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EQUAL ACCESS TO CONTRACEPTION FOR VETERANS ACT
Mr. TAKANO. Madam Speaker, pursuant to House Resolution 486, I call up the bill (H.R. 239) to amend title 38, United States Code, to provide for limitations on copayments for contraception furnished by the Department of Veterans Affairs, and for other purposes, and ask for its immediate consideration in the House.
The Clerk read the title of the bill.
The SPEAKER pro tempore. Pursuant to House Resolution 486, the bill is considered read.
The text of the bill is as follows:
H.R. 239
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 ``Equal Access to Contraception for Veterans Act''.
SEC. 2. LIMITATION ON COPAYMENTS FOR CONTRACEPTION.
Section 1722A(a)(2) of title 38, United States Code, is amended--
(1) by striking ``to pay'' and all that follows through the period and inserting ``to pay--''; and
(2) by adding at the end the following new subparagraphs:
``(A) an amount in excess of the cost to the Secretary for medication described in paragraph (1); or
``(B) an amount for any contraceptive item for which coverage under health insurance coverage is required without the imposition of any cost-sharing requirement pursuant to section 2713(a)(4) of the Public Health Service Act (42 U.S.C. 300gg-13(a)(4)).''.
The SPEAKER pro tempore. The bill shall be debatable for 1 hour equally divided and controlled by the chair and the ranking minority member of the Committee on Veterans' Affairs or their respective designees.
The gentleman from California (Mr. Takano) and the gentleman from Illinois (Mr. Bost) each will control 30 minutes.
The Chair recognizes the gentleman from California.
General Leave
Mr. TAKANO. Madam Speaker, I ask unanimous consent that all Members may have 5 legislative days in which to revise and extend their remarks and to insert extraneous material on H.R. 239.
The SPEAKER pro tempore. Is there objection to the request of the gentleman from California?
There was no objection.
Mr. TAKANO. Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, this is not the first time I speak in favor of Representative Brownley's bill, H.R. 239, the Equal Access to Contraception for Veterans Act, but I continue to advocate for this bill because it is an essential component of supporting the fastest-
growing population of our Nation's heroes, our 2 million women veterans.
Last week, this bill was defeated on the suspension calendar when the Family Research Council mobilized efforts with my colleagues in the Freedom Caucus who suggested that the bill pushes a ``harmful ideology.'' Distorting this debate into one about abortion, frankly, does not make any sense at all.
I again remind my colleagues that this legislation passed out of our committee with the support of Ranking Member Bost and through the House last Congress with the support of former Ranking Member Dr. Roe. I know that Dr. Roe is a fierce pro-life advocate, but as an OB/GYN, he understood the importance of access to contraception.
Let me be clear. This bill brings veterans' contraception coverage on par with care they received while on Active Duty from the Department of Defense and coverage required by private health insurance providers to all women in the United States since 2010--all women except those who seek care from the VA.
Now, this bill is about healthcare. This bill is about access. This bill is about equity, especially for our women veterans.
I thank Ranking Member Bost and Minority Leader McCarthy for their leadership in support of this bipartisan bill.
Simply put, a ``no'' vote today is saying directly to veterans that they deserve less healthcare than all other Americans. To me, the choice is easy. Vote ``yes'' on H.R. 239. We cannot permit veterans to be made second-class citizens.
Madam Speaker, I reserve the balance of my time.
Mr. BOST. Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, I rise today in support of H.R. 239, the Equal Access to Contraception for Veterans Act. This bill is sponsored by Congresswoman Julia Brownley. I thank her for introducing it.
The Equal Access to Contraception for Veterans Act passed the House last year with the support of the Trump administration.
It would eliminate copays for birth control at the VA healthcare system. In doing so, it would remove a barrier to care for women veterans. It would bring VA in line with the Department of Defense and the private sector. It would correct a fundamental unfairness that means women pay more for birth control at the VA than elsewhere. And it would not in any way contradict or undermine the prohibition against abortion and abortion counseling at the VA that already exists in law and regulation.
Women are the fastest-growing group of servicemembers and veterans. They are raising their right hands to serve this country in record numbers. Ensuring they are cared for as veterans is one of my top priorities as the lead Republican on the VA Committee.
We have made progress in making the VA safer and more welcome to women, but we still have a long way to go. Women veterans die by suicide at two times the rate as nonveteran women. Most of the veterans who die by suicide are not engaged in VA care at the time of their death. That is why connecting more veterans with the VA is key to stopping veteran suicide.
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One of the primary ways we can connect more veterans with VA is by removing barriers that prevent them from seeking the care and benefits they have earned. This bill will help to do that.
Women seeking birth control in the private sector do not pay copays.
Women seeking birth control on Active Duty do not pay copays.
This bill will make it so women seeking birth control at VA do not pay copays either. That is all this bill does. Once again, that is all this bill does.
Why would we want a woman to pay more for birth control as a veteran than she did while on Active Duty?
Why would we want a woman to pay more for birth control at the VA than she would in the private sector?
Is that any way to thank her for serving her country and defending our freedoms? I don't think so.
Neither does Leader McCarthy, neither did the Trump administration. Neither do many of my conservative pro-life lawmakers both in this Congress and last Congress.
To be clear, this bill does not require allowing VA to provide any additional form of birth control other than those already available at the VA.
And once again, it does not in any way contradict or undermine the prohibition against VA providing abortions and/or abortion counseling to veterans. That is vitally important to me. I know it is for many of my colleagues, as well.
I have really weighed this out and prayed this out and sought the language and read the language. My life has been a pro-life life. I am not changing those positions, and this bill doesn't change that position either. I have taken the counsel of doctors who are familiar with the mechanics of birth control that are being afforded here. They are not abortion.
I am confident that supporting this bill is the right thing to do for our Nation's veterans. I am confident that it is consistent with pro-
life principles.
Madam Speaker, I hope all of my colleagues join me in voting this afternoon, and I reserve the balance of my time.
Mr. TAKANO. Madam Speaker, I yield 5 minutes to the gentlewoman from California (Ms. Brownley), my good friend from my home State, and the chairwoman of the Subcommittee on Health, and also the author of this very important piece of legislation.
Ms. BROWNLEY. Madam Speaker, I rise today in support of H.R. 239, the Equal Access to Contraception for Veterans Act.
Madam Speaker, I thank the chairman and Ranking Member Bost for their support. This bill is a simple one. It only addresses the disparity between veterans who must pay for contraception, and civilians and women currently serving in uniform, who do not have to pay for contraception.
As the chairwoman of the Women's Veterans Task Force and chair of the House Veterans' Affairs Subcommittee on Health, I have worked to identify disparities in healthcare for our women veterans, and where necessary, introduce, advocate for, and pass legislation that eliminates those gaps.
Madam Speaker, I was proud to work with my Republican colleagues to pass the bipartisan Deborah Sampson Act last Congress. This legislation, which was the most comprehensive bill to address the needs of women veterans in more than a decade, received overwhelming bipartisan support. But there are still far too many areas where women veterans have to pay more for their healthcare than men; and in this case, they have to pay more than nonveteran women.
These inequities create an environment that perpetuates the notion that women are not equal to men, and in this case, veteran women are not even equal to other women. This bill passed through the House last Congress by voice vote. It also passed out of the VA Committee this Congress with strong bipartisan support.
It was deeply troubling that misinformation and politics got in the way of helping our women veterans last week, when the bill failed to pass under suspension, which is why we are back here again this week.
Let us be clear, this was a direct slap in the face to nearly 2 million women veterans living in the United States. Because of the Affordable Care Act, women using civilian health insurance may access basic contraceptive services, like the pill, or an IUD without any copay. Additionally, Active Duty servicemembers receive contraceptive care without any copays. So current law is specifically penalizing our women veterans. As we know, choosing when, or if, to have a family is essential to women's health and to their economic security.
Madam Speaker, 87 percent of Americans agree that everyone deserves access to the full range of birth control methods, no matter who they are, where they live, what their economic status is. The vast majority of the American people believe veteran women deserve to be recognized and deserve to be treated with the respect they have earned. The vast majority of the American people also believe that birth control should be a basic part of women's healthcare.
I am particularly disappointed that this bipartisan commitment to supporting our women veterans seems to have hit a roadblock this Congress. Our veterans, both men and women, have sacrificed so much for our country. It is past time that we ensure they get the equitable healthcare they have earned and deserve.
Let us do the right thing today on behalf of our women veterans, for their equality, for their liberty, for their healthcare, and for their economic security.
Madam Speaker, I urge my colleagues to vote ``yes'' on H.R. 239.
Mr. BOST. Madam Speaker, I yield 3 minutes to the gentleman from Montana (Mr. Rosendale).
Mr. ROSENDALE. Madam Speaker, I thank the gentleman from Illinois for yielding to me.
Madam Speaker, my constituents sent me here to Washington to fight tooth and nail on behalf of the unborn.
I rise today in strong opposition to H.R. 239, the Equal Access to Contraception Act for Veterans. This radical piece of legislation would require taxpayers to subsidize the full cost of all contraception through the Department of Veterans Affairs, including Plan B and Ella.
Let me be clear, drugs like Plan B and Ella are not contraception, they are abortifacients. These chemical drugs prevent a newly conceived embryo, a human embryo, from implanting in the uterus and continuing to develop as a child. Again, that is not contraception, that is abortion.
Using taxpayer funding for abortions is not only wildly unpopular, it is immoral. It forces tens of millions of people who have personal or religious objections to abortion and abortifacient drugs to fund the termination of life. That must not and should not be the public's obligation. The true measure of any society can be found in how it treats its most vulnerable, especially the unborn.
Since the ruling of Roe v. Wade, well over 62 billion abortions have occurred in the United States. To put it in perspective, that is more than the amount of worldwide casualties directly caused by World War II, the most deadly military conflict in the history of the world.
The loss of life on such a tragic, massive scale due to abortion is heinous. If passed, this legislation will increase abortions committed in the United States, and that is at the taxpayer's expense. This is absolutely unacceptable. We must do better as a Nation.
When this bill was considered in committee last month, a majority of the Republicans voted against it. Last week, we considered this bill under suspension of the rules, and fortunately, 187 of my Republican colleagues joined me and stood for life. Due to this strong showing of opposition, we were able to prevent the two-thirds supermajority needed to pass this bill under the suspension of the rules, dealing Speaker Pelosi a significant legislative defeat.
That is why Democrats--and even some Republicans, unfortunately--have brought this bill back to the floor today under a rule for debate. I hope the Republicans will be just as unified in opposition of this bill today. Another strong vote would send a message that the Republican Party is the party of life.
Our constituents expect us not to compromise in our defense of the unborn. To support legislation like H.R. 239, which promotes the killing of the unborn, at taxpayers' expense, is the ultimate betrayal.
Mr. TAKANO. Madam Speaker, I just want to say that extremism in the defense of nonsense is not conservatism, it is still nonsense.
Madam Speaker, I yield 1 minute to the gentleman from Indiana (Mr. Mrvan), my good friend, and member of the House Committee on Veterans' Affairs, and the chairman of the Subcommittee on Technology and Modernization.
Mr. MRVAN. Madam Speaker, I thank Chairman Takano for yielding me the time.
Madam Speaker, I rise today to express my support for H.R. 239, the Equal Access to Contraception for Veterans Act of 2021. I first commend my colleague on the House Committee on Veterans' Affairs, Congresswoman Brownley, for her leadership and perseverance to see that this critically important legislation is passed by the House.
It is not acceptable that today women veterans do not have access to the same contraception coverage all Americans currently have available through the Affordable Care Act or private insurance, and all Active Duty servicemembers have through the Department of Defense.
Women veterans are the fastest growing group of veterans enrolling in the Department of Veterans' Affairs healthcare system, and it is time that our policies for women veterans show them the support, respect, and fairness that they deserve.
Madam Speaker, I thank my chairman, again, for the time, and I urge my colleagues to support this legislation.
Mr. BOST. Madam Speaker, I yield 1 minute to the gentlewoman from Georgia (Mrs. Greene).
Mrs. GREENE of Georgia. Madam Speaker, I would like to just take a minute to remind everyone that words matter, and their meanings need to be exactly clear.
Contraception stops a woman from becoming pregnant. The Plan B pill kills a baby in the womb once a woman is already pregnant. You see, the Equal Access to Contraception for Veterans Act is not contraception, it is providing, with taxpayer dollars, the ability for women to have an abortion. The government should not be paying for abortion. The VA should not be paying for abortion. The American taxpayer should not be paying for abortion. So this is why this is very important for all of us to do what we are called to do and not play a part in killing a baby in the womb.
Madam Speaker, this is why I am asking all of my colleagues to vote against the Equal Access to Contraception for Veterans Act. It is time to defend life in the womb.
Mr. BOST. Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, I thank both Congressman Rosendale and Congresswoman Greene, and I appreciate their comments on the sanctity of life, and as freshman Members, their commitment to our Nation's veterans.
Now, I agree with both of their comments on life. I disagree on this bill. This is a bill that we have discussed many times, and the fact is, the emergency contraception is available to veterans at VA today and has been for many, many years.
You mentioned some of the groups who are opposed to this legislation, and I respect their viewpoints, and most often agree with them. But I do think it is appropriate to note right now, however, that just a couple hours ago, the Heritage Action for America clarified their position on this bill.
Importantly, Heritage Action noted that the emergency contraception is not--I repeat--is not a chemical abortion drug and cannot be used to induce abortion. I think it is important for our Members to keep that in mind today.
And I also think it is important that you understand that many of our colleagues who are pro-life should not be questioned on this bill because it has been people who are pro-life that have not only worked on this bill this session, but last. And it is vitally important that not only the Members know this, but the American people know it as well.
Madam Speaker, I reserve the balance of my time.
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Mr. TAKANO. Madam Speaker, I yield 1 minute to the gentlewoman from Illinois (Ms. Underwood), my good friend and a member of the House Committee on Veterans' Affairs, and also a very active member of the Health Subcommittee.
Ms. UNDERWOOD. Madam Speaker, I rise today in strong support of H.R. 239, the Equal Access to Contraception for Veterans Act, led by the chairwoman of the Veterans' Affairs Subcommittee on Health, Congresswoman Julia Brownley.
Chairwoman Brownley and I have worked together on this issue for years. It is about fairness, fairness for the nearly 2 million women veterans who currently don't have access to the same healthcare as civilian women.
The Affordable Care Act requires private insurance plans to provide contraceptive services without copays, but veterans using VA care have to pay out of pocket for those same services. It is unacceptable that women who have served our country bear financial burdens that most other Americans don't have to worry about.
This fix is long overdue. And last week's unconscionable delay by our Republican colleagues harmed our veterans even more.
Madam Speaker, I urge my colleagues on the other side of the aisle to put partisanship aside and vote for H.R. 239.
Mr. TAKANO. Madam Speaker, may I inquire as to how much time is remaining?
The SPEAKER pro tempore. The gentleman from California has 22 minutes remaining. The gentleman from Illinois has 20 minutes remaining.
Mr. BOST. Madam Speaker, I reserve the balance of my time.
Mr. TAKANO. Madam Speaker, I yield 3 minutes to the gentlewoman from Florida (Ms. Lois Frankel), my good friend and new member of the House Committee on Veterans' Affairs, where she also serves on the Health Subcommittee.
Ms. LOIS FRANKEL of Florida. Madam Speaker, I thank Mr. Takano and Ms. Brownley for their magnificent leadership advancing the health and safety of our women veterans.
Madam Speaker, my, my, my, this bill, which passed unanimously last session, is just mind-boggling that now some Republicans are opposing it.
Really?
I am going to say this: As a very proud mother of a son of a United States Marine Corps veteran, I know the risks and sacrifices of our brave military. So I say without hesitation, after service to our country is completed, no veteran of the United States Armed Forces should be forced to pay out-of-pocket expenses for preventative care, including contraception, that their civilian counterparts do not pay.
Small copays can be prohibitive for veterans struggling to make ends meet. In fact, studies show that costs associated with contraception, even when small, lead some people to forego it completely, to choose less effective methods, or use it inconsistently.
Here is the thing, Madam Speaker; the decision about whether or when or how to become a parent is one of the most important decisions a person can make. Our veterans were willing to stand up and take bullets for our freedom, so we need to stand up for theirs. Let's make it clear, today we are focused on access to birth control.
The Republican position conflating abortion and contraception is part of a broader extreme effort to block access to any type of reproductive healthcare. So let's eliminate the barriers and get the veterans the healthcare they need.
Madam Speaker, I call on my colleagues to demonstrate their commitment to the patriotic people who make up our military and veteran communities by passing this very good bill, Equal Access to Contraception for Veterans Act.
Mr. BOST. Madam Speaker, I reserve the balance of my time.
Mr. TAKANO. Madam Speaker, I yield 2 minutes to the gentleman from Texas (Mr. Green), my good friend and a member of the Financial Services Committee, where he is chairman of the Oversight and Investigations Subcommittee.
Mr. GREEN of Texas. Madam Speaker, when I arrived here in Congress in 2005, there was a necessary facility, also known as the men's room, right across diagonally from me outside of this Chamber. There was no such facility for women. In fact, it was the Parliamentarian's office to my left, just outside of this facility.
Madam Speaker, it was under the leadership of the Honorable Nancy Pelosi that we now have equal facilities for men and women just off the floor of the House. Things change, but they don't change on their own volition. The arc of the universe, the moral universe, bends because of the hands of women and men.
Today, we have an opportunity to again treat women with the same level of dignity and respect who are in the military as we do those who are without the military, and, to a certain extent, the same way we were treating men when I arrived in this Congress.
Things change. This is an opportunity to be a part of an historic change. It may seem small to you, but to the people who have to bear the burden of this invidious discrimination, it is not the same.
The SPEAKER pro tempore. The time of the gentleman has expired.
Mr. TAKANO. Madam Speaker, I yield an additional 30 seconds to the gentleman from Texas (Mr. Green).
Mr. GREEN of Texas. Madam Speaker, I greatly appreciate it. I shall be terse and laconic and pithy and concise.
It is time for change to again come to the House of Representatives. I support this legislation, and I beg that my colleagues would do so. It is time for change.
Mr. BOST. Madam Speaker, I reserve the balance of my time.
Mr. TAKANO. Madam Speaker, I yield 1 minute to the gentlewoman from California (Ms. Chu), my good friend and the chair of the Congressional Asian Pacific American Caucus.
Ms. CHU. Madam Speaker, as the chair of the Pro-Choice Caucus' Contraception and Family Planning Task Force, I rise in strong support of Congresswoman Brownley's Equal Access to Contraception for Veterans Act.
Every day, servicemembers are willing to sacrifice their lives for our constitutional rights. So we must ensure that those rights are available to them when they come home, and that includes the right to contraception.
That is what this bill does, by ensuring that veterans, just like their civilian neighbors, have access to the contraception that works best for them, without the burden of copays. And since we know that not every method of birth control works for every person, this bill requires the VA to cover all FDA-approved contraception, including emergency contraception, which is an especially important option in sexual assault.
Contraception helps people plan for their futures, for their families, and for themselves. This bill removes unnecessary barriers to care for our veterans who have already given this Nation so much.
Madam Speaker, I urge my colleagues to vote ``yes'' on this important legislation.
Mr. BOST. Madam Speaker, I reserve the balance of my time.
Mr. TAKANO. Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, let me just say that this bill by Ms. Brownley is about providing equal access to contraceptions for our Nation's veterans. To oppose this bill is to advocate for a situation where veterans are made second-class citizens.
This bill is about contraception. Nowhere in the bill's text or in the title does the word ``abortion'' even appear. I would ask my colleagues who are in opposition to the bill to read the one-page text very carefully. I think they will see that there is no reference to, in any way, the word ``abortion.''
Madam Speaker, I would also say, I think it was H.L. Mencken who said that consistency is often the hobgoblin of little minds.
For those Members who voted against this bill, you know, in fear of the moment, they can reconsider their vote and, I think, get on the right side of the issue in terms of equality for our veterans.
Madam Speaker, I yield 1 minute to the gentlewoman from Illinois (Ms. Schakowsky), my colleague and very good friend, the chairwoman of the Energy and Commerce Subcommittee on Consumer Protection and Commerce.
Ms. SCHAKOWSKY. Madam Speaker, I thank the chair for his friendship and for letting me speak.
Madam Speaker, you know, I rise with great enthusiastic support for the Equal Access to Contraception for Veterans Act.
No veteran of the United States of America should be forced to pay out of pocket for basic preventative care. You know, this is 2021. Birth control should not be controversial. Veterans' access to healthcare should not be controversial.
And I really think, how dare Members on the other side even consider shutting down this bill on suspension.
Our veterans deserve access to all of the healthcare services that they need, and that would include every method of birth control.
Really? Are we still arguing this?
The SPEAKER pro tempore. The time of the gentlewoman has expired.
Mr. TAKANO. Madam Speaker, I yield an additional 30 seconds to the gentlewoman from Illinois (Ms. Schakowsky).
Ms. SCHAKOWSKY. Madam Speaker, I urge all Members to just say--this is something that is basic right now, we all believe that contraception should be available. And, you know, it can end up actually being quite expensive.
And why?
I don't understand. So I think this legislation is long overdue. Let's pass it today.
Mr. BOST. Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, if I may, I just want to reiterate to my friends and colleagues that I am pro-life. Many of the people that have supported this and will support this are pro-life, even groups now that are saying and mentioning this is contraception. It is contraception. It is not abortion.
Let me also say that this includes no other drugs or expansion of drugs that are available. We want to be very, very clear on that. It does not change the position of VA on abortion in any way, shape, or form. This is only doing what is right for our veterans and allowing them the opportunity to receive exactly what someone in the private sector receives and/or someone on Active Duty receives.
I am hoping that my colleagues will understand this and understand those of us who support this and why.
Madam Speaker, I yield back the balance of my time.
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Mr. TAKANO. Madam Speaker, I yield myself the balance of my time.
Madam Speaker, I appreciate the honor and courage with which my counterpart, Ranking Member Bost, has defended and stood up for the truth. And the truth is, H.R. 239 by Chairwoman Brownley is about providing equal access to contraception to America's veterans.
A ``no'' vote on this bill--and I will say it again--a ``no'' vote on this bill is a vote to make our veterans second-class citizens.
Every other American under every other plan in this country, whether it is in private healthcare, because we passed the Affordable Care Act and said that every American is entitled to preventative services, including contraception, since 2010, or Active Duty servicemembers under the Department of Defense who are able to access contraception without copays--Ms. Brownley's bill simply makes veterans on equal footing with all other Americans.
A ``no'' vote on this bill is to make our veterans second-class citizens, and I say of those who make that vote: Shame on them.
Madam Speaker, I urge all of my colleagues to vote ``yes,'' and I yield back the balance of my time.
The SPEAKER pro tempore. All time for debate has expired.
Pursuant to House Resolution 486, the previous question is ordered on the bill.
The question is on the engrossment and third reading of the bill.
The bill was ordered to be engrossed and read a third time, and was read the third time.
The SPEAKER pro tempore. The question is on passage of the bill.
The question was taken; and the Speaker pro tempore announced that the ayes appeared to have it.
Mr. ROSENDALE. Madam Speaker, on that I demand the yeas and nays.
The SPEAKER pro tempore. Pursuant to section 3(s) of House Resolution 8, the yeas and nays are ordered.
Pursuant to clause 8 of rule XX, further proceedings on this question are postponed.
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SOURCE: Congressional Record Vol. 167, No. 110
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