[Congressional Record (Bound Edition), Volume 160 (2014), Part 10]
[House]
[Pages 14509-14512]
[From the U.S. Government Publishing Office, www.gpo.gov]




              EMPLOYEE HEALTH CARE PROTECTION ACT OF 2014

  The SPEAKER pro tempore. Pursuant to clause 1(c) of rule XIX, further

[[Page 14510]]

consideration of H.R. 3522 will now resume.
  The Clerk read the title of the bill.


                           Motion to Recommit

  Ms. BROWNLEY of California. Mr. Speaker, I have a motion to recommit 
at the desk.
  The SPEAKER pro tempore. Is the gentlewoman opposed to the bill?
  Ms. BROWNLEY of California. I am, in its current form.
  The SPEAKER pro tempore. The Clerk will report the motion to 
recommit.
  The Clerk read as follows:

       Ms. BROWNLEY of California moves to recommit the bill H.R. 
     3522 to the Committee on Energy and Commerce with 
     instructions to report the same back to the House forthwith 
     with the following amendment:
       Add at the end of the bill the following new section:

     SEC. 3 PROHIBITING DISCRIMINATION AGAINST WOMEN IN HEALTH 
                   CARE COVERAGE.

       Nothing in this Act shall result in discrimination based on 
     gender, including higher premiums for women or loss of 
     contraception or pregnancy care.

  Mr. CASSIDY (during the reading). Mr. 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 
California is recognized for 5 minutes in support of her motion.
  Ms. BROWNLEY of California. Mr. Speaker, this is the final amendment 
to H.R. 3522, which will not kill the bill or send it back to 
committee. If adopted, the bill will immediately proceed to final 
passage as amended.
  My amendment would ensure that nothing in the underlying act would 
result in health care discrimination against women. It would prevent 
insurance companies from charging small businesses that employ women 
higher premiums, and it would stop insurance companies from selling 
group plans that deny women contraception or critical maternity care 
coverage.
  I hope that we can all agree that women should never have to pay more 
for their health care than men would pay simply because of their 
gender. Being a woman is not and must never be treated as a preexisting 
condition.
  Health care reform has created many new and needed consumer 
protections, which are helping women live healthier lives and build 
stronger families. Health care costs are the number one cause of 
bankruptcy in the United States. Allowing insurance companies to charge 
women more than men would hurt working women struggling to make ends 
meet. It would hurt families raising children who are trying to give 
them the healthy start they deserve.
  Before this unfair practice was banned, the National Women's Law 
Center reported that gender discrimination in premium prices alone cost 
women approximately $1 billion per year more than men. That is $1 
billion that could have prevented many women and their children from 
living in poverty or being homeless.
  That is $1 billion that women and their families could have spent on 
rent. That is $1 billion that women and their families could have spent 
on child care. That is $1 billion that women and their families could 
have used to pay for college. That is $1 billion that women and their 
families could have used to start a business. That is $1 billion that 
could have been better used to strengthen the American economy.
  In a nation where women earn only 77 cents for every dollar that men 
earn, charging women more for health care compounds the financial 
strain on women and their families. Stopping gender-based premium 
discrimination is just one example of health care reform that works, 
and it is a new consumer protection that women and their families 
cannot afford to lose.
  My amendment will ensure that insurers continue to cover critical 
maternity care and contraception coverage. Until recently, many States 
did not require all health care plans to cover maternity care.
  Today, the law requires every new insurance policy to cover maternity 
care. We must ensure that women continue to have access to this 
critical coverage and access to contraception coverage that gives many 
women the economic independence to succeed because when women succeed, 
America succeeds.
  Contraception coverage ensures women can prevent unplanned 
pregnancies and choose the best time to start a family. When surveyed 
by the Guttmacher Institute, 63 percent of women said that access to 
contraception had enabled them to take better care of themselves and 
their families. Over half said they were better able to support 
themselves financially or complete their education.
  Mr. Speaker, the majority of Americans support these policies. A 
Kaiser health poll found that Americans support birth control coverage 
by a 2 to 1 margin and 86 percent of Americans support coverage of 
maternity care.
  A vote for my amendment is a vote to protect women from unfair 
discrimination. It is a vote promising our mothers, our sisters, and 
our daughters that they will be treated fairly and equally.
  These are the values of my constituents in Ventura County, and they 
are the values of the American people.
  I urge my colleagues to vote ``yes'' on the motion to recommit. Vote 
``yes'' for equality for women.
  Mr. Speaker, I yield back the balance of my time.
  Mr. CASSIDY. Mr. Speaker, I withdraw my reservation, and I claim the 
time in opposition to the motion.
  The SPEAKER pro tempore. The reservation is withdrawn.
  The gentleman from Louisiana is recognized for 5 minutes.
  Mr. CASSIDY. Mr. Speaker, this bill empowers female-owned small 
businesses and workers to keep the health care policies they prefer and 
make their own decisions regarding health care.
  Women make 95 percent of the decisions regarding health insurance and 
families across the United States. I don't think we have to be 
patronizing and assume that they cannot make their own decisions.
  In fact, I am asked continually by women who are 50 years and above 
why are they having to pay for maternity benefits. They are just 
flabbergasted by that.
  This is important economically. The Manhattan Institute reports that 
the Affordable Care Act, so-called ironically, has increased insurance 
premiums by 41 percent on average--for women, as much as 62 percent.
  Imagine that woman sitting at home, lying awake at night, wondering 
how she is going to pay her bills, being forced to pay for benefits the 
opposition doesn't think she is smart enough to know that she doesn't 
need and unable to afford her house. That has happened in an instance I 
know of.
  Now, today, the House has the opportunity to help Americans keep the 
health care plan of their choice, and how we vote comes down to two 
questions: First, do you think control over someone's health care plan 
should reside with a Washington politician or bureaucrat? Or do you 
trust that American woman to make the proper decision for herself, for 
her family?
  I will tell you where I stand: I think we should give power to the 
patient, not to a Washington bureaucrat.
  Secondly, do we think that politicians should keep the promises made 
to constituents? Four years ago, supporters of the health care law 
looked Americans in the eye and said, ``If you like your health care 
plan, you can keep it, period.''
  I tell you where I stand. Representatives in the people's House 
should honor their word and uphold the commitment to those who sent us 
here, period.
  Let's protect the health care choices of America's workers. Let's 
hold politicians accountable for the promises they made.
  I urge my colleagues to vote ``no'' on the motion to recommit. Vote 
``yes'' to protect the health care plans of America's middle class. 
Vote ``yes'' to keep the promises made.
  Vote ``no'' on the motion to recommit, and I yield back the balance 
of my time.
  The SPEAKER pro tempore. Without objection, the previous question is 
ordered on the motion to recommit.

[[Page 14511]]

  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. BROWNLEY of California. Mr. Speaker, on that I demand the yeas 
and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 and clause 9 of rule 
XX, this 15-minute vote on the motion to recommit will be followed by 
5-minute votes on passage of the bill, if ordered; and the motions to 
suspend the rules and pass H.R. 5161; H.R. 5057, if ordered; and S. 
276, if ordered.
  The vote was taken by electronic device, and there were--yeas 187, 
nays 223, not voting 21, as follows:

                             [Roll No. 494]

                               YEAS--187

     Barber
     Bass
     Beatty
     Becerra
     Bera (CA)
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Bonamici
     Brady (PA)
     Braley (IA)
     Brown (FL)
     Brownley (CA)
     Bustos
     Butterfield
     Capps
     Capuano
     Cardenas
     Carney
     Carson (IN)
     Cartwright
     Castor (FL)
     Castro (TX)
     Chu
     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
     Deutch
     Doggett
     Doyle
     Duckworth
     Duncan (TN)
     Edwards
     Ellison
     Engel
     Enyart
     Eshoo
     Esty
     Farr
     Fattah
     Foster
     Frankel (FL)
     Fudge
     Gabbard
     Gallego
     Garamendi
     Garcia
     Grayson
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hahn
     Hanabusa
     Hastings (FL)
     Heck (WA)
     Higgins
     Himes
     Holt
     Honda
     Horsford
     Hoyer
     Huffman
     Israel
     Jeffries
     Johnson (GA)
     Johnson, E. B.
     Kaptur
     Keating
     Kelly (IL)
     Kennedy
     Kildee
     Kilmer
     Kind
     Kirkpatrick
     Kuster
     Langevin
     Larsen (WA)
     Larson (CT)
     Lee (CA)
     Levin
     Lewis
     Loebsack
     Lofgren
     Lowenthal
     Lowey
     Lujan Grisham (NM)
     Lujan, Ben Ray (NM)
     Lynch
     Maffei
     Maloney, Carolyn
     Maloney, Sean
     Matheson
     Matsui
     McCarthy (NY)
     McCollum
     McDermott
     McGovern
     McIntyre
     McNerney
     Meeks
     Meng
     Michaud
     Miller, George
     Moore
     Moran
     Murphy (FL)
     Nadler
     Napolitano
     Neal
     Nolan
     O'Rourke
     Owens
     Pallone
     Pascrell
     Pastor (AZ)
     Payne
     Pelosi
     Perlmutter
     Peters (CA)
     Peters (MI)
     Pingree (ME)
     Pocan
     Polis
     Posey
     Price (NC)
     Quigley
     Richmond
     Roybal-Allard
     Ruiz
     Ruppersberger
     Ryan (OH)
     Sanchez, Linda T.
     Sarbanes
     Schakowsky
     Schiff
     Schneider
     Schrader
     Scott (VA)
     Scott, David
     Serrano
     Sewell (AL)
     Shea-Porter
     Sherman
     Sinema
     Sires
     Slaughter
     Smith (WA)
     Swalwell (CA)
     Takano
     Thompson (CA)
     Thompson (MS)
     Tierney
     Titus
     Tonko
     Tsongas
     Van Hollen
     Vargas
     Veasey
     Vela
     Velazquez
     Visclosky
     Walz
     Wasserman Schultz
     Waters
     Waxman
     Welch
     Yarmuth

                               NAYS--223

     Aderholt
     Amash
     Amodei
     Bachmann
     Bachus
     Barletta
     Barr
     Barrow (GA)
     Barton
     Benishek
     Bentivolio
     Bilirakis
     Bishop (UT)
     Black
     Blackburn
     Boustany
     Brady (TX)
     Bridenstine
     Brooks (AL)
     Brooks (IN)
     Broun (GA)
     Buchanan
     Bucshon
     Burgess
     Byrne
     Camp
     Campbell
     Capito
     Carter
     Cassidy
     Chabot
     Chaffetz
     Clawson (FL)
     Coffman
     Cole
     Collins (GA)
     Collins (NY)
     Conaway
     Cook
     Cotton
     Cramer
     Crawford
     Crenshaw
     Culberson
     Daines
     Davis, Rodney
     Denham
     Dent
     DeSantis
     Diaz-Balart
     Duffy
     Duncan (SC)
     Ellmers
     Farenthold
     Fincher
     Fitzpatrick
     Fleischmann
     Fleming
     Flores
     Forbes
     Fortenberry
     Foxx
     Franks (AZ)
     Frelinghuysen
     Garrett
     Gerlach
     Gibbs
     Gingrey (GA)
     Gohmert
     Goodlatte
     Gosar
     Gowdy
     Granger
     Graves (GA)
     Graves (MO)
     Griffin (AR)
     Griffith (VA)
     Grimm
     Guthrie
     Hall
     Hanna
     Harper
     Harris
     Hartzler
     Heck (NV)
     Hensarling
     Herrera Beutler
     Holding
     Hudson
     Huelskamp
     Huizenga (MI)
     Hultgren
     Hunter
     Hurt
     Issa
     Jenkins
     Johnson (OH)
     Johnson, Sam
     Jolly
     Jones
     Jordan
     Joyce
     Kelly (PA)
     Kingston
     Kinzinger (IL)
     Kline
     Labrador
     LaMalfa
     Lamborn
     Lance
     Lankford
     Latham
     Latta
     LoBiondo
     Long
     Lucas
     Luetkemeyer
     Lummis
     Marchant
     Marino
     Massie
     McAllister
     McCarthy (CA)
     McCaul
     McClintock
     McHenry
     McKeon
     McKinley
     McMorris Rodgers
     Meadows
     Meehan
     Messer
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Mullin
     Mulvaney
     Murphy (PA)
     Neugebauer
     Noem
     Nugent
     Nunes
     Olson
     Palazzo
     Paulsen
     Pearce
     Perry
     Peterson
     Petri
     Pittenger
     Pitts
     Poe (TX)
     Pompeo
     Price (GA)
     Rahall
     Reed
     Reichert
     Renacci
     Ribble
     Rice (SC)
     Rigell
     Roby
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Rokita
     Rooney
     Ros-Lehtinen
     Roskam
     Ross
     Rothfus
     Royce
     Runyan
     Ryan (WI)
     Salmon
     Sanford
     Scalise
     Schock
     Schweikert
     Scott, Austin
     Sensenbrenner
     Sessions
     Shimkus
     Shuster
     Simpson
     Smith (MO)
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Stewart
     Stivers
     Stockman
     Stutzman
     Terry
     Thompson (PA)
     Thornberry
     Tiberi
     Tipton
     Turner
     Upton
     Valadao
     Wagner
     Walberg
     Walden
     Walorski
     Weber (TX)
     Webster (FL)
     Wenstrup
     Westmoreland
     Whitfield
     Williams
     Wilson (SC)
     Wittman
     Wolf
     Womack
     Woodall
     Yoder
     Yoho
     Young (AK)
     Young (IN)

                             NOT VOTING--21

     Calvert
     Coble
     DesJarlais
     Dingell
     Gardner
     Gibson
     Hastings (WA)
     Hinojosa
     Jackson Lee
     King (IA)
     King (NY)
     Lipinski
     Negrete McLeod
     Nunnelee
     Rangel
     Rush
     Sanchez, Loretta
     Schwartz
     Southerland
     Speier
     Wilson (FL)

                              {time}  1305

  Messrs. STOCKMAN and JONES changed their vote from ``yea'' to 
``nay.''
  Ms. SLAUGHTER and Ms. ROYBAL-ALLARD 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. HINOJOSA. Mr. Speaker, on rollcall No. 494, 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

  Mr. COTTON. Mr. 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 247, 
noes 167, not voting 17, as follows:

                             [Roll No. 495]

                               AYES--247

     Aderholt
     Amash
     Amodei
     Bachmann
     Bachus
     Barber
     Barletta
     Barr
     Barrow (GA)
     Barton
     Benishek
     Bentivolio
     Bera (CA)
     Bilirakis
     Bishop (UT)
     Black
     Blackburn
     Boustany
     Brady (TX)
     Bridenstine
     Brooks (AL)
     Brooks (IN)
     Broun (GA)
     Brownley (CA)
     Buchanan
     Bucshon
     Burgess
     Bustos
     Byrne
     Camp
     Campbell
     Capito
     Carter
     Cassidy
     Chabot
     Chaffetz
     Clawson (FL)
     Coffman
     Cole
     Collins (GA)
     Collins (NY)
     Conaway
     Cook
     Cotton
     Cramer
     Crawford
     Crenshaw
     Culberson
     Daines
     Davis, Rodney
     Denham
     Dent
     DeSantis
     Diaz-Balart
     Duffy
     Duncan (SC)
     Duncan (TN)
     Ellmers
     Enyart
     Farenthold
     Fincher
     Fitzpatrick
     Fleischmann
     Fleming
     Flores
     Forbes
     Foster
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallego
     Garcia
     Gardner
     Garrett
     Gerlach
     Gibbs
     Gibson
     Gingrey (GA)
     Gohmert
     Goodlatte
     Gosar
     Gowdy
     Graves (GA)
     Graves (MO)
     Griffin (AR)
     Griffith (VA)
     Grimm
     Guthrie
     Hall
     Hanabusa
     Hanna
     Harper
     Harris
     Hartzler
     Heck (NV)
     Hensarling
     Herrera Beutler
     Holding
     Hudson
     Huelskamp
     Huizenga (MI)
     Hultgren
     Hunter
     Hurt
     Issa
     Jenkins
     Johnson (OH)
     Johnson, Sam
     Jolly
     Jones
     Jordan
     Joyce
     Kelly (PA)
     Kingston
     Kinzinger (IL)
     Kline
     Kuster
     Labrador
     LaMalfa
     Lamborn
     Lance
     Lankford
     Latham
     Latta
     LoBiondo
     Loebsack
     Long
     Lucas
     Luetkemeyer
     Maffei
     Maloney, Sean
     Marchant
     Marino
     Massie
     Matheson
     McAllister
     McCarthy (CA)
     McCaul
     McClintock
     McHenry
     McIntyre
     McKeon
     McKinley
     McMorris Rodgers
     Meadows
     Meehan
     Messer
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Mullin
     Mulvaney
     Murphy (FL)
     Murphy (PA)
     Neugebauer
     Noem
     Nugent
     Nunes
     Olson
     Palazzo
     Paulsen
     Pearce
     Perry
     Peters (CA)
     Peters (MI)
     Peterson
     Petri
     Pittenger
     Pitts
     Poe (TX)
     Pompeo
     Posey
     Price (GA)
     Rahall
     Reed
     Reichert
     Renacci
     Ribble
     Rice (SC)
     Rigell
     Roby
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Rokita
     Rooney
     Ros-Lehtinen
     Roskam

[[Page 14512]]


     Ross
     Rothfus
     Royce
     Runyan
     Ryan (WI)
     Salmon
     Sanford
     Scalise
     Schneider
     Schock
     Schweikert
     Scott, Austin
     Sensenbrenner
     Sessions
     Shimkus
     Shuster
     Simpson
     Sinema
     Smith (MO)
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Southerland
     Stewart
     Stivers
     Stockman
     Stutzman
     Terry
     Thompson (PA)
     Thornberry
     Tiberi
     Tipton
     Turner
     Upton
     Valadao
     Vela
     Wagner
     Walberg
     Walden
     Walorski
     Walz
     Weber (TX)
     Webster (FL)
     Wenstrup
     Westmoreland
     Whitfield
     Williams
     Wilson (SC)
     Wittman
     Wolf
     Womack
     Woodall
     Yoder
     Yoho
     Young (AK)
     Young (IN)

                               NOES--167

     Bass
     Beatty
     Becerra
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Bonamici
     Brady (PA)
     Braley (IA)
     Brown (FL)
     Butterfield
     Capps
     Capuano
     Cardenas
     Carney
     Carson (IN)
     Cartwright
     Castor (FL)
     Castro (TX)
     Chu
     Cicilline
     Clark (MA)
     Clarke (NY)
     Clay
     Cleaver
     Cohen
     Connolly
     Conyers
     Cooper
     Costa
     Courtney
     Crowley
     Cuellar
     Cummings
     Davis (CA)
     Davis, Danny
     DeFazio
     DeGette
     Delaney
     DeLauro
     DelBene
     Deutch
     Doggett
     Doyle
     Duckworth
     Edwards
     Ellison
     Engel
     Eshoo
     Esty
     Farr
     Fattah
     Frankel (FL)
     Fudge
     Gabbard
     Garamendi
     Grayson
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hahn
     Hastings (FL)
     Heck (WA)
     Higgins
     Himes
     Hinojosa
     Holt
     Honda
     Horsford
     Hoyer
     Huffman
     Israel
     Jackson Lee
     Jeffries
     Johnson (GA)
     Johnson, E. B.
     Kaptur
     Keating
     Kelly (IL)
     Kennedy
     Kildee
     Kilmer
     Kind
     Kirkpatrick
     Langevin
     Larsen (WA)
     Larson (CT)
     Lee (CA)
     Levin
     Lewis
     Lipinski
     Lofgren
     Lowenthal
     Lowey
     Lujan Grisham (NM)
     Lujan, Ben Ray (NM)
     Lynch
     Maloney, Carolyn
     Matsui
     McCollum
     McDermott
     McGovern
     McNerney
     Meeks
     Meng
     Michaud
     Miller, George
     Moore
     Moran
     Nadler
     Napolitano
     Neal
     Nolan
     O'Rourke
     Owens
     Pallone
     Pascrell
     Pastor (AZ)
     Payne
     Pelosi
     Perlmutter
     Pingree (ME)
     Pocan
     Polis
     Price (NC)
     Quigley
     Rangel
     Richmond
     Roybal-Allard
     Ruiz
     Ruppersberger
     Ryan (OH)
     Sanchez, Linda T.
     Sarbanes
     Schakowsky
     Schiff
     Schrader
     Scott (VA)
     Scott, David
     Serrano
     Sewell (AL)
     Shea-Porter
     Sherman
     Sires
     Slaughter
     Smith (WA)
     Speier
     Swalwell (CA)
     Takano
     Thompson (CA)
     Thompson (MS)
     Tierney
     Titus
     Tonko
     Tsongas
     Van Hollen
     Vargas
     Veasey
     Velazquez
     Visclosky
     Wasserman Schultz
     Waters
     Waxman
     Welch
     Wilson (FL)
     Yarmuth

                             NOT VOTING--17

     Calvert
     Clyburn
     Coble
     DesJarlais
     Dingell
     Fortenberry
     Granger
     Hastings (WA)
     King (IA)
     King (NY)
     Lummis
     McCarthy (NY)
     Negrete McLeod
     Nunnelee
     Rush
     Sanchez, Loretta
     Schwartz

                              {time}  1312

  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. FORTENBERRY. Mr. Speaker, on rollcall No. 495 I was inadvertently 
detained during rollcall No. 495 and missed the vote. Had I been 
present, I would have voted ``yes.''

                          ____________________