Thank you very much. Madam Speaker, I am going to state this as simply as I can. There is no public funding for abortion. Whether you like it or not, the Hyde amendment, which has been the law of this land for decades now, says there is no…
Thank you very much.
Madam Speaker, I am going to state this as simply as I can. There is no public funding for abortion. Whether you like it or not, the Hyde amendment, which has been the law of this land for decades now, says there is no public funding for abortion. That has not changed. There is no public funding for abortion under the Affordable Care Act or any other government program.
This bill would vastly expand the current restrictions on a woman's right to get her own health care through her insurance, with her own private money, that she, her family, and her doctor think she needs. Let me say how this would work. Under H.R. 7, people who buy their insurance in exchanges--and their employers--now would not be able to spend their own private dollars to buy insurance that they need for themselves and their families.
This not only would be a radical expansion over current law, it would be a terrible wedge between patients and their doctors. I do not care how many polls there are that you might cite, because the vast majority of Americans think that a woman's private health care decisions should be made between herself, her family, and her doctor--certainly, not by politicians in Washington, D.C.
H.R. 7 is an idea that has been proposed time and again. It is not going anywhere. I am sure it will probably pass this House today, and it will go over to the other body, and it will die. If not, the President will veto it.
Here are my questions to my friends on the other side of the aisle: Why aren't we spending this week talking about how the women of America can get better paychecks? Why aren't we spending our time talking this week about how the women and men of America can get tax credits so that the children they do have can go to child care that is quality child care? Why aren't we spending our time this week talking about how women and men should be able to get paid the same amount for doing the very same job?
That is what I think this Congress should be spending its time doing, not passing these bills which are false statements about a woman's private decisions about her health care. I urge the body to defeat this bill.
Madam Speaker, I yield myself 1 minute.
Madam Speaker, I have good news for my friends on the other side of the aisle. There is no taxpayer funding for abortion. Let me say that again. There is no taxpayer funding for abortions. There hasn't been for many decades because of the Hyde amendment.
Under the Affordable Care Act, that prohibition did not change. Now, some of us might disagree with the Hyde amendment, but that is the law of the land, and it was a carefully constructed compromise under the Affordable Care Act.
This bill would be a vast expansion of the restriction of a woman's right to choose what type of insurance she can purchase with the consultation of her doctor and her husband because it would prevent women from purchasing insurance with their own money on the exchanges, and that would be a restriction on their rights. So I am going to urge my colleagues to vote ``no'' on this ill-conceived piece of legislation, and let's talk about some things that really matter, like jobs, child care, and pay equity.
I reserve the balance of my time.
Madam Speaker, I yield to the gentlewoman from California (Mrs. Capps) for the purpose of a unanimous consent request.
Madam Speaker, I yield to the gentlewoman from California (Mrs. Napolitano) for the purpose of a unanimous consent request.
Madam Speaker, I yield to the gentlewoman from New Jersey (Mrs. Watson Coleman) for the purpose of a unanimous consent request.
Madam Speaker, I yield to the gentlewoman from California (Ms. Loretta Sanchez) for the purpose of a unanimous consent request.
Madam Speaker, I yield to the gentleman from Illinois (Mr. Gutierrez) for the purpose of a unanimous consent request.
Madam Speaker, I yield to the gentleman from Texas (Mr. Veasey) for the purpose of a unanimous consent request.
Madam Speaker, I yield to the gentlewoman from New York (Mrs. Carolyn B. Maloney) for the purpose of a unanimous consent request.
Madam Speaker, I yield to the gentlewoman from California (Ms. Pelosi), the Democratic leader, for the purpose of a unanimous consent request.
Madam Speaker, I yield to the gentlewoman from California (Ms. Lofgren) for the purpose of a unanimous consent request.
Madam Speaker, I yield to the gentlewoman from California (Ms. Maxine Waters) for the purpose of a unanimous consent request.
Madam Speaker, I yield to the gentlewoman from California (Ms. Speier) for the purpose of a unanimous consent request.
Madam Speaker, I yield to the gentlewoman from Alabama (Ms. Sewell) for the purpose of a unanimous consent request.
Madam Speaker, I yield to the gentleman from California (Mr. Huffman) for the purpose of a unanimous consent request.
Madam Speaker, I yield to the gentleman from California (Mr. Becerra), the Democratic Caucus chairman, for the purpose of a unanimous consent request.
Madam Speaker, I yield to the gentleman from Michigan (Mr. Kildee) for the purpose of a unanimous consent request.
Madam Speaker, I yield to the gentleman from Maryland (Mr. Cummings) for the purpose of a unanimous consent request.
Madam Speaker, I yield to the gentlewoman from Texas (Ms. Jackson Lee) for the purpose of a unanimous consent request.
Madam Speaker, I yield 3 minutes to the gentleman from Michigan (Mr. Conyers), the ranking member on the Judiciary Committee.
Madam Speaker, I would just ask my colleagues on the other side to please give me an example where Federal taxpayer dollars have been used to pay for an abortion, except with the Hyde amendment exceptions.
Madam Speaker, I yield 2 minutes to the gentleman from Tennessee (Mr. Cohen), the ranking Democrat on the Constitution Subcommittee.
Madam Speaker, I am pleased to yield 2 minutes to the gentleman from New Jersey (Mr. Pallone), the distinguished ranking member of Energy and Commerce.
Madam Speaker, I am pleased to yield 3 minutes to the gentleman from New York (Mr. Nadler), the distinguished senior member of the Judiciary Committee.
Madam Speaker, I am now pleased to yield 2 minutes to the gentlewoman from Texas (Ms. Jackson Lee), the distinguished senior member of the Judiciary Committee.
Madam Speaker, I am pleased to yield 1 minute to the gentlewoman from California (Ms. Judy Chu).
Madam Speaker, I am pleased to yield 2 minutes to the gentlewoman from Florida (Ms. Wasserman Schultz).
Madam Speaker, I am now pleased to yield 1 minute to the gentleman from Florida (Mr. Murphy).
Madam Speaker, I am now pleased to yield 2 minutes to the distinguished gentlewoman from California (Ms. Speier).
Madam Speaker, I am pleased to yield 1 minute to the gentleman from Michigan (Mr. Kildee).
Madam Speaker, I am pleased to yield 1\1/2\ minutes to the distinguished gentlewoman from the District of Columbia, Congresswoman Eleanor Holmes Norton.
Madam Speaker, I am now pleased to yield 2 minutes to the gentlewoman from North Carolina (Ms. Adams), one of our distinguished new Members.
Madam Speaker, I am now pleased to yield 2 minutes to the distinguished gentlewoman from New York (Mrs. Carolyn B. Maloney).
Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, I just have to end with what I started with. There is no Federal taxpayer funding for abortion. There has not been for many decades.
Some people, like me, think that this is an ill-conceived public policy, but it is the law of the land, it is the law of the land every year in the appropriations bill, and it is part of the compromise that was negotiated with the Affordable Care Act, so we need to keep that in mind as we talk about what this legislation does.
What this legislation will do is it will take away the ability of women in the exchanges to buy comprehensive health care insurance with their own money.
Now, I heard many speakers on the other side of the aisle today talk about their deep concerns about abortion and unwanted pregnancies. Well, I will tell you something: if you want to reduce unwanted pregnancies--which all of us in this room do--what you need to do is give women quality health insurance with robust family planning and a full range of health care services.
The Guttmacher Institute, in a 2010 study, showed, happily, that teen pregnancy in this country was at the lowest rate in over 30 years. Do you know why? Two reasons: number one, birth control for these teenagers; and, number two, comprehensive health insurance.
This Congress which has passed, over and over again, restrictions on birth control access--not just for teens, but for all women--and restrictions on comprehensive family planning is actually passing legislation that is going to stop this decrease in unwanted teen pregnancies.
It is an ill-conceived policy. It is a wrongheaded policy. If we want to stop unwanted pregnancies, the way to do it is to have comprehensive health insurance for all American women.
Now, the majority, at the last minute, pulled the bill with the egregious provisions on rape that would have required rape victims to affirmatively go to the police before they could raise the exception, but don't make any mistake about it, this bill is just as egregious as that bill.
The reason it is is because, in an unprecedented move, it stops American women and their families from being able to get comprehensive health insurance with their own money.
What would happen is it would open up a significant divide between the coverage that large employers would give to families and small employers and individuals.
Now, the other thing this does is it reopens the debate and the compromise that we had in the Affordable Care Act. The compromise we made in that bill was that there would be no public funding for abortion under the Affordable Care Act.
It was negotiated, it was agreed upon, and as the other side admitted, the President issued an executive order saying he would enforce the current law on that, and, in fact, that is what happened.
The act required two separate premium payments for women and their families who receive premium tax credits and choose coverage that includes abortion services. The act is clear in its language. No portion of premium tax credits may be used to pay for the portion of comprehensive health coverage that is purchased in the marketplaces that relates to abortion services.
The compromise was agreed upon by pro-life groups like the Catholic Health Association and everybody else, and now, this compromise is being thrown out the window.
Well, our opponents say there was a GAO report last September that said that insurance companies were not segregating the funds, so they say that that means, somehow, Federal dollars are being used to pay for abortions.
Well, after that GAO study came out, Madam Speaker, the HHS promulgated a new rule clarifying the agreement under the Affordable Care Act that the funds had to be segregated, and they promulgated this rule on Wednesday, November 26.
Madam Speaker, I will insert that proposed rule into the Record at the end of my remarks.
So this compromise is being honored by the administration.
Now, early in this debate, I asked my opponents to please give me one example where Federal taxpayer dollars have been used to pay for abortions. I haven't heard that example, and it is because it is not happening. This is a false issue that is being raised.
I would submit to everybody here: let's stop talking about this false issue just because there are a whole bunch of people in town who want us to pass some legislation; let's talk about some real issues.
We just received a Statement of Administration Policy from the White House. Not surprisingly, the administration has said that the President would veto this bill. The bill is likely dead on arrival in the Senate, but even if it did pass, it would be vetoed.
I have a suggestion for my colleagues on both sides of the aisle: let's take up some issues that the women and families of America care about; let's take up the issue of how we are going to give women good jobs with comprehensive health insurance, so they can make their own decisions, along with their family and their doctor.
Let's talk about legislation that will allow women of America to get jobs that have equal pay for equal work to the men. Let's talk about a bill that will give tax credits for families who have to struggle every month to pay for child care for their little kids. Let's talk about that.
And finally, let's talk about parental leave, which virtually every other country in the world has, so that when families have children whom they love so much and want to take care of, they won't have to go back to work because their employer doesn't pay them for family leave. Let's talk about that because, Madam Speaker, that is what the women and families of America want us to talk about.
I urge us to reject this legislation. I urge a ``no'' vote.
g. Segregation of Funds for Abortion Services
(Sec. 156.280)
Section 1303 of the Affordable Care Act and Sec. 156.280
specify accounting and other standards for issuers of QHPs
through the Exchange in the individual market that cover
abortion services for which public funding is prohibited
(also referred to as non-excepted abortion services). The
statute and regulations establish that unless otherwise
prohibited by State law, a QHP issuer may elect to cover such
services. If an issuer elects to cover such services under a
QHP sold through the individual market Exchange, the issuer
must take certain steps to ensure that no premium tax credit
or cost-sharing reduction funds are used to pay claims for
abortion services for which public funding may not be used.
We are providing guidance on an individual market Exchange
issuer's responsibilities with respect to requirements
related to QHP coverage of abortion services for which public
funding is prohibited. HHS works with stakeholders, including
States and issuers, to help them fully understand and follow
the statutes and regulations governing the provision of
health insurance coverage under a QHP through the Exchange.
As is the case with many provisions in the Affordable Care
Act, States and State insurance commissioners are the
entities primarily responsible for implementing and enforcing
the provisions in section 1303 of the Affordable Care Act
related to individual market QHP coverage of nonexcepted
abortion services. OPM may issue guidance related to these
provisions for multi-State plan issuers.
Under section 1303(b)(2)(B) of the Affordable Care Act, as
implemented in Sec. 156.280(e)(2)(i), individual market
Exchange issuers must collect a separate payment from each
enrollee, for an amount equal to the AV of the coverage for
abortions for which public funding is prohibited. However,
section 1303 of the Affordable Care Act and Sec. 156.280 do
not specify the method an issuer must use to comply with the
separate payment requirement. This provision may be satisfied
in a number of ways. Several such ways include, but are not
limited to: sending the enrollee a single monthly invoice or
bill that separately itemizes the premium amount for
nonexcepted abortion services; sending a separate monthly
bill for these services; or sending the enrollee a notice at
or soon after the time of enrollment that the monthly invoice
or bill will include a separate charge for such services and
specify the charge. Section 1303 of the Affordable Care Act
permits, but does not require a QHP issuer to separately
identify the premium for non-excepted abortion services on
the monthly premium bill in order to comply with the separate
payment requirement. A consumer may pay the premium for non-
excepted abortion services and for all other services in a
single transaction, with the issuer depositing the funds into
the issuer's separate allocation accounts as required by
section 1301(b)(2)(C) of the Affordable Care Act, as
implemented in Sec. 156.280(e)(2)(ii) and Sec. 156.280(e)(3).
Section 1303(b)(2)(D) of the Affordable Care Act, as
implemented in Sec. 156.280(e)(4), establishes requirements
for individual market Exchange issuers with respect to how
much they must charge each QHP enrollee for coverage of
abortions for which public funding is prohibited. A QHP
issuer must estimate the basic per enrollee, per month cost,
determined on an average actuarial basis, for including
coverage of non-excepted abortion services. In making this
estimate, a QHP issuer may not estimate the basic cost of
coverage for non-excepted abortion services to be less than
one dollar per enrollee, per month. This means that an issuer
must charge each QHP enrollee a minimum premium of one dollar
per month for coverage of non-excepted abortion services.
Statement of Administration Policy
H.R. 7--No Taxpayer Funding for Abortion Act
(Rep. Smith, R-New Jersey, and 20 cosponsors)
The Administration strongly opposes H.R. 7. The legislation
would intrude on women's reproductive freedom and access to
health care; increase the financial burden on many Americans;
unnecessarily restrict the private insurance choices that
consumers have today; and restrict the District of Columbia's
use of local funds, which undermines home rule. Longstanding
Federal policy prohibits the use of Federal funds for
abortions, except in cases of rape or incest, or when the
life of the woman would be endangered. This prohibition is
maintained in the Affordable Care Act and reinforced through
the President's Executive Order 13535. H.R. 7 would go well
beyond these safeguards by interfering with consumers'
private health care choices. The Administration strongly
opposes legislation that unnecessarily restricts women's
reproductive freedoms and consumers' private insurance
options.
If the President were presented with H.R. 7 his senior
advisors would recommend that he veto this bill.
I yield back the balance of my time.
Madam Speaker, I demand a recorded vote.