still in the current bill text before us? We
have had no chance to check, and it has been awhile since we have seen
this bill.
This display is a messaging opportunity and another attempt to
dismantle the Affordable Care Act. This bill not only threatens women
who buy their insurance on public exchanges with Federal tax credits
but also threatens women who use their own private money to pay for
their health insurance on the exchanges. Experts tell us this would
jeopardize the availability of abortion coverage for all women, no
matter where they buy their insurance.
When the House considered this bill in the previous Congress, it was
attempt number 49. Today, it is attempt number 55. That is right,
ladies and gentlemen, 55 votes the majority has held in this Chamber to
take health care away from their own constituents. The House majority
has wasted nearly $80 million of taxpayer money to destroy the
Affordable Care Act.
Infrastructure money, anyone?
Time and again, we see the House majority turn their backs on the
people they represent and force an extreme agenda, one filled with
poison pills that would take our country backward, backward to a time
when women died from back-alley abortions; backward to a time of women
in desperate circumstances seeking illegal procedures performed by
strangers with dirty hands in unspeakable conditions; backward to a
time when medical choices were not the choice of the woman, but of the
public; backward to a time when women who ``got themselves into
trouble'' by getting pregnant could not work and could not go to
school.
These choices are personal. They are not public. A woman's actions
regarding her own reproductive health should include anyone she deems
appropriate, not politicians in Washington or State capitals scoring
political points off her health care.
With that, I reserve the balance of my time.
Ms. FOXX. Madam Speaker, as my colleague knows, this legislation is
identical to H.R. 7, which passed the House last Congress after moving
through regular order, including a full committee markup.
Madam Speaker, I yield 5 minutes to the distinguished gentleman from
New Jersey (Mr. Smith), one of the strongest champions of life in this
House.
Mr. SMITH of New Jersey. Madam Speaker, I thank my friend for
yielding and for her leadership, and for reminding us that this bill
passed the House last year in identical form. The only thing changed
are the dates, because obviously they had to be updated. It is a 12-
page bill which can be very quickly read by any Member. And the only
reason we have to be here is because the Senate wouldn't provide a vote
on it. So the Senate just shelved it, and we are now bringing it back
up on the floor.
Madam Speaker, because abortion dismembers, decapitates, or
chemically poisons unborn children to death--the part of abortion that
my friends on the other side of this issue have a keen reluctance to
not look at and to avoid, abortion methods--we know we will soon have
the pain-capable legislation on the floor, and it will come to the
floor. We know that children suffer excruciating pain from
dismemberment. Piece by piece, a child is literally pulled apart--arms,
legs, torso, and decapitation. That is the reality of abortion, Madam
Speaker.
Because of all of this, Americans have consistently demanded--and now
in ever-growing numbers--that public funds not pay for abortion. I
would point out to my colleagues that yesterday the Marist Poll found
that 68 percent of Americans oppose taxpayer funding for abortions, and
that includes 69 percent of women; 71 percent of the next generation,
the millennials, oppose taxpayer funding for abortion.
Madam Speaker, H.R. 7 will save lives. We know the Hyde amendment has
probably saved at least 1 million lives, children who are on soccer
fields today or in school, perhaps even getting married, people who
live because the Hyde amendment has been in effect since the 1970s.
Over a million children are alive because of that restriction of
abortion from Medicaid funding.
{time} 0930
H.R. 7 seeks to accomplish three goals. It makes the Hyde amendment
and other current funding prohibitions permanent, so they don't have to
be included in the annual appropriations bills. It ensures that the
Affordable Care Act faithfully conforms with the Hyde amendment, as
promised by the President.
It provides full disclosure, transparency, and prominent display of
the extent to which any health insurance plan on the exchange funds
abortion. Now, that is all being done stealthily, hidden from the
consumer. They have no idea when they are buying a plan that the plan
is paying for abortion on demand.
Let me remind my colleagues that in the runup to passage of the
Affordable Care Act, Americans were assured by President Obama himself,
right there at the podium, and he said in September of 2009 that
``under our plan, no Federal dollars will be used to fund abortion.''
That is the President's word.
He also said on March 24, 2010, in order to get a number of pro-life
Democrats, he gave them his word and wrote that the Affordable Care Act
``maintains current Hyde amendment restrictions governing abortion
policy and extends those restrictions to newly created health insurance
exchanges.'' Nothing, Madam Speaker, could be further from the truth.
We asked the General Accountability Office last year to look into how
many of these plans were paying for abortion. They came back and said
well over 1,000 insurance plans on the exchange were funding abortion
on demand, completely contrary to what our President told us would be
the case in a speech to all of us in 2009 and then in an executive
order that he issued.
Agree or disagree on the abortion issue, but let's always be
truthful. President Obama told us funding wouldn't be in there, yet it
is.
There is also problems with transparency. Senator Ben Nelson, in
order to procure his vote, said there has to be two payments for
abortion if it is included when the bill is on the Senate side.
He said: ``If you are receiving Federal assistance to buy insurance
and if that plan has any abortion coverage, the insurance company must
bill you separately, and you must pay separately from your own personal
funds--perhaps a credit card transaction, your separate personal check,
or automatic withdrawal from your bank account--for that abortion
coverage. Now, let me say that again. You have to write two checks: one
for the basic policy and one for the additional coverage for
abortion.''
That is not being implemented either, so the premium is all rolled
into one. Again, conscientious pro-life Americans who do not want to be
complicit in the wounding of women and the killing of babies are paying
for
[[Page H487]]
abortion, and many of them don't even know it.
I hope that Members will vote for the rule, and to those who think
that there will be no debate and vote on the Pain-Capable Unborn Child
Protection Act, that will come to the floor; and, again, you defend
dismemberment abortions at 20 weeks, 21 weeks, 23 weeks, where the
child suffers excruciating pain.
I reserve the balance of my time.
Ms. SLAUGHTER. Madam Speaker, I yield myself 30 seconds to say there
is no scientific evidence at all. As a matter of fact, gynecologists
have all written to us--and we have their statements--that there is no
way of fetal pain at 20 weeks.
I yield to the gentlewoman from Maryland (Ms. Edwards) for the
purpose of a unanimous consent request.
Ms. EDWARDS. Madam Speaker, I ask unanimous consent to insert my
statement in the Record that the House should vote for bigger paychecks
and better infrastructure instead of attacking women's access to health
care.
The SPEAKER pro tempore (Mrs. Black). Is there objection to the
request of the gentlewoman from Maryland?
There was no objection.
Ms. SLAUGHTER. Madam Speaker, I yield to the gentlewoman from Florida
(Ms. Frankel) for the purpose of a unanimous consent request.
Ms. FRANKEL of Florida. Madam Speaker, I ask unanimous consent to
insert my statement in the Record that the House should vote for bigger
paychecks and better infrastructure instead of attacking women's access
to health care.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from Florida?
There was no objection.
Ms. SLAUGHTER. Madam Speaker, I yield to the gentlewoman from
Michigan (Mrs. Lawrence) for the purpose of a unanimous consent
request.
Mrs. LAWRENCE. Madam Speaker, I ask unanimous consent to insert my
statement in the Record, as a woman and as a Member of Congress and a
citizen of the United States, that the House should vote for bigger
paychecks, and they should vote for better infrastructure instead of
attacking women's access to health care.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from Michigan?
There was no objection.
announcement by the speaker pro tempore
The SPEAKER pro tempore. The gentlewoman will suspend for a moment.
The Chair would advise Members that although a unanimous consent
request to insert remarks in debate may comprise a simple, declarative
statement of the Member's attitude toward the pending measure,
embellishments beyond that standard constitute debate and can become an
imposition on the time of the Member who has yielded for that purpose.
The Chair will entertain as many requests to insert as may be
necessary to accommodate Members, but the Chair also must ask Members
to cooperate by confining such remarks to the proper form.
Ms. SLAUGHTER. Thank you, Madam Speaker. The Chair is correct, and we
will do that.
Madam Speaker, I yield to the gentlewoman from North Carolina (Ms.
Adams) for the purpose of a unanimous consent request.
Ms. ADAMS. Madam Speaker, I ask unanimous consent to insert my
statement in the Record that the House should vote for bigger paychecks
and better infrastructure instead of attacking women's access to health
care.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from North Carolina?
There was no objection.
Ms. SLAUGHTER. Madam Speaker, I yield to the gentlewoman from
California (Ms. Chu) for the purpose of a unanimous consent request.
Ms. JUDY CHU of California. Madam Speaker, I ask unanimous consent to
insert my statement in the Record that the House should vote for bigger
paychecks and better infrastructure instead of attacking women's access
to health care.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from California?
There was no objection.
Ms. SLAUGHTER. Madam Speaker, I yield to the gentlewoman from
Massachusetts (Ms. Tsongas) for the purpose of a unanimous consent
request.
Ms. TSONGAS. Madam Speaker, I ask unanimous consent to insert my
statement in the Record that the House should vote for bigger paychecks
and better infrastructure instead of attacking women's access to health
care.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from Massachusetts?
There was no objection.
Ms. SLAUGHTER. Madam Speaker, I yield to the gentleman from New York
(Mr. Tonko) for the purpose of a unanimous consent request.
Mr. TONKO. Madam Speaker, I ask unanimous consent to insert my
statement in the Record that the House should vote for bigger paychecks
and better infrastructure instead of attacking women's access to health
care.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from New York?
There was no objection.
Ms. SLAUGHTER. Madam Speaker, I yield to the gentlewoman from
Illinois (Ms. Schakowsky) for the purpose of a unanimous consent
request.
Ms. SCHAKOWSKY. Madam Speaker, I ask unanimous consent to insert my
statement in the Record that the House should vote for bigger paychecks
and better infrastructure instead of attacking women's access to health
care.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from Illinois?
There was no objection.
Ms. SLAUGHTER. Madam Speaker, I yield to the gentleman from
California (Mr. Lowenthal) for the purpose of a unanimous consent
request.
Mr. LOWENTHAL. Madam Speaker, I ask unanimous consent to insert my
statement in the Record that the House should vote for bigger paychecks
and better infrastructure instead of attacking women's access to health
care.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from California?
There was no objection.
Ms. SLAUGHTER. Madam Speaker, I yield to the gentleman from New York
(Mr. Nadler) for the purpose of a unanimous consent request.
Mr. NADLER. Madam Speaker, I ask unanimous consent to insert my
statement in the Record that the House should vote for bigger paychecks
and better infrastructure instead of attacking women's access to health
care.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from New York?
There was no objection.
Ms. SLAUGHTER. Madam Speaker, I yield 1\1/2\ minutes to the
gentlewoman from Washington (Ms. DelBene) to speak as a member of the
Committee on the Judiciary.
Ms. DelBENE. Madam Speaker, I rise in strong opposition to the rule
and the underlying bill.
H.R. 7 is yet another direct attack on women and their families. It
creates sweeping new restrictions on abortion coverage for women who
purchase insurance under the Affordable Care Act, with no meaningful
exception to protect a woman's health, and experts predict that
it could cause many insurers to limit women's health options in their
plans altogether.
This bill injects ideology into personal medical decisions and puts
politicians, rather than doctors, in charge of women's health care.
Instead of this extreme legislation, Congress should address the real
challenges facing women and families today.
At a time when 42 million women are either living in poverty or on
the brink of it, Congress must do more to help. We should be focused on
expanding access to child care, providing workers with paid sick leave,
and ensuring women equal pay for equal work. This bill does none of
these. It fails women and their families.
I urge my colleagues to vote ``no'' on both the rule and H.R. 7.
Ms. FOXX. Madam Speaker, I yield 1\1/2\ minutes to the distinguished
gentleman from Texas, Dr. Babin.
Mr. BABIN. Madam Speaker, I rise in strong support of H.R. 7, the No
Taxpayer Funding for Abortion Act. It is plain wrong to use America's
hard-earned tax dollars to pay for abortions.
On September 9, 2009, President Obama told the joint session of
Congress:
One more misunderstanding I want to clear up--under our plan, no
Federal dollars will be used to fund abortions,
[[Page H488]]
and Federal conscience laws will remain in place.
Those of us in the pro-life community knew that this was simply not
the case, and last September, the Government Accountability Office
confirmed that, under ObamaCare, abortions are being paid for with
taxpayer funds by more than 1,000 ObamaCare exchange plans across the
country.
Our bill ends taxpayer funding for abortion, fulfilling one of the
promises that this President has broken. Let's pass this bill and end
the largest expansion of taxpayer-funded abortion in American history.
Ms. SLAUGHTER. Madam Speaker, I yield 1 minute to the gentlewoman
from Florida (Ms. Frankel).
Ms. FRANKEL of Florida. Madam Speaker, I thank the gentlewoman from
New York for yielding.
I, too, rise in opposition to the rule and the underlying bill.
Today, on the 42nd anniversary of Roe v. Wade, we should be
celebrating it, not dismantling it. I heard my colleagues on the other
side of the aisle talk about pain.
Well, do you want to know about pain? Think back in horror to the
perils for our mothers, our daughters, and our sisters in the days
before the Supreme Court ruled that women have a constitutional right
to make our own personal health care decisions.
Back then, our country faced a public health crisis as women were
maimed, made sterile, and lost their lives as a result of self-
inflicted or illegal abortions. I remember finding a friend who was
near death as a result of a back alley procedure.
Since Roe v. Wade, State after State, including Florida, my home
State, has passed onerous laws criminalizing doctors, requiring
unnecessary tests, and other insidious obstructions to prevent access
to abortion.
Today, Congress again piles on to the damage hurting the poorest of
our citizens.
The SPEAKER pro tempore. The time of the gentlewoman has expired.
Ms. SLAUGHTER. Madam Speaker, I yield the gentlewoman an additional
30 seconds.
Ms. FRANKEL of Florida. Here is a much better way to make lives
better for our children, and that is to allow their mothers to live
full, productive lives; and instead of this bill, pass the Women's
Health Protection Act to ensure that no matter where a woman lives, she
has access to the resources needed to make her own health care
decisions.
We cannot and will not go back.
Ms. FOXX. Madam Speaker, I yield 1 minute to the gentleman from
Michigan, Dr. Benishek.
Mr. BENISHEK. Madam Speaker, I rise today in support of the rights of
the unborn and urge my colleagues to vote in favor of this rule.
I, along with many in northern Michigan, believe that life inside the
womb is just as precious as life outside the womb and must be
protected. Both unborn and born children have a right to life.
The No Taxpayer Funding for Abortion Act will ensure that taxpayer
dollars are not used to subsidize a practice that so many of my
constituents cannot condone. Your hard-earned tax dollars should not be
used to pay for abortions.
I served as a doctor for 30 years in northern Michigan, and I have
had the awesome gift of witnessing the miracle of new life in the
delivery room. I have also been blessed with the experience as a father
and a grandfather, and I know how life-changing this event can be.
I want to commend the pro-life grassroots efforts led by passionate
advocates in our local communities. Thank you for the hard work that
you do to educate our communities on the value of life.
I urge my colleagues to support this important legislation.
{time} 0945
Ms. SLAUGHTER. Madam Speaker, I am pleased to yield 1 minute to the
gentleman from Rhode Island (Mr. Cicilline), a member of the Committee
on the Judiciary.
Mr. CICILLINE. I thank the gentlewoman for yielding.
Madam Speaker, despite the misleading title of this bill, the fact is
that there is no Federal taxpayer funding of abortion right now except
in very limited circumstances.
H.R. 7 would for the first time place restrictions on how women with
private insurance can spend private dollars in purchasing health care.
It would also likely result in the loss of access to comprehensive
health care for millions of women who work for small businesses or who
will be purchasing insurance in the Health Insurance Marketplaces.
Politicians are not medical experts and should not be dictating health
care decisions for women.
House Republicans are scrambling this morning to consider the rule
for H.R. 7 at the last minute because it became clear that the overly
restrictive and unconstitutional 20-week abortion ban would fail a
floor vote. Why? Because Americans support comprehensive health care
for all women. House Republicans should be bringing up bills to
strengthen the economy, to guarantee women equal pay for equal work, to
raise the minimum wage, to make child care affordable, and not limit a
woman's access to health services in a desperate attempt to relitigate
a very divisive issue.
Ms. FOXX. Madam Speaker, I yield myself such time as I may consume.
H.R. 7, the No Taxpayer Funding for Abortion Act, codifies many
longstanding pro-life protections that have been passed under both
Republican- and Democrat-controlled Congresses. The majority of
taxpayers oppose Federal funding for abortion, as demonstrated in poll
after poll:
A recent Marist poll showed that 58 percent of respondents oppose or
strongly oppose using any tax dollars for abortions;
During the ObamaCare debate, a 2010 Zogby/O'Leary poll found that 76
percent of Americans said that Federal funds should never pay for an
abortion or should pay only to save the life of the mother;
A January 2010 Quinnipiac University poll showed that 67 percent of
respondents opposed the Federal funding of abortion;
An April 2011 CNN poll showed that 61 percent of respondents opposed
public funding for abortion;
A November 2009 Washington Post poll showed that 61 percent of
respondents opposed government subsidies for health insurance that
include abortion;
A September 2009 International Communications Research poll showed
that 67 percent of respondents opposed any measure that would ``require
people to pay for abortion coverage with their Federal taxes.''
In other words, Madam Speaker, the American people do not want the
government spending their hard-earned tax dollars to destroy innocent
human life--period.
Like most taxpayers, employers also prefer plans that preclude
abortion coverage. According to the insurance industry's trade
association, ``Most insurers offer plans that include abortion
coverage, but most employers choose not to offer it as part of their
benefits packages.''
Even Minority Leader Nancy Pelosi has voted numerous times to
prohibit taxpayer funding for abortion in the District of Columbia.
President Obama voted against the taxpayer funding of abortion in the
District of Columbia twice when he was in the Senate, and since being
elected, he has signed appropriations legislation into law that
prohibits this funding.
As you can see, Madam Speaker, opposition to taxpayer funding for
abortion is bipartisan, bicameral, and is supported by the majority of
the American people. It is time to restore the status quo on the
government funding of abortion and make this widely supported policy
permanent across the Federal Government. Therefore, I urge my
colleagues to support this rule and H.R. 7.
I reserve the balance of my time.
Ms. SLAUGHTER. Madam Speaker, I yield 1 minute to the gentleman from
New York (Mr. Nadler).
Mr. NADLER. I thank the gentlewoman for yielding.
Madam Speaker, I will comment on the demerits of this terrible bill
in the debate on the bill. I want to comment now on how this bill got
before us.
This is, I think, the fifth bill we have considered in this Congress.
Not one of those bills went through committee. Not one of those bills
had a markup, a hearing, an opportunity for people to amend the bills
in committee, and now the bills come to the floor for an hour
[[Page H489]]
of debate with no opportunity to offer amendments. This is hardly the
transparency and the due process that the GOP leaders promised us.
This bill is even worse because this bill was not on the calendar
until late last night. Yesterday, when the Republican anti-choice women
rebelled at the terrible rape provisions of the bill we were supposed
to debate today and when they found they couldn't pass a bill today on
the anniversary of Roe v. Wade, they brought another off-the-shelf
bill, which is a terrible bill, with no hearing in committee, no debate
in committee, no markup, no opportunity to offer amendments, no vote in
committee, no opportunity to offer amendments on the floor.
This is not the way you run or should run the House of
Representatives of the United States. It is a shameful procedure for a
shameful bill.
Ms. FOXX. Madam Speaker, I yield 1 minute to the gentleman from New
Jersey (Mr. Smith).
Mr. SMITH of New Jersey. Madam Speaker, I just want to remind my
colleagues that H.R. 7 passed last year. It passed with an overwhelming
majority. It is the same bill. It went through regular order. Hearings
and a markup were held, and the legislation came through regular order
in the House of Representatives. The problem has been the Senate, which
has refused to take up this bill for well over a year, so we are back
to take up a bill that has already been approved by the House in
regular order.
Let me remind my colleagues as well that, next week, we will be
taking up a number of bills that will combat human trafficking. Madam
Speaker, I am the prime sponsor of the Trafficking Victims Protection
Act of 2000, Americans' landmark law to combat the hideous crime of sex
trafficking and labor trafficking.
We have a number of important antihuman trafficking bills that passed
the House but sat over on the Senate side for a year or more--some of
them--including two of mine, and we are talking about bringing those
bills up next week. Regular order was followed last year on those
bills--just like H.R. 7. Those bills languished on the Senate side.
Surely, we can come together to combat human trafficking. The flaw in
the process was the Senate and its former leadership unwillingness to
vote on House-passed legislation.
Ms. SLAUGHTER. Madam Speaker, I am pleased to yield 3 minutes to the
gentlewoman from Colorado (Ms. DeGette), a member of the Energy and
Commerce Committee.
Ms. DeGETTE. Thank you very much.
Madam Speaker, I am going to state this as simply as I can. There is
no public funding for abortion. Whether you like it or not, the Hyde
amendment, which has been the law of this land for decades now, says
there is no public funding for abortion. That has not changed. There is
no public funding for abortion under the Affordable Care Act or any
other government program.
This bill would vastly expand the current restrictions on a woman's
right to get her own health care through her insurance, with her own
private money, that she, her family, and her doctor think she needs.
Let me say how this would work. Under H.R. 7, people who buy their
insurance in exchanges--and their employers--now would not be able to
spend their own private dollars to buy insurance that they need for
themselves and their families.
This not only would be a radical expansion over current law, it would
be a terrible wedge between patients and their doctors. I do not care
how many polls there are that you might cite, because the vast majority
of Americans think that a woman's private health care decisions should
be made between herself, her family, and her doctor--certainly, not by
politicians in Washington, D.C.
H.R. 7 is an idea that has been proposed time and again. It is not
going anywhere. I am sure it will probably pass this House today, and
it will go over to the other body, and it will die. If not, the
President will veto it.
Here are my questions to my friends on the other side of the aisle:
Why aren't we spending this week talking about how the women of America
can get better paychecks? Why aren't we spending our time talking this
week about how the women and men of America can get tax credits so that
the children they do have can go to child care that is quality child
care? Why aren't we spending our time this week talking about how women
and men should be able to get paid the same amount for doing the very
same job?
That is what I think this Congress should be spending its time doing,
not passing these bills which are false statements about a woman's
private decisions about her health care. I urge the body to defeat this
bill.
Ms. FOXX. Madam Speaker, I yield myself such time as I may consume.
I want to say as forcefully as I can that there is nothing in H.R. 7
that restricts the private sale of plans that include abortion. There
is nothing in H.R. 7 that restricts the private sale of plans that
include abortion. Consistent with the Hyde amendment, the bill ensures
that Federal dollars--wherever those Federal dollars come from--do not
subsidize plans that cover abortion.
What is important to explain is that the Hyde amendment has only in
the past applied to annual appropriations bills. As we have done our
best to explain to the American people, ObamaCare is not subject to
annual appropriations bills but is funded under mandatory spending.
Therefore, Madam Speaker, it is important that we codify that no
Federal funds can be used for abortions. That is what this bill does.
If our colleagues believe it is unnecessary, then they should have no
problem voting for it because, then, it is not doing anything that
violates what has been done in the past. However, this bill is
necessary. Let me say again, Madam Speaker, that H.R. 7 simply codifies
the longstanding bipartisan agreement that Federal taxpayer funding
should not be used to destroy innocent life.
H.R. 7 does so by establishing a permanent, governmentwide
prohibition on taxpayer subsidies for abortion and abortion coverage,
including cutting off taxpayer funding for plans that include abortion
under ObamaCare;
It prevents funding for abortion in government programs like
Medicaid, the Federal Health Benefits Program, and the Children's
Health Insurance Program;
The bill also ensures that subsidies made available in the form of
refundable tax credits under the ACA are prevented from flowing to
plans that include abortion;
H.R. 7 also explicitly states that private individuals may purchase
separate abortion coverage or plans that include abortion as long as no
Federal subsidies are used to pay for the abortion coverage. Similarly,
H.R. 7 explicitly states that insurance companies may offer abortion
coverage as long as the coverage is not paid for by using taxpayer
dollars.
Madam Speaker, I yield 1 minute to the gentlewoman from North
Carolina (Mrs. Ellmers).
Mrs. ELLMERS. Thank you to my colleague from North Carolina for, once
again, being such a strong defender of life.
Madam Speaker, I rise today to offer my support for H.R. 7. I believe
in the sanctity of human life and that life begins at conception and
ends at death. My life's experiences as a mom, as a nurse, and as a
Christian have helped me to form these core beliefs.
I have held the hands of newborn infants, and I have held the hands
of elderly patients in the last moments of their lives. I have been
blessed to have had such special moments, and because of them, I know
that every life is precious and is a gift from God and that it is not
for us to judge its worth.
Madam Speaker, the unborn need us to stand up for them and to be the
voice that they do not have. I support this legislation, and I
encourage my colleagues to do so as well.
{time} 1000
Ms. SLAUGHTER. Madam Speaker, I yield myself 30 seconds to say that
we have heard what is in this bill, but this bill was taken out of the
used-bill freezer last night at 9 o'clock, against all the rules, and
put on the floor today. We really don't know what is in this bill.
I am pleased to yield 2 minutes to the gentleman from New York (Mr.
Crowley), a member of the Committee on Ways and Means.
Mr. CROWLEY. I thank my friend from Rochester for yielding me this
time.
[[Page H490]]
Madam Speaker, if at first you don't succeed, try again. That is
clearly what my Republican colleagues are doing this morning.
The bill Republicans initially attempted to bring to the floor today
would have required women to go to the police before they could even
address their own health care needs. They abandoned that first line of
attack on women's health because it was too extreme, even for members
of their own party. But they weren't going to let something like that
stop them from pandering to the rightwing flank. Fortunately for the
Republicans, they have a long list of bills that attack health care and
women's access to care. So it is easy for them to just swap it out for
another extremist effort. Their partisan base will be happy--but at the
expense of the health of many women and families in our country.
This bill will have a serious impact on families' ability to make
their own health care decisions. It will raise taxes on hardworking
Americans just if they happen to choose a health care plan that this
majority doesn't like. And for what? So my Republican colleagues can
score cheap political points.
This is not what the American people want. They want an agenda that
lifts people up. They want us to be working on legislation that creates
jobs, boosts paychecks in this country, and strengthens our economy.
This bill will do none of these things. It is nothing but a cynical
attempt to put politics where it doesn't belong.
Vote ``no'' on this rule and vote ``no'' on this blatant political
gambit.
I understand how embarrassing this may be to the Republicans because
of the little snafu within their own caucus, but please put aside this
petty politics. Let's get on to the real business of creating more jobs
in this country and boosting a person's pay in this land. That is what
the American people want and need.
Ms. FOXX. Madam Speaker, I yield 2 minutes to my distinguished
colleague from Tennessee (Mrs. Blackburn).
Mrs. BLACKBURN. I want to thank the gentlewoman from North Carolina
for her diligence and efforts on this issue.
Madam Speaker, I think we all are pleased to have so many of our
constituents in town today who are supporting life and supporting that
concept of life, liberty, and freedom.
It is such an honor today to come to the floor and talk about an
issue that 68 percent of the American people agree on. Listening to my
colleagues talking about how this is partisan and just for our base, I
am glad that they think 68 percent of the American people are our
base--because they do agree with us. Seventy-one percent of millennials
agree with us on this issue. And the issue is simply this: there should
not be taxpayer dollars used to pay for abortions.
The gentleman from New Jersey (Mr. Smith) has done a tremendous
amount of work on this bill. I thank him for his diligence, his
attention, and for working to get H.R. 7 in the right form, ready to
move forward and to bring this issue into the light.
We have got three things we want to focus on in this bill. Number
one, there is enormous bipartisan support--I would say near unanimous
bipartisan support--for the Hyde amendment language. Title I of this
bill is going to make that permanent.
Madam Speaker, what that means is no longer do we have to revote this
over and over and over. The Hyde amendment language will be the applied
standard.
Title II of this bill will apply that to ObamaCare.
The SPEAKER pro tempore. The time of the gentlewoman has expired.
Ms. FOXX. I yield the gentlewoman an additional 1 minute.
Mrs. BLACKBURN. Madam Speaker, what it will do is apply that to
ObamaCare, the Affordable Care Act.
Now the reason it is imperative, the President promised on numerous
occasions, Madam Speaker, that there would be no taxpayer dollars,
which become Federal funds, used for abortion. This was a big debate as
we went through the Affordable Care Act.
What we have learned from not us but from the GAO is that we have in
the marketplace 1,036 plans. We have over 1,000 plans that allow those
dollars into those plans. What this bill will also do is bring
transparency not only to the plans but to the money flow, so that
hardworking American taxpayers who do not want their money used to pay
for abortion--68 percent agree with us--will have clarity and certainty
on the issue.
Ms. SLAUGHTER. Madam Speaker, I am pleased to yield 2 minutes to the
gentlewoman from New York (Mrs. Lowey), the ranking member of the
Committee on Appropriations.
Mrs. LOWEY. I thank the distinguished ranking member.
Madam Speaker, I am totally puzzled. I came to the floor thinking
that we were going to be focused on creating jobs, putting people to
work, helping our young people go to college, and reducing student loan
debts. Where is the regular procedure that my friends on the other side
of the aisle were going to bring to the House? Where did this bill come
from? Did it come from the committee process? No.
Let me make this very, very clear. I knew Henry Hyde. I worked with
Henry Hyde. The Hyde amendment is the law of the land. There is no
public money for abortion.
This is a radical bill that restricts women paying for private
insurance with their own dollars. Millions of women would lose
comprehensive health care. I just don't understand it.
As an appropriator, we still have not brought the Homeland Security
bill to the floor. As a resident of New York, I am concerned by
possible attacks.
Let's do our work. Let's move on.
The SPEAKER pro tempore. The time of the gentlewoman has expired.
Ms. SLAUGHTER. I yield the gentlewoman an additional 1 minute.
Mrs. LOWEY. To my friends on the other side of the aisle, this bill
just came to the floor without serious discussion and when there is no
public money for abortion today as a result of the Hyde amendment.
I look forward to bringing a Homeland Security bill to the floor. As
I began to say, as a New Yorker, I am concerned about potential threats
to our country.
Let's get to work. Let's create jobs. Let's do the work that our
citizens--our constituents--brought us here to do. I don't understand
this bill. And in closing, there is no public money for abortion.
Ms. FOXX. Madam Speaker, I yield myself such time as I may consume.
The passage of H.R. 7 will be welcome news for the majority of
Americans who do not want their tax dollars paying for the grisly
business of abortion. This bill will make existing policies like the
Hyde amendment permanent and will rid ObamaCare of its massive
expansion of public funding for abortion insurance plans.
The President repeatedly assured Americans that ObamaCare would
``maintain current Hyde amendment restrictions governing abortion
policy and extend those restrictions to newly created health insurance
exchanges.'' Unfortunately, Madam Speaker, that promise didn't pan out.
It now joins ``if you like your plan, you can keep it'' in President
Obama's panoply of broken promises.
Madam Speaker, today, hundreds of thousands of Americans are coming
to Washington, D.C., to brave the cold and march for life. Participants
hail from all 50 States, have various religions, and are from all
different walks of life and ages. But the one thing they have in common
is the shared dedication to protecting the unborn.
The March for Life gives a voice to the voiceless and sends a
powerful message to the Representatives of the people assembled here in
Congress. It is heartening that so many Americans of different
backgrounds are willing to take a stand for life.
Madam Speaker, this is not a partisan issue and this is not a
partisan bill. H.R. 7 reflects the bipartisan, bicameral agreement that
our government should not be in the business of subsidizing abortions.
This is not a radical idea. It is a commonsense proposal that codifies
a longstanding compromise. Therefore, I again urge my colleagues to
vote for this rule and H.R. 7.
I reserve the balance of my time.
Ms. SLAUGHTER. Madam Speaker, I am pleased to yield 2 minutes to the
gentlewoman from New York (Mrs. Carolyn B. Maloney).
Mrs. CAROLYN B. MALONEY of New York. I thank the gentlewoman from
[[Page H491]]
the great State of New York for her extraordinary leadership on the
Rules Committee and in so many areas for this country and our State.
I rise today in strong opposition to yet another closed rule. Despite
all the lectures from Republicans about how creating jobs and growing
the economy should be the number one top priority for this Congress,
here we are instead once again hammering away at a woman's right to
make her own choices, control her own body, and make choices about her
own health care.
It is insulting to women, and it does not create one single job. But
what it does do is put government between a physician and its patient.
That is what it does. The other side says they want freedom and they
want the government off their back. Yet on the most personal health
care decisions for women, they are putting government between a woman
and her doctor.
This bill will not grow our economy, but it will make permanent such
discriminatory bans that target women in both the public and private
health insurance market.
Republicans claim on their Web site--you can look it up and see it on
their Web site--that they want to ``do something for the 8.7 million
people in America who are still unemployed.'' It is time to focus on
creating jobs and improving the economy for Americans, yet the first
bill the Republican majority puts on the floor does not create one
single job but discriminates, hurts, and insults women.
I urge a strong, strong ``no'' vote on this rule and on the
underlying bill.
Ms. FOXX. Madam Speaker, I reserve the balance of my time.
Ms. SLAUGHTER. Madam Speaker, I am pleased to yield 2 minutes to the
gentlewoman from California (Ms. Lee).
Ms. LEE. Let me thank the gentlewoman for yielding and also for being
very vigilant in protecting women, women's right to privacy, and
alerting us as to the dangers in this very terrible rule and terrible
bill.
Madam Speaker, first of all, once again, as I said yesterday, this is
just downright wrong. This is a horrible bill. This takes away a
woman's right to privacy. Again, I thought in our country we prided
ourselves on the right to privacy.
Women have a right to determine their own health care decisions. They
can make these decisions with whomever they deem appropriate. There is
no way that Members of Congress should intervene, direct, or
superimpose views and government policies on women's health care and
women's right to privacy.
{time} 1015
Once again, the Hyde amendment was passed, I believe it was--what--in
the seventies. We should be providing access to women's health care so
low-income women would have the same opportunities to determine their
own health care decisions as other women who have the access, but
Federal funds haven't been allowed for many, many years now.
I don't know why these bogus arguments are being made on this bill
because we don't have Federal funding of abortions, and I think women
know that and see this as a real sinister move to, once again, deny
women their right to health care and their right to privacy.
Also, once again, we are seeing how another bill further undermines
D.C.'s home rule. This bill prohibits the District of Columbia from
using its own funds to provide abortions. Why would we do this?
D.C. has a right to determine how they want to provide health care
for women and have their own ability to determine their own destiny;
but, once again, for low-income women in Washington, D.C., they are
under assault with this bill.
It is really a shame and disgrace that, once again, we have to get up
here and debunk the argument that Federal funds are being used for
abortions because they are not. Today, the 42nd anniversary of Roe v.
Wade, we should really be talking about expanding access to a full
range of reproductive health services for everyone, including low-
income women.
The SPEAKER pro tempore (Mrs. Wagner). The time of the gentlewoman
has expired.
Ms. SLAUGHTER. I yield the gentlewoman an additional minute.
Ms. LEE. We should be talking about expanding reproductive health
services for all women, including low-income women. We should be
talking about pay equity. We should be talking about child care. We
should be talking about paid family medical leave. We should be talking
about creating jobs.
But rather than that, here we go, once again, trying to get in the
middle of a woman's decision to move forward with her own life based on
the decisions that she and her physician and her family members make.
The right to privacy, once again, is being undermined by this bill.
You can't have a right to privacy and keep government out of your
private life on one hand and, on the other hand, say government has got
to interfere with your personal and private business.
Health care is too important for women. Women need to be able to make
their own health care decisions, and this bill would do the exact
opposite. It would move our country backwards. It would move women's
health care backwards.
I hope that Members will vote ``no'' on this rule and ``no'' on the
bill. We need to be expanding access to women's health care.
Ms. FOXX. Madam Speaker, I yield myself such time as I may consume.
While it is true that the Hyde amendment and its companion amendments
have been renewed every year, recent implementation of the Affordable
Care Act, or ObamaCare, has ignored these restrictions. Rather than
renewing various amendments each year, we should make the prohibition
on Federal abortion funding permanent and governmentwide.
Additionally, provisions contained in the Abortion Insurance Full
Disclosure Act have been included in H.R. 7. These provisions require
the exchanges to prominently display, one, whether a plan provides for
abortion coverage; and, two, if it does, the amount of the abortion
surcharge that the consumer is required to pay.
Unfortunately, for most consumers, finding out if the plans on their
State's exchange or the Federal marketplace covers abortion is nearly
impossible because the information is not consistently available.
Knowing whether these plans cover abortion is absolutely critical to
many consumers because plans that cover elective abortion are required
by law to impose a mandatory monthly abortion surcharge.
These surcharges are not optional. Once you sign up for a plan with
abortion coverage, you must pay the surcharge. This means that,
potentially, many Americans who strongly oppose elective abortion could
be unknowingly contributing to the practice financially.
Madam Speaker, that simply isn't right. H.R. 7 will stop funding for
plans that cover elective abortion under ObamaCare and ensure that
abortion coverage and the accompanying surcharge are made transparent
to the American people.
For these reasons, I urge my colleagues to vote for the rule and H.R.
7, and I reserve the balance of my time.
Ms. SLAUGHTER. Madam Speaker, I yield 2 minutes to the gentleman from
Michigan (Mr. Kildee).
Mr. KILDEE. Madam Speaker, I thank my colleague for yielding.
Let me first say something about the process that we are engaged in.
We have heard just in the last few weeks--and even as we opened this
Congress--the Speaker and others in the majority talk about how we will
adhere to regular order and we will get back to the process of
legislating the way it was intended to be conducted.
What happened to that? Why did we set that aside? What is the
emergency that requires us to bring this highly ideological piece of
legislation to the floor in just a few hours after it had been brought
to the Rules Committee? What happened to the previous legislation that
we were supposed to debate?
I mean, to me, this is a big problem, and it is one that I think begs
the question of whether or not those offers of returning to the regular
legislative process are sincere.
I urge a ``no'' vote on the rule for that reason, but also because
this is yet just another ideological attack on the health care rights
of women in this country who want--in some cases, we know that abortion
services are already prohibited from being funded through Federal
sources.
[[Page H492]]
This is simply going so far as to say that women, with their own
money, who seek to procure insurance coverage, can't seek that coverage
if it includes these services. To me, it goes just far too far. It does
not allow even exceptions for abortions that would be required to
protect the health of the woman or serious medical concerns.
We can't continue to make this a political question and a political
football. Forty-two years ago, this question was decided at the Supreme
Court. It is a right that is protected.
Rather than continuing to just sort of pander to the base and satisfy
the ideological extremists in our country, we ought to be thinking
about the questions that people actually want us to take this precious
time on the floor of the House to debate: How are we going to put
America back to work? How are we going to rebuild our infrastructure?
How are we going to make sure that kids who want to get a good college
education the way the President outlined the other night are going to
be able to afford that?
Ms. FOXX. Madam Speaker, I just want to say that it is clear some of
our colleagues have not read the bill or have not listened to the
debate. This bill does not prohibit women from purchasing abortion
coverage with their own money.
Madam Speaker, I yield 2 minutes to the distinguished gentlewoman
from Florida (Ms. Ros-Lehtinen).
Ms. ROS-LEHTINEN. Madam Speaker, I thank the gentlelady for yielding.
I also want to thank Mr. Smith and my colleagues and all who are in
Washington, D.C., participating in the March for Life for their
unwavering commitment and support to fight on behalf of those who have
no voice.
Throughout my years in Congress, Madam Speaker, and as a devoted
human rights advocate, I have fought tirelessly for the fundamental
rights of the innocent unborn.
As pro-life Members of Congress, we have a commitment to stand up for
life and to take the necessary steps to advance legislation to the
floor, and that is exactly what the U.S. House of Representatives will
be doing today.
While the vast majority of Americans can agree that we have a lot of
work in front of us to reduce the number of abortions, few legislators
have taken any meaningful action. In fact, pro-abortion Members of
Congress have sought to eliminate Federal protections on the use of
taxpayer funds for abortions, both here and abroad.
Federal funds should not be used to pay for abortions, Madam Speaker,
and Congressman Smith's bill would do exactly that by establishing a
permanent prohibition on taxpayer subsidies for abortion and abortion
coverage. This will help save lives.
In addition, this bill also protects the conscience and religious
views of millions of Americans. The vast majority of Americans also do
not want their tax dollars to be used to pay for abortions. This bill
would establish a permanent prohibition on taxpayer subsidies for
abortion.
For many years, the Hyde amendment and other Federal prohibitions on
public funding for abortion have been enacted as appropriation riders,
but they are not permanent, Madam Speaker. We need to get rid of this
patchwork approach and enact H.R. 7 to ensure that Federal funds are
not used to pay for abortions.
I look forward to working with Mr. Smith and Ms. Foxx and others in
favor of this bill and to continue working with my fellow pro-life
colleagues in the House and the Senate to promote legislation that
upholds the sanctity of innocent human life.
We have a responsibility to protect the unborn, and we must remain
vigilant and continue to do what is right for all Americans.
I thank the gentlelady for yielding me time.
Ms. SLAUGHTER. Madam Speaker, I yield myself such time as I may
consume.
Madam Speaker, we just heard that apparently none of us have read the
bill. That is absolutely true. The bill, as I said, was dragged out of
the ``used bill freezer'' at 9 last night.
If it is the same bill that we were talking about that has been
through for several terms, it still has the idea of forcible rape being
the only legitimate rape and that the IRS can audit to see if you were
really raped when you had an abortion and to prove that--again, taking
women back to the days when everybody said that they could not make
decisions and that they had to be made for them.
If this is the same bill that was brought to us, as we pointed out,
by a subcommittee of 13 men and voted through the House by a committee
of 21 men, then we don't need to read it again, and my understanding is
that this is the same bill. It was repugnant then, and it certainly is
repugnant now.
On behalf of the men and women of the United States who feel that
they have the right to make their own health decisions, I beg the House
of Representatives to turn down all of this.
Now, we know that what they are doing, literally, is dismissive of
not only 51 percent of the women population--we are the majority
population, we women in the United States--but this is certainly, by
any account, a misuse of the Chamber's attention, and we are talking
taxpayer funds. Believe me, this is a misuse of taxpayer funds.
Now, if we defeat the previous question, I will offer an amendment to
the rule that would allow us to strike the 3-day layover waiver, the
waiver that was given by the Rules Committee to not do the 3-day
layover, but to have something to do on the floor today.
With 23 months left of the 114th Congress, we should be able to run
the House in the thoughtful manner that the rules of the House provide
for.
Madam Speaker, I ask unanimous consent to insert the text of the
amendment in the Record along with extraneous material immediately
prior to the vote on the previous question.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from New York?
There was no objection.
Ms. SLAUGHTER. Now, I am going to urge again for all my colleagues on
both sides of the aisle to vote ``no'' on the previous question, vote
``no'' on the rule and, by all means, ``no'' on the intrusive,
deceptive bill that has been talked about here for 40 years.
Madam Speaker, I yield back the balance of my time.
Ms. FOXX. Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, life is the most fundamental of all rights. It is
sacred and God-given, but millions of babies have been robbed of that
right in this, the freest country in the world. That is a tragedy
beyond words and a betrayal of what we, as a nation, stand for.
One day, we hope it will be different. We hope life will cease to be
valued on a sliding scale. We hope the era of elective abortions,
ushered in by an unelected court, will be closed and collectively
deemed one of the darkest chapters in American history, but until that
day, it remains a solemn duty to stand up for life.
{time} 1030
Regardless of the length of this journey, we will continue to speak
for those who cannot, and we will continue to pray to the One who can
change the hearts of those in desperation and those in power, who
equally hold the lives of the innocent in their hands.
Madam Speaker, the commonsense measure before us restores an
important, longstanding, bipartisan agreement that protects the unborn
and prevents taxpayers from being forced to finance thousands of
elective abortions. It reflects the will of the American people and is
the product of what has historically been a bipartisan, bicameral
consensus in Congress. Therefore, I urge my colleagues to vote for this
rule and H.R. 7.
The material previously referred to by Ms. Slaughter is as follows:
An Amendment to H. Res. 42 Offered by Ms. Slaughter of New York
On page 1, line 4 of the resolution, insert the following
after the word ``waived'': ``except those arising under
clause 11 of rule XXI''.
____
The Vote on the Previous Question: What It Really Means
This vote, the vote on whether to order the previous
question on a special rule, is not merely a procedural vote.
A vote against ordering the previous question is a vote
against the Republican majority agenda and a vote to allow
the Democratic minority to offer an alternative plan. It is a
vote about what the House should be debating.
Mr. Clarence Cannon's Precedents of the House of
Representatives (VI, 308-311), describes the vote on the
previous question on
[[Page H493]]
the rule as ``a motion to direct or control the consideration
of the subject before the House being made by the Member in
charge.'' To defeat the previous question is to give the
opposition a chance to decide the subject before the House.
Cannon cites the Speaker's ruling of January 13, 1920, to the
effect that ``the refusal of the House to sustain the demand
for the previous question passes the control of the
resolution to the opposition'' in order to offer an
amendment. On March 15, 1909, a member of the majority party
offered a rule resolution. The House defeated the previous
question and a member of the opposition rose to a
parliamentary inquiry, asking who was entitled to
recognition. Speaker Joseph G. Cannon (R-Illinois) said:
``The previous question having been refused, the gentleman
from New York, Mr. Fitzgerald, who had asked the gentleman to
yield to him for an amendment, is entitled to the first
recognition.''
The Republican majority may say ``the vote on the previous
question is simply a vote on whether to proceed to an
immediate vote on adopting the resolution . . . [and] has no
substantive legislative or policy implications whatsoever.''
But that is not what they have always said. Listen to the
Republican Leadership Manual on the Legislative Process in
the United States House of Representatives, (6th edition,
page 135). Here's how the Republicans describe the previous
question vote in their own manual: ``Although it is generally
not possible to amend the rule because the majority Member
controlling the time will not yield for the purpose of
offering an amendment, the same result may be achieved by
voting down the previous question on the rule. . . . When the
motion for the previous question is defeated, control of the
time passes to the Member who led the opposition to ordering
the previous question. That Member, because he then controls
the time, may offer an amendment to the rule, or yield for
the purpose of amendment.''
In Deschler's Procedure in the U.S. House of
Representatives, the subchapter titled ``Amending Special
Rules'' states: ``a refusal to order the previous question on
such a rule [a special rule reported from the Committee on
Rules] opens the resolution to amendment and further
debate.'' (Chapter 21, section 21.2) Section 21.3 continues:
``Upon rejection of the motion for the previous question on a
resolution reported from the Committee on Rules, control
shifts to the Member leading the opposition to the previous
question, who may offer a proper amendment or motion and who
controls the time for debate thereon.''
Clearly, the vote on the previous question on a rule does
have substantive policy implications. It is one of the only
available tools for those who oppose the Republican
majority's agenda and allows those with alternative views the
opportunity to offer an alternative plan.
Ms. FOXX. I yield back the balance of my time, and I move the
previous question on the resolution.
The SPEAKER pro tempore. The question is on ordering the previous
question.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Ms. SLAUGHTER. Madam Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 9 of rule XX, the Chair
will reduce to 5 minutes the minimum time for any electronic vote on
the question of adoption.
The vote was taken by electronic device, and there were--yeas 239,
nays 183, not voting 11, as follows:
[Roll No. 42]
YEAS--239
Abraham
Aderholt
Allen
Amash
Amodei
Babin
Barletta
Barr
Barton
Benishek
Bilirakis
Bishop (MI)
Bishop (UT)
Black
Blackburn
Blum
Bost
Boustany
Brady (TX)
Brat
Bridenstine
Brooks (AL)
Brooks (IN)
Buchanan
Buck
Bucshon
Burgess
Byrne
Calvert
Carter (GA)
Chabot
Chaffetz
Clawson (FL)
Coffman
Cole
Collins (GA)
Collins (NY)
Comstock
Conaway
Cook
Costello (PA)
Cramer
Crawford
Crenshaw
Culberson
Curbelo (FL)
Davis, Rodney
Denham
Dent
DeSantis
DesJarlais
Diaz-Balart
Dold
Duffy
Duncan (SC)
Duncan (TN)
Ellmers
Emmer
Farenthold
Fincher
Fitzpatrick
Fleischmann
Fleming
Flores
Fortenberry
Foxx
Franks (AZ)
Frelinghuysen
Garrett
Gibbs
Gibson
Gohmert
Goodlatte
Gosar
Gowdy
Granger
Graves (GA)
Graves (LA)
Graves (MO)
Griffith
Grothman
Guinta
Guthrie
Hanna
Hardy
Harper
Harris
Hartzler
Heck (NV)
Hensarling
Herrera Beutler
Hice (GA)
Hill
Holding
Hudson
Huelskamp
Huizenga (MI)
Hultgren
Hunter
Hurd (TX)
Hurt (VA)
Issa
Jenkins (KS)
Jenkins (WV)
Johnson (OH)
Jolly
Jones
Jordan
Joyce
Katko
Kelly (PA)
King (IA)
King (NY)
Kinzinger (IL)
Kline
Knight
Labrador
LaMalfa
Lamborn
Lance
Latta
LoBiondo
Long
Loudermilk
Love
Lucas
Luetkemeyer
Lummis
MacArthur
Marino
Massie
McCarthy
McCaul
McClintock
McHenry
McKinley
McMorris Rodgers
McSally
Meadows
Meehan
Messer
Mica
Miller (FL)
Miller (MI)
Moolenaar
Mooney (WV)
Mullin
Mulvaney
Murphy (PA)
Neugebauer
Newhouse
Noem
Nugent
Nunes
Olson
Palazzo
Palmer
Paulsen
Pearce
Perry
Pittenger
Pitts
Poe (TX)
Poliquin
Pompeo
Posey
Price (GA)
Ratcliffe
Reed
Reichert
Renacci
Ribble
Rice (SC)
Rigell
Roby
Roe (TN)
Rogers (AL)
Rogers (KY)
Rohrabacher
Rokita
Rooney (FL)
Ros-Lehtinen
Roskam
Ross
Rothfus
Rouzer
Royce
Russell
Ryan (WI)
Salmon
Sanford
Scalise
Schock
Schweikert
Scott, Austin
Sensenbrenner
Sessions
Shimkus
Shuster
Simpson
Smith (MO)
Smith (NE)
Smith (NJ)
Smith (TX)
Stefanik
Stewart
Stivers
Stutzman
Thompson (PA)
Thornberry
Tiberi
Tipton
Trott
Turner
Upton
Valadao
Wagner
Walberg
Walden
Walker
Walorski
Walters, Mimi
Weber (TX)
Webster (FL)
Wenstrup
Westerman
Westmoreland
Whitfield
Williams
Wilson (SC)
Wittman
Womack
Woodall
Yoder
Yoho
Young (IA)
Young (IN)
Zeldin
Zinke
NAYS--183
Adams
Aguilar
Ashford
Bass
Beatty
Becerra
Bera
Beyer
Bishop (GA)
Blumenauer
Bonamici
Boyle (PA)
Brady (PA)
Brown (FL)
Brownley (CA)
Bustos
Butterfield
Capps
Capuano
Cardenas
Carney
Carson (IN)
Cartwright
Castor (FL)
Castro (TX)
Chu (CA)
Cicilline
Clark (MA)
Clarke (NY)
Clay
Cleaver
Clyburn
Cohen
Connolly
Conyers
Cooper
Costa
Courtney
Crowley
Cuellar
Cummings
Davis (CA)
Davis, Danny
DeFazio
DeGette
Delaney
DeLauro
DelBene
DeSaulnier
Deutch
Dingell
Doggett
Doyle (PA)
Edwards
Ellison
Engel
Eshoo
Esty
Farr
Fattah
Foster
Frankel (FL)
Fudge
Gabbard
Gallego
Garamendi
Graham
Grayson
Green, Al
Green, Gene
Grijalva
Gutierrez
Hahn
Heck (WA)
Higgins
Himes
Honda
Hoyer
Huffman
Israel
Jackson Lee
Jeffries
Johnson (GA)
Johnson, E. B.
Kaptur
Keating
Kelly (IL)
Kennedy
Kildee
Kilmer
Kind
Kirkpatrick
Kuster
Langevin
Larsen (WA)
Larson (CT)
Lawrence
Lee
Levin
Lewis
Lieu (CA)
Lipinski
Loebsack
Lofgren
Lowenthal
Lowey
Lujan Grisham (NM)
Lujan, Ben Ray (NM)
Lynch
Maloney, Carolyn
Maloney, Sean
Matsui
McCollum
McDermott
McGovern
McNerney
Meeks
Meng
Moore
Moulton
Murphy (FL)
Nadler
Napolitano
Neal
Nolan
Norcross
O'Rourke
Pallone
Pascrell
Payne
Pelosi
Peters
Peterson
Pingree
Pocan
Polis
Price (NC)
Quigley
Rangel
Rice (NY)
Richmond
Roybal-Allard
Ruiz
Ruppersberger
Rush
Ryan (OH)
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Schakowsky
Schiff
Schrader
Scott (VA)
Scott, David
Serrano
Sewell (AL)
Sherman
Sinema
Sires
Slaughter
Speier
Swalwell (CA)
Takai
Takano
Thompson (CA)
Thompson (MS)
Titus
Tonko
Torres
Tsongas
Van Hollen
Vargas
Veasey
Vela
Velazquez
Visclosky
Walz
Wasserman Schultz
Waters, Maxine
Watson Coleman
Welch
Wilson (FL)
Yarmuth
NOT VOTING--11
Carter (TX)
Duckworth
Forbes
Hastings
Hinojosa
Johnson, Sam
Marchant
Nunnelee
Perlmutter
Smith (WA)
Young (AK)
{time} 1056
So the previous question was ordered.
The result of the vote was announced as above recorded.
The SPEAKER pro tempore. The question is on the resolution.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Ms. SLAUGHTER. Madam Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. This is a 5-minute vote.
The vote was taken by electronic device, and there were--yeas 242,
nays 179, not voting 12, as follows:
[Roll No. 43]
YEAS--242
Abraham
Aderholt
Allen
Amash
Amodei
Babin
Barletta
Barr
Barton
Benishek
Bilirakis
Bishop (MI)
Bishop (UT)
Black
Blackburn
Blum
Bost
Boustany
Brady (TX)
Brat
Bridenstine
Brooks (AL)
Brooks (IN)
Buchanan
Buck
Bucshon
Burgess
Byrne
Calvert
Carter (GA)
Chabot
Chaffetz
Clawson (FL)
Coffman
Cole
Collins (GA)
Collins (NY)
Comstock
Conaway
Cook
Costello (PA)
Cramer
[[Page H494]]
Crawford
Crenshaw
Culberson
Curbelo (FL)
Davis, Rodney
Denham
Dent
DeSantis
DesJarlais
Diaz-Balart
Dold
Duffy
Duncan (SC)
Duncan (TN)
Ellmers
Emmer
Farenthold
Fincher
Fitzpatrick
Fleischmann
Fleming
Flores
Fortenberry
Foxx
Franks (AZ)
Frelinghuysen
Garrett
Gibbs
Gibson
Gohmert
Goodlatte
Gosar
Gowdy
Granger
Graves (GA)
Graves (LA)
Graves (MO)
Griffith
Grothman
Guinta
Guthrie
Hanna
Hardy
Harper
Harris
Hartzler
Heck (NV)
Hensarling
Herrera Beutler
Hice (GA)
Hill
Holding
Hudson
Huelskamp
Huizenga (MI)
Hultgren
Hunter
Hurd (TX)
Hurt (VA)
Issa
Jenkins (KS)
Jenkins (WV)
Johnson (OH)
Jolly
Jones
Jordan
Joyce
Katko
Kelly (PA)
King (IA)
King (NY)
Kinzinger (IL)
Kline
Knight
Labrador
LaMalfa
Lamborn
Lance
Latta
Lipinski
LoBiondo
Long
Loudermilk
Love
Lucas
Luetkemeyer
Lummis
MacArthur
Marino
Massie
McCarthy
McCaul
McClintock
McHenry
McKinley
McMorris Rodgers
McSally
Meadows
Meehan
Messer
Mica
Miller (FL)
Miller (MI)
Moolenaar
Mooney (WV)
Mullin
Mulvaney
Murphy (PA)
Neugebauer
Newhouse
Noem
Nugent
Nunes
Olson
Palazzo
Palmer
Paulsen
Pearce
Perry
Peterson
Pittenger
Pitts
Poe (TX)
Poliquin
Pompeo
Posey
Price (GA)
Ratcliffe
Reed
Reichert
Renacci
Ribble
Rice (SC)
Rigell
Roby
Roe (TN)
Rogers (AL)
Rogers (KY)
Rohrabacher
Rokita
Rooney (FL)
Ros-Lehtinen
Roskam
Ross
Rothfus
Rouzer
Royce
Russell
Ryan (WI)
Salmon
Sanford
Scalise
Schock
Schweikert
Scott, Austin
Sensenbrenner
Sessions
Shimkus
Shuster
Simpson
Smith (MO)
Smith (NE)
Smith (NJ)
Smith (TX)
Stefanik
Stewart
Stivers
Stutzman
Thompson (PA)
Thornberry
Tiberi
Tipton
Trott
Turner
Upton
Valadao
Wagner
Walberg
Walden
Walker
Walorski
Walters, Mimi
Weber (TX)
Webster (FL)
Wenstrup
Westerman
Westmoreland
Whitfield
Williams
Wilson (SC)
Wittman
Womack
Woodall
Yoder
Yoho
Young (AK)
Young (IA)
Young (IN)
Zeldin
Zinke
NAYS--179
Adams
Aguilar
Ashford
Bass
Beatty
Becerra
Bera
Beyer
Bishop (GA)
Blumenauer
Bonamici
Boyle (PA)
Brady (PA)
Brown (FL)
Brownley (CA)
Bustos
Butterfield
Capps
Capuano
Cardenas
Carney
Carson (IN)
Cartwright
Castor (FL)
Castro (TX)
Chu (CA)
Cicilline
Clark (MA)
Clarke (NY)
Clay
Cleaver
Clyburn
Cohen
Connolly
Conyers
Cooper
Costa
Courtney
Crowley
Cuellar
Cummings
Davis (CA)
Davis, Danny
DeFazio
DeGette
Delaney
DeLauro
DelBene
DeSaulnier
Deutch
Dingell
Doggett
Doyle (PA)
Edwards
Ellison
Engel
Eshoo
Esty
Farr
Fattah
Foster
Frankel (FL)
Fudge
Gabbard
Gallego
Garamendi
Graham
Grayson
Green, Al
Green, Gene
Grijalva
Gutierrez
Hahn
Heck (WA)
Higgins
Himes
Honda
Hoyer
Huffman
Israel
Jackson Lee
Jeffries
Johnson (GA)
Johnson, E. B.
Kaptur
Keating
Kelly (IL)
Kennedy
Kildee
Kilmer
Kind
Kirkpatrick
Kuster
Langevin
Larsen (WA)
Larson (CT)
Lawrence
Lee
Levin
Lewis
Lieu (CA)
Loebsack
Lofgren
Lowey
Lujan Grisham (NM)
Lujan, Ben Ray (NM)
Lynch
Maloney, Carolyn
Maloney, Sean
Matsui
McCollum
McDermott
McGovern
McNerney
Meeks
Meng
Moore
Moulton
Murphy (FL)
Nadler
Napolitano
Neal
Nolan
Norcross
O'Rourke
Pallone
Pascrell
Payne
Pelosi
Peters
Pingree
Pocan
Polis
Price (NC)
Quigley
Rangel
Rice (NY)
Richmond
Roybal-Allard
Ruiz
Ruppersberger
Rush
Ryan (OH)
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Schakowsky
Schiff
Schrader
Scott (VA)
Scott, David
Serrano
Sewell (AL)
Sherman
Sinema
Sires
Slaughter
Swalwell (CA)
Takai
Takano
Thompson (CA)
Thompson (MS)
Titus
Tonko
Torres
Tsongas
Van Hollen
Vargas
Veasey
Vela
Velazquez
Visclosky
Walz
Wasserman Schultz
Waters, Maxine
Watson Coleman
Welch
Wilson (FL)
Yarmuth
NOT VOTING--12
Carter (TX)
Duckworth
Forbes
Hastings
Hinojosa
Johnson, Sam
Lowenthal
Marchant
Nunnelee
Perlmutter
Smith (WA)
Speier
{time} 1104
So the resolution was agreed to.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
Stated against:
Mr. LOWENTHAL. Mr. Speaker, on rollcall No. 43, had I been present, I
would have voted ``nay.''
Mr. PITTS. Madam Speaker, pursuant to House Resolution 42, I call up
the bill (H.R. 7) to prohibit taxpayer funded abortions, and ask for
its immediate consideration in the House.
The Clerk read the title of the bill.
The SPEAKER pro tempore (Ms. Foxx). Pursuant to House Resolution 42,
the bill is considered read.
The text of the bill is as follows:
H.R. 7
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``No
Taxpayer Funding for Abortion and Abortion Insurance Full
Disclosure Act of 2015''.
(b) Table of Contents.--The table of contents of this Act
is as follows:
Sec. 1. Short title; table of contents.
TITLE I--PROHIBITING FEDERALLY FUNDED ABORTIONS
Sec. 101. Prohibiting taxpayer funded abortions.
Sec. 102. Amendment to table of chapters.
TITLE II--APPLICATION UNDER THE AFFORDABLE CARE ACT
Sec. 201. Clarifying application of prohibition to premium credits and
cost-sharing reductions under ACA.
Sec. 202. Revision of notice requirements regarding disclosure of
extent of health plan coverage of abortion and abortion
premium surcharges.
TITLE I--PROHIBITING FEDERALLY FUNDED ABORTIONS
SEC. 101. PROHIBITING TAXPAYER FUNDED ABORTIONS.
Title 1, United States Code is amended by adding at the end
the following new chapter:
``CHAPTER 4--PROHIBITING TAXPAYER FUNDED ABORTIONS
``301. Prohibition on funding for abortions.
``302. Prohibition on funding for health benefits plans that cover
abortion.
``303. Limitation on Federal facilities and employees.
``304. Construction relating to separate coverage.
``305. Construction relating to the use of non-Federal funds for health
coverage.
``306. Non-preemption of other Federal laws.
``307. Construction relating to complications arising from abortion.
``308. Treatment of abortions related to rape, incest, or preserving
the life of the mother.
``309. Application to District of Columbia.
``Sec. 301. Prohibition on funding for abortions
``No funds authorized or appropriated by Federal law, and
none of the funds in any trust fund to which funds are
authorized or appropriated by Federal law, shall be expended
for any abortion.
``Sec. 302. Prohibition on funding for health benefits plans
that cover abortion
``None of the funds authorized or appropriated by Federal
law, and none of the funds in any trust fund to which funds
are authorized or appropriated by Federal law, shall be
expended for health benefits coverage that includes coverage
of abortion.
``Sec. 303. Limitation on Federal facilities and employees
``No health care service furnished--
``(1) by or in a health care facility owned or operated by
the Federal Government; or
``(2) by any physician or other individual employed by the
Federal Government to provide health care services within the
scope of the physician's or individual's employment,
may include abortion.
``Sec. 304. Construction relating to separate coverage
``Nothing in this chapter shall be construed as prohibiting
any individual, entity, or State or locality from purchasing
separate abortion coverage or health benefits coverage that
includes abortion so long as such coverage is paid for
entirely using only funds not authorized or appropriated by
Federal law and such coverage shall not be purchased using
matching funds required for a federally subsidized program,
including a State's or locality's contribution of Medicaid
matching funds.
``Sec. 305. Construction relating to the use of non-Federal
funds for health coverage
``Nothing in this chapter shall be construed as restricting
the ability of any non-Federal health benefits coverage
provider from offering abortion coverage, or the ability of a
State or locality to contract separately with such a provider
for such coverage, so long as only funds not authorized or
appropriated by Federal law are used and such coverage shall
not be purchased using matching funds required for a
federally subsidized program, including a State's or
locality's contribution of Medicaid matching funds.
``Sec. 306. Non-preemption of other Federal laws
``Nothing in this chapter shall repeal, amend, or have any
effect on any other Federal law to the extent such law
imposes any limitation on the use of funds for abortion or
for health benefits coverage that includes
[[Page H495]]
coverage of abortion, beyond the limitations set forth in
this chapter.
``Sec. 307. Construction relating to complications arising
from abortion
``Nothing in this chapter shall be construed to apply to
the treatment of any infection, injury, disease, or disorder
that has been caused by or exacerbated by the performance of
an abortion. This rule of construction shall be applicable
without regard to whether the abortion was performed in
accord with Federal or State law, and without regard to
whether funding for the abortion is permissible under section
308.
``Sec. 308. Treatment of abortions related to rape, incest,
or preserving the life of the mother
``The limitations established in sections 301, 302, and 303
shall not apply to an abortion--
``(1) if the pregnancy is the result of an act of rape or
incest; or
``(2) in the case where a woman suffers from a physical
disorder, physical injury, or physical illness that would, as
certified by a physician, place the woman in danger of death
unless an abortion is performed, including a life-endangering
physical condition caused by or arising from the pregnancy
itself.
``Sec. 309. Application to District of Columbia
``In this chapter:
``(1) Any reference to funds appropriated by Federal law
shall be treated as including any amounts within the budget
of the District of Columbia that have been approved by Act of
Congress pursuant to section 446 of the District of Columbia
Home Rule Act (or any applicable successor Federal law).
``(2) The term `Federal Government' includes the government
of the District of Columbia.''.
SEC. 102. AMENDMENT TO TABLE OF CHAPTERS.
The table of chapters for title 1, United States Code, is
amended by adding at the end the following new item:
``4. Prohibiting taxpayer funded abortions...................301''.....
TITLE II--APPLICATION UNDER THE AFFORDABLE CARE ACT
SEC. 201. CLARIFYING APPLICATION OF PROHIBITION TO PREMIUM
CREDITS AND COST-SHARING REDUCTIONS UNDER ACA.
(a) In General.--
(1) Disallowance of refundable credit and cost-sharing
reductions for coverage under qualified health plan which
provides coverage for abortion.--
(A) In general.--Subparagraph (A) of section 36B(c)(3) of
the Internal Revenue Code of 1986 is amended by inserting
before the period at the end the following: ``or any health
plan that includes coverage for abortions (other than any
abortion or treatment described in section 307 or 308 of
title 1, United States Code)''.
(B) Option to purchase or offer separate coverage or
plan.--Paragraph (3) of section 36B(c) of such Code is
amended by adding at the end the following new subparagraph:
``(C) Separate abortion coverage or plan allowed.--
``(i) Option to purchase separate coverage or plan.--
Nothing in subparagraph (A) shall be construed as prohibiting
any individual from purchasing separate coverage for
abortions described in such subparagraph, or a health plan
that includes such abortions, so long as no credit is allowed
under this section with respect to the premiums for such
coverage or plan.
``(ii) Option to offer coverage or plan.--Nothing in
subparagraph (A) shall restrict any non-Federal health
insurance issuer offering a health plan from offering
separate coverage for abortions described in such
subparagraph, or a plan that includes such abortions, so long
as premiums for such separate coverage or plan are not paid
for with any amount attributable to the credit allowed under
this section (or the amount of any advance payment of the
credit under section 1412 of the Patient Protection and
Affordable Care Act).''.
(2) Disallowance of small employer health insurance expense
credit for plan which includes coverage for abortion.--
Subsection (h) of section 45R of the Internal Revenue Code of
1986 is amended--
(A) by striking ``Any term'' and inserting the following:
``(1) In general.--Any term''; and
(B) by adding at the end the following new paragraph:
``(2) Exclusion of health plans including coverage for
abortion.--
``(A) In general.--The term `qualified health plan' does
not include any health plan that includes coverage for
abortions (other than any abortion or treatment described in
section 307 or 308 of title 1, United States Code).
``(B) Separate abortion coverage or plan allowed.--
``(i) Option to purchase separate coverage or plan.--
Nothing in subparagraph (A) shall be construed as prohibiting
any employer from purchasing for its employees separate
coverage for abortions described in such subparagraph, or a
health plan that includes such abortions, so long as no
credit is allowed under this section with respect to the
employer contributions for such coverage or plan.
``(ii) Option to offer coverage or plan.--Nothing in
subparagraph (A) shall restrict any non-Federal health
insurance issuer offering a health plan from offering
separate coverage for abortions described in such
subparagraph, or a plan that includes such abortions, so long
as such separate coverage or plan is not paid for with any
employer contribution eligible for the credit allowed under
this section.''.
(3) Conforming aca amendments.--Section 1303(b) of Public
Law 111-148 (42 U.S.C. 18023(b)) is amended--
(A) by striking paragraph (2);
(B) by striking paragraph (3), as amended by section
202(a); and
(C) by redesignating paragraph (4) as paragraph (2).
(b) Application to Multi-State Plans.--Paragraph (6) of
section 1334(a) of Public Law 111-148 (42 U.S.C. 18054(a)) is
amended to read as follows:
``(6) Coverage consistent with federal abortion policy.--In
entering into contracts under this subsection, the Director
shall ensure that no multi-State qualified health plan
offered in an Exchange provides health benefits coverage for
which the expenditure of Federal funds is prohibited under
chapter 4 of title 1, United States Code.''.
(c) Effective Date.--The amendments made by subsection (a)
shall apply to taxable years ending after December 31, 2015,
but only with respect to plan years beginning after such
date, and the amendment made by subsection (b) shall apply to
plan years beginning after such date.
SEC. 202. REVISION OF NOTICE REQUIREMENTS REGARDING
DISCLOSURE OF EXTENT OF HEALTH PLAN COVERAGE OF
ABORTION AND ABORTION PREMIUM SURCHARGES.
(a) In General.--Paragraph (3) of section 1303(b) of Public
Law 111-148 (42 U.S.C. 18023(b)) is amended to read as
follows:
``(3) Rules relating to notice.--
``(A) In general.--The extent of coverage (if any) of
services described in paragraph (1)(B)(i) or (1)(B)(ii) by a
qualified health plan shall be disclosed to enrollees at the
time of enrollment in the plan and shall be prominently
displayed in any marketing or advertising materials,
comparison tools, or summary of benefits and coverage
explanation made available with respect to such plan by the
issuer of the plan, by an Exchange, or by the Secretary,
including information made available through an Internet
portal or Exchange under sections 1311(c)(5) and
1311(d)(4)(C).
``(B) Separate disclosure of abortion surcharges.--In the
case of a qualified health plan that includes the services
described in paragraph (1)(B)(i) and where the premium for
the plan is disclosed, including in any marketing or
advertising materials or any other information referred to in
subparagraph (A), the surcharge described in paragraph
(2)(B)(i)(II) that is attributable to such services shall
also be disclosed and identified separately.''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply to materials, tools, or other information made
available more than 30 days after the date of the enactment
of this Act.
The SPEAKER pro tempore. The gentleman from Pennsylvania (Mr. Pitts)
and the gentlewoman from Colorado (Ms. DeGette) each will control 30
minutes.
The Chair recognizes the gentleman from Pennsylvania.
general leave
Mr. PITTS. Madam Speaker, I ask unanimous consent that all Members
may have 5 legislative days to revise and extend their remarks and to
include extraneous material on H.R. 7.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Pennsylvania?
There was no objection.
Mr. PITTS. Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, I come to the floor today in strong support of H.R. 7,
the No Taxpayer Funding for Abortion and Abortion Insurance Full
Disclosure Act, legislation that passed the House almost 1 year ago
with bipartisan support.
This bill affirms what a majority of Americans believe, that no
taxpayer dollars should be spent on abortions and abortion coverage.
H.R. 7 establishes a permanent governmentwide prohibition on taxpayer
subsidies for abortion. This bill is all the more necessary because of
the President's health care law and its attack on this longstanding
protection of taxpayer dollars.
The bill before us would simply codify the Hyde amendment, a
longstanding provision that has ensured Federal dollars do not
subsidize abortion over the past decade.
H.R. 7 also requires that information regarding abortion coverage as
well as the amount of the abortion surcharge be displayed where
consumers can easily identify which plans cover abortion. Consumers
should have the right to know whether the plan they are selecting on an
exchange includes abortion coverage.
While the Affordable Care Act included some notification provisions,
[[Page H496]]
many of our constituents are simply unable to find out whether a plan
is paying for abortions. In fact, this inability to find out whether
exchange plans provide abortion coverage seems to extend to the
Secretary of Health and Human Services, as former Secretary Sebelius
failed to uphold her commitment after testifying twice before the
Energy and Commerce Committee, promising to provide the Congress and
the American people a full list of exchange plans providing abortion
coverage.
Today, over a year has passed and this commitment is still left
unfulfilled. The self-appointed ``most transparent administration'' in
history is simply unwilling or unable to comply with this request. In
fact, it took the Government Accountability Office months to find out
that taxpayer dollars went to pay for over 1,000 health insurance plans
that included abortion.
Even though the Affordable Care Act required, through law, that
separate payments be made to pay for the abortion surcharge, the GAO
also found that none of the insurers they interviewed actually
collected a separate payment.
In fact, the report reveals that the administration informed
insurance issuers that they didn't need two separate payments. This
bill is about protecting taxpayer dollars and protecting life. It also
ensures we have at least some transparency under the President's health
care law.
I urge my colleagues to support the bill, and I reserve the balance
of my time.
Ms. DeGETTE. Madam Speaker, I yield myself 1 minute.
Madam Speaker, I have good news for my friends on the other side of
the aisle. There is no taxpayer funding for abortion. Let me say that
again. There is no taxpayer funding for abortions. There hasn't been
for many decades because of the Hyde amendment.
Under the Affordable Care Act, that prohibition did not change. Now,
some of us might disagree with the Hyde amendment, but that is the law
of the land, and it was a carefully constructed compromise under the
Affordable Care Act.
{time} 1115
This bill would be a vast expansion of the restriction of a woman's
right to choose what type of insurance she can purchase with the
consultation of her doctor and her husband because it would prevent
women from purchasing insurance with their own money on the exchanges,
and that would be a restriction on their rights. So I am going to urge
my colleagues to vote ``no'' on this ill-conceived piece of
legislation, and let's talk about some things that really matter, like
jobs, child care, and pay equity.
I reserve the balance of my time.
Mr. PITTS. Madam Speaker, I am pleased to yield 1 minute to the
gentlewoman from Kansas (Ms. Jenkins).
Ms. JENKINS. Madam Speaker, I thank the gentleman for yielding.
I rise today as a supporter and cosponsor of H.R. 7, the No Taxpayer
Funding for Abortion Act. I was a cosponsor of this legislation in the
previous two Congresses, and I continue to support it after hearing
from my constituents time and time again that they do not want their
tax dollars funding abortions. In fact, the majority of Americans and
the vast majority of Kansans oppose their tax dollars being used
towards abortion.
The specter of taxpayer-funded abortion has been exacerbated by the
President's health care law, which offers subsidies to taxpayers in
order to offset its high cost. These subsidized plans, bought through
the health care exchanges, could allow for taxpayer-funded abortions to
occur.
Without this crucial legislation, we will continue to have a
patchwork of provisions regarding Federal funding. This creates
confusion, blocks transparency, and opens up additional loopholes.
Longstanding provisions are reestablished under H.R. 7, which would
apply uniformly across Federal programs, including the President's
destructive health care law.
I urge passage of this bipartisan bill.
Ms. DeGETTE. Madam Speaker, I yield to the gentlewoman from
California (Mrs. Capps) for the purpose of a unanimous consent request.
Mrs. CAPPS. Madam Speaker, I ask unanimous consent to have my
statement inserted in the Record of the House of Representatives that
we should be considering bigger paychecks and better infrastructure
instead of attacking women's access to health care.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from California?
There was no objection.
Ms. DeGETTE. Madam Speaker, I yield to the gentlewoman from
California (Mrs. Napolitano) for the purpose of a unanimous consent
request.
Mrs. NAPOLITANO. Madam Speaker, I ask unanimous consent to insert my
statement in the Record of the House of Representatives that we should
vote for bigger paychecks and better infrastructure instead of
attacking women's access to all health care.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from California?
There was no objection.
Ms. DeGETTE. Madam Speaker, I yield to the gentlewoman from New
Jersey (Mrs. Watson Coleman) for the purpose of a unanimous consent
request.
Mrs. WATSON COLEMAN. I thank the gentlelady for yielding.
Madam Speaker, I ask unanimous consent to insert my statement in the
Record that the the House should vote for bigger paychecks and better
infrastructure instead of attacking women's access to health care.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from New Jersey?
There was no objection.
Ms. DeGETTE. Madam Speaker, I yield to the gentlewoman from
California (Ms. Loretta Sanchez) for the purpose of a unanimous consent
request.
Ms. LORETTA SANCHEZ of California. I thank the gentlewoman from
Colorado.
Madam Speaker, I ask unanimous consent to insert my statement in the
Record that the House should vote for bigger paychecks and better
infrastructure instead of attacking women's access to health care.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from California?
There was no objection.
Ms. DeGETTE. Madam Speaker, I yield to the gentleman from Illinois
(Mr. Gutierrez) for the purpose of a unanimous consent request.
Mr. GUTIERREZ. Madam Speaker, I ask unanimous consent to insert my
statement in the Record that the House should vote for bigger paychecks
and better infrastructure instead of attacking my daughter's access to
health care.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Illinois?
There was no objection.
Ms. DeGETTE. Madam Speaker, I yield to the gentleman from Texas (Mr.
Veasey) for the purpose of a unanimous consent request.
Mr. VEASEY. Madam Speaker, I ask unanimous consent to insert my
statement in the Record that the House should vote for bigger paychecks
and better infrastructure instead of attacking women's health care.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Texas?
There was no objection.
Ms. DeGETTE. Madam Speaker, I yield to the gentlewoman from New York
(Mrs. Carolyn B. Maloney) for the purpose of a unanimous consent
request.
Mrs. CAROLYN B. MALONEY of New York. Madam Speaker, I ask unanimous
consent to insert my statement in the Record that the House should be
voting on proposals that create jobs and accelerate economic growth.
Instead, the only thing the Republicans have accelerated around here is
their attacks on a woman's constitutional rights and health care.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from New York?
There was no objection.
Announcement by the Speaker Pro Tempore
The SPEAKER pro tempore. The Chair advises Members that although a
unanimous consent request to insert remarks in debate may comprise a
simple, declarative statement of the Member's attitude toward the
pending measure, embellishments beyond that standard constitute debate
and can become an imposition on the time of the Member who has yielded
for that purpose.
[[Page H497]]
The Chair will entertain as many requests to insert as may be
necessary to accommodate Members, but the Chair also must ask Members
to cooperate by confining such remarks to the proper form.
Ms. DeGETTE. Madam Speaker, I yield to the gentlewoman from
California (Ms. Pelosi), the Democratic leader, for the purpose of a
unanimous consent request.
Ms. PELOSI. Madam Speaker, I ask unanimous consent to insert my
statement in the Record that the House, instead of attacking women's
access to health care, should be voting on bigger paychecks and better
infrastructure for our country.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from California?
There was no objection.
Ms. DeGETTE. Madam Speaker, I yield to the gentlewoman from
California (Ms. Lofgren) for the purpose of a unanimous consent
request.
Ms. LOFGREN. Madam Speaker, I ask unanimous consent to insert my
statement in the Record that the House, instead of attacking women's
access to health care, we should vote for bigger paychecks and better
infrastructure.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from California?
There was no objection.
Ms. DeGETTE. Madam Speaker, I yield to the gentlewoman from
California (Ms. Maxine Waters) for the purpose of a unanimous consent
request.
Ms. MAXINE WATERS of California. Madam Speaker, I ask unanimous
consent to insert my statement in the Record that the House should vote
for bigger paychecks and better infrastructure instead of constantly
attacking women's access to health care.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from California?
There was no objection.
Ms. DeGETTE. Madam Speaker, I yield to the gentlewoman from
California (Ms. Speier) for the purpose of a unanimous consent request.
Ms. SPEIER. Madam Speaker, I ask unanimous consent to insert my
statement in the Record that instead of attacking women's access to
health care, this House should vote for bigger paychecks for women and
better infrastructure for all.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from California?
There was no objection.
Ms. DeGETTE. Madam Speaker, I yield to the gentlewoman from Alabama
(Ms. Sewell) for the purpose of a unanimous consent request.
Ms. SEWELL of Alabama. Madam Speaker, I ask unanimous consent to
insert my statement in the Record that the House should vote for bigger
paychecks and better infrastructure instead of constantly attacking
women's access to health care.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from Alabama?
There was no objection.
Ms. DeGETTE. Madam Speaker, I yield to the gentleman from California
(Mr. Huffman) for the purpose of a unanimous consent request.
Mr. HUFFMAN. Madam Speaker, I ask unanimous consent to insert my
statement in the Record that this House should be voting for bigger
paychecks and better infrastructure instead of these relentless attacks
on women's access to health care.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from California?
There was no objection.
Ms. DeGETTE. Madam Speaker, I yield to the gentleman from California
(Mr. Becerra), the Democratic Caucus chairman, for the purpose of a
unanimous consent request.
Mr. BECERRA. Madam Speaker, I ask unanimous consent to insert my
statement in the Record that this House should start to concentrate
finally on bigger paychecks for our people who are working and better
infrastructure instead of attacking women's access to decent health
care.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from California?
There was no objection.
Ms. DeGETTE. Madam Speaker, I yield to the gentleman from Michigan
(Mr. Kildee) for the purpose of a unanimous consent request.
Mr. KILDEE. Madam Speaker, I ask unanimous consent to insert my
statement in the Record that the House should vote for bigger paychecks
and better infrastructure instead of yet another attack on women's
access to health care.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Michigan?
There was no objection.
Ms. DeGETTE. Madam Speaker, I yield to the gentleman from Maryland
(Mr. Cummings) for the purpose of a unanimous consent request.
Mr. CUMMINGS. Madam Speaker, I ask unanimous consent to insert my
statement in the Record that the House should vote for bigger paychecks
and better infrastructure instead of attacking women's access to health
care.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Maryland?
There was no objection.
Ms. DeGETTE. Madam Speaker, I yield to the gentlewoman from Texas
(Ms. Jackson Lee) for the purpose of a unanimous consent request.
Ms. JACKSON LEE. Madam Speaker, I ask unanimous consent to insert my
statement in the Record that the House should vote for bigger paychecks
and better infrastructure instead of attacking women's access to health
care.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from Texas?
There was no objection.
Ms. DeGETTE. Madam Speaker, I yield 3 minutes to the gentleman from
Michigan (Mr. Conyers), the ranking member on the Judiciary Committee.
Mr. CONYERS. Madam Speaker, I rise in strong opposition to H.R. 7,
the so-called No Taxpayer Funding for Abortion Act.
Today, on the 42nd anniversary of Roe v. Wade, the majority is
launching yet another attack on women's health and constitutionally
protected right to choose whether to carry a pregnancy to term.
Most importantly, this bill will make it virtually impossible for a
woman to obtain abortion services even when paid for with purely
private, non-Federal funds. Through its novel tax penalty provisions,
H.R. 7 departs radically from existing law, taking away women's
existing health care and placing their health and lives at risk.
And despite the claims of its sponsors, H.R. 7 does not codify
current law, and it is not about the regulation of Federal funds. There
is no Federal funding of abortion due to the Hyde amendment, and the
Affordable Care Act maintains that policy and law.
For more than 30 years, Congress has prohibited Federal funding of
abortion except in cases of rape, incest, or to save the life of the
mother, through provisions like the Hyde amendment in annual
appropriations bills. Nothing in the Affordable Care Act changes this.
Finally, H.R. 7 also eradicates the authority of the District of
Columbia to make decisions about how appropriated funds are used for
the health care of the District's citizens.
So what is H.R. 7 really about? Plain and simple, it is an assault on
women's health and freedom. It permanently blocks abortion coverage for
low-income women, civil servants, D.C. residents, and the military. No
committee has considered this legislation. Text was not even available
until last night, when the Rules Committee met in a so-called emergency
meeting. But the only emergency was the majority didn't have the votes
to pass another mean-spirited, anti-choice bill so they are rushing to
the floor with this bill in time for the anniversary of Roe v. Wade.
Isn't it time to stop playing politics with women's lives and start
governing? Accordingly, I urge my colleagues to oppose this egregious
bill.
Mr. PITTS. Madam Speaker, I am pleased to yield 1 minute to the
gentlewoman from Indiana (Mrs. Walorski).
Mrs. WALORSKI. Madam Speaker, I rise today because I believe all
human life is worth protecting. Each one is worth saving and deserves
respect and protection.
For years now, pro-life Americans have been forced to watch as their
tax dollars subsidize abortion procedures that they are morally opposed
to. The No Taxpayer Funding for Abortion legislation prohibits taxpayer
funding of elective abortions no matter where in
[[Page H498]]
the Federal system these may occur. This principle is supported by a
majority of Americans. In fact, 56 percent of Americans are opposed to
taxpayer funding of abortions.
Later today, I will join half a million people who believe that life
is a gift at the annual March for Life rally, the largest ongoing march
in American history. We have a responsibility, as the elected body
representing our constituents, to protect the most vulnerable among us
and ensure that women facing unwanted pregnancies do not face judgment
or condemnation but have positive support structures and access to
health care to help them through their pregnancies. This bill is an
important step in the right direction to protecting life.
Ms. DeGETTE. Madam Speaker, I would just ask my colleagues on the
other side to please give me an example where Federal taxpayer dollars
have been used to pay for an abortion, except with the Hyde amendment
exceptions.
Madam Speaker, I yield 2 minutes to the gentleman from Tennessee (Mr.
Cohen), the ranking Democrat on the Constitution Subcommittee.
{time} 1130
Mr. COHEN. Madam Speaker, I, too, am against this bill for I am for a
woman's right to choice. This bill is the second bill that has been
brought in the last few days to show the Republican side's intent to
repeal Roe v. Wade. That is what they would like to do: repeal Roe v.
Wade.
What is most important is to understand the theater that this bill
has shown that the majority party has made this historic hallowed hall
of Congress today.
Today is the March for Life, lots of pro-lifers here. They wanted to
give them something, so they scheduled a bill--we could be legislating
on jobs, on minimum wage, on infrastructure. They wanted to give them
something, so they came with a bill called ``fetal pain'' to get around
the viability requirements of the Supreme Court.
Their caucus found that bill too extreme to get the votes--even their
caucus. Now, the leadership wouldn't listen to the Democrats of the
Rules Committee, and it wouldn't listen to the Democrats on the floor,
and they didn't have the good sense to realize it would make them look
as they are: antiwoman and out-of-step with reality.
It took some women and maybe a few men--but mostly women--in their
caucus to finally go ``no,'' so they brought up a retread of a bill.
That was a retread too, but they brought up another one, a substitute
bill, because they had to have something to give as a gift for the
March for Life pro-life caucus.
This is theater. This is drama. That is what this has become. A
woman's right should not be theater; it shouldn't be drama. A woman's
right should be preserved. If any case, if there is any question about
them, it should go through regular process, go through committees.
Let the Members know about the bill with notice, not have, within 72
hours, a bill brought to this floor. Regular order has been destroyed
because of theater and messaging, and that is what you are going to see
for the next 2 years.
The American people will be very disappointed in this Congress
because it has become the theater of the absurd.
Mr. PITTS. Madam Speaker, I am very pleased to yield 3 minutes to the
gentleman from Virginia (Mr. Goodlatte), the distinguished chairman of
the Judiciary Committee.
Mr. GOODLATTE. Madam Speaker, however stark Americans' difference of
opinion can be on the matter of abortion generally, there has been
long, bipartisan agreement that Federal taxpayer funds should not be
used to destroy innocent life.
The Hyde amendment, named for its chief sponsor, former House
Judiciary Committee chairman Henry Hyde, has prohibited the Federal
funding of abortions since 1976 when it passed a House and Senate that
were composed overwhelmingly of Democrat Members.
It has been renewed each appropriations cycle with few changes for
over 37 years, supported by Congresses, supported by both parties and
Presidents from both parties. It is probably the most bipartisan pro-
life proposal sustained over a longer period of time than any other. It
is time the Hyde amendment was codified in the United States Code.
H.R. 7, the No Taxpayer Funding for Abortion Act, sponsored by
Representative Chris Smith of New Jersey, would do just that. It would
codify the two core principles of the Hyde amendment throughout the
operations of the Federal Government: namely, a ban on Federal funding
for abortions and a ban on the use of Federal funds for health benefits
coverage that includes coverage of abortion.
As hundreds of thousands of people from across the country come to
Washington to express their love of unborn children at the annual March
for Life, it is a marvelous time to reflect on what could be
accomplished if the bill we consider today were enacted into law.
During the time the Hyde amendment has been in place, probably
millions and millions of innocent children and their mothers have been
spared the horrors of abortion. The Congressional Budget Office has
estimated that the Hyde amendment has led to as many as 675,000 fewer
abortions each year. Let that sink in for a few precious moments.
The policy we will be discussing today has likely given America the
gift of millions more children and, consequently, millions more
mothers, millions more fathers, millions more lifetimes, and trillions
more loving gestures and other human gifts in all their diverse forms--
what a stunningly wondrous legacy and the bill before us today would
continue that legacy permanently.
I encourage all my colleagues to support this vitally important
legislation.
Ms. DeGETTE. Madam Speaker, I am pleased to yield 2 minutes to the
gentleman from New Jersey (Mr. Pallone), the distinguished ranking
member of Energy and Commerce.
Mr. PALLONE. Madam Speaker, today is a sad day for this institution.
Late last night, when Republicans failed to garner the votes for one
extreme antiwomen bill, they flipped a switch and turned to another
antiwomen bill.
This attempt to restrict women's access to abortion care is an
unprecedented, radical assault on women's health care. Tens of
thousands of women and their families will be harmed by this policy.
The bill's sponsors claim that this bill simply codifies the Hyde
amendment, and that is inaccurate. This bill takes unprecedented steps
far beyond the Hyde amendment.
This bill places restrictions on how women with private insurance can
spend private dollars in purchasing health insurance, but the bill
doesn't stop there. It also prohibits Washington, D.C., from using its
own Medicaid funds to make health care coverage decisions.
The goal behind this bill is to effectively get rid of all
comprehensive health care coverage in this country. Anti-choice
Republicans want to turn back the clock on women's rights.
It is critical that we protect the right of every woman to make her
own personal and private health care decisions. Women, in consultation
with their doctors, should remain in control of these choices and not
Congress.
I strongly urge my colleagues to vote ``no'' on H.R. 7.
Mr. PITTS. Madam Speaker, I am very pleased to yield 3 minutes to the
gentleman from New Jersey (Mr. Smith), the pro-life leader in the House
of Representatives for many years.
Mr. SMITH of New Jersey. Madam Speaker, I thank Chairman Pitts so
very much.
Madam Speaker, on September 9, 2009, President Obama stood 6 feet
from where I stand now, right at that podium, and told lawmakers and
the American public in a specially called joint session of Congress on
health care reform that ``under our plan, no Federal dollars will be
used to fund abortion.''
In an eleventh hour ploy to garner a remnant of pro-life
congressional Democrats--and they were convinced, and they were
deceived--needed for passage of ObamaCare legislation, the President
issued an executive order on March 24, 2010, and it said, in pertinent
part: ``The act maintains current Hyde amendment restrictions governing
abortion policy and extends those restrictions to newly-created health
insurance exchanges.'' That is absolutely, I say to my friends, untrue.
[[Page H499]]
Despite an appalling degree of nontransparency, we finally asked the
Government Accountability Office to look into it. Last September, they
came back and said 1,036 ObamaCare exchange plans covered abortion on
demand. GAO also found that a separate billing of the abortion
surcharge required by the act is not being enforced by the
administration, and the abortion funding premium, again, in 2015 is
being illegally rolled into the total plan costs.
Health care consumers are, therefore, unaware when they buy their
health insurance whether or not they are paying for abortion on demand.
If the Hyde amendment had been applied to ObamaCare, the number of
ObamaCare plans covering abortion on demand would be zero.
At its core--I believe my colleagues should know this by now, some
don't on this side of the aisle and some on that do--the Hyde amendment
has two indisputable parts. It prohibits direct funding for abortion
and funding for any insurance plan that includes abortion, except in
the cases of rape, incest, or to save the life of the mother.
ObamaCare violates the Hyde amendment by funding insurance plans that
pay for abortion on demand. H.R. 7 seeks to accomplish three goals:
make the Hyde amendment and other current abortion funding prohibitions
current--and that includes the D.C. rider permanent; ensure that the
Affordable Care Act faithfully conforms with the Hyde amendment, as
promised by the President of the United States; and provide full
disclosure, transparency, and prominent display of the extent to which
any health insurance plan funds abortion on the exchanges.
Last January, the House passed H.R. 7 by a vote of 227-188. It
languished in the Senate for a year--never took it up. This is the same
bill. It has been through regular order. Hearings have been held, as
well as markup.
The American people, Madam Speaker, strongly oppose taxpayer funding
for abortion. The Marist poll that was just released yesterday found
that 68 percent of all respondents oppose using taxpayer funding for
abortion, and a whopping 69 percent of women are against taxpayer
funding for abortion, and 71 percent of the millennials are against
taxpayer funding for abortion.
The SPEAKER pro tempore. The time of the gentleman has expired.
Mr. PITTS. Madam Speaker, I yield the gentleman an additional 1
minute.
Mr. SMITH of New Jersey. Madam Speaker, I thank my friend.
We live in an age of ultrasound imaging, the ultimate window to the
womb and the child, that precious child, who resides there. We are in
the midst of a fetal health care revolution, an explosion of benign
interventions designed to diagnose, treat, and cure the precious lives
of these children.
Abortion is antithetical to that. It dismembers, chemically poisons,
shots to the heart, to stop the heart from beating. As you know--and I
know my friend from New York is next to speak--at testimony before your
committee, Dr. Levatino said--and he is an abortionist--he said the
baby can be in any position in the uterus.
You just reach in with a Sopher clamp and grasp whatever you can. You
pull out an arm, he went on to say. You pull out and reach in again and
again, and you tear out the spine, intestine, heart, and lungs.
These are gruesome procedures. That is what abortion is all about:
the dismemberment and chemical poisoning of children.
H.R. 7 will save lives. There is no doubt about that. The Hyde
amendment--I remember when Henry Hyde was told that 1 million, maybe
even more than 1 million children have survived because of the Hyde
amendment.
Tears came down his face, knowing that those kids are now in the
world, going to school, having their own families, playing soccer, and
doing other great things.
The SPEAKER pro tempore. Members are reminded that they should direct
their remarks to the Chair.
Ms. DeGETTE. Madam Speaker, I am pleased to yield 3 minutes to the
gentleman from New York (Mr. Nadler), the distinguished senior member
of the Judiciary Committee.
Mr. NADLER. Madam Speaker, I thank the gentlewoman for yielding.
Madam Speaker, I rise today in opposition to H.R. 7, the so-called No
Taxpayer Funding for Abortion Act.
The name of the bill is a lie. There is now no taxpayer funding for
abortions. I wish there were. The right of a woman to decide whether to
become pregnant, to decide to continue her pregnancy, or even to make
the difficult decision to terminate her pregnancy is protected by the
Constitution.
The Supreme Court has determined that neither Congress nor a State
may place an undue burden on that right. Denial of Medicaid or other
government funding that would be available for other medical procedures
should be considered an undue burden, but that is not the law,
unfortunately. Taxpayer funding of abortion is prohibited by the Hyde
amendment.
This bill goes far beyond that. This bill for the first time ever
denies tax deductions and credits for women who use their own money to
pay for abortions or to purchase insurance that covers abortions. In so
doing, the Republican majority increases taxes for women and families.
This bill for the first time denies the itemized medical tax
deduction that is otherwise available for medical expenses if the
medical expense is for an abortion.
This bill for the first time treats as taxable income any
distribution from a flexible spending account or health savings account
that is used to pay for abortion expenses.
This bill for the first time denies small employers the ability to
use tax credits to help them to provide health coverage for their
employees if that coverage includes abortion.
This bill also denies income-eligible women the use of premium tax
credits available under the Affordable Care Act if the insurance
coverage they select includes abortion coverage.
In first opposing and then voting to repeal the Affordable Care Act
50 times, my Republican colleagues have complained that government
should not meddle in the private insurance market or in private health
care choices, but this legislation obviously is designed to do just
that.
It seems that many Republicans believe in freedom, provided no one
uses that freedom in the way they do not approve. That is a strange
understanding of freedom.
Even more stunning, this bill increases taxes on families,
businesses, and the self-employed if they spend their own money--let me
repeat that--their own money on abortion coverage or services, and this
tax increase is being championed by Republicans, all of whom have taken
a pledge not to raise taxes on individuals or businesses.
The intent of the bill is clear. It is to end insurance coverage for
abortions for all women, whether or not they obtain their insurance on
an exchange, and even if they use their own money to purchase the
insurance.
{time} 1145
My colleagues in the majority believe that, if you like your
insurance coverage, you should get to keep it unless it is for choices
that they don't like. Then they have no qualms about taking your
insurance coverage away. That is the intended and likely result of this
bill.
Currently, the vast majority of insurance policies cover abortion
services, but insurance companies will likely respond to the tax
penalties this bill imposes by dropping the coverage of abortions from
all of their plans. This will have a significant effect on all women,
not just on lower income women, who have long felt the brunt of Federal
restrictions on their health care choices.
H.R. 7 is a radical departure from the current tax treatment of
medical expenses and insurance coverage, and it is neither justifiable
nor necessary to prevent the Federal funding of abortion. It is a
frontal assault on the liberty and dignity of all American women. It
should be roundly rejected.
Mr. PITTS. Madam Speaker, the Hyde language does not apply to
ObamaCare. There is not one sentence in this 2,700-page bill. Read the
bill. It applies to Medicaid and to annually appropriated programs.
Mr. SMITH of New Jersey. Will the gentleman yield?
Mr. PITTS. I yield 10 seconds to the gentleman.
Mr. SMITH of New Jersey. Madam Speaker, one of the things that people
seem to forget here is that ObamaCare
[[Page H500]]
both authorizes and appropriates the money so that it is outside the
purview of the HHS appropriations bill. That is why this legislation is
needed. The President promised he would apply the Hyde amendment, but
he has not.
Mr. PITTS. Madam Speaker, I yield 2 minutes to the gentleman from
Pennsylvania (Mr. Rothfus), another champion of life.
Mr. ROTHFUS. I rise in support of H.R. 7, the No Taxpayer Funding for
Abortion and Abortion Insurance Full Disclosure Act.
Madam Speaker, we know from science that everyone's life begins at
conception. The right to life is God-given and is described in our
Declaration of Independence as ``unalienable,'' which means something
that cannot be taken away. I defend, Madam Speaker, the right to life
of everyone in this country and of everyone in this Chamber, even of
those opposed to this legislation.
This bill helps promote a culture of life. It reflects the
overwhelming opinion held by Americans that taxpayer dollars should not
be used to pay for abortion. It also holds President Obama accountable
for another one of his broken promises, when he assured us that his
health care law would not allow taxpayer funds to be used for abortion.
We know, Madam Speaker, from a September 15, 2014, GAO report on
health insurance exchanges that tax dollars are paying for more than
1,000 ObamaCare plans that cover elective abortions. This bill stops
that. I insert the GAO report into the Congressional Record.
[From the U.S. Government Accountability Office, Sept. 15, 2014]
Congressional Requesters--Health Insurance Exchanges: Coverage of Non-
excepted Abortion Services by Qualified Health Plans
The Patient Protection and Affordable Care Act (PPACA)
requires the establishment in all states of health insurance
exchanges--marketplaces where eligible individuals may
compare and select among insurance plans offered by
participating private issuers of health coverage. PPACA
requires the insurance plans offered under an exchange, known
as qualified health plans (QHP), to provide a package of
essential health benefits--including coverage for specific
service categories, such as ambulatory care, prescription
drugs, and hospitalization. In addition to these categories
states may require or restrict coverage of other benefits by
QHPs. Consistent with federal and state law, QHPs may cover
other benefits, such as abortion services.
PPACA prohibits the use of federal funds made available to
offset the cost of QHP coverage--that is, income-based tax
credits and subsidies--to pay for ``non-excepted abortion
services,'' which, based on the law applicable to the 2014
benefit year, are abortion services performed except where
the pregnancy is the result of an act of rape or incest, or
the life of the pregnant woman would be endangered unless an
abortion is performed. While QHPs may cover non-excepted
abortion services, PPACA places requirements on the provision
of such coverage. These include the requirement to estimate
the cost of coverage of such services, at an amount of no
less than $1 per enrollee, per month, and to collect from
each enrollee an amount equal to the actuarial value of the
coverage--segregated from any other premium amounts collected
by the QHP--to be used to pay for the costs associated with
providing non-excepted abortion services. In addition, PPACA
directed the Office of Personnel Management (OPM) to contract
with issuers to offer at least two multi-state QHPs in each
state, at least one of which does not cover non-excepted
abortion services.
There are 23 states with laws restricting the circumstances
under which QHPs may provide non-excepted abortion services
as a covered benefit in 2014, and 28 states with no such
laws. Among the 23 states with restrictions, 17 have laws
that do not permit the coverage of non-excepted abortion
services by QHPs, and 6 states permit the coverage of non-
excepted abortion services only in limited circumstances,
such as to prevent substantial and irreversible impairment of
a pregnant woman's major bodily function.
You asked that we provide a list of QHPs that do and that
do not cover abortion services and for additional information
on issues related to that coverage. This report describes
whether non-excepted abortion services are covered by QHPs
within the 28 states with no laws restricting such coverage
for the 2014 benefit year, and provides additional
information--such as the scope and the cost of non-excepted
abortion services coverage--for selected QHPs that cover such
services.
To obtain the information we present here, we contacted
every state to determine whether states had laws restricting
the circumstances under which abortion services may be
provided as a covered benefit by QHPs in 2014. Based on our
review of those laws and relevant federal laws and
regulations, we determined that 23 states have laws
restricting the circumstances under which non-excepted
abortion services may be provided as a covered benefit by
QHPs for the 2014 benefit year. In order to report on
whether non-excepted abortion services are covered by QHPs
within the 28 states with no laws restricting such
coverage in 2014, we obtained data on QHPs' coverage of
non-excepted abortion services from the Centers for
Medicare & Medicaid Services (CMS), within the Department
of Health and Human Services (HHS), the agency responsible
for overseeing the establishment of health insurance
exchanges; private issuers of QHPs; state departments of
insurance and state exchange organizations; and from
officials at OPM. While these data sources have different
characteristics and limitations, we have determined that,
when taken together, they are reliable for the purpose of
indentifying which QHPs do and which do not provide non-
excepted abortion services coverage in 2014 within the 28
states with no laws restricting such coverage. To provide
additional information regarding non-excepted abortion
services for selected QHPs that cover such services, we
interviewed and collected documentation from a non-
probability sample of 18 issuers about the QHPs they offer
in 10 states. Our criteria for selecting these issuers
included states with no laws restricting non-excepted
abortion services coverage organized by CMS region, state
uninsured population, and number of issuers covering non-
excepted abortion services. These 18 issuers accounted for
nearly one-quarter of QHPs that covered non-excepted
abortion services and were offered within the 28 states.
We conducted our work from February 2014 to September 2014
in accordance with all sections of GAO's Quality Assurance
Framework that are relevant to our objectives. The framework
requires that we plan and perform the engagement to obtain
sufficient and appropriate evidence to meet our stated
objectives and to discuss any limitations in our work. We
believe that the information and data obtained, and the
analysis conducted, provide a reasonable basis for any
findings and conclusions in this product.
Results
1. Which QHPs participating in health insurance exchanges
provide non-excepted abortion services as a covered benefit,
and which do not?
Within the 28 states with no laws restricting the
circumstances under which QHPs may provide non-excepted
abortion services as a covered benefit in 2014:
--in 5 states (Connecticut, Hawaii, New Jersey, Rhode
Island, and Vermont), all QHPs cover non-excepted abortion
services;
--in 15 states (Alaska, Arizona, California, Colorado, the
District of Columbia, Georgia, Maine, Maryland,
Massachusetts, Montana, New Mexico, New York, Oregon, Texas,
and Washington), some QHPs cover non-excepted abortion
services; and
--in 8 states (Delaware, Illinois, Iowa, Minnesota, Nevada,
New Hampshire, West Virginia, and Wyoming), no QHPs cover
non-excepted abortion services.
Nationally, 1,036 QHPs in these 28 states cover non-
excepted abortion services and 1,062 QHPs do not.
2. For selected QHPs, what is the scope of the non-excepted
abortion services benefits that are provided?
Of the 18 issuers offering QHPs that cover non-excepted
abortion services from which we obtained information, all but
three issuers indicated that the benefit is not subject to
any restrictions, limitations, or exclusions. One issuer told
us that it only covers services for a ``therapeutic
abortion,'' which a health care provider determines to be
medically necessary. Two issuers that offered QHPs in New
York indicated that, consistent with requirements set by the
state-based exchange, they impose a limit of one non-excepted
abortion treatment per year. However, one of these two
issuers indicated they also offer QHPs that were not subject
to this restriction. All 18 issuers also indicated that their
abortion services benefit is subject to the same requirements
as other benefits, such as enrollee out-of-pocket costs--
including deductibles, copayments, and coinsurance--and prior
authorization, all of which can vary depending on the
location where the service is provided. For example, issuers
indicated that if this service is provided in an outpatient
setting--which one issuer noted is the typical location--
enrollees are not required to request prior authorization,
similar to any other service performed in an outpatient
setting. Additionally, if performed in an inpatient setting,
the service would require prior authorization, similar to any
other service performed in such a setting. Issuers indicated
that this benefit is described in member materials where
other covered benefits are listed.
3. For selected QHPs, how do issuers estimate the cost of
non-excepted abortion services coverage, what is this cost,
and how are enrollees billed for this coverage?
To estimate the cost of covering non-excepted abortion
services, issuers we contacted indicated that they generally
reviewed historical costs for these procedures, similar to
the approach used to estimate the actuarial value of the
premium attributable to the cost of other covered benefits.
All but one of the issuers from which we obtained information
estimated the cost of the coverage of non-excepted abortion
services to be less than $1 per enrollee, per month. For
example, officials from one issuer told us that their
actuaries estimated that the cost for non-excepted abortion
services ranged between 10 cents and 20 cents per enrollee,
per
[[Page H501]]
month, calculated across multiple states, while officials
with another issuer said that the cost for these services
ranged from 10 cents to 70 cents per enrollee, per month. All
but two of the issuers that estimated the cost to be less
than $1 indicated they rounded the amount up to comply with
PPACA's requirement that the cost of such coverage be
estimated at no less than $1 per enrollee, per month. The
other two issuers noted that they did not round up the amount
to the statutory minimum of $1 and, therefore, were not using
this statutory minimum as a basis for determining premium
amounts to collect from enrollees for non-excepted abortion
services. The highest cost estimated by the issuers we
interviewed was $1.10 per enrollee, per month. For several of
the issuers we contacted, the premium amount associated with
non-excepted abortion services coverage was reported to also
be $1; however, for other issuers the premium amount varied
from the cost issuers estimated for this coverage. For
example, the issuer that estimated the cost of coverage of
non-excepted abortion services at $1.10 per enrollee, per
month, indicated that when adjusted to a paid cost based upon
plan design and administrative expenses, the premium amount
collected from enrollees ranged from 51 cents to $1.46,
depending on the specific QHP.
Fifteen issuers and the Washington Health Benefit
Exchange--which bills enrollees on behalf of issuers offering
QHPs in the state-based exchange, including for 2 of the 18
issuers from which we obtained information--did not itemize
the premium amount associated with non-excepted abortion
services coverage on enrollees' bills nor indicate that they
send a separate bill for that premium amount. Officials from
the remaining issuer from which we obtained information told
us that their bills indicate that there is a $1 charge ``for
coverage of services for which member subsidies may not be
used.''
4. For selected QHPs, how are consumers shopping for QHPs
able to determine whether non-excepted abortion services are
covered?
PPACA does not establish any requirements on whether or how
information about non-excepted abortion services should be
made available to consumers before they enroll in QHPs,
though six of the issuers we contacted indicated that they
made available such information about coverage for abortion
services--which they stated includes both excepted and non-
excepted abortion services--to consumers shopping for QHPs.
These issuers indicated that there are various ways consumers
may determine if their QHPs provide coverage for abortion
services before they enroll. For example, issuers said that
QHP materials--such as their summary of benefits and coverage
or member policies, such as the Evidence of Coverage
document--indicate that abortion services are covered, and
these materials are available to consumers shopping for QHPs
through the issuer's website or through the exchange's
website. Specifically, officials with one issuer informed us
that their Evidence of Coverage document, which provides
details about the features of their QHPs, was available
through the state-based exchange and the benefit--``voluntary
termination of pregnancy''--is identified in that document
under ``Family Planning Services.'' Eleven issuers indicated
that consumers shopping for QHPs do not have access to such
information; some of these issuers indicated that consumers
would need to call the issuer directly before enrolling to
determine whether a QHP provides coverage for abortion
services.
PPACA requires that QHP issuers providing non-excepted
abortion services coverage notify enrollees at the time of
enrollment that those services are covered. While most
issuers from which we collected information indicated they
were notifying enrollees that abortion services were provided
as a covered benefit, four issuers indicated they were not
disclosing this information to enrollees. Officials with two
of these four issuers told us they had only recently become
aware of this requirement, and were in the process of
updating their enrollee materials to come into compliance
with the notification requirement. Officials with the other
two issuers, both of which offered QHPs in the same state,
told us that they are not providing enrollees with
notification of the coverage of non-excepted abortion
services at the time of enrollment. These officials said that
they use model plan materials developed by the state that do
not specifically indicate that non-excepted abortion services
are a covered benefit, and that such information would only
be provided upon enrollee request.
Mr. ROTHFUS. As hundreds of thousands march today on the anniversary
of the Roe v. Wade decision, I urge my colleagues to join me in
committing to defend the sanctity of life and vote ``yes'' on this
bill.
Ms. DeGETTE. Madam Speaker, I am now pleased to yield 2 minutes to
the gentlewoman from Texas (Ms. Jackson Lee), the distinguished senior
member of the Judiciary Committee.
Ms. JACKSON LEE. I thank the gentlewoman for her courage.
Madam Speaker, I stand here today, refusing to surrender on behalf of
millions of women of all economic backgrounds, races, ethnicities, and
religions who rely upon the Supreme Court of the United States, which,
under the Ninth Amendment, has indicated that Roe v. Wade--the right to
choose--is a viable and important law of the land. How can we undermine
the Constitution in its premise and its articulation?
Today, very quickly, let me say that I know there are millions who
are here to disagree with me. I respect that disagreement, but I am
saddened that we would take advantage of this day to misrepresent the
law and pass a law that will do damage to millions of Americans.
This is the face of Republican women, who, in essence, decided that
H.R. 36 was too extreme. Even Republican men said that they could not
vote on a bill that caused or asked women to report a rape before they
would be able to benefit from an abortion. How sad, in the trauma of
rape, that you must require someone to go to the police department
before she could get assistance. That bill was pulled. That extreme
bill was pulled.
In order not to leave us without dramatics, we come again to do what
is hurting millions of women in Texas--where they cannot even get
health services because of the laws passed in Texas, which completely
shut down good health care clinics that deal in abortion and other
women's services for health care--with this dastardly law about
requiring those clinics to be within a certain milage of hospitals,
with their never having any problem before.
Now we come with another masquerade in H.R. 7, which prohibits
Federal funds from being used for any health benefits coverage which
includes the coverage of abortion, making permanent already existing
Federal policies, prohibiting the inclusion of abortion in any health
care service furnished by Federal or the District of Columbia health
care--again, interfering with the women in the District of Columbia--
and prohibiting individuals from receiving refundable Federal tax
credits--individuals interfering with private health insurance.
Madam Speaker, this is a bad bill, and I ask my colleagues to vote
against it. It undermines the Constitution and the Ninth Amendment.
Ms. JACKSON LEE. Madam Speaker, I rise again in strong opposition to
the rule for H.R. 7, the so-called ``No Taxpayer Funding for Abortion
Act,'' and the underlying bill.
I oppose this bill because it is unnecessary, puts the lives of women
at risk, interferes with women's constitutionally guaranteed right of
privacy, and diverts our attention from the real problems facing the
American people.
A more accurate short title for this bill would be the ``Violating
the Rights of Women Act of 2015''!
Instead of resuming their annual War on Women, our colleagues across
the aisle should be working with Democrats to build upon the ``Middle-
Class Economics'' championed by the Obama Administration that have
succeeded in ending the economic meltdown it inherited in 2009 and
revived the economy to the point where today we have the highest rate
of growth and lowest rate of unemployment since the boom years of the
Clinton Administration.
We could and should instead be voting to raise the minimum wage to
$10.10 per hour so that people who work hard and play by the rules do
not have raise their families in poverty.
A far better use of our time would be to provide help to unemployed
job-hunters by making access to community college affordable to every
person looking to make a new start in life.
Instead of voting to abridge the constitutional rights of women for
the umpteenth time, we should bring to the floor for a first vote
comprehensive immigration reform legislation or legislations repairing
the harm to the Voting Rights Act of 1965 by the Supreme Court's
decision in Shelby County v. Holder.
Madam Speaker, the one thing we should not be doing is debating
irresponsible ``messaging bills'' that abridge the rights of women and
have absolutely no chance of overriding a presidential veto.
The version of H.R. 7 before us now is as bad today as it was when
the House Republican leadership insisted on bringing it to a vote a
year ago.
The other draconian provisions of that terrible bill are retained in
H.R. 7, which would:
1. Prohibit federal funds from being used for any health benefits
coverage that includes coverage of abortion. (Thus making permanent
existing federal policies.)
2. Prohibit the inclusion of abortion in any health care service
furnished by a federal or District of Columbia health care facility or
by any physician or other individual employed by the federal government
or the District.
[[Page H502]]
3. Apply such prohibitions to District of Columbia funds.
4. Prohibit individuals from receiving a refundable federal tax
credit, or any cost-sharing reductions, for purchasing a qualified
health plan that includes coverage for abortions.
5. Prohibit small employers from receiving the small-employer health
insurance credit provided by the health care law if the health plans or
benefits that are purchased provide abortion coverage.
If H.R. 7 were enacted, millions of families and small businesses
with private health insurance plans that offer abortion coverage would
be faced with tax increases, making the cost of health care insurance
even more expensive.
Under the Affordable Care Act, insurers are able to offer abortion
coverage and receive federal offsets for premiums as long as enrollees
pay for the abortion coverage from separate, private funds.
If enacted, H.R. 7 would deny federal subsidies or credits to private
health insurance plans that offer abortion coverage even if that
coverage is paid for from private funds.
This would inevitably lead to private health insurance companies
dropping abortion coverage leaving millions of women without access to
affordable, comprehensive health care.
Currently, 87% of private insurance health care plans offered through
employers cover abortion.
If H.R. 7 were to become law, consumer options for private health
insurance plans would be unnecessarily restricted and the tax burden on
these policy holders would increase significantly.
H.R. 7 would also deny tax credits to small businesses that offer
their employees insurance plans that cover abortion, which would have a
significant impact on millions of families across the nation who would
no longer be able to take advantage of existing tax credits and
deductions for the cost of their health care.
For example, small businesses that offer health plans that cover
abortions would no longer be eligible for the Small Business Health Tax
Credit--potentially worth 35%-50% of the cost of their premiums--
threatening 4 million small businesses.
Self-employed Americans who are able to deduct the cost of their
comprehensive health insurance from their taxable income will also be
denied similar tax credits and face higher taxes.
H.R. 7 would also undermine the District of Columbia's home rule by
restricting its use of funds for abortion care to low-income women.
The Hyde Amendment stipulates that no taxpayer dollars are to be used
for abortion care, and has narrow exceptions for rape, incest, and
health complications that arise from pregnancy which put the mother's
life in danger.
H.R. 7 would restrict women's access to reproductive health care even
further by narrowing the already stringent requirements set forth in
the Hyde Amendment.
When the Affordable Care Act was signed into law, the President
issued an Executive Order to ``ensure that Federal funds are not used
for abortion services.''
This version of H.R. 7 goes far beyond the safeguards established
under the Affordable Care Act, and sets a dangerous precedent for the
future of women's reproductive health in this country because it
includes two new provisions that were added at the nth hour but have
never received a hearing or a mark-up.
These new provisions would (1) ban abortion coverage in multi-state
health plans available under the ACA; and (2) mandate that health plans
mislead consumers about abortion coverage by requiring all plans in the
health-insurance exchanges that include abortion coverage to display
that fact prominently in all advertising, marketing materials, or
information from the insurer but interestingly, does not require the
same disclosure from plans that do not cover abortion.
Madam Speaker, H.R. 7 would also force health plans to mislead
consumers about the law's treatment of abortion.
As a concession to anti-choice lawmakers, the ACA requires insurance
plans participating in the new health system to segregate monies used
for abortion services from all other funds.
In order to aid in identifying these funds and simplify the process
of segregating general premium dollars from those used to cover
abortion services, the ACA requires that health plans estimate the cost
of abortion coverage at no less than $1 per enrollee per month.
H.R. 7 would require plans covering abortion to misrepresent this
practice as an ``abortion surcharge,'' which is to be disclosed and
identified as a portion of the consumer's premium.
By describing abortion coverage in this way, H.R. 7 makes it look as
though it is an added, extra cost, available only at an additional fee,
when in fact it is not.
Taken together, the provisions in H.R. 7 have the effect, and
possibly the intent, of arbitrarily infringing women's reproductive
freedoms and pose a nationwide threat to the health and wellbeing of
American women and a direct challenge to the Supreme Court's ruling in
Roe v. Wade.
Madam Speaker, one of the most detestable aspects of this bill is
that it would curb access to care for women in the most desperate of
circumstances.
Women like Danielle Deaver, who was 22 weeks pregnant when her water
broke. Tests showed that Danielle had suffered anhydramnios, a
premature rupture of the membranes before the fetus has achieved
viability.
This condition meant that the fetus likely would be born with a
shortening of muscle tissue that results in the inability to move
limbs. In addition, Danielle's fetus likely would suffer deformities to
the face and head, and the lungs were unlikely to develop beyond the
22-week point.
There was less than a 10% chance that, if born, Danielle's baby would
be able to breathe on its own and only a 2% chance the baby would be
able to eat on its own.
H.R. 7 hurts women like Vikki Stella, a diabetic, who discovered
months into her pregnancy that the fetus she was carrying suffered from
several major anomalies and had no chance of survival. Because of
Vildri's diabetes, her doctor determined that induced labor and
Caesarian section were both riskier procedures for Vildd than an
abortion.
Every pregnancy is different. No politician knows, or has the right
to assume he knows, what is best for a woman and her family.
These are decisions that properly must be left to women to make, in
consultation with their partners, doctors, and their God.
H.R. 7 lacks the necessary exceptions to protect the health and life
of the mother.
H.R. 7 is an unconstitutional infringement on the right to privacy,
as interpreted by the Supreme Court in a long line of cases going back
to Griswold v. Connecticut in 1965 and Roe v. Wade decided in 1973.
In Roe v. Wade, the Court held that a state could not prohibit a
woman from exercising her right to terminate a pregnancy in order to
protect her health prior to viability.
While many factors go into determining fetal viability, the consensus
of the medical community is that viability is acknowledged as not
occurring prior to 24 weeks gestation.
Supreme Court precedents make it clear that neither Congress nor a
state legislature can declare any one element--``be it weeks of
gestation or fetal weight or any other single factor--as the
determinant'' of viability. Colautti v. Franklin, 439 U.S. 379, 388-89
(1979).
The constitutionally protected right to privacy encompasses the right
of women to choose to terminate a pregnancy before viability, and even
later where continuing to term poses a threat to her health and safety.
This right of privacy was hard won and must be preserved inviolate.
The bill before us threatens this hard won right for women and must
be defeated.
I urge all members to join me in opposing the rule and the underlying
bill. H.R. 7 should be pulled off of this floor!
Madam Speaker, I rise in strong opposition to H.R. 36, the ``Pain
Capable Unborn Child Protection Act.'' In the last Congress, I opposed
this irresponsible and reckless legislation.
I opposed the bill, which arbitrarily bans a woman from exercising
her constitutionally protect right to choose to terminate a pregnancy
after 20 weeks, last year for the same reasons I do now. This purely
partisan and divisive legislation:
1. Unduly burdens a woman's right to terminate a pregnancy and thus
puts their lives at risk;
2. Does not contain exceptions for the health of the mother;
3. As introduced and considered in the Judiciary Committee, unfairly
targeted the District of Columbia; and
4. Infringes upon women's right to privacy, which is guaranteed and
protected by the U.S. Constitution.
Madam Speaker, in 2010, Nebraska passed a law banning abortion care
after 20 weeks. Since then 10 more red states--Alabama, Arizona,
Arkansas, Georgia, Idaho, Indiana, Kansas, Louisiana, North Dakota, and
Oklahoma--have enacted similar bans. None of these laws has an adequate
health exception. Only one provides an exception for cases of rape or
incest.
H.R. 36 seeks to take the misguided and mean-spirited policy of these
states and make it the law of the land. In so doing, the bill poses a
nationwide threat to the health and wellbeing of American women and a
direct challenge to the Supreme Court's ruling in Roe v. Wade.
Madam Speaker, one of the most detestable aspects of this bill is
that it would curb access to care for women in the most desperate of
circumstances. It is these women who receive the 1.5 percent of
abortions that occur after 20 weeks.
[[Page H503]]
Women like Danielle Deaver, who was 22 weeks pregnant when her water
broke. Tests showed that Danielle had suffered anhydramnios, a
premature rupture of the membranes before the fetus has achieved
viability. This condition meant that the fetus likely would be born
with a shortening of muscle tissue that results in the inability to
move limbs.
In addition, Danielle's fetus likely would suffer deformities to the
face and head, and the lungs were unlikely to develop beyond the 22-
week point. There was less than a 10% chance that, if born, Danielle's
baby would be able to breathe on its own and only a 2% chance the baby
would be able to eat on its own. Danielle and her husband decided to
terminate the pregnancy but could not because of the Nebraska ban.
Danielle had no recourse but to endure the pain and suffering that
followed. Eight days later, Danielle gave birth to a daughter,
Elizabeth, who died 15 minutes later.
H.R. 36 hurts women like Vikki Stella, a diabetic, who discovered
months into her pregnancy that the fetus she was carrying suffered from
several major anomalies and had no chance of survival. Because of
Vikki's diabetes, her doctor determined that induced labor and
Caesarian section were both riskier procedures for Vikki than an
abortion. Because Vikki was able to terminate the pregnancy, she was
protected from the immediate and serious medical risks to her health
and her ability to have children in the future was preserved.
Madam Speaker, every pregnancy is different. No politician knows, or
has the right to assume he knows, what is best for a woman and her
family. These are decisions that properly must be left to women to
make, in consultation with their partners, doctors, and their God.
That is why the American College of Obstetricians and Gynecologists,
the nation's leading medical experts on women's health, strongly
opposes 20- week bans, citing the threat these laws pose to women's
health.
Madam Speaker, I also strongly oppose H.R. 36 because it lacks the
necessary exceptions to protect the health and life of the mother. In
fact, the majority Republicans rejected an amendment offered by our
colleague, Congressman Nadler, which would have added a ``health of the
mother'' exception to the bill.
Madam Speaker, this may come as news to some in this body, but each
year approximately 25,000 women in the United States become pregnant as
a result of rape. And about a third (30%) of these rapes involved women
under age 18!
Madam Speaker, last and most important, I oppose H.R. 36 because it
is an unconstitutional infringement on the right to privacy, as
interpreted by the Supreme Court in a long line of cases going back to
Griswold v. Connecticut in 1965 and Roe v. Wade decided in 1973. In Roe
v. Wade, the Court held that a state could prohibit a woman from
exercising her right to terminate a pregnancy in order to protect her
health prior to viability. While many factors go into determining fetal
viability, the consensus of the medical community is that viability is
acknowledged as not occurring prior to 24 weeks gestation.
Late Wednesday night because of how absurd H.R. 36 was--it was pulled
from the floor.
By prohibiting nearly all abortions beginning at ``the probable
post-fertilization age'' of 20 weeks, H.R. 36 violates this clear and
long standing constitutional rule.
In striking down Texas's pre-viability abortion prohibitions, the
Supreme Court stated in Roe v. Wade:
With respect to the State's important and legitimate
interest in potential life, the `compelling' point is at
viability. This is so because the fetus then presumably has
the capability of meaningful life outside the mother's womb.
State regulation protective of fetal life after viability
thus has both logical and biological justification. If the
State is interested in protecting fetal life after viability,
it may go as far as to proscribe abortion during that period,
except when it is necessary to preserve the life or health of
the mother.
Supreme Court precedents make it clear that neither Congress nor a
state legislature can declare any one element--``be it weeks of
gestation or fetal weight or any other single factor--as the
determinant'' of viability. Colautti v. Franklin, 439 U.S. 379, 388-89
(1979). NOT can the government restrict a woman's autonomy by
arbitrarily setting the number of weeks gestation so low as to
effectively prohibit access to abortion services as is the case with
the bill before us.
If this bill ever were to become law, it would not survive a
constitutional challenge even to its facial validity. A similar 20-week
provision enacted by the Utah legislature was struck down years ago as
unconstitutional by the United States Court of Appeals for the 10th
Circuit because it ``unduly burden[ed] a woman's right to choose to
abort a nonviable fetus.'' Jane L. v. Bangerter, 102 F.3d 1112, 1118
(10th Cir. 1996). And just last month, the Ninth Circuit struck down a
20 week ban on the ground that the U.S. Supreme Court has been
``unalterably clear'' that ``a woman has a constitutional right to
choose to terminate her pregnancy before the fetus is viable.''
Isaacson v. Horne, F.3d, No. 12-16670, 2013 WL 2160171, at *1 (9th Cir.
May 21, 2013).
Madam Speaker, the constitutionally protected right to privacy
encompasses the right of women to choose to terminate a pregnancy
before viability, and even later where continuing to term poses a
threat to her health and safety.
This right of privacy was hard won and must be preserved inviolate.
Mr. PITTS. Madam Speaker, I am pleased to yield 2 minutes to the
gentleman from Ohio, Steve Chabot, another pro-life champion and the
principal sponsor of the Partial-Birth Abortion Ban.
Mr. CHABOT. I thank the gentleman for yielding.
Madam Speaker, a little while ago, a number of my colleagues from the
other side of the aisle came down and made, I believe, the ludicrous
allegation that this bill is somehow an attack on women's health care,
and, therefore, we ought to be spending time on the infrastructure and
on a whole range of issues.
If you want to talk about an attack on women's health care, it is
called ``ObamaCare.'' It is an attack on the health care of women and
men and children in this country--deductibles up, premiums up, the
quality of health care down. Most of the folks who came down to the
mike--I can't say all of them. I think probably all of them if they
were here--voted for ObamaCare, and the American people are having to
live with the results of that. Now, that is an attack on the health
care of American women.
This legislation simply says that there ought not to be taxpayer
dollars going to pay for abortions in this country, that one person
shouldn't have to pay for the abortion of another person whether it is
on moral grounds, conscience, or one's religion. You shouldn't make one
person pay for another person's abortion. It is pretty simple, and the
American people overwhelmingly agree with that point of view. That is
what this legislation is about. It is in ObamaCare as well. It is the
same thing. Through insurance or otherwise, you shouldn't force one
person to pay for another person's abortion because one is opposed to
it.
Today happens to be a day that is important to me. It is the day I
was born. It is my birthday. It also happens to be the date that, I
would say, the infamous decision of Roe v. Wade came down. My birthday
was in 1953, and this was in 1973 that Roe came down. On this day, I
can't help but think of those millions and millions and millions of
Americans who do not exist today because of that decision.
This, obviously, is related to that, but it is mostly about the
choice that a person has to make; and if she makes that choice, should
somebody else have to pay for it? The law says ``no.'' I agree with the
law. Support this bill.
Ms. DeGETTE. Madam Speaker, I am pleased to yield 1 minute to the
gentlewoman from California (Ms. Judy Chu).
Ms. JUDY CHU of California. Madam Speaker, once again, women's rights
are being attacked on the floor of the House. A decision about health
that should be made by a woman and her doctor is, instead, being made
by politicians with an agenda. Despite their claims of acting for the
sake of women's health, this draconian bill would deny women access to
medical care and drive out abortion coverage from private health plans
once and for all.
What would be the effect?
Women would be denied access to abortion, especially low-income and
minority women who are buying health insurance through the marketplace.
For some, they will be sent back to the
[[Page H504]]
days before Roe v. Wade, when women who were desperate for help were
driven to unlicensed doctors and unsanitary conditions, often suffering
infections, hemorrhages, and, at times, death.
We should not be in the business of endangering women's health and
safety. This is why, yesterday, I introduced the Women's Health
Protection Act. It would prevent States from restricting access to
abortion if they cannot demonstrate an actual benefit to women's
health. Personal medical decisions belong solely to the people they
impact and to the medical professionals they trust. We must oppose this
bill.
Mr. PITTS. Madam Speaker, I am pleased to yield 2 minutes to the
gentlewoman from Tennessee, Diane Black, another pro-life spokesperson.
Mrs. BLACK. Madam Speaker, today is a somber occasion. On this 42nd
anniversary of the Supreme Court's tragic decision in Roe v. Wade, our
hearts ache for the 56 million unborn lives that have been lost due to
this shameful practice of abortion.
But, today, there is hope because we have an opportunity to make a
difference by passing the No Taxpayer Funding for Abortion Act. This
commonsense, compassionate legislation will protect Americans'
conscience rights by ensuring that their hard-earned tax dollars are
not used to fund the destruction of a human life.
As a mother, a grandmother, and a nurse for over 40 years, this
measure is especially meaningful to me. During my years in the health
care industry, I saw the joy in young parents' eyes when they met their
newborn children for the very first time; I held the hands of grieving
spouses and children as they said their final good-byes to loved ones;
and, sadly, I witnessed a young woman lose her life due to the effects
of a botched abortion.
These experiences informed my view that all life is a precious gift
from God, and I pray that, in time, this truth will be reflected in our
Nation's laws; but, until then, can't we at least do this much?
I urge a ``yes'' vote on the No Taxpayer Funding for Abortion, and I
thank the sponsor for his work on this deeply important legislation.
Ms. DeGETTE. Madam Speaker, I am pleased to yield 2 minutes to the
gentlewoman from Florida (Ms. Wasserman Schultz).
Ms. WASSERMAN SCHULTZ. Madam Speaker, I rise today in strong
opposition to the No Taxpayer Funding for Abortion Act, a bill falsely
advertised as pro-family and supporting American values.
If they actually care about defending the values of our Nation and of
the well-being of American families, I ask my colleagues across the
aisle to offer legislation that reflects the priorities of American
families instead of debating a bill that the Republican leadership just
threw on the calendar at the last minute because their original
abortion bill was too extreme, even for them.
Today, we should be discussing ways to ensure every woman can put
food on the table by raising the minimum wage, like 29 States have
done, and by passing equal pay for women. We should be discussing how
to ensure that every person who dreams of a higher education has access
to it by working with President Obama on his community college
proposal. We should be discussing legislation to allow 43 million
workers to take time off when they are sick and to make sure parents
can take time off with their new babies.
These are the family-centered priorities that reflect our values as a
nation, and these are, certainly, the challenges that my constituents
in south Florida sent me here to tackle. Instead, we are debating a
bill with an underlying principle that has already been codified.
Our colleagues on the other side of the aisle know that a regressive
policy of banning taxpayer funding for abortion, which only serves to
punish our Nation's poor and most vulnerable women, already exists. As
the President said Tuesday night, while we may not agree on choice, we
can at least agree that the best people to make these decisions for
women are not politicians. Building on the zeal to interfere in the
health decisions of women, this bill goes even further by tying a
woman's health options to her income.
A strong majority of Americans agree, including 62 percent who
identify as Republicans, that abortion is the wrong issue for Congress
to be spending its time on. I agree with them. When my colleagues are
prepared to work on legislation that truly addresses the concerns of
the American people, we stand ready to work with them.
Listen to your Members who sounded the alarm bell on the original
bill that was pulled off this floor, and get your priorities straight.
Mr. PITTS. Madam Speaker, I am very pleased to yield 1 minute to the
gentleman from California, Mr. Kevin McCarthy, our distinguished
majority leader in this Congress.
Mr. McCARTHY. I thank the gentleman for yielding.
Madam Speaker, we are here today, taking a step forward towards a
simple goal--to save innocent lives from abortion and to make sure no
woman ever has to make that decision to end the life of her child. We
all know that this is more than just some debate or social
disagreement. These are human beings we are talking about.
{time} 1200
This is about pregnant mothers facing hardship and tough choices. It
is about a culture of telling people that human life is expendable. But
most importantly, this is about human beings--more than 56 million
children since Roe v. Wade--who have been denied a chance to live. We
are here today for them, to make sure every person has the most
fundamental right of all: the right to life.
Today, on the anniversary of Roe v. Wade and during the March for
Life, the House will vote on a bill to stop all Federal funding from
being used to pay for abortion. At the very least, the American people
should never be forced to pay for abortions or abortion coverage with
their tax dollars.
I urge my colleagues to stand with the hundreds of thousands of
people out on The Mall right now by voting for this bill. Stand up and
commit to creating an America that values every life, especially the
lives of innocents who cannot stand up for themselves.
Ms. DeGETTE. Madam Speaker, I am now pleased to yield 1 minute to the
gentleman from Florida (Mr. Murphy).
Mr. MURPHY of Florida. I thank the gentlewoman from Colorado (Ms.
DeGette) for yielding and for her advocacy and work on this issue.
Today, on the anniversary of Roe v. Wade, which changed history for
women in America by allowing them to control their own bodies, I rise
against the effort to roll back these rights.
Though we have come a long way in the last 42 years, some politicians
want to undo this progress and restrict access to critical medical
procedures women may need. Why have we been debating whether the
government should seize control over women's health decisions when the
American people want us to work together to create good-paying jobs,
balance the budget, and raise the minimum wage? Instead, this Chamber
is wasting time with a divisive argument about whether the government
should jeopardize a woman's access to medically necessary procedures.
Politicians are not medical experts, and we should not deny a woman
the ability to make her own decisions with those she trusts the most. I
ask my colleagues to focus on the economy instead of spending time on
bills that divide this House and this country.
Mr. PITTS. Madam Speaker, I am pleased to yield 3 minutes to the
gentlewoman from Missouri (Mrs. Wagner).
Mrs. WAGNER. I thank the gentleman for yielding, and I thank him for
his leadership on this very, very important issue.
Madam Speaker, I rise today in support of life. Today is a very
joyous and hopeful day on what is a very sad anniversary. Today is the
42nd anniversary of the Supreme Court decision Roe v. Wade. Hundreds of
thousands of pro-life advocates from across the country, and many from
my own hometown of St. Louis, Missouri, will be on The Mall as we march
in honor of the over 56 million precious angels we have lost over the
last 42 years.
Madam Speaker, I believe in the sanctity of life, I believe that life
begins at conception, and that every life is a gift.
[[Page H505]]
There is an area where most Americans agree and where elected
officials should all come together, and that is on the Federal funding
of abortion. The majority of Americans do not want their hard-earned
tax dollars going to pay for abortions, and Congress has consistently
worked together over the years by attaching the Hyde amendment to
appropriations bills to prevent taxpayer funds from going towards
abortions.
That is why I am proud to cosponsor and support H.R. 7, the No
Taxpayer Funding for Abortion and Abortion Insurance Full Disclosure
Act. There is no more appropriate day than today to consider such
important legislation.
This bill does exactly what the name implies. It permanently ensures
that no taxpayer dollars go to pay for abortion or abortion coverage.
This bill codifies the Hyde amendment and also addresses taxpayer
funding for abortion that, unfortunately, the Hyde amendment does not
cover.
For example, ObamaCare expressly allows funding for plans that
include abortion through taxpayer subsidies. During the health care
debate, the President assured the American people that no Federal
dollars would be used to fund abortions under ObamaCare. It was yet
again another broken promise.
However, the No Taxpayer Funding for Abortion Act not only prevents
taxpayer funding for abortion under ObamaCare, it also requires
transparency to ensure the consumers are fully informed about which
plans on the exchanges contain abortion coverage and surcharges.
Madam Speaker, throughout my life I have worked to draw attention to
the pro-life movement--to change hearts and minds and to approach this
issue with love and compassion. I will continue to work throughout my
time in Congress towards the day when abortion is not only illegal but
abortion is unthinkable.
I urge my colleagues on both sides of the aisle to support this
important legislation.
Ms. DeGETTE. Madam Speaker, I am now pleased to yield 2 minutes to
the distinguished gentlewoman from California (Ms. Speier).
Ms. SPEIER. I thank the gentlewoman from Colorado.
Madam Speaker, I want to first say to the other side of the aisle
that I am grateful that some members of your caucus recognized that
indeed extremism on this issue has got to come to an end and that you
took steps to roll back the ridiculous bill that you had intended to
bring up today but didn't have the votes for because they spoke up. And
I am grateful to them.
In some respects, you look around this room and you think, Is this a
Chamber of Congress or is this a doctor's office? We might as well have
stethoscopes, stirrups, and speculums here because that is what you are
doing. You are trying to come between a woman and her physician.
There is a lot of hoopla today because this is the anniversary of Roe
v. Wade, and this is a messaging bill, so we are here messaging. Roe v.
Wade was a decision by the Supreme Court of the United States of
America, and when each of us became Members of this body this month, we
swore that we would uphold the Constitution of the United States. But
my colleagues on the other side of the aisle spend hours and hours
wringing hands, trying to somehow find ways to undo constitutional
decisions by the U.S. Supreme Court.
So we are here having yet another debate when American women in this
country are far more interested in equal pay for equal work, paid sick
leave, a child care tax credit that has some resemblance to what
reality is in this country. But rather, we will continue to act like
doctors here.
And I might add there are even some hypocrites on the other side of
the aisle who have counseled their own girlfriends to have abortions.
It is legal, Members. We have a right to maintain this legality.
Mr. PITTS. Madam Speaker, I am very pleased to yield 2 minutes to the
distinguished gentleman from California (Mr. LaMalfa), another eloquent
pro-life force.
Mr. LaMALFA. I thank the gentleman for yielding.
Madam Speaker, today, I am glad to be a Californian who is in favor
of H.R. 7, the No Taxpayer Funding for Abortion Act.
Indeed, we have heard some interesting debate on this today,
deflecting issues like higher pay or building more infrastructure,
which we desperately need in California, as well as the water supply,
and even entering the word ``child care'' in when we are talking about
paying for abortions. Interesting. Even words like ``access.'' Well,
abortion has been certainly accessible for 42 years, millions of times.
The central point is, Are the taxpayers going to be compelled to pay
for it? Are the American people out there--those 68 percent, in the
latest poll--going to be compelled to pay for something?
Jefferson said:
To compel a man to furnish contributions of money for the
propagation of opinions which he disbelieves is sinful and
tyrannical.
People who are pro-life, as well as many that are pro-choice, might
agree with the idea that abortion should be available--on the pro-
choice side. But many, many disagree, a supermajority. The number of
people who disagree with this would override a veto in these two Houses
in the Capitol.
Yet what we are finding in my own State of California is an
interpretation of ObamaCare--which is one of those job-killing, non-
infrastructure building items that is hurting our economy in California
and in this country--where we are being compelled, whether you are a
church or religious charity, employer or individual, to have included
in your insurance plans these provisions paying for abortions.
Where is the freedom in that? Where is the conscientious objection to
that? Where is the freedom of expression that I hear a lot from the
other side of the aisle--until recent years? Our First Amendment?
This bureaucratic mandate, which includes their opinion on what it
would be under ObamaCare, largely done quietly, in the middle of the
night, out of the public eye, is now being put on Californians. We need
to send the message back that Californians should not be compelled to
have to provide this in their coverage.
Ms. DeGETTE. Madam Speaker, I am pleased to yield 1 minute to the
gentleman from Michigan (Mr. Kildee).
Mr. KILDEE. I thank my friend for yielding.
Madam Speaker, I feel compelled to point out, after listening to the
debate and the hyperbole, the passionate thoughts of what a high
priority this is for the Republican leadership to bring this bill to
the floor--such a high priority that they didn't think about it until
late last night. They didn't bring it to committee. They rushed it to
the floor without having even thought of this legislation until late
last night. Such a high priority. We know, the American people know,
this is political theater.
In listening to the debate, it is also quite revealing in listening
to some of the comments made that this is not about taxpayer funding
for the health care choices that American women legally have and the
Constitution supports and that the Supreme Court clarified 42 years
ago, but it is about preventing women from making that choice in the
first place. That is a choice that ought to be made by women, by
themselves, in consultation with their health care provider, and not by
Members of Congress.
Mr. PITTS. Madam Speaker, might I inquire of the time remaining?
The SPEAKER pro tempore. The gentleman from Pennsylvania has 6\1/2\
minutes remaining. The gentlewoman from Colorado has 10\1/2\ minutes
remaining.
Mr. PITTS. Madam Speaker, I reserve the balance of my time.
Ms. DeGETTE. Madam Speaker, I am pleased to yield 1\1/2\ minutes to
the distinguished gentlewoman from the District of Columbia,
Congresswoman Eleanor Holmes Norton.
Ms. NORTON. Madam Speaker, I thank the gentlewoman from Colorado.
Is there any way to make an anti-women, anti-health, anti-choice bill
worse? Sure there is. Add a provision that keeps a local jurisdiction--
the District of Columbia--from spending its own local funds on abortion
services for poor women, exactly as 17 States of the Union do.
Americans will ask: How on Earth can you do that in this country?
Laughably--by declaring the District of Columbia government to be a
virtual Federal agency.
This bill hurts millions of women across the country who have a
constitutional right to make choices about
[[Page H506]]
their own health. It compounds that discrimination by violating the
oldest American principle--local control of local funds.
The Senate has repeatedly rejected this bill, and I expect them to
have the good sense to repeat that rejection.
{time} 1215
Mr. PITTS. Madam Speaker, I am pleased to yield 2 minutes to the
gentlewoman from California (Mrs. Mimi Walters).
Mrs. MIMI WALTERS of California. Madam Speaker, I rise today on the
42nd anniversary of the Supreme Court's decision in Roe v. Wade in
support of H.R. 7, the No Taxpayer Funding for Abortion Act. This vital
bill establishes that no taxpayer funds be used for abortion, including
plans that cover abortion under the President's health care law.
These restrictions will save lives. According to the research by the
Guttmacher Institute, policies that cut taxpayer funds towards abortion
will actually prevent 25 percent or more of the abortions that would
otherwise take place.
Furthermore, recent polling has demonstrated that the American public
is widely opposed to taxpayer funds for abortion. According to a Marist
poll released in January of this year, 68 percent of the respondents
opposed taxpayer funds for abortion. A CNN poll from last year shows
that 56 percent of respondents oppose public funding for abortion.
As a mother of four, I know personally how precious the gift of human
life is and how important it is to honor that gift. As legislators, it
is both our job and responsibility to protect the innocent lives of the
unborn and to serve as a voice for those who do not yet have one.
Today, the U.S. House has a historic opportunity to put an end to the
use of taxpayer funding for abortion. In drafting the Virginia Statute
for Religious Freedom, Thomas Jefferson so wisely penned: ``To compel a
man to furnish contributions of money for the propagation of opinions
in which he disbelieves and abhors is sinful and tyrannical.''
Madam Speaker, I emphatically agree.
Ms. DeGETTE. Madam Speaker, I am now pleased to yield 2 minutes to
the gentlewoman from North Carolina (Ms. Adams), one of our
distinguished new Members.
Ms. ADAMS. Madam Speaker, absolutely outrageous, that is what
Republicans' attempt to repeal Roe v. Wade on its 42nd anniversary is,
absolutely outrageous.
A blatant attack on women and their families, their first attempt,
H.R. 36, failed because women of both parties spoke out to let our male
Republican colleagues know they have gone too far.
The women of this House know that a woman cannot call herself free
who does not own or control her own body. We are free, Madam Speaker.
Here we go again, H.R. 7, another attempt to attack women's rights.
It especially impacts women of color--not on my watch.
Women of the House, let's do it again. Let's prevent this legislation
from moving forward, and let's vote ``no.''
Mr. PITTS. Madam Speaker, I yield myself such time as I may consume.
First of all, abortion is not health care. It is a brutal procedure
that ends the lives of unborn children through suction, dismemberment,
decapitation, or chemical poison. It is the most violent form of death
known to mankind.
As Frederica Mathewes-Green, former chair of the Feminists for Life,
said:
Abortion breaks a mother's heart.
She said:
There are always two victims in an abortion. One is the
baby, and one is the mother; one is dead, one is wounded.
Madam Speaker, this human rights abuse should not be paid for or
encouraged by government taxpayer money. The women in the Silent No
More Awareness Campaign and the women in Operation Outcry point out
that abortion not only takes the lives of the unborn child, it wounds
all the mothers. We should keep this in mind.
Madam Speaker, I reserve the balance of my time.
Ms. DeGETTE. Madam Speaker, I am now pleased to yield 2 minutes to
the distinguished gentlewoman from New York (Mrs. Carolyn B. Maloney).
Mrs. CAROLYN B. MALONEY of New York. I thank my good friend, Diana,
for her leadership on this issue and for so many other important issues
and for yielding to me.
Madam Speaker, despite the rhetoric we have heard from our Republican
colleagues about their commitment to focusing, laserlike, on what the
American people care about most--creating jobs and accelerating
economic growth--the only thing that they have accelerated in this new
Congress is their attacks on a woman's constitutional rights.
In just their first 7 days in office, our Republican colleagues have
introduced six anti-choice bills and brought two of them to the floor
for debate; so rather than focus on jobs, we have a bill that is not
only an assault on women, it is pure political posturing that is
guaranteed to be vetoed, even if it makes it through the Senate. The
President has made that clear.
We need to focus on what the vast majority of the American people
have asked us to do: create greater economic opportunity for all
Americans.
Mr. PITTS. Madam Speaker, I yield myself such time as I may consume.
The gentlelady said what the American people care about. Well, a
Marist poll released this month found that 68 percent of the
respondents oppose taxpayer funding for abortion. A February 2014 CNN
poll showed that 56 percent of the respondents opposed public funding
of abortion. A January 2010 Quinnipiac University poll showed 67
percent of the respondents opposed Federal funding of abortions.
A November 2009 Washington Post poll showed 61 percent of the
respondents opposed government subsidies for health insurance that
includes abortion. A September 2009 International Communications
Research poll showed that 67 percent of respondents opposed measures
that would require people to pay for abortion coverage with their
Federal taxes.
We know what the American people care about.
Madam Speaker, I reserve the balance of my time.
Ms. DeGETTE. Madam Speaker, I yield myself such time as I may
consume.
Madam Speaker, I just have to end with what I started with. There is
no Federal taxpayer funding for abortion. There has not been for many
decades.
Some people, like me, think that this is an ill-conceived public
policy, but it is the law of the land, it is the law of the land every
year in the appropriations bill, and it is part of the compromise that
was negotiated with the Affordable Care Act, so we need to keep that in
mind as we talk about what this legislation does.
What this legislation will do is it will take away the ability of
women in the exchanges to buy comprehensive health care insurance with
their own money.
Now, I heard many speakers on the other side of the aisle today talk
about their deep concerns about abortion and unwanted pregnancies.
Well, I will tell you something: if you want to reduce unwanted
pregnancies--which all of us in this room do--what you need to do is
give women quality health insurance with robust family planning and a
full range of health care services.
The Guttmacher Institute, in a 2010 study, showed, happily, that teen
pregnancy in this country was at the lowest rate in over 30 years. Do
you know why? Two reasons: number one, birth control for these
teenagers; and, number two, comprehensive health insurance.
This Congress which has passed, over and over again, restrictions on
birth control access--not just for teens, but for all women--and
restrictions on comprehensive family planning is actually passing
legislation that is going to stop this decrease in unwanted teen
pregnancies.
It is an ill-conceived policy. It is a wrongheaded policy. If we want
to stop unwanted pregnancies, the way to do it is to have comprehensive
health insurance for all American women.
Now, the majority, at the last minute, pulled the bill with the
egregious provisions on rape that would have required rape victims to
affirmatively go to the police before they could raise the exception,
but don't make any mistake about it, this bill is just as egregious as
that bill.
[[Page H507]]
The reason it is is because, in an unprecedented move, it stops
American women and their families from being able to get comprehensive
health insurance with their own money.
What would happen is it would open up a significant divide between
the coverage that large employers would give to families and small
employers and individuals.
Now, the other thing this does is it reopens the debate and the
compromise that we had in the Affordable Care Act. The compromise we
made in that bill was that there would be no public funding for
abortion under the Affordable Care Act.
It was negotiated, it was agreed upon, and as the other side
admitted, the President issued an executive order saying he would
enforce the current law on that, and, in fact, that is what happened.
The act required two separate premium payments for women and their
families who receive premium tax credits and choose coverage that
includes abortion services. The act is clear in its language. No
portion of premium tax credits may be used to pay for the portion of
comprehensive health coverage that is purchased in the marketplaces
that relates to abortion services.
The compromise was agreed upon by pro-life groups like the Catholic
Health Association and everybody else, and now, this compromise is
being thrown out the window.
Well, our opponents say there was a GAO report last September that
said that insurance companies were not segregating the funds, so they
say that that means, somehow, Federal dollars are being used to pay for
abortions.
Well, after that GAO study came out, Madam Speaker, the HHS
promulgated a new rule clarifying the agreement under the Affordable
Care Act that the funds had to be segregated, and they promulgated this
rule on Wednesday, November 26.
Madam Speaker, I will insert that proposed rule into the Record at
the end of my remarks.
So this compromise is being honored by the administration.
Now, early in this debate, I asked my opponents to please give me one
example where Federal taxpayer dollars have been used to pay for
abortions. I haven't heard that example, and it is because it is not
happening. This is a false issue that is being raised.
I would submit to everybody here: let's stop talking about this false
issue just because there are a whole bunch of people in town who want
us to pass some legislation; let's talk about some real issues.
We just received a Statement of Administration Policy from the White
House. Not surprisingly, the administration has said that the President
would veto this bill. The bill is likely dead on arrival in the Senate,
but even if it did pass, it would be vetoed.
I have a suggestion for my colleagues on both sides of the aisle:
let's take up some issues that the women and families of America care
about; let's take up the issue of how we are going to give women good
jobs with comprehensive health insurance, so they can make their own
decisions, along with their family and their doctor.
Let's talk about legislation that will allow women of America to get
jobs that have equal pay for equal work to the men. Let's talk about a
bill that will give tax credits for families who have to struggle every
month to pay for child care for their little kids. Let's talk about
that.
{time} 1230
And finally, let's talk about parental leave, which virtually every
other country in the world has, so that when families have children
whom they love so much and want to take care of, they won't have to go
back to work because their employer doesn't pay them for family leave.
Let's talk about that because, Madam Speaker, that is what the women
and families of America want us to talk about.
I urge us to reject this legislation. I urge a ``no'' vote.
g. Segregation of Funds for Abortion Services
(Sec. 156.280)
Section 1303 of the Affordable Care Act and Sec. 156.280
specify accounting and other standards for issuers of QHPs
through the Exchange in the individual market that cover
abortion services for which public funding is prohibited
(also referred to as non-excepted abortion services). The
statute and regulations establish that unless otherwise
prohibited by State law, a QHP issuer may elect to cover such
services. If an issuer elects to cover such services under a
QHP sold through the individual market Exchange, the issuer
must take certain steps to ensure that no premium tax credit
or cost-sharing reduction funds are used to pay claims for
abortion services for which public funding may not be used.
We are providing guidance on an individual market Exchange
issuer's responsibilities with respect to requirements
related to QHP coverage of abortion services for which public
funding is prohibited. HHS works with stakeholders, including
States and issuers, to help them fully understand and follow
the statutes and regulations governing the provision of
health insurance coverage under a QHP through the Exchange.
As is the case with many provisions in the Affordable Care
Act, States and State insurance commissioners are the
entities primarily responsible for implementing and enforcing
the provisions in section 1303 of the Affordable Care Act
related to individual market QHP coverage of nonexcepted
abortion services. OPM may issue guidance related to these
provisions for multi-State plan issuers.
Under section 1303(b)(2)(B) of the Affordable Care Act, as
implemented in Sec. 156.280(e)(2)(i), individual market
Exchange issuers must collect a separate payment from each
enrollee, for an amount equal to the AV of the coverage for
abortions for which public funding is prohibited. However,
section 1303 of the Affordable Care Act and Sec. 156.280 do
not specify the method an issuer must use to comply with the
separate payment requirement. This provision may be satisfied
in a number of ways. Several such ways include, but are not
limited to: sending the enrollee a single monthly invoice or
bill that separately itemizes the premium amount for
nonexcepted abortion services; sending a separate monthly
bill for these services; or sending the enrollee a notice at
or soon after the time of enrollment that the monthly invoice
or bill will include a separate charge for such services and
specify the charge. Section 1303 of the Affordable Care Act
permits, but does not require a QHP issuer to separately
identify the premium for non-excepted abortion services on
the monthly premium bill in order to comply with the separate
payment requirement. A consumer may pay the premium for non-
excepted abortion services and for all other services in a
single transaction, with the issuer depositing the funds into
the issuer's separate allocation accounts as required by
section 1301(b)(2)(C) of the Affordable Care Act, as
implemented in Sec. 156.280(e)(2)(ii) and Sec. 156.280(e)(3).
Section 1303(b)(2)(D) of the Affordable Care Act, as
implemented in Sec. 156.280(e)(4), establishes requirements
for individual market Exchange issuers with respect to how
much they must charge each QHP enrollee for coverage of
abortions for which public funding is prohibited. A QHP
issuer must estimate the basic per enrollee, per month cost,
determined on an average actuarial basis, for including
coverage of non-excepted abortion services. In making this
estimate, a QHP issuer may not estimate the basic cost of
coverage for non-excepted abortion services to be less than
one dollar per enrollee, per month. This means that an issuer
must charge each QHP enrollee a minimum premium of one dollar
per month for coverage of non-excepted abortion services.
Statement of Administration Policy
H.R. 7--No Taxpayer Funding for Abortion Act
(Rep. Smith, R-New Jersey, and 20 cosponsors)
The Administration strongly opposes H.R. 7. The legislation
would intrude on women's reproductive freedom and access to
health care; increase the financial burden on many Americans;
unnecessarily restrict the private insurance choices that
consumers have today; and restrict the District of Columbia's
use of local funds, which undermines home rule. Longstanding
Federal policy prohibits the use of Federal funds for
abortions, except in cases of rape or incest, or when the
life of the woman would be endangered. This prohibition is
maintained in the Affordable Care Act and reinforced through
the President's Executive Order 13535. H.R. 7 would go well
beyond these safeguards by interfering with consumers'
private health care choices. The Administration strongly
opposes legislation that unnecessarily restricts women's
reproductive freedoms and consumers' private insurance
options.
If the President were presented with H.R. 7 his senior
advisors would recommend that he veto this bill.
Ms. DeGETTE. I yield back the balance of my time.
Mr. PITTS. Madam Speaker, I yield myself such time as I may consume.
Again, on the so-called compromise, I offered the Hyde language in
the committee, and we won in a bipartisan vote. Chairman Waxman
recessed, changed the votes, stripped it out, and brought it to the
floor without Hyde. I was involved in the negotiation.
I wrote the Stupak-Pitts amendment. I know what the compromise is
with the so-called executive order. It is full of loopholes. The Hyde
amendment does not apply to the Affordable Care Act.
I yield such time as he may consume to the distinguished gentleman
from
[[Page H508]]
Pennsylvania (Mr. Kelly), another pro-life champion.
Mr. KELLY of Pennsylvania. I thank the gentleman.
Madam Speaker, make no mistake about what this debate is about. H.R.
7 codifies that no taxpayer money would be given for abortions.
But the real debate on the floor today is about life. We are talking
about life in the people's House, on the floor of the people's House.
We are talking about a gift from God. We are talking about something
that was so well put into our Declaration of Independence--life,
liberty, and the pursuit of happiness, the first of those being life. I
understand that there is a serious debate about that.
There are times that people say: Listen, we are not really ready
right now for this child. But expectant mothers and unborn children
have got to be protected. My goodness, in a nation that recoils at the
news around the world, at the loss of life, and says this is horrible
what is happening in Syria, this is horrible what is happening in the
Mideast, this is horrible that this is happening, then we want to go
there, and we want to rush to help people because there is a loss of
life, and then in our own country we have turned a blind eye and a deaf
ear to the loss of 56 million unborn children. These are lives that
were lost that did not have to be lost.
I know there is a law that says they have the right to make that
decision. It may be legal, but I don't think it is right.
As far as giving a gift to the 500,000 or so people that are in
Washington today in the pro-life march, this is not a gift from the
Republican Party to these people. This is a gift from our Creator,
Himself, on reproduction. How we have demeaned this and reduced it down
to a political discussion is absolutely abhorrent.
Never, never has this country ever turned its back on the most
vulnerable.
I have been there for the birth of my four children. I have 10
grandchildren now. I have also held the hands of my mother, my father,
and my sister as they died. There is nothing more precious than life.
There is just nothing more precious than that.
I ask all my colleagues to vote in favor of H.R. 7 to answer the
American people who say we do not want to fund abortion, to end this
debate, and let's move forward.
Mr. PITTS. I yield back the balance of my time.
Mr. FARR. Madam Speaker, this bill is simply outrageous. It was bad
enough that the Majority brought to the floor H.R. 36 outside the
regular order. But the Majority had to pull that bill when the women in
their Conference informed their Leadership just how bad the bill was
and that they could not vote for it. Undeterred at its `war on women'
the Majority pulled H.R. 36 and rushed to the floor an equally
offensive bill, H.R. 7. This new bill, H.R. 7, the so-called No
Taxpayer Funding for Abortion and Abortion Insurance Full Disclosure
Act of 2015 is simply an attempt to substitute one anti-family bill for
another. Timed to coincide with the annual pro-life march in
Washington, this is a blatant attempt at pandering to their base.
During the last elections, the Republicans made quite a show of how
they would run the Congress by regular order and make Congress work for
the American people. However, we have had mere hours notice that this
bill would even be brought to the floor. The bill was introduced
yesterday and has already been fast tracked by the leadership to be on
the floor this morning! Needless to say, there was NO committee debate
and NO opportunity to amend the bill in any way. No one has even had a
chance to read the bill. Who says those in Congress can't get things
done quickly when they want to?
Supporters of the bill argue that it will simply codify the Hyde
amendment and permanently prohibit taxpayer funding of abortion.
However, we all know that is false. H.R. 7 is actually much more
nefarious than that. It seeks to restrict women's reproductive rights
and access to health care; increase healthcare premiums for many
Americans and small businesses; and, limit the private insurance
choices of consumers. It will almost certainly guarantee that insurance
companies will no longer offer abortion coverage to consumers.
The Republicans in the House are continuing the mission to completely
eliminate women's reproductive rights and their access to healthcare.
As with the previous version of this bill, H.R. 7 is nothing more than
a statement bill.
In addition, this bill also undermines the D.C. home rule. H.R. 7
prohibits D.C. from using its own Medicaid funds to provide abortion,
language that is already included in the annual appropriations bill.
This is despite the fact that 17 states currently use their own state
funds to provide abortion.
Madam Speaker, H.R. 7 is the antithesis of Republicans stated goal of
``small government.'' How can the Majority be so hypocritical? The
Republican Majority is using this bill to reach into the lives of
millions of Americans and make their health care decisions for them.
Mr. SAM JOHNSON of Texas. Madam Speaker, our Great Nation was founded
upon the idea that ALL men are ``endowed by their Creator with certain
unalienable Rights.'' And the first right mentioned in our Declaration
of Independence is that of Life. We must do all we can to uphold this
most fundamental value.
Today is the anniversary of the tragic Roe v. Wade ruling. In
response, thousands of people have come to Washington, DC to
participate in the annual March for Life so that those who cannot speak
for themselves do have a voice.
In solidarity, the House is also taking action to uphold our founding
principles and protect our unborn by voting to reaffirm that no federal
funding--including Obamacare subsidies--shall be used to pay for or
subsidize abortions. At a time when our national debt is over $18
trillion, to allow any federal funding for abortions would be a breach
in the trust that the American public has placed in us to be good
stewards of taxpayers' dollars--but more importantly, to protect our
unborn.
I have consistently cosponsored and voted for legislation that
continues the prohibition on federal funding for abortions, and I fully
support H.R. 7. I am dedicated to protecting the sanctity of human
life, which begins at conception. While today's vote is crucial to
protecting the unborn, we cannot rest. Therefore I look forward to
joining millions of Americans as we continue the important work of
fully protecting our God-given right to Life for ALL, including our
most innocent.
Mr. CONNOLLY. Madam Speaker, goundhog Day isn't for a couple more
weeks, but you wouldn't know that from looking at the Republican
majority's agenda these past few weeks. They've brought up one partisan
bill after another that already proved unsuccessful in previous years.
Today, we are revisiting the No Taxpayer Funding for Abortion Act,
which is misleading and redundant to say the least and represents yet
another attempt by Republicans to restrict a woman's reproductive
rights and access to lifesaving health services. In fact, it's their
second attempt this week after they had to pull a controversial and
unconstitutional 20-week (abortion) ban due to lack of support on their
side of the aisle.
The contradiction between this narrow, ideological agenda and the
message Republicans attempted to convey in their response to the
President's State of the Union address this week--in which they claimed
they would be ``working to change the direction in Washington'' and
passing ``serious job-creation ideas''--is stark.
Aside from denying care to women in the most desperate of
circumstances, this bill would go beyond the current Hyde Amendment to
place restrictions on how women with private insurance can spend
private dollars in purchasing health insurance. It is a prima facie
infringement of women's constitutional rights.
Madam Speaker, as polarizing as these debates continue to be, I
believe we should make decisions based on this country's founding
principles of personal liberty that should always guide this body on
the subject of women's reproductive health.
Mr. DANNY K. DAVIS of Illinois. Madam Speaker, I join with women's
rights advocates, health care stakeholders, and religious groups in
opposing H.R. 7, the Unprecedented, Radical Assault on Women's Health
Care Act. This piece of legislation is another attempt by politicians
to control women's private health care choices.
As we emerge from one of the worst economic crises in our nation's
history, Congressional leaders should focus on bills to increase
Americans' paychecks, create jobs, improve education, and incentivize
investment in America rather than jeopardize the health of American
women and undermine longstanding Supreme Court precedence regarding
women's reproductive health.
Politicians are not medical experts, yet this bill today allows
politicians to control women's private health care decisions. Politics
should not drive medical decisions.
I firmly believe that the American people wish to see their
representatives focus on proactive policies that strengthen our economy
and address their health care needs, such as by increasing access to
affordable health care and reducing health disparities. Rather than
imposing national restrictions on private medical decisions,
policymakers should focus on keeping Americans healthy via
comprehensive health care, healthy pregnancies, and healthy children.
Rather than allowing the federal government to violate the basic
constitutional
[[Page H509]]
rights of women, we should increase our investment in research and
development, help students afford and succeed in college, raise the
minimum wage, strengthen our roads and bridges, and invest in our
communities.
America needs policymakers who support our citizens, not who
subordinate them. I cannot support this bill that allows politics to
control women's medical choices, and I urge my colleagues to oppose.
Mr. GENE GREEN of Texas. Madam Speaker, I rise today to express my
opposition to H.R. 7, the No Taxpayer Funding for Abortion Act.
Longstanding federal policy explicitly prohibits the use of federal
funds for abortions, except for certain narrow circumstances of rape,
incest, or severe health complications that threaten the life of the
mother. The Affordable Care Act (ACA) maintains this ban and a federal
appeals court confirmed that no federal dollars may be used to pay for
abortion services under the law.
Far more sweeping in scope than the title implies, the No Taxpayer
Funding for Abortion Act goes well beyond codifying the Hyde Amendment
and protecting public funds. This bill intrudes on women's reproductive
autonomy and access to health care, manipulates the tax code to put
additional financial burdens on many women and small businesses, and
unnecessarily restricts the private insurance choices available to
consumers today.
The House of Representatives should be spending our time working to
improve access to health care for all Americans, instead of deceptive
legislation that interferes with a woman's ability to make personal,
private medical decisions.
The SPEAKER pro tempore. All time for debate has expired.
Pursuant to House Resolution 42, the previous question is ordered on
the bill.
The question is on the engrossment and third reading of the bill.
The bill was ordered to be engrossed and read a third time, and was
read the third time.
Motion to Recommit
Ms. MOORE. Madam Speaker, I have a motion to recommit at the desk.
The SPEAKER pro tempore. Is the gentlewoman opposed to the bill?
Ms. MOORE. Yes, Madam Speaker. I am opposed to it in its current
form.
The SPEAKER pro tempore. The Clerk will report the motion to
recommit.
The Clerk read as follows:
Ms. Moore moves to recommit the bill H.R. 7 to the
Committee on the Judiciary with instructions to report the
same back to the House forthwith, with the following
amendment:
Add at the end of the bill the following (and conform the
table of contents accordingly):
TITLE III--RULE OF CONSTRUCTION
SEC. 301. PROTECTING THE MEDICAL PRIVACY OF WOMEN, INCLUDING
VICTIMS OF RAPE AND INCEST.
Nothing in this Act shall be construed to authorize any
party to violate, directly or indirectly, the medical privacy
of any woman, including the victims of rape or incest, with
respect to her choice or use of comprehensive health
insurance coverage.
Mrs. BLACKBURN (during the reading). Madam Speaker, I reserve a point
of order against the motion to recommit.
The SPEAKER pro tempore. A point of order is reserved.
The Clerk will read.
The Clerk continued to read.
The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from
Wisconsin is recognized for 5 minutes in support of her motion.
Ms. MOORE. Madam Speaker, this is the final amendment to the bill,
and it will not kill the bill or send it back to committee. If this
amendment is adopted, the bill, as amended, will immediately proceed to
final passage.
As the Clerk has indicated, Madam Speaker, this motion to recommit
would merely protect the medical privacy of millions of women,
including those women who are victims of rape and incest. It would
ensure that nothing in H.R. 7, the underlying legislation, could be
construed to allow any entity to violate the medical privacy of any
woman, including these victims, when it comes to her choice of
comprehensive health care services.
Madam Speaker, we have heard a great debate here today, and we have
heard, Madam Speaker, the majority party insist that we need to codify
the 1976 Hyde amendment prohibiting poor women from having abortions.
I can assure you that, as we have looked over the past 42 years here
on the anniversary of Roe v. Wade, we have seen that low-income women--
particularly women of color--have been disproportionately impacted by
the very successful implementation of the Hyde amendment. Women have
been forced to choose between food and shelter. They have been forced
to choose between the best interests of their health, and they have
given birth, on many occasions, even despite their poor health status,
their poor economic status, or their poor emotional status to children
who are poor.
We have heard data and statistics about the number of unborn persons
as a result of abortion. We have not heard one single statistic about
the number of children who are born in dire poverty only, Madam
Speaker, to be humiliated in this Chamber over and over again, being
called ``products of the culture of dependency,'' who are killed by
cuts, death by 1,000 cuts--cuts to food stamps, cuts to WIC, cuts to
Head Start, cuts to educational opportunity. Death by 1,000 cuts. We
have not heard anyone on the other side speak about that misalignment.
But with this legislation, it is not enough to stop low-income women,
poor women, particularly women of color--African Americans, Asians,
Native American women, Latinas--it is not enough to prevent them from
abortions. Some of them have become pregnant because of rape and incest
and forced trafficking who have diabetes and other underlying health
problems. That is not enough.
This legislation is so nefarious as to try to prevent the women who
have been lucky enough to get a job in a small business, lucky enough
to be able to afford to buy insurance and use their own money to buy
insurance--they have been lucky enough to do that--to prevent them, by
some extraneous nexus--supposedly health care-funded payments through
the Affordable Care Act--from seeking this health care. This is really,
really a backdoor approach to really trying to undermine the law of the
land, Roe v. Wade.
Many women, Madam Speaker, know on a personal level the history of
shame and stigma that come forward when they are trying to seek the
best remedy for their life at that time, for whatever reason that they
need to have an abortion.
I know personally, Madam Speaker, of young women who have been 13
years old and who have become victims of statutory rape, and the best
solution for their lives at that time and for their health is an
abortion because their life is truly in danger. This is the kind of
bill that would prevent them from having that opportunity.
Madam Speaker, I hope that you will accept this motion to recommit,
and I yield back the balance of my time.
Mrs. BLACKBURN. Madam Speaker, I withdraw my point of order, and I
claim the time in opposition to the motion.
The SPEAKER pro tempore. The reservation is withdrawn.
The gentlewoman from Tennessee is recognized for 5 minutes.
Mrs. BLACKBURN. Madam Speaker, we have heard a lot of charges and
accusations that were made by some of my colleagues as they have chosen
to describe the bill before us today, H.R. 7, so I want to be clear
about what the bill before us does do and does accomplish.
This bill follows a longstanding principle, as my colleague said,
going back to 1976, the principle that the American people and Members
from both sides of the aisle in both Chambers of Congress have
supported for decades, and that is taxpayer dollars should not be spent
on abortions and abortion coverage. The vast majority of my colleagues
voted for this exact same principle in countless appropriations bills,
including a bill that we passed out of this Chamber last month. Yet
today, some Members are fighting the widely shared belief that taxpayer
dollars should not be used to take an innocent life.
The bill before us today also provides much-needed transparency
regarding which health plans on the exchange pay for abortions. The
Obama administration promised to provide Congress and the American
people a list of plans in ObamaCare that covered abortion, yet they
refused to live up to that promise. They forced Congress to act. And,
indeed, the GAO has informed us that 1,036 plans include abortion
coverage. There is no excuse--no excuse--to hide information about
abortion coverage from the American people.
[[Page H510]]
Madam Speaker, 68 percent, a vast majority of the American people
believe there should be no taxpayer money used for abortion and
abortion coverage.
HHS has forced Congress to act on this issue. The commonsense
transparency requirement that is in H.R. 7 is needed, and it is
supported by all Members. So that is what this bill is about, following
an established bipartisan principle and providing transparency.
I urge my colleagues, each and every one, to vote to protect life, to
vote to protect taxpayer dollars, and to promote transparency by
rejecting the motion to recommit and supporting the underlying bill. I
urge a ``no'' vote on the recommittal.
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.
Ms. MOORE. Madam Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 9 of rule XX, the Chair
will reduce to 5 minutes the minimum time for any electronic vote on
the question of passage of the bill.
The vote was taken by electronic device, and there were--yeas 177,
nays 240, not voting 16, as follows:
[Roll No. 44]
YEAS--177
Adams
Aguilar
Ashford
Bass
Beatty
Becerra
Bera
Beyer
Bishop (GA)
Blumenauer
Bonamici
Boyle (PA)
Brady (PA)
Brown (FL)
Brownley (CA)
Bustos
Butterfield
Capps
Capuano
Cardenas
Carney
Carson (IN)
Cartwright
Castor (FL)
Castro (TX)
Chu (CA)
Cicilline
Clark (MA)
Clarke (NY)
Clay
Cleaver
Clyburn
Cohen
Connolly
Conyers
Cooper
Costa
Courtney
Crowley
Cuellar
Cummings
Davis (CA)
Davis, Danny
DeFazio
DeGette
Delaney
DeLauro
DelBene
DeSaulnier
Dingell
Doggett
Doyle (PA)
Edwards
Ellison
Engel
Eshoo
Esty
Farr
Fattah
Foster
Frankel (FL)
Fudge
Gabbard
Gallego
Garamendi
Graham
Grayson
Green, Al
Grijalva
Gutierrez
Hahn
Heck (WA)
Higgins
Himes
Honda
Hoyer
Huffman
Israel
Jackson Lee
Jeffries
Johnson (GA)
Johnson, E. B.
Keating
Kelly (IL)
Kennedy
Kildee
Kilmer
Kind
Kirkpatrick
Kuster
Langevin
Larsen (WA)
Larson (CT)
Lawrence
Lee
Levin
Lewis
Lieu (CA)
Lipinski
Loebsack
Lofgren
Lowenthal
Lowey
Lujan Grisham (NM)
Lujan, Ben Ray (NM)
Lynch
Maloney, Carolyn
Matsui
McCollum
McDermott
McGovern
McNerney
Meng
Moore
Moulton
Murphy (FL)
Nadler
Napolitano
Neal
Nolan
Norcross
O'Rourke
Pallone
Pascrell
Payne
Pelosi
Peters
Peterson
Pingree
Pocan
Polis
Price (NC)
Quigley
Rangel
Rice (NY)
Richmond
Roybal-Allard
Ruiz
Ruppersberger
Ryan (OH)
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Schakowsky
Schiff
Schrader
Scott (VA)
Scott, David
Serrano
Sewell (AL)
Sherman
Sinema
Sires
Slaughter
Speier
Swalwell (CA)
Takai
Takano
Thompson (CA)
Thompson (MS)
Titus
Tonko
Torres
Tsongas
Van Hollen
Vargas
Veasey
Vela
Velazquez
Visclosky
Walz
Wasserman Schultz
Waters, Maxine
Watson Coleman
Welch
Wilson (FL)
Yarmuth
NAYS--240
Abraham
Aderholt
Allen
Amash
Amodei
Babin
Barletta
Barr
Barton
Benishek
Bilirakis
Bishop (MI)
Bishop (UT)
Black
Blackburn
Blum
Bost
Boustany
Brady (TX)
Brat
Bridenstine
Brooks (AL)
Brooks (IN)
Buchanan
Buck
Bucshon
Burgess
Byrne
Calvert
Carter (GA)
Chabot
Chaffetz
Clawson (FL)
Coffman
Cole
Collins (GA)
Collins (NY)
Comstock
Conaway
Cook
Costello (PA)
Cramer
Crawford
Crenshaw
Culberson
Curbelo (FL)
Davis, Rodney
Denham
Dent
DeSantis
DesJarlais
Dold
Duffy
Duncan (SC)
Duncan (TN)
Ellmers
Emmer
Farenthold
Fincher
Fitzpatrick
Fleischmann
Fleming
Flores
Fortenberry
Foxx
Franks (AZ)
Frelinghuysen
Garrett
Gibbs
Gibson
Gohmert
Goodlatte
Gosar
Gowdy
Granger
Graves (GA)
Graves (LA)
Graves (MO)
Griffith
Grothman
Guinta
Guthrie
Hanna
Hardy
Harper
Harris
Hartzler
Heck (NV)
Hensarling
Herrera Beutler
Hice (GA)
Hill
Holding
Hudson
Huelskamp
Huizenga (MI)
Hultgren
Hunter
Hurd (TX)
Hurt (VA)
Issa
Jenkins (KS)
Jenkins (WV)
Johnson (OH)
Jolly
Jones
Jordan
Joyce
Kaptur
Katko
Kelly (PA)
King (IA)
King (NY)
Kinzinger (IL)
Kline
Knight
Labrador
LaMalfa
Lamborn
Lance
Latta
LoBiondo
Long
Loudermilk
Love
Lucas
Luetkemeyer
Lummis
MacArthur
Marino
Massie
McCarthy
McCaul
McClintock
McHenry
McKinley
McMorris Rodgers
McSally
Meadows
Meehan
Messer
Mica
Miller (FL)
Miller (MI)
Moolenaar
Mooney (WV)
Mullin
Mulvaney
Murphy (PA)
Neugebauer
Newhouse
Noem
Nugent
Nunes
Olson
Palazzo
Palmer
Paulsen
Pearce
Perry
Pittenger
Pitts
Poe (TX)
Poliquin
Pompeo
Posey
Price (GA)
Ratcliffe
Reed
Reichert
Renacci
Ribble
Rice (SC)
Rigell
Roby
Roe (TN)
Rogers (AL)
Rogers (KY)
Rohrabacher
Rokita
Rooney (FL)
Ros-Lehtinen
Roskam
Ross
Rothfus
Rouzer
Royce
Russell
Ryan (WI)
Salmon
Sanford
Scalise
Schock
Schweikert
Scott, Austin
Sensenbrenner
Sessions
Shimkus
Shuster
Simpson
Smith (MO)
Smith (NE)
Smith (NJ)
Smith (TX)
Stefanik
Stewart
Stivers
Stutzman
Thompson (PA)
Thornberry
Tiberi
Tipton
Trott
Turner
Upton
Valadao
Wagner
Walberg
Walden
Walker
Walorski
Walters, Mimi
Weber (TX)
Webster (FL)
Wenstrup
Westerman
Westmoreland
Whitfield
Williams
Wilson (SC)
Wittman
Womack
Woodall
Yoder
Yoho
Young (AK)
Young (IA)
Young (IN)
Zeldin
Zinke
NOT VOTING--16
Carter (TX)
Deutch
Diaz-Balart
Duckworth
Forbes
Green, Gene
Hastings
Hinojosa
Johnson, Sam
Maloney, Sean
Marchant
Meeks
Nunnelee
Perlmutter
Rush
Smith (WA)
{time} 1307
Mrs. COMSTOCK, Ms. GRANGER, and Mr. GARRETT changed their vote from
``yea'' to ``nay.''
Messrs. FARR, KIND, BECERRA, and Mrs. CAPPS 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. GENE GREEN of Texas. Madam Speaker, on rollcall No. 44, had I
been present, I would have voted ``yes.''
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
Ms. DeGETTE. 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 242,
noes 179, not voting 12, as follows:
[Roll No. 45]
AYES--242
Abraham
Aderholt
Allen
Amash
Amodei
Babin
Barletta
Barr
Barton
Benishek
Bilirakis
Bishop (MI)
Bishop (UT)
Black
Blackburn
Blum
Bost
Boustany
Brady (TX)
Brat
Bridenstine
Brooks (AL)
Brooks (IN)
Buchanan
Buck
Bucshon
Burgess
Byrne
Calvert
Carter (GA)
Chabot
Chaffetz
Clawson (FL)
Coffman
Cole
Collins (GA)
Collins (NY)
Comstock
Conaway
Cook
Costello (PA)
Cramer
Crawford
Crenshaw
Cuellar
Culberson
Curbelo (FL)
Davis, Rodney
Denham
Dent
DeSantis
DesJarlais
Diaz-Balart
Dold
Duffy
Duncan (SC)
Duncan (TN)
Ellmers
Emmer
Farenthold
Fincher
Fitzpatrick
Fleischmann
Fleming
Flores
Fortenberry
Foxx
Franks (AZ)
Frelinghuysen
Garrett
Gibbs
Gibson
Gohmert
Goodlatte
Gosar
Gowdy
Granger
Graves (GA)
Graves (LA)
Graves (MO)
Griffith
Grothman
Guinta
Guthrie
Hardy
Harper
Harris
Hartzler
Heck (NV)
Hensarling
Herrera Beutler
Hice (GA)
Hill
Holding
Hudson
Huelskamp
Huizenga (MI)
Hultgren
Hunter
Hurd (TX)
Hurt (VA)
Issa
Jenkins (KS)
Jenkins (WV)
Johnson (OH)
Jolly
Jones
Jordan
Joyce
Katko
Kelly (PA)
King (IA)
King (NY)
Kinzinger (IL)
Kline
Knight
Labrador
LaMalfa
Lamborn
Lance
Latta
Lipinski
LoBiondo
Long
Loudermilk
Love
Lucas
Luetkemeyer
Lummis
MacArthur
Marino
Massie
McCarthy
McCaul
McClintock
McHenry
McKinley
McMorris Rodgers
McSally
Meadows
[[Page H511]]
Meehan
Messer
Mica
Miller (FL)
Miller (MI)
Moolenaar
Mooney (WV)
Mullin
Mulvaney
Murphy (PA)
Neugebauer
Newhouse
Noem
Nugent
Nunes
Olson
Palazzo
Palmer
Paulsen
Pearce
Perry
Peterson
Pittenger
Pitts
Poe (TX)
Poliquin
Pompeo
Posey
Price (GA)
Ratcliffe
Reed
Reichert
Renacci
Ribble
Rice (SC)
Rigell
Roby
Roe (TN)
Rogers (AL)
Rogers (KY)
Rohrabacher
Rokita
Rooney (FL)
Ros-Lehtinen
Roskam
Ross
Rothfus
Rouzer
Royce
Russell
Ryan (WI)
Salmon
Sanford
Scalise
Schock
Schweikert
Scott, Austin
Sensenbrenner
Sessions
Shimkus
Shuster
Simpson
Smith (MO)
Smith (NE)
Smith (NJ)
Smith (TX)
Stefanik
Stewart
Stivers
Stutzman
Thompson (PA)
Thornberry
Tiberi
Tipton
Trott
Turner
Upton
Valadao
Wagner
Walberg
Walden
Walker
Walorski
Walters, Mimi
Weber (TX)
Webster (FL)
Wenstrup
Westerman
Westmoreland
Whitfield
Williams
Wilson (SC)
Wittman
Womack
Woodall
Yoder
Yoho
Young (AK)
Young (IA)
Young (IN)
Zeldin
Zinke
NOES--179
Adams
Aguilar
Ashford
Bass
Beatty
Becerra
Bera
Beyer
Bishop (GA)
Blumenauer
Bonamici
Boyle (PA)
Brady (PA)
Brown (FL)
Brownley (CA)
Bustos
Butterfield
Capps
Capuano
Cardenas
Carney
Carson (IN)
Cartwright
Castor (FL)
Castro (TX)
Chu (CA)
Cicilline
Clark (MA)
Clarke (NY)
Clay
Cleaver
Clyburn
Cohen
Connolly
Conyers
Cooper
Costa
Courtney
Crowley
Cummings
Davis (CA)
Davis, Danny
DeFazio
DeGette
Delaney
DeLauro
DelBene
DeSaulnier
Dingell
Doggett
Doyle (PA)
Edwards
Ellison
Engel
Eshoo
Esty
Farr
Fattah
Foster
Frankel (FL)
Fudge
Gabbard
Gallego
Garamendi
Graham
Grayson
Green, Al
Grijalva
Gutierrez
Hahn
Hanna
Heck (WA)
Higgins
Himes
Honda
Hoyer
Huffman
Israel
Jackson Lee
Jeffries
Johnson (GA)
Johnson, E. B.
Kaptur
Keating
Kelly (IL)
Kennedy
Kildee
Kilmer
Kind
Kirkpatrick
Kuster
Langevin
Larsen (WA)
Larson (CT)
Lawrence
Lee
Levin
Lewis
Lieu (CA)
Loebsack
Lofgren
Lowenthal
Lowey
Lujan Grisham (NM)
Lujan, Ben Ray (NM)
Lynch
Maloney, Carolyn
Maloney, Sean
Matsui
McCollum
McDermott
McGovern
McNerney
Meeks
Meng
Moore
Moulton
Murphy (FL)
Nadler
Napolitano
Neal
Nolan
Norcross
O'Rourke
Pallone
Pascrell
Payne
Pelosi
Peters
Pingree
Pocan
Polis
Price (NC)
Quigley
Rangel
Rice (NY)
Richmond
Roybal-Allard
Ruiz
Ruppersberger
Rush
Ryan (OH)
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Schakowsky
Schiff
Schrader
Scott (VA)
Scott, David
Serrano
Sewell (AL)
Sherman
Sinema
Sires
Slaughter
Smith (WA)
Speier
Swalwell (CA)
Takai
Takano
Thompson (CA)
Titus
Tonko
Torres
Tsongas
Van Hollen
Vargas
Veasey
Vela
Velazquez
Visclosky
Walz
Wasserman Schultz
Waters, Maxine
Watson Coleman
Welch
Wilson (FL)
Yarmuth
NOT VOTING--12
Carter (TX)
Deutch
Duckworth
Forbes
Green, Gene
Hastings
Hinojosa
Johnson, Sam
Marchant
Nunnelee
Perlmutter
Thompson (MS)
{time} 1315
Mr. KATKO changed his vote from ``no'' to ``aye.''
So the bill was passed.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
Stated for:
Mr. SAM JOHNSON of Texas. Madam Speaker, on rollcall No. 45, I
regrettably missed the vote, but I fully support this crucial
legislation to protect the unborn. Had I been present, I would have
voted ``aye.''
Stated against:
Mr. GENE GREEN of Texas. Madam Speaker, on rollcall No. 45, had I
been present, I would have voted ``no.''
Mr. PERLMUTTER. Madam Speaker, on Thursday, January 22, 2015 I was
not present to vote on H.R. 7, legislation intruding on women's
reproductive freedom and access to health care. I wish the record to
reflect my intentions had I been present to vote. Had I been present
for roll call No. 45, I would have voted ``no.''
____________________