[Congressional Record (Bound Edition), Volume 161 (2015), Part 11]
[House]
[Pages 14914-14915]
[From the U.S. Government Publishing Office, www.gpo.gov]




                EQUITABLE ACCESS TO CARE AND HEALTH ACT

  Mr. RYAN of Wisconsin. Mr. Speaker, I move to suspend the rules and 
pass the bill (H.R. 2061) to amend section 5000A of the Internal 
Revenue Code of 1986 to provide an additional religious exemption from 
the individual health coverage mandate, and for other purposes, as 
amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 2061

       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 ``Equitable Access to Care and 
     Health Act'' or the ``EACH Act''.

     SEC. 2. ADDITIONAL RELIGIOUS EXEMPTION FROM HEALTH COVERAGE 
                   RESPONSIBILITY REQUIREMENT.

       (a) In General.--Section 5000A(d)(2)(A) of the Internal 
     Revenue Code of 1986 is amended to read as follows:
       ``(A) Religious conscience exemptions.--
       ``(i) In general.--Such term shall not include any 
     individual for any month if such individual has in effect an 
     exemption under section 1311(d)(4)(H) of the Patient 
     Protection and Affordable Care Act which certifies that--

       ``(I) such individual is a member of a recognized religious 
     sect or division thereof which is described in section 
     1402(g)(1), and is adherent of established tenets or 
     teachings of such sect or division as described in such 
     section, or
       ``(II) such individual is a member of a religious sect or 
     division thereof which is not described in section 
     1402(g)(1), who relies solely on a religious method of 
     healing, and for whom the acceptance of medical health 
     services would be inconsistent with the religious beliefs of 
     the individual.

       ``(ii) Special rules.--

       ``(I) Medical health services defined.--For purposes of 
     this subparagraph, the term `medical health services' does 
     not include routine dental, vision, and hearing services, 
     midwifery services, vaccinations, necessary medical services 
     provided to children, services required by law or by a third 
     party, and such other services as the Secretary of Health and 
     Human Services may provide in implementing section 
     1311(d)(4)(H) of the Patient Protection and Affordable Care 
     Act.
       ``(II) Attestation required.--Clause (i)(II) shall apply to 
     an individual for months in a taxable year only if the 
     information provided by

[[Page 14915]]

     the individual under section 1411(b)(5)(A) of such Act 
     includes an attestation that the individual has not received 
     medical health services during the preceding taxable year.''.

       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply to taxable years beginning after December 31, 
     2013.
       (c) Construction.--Nothing in the amendment made by 
     subsection (a) shall preempt any State law requiring the 
     provision of medical treatment for children, especially those 
     who are seriously ill.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Wisconsin (Mr. Ryan) and the gentleman from Michigan (Mr. Levin) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Wisconsin.


                             General Leave

  Mr. RYAN of Wisconsin. Mr. Speaker, I ask unanimous consent that all 
Members may have 5 legislative days within which to revise and extend 
their remarks and include extraneous material on H.R. 2061 currently 
under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Wisconsin?
  There was no objection.
  Mr. RYAN of Wisconsin. Mr. Speaker, I yield myself such time as I may 
consume.
  I rise to speak in favor of the EACH Act. This bill would expand the 
religious liberty exemption to the individual mandate. Right now the 
exemption is minuscule. To qualify, you have to believe as a matter of 
faith in giving up any private or public insurance, including Social 
Security. That includes the Amish, the Order of Mennonites, and that is 
about it. That is way too strict.
  Let's remember the reason for this mandate in the first place. The 
other side said that, if you get sick and you don't have insurance, the 
rest of us will have to pay for your health care. Well, we are talking 
about people who do not use health care. So why should they have to be 
forced to buy insurance for health care that they don't use?
  I don't think we should force anybody to buy health insurance against 
their will, for that matter, but I think it is especially wrong to 
force people to buy insurance against their faith. This bill simply 
says: If you, as a matter of faith, don't use health care, then you are 
exempt from the individual mandate.
  I am glad we are working on this long overdue change today. I would 
note that this came out of committee on a voice vote. I encourage 
Members to support it.
  Mr. Speaker, I reserve the balance of my time.
  Mr. LEVIN. Mr. Speaker, I yield myself such time as I may consume.
  The current religious exemption from ACA mirrors other religious 
exemptions used in the Internal Revenue Code. The EACH Act provides 
that anyone who ``is a member of a religious sect that relies solely on 
religious methods of healing and for whom medical care is inconsistent 
with religious beliefs'' can claim a religious exemption from the 
individual mandate requirement.
  As a step to maintain a narrowly defined religious exemption and meet 
concerns, this legislation is written more precisely than the previous 
bill that passed unanimously in this House.
  Mr. Speaker, I reserve the balance of my time.
  Mr. RYAN of Wisconsin. Mr. Speaker, I yield 5 minutes to the 
gentleman from Illinois (Mr. Rodney Davis), the author of the EACH Act.
  Mr. RODNEY DAVIS of Illinois. Mr. Speaker, I thank Chairman Ryan for 
his leadership on this issue. I really appreciate the Committee on Ways 
and Means allowing me, a noncommittee member, to be able to take this 
important piece of legislation to the floor today.
  Today this Congress has an opportunity to work in a bipartisan way to 
promote religious liberty and, frankly, Mr. Speaker, fairness. H.R. 
2061, the EACH Act, does this by modestly expanding the religious 
conscience exemption under the Affordable Care Act to include 
individuals like Christian Scientists, who rely solely on religious 
methods of healing.
  The existing religious conscience exemption under the Affordable Care 
Act exclusively applies, as Chairman Ryan said, to a few certain sects 
of faith. As a result, many Americans--as I mentioned before, the 
Christian Scientists--are required to purchase medical health insurance 
that does not cover the health care of their religious practice or 
choice. Alternatively, they are forced to pay tax penalties for not 
purchasing such insurance.
  A similar version of the EACH Act passed this House unanimously under 
the suspension of the rules during the last Congress. In order to 
improve the bill, as Mr. Levin, my colleague stated, modest changes to 
this bill's language were made, with input from the Department of 
Treasury, the Department of Health and Human Services, and other key 
stakeholders.
  Under this bill's new language, applicants must annually attest to 
the exchange that they are a member of a religious group, that they 
rely solely on a religious method of healing, and that they have not 
received medical health services during the preceding taxable year.
  Additionally, with the help of input from the American Academy of 
Pediatrics, the bill now makes it clear that the legislation does not 
preempt any State laws requiring the provision of medical treatment for 
children. Further, if a parent needs to provide necessary medical 
services to a child, doing so would not invalidate the individual's 
exemption.
  The EACH Act is truly an example of bipartisan legislation with input 
from stakeholders to make it better. As of today, it has more than 100 
Republican and more than 60 Democratic cosponsors.
  I am particularly proud to have worked with my friend and colleague, 
Mr. Keating, on moving this legislation forward. He knows this issue 
well. His home State of Massachusetts established a similar religious 
conscience exemption in State law, and it is working just as planned.
  Mr. Speaker, I also represent Principia College in Elsah, Illinois. 
It is a college for Christian Scientists. I am proud to stand up and 
promote their religious liberty and that of many others in this great 
Nation.
  I urge a ``yes'' vote.

                              {time}  1615

  Mr. LEVIN. Mr. Speaker, I yield back the balance of my time.
  Mr. RYAN of Wisconsin. Mr. Speaker, I think Mr. Davis captured it 
quite well.
  I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Wisconsin (Mr. Ryan) that the House suspend the rules 
and pass the bill, H.R. 2061, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

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