[Congressional Record (Bound Edition), Volume 154 (2008), Part 3]
[House]
[Pages 3297-3303]
[From the U.S. Government Publishing Office, www.gpo.gov]




    PAUL WELLSTONE MENTAL HEALTH AND ADDICTION EQUITY ACT OF 2007--
                               Continued


          Motion to Recommit Offered by Mr. Kline of Minnesota

  Mr. KLINE of Minnesota. Mr. Speaker, I offer a motion to recommit.
  The SPEAKER pro tempore. Is the gentleman opposed to the bill?
  Mr. KLINE of Minnesota. In its current form I am.
  The SPEAKER pro tempore. The Clerk will report the motion to 
recommit.
  The Clerk read as follows:

        Mr. Kline of Minnesota moves to recommit the bill, H.R. 
     1424, to the Committee on Energy and Commerce with 
     instructions to report the same back to the House forthwith 
     with the following amendment:
        Strike all after the enacting clause and insert the 
     following:

     SEC. 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Mental 
     Health Parity Act of 2008''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Mental health parity.
Sec. 3. Effective date.
Sec. 4. Federal administrative responsibilities.
Sec. 5. Asset verification through access to information held by 
              financial institutions.

     SEC. 2. MENTAL HEALTH PARITY.

       (a) Amendments of ERISA.--Subpart B of part 7 of title I of 
     the Employee Retirement Income Security Act of 1974 is 
     amended by inserting after section 712 (29 U.S.C. 1185a) the 
     following:

     ``SEC. 712A. MENTAL HEALTH PARITY.

       ``(a) In General.--In the case of a group health plan (or 
     health insurance coverage offered in connection with such a 
     plan) that

[[Page 3298]]

     provides both medical and surgical benefits and mental health 
     benefits, such plan or coverage shall ensure that--
       ``(1) the financial requirements applicable to such mental 
     health benefits are no more restrictive than the financial 
     requirements applied to substantially all medical and 
     surgical benefits covered by the plan (or coverage), 
     including deductibles, copayments, coinsurance, out-of-pocket 
     expenses, and annual and lifetime limits, except that the 
     plan (or coverage) may not establish separate cost sharing 
     requirements that are applicable only with respect to mental 
     health benefits; and
       ``(2) the treatment limitations applicable to such mental 
     health benefits are no more restrictive than the treatment 
     limitations applied to substantially all medical and surgical 
     benefits covered by the plan (or coverage), including limits 
     on the frequency of treatment, number of visits, days of 
     coverage, or other similar limits on the scope or duration of 
     treatment.
       ``(b) Clarifications.--In the case of a group health plan 
     (or health insurance coverage offered in connection with such 
     a plan) that provides both medical and surgical benefits and 
     mental health benefits, and complies with the requirements of 
     subsection (a), such plan or coverage shall not be prohibited 
     from--
       ``(1) negotiating separate reimbursement or provider 
     payment rates and service delivery systems for different 
     benefits consistent with subsection (a);
       ``(2) managing the provision of mental health benefits in 
     order to provide medically necessary services for covered 
     benefits, including through the use of any utilization 
     review, authorization or management practices, the 
     application of medical necessity and appropriateness criteria 
     applicable to behavioral health, and the contracting with and 
     use of a network of providers; and
       ``(3) applying the provisions of this section in a manner 
     that takes into consideration similar treatment settings or 
     similar treatments.
       ``(c) In- and Out-of-Network.--In the case of a group 
     health plan (or health insurance coverage offered in 
     connection with such a plan) that provides both medical and 
     surgical benefits and mental health benefits, and that 
     provides such benefits on both an in- and out-of-network 
     basis pursuant to the terms of the plan (or coverage), such 
     plan (or coverage) shall ensure that the requirements of this 
     section are applied to both in- and out-of-network services 
     by comparing in-network medical and surgical benefits to in-
     network mental health benefits and out-of-network medical and 
     surgical benefits to out-of-network mental health benefits.
       ``(d) Small Employer Exemption.--
       ``(1) In general.--Except as provided in paragraph (2), 
     this section shall not apply to any group health plan (or 
     group health insurance coverage offered in connection with a 
     group health plan) for any plan year of any employer who 
     employed an average of at least 2 (or 1 in the case of an 
     employer residing in a State that permits small groups to 
     include a single individual) but not more than 50 employees 
     on business days during the preceding calendar year.
       ``(2) No preemption of certain state laws.--Nothing in 
     paragraph (1) shall be construed to preempt any State 
     insurance law relating to employers in the State who employed 
     an average of at least 2 (or 1 in the case of an employer 
     residing in a State that permits small groups to include a 
     single individual) but not more than 50 employees on business 
     days during the preceding calendar year.
       ``(3) Application of certain rules in determination of 
     employer size.--For purposes of this subsection:
       ``(A) Application of aggregation rule for employers.--Rules 
     similar to the rules under subsections (b), (c), (m), and (o) 
     of section 414 of the Internal Revenue Code of 1986 shall 
     apply for purposes of treating persons as a single employer.
       ``(B) Employers not in existence in preceding year.--In the 
     case of an employer which was not in existence throughout the 
     preceding calendar year, the determination of whether such 
     employer is a small employer shall be based on the average 
     number of employees that it is reasonably expected such 
     employer will employ on business days in the current calendar 
     year.
       ``(C) Predecessors.--Any reference in this paragraph to an 
     employer shall include a reference to any predecessor of such 
     employer.
       ``(e) Cost Exemption.--
       ``(1) In general.--With respect to a group health plan (or 
     health insurance coverage offered in connections with such a 
     plan), if the application of this section to such plan (or 
     coverage) results in an increase for the plan year involved 
     of the actual total costs of coverage with respect to medical 
     and surgical benefits and mental health benefits under the 
     plan (as determined and certified under paragraph (3)) by an 
     amount that exceeds the applicable percentage described in 
     paragraph (2) of the actual total plan costs, the provisions 
     of this section shall not apply to such plan (or coverage) 
     during the following plan year, and such exemption shall 
     apply to the plan (or coverage) for 1 plan year. An employer 
     may elect to continue to apply mental health parity pursuant 
     to this section with respect to the group health plan (or 
     coverage) involved regardless of any increase in total costs.
       ``(2) Applicable percentage.--With respect to a plan (or 
     coverage), the applicable percentage described in this 
     paragraph shall be--
       ``(A) 2 percent in the case of the first plan year in which 
     this section is applied; and
       ``(B) 1 percent in the case of each subsequent plan year.
       ``(3) Determinations by actuaries.--Determinations as to 
     increases in actual costs under a plan (or coverage) for 
     purposes of this section shall be made and certified by a 
     qualified and licensed actuary who is a member in good 
     standing of the American Academy of Actuaries. All such 
     determinations shall be in a written report prepared by the 
     actuary. The report, and all underlying documentation relied 
     upon by the actuary, shall be maintained by the group health 
     plan or health insurance issuer for a period of 6 years 
     following the notification made under paragraph (6).
       ``(4) 6-month determinations.--If a group health plan (or a 
     health insurance issuer offering coverage in connection with 
     a group health plan) seeks an exemption under this 
     subsection, determinations under paragraph (1) shall be made 
     after such plan (or coverage) has complied with this section 
     for the first 6 months of the plan year involved.
       ``(5) Notification.--An election to modify coverage of 
     mental health benefits as permitted under this subsection 
     shall be treated as a material modification in the terms of 
     the plan as described in section 102(a) and shall be subject 
     to the applicable notice requirements under section 
     104(b)(1).
       ``(6) Notification to appropriate agency.--
       ``(A) In general.--A group health plan (or a health 
     insurance issuer offering coverage in connection with a group 
     health plan) that, based upon a certification described under 
     paragraph (3), qualifies for an exemption under this 
     subsection, and elects to implement the exemption, shall 
     notify the Department of Labor or the Department of Health 
     and Human Services, as appropriate, of such election.
       ``(B) Requirement.--A notification under subparagraph (A) 
     shall include--
       ``(i) a description of the number of covered lives under 
     the plan (or coverage) involved at the time of the 
     notification, and as applicable, at the time of any prior 
     election of the cost-exemption under this subsection by such 
     plan (or coverage);
       ``(ii) for both the plan year upon which a cost exemption 
     is sought and the year prior, a description of the actual 
     total costs of coverage with respect to medical and surgical 
     benefits and mental health benefits under the plan; and
       ``(iii) for both the plan year upon which a cost exemption 
     is sought and the year prior, the actual total costs of 
     coverage with respect to mental health benefits under the 
     plan.
       ``(C) Confidentiality.--A notification under subparagraph 
     (A) shall be confidential. The Department of Labor and the 
     Department of Health and Human Services shall make available, 
     upon request and on not more than an annual basis, an 
     anonymous itemization of such notifications, that includes--
       ``(i) a breakdown of States by the size and type of 
     employers submitting such notification; and
       ``(ii) a summary of the data received under subparagraph 
     (B).
       ``(7) Audits by appropriate agencies.--To determine 
     compliance with this subsection, the Department of Labor and 
     the Department of Health and Human Services, as appropriate, 
     may audit the books and records of a group health plan or 
     health insurance issuer relating to an exemption, including 
     any actuarial reports prepared pursuant to paragraph (3), 
     during the 6 year period following the notification of such 
     exemption under paragraph (6). A State agency receiving a 
     notification under paragraph (6) may also conduct such an 
     audit with respect to an exemption covered by such 
     notification.
       ``(f) Mental Health Benefits.--In this section, the term 
     `mental health benefits' means benefits with respect to 
     mental health services (including substance use disorder 
     treatment) as defined under the terms of the group health 
     plan or coverage, and when applicable as may be defined under 
     State law when applicable to health insurance coverage 
     offered in connection with a group health plan.
       ``(g) Abortion Clarification.--Nothing in this section 
     shall require a group health plan (or health insurance 
     coverage offered in connection with such a plan) to cover 
     abortion as a treatment.''.
       (b) Public Health Service Act.--Subpart 2 of part A of 
     title XXVII of the Public Health Service Act is amended by 
     inserting after section 2705 (42 U.S.C. 300gg-5) the 
     following:

     ``SEC. 2705A. MENTAL HEALTH PARITY.

       ``(a) In General.--In the case of a group health plan (or 
     health insurance coverage offered in connection with such a 
     plan) that provides both medical and surgical benefits and 
     mental health benefits, such plan or coverage shall ensure 
     that--
       ``(1) the financial requirements applicable to such mental 
     health benefits are no more

[[Page 3299]]

     restrictive than the financial requirements applied to 
     substantially all medical and surgical benefits covered by 
     the plan (or coverage), including deductibles, copayments, 
     coinsurance, out-of-pocket expenses, and annual and lifetime 
     limits, except that the plan (or coverage) may not establish 
     separate cost sharing requirements that are applicable only 
     with respect to mental health benefits; and
       ``(2) the treatment limitations applicable to such mental 
     health benefits are no more restrictive than the treatment 
     limitations applied to substantially all medical and surgical 
     benefits covered by the plan (or coverage), including limits 
     on the frequency of treatment, number of visits, days of 
     coverage, or other similar limits on the scope or duration of 
     treatment.
       ``(b) Clarifications.--In the case of a group health plan 
     (or health insurance coverage offered in connection with such 
     a plan) that provides both medical and surgical benefits and 
     mental health benefits, and complies with the requirements of 
     subsection (a), such plan or coverage shall not be prohibited 
     from--
       ``(1) negotiating separate reimbursement or provider 
     payment rates and service delivery systems for different 
     benefits consistent with subsection (a);
       ``(2) managing the provision of mental health benefits in 
     order to provide medically necessary services for covered 
     benefits, including through the use of any utilization 
     review, authorization or management practices, the 
     application of medical necessity and appropriateness criteria 
     applicable to behavioral health, and the contracting with and 
     use of a network of providers; and
       ``(3) applying the provisions of this section in a manner 
     that takes into consideration similar treatment settings or 
     similar treatments.
       ``(c) In- and Out-of-Network.--In the case of a group 
     health plan (or health insurance coverage offered in 
     connection with such a plan) that provides both medical and 
     surgical benefits and mental health benefits, and that 
     provides such benefits on both an in- and out-of-network 
     basis pursuant to the terms of the plan (or coverage), such 
     plan (or coverage) shall ensure that the requirements of this 
     section are applied to both in- and out-of-network services 
     by comparing in-network medical and surgical benefits to in-
     network mental health benefits and out-of-network medical and 
     surgical benefits to out-of-network mental health benefits.
       ``(d) Small Employer Exemption.--
       ``(1) In general.--Except as provided in paragraph (2), 
     this section shall not apply to any group health plan (or 
     group health insurance coverage offered in connection with a 
     group health plan) for any plan year of any employer who 
     employed an average of at least 2 (or 1 in the case of an 
     employer residing in a State that permits small groups to 
     include a single individual) but not more than 50 employees 
     on business days during the preceding calendar year.
       ``(2) No preemption of certain state laws.--Nothing in 
     paragraph (1) shall be construed to preempt any State 
     insurance law relating to employers in the State who employed 
     an average of at least 2 (or 1 in the case of an employer 
     residing in a State that permits small groups to include a 
     single individual) but not more than 50 employees on business 
     days during the preceding calendar year.
       ``(3) Application of certain rules in determination of 
     employer size.--For purposes of this subsection:
       ``(A) Application of aggregation rule for employers.--Rules 
     similar to the rules under subsections (b), (c), (m), and (o) 
     of section 414 of the Internal Revenue Code of 1986 shall 
     apply for purposes of treating persons as a single employer.
       ``(B) Employers not in existence in preceding year.--In the 
     case of an employer which was not in existence throughout the 
     preceding calendar year, the determination of whether such 
     employer is a small employer shall be based on the average 
     number of employees that it is reasonably expected such 
     employer will employ on business days in the current calendar 
     year.
       ``(C) Predecessors.--Any reference in this paragraph to an 
     employer shall include a reference to any predecessor of such 
     employer.
       ``(e) Cost Exemption.--
       ``(1) In general.--With respect to a group health plan (or 
     health insurance coverage offered in connection with such a 
     plan), if the application of this section to such plan (or 
     coverage) results in an increase for the plan year involved 
     of the actual total costs of coverage with respect to medical 
     and surgical benefits and mental health benefits under the 
     plan (as determined and certified under paragraph (3)) by an 
     amount that exceeds the applicable percentage described in 
     paragraph (2) of the actual total plan costs, the provisions 
     of this section shall not apply to such plan (or coverage) 
     during the following plan year, and such exemption shall 
     apply to the plan (or coverage) for 1 plan year. An employer 
     may elect to continue to apply mental health parity pursuant 
     to this section with respect to the group health plan (or 
     coverage) involved regardless of any increase in total costs.
       ``(2) Applicable percentage.--With respect to a plan (or 
     coverage), the applicable percentage described in this 
     paragraph shall be--
       ``(A) 2 percent in the case of the first plan year in which 
     this section is applied; and
       ``(B) 1 percent in the case of each subsequent plan year.
       ``(3) Determinations by actuaries.--Determinations as to 
     increases in actual costs under a plan (or coverage) for 
     purposes of this section shall be made and certified by a 
     qualified and licensed actuary who is a member in good 
     standing of the American Academy of Actuaries. All such 
     determinations shall be in a written report prepared by the 
     actuary. The report, and all underlying documentation relied 
     upon by the actuary, shall be maintained by the group health 
     plan or health insurance issuer for a period of 6 years 
     following the notification made under paragraph (6).
       ``(4) 6-month determinations.--If a group health plan (or a 
     health insurance issuer offering coverage in connection with 
     a group health plan) seeks an exemption under this 
     subsection, determinations under paragraph (1) shall be made 
     after such plan (or coverage) has complied with this section 
     for the first 6 months of the plan year involved.
       ``(5) Notification.--An election to modify coverage of 
     mental health benefits as permitted under this subsection 
     shall be treated as a material modification in the terms of 
     the plan as described in section 102(a) of the Employee 
     Retirement Income Security Act of 1974 and shall be subject 
     to the applicable notice requirements under section 104(b)(1) 
     of such Act.
       ``(6) Notification to appropriate agency.--
       ``(A) In general.--A group health plan (or a health 
     insurance issuer offering coverage in connection with a group 
     health plan) that, based upon a certification described under 
     paragraph (3), qualifies for an exemption under this 
     subsection, and elects to implement the exemption, shall 
     notify the Department of Labor or the Department of Health 
     and Human Services, as appropriate, of such election. A 
     health insurance issuer providing health insurance coverage 
     in connection with a group health plan shall provide a copy 
     of such notice to the State insurance department or other 
     State agency responsible for regulating the terms of such 
     coverage.
       ``(B) Requirement.--A notification under subparagraph (A) 
     shall include--
       ``(i) a description of the number of covered lives under 
     the plan (or coverage) involved at the time of the 
     notification, and as applicable, at the time of any prior 
     election of the cost-exemption under this subsection by such 
     plan (or coverage);
       ``(ii) for both the plan year upon which a cost exemption 
     is sought and the year prior, a description of the actual 
     total costs of coverage with respect to medical and surgical 
     benefits and mental health benefits under the plan; and
       ``(iii) for both the plan year upon which a cost exemption 
     is sought and the year prior, the actual total costs of 
     coverage with respect to mental health benefits under the 
     plan.
       ``(C) Confidentiality.--A notification under subparagraph 
     (A) shall be confidential. The Department of Labor and the 
     Department of Health and Human Services shall make available, 
     upon request and on not more than an annual basis, an 
     anonymous itemization of such notifications, that includes--
       ``(i) a breakdown of States by the size and type of 
     employers submitting such notification; and
       ``(ii) a summary of the data received under subparagraph 
     (B).
       ``(7) Audits by appropriate agencies.--To determine 
     compliance with this subsection, the Department of Labor and 
     the Department of Health and Human Services, as appropriate, 
     may audit the books and records of a group health plan or 
     health insurance issuer relating to an exemption, including 
     any actuarial reports prepared pursuant to paragraph (3), 
     during the 6 year period following the notification of such 
     exemption under paragraph (6). A State agency receiving a 
     notification under paragraph (6) may also conduct such an 
     audit with respect to an exemption covered by such 
     notification.
       ``(f) Mental Health Benefits.--In this section, the term 
     `mental health benefits' means benefits with respect to 
     mental health services (including substance use disorder 
     treatment) as defined under the terms of the group health 
     plan or coverage, and when applicable as may be defined under 
     State law when applicable to health insurance coverage 
     offered in connection with a group health plan.
       ``(g) Abortion Clarification.--Nothing in this section 
     shall require a group health plan (or health insurance 
     coverage offered in connection with such a plan) to cover 
     abortion as a treatment.''.

     SEC. 3. EFFECTIVE DATE.

       (a) In General.--The provisions of this Act shall apply to 
     group health plans (or health insurance coverage offered in 
     connection with such plans) beginning in the first plan year 
     that begins on or after January 1 of the first calendar year 
     that begins more than 1 year after the date of the enactment 
     of this Act.
       (b) Termination of Certain Provisions.--
       (1) ERISA.--Section 712 of the Employee Retirement Income 
     Security Act of 1974 (29

[[Page 3300]]

     U.S.C. 1185a) is amended by striking subsection (f) and 
     inserting the following:
       ``(f) Sunset--This section shall not apply to benefits for 
     services furnished after the effective date described in 
     section 3(a) of the Mental Health Parity Act of 2008.''.
       (2) PHSA.--Section 2705 of the Public Health Service Act 
     (42 U.S.C. 300gg-5) is amended by striking subsection (f) and 
     inserting the following:
       ``(f) Sunset--This section shall not apply to benefits for 
     services furnished after the effective date described in 
     section 3(a) of the Mental Health Parity Act of 2008.''.

     SEC. 4. FEDERAL ADMINISTRATIVE RESPONSIBILITIES.

       (a) Group Health Plan Ombudsman.--
       (1) Department of labor.--The Secretary of Labor shall 
     designate an individual within the Department of Labor to 
     serve as the group health plan ombudsman for the Department. 
     Such ombudsman shall serve as an initial point of contact to 
     permit individuals to obtain information and provide 
     assistance concerning coverage of mental health services 
     under group health plans in accordance with this Act.
       (2) Department of health and human services.--The Secretary 
     of Health and Human Services shall designate an individual 
     within the Department of Health and Human Services to serve 
     as the group health plan ombudsman for the Department. Such 
     ombudsman shall serve as an initial point of contact to 
     permit individuals to obtain information and provide 
     assistance concerning coverage of mental health services 
     under health insurance coverage issued in connection with 
     group health plans in accordance with this Act.
       (b) Audits.--The Secretary of Labor and the Secretary of 
     Health and Human Services shall each provide for the conduct 
     of random audits of group health plans (and health insurance 
     coverage offered in connection with such plans) to ensure 
     that such plans are in compliance with this Act (and the 
     amendments made by this Act).
       (c) Government Accountability Office Study.--
       (1) Study.--The Comptroller General shall conduct a study 
     that evaluates the effect of the implementation of the 
     amendments made by this Act on the cost of health insurance 
     coverage, access to health insurance coverage (including the 
     availability of in-network providers), the quality of health 
     care, the impact on benefits and coverage for mental health 
     and substance use disorders, the impact of any additional 
     cost or savings to the plan, the impact on out-of-network 
     coverage for mental health benefits (including substance use 
     disorder treatment), the impact on State mental health 
     benefit mandate laws, other impact on the business community 
     and the Federal Government, and other issues as determined 
     appropriate by the Comptroller General.
       (2) Report.--Not later than 2 years after the date of 
     enactment of this Act, the Comptroller General shall prepare 
     and submit to the appropriate committees of Congress a report 
     containing the results of the study conducted under paragraph 
     (1).
       (d) Regulations.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary of Labor and the 
     Secretary of Health and Human Services shall jointly 
     promulgate final regulations to carry out this Act.

     SEC. 5. ASSET VERIFICATION THROUGH ACCESS TO INFORMATION HELD 
                   BY FINANCIAL INSTITUTIONS.

       (a) Addition of Authority.--Title XIX of the Social 
     Security Act is amended by inserting after section 1939 the 
     following new section:


 ``asset verification through access to information held by financial 
                              institutions

       ``Sec. 1940.  (a) In General.--Subject to the provisions of 
     this section, each State shall implement an asset 
     verification program described in subsection (b), for 
     purposes of determining or redetermining the eligibility of 
     an individual for medical assistance under the State plan 
     under this title.
       ``(b) Asset Verification Program.--
       ``(1) In general.--For purposes of this section, an asset 
     verification program means a program described in paragraph 
     (2) under which--
       ``(A) a State requires each applicant for, or recipient of, 
     medical assistance under the State plan under this title to 
     provide authorization by such applicant or recipient (and any 
     other person whose income or resources are material to the 
     determination of the eligibility of the applicant or 
     recipient for such assistance) for the State to obtain 
     (subject to the cost reimbursement requirements of section 
     1115(a) of the Right to Financial Privacy Act) from any 
     financial institution (within the meaning of section 1101(1) 
     of such Act) any financial record (within the meaning of 
     section 1101(2) of such Act) held by the institution with 
     respect to the applicant or recipient (and such other person, 
     as applicable), whenever the State determines the record is 
     needed in connection with a determination with respect to 
     such eligibility for (or the amount or extent of) such 
     medical assistance;
       ``(B) each such applicant or recipient (or other person) 
     shall provide such authorization directly to the financial 
     institution involved as a condition of eligibility for such 
     medical assistance; and
       ``(C) the State uses such authorization to verify the 
     financial resources of such applicant or recipient (and such 
     other person, as applicable), in order to determine or 
     redetermine the eligibility of such applicant or recipient 
     for medical assistance under the State plan.
       ``(2) Program described.--A program described in this 
     paragraph is a program for verifying individual assets in a 
     manner consistent with the approach used by the Commissioner 
     of Social Security under section 1631(e)(1)(B)(ii).
       ``(c) Duration of Authorization.--An authorization provided 
     to a State under subsection (b)(1) shall remain effective 
     until the earliest of--
       ``(1) the rendering of a final adverse decision on the 
     applicant's application for medical assistance under the 
     State's plan under this title;
       ``(2) the cessation of the recipient's eligibility for such 
     medical assistance; or
       ``(3) the express revocation by the applicant or recipient 
     (or such other person described in subsection (b)(1), as 
     applicable) of the authorization, in a written notification 
     to the State.
       ``(d) Required Disclosure.--The State shall inform any 
     person who provides authorization pursuant to subsection 
     (b)(1) of the duration and scope of the authorization.
       ``(e) Refusal or Revocation of Authorization.--If an 
     applicant for, or recipient of, medical assistance under the 
     State plan under this title (or such other person described 
     in subsection (b)(1), as applicable) refuses to provide, or 
     revokes, any authorization made by the applicant or recipient 
     (or such other person, as applicable) under subsection 
     (a)(1)(B) for the State to obtain from any financial 
     institution any financial record, the State may, on that 
     basis, determine that the applicant or recipient is 
     ineligible for medical assistance.
       ``(f) Use of Contractor.--For purposes of implementing an 
     asset verification program under this section, a State may 
     select and enter into a contract with a public or private 
     entity meeting such criteria and qualifications as the State 
     determines appropriate.
       ``(g) Technical Assistance.--The Secretary shall provide 
     States with technical assistance to aid in implementation of 
     an asset verification program under this section.
       ``(h) Reports.--A State implementing an asset verification 
     program under this section shall furnish to the Secretary 
     such reports concerning the program, at such times, in such 
     format, and containing such information as the Secretary 
     determines appropriate.''.
       (b) State Plan Requirements.--Section 1902(a) of the Social 
     Security Act (42 U.S.C. 1396a(a)) is amended--
       (1) in paragraph (69) by striking ``and'' at the end;
       (2) in paragraph (70) by striking the period at the end and 
     inserting ``; and''; and
       (3) by inserting after paragraph (70), as so amended, the 
     following new paragraph:
       ``(71) provide that the State will implement an asset 
     verification program under such section.''.
       (c) Withholding of Federal Matching Payments for 
     Noncompliant States.--Section 1903(i) (42 U.S.C. 1396b(i)) is 
     amended--
       (1) in paragraph (21) by striking ``or'' at the end;
       (2) in paragraph (22) by striking the period at the end and 
     inserting ``; or''; and
       (3) by adding after paragraph (22) the following new 
     paragraph:
       ``(23) if a State is required to implement an asset 
     verification program under section 1940 and fails to comply 
     with the requirements of such section, with respect to 
     amounts expended by such State for medical assistance for 
     individuals subject to asset verification under such 
     section.''.
       (d) Repeal.--Section 4 of Public Law 110-90 is repealed.
       (e) Adjustment to PAQI Fund.--Section 1848(l)(2) of the 
     Social Security Act (42 U.S.C. 1395w-4(l)(2)), as amended by 
     section 101(a)(2) of the Medicare, Medicaid, and SCHIP 
     Extension Act of 2007 (Public Law 110-73), is amended--
       (1) in subparagraph (A)(i)--
       (A) in subclause (III), by striking ``$4,960,000,000'' and 
     inserting ``$4,360,000,000''; and
       (B) by adding at the end the following new subclause:

       ``(IV) For expenditures during 2014, an amount equal to 
     $1,000,000,000.'';

       (2) in subparagraph (A)(ii), by adding at the end the 
     following new subclause:

       ``(IV) 2014.--The amount available for expenditures during 
     2014 shall only be available for an adjustment to the update 
     of the conversion factor under subsection (d) for that 
     year.''; and

       (3) in subparagraph (B)--
       (A) in clause (ii), by striking ``and'' at the end;
       (B) in clause (iii), by striking the period at the end and 
     inserting ``; and''; and
       (C) by adding at the end the following new clause:
       ``(iv) 2014 for payment with respect to physicians' 
     services furnished during 2014.''.

  Mr. KLINE of Minnesota (during the reading). Mr. Speaker, I ask 
unanimous consent to waive the reading of the amendment.

[[Page 3301]]

  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Minnesota?
  There was no objection.
  The SPEAKER pro tempore. The gentleman from Minnesota is recognized 
for 5 minutes.
  Mr. KLINE of Minnesota. Mr. Speaker, I rise today to offer this 
motion to recommit on H.R. 1424 with instructions forthwith, to 
substitute the Kline amendment for the underlying bill.
  Last night the Rules Committee issued its 50th closed rule of this 
Congress and did not allow consideration of the Wilson-Kline-Camp 
substitute amendment. This motion to recommit gives us the opportunity 
to pass a mental health parity bill that has both bipartisan and 
bicameral support, and it does so immediately, allowing the House to 
approve a real mental health parity bill this very night.
  My motion is a viable, commonsense alternative that, contrary to H.R. 
1424, achieves real parity in the treatment of employer-sponsored 
coverage for mental and behavioral illnesses. The motion to recommit 
substitutes H.R. 1424 with the version similar to the mental health 
parity legislation S. 558 that passed the U.S. Senate last year under 
unanimous consent.
  During the markup of H.R. 1424 before the Committee on Education and 
Labor, I offered a version of the compromise Senate bill as an 
amendment, believing that if Congress intends to move forward with 
mental health parity legislation, this compromise language is the most 
sensible alternative and our best chance of enacting legislation on 
this issue this year.
  Unlike H.R. 1424, this motion is a product of over 2 years of 
bipartisan negotiations between mental health advocates, health care 
providers, and business groups representing virtually all sides in this 
debate. The motion accomplishes what it sets out to do. It provides 
parity for mental health and substance abuse benefits. It provides 
parity while preserving the foundation of the ERISA benefit structure, 
protecting the ability of group health plans to medically manage their 
claims and providing plans with the flexibility to determine and 
administer on a voluntary basis the benefits provided to working men 
and women and their families. By steering clear of the benefit mandates 
and litigation traps contained in H.R. 1424, this motion makes it 
possible for employers to continue to provide high-quality affordable 
benefits, and it does so while responsibly offsetting the cost.
  This motion to recommit includes an important provision that will 
save the American taxpayers billions of dollars by reducing the fraud 
in the Medicaid system by requiring all States to implement an 
electronic asset verification program within their Medicaid eligibility 
systems. Many States have balanced budget requirements and thus have 
limited dollars to allocate for the Medicaid programs. These new State-
level Medicaid asset verification systems would ensure that Medicaid 
applicants are not intentionally hiding significant amounts of funds in 
undisclosed bank accounts in order to fraudulently enroll in a State's 
Medicaid program. This is a responsible way to pay for mental health 
parity benefits.
  Finally, this motion to recommit includes language to clarify that 
the bill does not require a group health plan to cover abortion as a 
treatment. For these reasons, I strongly urge my colleagues to support 
this motion to recommit and vote in favor of this commonsense 
alternative.
  I yield to the gentlewoman from New Mexico (Mrs. Wilson).

                              {time}  1930

  Mrs. WILSON of New Mexico. Mr. Speaker, I would ask my colleagues to 
remember only three things about this motion to recommit:
  First, it happens immediately. This is ``forthwith'' so we can do 
this tonight. Don't send it back to committee. We can do it right now.
  Second, it substitutes the Senate bill that is supported by 245 
different organizations, including the National Alliance for the 
Mentally Ill, the American Psychological Association and numerous 
others. It's a bipartisan bill that passed unanimously in the United 
States Senate. It has the parity provisions very similar to the ones 
that Mr. Kennedy and Mr. Ramstad have brought forward, but an important 
policy difference. The Ramstad-Kennedy bill does not require employers 
to cover mental health care. It says, if they do offer it, it must 
include every diagnosis in the DSM-IV manual, everything. No other, 
including the Federal employees health plan, goes that far. I think 
that the likely result of that will be what we all don't want to see, 
which is employers drop mental health coverage completely. That's why 
organizations like the National Alliance on Mental Illness support the 
Senate bill and not the House bill. They want to see an expansion of 
coverage for the mentally ill, not a loss of coverage for 18 million 
seriously ill Americans.
  The third thing that I want you to remember is this: There's been a 
lot of discussion about the pay-for in the bill we're asked to vote on 
here on the floor tonight. This motion to recommit would defeat the 
provision that will close physician-owned hospitals, including a lot of 
them in rural areas of America as a different pay-for that extends a 
successful pilot project for electronic verification of assets for 
Medicaid eligibility.
  So three things. We can do it tonight, it doesn't go back to 
committee. It is better policy which will extend greater coverage for 
those who are mentally ill. And the pay-for doesn't hurt our rural, 
physician-owned hospitals.
  Mr. PALLONE. Mr. Speaker, I rise in opposition to the motion.
  The SPEAKER pro tempore. The gentleman from New Jersey is recognized 
for 5 minutes.
  Mr. PALLONE. Mr. Speaker, I would yield initially to the gentleman 
from Rhode Island (Mr. Langevin).
  Mr. LANGEVIN. I thank the gentleman for yielding.
  Mr. Speaker, I rise in strong support of the Paul Wellstone Mental 
Health and Addiction Equity Act and against this motion to recommit.
  My friends, this is a cynical attempt by the Republican leadership to 
kill a bill that they never liked from the start. Too many people 
worked too hard and for too long on this legislation to let it be 
derailed now.
  274 Members have cosponsored the bill. Three committees have passed 
it. And my two good friends, Patrick Kennedy and Jim Ramstad, have 
worked for years to reach this vote today. I will not let their hard 
work be for nothing.
  Mr. Speaker, I know what it's like to live every day with a 
disability and how important it is to have the care and the resources 
that allow me to live a normal life. See, you can see my disability. 
It's obvious. But with a wheelchair, with adaptive equipment, it really 
levels the playing field. With other support I can live a very 
fulfilling and normal life.
  But, Mr. Speaker, there are millions of people across this country 
who live with a silent disability, a hidden disability, struggling day 
in and day out with substance abuse, mental illness, chemical 
imbalance, other mental illness challenges, and they don't have the 
support that they need, and they struggle day in and day out. They 
don't have the support they need because they don't have mental health 
parity. We have the opportunity to change that and give them the care 
and the support that they need to live a normal life.
  Patrick Kennedy, my good friend, has had the courage to speak for all 
those suffering from the hidden disability of mental illness. He's been 
a champion and a leader, and millions of people across this country are 
looking to him right now and they will be looking at all of us to pass 
this bill and allow them the access and the care and the treatment that 
they deserve. We can't let them down.
  I urge my colleagues to support this bill and reject this cynical 
attempt and specious motion to recommit.
  Mr. PALLONE. Mr. Speaker, I reclaim my time and I want to thank the 
gentleman from Rhode Island for what he said.
  I yield the balance of my time to the gentleman from Michigan (Mr. 
Stupak).

[[Page 3302]]


  Mr. STUPAK. I thank the gentleman for yielding.
  Mr. Speaker, I urge my colleagues, and I ask them to vote ``no'' on 
this motion to recommit.
  The House bill is stronger than the Senate bill. The House bill 
provides stronger parity protections than the Senate bill for the same 
cost. The House bill requires parity in out-of-network benefits. The 
Senate bill does not. Out-of-network care is important where plans 
cover a limited number of providers and there are long waiting lists to 
access the care.
  The House bill requires coverage for all clinically significant 
disorders if the insurer chooses to provide coverage for mental 
illness. The Senate bill lets health plans pick and choose which 
diseases they will cover, so they could deny care for autism, eating 
disorders, alcoholism and more.
  And also, on this motion to recommit, when it comes to protecting 
human life, I stand with my colleagues on both sides of the aisle. But 
this abortion provision in this legislation is a red herring. If this 
abortion provision was a problem, why would my colleagues, our 
colleagues, our friends in the Senate like Senator Coburn, Senator 
Brownback, Senator DeMint vote for it?
  I sit on the Energy and Commerce Committee where this bill came from. 
The abortion issue never was raised.
  Under the House bill, health care plans retain the right to make 
decisions about medical necessity, and nothing in this bill would 
overturn the ability of health care plans to impose a conscience clause 
and not cover certain services due to religious or moral objections. 
This was made part of Federal law in 2005 under the Abortion 
Nondiscrimination Act authored by Congressman Dave Weldon. That is the 
law today. Nothing in this bill would affect the Weldon amendment as we 
know it. Nothing in this bill would affect the ability of a plan to 
prohibit coverage of abortion either on medically necessary grounds or 
on a conscience clause.
  The bill provides for treating mental health services and physical 
services with parity. It doesn't address how plans cover physical, 
i.e., abortion services. The bill addresses the diagnoses plans must 
cover, but does not tell plans what specific benefits they have to 
provide for those diagnoses.
  The SPEAKER pro tempore. All time has expired.
  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.


                             Recorded Vote

  Mr. KLINE of Minnesota. Mr. Speaker, I demand a recorded vote.
  A recorded vote was ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 and clause 9 of rule 
XX, this 15-minute vote on the motion to recommit will be followed by 
5-minute votes on passage of the bill, if ordered, and suspending the 
rules with regard to H.R. 5400.
  The vote was taken by electronic device, and there were--ayes 196, 
noes 221, not voting 11, as follows:

                             [Roll No. 100]

                               AYES--196

     Aderholt
     Akin
     Alexander
     Altmire
     Bachmann
     Bachus
     Barrett (SC)
     Bartlett (MD)
     Barton (TX)
     Biggert
     Bilbray
     Bilirakis
     Bishop (UT)
     Blackburn
     Blunt
     Bonner
     Boozman
     Boren
     Boustany
     Brady (TX)
     Broun (GA)
     Brown (SC)
     Buchanan
     Burgess
     Burton (IN)
     Buyer
     Calvert
     Camp (MI)
     Campbell (CA)
     Cannon
     Cantor
     Capito
     Carter
     Chabot
     Coble
     Cole (OK)
     Conaway
     Crenshaw
     Cubin
     Cuellar
     Culberson
     Davis (KY)
     Davis, David
     Davis, Lincoln
     Deal (GA)
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Donnelly
     Doolittle
     Drake
     Dreier
     Duncan
     Ehlers
     Ellsworth
     Emerson
     English (PA)
     Everett
     Fallin
     Feeney
     Ferguson
     Flake
     Forbes
     Fortenberry
     Fossella
     Foxx
     Franks (AZ)
     Gallegly
     Garrett (NJ)
     Gerlach
     Gingrey
     Gohmert
     Goode
     Goodlatte
     Granger
     Graves
     Green, Gene
     Hall (TX)
     Hastings (WA)
     Hayes
     Heller
     Hensarling
     Herger
     Hinojosa
     Hobson
     Hoekstra
     Hulshof
     Hunter
     Inglis (SC)
     Issa
     Johnson (IL)
     Johnson, Sam
     Jones (NC)
     Jordan
     King (IA)
     King (NY)
     Kingston
     Kline (MN)
     Knollenberg
     Kuhl (NY)
     Lamborn
     Lampson
     Latham
     LaTourette
     Latta
     Lewis (CA)
     Lewis (KY)
     Linder
     LoBiondo
     Lucas
     Lungren, Daniel E.
     Mack
     Manzullo
     Marchant
     Marshall
     Matheson
     McCarthy (CA)
     McCaul (TX)
     McCotter
     McCrery
     McHenry
     McHugh
     McIntyre
     McKeon
     McMorris Rodgers
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Moran (KS)
     Musgrave
     Myrick
     Neugebauer
     Nunes
     Ortiz
     Paul
     Pearce
     Pence
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Porter
     Price (GA)
     Pryce (OH)
     Putnam
     Radanovich
     Regula
     Rehberg
     Reichert
     Reyes
     Reynolds
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Roskam
     Royce
     Ryan (WI)
     Sali
     Saxton
     Schmidt
     Sensenbrenner
     Sessions
     Shadegg
     Shimkus
     Shuler
     Shuster
     Simpson
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Souder
     Stearns
     Tancredo
     Terry
     Thornberry
     Tiahrt
     Tiberi
     Turner
     Upton
     Walberg
     Walden (OR)
     Walsh (NY)
     Wamp
     Weldon (FL)
     Weller
     Westmoreland
     Whitfield (KY)
     Wilson (NM)
     Wilson (SC)
     Wittman (VA)
     Wolf
     Young (AK)
     Young (FL)

                               NOES--221

     Abercrombie
     Ackerman
     Allen
     Andrews
     Arcuri
     Baca
     Baird
     Baldwin
     Barrow
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Bono Mack
     Boswell
     Boucher
     Boyd (FL)
     Boyda (KS)
     Brady (PA)
     Braley (IA)
     Brown, Corrine
     Butterfield
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Castle
     Castor
     Chandler
     Clarke
     Clay
     Cleaver
     Clyburn
     Cohen
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Cramer
     Crowley
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (IL)
     Davis, Tom
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dicks
     Dingell
     Doggett
     Doyle
     Edwards
     Ellison
     Emanuel
     Engel
     Eshoo
     Etheridge
     Farr
     Fattah
     Filner
     Frank (MA)
     Frelinghuysen
     Giffords
     Gilchrest
     Gillibrand
     Gordon
     Green, Al
     Grijalva
     Gutierrez
     Hall (NY)
     Hare
     Harman
     Hastings (FL)
     Herseth Sandlin
     Higgins
     Hill
     Hinchey
     Hirono
     Hodes
     Holden
     Holt
     Honda
     Hooley
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Johnson (GA)
     Jones (OH)
     Kagen
     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kilpatrick
     Kind
     Kirk
     Klein (FL)
     Kucinich
     LaHood
     Langevin
     Larsen (WA)
     Larson (CT)
     Lee
     Levin
     Lewis (GA)
     Lipinski
     Loebsack
     Lofgren, Zoe
     Lowey
     Lynch
     Mahoney (FL)
     Maloney (NY)
     Markey
     Matsui
     McCarthy (NY)
     McCollum (MN)
     McDermott
     McGovern
     McNerney
     McNulty
     Meek (FL)
     Meeks (NY)
     Melancon
     Michaud
     Miller (NC)
     Miller, George
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Murphy (CT)
     Murphy, Patrick
     Murphy, Tim
     Murtha
     Nadler
     Napolitano
     Neal (MA)
     Oberstar
     Obey
     Olver
     Pallone
     Pascrell
     Pastor
     Payne
     Perlmutter
     Peterson (MN)
     Platts
     Pomeroy
     Price (NC)
     Rahall
     Ramstad
     Richardson
     Rodriguez
     Ross
     Rothman
     Roybal-Allard
     Ruppersberger
     Ryan (OH)
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schiff
     Schwartz
     Scott (GA)
     Scott (VA)
     Serrano
     Sestak
     Shays
     Shea-Porter
     Sherman
     Sires
     Skelton
     Slaughter
     Smith (WA)
     Snyder
     Solis
     Space
     Spratt
     Stark
     Stupak
     Sullivan
     Sutton
     Tanner
     Tauscher
     Taylor
     Thompson (CA)
     Thompson (MS)
     Tierney
     Towns
     Tsongas
     Udall (CO)
     Udall (NM)
     Van Hollen
     Velazquez
     Visclosky
     Walz (MN)
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch (VT)
     Wexler
     Wilson (OH)
     Wu
     Yarmuth

                             NOT VOTING--11

     Boehner
     Brown-Waite, Ginny
     Gonzalez
     Johnson, E. B.
     Keller
     Poe
     Rangel
     Renzi
     Rush
     Woolsey
     Wynn


                Announcement by the Speaker Pro Tempore

  The SPEAKER pro tempore (during the vote). Members are advised there 
are 2 minutes remaining on the vote.

                              {time}  1956

  Mr. SESTAK changed his vote from ``aye'' to ``no.''
  So the motion was rejected.
  The result of the vote was announced as above recorded.
  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.
  Mr. PALLONE. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.

[[Page 3303]]

  The SPEAKER pro tempore. This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--yeas 268, 
nays 148, not voting 13, as follows:

                             [Roll No. 101]

                               YEAS--268

     Abercrombie
     Ackerman
     Allen
     Altmire
     Andrews
     Arcuri
     Baca
     Baird
     Baldwin
     Barrow
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Biggert
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Bono Mack
     Boren
     Boswell
     Boucher
     Boustany
     Boyd (FL)
     Boyda (KS)
     Brady (PA)
     Braley (IA)
     Brown, Corrine
     Buchanan
     Butterfield
     Capito
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Castle
     Castor
     Chandler
     Clarke
     Clay
     Cleaver
     Clyburn
     Cohen
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Cramer
     Crowley
     Cuellar
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (IL)
     Davis, Lincoln
     Davis, Tom
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Dingell
     Doggett
     Donnelly
     Doyle
     Edwards
     Ellison
     Ellsworth
     Emanuel
     Emerson
     Engel
     English (PA)
     Eshoo
     Etheridge
     Farr
     Fattah
     Ferguson
     Filner
     Fossella
     Frank (MA)
     Frelinghuysen
     Gallegly
     Gerlach
     Giffords
     Gilchrest
     Gillibrand
     Gordon
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hall (NY)
     Hare
     Harman
     Hastings (FL)
     Hayes
     Herseth Sandlin
     Higgins
     Hill
     Hinchey
     Hirono
     Hobson
     Hodes
     Holden
     Holt
     Honda
     Hooley
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Johnson (GA)
     Johnson (IL)
     Jones (OH)
     Kagen
     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kilpatrick
     Kind
     King (NY)
     Kirk
     Klein (FL)
     Knollenberg
     Kucinich
     LaHood
     Langevin
     Larsen (WA)
     Larson (CT)
     LaTourette
     Lee
     Levin
     Lewis (GA)
     Lipinski
     LoBiondo
     Loebsack
     Lofgren, Zoe
     Lowey
     Lynch
     Mahoney (FL)
     Maloney (NY)
     Markey
     Matheson
     Matsui
     McCarthy (NY)
     McCollum (MN)
     McDermott
     McGovern
     McHugh
     McIntyre
     McNerney
     McNulty
     Meek (FL)
     Meeks (NY)
     Melancon
     Michaud
     Miller (MI)
     Miller (NC)
     Miller, George
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Murphy (CT)
     Murphy, Patrick
     Murphy, Tim
     Murtha
     Nadler
     Napolitano
     Neal (MA)
     Oberstar
     Obey
     Olver
     Ortiz
     Pallone
     Pascrell
     Pastor
     Payne
     Pelosi
     Perlmutter
     Peterson (MN)
     Pickering
     Platts
     Pomeroy
     Price (NC)
     Pryce (OH)
     Rahall
     Ramstad
     Regula
     Reyes
     Richardson
     Rodriguez
     Ros-Lehtinen
     Ross
     Rothman
     Roybal-Allard
     Ruppersberger
     Ryan (OH)
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Saxton
     Schakowsky
     Schiff
     Schwartz
     Scott (GA)
     Scott (VA)
     Sensenbrenner
     Serrano
     Sestak
     Shays
     Shea-Porter
     Sherman
     Shuler
     Sires
     Skelton
     Slaughter
     Smith (TX)
     Smith (WA)
     Snyder
     Solis
     Space
     Spratt
     Stark
     Stupak
     Sullivan
     Sutton
     Tanner
     Tauscher
     Taylor
     Thompson (CA)
     Thompson (MS)
     Tiahrt
     Tierney
     Towns
     Tsongas
     Udall (CO)
     Udall (NM)
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Walsh (NY)
     Walz (MN)
     Wamp
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Weller
     Wexler
     Wilson (OH)
     Wu
     Yarmuth
     Young (AK)

                               NAYS--148

     Aderholt
     Akin
     Alexander
     Bachmann
     Bachus
     Barrett (SC)
     Bartlett (MD)
     Barton (TX)
     Bilbray
     Bilirakis
     Bishop (UT)
     Blackburn
     Blunt
     Boehner
     Bonner
     Boozman
     Brady (TX)
     Broun (GA)
     Brown (SC)
     Burgess
     Burton (IN)
     Buyer
     Calvert
     Camp (MI)
     Campbell (CA)
     Cannon
     Cantor
     Carter
     Chabot
     Coble
     Cole (OK)
     Conaway
     Crenshaw
     Cubin
     Culberson
     Davis (KY)
     Davis, David
     Deal (GA)
     Doolittle
     Drake
     Dreier
     Duncan
     Ehlers
     Everett
     Fallin
     Feeney
     Flake
     Forbes
     Fortenberry
     Foxx
     Franks (AZ)
     Garrett (NJ)
     Gingrey
     Gohmert
     Goode
     Goodlatte
     Granger
     Graves
     Hall (TX)
     Hastings (WA)
     Heller
     Hensarling
     Herger
     Hinojosa
     Hoekstra
     Hulshof
     Hunter
     Inglis (SC)
     Issa
     Johnson, Sam
     Jones (NC)
     Jordan
     King (IA)
     Kingston
     Kline (MN)
     Kuhl (NY)
     Lamborn
     Lampson
     Latham
     Latta
     Lewis (CA)
     Lewis (KY)
     Linder
     Lucas
     Lungren, Daniel E.
     Mack
     Manzullo
     Marchant
     Marshall
     McCarthy (CA)
     McCaul (TX)
     McCotter
     McCrery
     McHenry
     McKeon
     McMorris Rodgers
     Mica
     Miller (FL)
     Miller, Gary
     Moran (KS)
     Myrick
     Neugebauer
     Nunes
     Paul
     Pearce
     Pence
     Peterson (PA)
     Petri
     Pitts
     Porter
     Price (GA)
     Putnam
     Radanovich
     Rehberg
     Reichert
     Reynolds
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Roskam
     Royce
     Ryan (WI)
     Sali
     Schmidt
     Sessions
     Shadegg
     Shimkus
     Shuster
     Simpson
     Smith (NE)
     Smith (NJ)
     Souder
     Stearns
     Tancredo
     Terry
     Thornberry
     Tiberi
     Turner
     Walden (OR)
     Weldon (FL)
     Westmoreland
     Whitfield (KY)
     Wilson (NM)
     Wilson (SC)
     Wittman (VA)
     Wolf
     Young (FL)

                             NOT VOTING--13

     Brown-Waite, Ginny
     Gonzalez
     Johnson, E. B.
     Keller
     Musgrave
     Poe
     Rangel
     Renzi
     Rush
     Walberg
     Welch (VT)
     Woolsey
     Wynn


                Announcement by the Speaker Pro Tempore

  The SPEAKER pro tempore (during the vote). Members are advised there 
are 2 minutes remaining on the vote.

                              {time}  2003

  So the bill was passed.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.
  The SPEAKER pro tempore. Pursuant to section 2 of House Resolution 
1014, the text of H.R. 493, as passed by the House, will be appended to 
the engrossment of H.R. 1424.

                          ____________________