Madam Speaker, I yield myself such time as I may consume. I thank the gentlewoman from Wyoming (Ms. Cheney) for the customary 30 minutes. (Mr. McGOVERN asked and was given permission to revise and…
Madam Speaker, I yield myself such time as I may consume. I thank the gentlewoman from Wyoming (Ms. Cheney) for the customary 30 minutes.
(Mr. McGOVERN asked and was given permission to revise and extend his remarks.)
Madam Speaker, I rise in opposition to yet another closed rule. Last night in the Rules Committee, there were three thoughtful amendments that were brought forward. They were all germane and all complied with the rules of the House. Yet, once again, the Republicans in the Rules Committee denied each and every one of them.
There is no opportunity for any amendments to be heard here today and no opportunity for there to be a real debate, and I regret that very much. Again, that is the trend that we see in this Congress.
Madam Speaker, I also oppose the underlying bill. I have a fundamental belief that politicians in Washington should not have the right to interfere in the health decisions of a woman; and this deceptively titled bill will do just that. It continues this Republican majority's never-ending crusade against women, and it is an attempt to take away the constitutionally protected right to abortion services for millions of women, especially middle class and low-income women. That is wrong.
Madam Speaker, these healthcare decisions should be made between women and their doctors, not politicians in Washington.
Who the hell are we in this Chamber to make these private and oftentimes painful decisions for women?
Republicans claim that this bill is about codifying the Hyde amendment, which has been around for four decades. That is 40 years too long, in my opinion. But this bill isn't really about the Hyde amendment. Despite what Republicans claim, this extreme and sweeping bill would go even further by placing unprecedented limits on women's access to reproductive health services even if they want to pay for abortion coverage out of their own pockets.
Placing restrictions on how women with private insurance can spend private dollars when purchasing health insurance would radically change our Nation's longstanding policy. It is deeply troubling and must not become law.
Madam Speaker, just days ago during the nationwide Women's March, millions of people gathered all across the country and around the globe to defend women's rights. These marches were likely the single largest day of protest in American history. More than half a
million people took to the streets right here in our Nation's Capital; and I was proud to march with these dedicated men and women, along with my wife and my daughter. My son, I am also proud to say, joined the march in Boston.
The marches were peaceful. Not a single arrest was reported in Washington, D.C. And they were also clear, sending a message to each of us that women's rights are human rights.
But far from respecting those rights, the majority is here today attacking a woman's constitutional right to make her own decisions about her health, her family, and her future.
Despite this dangerous bill passing the Republican-controlled House in previous Congresses, it has traditionally died in the Senate; and I hope the Senate keeps with that tradition.
The ultimate goal of congressional Republicans and of Donald Trump is to overturn Roe v. Wade. Make no mistake about it. They want to take us back to the days of back-alley abortions where women lost their lives. That would be an awful thing to do.
I hope people who believe in upholding a woman's right to choose are watching this debate, and I hope that they are just as outraged as I am by this attempt to roll back women's healthcare rights. I hope they call their Representatives in Congress today to speak out. This is a time for action, and we need all of you to make your voices heard.
I reserve the balance of my time.
Madam Speaker, I yield 1\1/2\ minutes to the gentleman from Massachusetts (Mr. Kennedy).
Madam Speaker, I include in the Record an article that appeared in The Washington Post: ``Does Obamacare provide federal subsidies for elective abortions?'' It talks about the GAO report, and it basically says that those who claim that it does, they earn three Pinocchios.
[Jan. 26, 2017]
Does Obamacare Provide Federal Subsidies for Elective Abortions?
(By Michelle Ye Hee Lee)
``The president's health-care law authorized massive
subsidies to assist millions of Americans to purchase private
health plans that will cover abortion on demand. In other
words, hard-earned taxpayer dollars are now being used to pay
for elective abortions. This is simply unacceptable.''--Rep.
Virginia Foxx (R-N.C.), House debate, Jan. 22, 2015
The argument that the Affordable Care Act, a.k.a.
Obamacare, provides federal subsidies for abortions came up
several times during the House debate on an antiabortion
bill.
The bill would prohibit using federal funds for any
abortions or for any health plans that cover abortions. Under
Obamacare, federal funds can be used to cover abortions for
pregnancies caused by rape or incest, or that endanger the
mother's life. But no federal subsidies for premiums can be
used for elective abortions. The House debate centered on
whether this restriction is being enforced, and whether
additional protection for taxpayers are needed.
There often is overheated rhetoric in the abortion debate
that cannot be fact-checked. (The Fact Checker previously
examined Democrats' claims following the Hobby Lobby ruling.)
The bill's opponents, who support abortion rights, say the
system works and that the measure would unnecessarily
restrict women's private insurance choices. Lawmakers who
oppose abortion rights don't buy it; they say the system is
just an accounting gimmick. The goal of this fact check is
not to relitigate the debate but to examine evidence to
support the above statement, which was repeated throughout
the debate.
Foxx, one of the lawmakers arguing for the bill, was among
several Republicans who claimed federal subsidies are paying
for elective abortions. Does this accurately portray how
abortions are covered under Obamacare?
The Facts
The House passed H.R. 7, No Taxpayer Funding for Abortion
and Abortion Insurance Full Disclosure Act of 2015, on the
anniversary of the Supreme Court's 1973 Roe v. Wade decision.
The bill was a watered-down measure that the House took up at
the last minute after GOP leaders pulled an initial, more
restrictive bill.
Public funding for abortions is intricately structured.
Under the Hyde Amendment, federal funds can't be used for
elective abortions under Medicaid-funded plans. Some states
do pay 100 percent of the cost of elective abortions without
passing on any cost to the federal government.
Under Obamacare, health insurance plans could cover some or
all elective abortions, but they can't use federal tax
credits and subsidies to offset the cost. Insurance providers
that cover elective abortions must charge consumers
separately and deposit the money into a separate account that
contains no federal money. Providers need to bill enrollees
separately for elective abortions by itemizing them
separately in monthly bills or sending separate bills.
States can pass laws to ban or restrict health plans from
providing coverage for elective abortions. In 2014, 23 states
restricted coverage for these procedures. There were 1,036
plans in 28 states that provided some or all coverage for
elective abortions.
In a speech to Congress and a subsequent executive order,
President Obama gave assurances that federal subsidies would
not be used to cover elective abortion services. He ordered
Health and Human Services and the Office of Management and
Budget to issue a guideline for states so they can comply
with billing and funding segregation requirements.
Obama's not keeping his promise, say supporters of H.R. 7.
Staffers for Foxx and two of the other lawmakers who made
similar claims--H.R. 7 sponsor Rep. Chris Smith (R-N.J.) and
Rep. Ana Wagner (R-MO.)--pointed to a September 2014
Government Accountability Office report. At the request of
GOP leaders, the GAO examined whether health plans were
following the elective abortion billing requirements.
GAO picked 18 plans in 10 states with no laws restricting
abortion coverage as a non-probability sample representing a
quarter of all health plans that cover elective abortions.
GAO found 17 of 18 issuers were not separately billing
consumers. The one remaining issuer said its bills show there
is a charge ``for coverage of services for which member
subsidies may not be used.''
These issuers did not give blanket coverage for all
abortions. One covered abortions that a health-care provider
determines necessary, and two limited coverage to no more
than one elective abortion a year. All 18 issuers had payment
requirements such as co-pays, deductions and out-of-pocket
costs.
The report did not examine whether the providers were
illegally using federal subsidies to pay for elective
abortion services. In response to the report, HHS released a
new set of regulations to clarify billing and funding
segregation requirements.
Experts say the GAO's findings do not necessarily mean
insurance providers are inappropriately using federal
subsidies to cover abortion services. There is no government
or industry agency tracking insurers' compliance, making it
impossible to know whether providers are following the law,
they said.
``It's really not clear how these different plans are being
operationalized,'' said Alina Salganicoff, Kaiser Family
Foundation's director of women's health policy.
The GAO report found premium amounts collected from
elective abortion services ranged from 51 cents to $1.46 per
enrollee per month. To put this in context, the national
average premium for a 40-year-old person purchasing coverage
through the marketplace was between $224 to $270 per month,
according to the Kaiser Family Foundation. (An earlier, non-
age-specific average monthly estimate was $241.) Even if the
maximum charge ($1.46) was added to the cheapest health plan
($224), the elective abortion surcharge is less than 1
percent of the monthly bill.
The key point made by lawmakers and advocacy groups who
oppose abortion rights is that money is fungible, and that it
doesn't matter exactly how the money is being collected. A
dollar is a dollar, they say, and every dollar paid to an
insurance provider in the marketplace ultimately goes into
collective risk pools that are used to rim government-
subsidized health insurance, so taxpayers are effectively
paying for elective abortions.
``The point is the federal subsidies provided for those
1,036 plans are funding abortion just as much as the private
funds contributed by the individual. That is consistent with
the commonly held understanding that money is fungible and
the funds received by the insurance company are used to pay
all benefits,'' Sheridan Watson, Foxx's communications
director, wrote to The Fact Checker.
The Pinocchio Test
The GAO's report found that the insurers it studied were
not following billing requirements. But experts say that does
not necessarily mean the providers were illegally using
federal subsidies for abortions. Even if they were, Foxx's
statement that Obamacare authorized ``massive'' subsidies is
an exaggeration. Based on the estimates above, abortion
charges would range from 0.2 percent to 0.65 percent of an
enrollee's monthly bill.
The claim that ``hard-earned taxpayer dollars'' are paying
for abortions ``on demand'' implies that taxpayers foot the
abortion bill for any woman who requests one. But in reality,
some providers still imposed their own restrictions on which
abortions to cover, and all 18 issuers had payment
requirements, such as out-of-pocket costs and co-pays.
Lawmakers like Foxx who oppose abortion rights discredit
the billing and funding separation requirement for elective
abortion services. Billing doesn't matter, they say, because
federal tax dollars used for subsidies pay for everything in
a health plan. This is an opinion, and something that can't
be fact-checked. But to say that massive federal subsidies
are paying for abortions on demand is not an accurate
portrayal of this complex issue, and the facts in the GAO
report do not support this argument.
Madam Speaker, I yield 1 minute to the gentlewoman from California (Ms. Matsui).
Madam Speaker, I yield myself such time as I may consume.
Let me just clarify for the Record that there is no Federal funding for abortion. All you have to do is read the Hyde amendment, which has been in effect for 40 years. I don't support it, but that is the law of the land.
The majority of Americans believe abortion should be legal. So if you want to talk about polls, the overwhelming number of Americans believe that abortions should be safe and legal.
I also would like to say that while my colleagues are working overtime to try to defund organizations like Planned Parenthood, it is because of Planned Parenthood, the counseling that is provided, and the reproductive services that are provided at their clinics, and contraception, that the number of abortions have decreased in this country.
Madam Speaker, I am going to ask my colleagues to defeat the previous question. And if we do, I am going to offer an amendment to the rule to bring up legislation, which I am happy to be a cosponsor of, along with Ms. Eshoo, that would require sitting Presidents and Presidential nominees to disclose their last 3 years of tax returns.
Announcement by the Speaker Pro Tempore
Despite the long tradition of Presidents and Presidential nominees of disclosing their tax returns, Donald Trump has refused to release his, and his spokesperson recently said that he has no intention of doing so. The American people expect and deserve transparency, which this legislation would ensure.
Madam Speaker, I ask unanimous consent to insert the text of the amendment in the Record, along with extraneous material, immediately prior to the vote on the previous question.
Madam Speaker, between his refusal to release his tax returns and all these business conflicts of interest, this Presidency is on a collision course with corruption.
Madam Speaker, I urge all my colleagues to support our effort here.
To discuss our proposal, I yield 2 minutes to the distinguished gentlewoman from California (Ms. Eshoo).
Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, I just would like to assure my colleague from Wyoming that we are not trying to distract when we bring up the issue of the President's tax returns, but we have no opportunity here to be heard. The bill before us, as I mentioned in my opening statement, is a closed rule. It is a Putin rule, if you will, where it is their way or the highway and where no debate is allowed on alternative ideas. We had three thoughtful amendments brought before the Rules Committee last night, all germane, all in compliance with the House rules. They rejected all three of them.
On the issue of the Presidential tax returns, yes, we are bringing it up because the American people want to know whether there are conflicts of interest. They don't want the White House to be known for being a place of corruption. They want our Presidents to follow the rules and the laws of the land. So people want to know, but we have been given no opportunity to do that.
So forgive me if we take procedural motions to try to make our point, but my colleagues on the Republican side lock us out of any opportunity to be heard. The Rules Committee has become a place where democracy goes to die, I am sad to say, and I hope that changes.
Madam Speaker, I yield 1 minute to the gentleman from Michigan (Mr. Kildee).
Madam Speaker, I yield 1 minute to the gentlewoman from California (Ms. Sanchez), who is the vice chairwoman of the Democratic Caucus.
Madam Speaker, I yield 1 minute to the gentlewoman from California (Mrs. Davis).
Madam Speaker, I yield 1 minute to the gentlewoman from Oregon (Ms. Bonamici).
Madam Speaker, I yield 1 minute to the gentlewoman from California (Ms. Lofgren).
Madam Speaker, I yield 1\1/2\ minutes to the gentlewoman from New York (Mrs. Carolyn B. Maloney).
Madam Speaker I yield 1\1/2\ minutes to the gentlewoman from the District of Columbia (Ms. Norton).
Madam Speaker, I yield the gentlewoman an additional 1 minute.
Madam Speaker, the distinguished gentleman from Texas, the chairman of the Committee on Rules, says this bill has nothing to do with taking away a woman's right to choose. I would beg to differ. I think it has everything to do with taking away a woman's right to choose.
But this is the rule. I was hoping that maybe he would address the fact that, again, three thoughtful amendments were brought before the Committee on Rules yesterday by Democrats. They were all germane. They all comply with the House rules. I was hoping he would explain why they were all denied, especially since the bill before us didn't go through regular order; it didn't go through a committee process to be brought to the floor. This was just kind of plopped into the Committee on Rules, and no amendments were made in order. That is not the way a deliberative body should be run. There are disagreements on this issue, but don't be afraid of allowing opposing viewpoints to be heard on this House floor. But apparently he didn't want to talk about that.
Madam Speaker, I yield 1\1/2\ minutes to the gentleman from California (Mr. Panetta).
Madam Speaker, I yield 1\1/2\ minutes to the gentleman from New Jersey (Mr. Gottheimer).
Madam Speaker, may I ask the gentlewoman from Wyoming if she has additional speakers.
Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, I include in the Record a letter from 23 faith-based organizations and communities urging Members to reject H.R. 7; a letter from the American Civil Liberties Union urging Members to vote ``no'' on H.R. 7; a letter from 44 women's health, religious, and other advocacy organizations strongly opposed to H.R. 7; and a letter from the American Association of University Women urging Members to oppose
Madam Speaker, let me begin my closing by reminding people that we are about to vote on the rule. The rule defines how we are going to consider this legislation. This is a closed rule. This is a Putin rule. This is a rule that allows no opposing viewpoints to be brought before this Chamber to be debated and voted on. It is completely closed. On top of that, it didn't go through regular order.
Now, I know my colleagues will say, well, it went through regular order in the previous Congress. But there are 55 new Members of the House in this Congress, and I think they have a right to expect regular order from the leadership of this House when legislation is brought to the floor. The rule should be rejected because it is closed.
I would urge my colleagues, even those who may be sympathetic to the underlying legislation to, at some point, stand up to your leadership and say, ``Enough of this closed process.'' Open this place up a little bit. This is supposed to be the greatest deliberative body in the world, and yet we do everything but deliberate. At some point, I hope some of my Republican colleagues will be brave enough to stand with us who are calling for a more open process.
I also urge my colleagues to vote ``no'' on the underlying bill.
I also include in the Record an article from Politico entitled, ``Study: Abortion Rate Falls to Record Low.''
[From Politico, Jan. 17, 2017]
Study: Abortion Rate Falls to Record Low
(By Brianna Ehley)
The U.S. abortion rate dipped to its lowest level on record
in 2014, according to a new study by the Guttmacher
Institute.
The abortion rate dropped 14 percent between 2011 and 2014
to 14.6 abortions per 1,000 women, researchers said. During
the same time period, the number of abortions dropped 12
percent to 926,200 in 2014.
Researchers suggested two main reasons for the decline: a
combination of greater access to contraception and less
access to abortion services in states that have enacted new
restrictions.
The number of clinics providing abortions dipped 6 percent
between 2011 and 2014, with the largest declines in access in
the Midwest and the South.
``Abortion restrictions and clinic closures mean that
patients may need to travel greater distances to access
services,'' Rachel Jones, the study's lead author, said in a
statement. ``Some of the abortion rate decline is likely
attributable to women who were prevented from accessing
needed services.''
Madam Speaker, part of the reason for that is because women are having more access to good health care. Part of the reason why that number is getting lower is because of organizations like Planned Parenthood, which provide clinics and counseling and contraception to young women so that we can actually avoid more people being in the situation where they have to confront the issue of abortion. And yet my colleagues' next salvo is going to be going after Planned Parenthood. The abortion rate in this country is going down.
The underlying bill is not about making sure that taxpayer money doesn't go to fund abortion. That is what the Hyde amendment does.
The Affordable Care Act, by the way, makes it clear that no portion of the premium tax credits may be used to pay for the portion of comprehensive health coverage that is purchased in the marketplace that relates to abortion services. That is not what this is about.
This is basically the first attempt to really go after the basic constitutional right for a woman to be able to choose when it comes to abortion services. That is what this is about. The leadership of this House--indeed, the President of the United States--has made it clear they want to repeal Roe v. Wade. They want to put Justices on the Supreme Court who will repeal that decision. They want to pass legislation that will do everything to be able to deny women that basic right. That is what is going on here.
Finally, Madam Speaker, I am asking people to vote ``no'' on the previous question so that we can actually debate and vote on this issue of requiring Presidential candidates and Presidents to release their tax returns. I say to my colleagues in all sincerity, this President's refusal to release his tax returns, all these conflicts of interest that he has, this is a White House on a collision course with corruption. Donald Trump said he wanted to come to Washington to drain the swamp, but by not releasing his tax returns, by allowing all these conflicts of interest to remain, he is bringing the swamp to the White House. Enough.
Let us vote for transparency here. Let us vote in a way that the majority of Americans think we ought to do, and that is to require this President to come clean, to show us what his tax returns are, to show us what he is hiding, to show us where his investments are, to show us if there are any dealings with Russia or Putin or whatever.
I urge my colleagues to vote ``no'' on the previous question so we can have that opportunity to be able to debate that issue, because if you don't vote ``no,'' I can guarantee you that the Committee on Rules will never make it in order. The Committee on Rules never makes anything in order that the leadership of this House doesn't put its rubber stamp on. I think that that is unfortunate. As I said before, the Committee on Rules is becoming a place where democracy goes to die. It is about time that my colleagues on both sides of the aisle stand up and say, ``Enough. Let's open this place up.''
Madam Speaker, I yield back the balance of my time.
Madam Speaker, on that I demand the yeas and nays.
Madam Speaker, I demand a recorded vote.