Equitable Access To Care And Health Act
Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 1814) to amend section 5000A of the Internal Revenue Code of 1986 to provide an additional religious exemption from the individual health coverage mandate. Mr. Speaker, I ask…
Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 1814) to amend section 5000A of the Internal Revenue Code of 1986 to provide an additional religious exemption from the individual health coverage mandate.
Mr. Speaker, I ask unanimous consent that all Members have 5 legislative days in which to revise and extend their remarks and to include extraneous material on the subject of the bill under consideration.
Mr. Speaker, I yield myself such time as I may consume.
Just yesterday, a Washington newspaper headline read: ``Worst Congress Ever.''
The thrust of the article was an indictment against Washington partisanship for its failure to move significant legislation on behalf of the American people. Now, to some degree, I suppose we have all felt at times that Congress just isn't making any laws. Of course, there are times, however, when Congress must make no law if we are to honor the oath we have sworn, which is to support and defend the Constitution of the United States. Indeed, ``Congress shall make no law respecting the establishment of religion or prohibiting the free exercise thereof.''
Today, we have the opportunity to work together, across the aisle, to reaffirm this founding principle of our democracy. Together, we will reinforce the constitutional protection for sincere believers of all faiths against the unnecessary entanglement of government with their private religious expression. H.R. 1814 slightly expands the religious conscience exemption of the Affordable Care Act to include individuals with ``sincerely held religious beliefs'' among those eligible for an exemption from the individual mandate penalty.
In order to qualify for the exemption under the EACH Act, an individual must affirm on an annual tax return that he or she cannot purchase coverage due to a sincerely held religious belief. This term, as defined by the U.S. Equal Employment Opportunity Commission and as widely recognized by
the courts, is designed to protect various types of religious believers, not just those who belong to a traditional, organized religion.
Today's bill must become law. Among the many problems with the Affordable Care Act, the current conscience exemption only protects the religious exemptions of a few select faiths. Now, I am fully aware that not every organization purporting to defend religious liberty is in favor of today's measure. I am, nevertheless, thankful that my good friend from the other side of the aisle, Mr. Keating, joined me in this effort. His home State of Massachusetts incorporated a similar religious liberty exemption in their State law, and it seems to be working out just fine. Since the law passed, only 6,500 Bay Staters have claimed the conscience exemption.
This fact serves to reinforce the very principle of religious liberty we affirm today. The Constitution does not only protect the religious practices and beliefs of majority faith traditions, but, rather, the First Amendment protects even the smallest faith group and even the single individual against laws that infringe upon their sincerely held religious beliefs.
Yet H.R. 1814 isn't only about constitutional jurisprudence and legislative correctness. It is about real people in my district and in yours who feel that their free exercise of religion is encumbered under the current law. One of them is a constituent of mine named Andrew, who lives in Chillicothe, Illinois. Andrew is a sincere believer whose religious commitment leads him to pursue only nonmedical health care options. According to Andrew, under the current law, he will be required to pay a fine once the individual mandate penalty kicks in. Regrettably, Andrew's religious beliefs were not considered when the present conscience exemption was enacted.
Today, the EACH Act gives individuals like Andrew the ability to practice his religious beliefs without coercive government fining him for coverage he does not intend to use nor can he use and remain true to his most sincere religious beliefs. We recognize, however, that the immense unpopularity of ObamaCare among many Americans might entice otherwise law-abiding citizens to claim an exemption under the EACH Act in order to escape the law's penalty. In order to ensure that individuals do not game the system, this bill includes a strong provision that revokes the exemption and requires the individual to pay a stiff penalty if he or she seeks medical treatment at any point during that year.
H.R. 1814 walks that fine line between protecting the First Amendment for every American and safeguarding taxpayers against potential fraud. Congress has long sought to uphold both of these commitments, and, today, this bill affords us a bipartisan opportunity to do it once again. I urge my colleagues to support this important fix to the Affordable Care Act and to pass H.R. 1814.
With that, Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I appreciate my friend's comments from California. I would just remind the gentleman that this is a near carbon copy of language that was implemented in the State of Massachusetts. It has had a very minimal effect, and it has impacted and has helped a very small number of people. It is why this bill has received such bipartisan support and is on the suspension calendar here tonight.
With that, I yield 1 minute to the gentlelady from Tennessee (Mrs. Black), my good friend.
Mr. Speaker, I yield 2 minutes to the gentleman from Texas (Mr. Brady), the distinguished gentleman from the Ways and Means Committee.
Mr. Speaker, I yield 1 minute to my good friend and neighbor from Illinois (Mr. Rodney Davis).
Mr. Speaker, I yield myself the balance of my time.
I would just remind my good friend from Michigan that had regular order been used when ObamaCare was passed, perhaps we would not be attempting to try and fix it now that it is law.
The U.S. Supreme Court upheld ObamaCare in a 5-4 ruling 2 years ago this summer. The Justices did so by affirming that Congress, contrary to the repeated assurance by my colleagues on the other side of the aisle, had effectively created a tax that falls under the enumerated powers of article I of the Constitution, and, like a tax, compliance is mandatory, and enforcement is the job of the Internal Revenue Service.
Since the summer of 2012, we have learned some things about the IRS that raise concerns about the agency's ability to do its job fairly. Likewise, we have watched the Obama administration usurp congressional authority and refuse to enforce the law that bears the President's name.
Among the many ``executive fixes'' that seem to flow from the administration with increasing frequency, none have touched upon one of the most serious problems with ObamaCare, namely, current law will either force millions of Americans to violate their sincerely held religious beliefs or punish them for exercising those beliefs.
We are not likely to agree today--or any day--on the underlying law. ObamaCare is as controversial now--and perhaps even more so--than when it was passed, but we can agree on this:
Congress shall make no law respecting the establishment of
religion or prohibiting the free exercise thereof.
Less than a mile from this Chamber, on the bank of the tidal basin, are inscribed in marble these words:
Almighty God hath created the mind free. All attempts to
influence it by temporal
punishments or burdens are a departure from the plan of the
Holy author of our religion. No man shall suffer on account
of his religious opinions or belief, but all men shall be
free to possess and maintain their opinions in matters of
religion.
Those words, written by Thomas Jefferson, the first Democrat to be called ``Mr. President,'' capture the very essence of today's bill. It is our duty--even our oath that we take before God--to protect the religious freedoms of every American. ObamaCare does not do that. Today's bipartisan measure is a small but necessary step if Congress is to honor the great tradition of religious liberty enshrined in our founding documents and extended to succeeding generations of Americans by law.
Mr. Speaker, I urge passage of H.R. 1814, and I yield back the balance of my time.