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Legislative Reports

Current Legislative Report

Health Care Reform


Congress is considering health care reform legislation. On November 7, the House passed its bill, the Affordable Health Care for America Act (H.R. 3962), having first adopted the Stupak–Pitts Amendment that maintains longstanding policy against federal funding of abortion. Senate leadership is still preparing a bill for floor consideration. Debate could begin as early as the week of November 16. None of the Senate committee bills has acceptable provisions prohibiting abortion funding or mandates for abortion coverage, and none fully protects conscience rights in health care. These serious defects in the Senate bills must be corrected.

On October 8, the U.S. Conference of Catholic Bishops sent a letter to Congress expressing disappointment over the lack of progress made on the bishops’ three priority concerns for health care reform. The letter was sent by the chairmen of the three committees with primary concern for health care reform. On the pro-life priority, the bishops stated, "It is essential that the legislation clearly apply to this new program longstanding and widely supported federal restrictions on abortion funding and mandates, and protections for rights of conscience." For full text of the letter, see: www.usccb.org/sdwp/national/2009-10-08-healthcare-letter-congress.pdf

Senate: Two committeess are working on different bills.

Committee on Health, Education, Labor and Pensions (HELP): On July 15, the Senate HELP Committee voted out its bill, the Affordable Health Choices Act (S. 1679). The committee rejected amendments to exclude federal funding or mandated coverage for abortion, to protect conscience rights, and to maintain current state laws limiting and regulating abortion.

Committee on Finance: On September 16, committee chairman Sen. Max Baucus (D-MT) released his chairman's mark, America's Healthy Future Act. The bill was presented only in conceptual or descriptive form. On September 22, the Finance Committee began markup. Sens. Orrin Hatch (R-UT) and Michael Enzi (R-WY) submitted amendments to correct flaws in the chairman's Mark on abortion and conscience rights.

On September 30, the committee rejected all pro-life amendments.  On October 13, the committee approved America's Healthy Future Act, 14-yes, 9-no, with the text of the bill (S. 1796) being reported October 19.

Floor: Based on the two committee bills, Senate Democratic leadership is attempting to develop a single bill that can be brought to the Senate floor.  Debate may begin the week of November 16.

House: Three committees reported different versions of a common bill, America's Affordable Health Choices Act (H.R. 3200). Thereafter leadership produced a single bill (H.R. 3962), which was passed on November 7.

Committees on Education and Labor and on Ways and Means: On July 17, these two committees favorably reported H.R. 3200. During markup the committees rejected amendments to exclude federal fund or mandated coverage for abortion.

Committee on Energy and Commerce:  Reps. Bart Stupak (D-MI) and Joseph Pitts (R-PA) were prepared to offer amendments to exclude abortion mandates, prevent federal funding of abortion, uphold state laws that regulate abortion, and protect the conscience rights of health care providers.

On July 30 and 31, the committee voted on four amendments: (1) A "compromise" amendment offered by Rep. Lois Capps (D-CA) and backed by committee chair, Rep. Henry Waxman (D-CA), was narrowly approved, 30-yes, 28-no. For a critique of this amendment, see, "Myths and Facts:  The Capps Amendment to H.R. 3962," at: www.usccb.org/prolife/issues/healthcare/capps_3962.pdf. (2) An amendment by Rep. Joseph Pitts (R-PA) to exclude any mandate for abortion coverage was defeated, 29-yes, 30-no. (3) An amendment by Rep. Bart Stupak (D-MI) to provide for protection of conscience rights was approved by voice vote. (4) Another amendment by Rep. Stupak to prevent the use of funds to pay for any abortion or cover the costs of any health plan that includes coverage for abortion was defeated, 27-yes, 31- no.

On July 31, the House Energy and Commerce Committee favorably reported H.R. 3200, 31-yes, 28-no.

Floor: Democratic leadership needed to resolve the differences between the three committee-passed versions of the Affordable Health Care for America Act (H.R. 3200). On October 29, leadership introduced its bill, the Affordable Health Care for America Act ( H.R. 3962). This bill retained the unacceptable features on abortion and conscience protection that were in the earlier committee bills.

On Saturday, November 7, the House debated H.R. 3962. After much discussion, leadership agreed to a Rule allowing a vote on the pro-life Stupak-Pitts Amendment that maintained the longstanding policy against federal funding of abortion. For a copy of this amendment, see: nchla.org/datasource/idocuments/StupakPitts.hr3962.11.7.09.pdf. The Rule was approved. Thereafter the Stupak-Pitts Amendment was agreed to, 240-yes, 193-no. The bill itself passed by a narrow margin.

For an explanation of the Stupak-Pitts Amendment, see: "What Does the Stupak Amendment Really Do?" at: nchla.org/datasource/idocuments/WhatDoesTheStupakAmendmentDov2.pdf.

 Action Resources: For an NCHLA Action Alert urging pro-life constituents to contact their Representatives and Senators, see: nchla.org/actiondisplay.asp?ID=279. E-mails can be sent through NCHLA's Grassroots Action Center.

More Information: For fact sheets helpful in critiquing the health care reform bills, see:

  1. "Myths and Facts: The Capps Amendment to H.R. 3962," at: www.usccb.org/prolife/issues/healthcare/capps_3962.pdf.
  2. "Abortion and Conscience Problems in Health Care Reform Bills," at: www.usccb.org/prolife/issues/healthcare/capps_102309.pdf.
  3. "Current Policy on Federal Abortion Funding," at: www.usccb.org/prolife/issues/healthcare/abortion_funding_102309.pdf.

For general information, see: www.usccb.org/healthcare.


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