[Congressional Record Volume 167, Number 110 (Thursday, June 24, 2021)]
[House]
[Pages H3094-H3097]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
EQUAL ACCESS TO CONTRACEPTION FOR VETERANS ACT
Mr. TAKANO. Madam Speaker, pursuant to House Resolution 486, I call
up the bill (H.R. 239) to amend title 38, United States Code, to
provide for limitations on copayments for contraception furnished by
the Department of Veterans Affairs, and for other purposes, and ask for
its immediate consideration in the House.
The Clerk read the title of the bill.
The SPEAKER pro tempore. Pursuant to House Resolution 486, the bill
is considered read.
The text of the bill is as follows:
H.R. 239
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Equal Access to
Contraception for Veterans Act''.
SEC. 2. LIMITATION ON COPAYMENTS FOR CONTRACEPTION.
Section 1722A(a)(2) of title 38, United States Code, is
amended--
(1) by striking ``to pay'' and all that follows through the
period and inserting ``to pay--''; and
(2) by adding at the end the following new subparagraphs:
``(A) an amount in excess of the cost to the Secretary for
medication described in paragraph (1); or
``(B) an amount for any contraceptive item for which
coverage under health insurance coverage is required without
the imposition of any cost-sharing requirement pursuant to
section 2713(a)(4) of the Public Health Service Act (42
U.S.C. 300gg-13(a)(4)).''.
The SPEAKER pro tempore. The bill shall be debatable for 1 hour
equally divided and controlled by the chair and the ranking minority
member of the Committee on Veterans' Affairs or their respective
designees.
The gentleman from California (Mr. Takano) and the gentleman from
Illinois (Mr. Bost) each will control 30 minutes.
The Chair recognizes the gentleman from California.
General Leave
Mr. TAKANO. Madam Speaker, I ask unanimous consent that all Members
may have 5 legislative days in which to revise and extend their remarks
and to insert extraneous material on H.R. 239.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from California?
There was no objection.
Mr. TAKANO. Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, this is not the first time I speak in favor of
Representative Brownley's bill, H.R. 239, the Equal Access to
Contraception for Veterans Act, but I continue to advocate for this
bill because it is an essential component of supporting the fastest-
growing population of our Nation's heroes, our 2 million women
veterans.
Last week, this bill was defeated on the suspension calendar when the
Family Research Council mobilized efforts with my colleagues in the
Freedom Caucus who suggested that the bill pushes a ``harmful
ideology.'' Distorting this debate into one about abortion, frankly,
does not make any sense at all.
I again remind my colleagues that this legislation passed out of our
committee with the support of Ranking Member Bost and through the House
last Congress with the support of former Ranking Member Dr. Roe. I know
that Dr. Roe is a fierce pro-life advocate, but as an OB/GYN, he
understood the importance of access to contraception.
Let me be clear. This bill brings veterans' contraception coverage on
par with care they received while on Active Duty from the Department of
Defense and coverage required by private health insurance providers to
all women in the United States since 2010--all women except those who
seek care from the VA.
Now, this bill is about healthcare. This bill is about access. This
bill is about equity, especially for our women veterans.
I thank Ranking Member Bost and Minority Leader McCarthy for their
leadership in support of this bipartisan bill.
Simply put, a ``no'' vote today is saying directly to veterans that
they deserve less healthcare than all other Americans. To me, the
choice is easy. Vote ``yes'' on H.R. 239. We cannot permit veterans to
be made second-class citizens.
Madam Speaker, I reserve the balance of my time.
Mr. BOST. Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, I rise today in support of H.R. 239, the Equal Access
to Contraception for Veterans Act. This bill is sponsored by
Congresswoman Julia Brownley. I thank her for introducing it.
The Equal Access to Contraception for Veterans Act passed the House
last year with the support of the Trump administration.
It would eliminate copays for birth control at the VA healthcare
system. In doing so, it would remove a barrier to care for women
veterans. It would bring VA in line with the Department of Defense and
the private sector. It would correct a fundamental unfairness that
means women pay more for birth control at the VA than elsewhere. And it
would not in any way contradict or undermine the prohibition against
abortion and abortion counseling at the VA that already exists in law
and regulation.
Women are the fastest-growing group of servicemembers and veterans.
They are raising their right hands to serve this country in record
numbers. Ensuring they are cared for as veterans is one of my top
priorities as the lead Republican on the VA Committee.
We have made progress in making the VA safer and more welcome to
women, but we still have a long way to go. Women veterans die by
suicide at two times the rate as nonveteran women. Most of the veterans
who die by suicide are not engaged in VA care at the time of their
death. That is why connecting more veterans with the VA is key to
stopping veteran suicide.
{time} 1230
One of the primary ways we can connect more veterans with VA is by
removing barriers that prevent them from seeking the care and benefits
they have earned. This bill will help to do that.
Women seeking birth control in the private sector do not pay copays.
Women seeking birth control on Active Duty do not pay copays.
This bill will make it so women seeking birth control at VA do not
pay copays either. That is all this bill does. Once again, that is all
this bill does.
Why would we want a woman to pay more for birth control as a veteran
than she did while on Active Duty?
Why would we want a woman to pay more for birth control at the VA
than she would in the private sector?
[[Page H3095]]
Is that any way to thank her for serving her country and defending
our freedoms? I don't think so.
Neither does Leader McCarthy, neither did the Trump administration.
Neither do many of my conservative pro-life lawmakers both in this
Congress and last Congress.
To be clear, this bill does not require allowing VA to provide any
additional form of birth control other than those already available at
the VA.
And once again, it does not in any way contradict or undermine the
prohibition against VA providing abortions and/or abortion counseling
to veterans. That is vitally important to me. I know it is for many of
my colleagues, as well.
I have really weighed this out and prayed this out and sought the
language and read the language. My life has been a pro-life life. I am
not changing those positions, and this bill doesn't change that
position either. I have taken the counsel of doctors who are familiar
with the mechanics of birth control that are being afforded here. They
are not abortion.
I am confident that supporting this bill is the right thing to do for
our Nation's veterans. I am confident that it is consistent with pro-
life principles.
Madam Speaker, I hope all of my colleagues join me in voting this
afternoon, and I reserve the balance of my time.
Mr. TAKANO. Madam Speaker, I yield 5 minutes to the gentlewoman from
California (Ms. Brownley), my good friend from my home State, and the
chairwoman of the Subcommittee on Health, and also the author of this
very important piece of legislation.
Ms. BROWNLEY. Madam Speaker, I rise today in support of H.R. 239, the
Equal Access to Contraception for Veterans Act.
Madam Speaker, I thank the chairman and Ranking Member Bost for their
support. This bill is a simple one. It only addresses the disparity
between veterans who must pay for contraception, and civilians and
women currently serving in uniform, who do not have to pay for
contraception.
As the chairwoman of the Women's Veterans Task Force and chair of the
House Veterans' Affairs Subcommittee on Health, I have worked to
identify disparities in healthcare for our women veterans, and where
necessary, introduce, advocate for, and pass legislation that
eliminates those gaps.
Madam Speaker, I was proud to work with my Republican colleagues to
pass the bipartisan Deborah Sampson Act last Congress. This
legislation, which was the most comprehensive bill to address the needs
of women veterans in more than a decade, received overwhelming
bipartisan support. But there are still far too many areas where women
veterans have to pay more for their healthcare than men; and in this
case, they have to pay more than nonveteran women.
These inequities create an environment that perpetuates the notion
that women are not equal to men, and in this case, veteran women are
not even equal to other women. This bill passed through the House last
Congress by voice vote. It also passed out of the VA Committee this
Congress with strong bipartisan support.
It was deeply troubling that misinformation and politics got in the
way of helping our women veterans last week, when the bill failed to
pass under suspension, which is why we are back here again this week.
Let us be clear, this was a direct slap in the face to nearly 2
million women veterans living in the United States. Because of the
Affordable Care Act, women using civilian health insurance may access
basic contraceptive services, like the pill, or an IUD without any
copay. Additionally, Active Duty servicemembers receive contraceptive
care without any copays. So current law is specifically penalizing our
women veterans. As we know, choosing when, or if, to have a family is
essential to women's health and to their economic security.
Madam Speaker, 87 percent of Americans agree that everyone deserves
access to the full range of birth control methods, no matter who they
are, where they live, what their economic status is. The vast majority
of the American people believe veteran women deserve to be recognized
and deserve to be treated with the respect they have earned. The vast
majority of the American people also believe that birth control should
be a basic part of women's healthcare.
I am particularly disappointed that this bipartisan commitment to
supporting our women veterans seems to have hit a roadblock this
Congress. Our veterans, both men and women, have sacrificed so much for
our country. It is past time that we ensure they get the equitable
healthcare they have earned and deserve.
Let us do the right thing today on behalf of our women veterans, for
their equality, for their liberty, for their healthcare, and for their
economic security.
Madam Speaker, I urge my colleagues to vote ``yes'' on H.R. 239.
Mr. BOST. Madam Speaker, I yield 3 minutes to the gentleman from
Montana (Mr. Rosendale).
Mr. ROSENDALE. Madam Speaker, I thank the gentleman from Illinois for
yielding to me.
Madam Speaker, my constituents sent me here to Washington to fight
tooth and nail on behalf of the unborn.
I rise today in strong opposition to H.R. 239, the Equal Access to
Contraception Act for Veterans. This radical piece of legislation would
require taxpayers to subsidize the full cost of all contraception
through the Department of Veterans Affairs, including Plan B and Ella.
Let me be clear, drugs like Plan B and Ella are not contraception,
they are abortifacients. These chemical drugs prevent a newly conceived
embryo, a human embryo, from implanting in the uterus and continuing to
develop as a child. Again, that is not contraception, that is abortion.
Using taxpayer funding for abortions is not only wildly unpopular, it
is immoral. It forces tens of millions of people who have personal or
religious objections to abortion and abortifacient drugs to fund the
termination of life. That must not and should not be the public's
obligation. The true measure of any society can be found in how it
treats its most vulnerable, especially the unborn.
Since the ruling of Roe v. Wade, well over 62 billion abortions have
occurred in the United States. To put it in perspective, that is more
than the amount of worldwide casualties directly caused by World War
II, the most deadly military conflict in the history of the world.
The loss of life on such a tragic, massive scale due to abortion is
heinous. If passed, this legislation will increase abortions committed
in the United States, and that is at the taxpayer's expense. This is
absolutely unacceptable. We must do better as a Nation.
When this bill was considered in committee last month, a majority of
the Republicans voted against it. Last week, we considered this bill
under suspension of the rules, and fortunately, 187 of my Republican
colleagues joined me and stood for life. Due to this strong showing of
opposition, we were able to prevent the two-thirds supermajority needed
to pass this bill under the suspension of the rules, dealing Speaker
Pelosi a significant legislative defeat.
That is why Democrats--and even some Republicans, unfortunately--have
brought this bill back to the floor today under a rule for debate. I
hope the Republicans will be just as unified in opposition of this bill
today. Another strong vote would send a message that the Republican
Party is the party of life.
Our constituents expect us not to compromise in our defense of the
unborn. To support legislation like H.R. 239, which promotes the
killing of the unborn, at taxpayers' expense, is the ultimate betrayal.
Mr. TAKANO. Madam Speaker, I just want to say that extremism in the
defense of nonsense is not conservatism, it is still nonsense.
Madam Speaker, I yield 1 minute to the gentleman from Indiana (Mr.
Mrvan), my good friend, and member of the House Committee on Veterans'
Affairs, and the chairman of the Subcommittee on Technology and
Modernization.
Mr. MRVAN. Madam Speaker, I thank Chairman Takano for yielding me the
time.
Madam Speaker, I rise today to express my support for H.R. 239, the
Equal Access to Contraception for Veterans Act of 2021. I first commend
my colleague on the House Committee on Veterans' Affairs, Congresswoman
[[Page H3096]]
Brownley, for her leadership and perseverance to see that this
critically important legislation is passed by the House.
It is not acceptable that today women veterans do not have access to
the same contraception coverage all Americans currently have available
through the Affordable Care Act or private insurance, and all Active
Duty servicemembers have through the Department of Defense.
Women veterans are the fastest growing group of veterans enrolling in
the Department of Veterans' Affairs healthcare system, and it is time
that our policies for women veterans show them the support, respect,
and fairness that they deserve.
Madam Speaker, I thank my chairman, again, for the time, and I urge
my colleagues to support this legislation.
Mr. BOST. Madam Speaker, I yield 1 minute to the gentlewoman from
Georgia (Mrs. Greene).
Mrs. GREENE of Georgia. Madam Speaker, I would like to just take a
minute to remind everyone that words matter, and their meanings need to
be exactly clear.
Contraception stops a woman from becoming pregnant. The Plan B pill
kills a baby in the womb once a woman is already pregnant. You see, the
Equal Access to Contraception for Veterans Act is not contraception, it
is providing, with taxpayer dollars, the ability for women to have an
abortion. The government should not be paying for abortion. The VA
should not be paying for abortion. The American taxpayer should not be
paying for abortion. So this is why this is very important for all of
us to do what we are called to do and not play a part in killing a baby
in the womb.
Madam Speaker, this is why I am asking all of my colleagues to vote
against the Equal Access to Contraception for Veterans Act. It is time
to defend life in the womb.
Mr. BOST. Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, I thank both Congressman Rosendale and Congresswoman
Greene, and I appreciate their comments on the sanctity of life, and as
freshman Members, their commitment to our Nation's veterans.
Now, I agree with both of their comments on life. I disagree on this
bill. This is a bill that we have discussed many times, and the fact
is, the emergency contraception is available to veterans at VA today
and has been for many, many years.
You mentioned some of the groups who are opposed to this legislation,
and I respect their viewpoints, and most often agree with them. But I
do think it is appropriate to note right now, however, that just a
couple hours ago, the Heritage Action for America clarified their
position on this bill.
Importantly, Heritage Action noted that the emergency contraception
is not--I repeat--is not a chemical abortion drug and cannot be used to
induce abortion. I think it is important for our Members to keep that
in mind today.
And I also think it is important that you understand that many of our
colleagues who are pro-life should not be questioned on this bill
because it has been people who are pro-life that have not only worked
on this bill this session, but last. And it is vitally important that
not only the Members know this, but the American people know it as
well.
Madam Speaker, I reserve the balance of my time.
{time} 1245
Mr. TAKANO. Madam Speaker, I yield 1 minute to the gentlewoman from
Illinois (Ms. Underwood), my good friend and a member of the House
Committee on Veterans' Affairs, and also a very active member of the
Health Subcommittee.
Ms. UNDERWOOD. Madam Speaker, I rise today in strong support of H.R.
239, the Equal Access to Contraception for Veterans Act, led by the
chairwoman of the Veterans' Affairs Subcommittee on Health,
Congresswoman Julia Brownley.
Chairwoman Brownley and I have worked together on this issue for
years. It is about fairness, fairness for the nearly 2 million women
veterans who currently don't have access to the same healthcare as
civilian women.
The Affordable Care Act requires private insurance plans to provide
contraceptive services without copays, but veterans using VA care have
to pay out of pocket for those same services. It is unacceptable that
women who have served our country bear financial burdens that most
other Americans don't have to worry about.
This fix is long overdue. And last week's unconscionable delay by our
Republican colleagues harmed our veterans even more.
Madam Speaker, I urge my colleagues on the other side of the aisle to
put partisanship aside and vote for H.R. 239.
Mr. TAKANO. Madam Speaker, may I inquire as to how much time is
remaining?
The SPEAKER pro tempore. The gentleman from California has 22 minutes
remaining. The gentleman from Illinois has 20 minutes remaining.
Mr. BOST. Madam Speaker, I reserve the balance of my time.
Mr. TAKANO. Madam Speaker, I yield 3 minutes to the gentlewoman from
Florida (Ms. Lois Frankel), my good friend and new member of the House
Committee on Veterans' Affairs, where she also serves on the Health
Subcommittee.
Ms. LOIS FRANKEL of Florida. Madam Speaker, I thank Mr. Takano and
Ms. Brownley for their magnificent leadership advancing the health and
safety of our women veterans.
Madam Speaker, my, my, my, this bill, which passed unanimously last
session, is just mind-boggling that now some Republicans are opposing
it.
Really?
I am going to say this: As a very proud mother of a son of a United
States Marine Corps veteran, I know the risks and sacrifices of our
brave military. So I say without hesitation, after service to our
country is completed, no veteran of the United States Armed Forces
should be forced to pay out-of-pocket expenses for preventative care,
including contraception, that their civilian counterparts do not pay.
Small copays can be prohibitive for veterans struggling to make ends
meet. In fact, studies show that costs associated with contraception,
even when small, lead some people to forego it completely, to choose
less effective methods, or use it inconsistently.
Here is the thing, Madam Speaker; the decision about whether or when
or how to become a parent is one of the most important decisions a
person can make. Our veterans were willing to stand up and take bullets
for our freedom, so we need to stand up for theirs. Let's make it
clear, today we are focused on access to birth control.
The Republican position conflating abortion and contraception is part
of a broader extreme effort to block access to any type of reproductive
healthcare. So let's eliminate the barriers and get the veterans the
healthcare they need.
Madam Speaker, I call on my colleagues to demonstrate their
commitment to the patriotic people who make up our military and veteran
communities by passing this very good bill, Equal Access to
Contraception for Veterans Act.
Mr. BOST. Madam Speaker, I reserve the balance of my time.
Mr. TAKANO. Madam Speaker, I yield 2 minutes to the gentleman from
Texas (Mr. Green), my good friend and a member of the Financial
Services Committee, where he is chairman of the Oversight and
Investigations Subcommittee.
Mr. GREEN of Texas. Madam Speaker, when I arrived here in Congress in
2005, there was a necessary facility, also known as the men's room,
right across diagonally from me outside of this Chamber. There was no
such facility for women. In fact, it was the Parliamentarian's office
to my left, just outside of this facility.
Madam Speaker, it was under the leadership of the Honorable Nancy
Pelosi that we now have equal facilities for men and women just off the
floor of the House. Things change, but they don't change on their own
volition. The arc of the universe, the moral universe, bends because of
the hands of women and men.
Today, we have an opportunity to again treat women with the same
level of dignity and respect who are in the military as we do those who
are without the military, and, to a certain extent, the same way we
were treating men when I arrived in this Congress.
Things change. This is an opportunity to be a part of an historic
change. It may seem small to you, but
[[Page H3097]]
to the people who have to bear the burden of this invidious
discrimination, it is not the same.
The SPEAKER pro tempore. The time of the gentleman has expired.
Mr. TAKANO. Madam Speaker, I yield an additional 30 seconds to the
gentleman from Texas (Mr. Green).
Mr. GREEN of Texas. Madam Speaker, I greatly appreciate it. I shall
be terse and laconic and pithy and concise.
It is time for change to again come to the House of Representatives.
I support this legislation, and I beg that my colleagues would do so.
It is time for change.
Mr. BOST. Madam Speaker, I reserve the balance of my time.
Mr. TAKANO. Madam Speaker, I yield 1 minute to the gentlewoman from
California (Ms. Chu), my good friend and the chair of the Congressional
Asian Pacific American Caucus.
Ms. CHU. Madam Speaker, as the chair of the Pro-Choice Caucus'
Contraception and Family Planning Task Force, I rise in strong support
of Congresswoman Brownley's Equal Access to Contraception for Veterans
Act.
Every day, servicemembers are willing to sacrifice their lives for
our constitutional rights. So we must ensure that those rights are
available to them when they come home, and that includes the right to
contraception.
That is what this bill does, by ensuring that veterans, just like
their civilian neighbors, have access to the contraception that works
best for them, without the burden of copays. And since we know that not
every method of birth control works for every person, this bill
requires the VA to cover all FDA-approved contraception, including
emergency contraception, which is an especially important option in
sexual assault.
Contraception helps people plan for their futures, for their
families, and for themselves. This bill removes unnecessary barriers to
care for our veterans who have already given this Nation so much.
Madam Speaker, I urge my colleagues to vote ``yes'' on this important
legislation.
Mr. BOST. Madam Speaker, I reserve the balance of my time.
Mr. TAKANO. Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, let me just say that this bill by Ms. Brownley is
about providing equal access to contraceptions for our Nation's
veterans. To oppose this bill is to advocate for a situation where
veterans are made second-class citizens.
This bill is about contraception. Nowhere in the bill's text or in
the title does the word ``abortion'' even appear. I would ask my
colleagues who are in opposition to the bill to read the one-page text
very carefully. I think they will see that there is no reference to, in
any way, the word ``abortion.''
Madam Speaker, I would also say, I think it was H.L. Mencken who said
that consistency is often the hobgoblin of little minds.
For those Members who voted against this bill, you know, in fear of
the moment, they can reconsider their vote and, I think, get on the
right side of the issue in terms of equality for our veterans.
Madam Speaker, I yield 1 minute to the gentlewoman from Illinois (Ms.
Schakowsky), my colleague and very good friend, the chairwoman of the
Energy and Commerce Subcommittee on Consumer Protection and Commerce.
Ms. SCHAKOWSKY. Madam Speaker, I thank the chair for his friendship
and for letting me speak.
Madam Speaker, you know, I rise with great enthusiastic support for
the Equal Access to Contraception for Veterans Act.
No veteran of the United States of America should be forced to pay
out of pocket for basic preventative care. You know, this is 2021.
Birth control should not be controversial. Veterans' access to
healthcare should not be controversial.
And I really think, how dare Members on the other side even consider
shutting down this bill on suspension.
Our veterans deserve access to all of the healthcare services that
they need, and that would include every method of birth control.
Really? Are we still arguing this?
The SPEAKER pro tempore. The time of the gentlewoman has expired.
Mr. TAKANO. Madam Speaker, I yield an additional 30 seconds to the
gentlewoman from Illinois (Ms. Schakowsky).
Ms. SCHAKOWSKY. Madam Speaker, I urge all Members to just say--this
is something that is basic right now, we all believe that contraception
should be available. And, you know, it can end up actually being quite
expensive.
And why?
I don't understand. So I think this legislation is long overdue.
Let's pass it today.
Mr. BOST. Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, if I may, I just want to reiterate to my friends and
colleagues that I am pro-life. Many of the people that have supported
this and will support this are pro-life, even groups now that are
saying and mentioning this is contraception. It is contraception. It is
not abortion.
Let me also say that this includes no other drugs or expansion of
drugs that are available. We want to be very, very clear on that. It
does not change the position of VA on abortion in any way, shape, or
form. This is only doing what is right for our veterans and allowing
them the opportunity to receive exactly what someone in the private
sector receives and/or someone on Active Duty receives.
I am hoping that my colleagues will understand this and understand
those of us who support this and why.
Madam Speaker, I yield back the balance of my time.
{time} 1300
Mr. TAKANO. Madam Speaker, I yield myself the balance of my time.
Madam Speaker, I appreciate the honor and courage with which my
counterpart, Ranking Member Bost, has defended and stood up for the
truth. And the truth is, H.R. 239 by Chairwoman Brownley is about
providing equal access to contraception to America's veterans.
A ``no'' vote on this bill--and I will say it again--a ``no'' vote on
this bill is a vote to make our veterans second-class citizens.
Every other American under every other plan in this country, whether
it is in private healthcare, because we passed the Affordable Care Act
and said that every American is entitled to preventative services,
including contraception, since 2010, or Active Duty servicemembers
under the Department of Defense who are able to access contraception
without copays--Ms. Brownley's bill simply makes veterans on equal
footing with all other Americans.
A ``no'' vote on this bill is to make our veterans second-class
citizens, and I say of those who make that vote: Shame on them.
Madam Speaker, I urge all of my colleagues to vote ``yes,'' and I
yield back the balance of my time.
The SPEAKER pro tempore. All time for debate has expired.
Pursuant to House Resolution 486, 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.
The SPEAKER pro tempore. The question is on passage of the bill.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Mr. ROSENDALE. Madam Speaker, on that I demand the yeas and nays.
The SPEAKER pro tempore. Pursuant to section 3(s) of House Resolution
8, the yeas and nays are ordered.
Pursuant to clause 8 of rule XX, further proceedings on this question
are postponed.
____________________