Expatriate Health Coverage Clarification Act of 2014

Floor Speech

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Mr. Speaker, let me say in advance that I appreciate the work that has been done by any number of Members with regard to this legislation. Many people have engaged in a good faith effort to try to find an acceptable solution that resolves issues which are legitimate and have raised a concern for a lot of us with regard to how we move forward with the Affordable Care Act and make sure that not only Americans are covered, but that our companies can continue to offer insurance coverage for those Americans that are not only affordable but have high quality.

And many of us have recognized that in the case of Americans who are out of the country for more time than they are in the country in a year, that we may have to make some exceptions for them so that the company that is offering them health insurance can offer a policy that is competitive. We don't want to price out our American companies that offer health insurance coverage simply because they are trying to meet domestic care standards for health care that are required as a result of the Affordable Care Act but that may not work as well abroad.

So you take a look at the name of this bill, the Expatriate Health Coverage Clarification Act of 2014. You think, okay, that is what we are trying to do. We are trying to help expatriates, Americans who work abroad more time than they are here at home. But when you take a close look at the bill, that is not what it does.

We are told by the Congressional Research Service that there are probably about 285,000 Americans who have expatriate health care coverage. This bill wouldn't impact just those 285,000 Americans. This bill impacts millions because it impacts U.S. citizens who are here in the country, not abroad for more than half of the time, and it could have an impact on every single legal immigrant who is in this country.

So I think all of us agree. We want to make sure that the Affordable Care Act and its patient protections work, and if we could tweak things to make it work better, we should. But this is not a bill for expatriates. This is a bill that goes way beyond.

So let's not fool ourselves. We have to take care of trying to deal with the narrow exception that we are looking at for expatriates, not create a giant loophole by which we can now remove the protection against discrimination for preexisting conditions that right now all Americans and legal immigrants can now know that they have.

We want to make sure that all of those people who now have protection from the plans that don't provide coverage after a certain amount of money, where all of a sudden, boom, you go bankrupt because you didn't know that your insurance company would only cover $50,000 of your health care costs, that protection might be gone. What we don't want is to create a giant loophole in trying to help a narrow band of Americans and companies that offer these Americans health insurance coverage.

The White House has said there is a fix here. And I know the White House has been trying to work with the proponents of this bill to come up with a fix. But as they said the last time this was up, this needs work, and it should not come up for a vote.

But what are they saying now? The administration issued this today:

The administration does not support House passage of H.R. 4414 in its current form because it would reduce consumer protections and create even more loopholes in the Tax Code.

There is a fix, but this is not it because it goes way beyond. And what we also have to do is recognize that there are other things involved.

This bill will cost the American taxpayers money. How much? We are told by the Congressional Budget Office and Joint Tax Committee, $1.4 billion. Is it paid for? Are the $1.4 billion that we would take away from--or have to take from other taxpayers covered so that we won't have to have other Americans pay for this? No. This bill is unpaid for.

And so for any number of reasons, we should sit down and get this resolved the right way because the White House says there is a fix. Those of us who oppose this bill say there is a fix. But to create more loopholes which allow American citizens and immigrants who are lawfully here, working hard, to all of a sudden be deprived of their protections----

The SPEAKER pro tempore. The time of the gentleman has expired.

Mr. LEVIN. I yield the gentleman from California an additional 1 minute.

Mr. BECERRA. To deprive American citizens who don't know about this, to deprive those immigrants who came to this country legally and are working in this country and today have the same protections to make sure they are not discriminated against for a preexisting condition, who also have a chance to get offered a plan that has those protections against that fine print we used to see in the health policies, to all of a sudden tell them that they are going to be denied that because we were trying to fix a problem for Americans who work abroad for more than a half a year, that is not what we should be doing.

There is a fix. This should not cost the taxpayers more money. And I believe we could do this pretty quickly because it is a narrow issue.

If we really want to help expats, take out the language in the bill that talks about legal immigrants who are in the country. It talks about workers who come to this country to work under worker visa categories, like in the high-tech field or in agriculture. We can do this very simply. And I just appeal to my colleagues and friends on both sides of the aisle: Let's not open up bigger loopholes that cost the taxpayers money simply to try to fix a narrow version of this that we know we can do.

So with that, I hope that sanity will prevail before this goes too far.

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