[Congressional Record Volume 157, Number 59 (Wednesday, May 4, 2011)]
[House]
[Pages H3041-H3043]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                  NO TAXPAYER FUNDING FOR ABORTION ACT

  The SPEAKER pro tempore. Pursuant to clause 1(c) of rule XIX, 
consideration of the bill (H.R. 3) to prohibit taxpayer funded 
abortions and to provide for conscience protections, and for other 
purposes, will now resume.
  The Clerk read the title of the bill.
  The SPEAKER pro tempore. 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.


                           Motion to Recommit

  Ms. SPEIER. Madam Speaker, I have a motion to recommit at the desk.
  The SPEAKER pro tempore. Is the gentlewoman opposed to the bill?
  Ms. SPEIER. I am opposed to the bill.
  The SPEAKER pro tempore. The Clerk will report the motion to 
recommit.
  The Clerk read as follows:

       Ms. Speier moves to recommit the bill H.R. 3 to the 
     Committee on the Judiciary with instructions to report the 
     same back to the House forthwith, with the following 
     amendments.
       Page 8, after the matter following line 5, insert the 
     following:

     SEC. 103. PROTECTION OF PRIVATE MEDICAL RECORDS OF VICTIMS OF 
                   RAPE AND INCEST.

       Nothing in this title or the amendments made by this title 
     shall be construed to permit the Federal Government to gain 
     access to the private medical records of the victims of rape 
     and incest.
       On the first page, in the matter following line 5, insert 
     after the item relating to section 102 the following:
Sec. 103. Protection of private medical records of victims of rape and 
              incest.

  Mr. FRANKS of Arizona. Madam Speaker, I reserve a point of order.
  The SPEAKER pro tempore. A point of order is reserved.
  Pursuant to the rule, the gentlewoman from California is recognized 
for 5 minutes in support of her motion.
  Ms. SPEIER. Madam Speaker, at the outset, let me say the following:
  As a member of the Democratic Caucus, there have been times in the 
past when I have supported Republican motions to recommit. I have done 
it a number of times, I confess. I am speaking to my Republican 
colleagues this afternoon, seeking to ask you to do the same, because 
this particular motion is very simple, very clear. It will not prevent 
the passage of the underlying bill. If it is adopted, it will be 
incorporated in the bill, and the bill will be immediately voted upon.
  So what does it do?
  It is about what every one of us cares about, and that is privacy. 
Americans believe in privacy. Justice Brandeis once said in a court 
opinion, ``Every American has the right to be left alone.'' This is 
something we can all agree on.
  My motion would simply prohibit Federal agents from accessing a 
woman's health or other medical records because she was a victim of 
rape or incest. Now, that's pretty simple. If you're a victim of rape 
or incest, no Federal agency or agent will be able to access your 
medical records in order to prove that you, in fact, were raped or were 
a victim of incest.
  Both the Hyde Amendment and this legislation specifically create 
exceptions for victims of these crimes. The underlying bill would 
create an exception to the exception. It actually revictimizes the 
victims of rape and incest by requiring them to relive their horror. 
Rape kits could be examined. Confidential medical records could be 
breached.
  How can we possibly ask a woman who has suffered an horrific crime to 
now face scrutiny by an IRS audit? Think about it. Is that what we 
want? Do we want women who have been victims of rape and incest to have 
IRS agents knocking on their doors to determine whether or not they 
really have been raped or have been victims of incest? We should be 
treating these victims like victims and not like criminals. Medical 
privacy is a longstanding and protected right for every American. Why 
should the right be forfeited because you are a victim of rape or 
incest?
  Let me say it one more time: Passage of this motion will not prevent 
passage of the bill. If it is adopted, it will be incorporated in the 
bill, and the bill will be taken up immediately.
  Madam Speaker, last month, I received a call from a woman who was 
raped while serving in the United States Navy. Sometimes we get wrapped 
up in the words and forget about the real lives we're talking about. 
This member of the Navy was raped, beaten savagely and left for dead in 
her quarters. She was later informed that she was pregnant, and opted 
to have an abortion. Does anyone here believe that this woman who 
volunteered to serve our country should be subject to an audit by the 
IRS? This particular

[[Page H3042]]

Navy serviceperson has since been diagnosed with Post-Traumatic Stress 
Disorder, and has attempted suicide more than once.
  This is a real-life story of an American in uniform, fighting for our 
freedom. We should not use the Tax Code to force women like her to 
relive their ordeals to an IRS agent. Privacy is a fundamental right, 
and this motion would ensure that the most vulnerable in our society 
have access to it. The underlying bill would potentially unleash IRS 
audits on rape victims--and that, my friends, is a disgrace.
  Let me be clear one more time: Passage of this motion will not 
prevent passage of the underlying bill.
  So, though we may disagree on the bill and on the issue of abortion 
rights in general, today we have the opportunity to speak with one 
voice to protect the privacy of victims of rape and incest. It is 
really up to us. I urge everyone to vote ``yes'' on this motion to 
recommit.
  I yield back the balance of my time.

                              {time}  1650

  Mr. FRANKS of Arizona. Madam Speaker, I withdraw my reservation, and 
I rise in opposition to the motion to recommit.
  The SPEAKER pro tempore. The gentleman is recognized for 5 minutes.
  Mr. FRANKS of Arizona. Madam Speaker, I rise in opposition to this 
motion to recommit. The amendment supposes that the bill does something 
that it doesn't do. Nothing in this bill allows the IRS any greater 
access to health information than they have ever had. HIPAA is still in 
place. This is simply an amendment looking for a problem that isn't 
there.
  Madam Speaker, well over a dozen weakening amendments to this bill 
were offered at the Judiciary Committee and the committee carefully 
considered and, frankly, dismissed most of those amendments. Likewise, 
opponents had a second opportunity to challenge the bill in the Ways 
and Means Committee, and the product is the bill before us.
  I have heard so much incorrect information about the bill, Madam 
Speaker. I would like to say to you that when the gentlelady speaks of 
the most vulnerable among us, I would simply say that before the sun 
sets today in America, 4,000 unborn children will die of abortion on 
demand, and in every case a nameless little baby will die a tragic and 
lonely death, a mother will never be quite the same, and all the gifts 
that child might have brought to humanity will be lost forever.
  I would like to tell you that this bill does something to prevent 
that same thing from happening tomorrow, but it doesn't. Madam Speaker, 
this bill simply says that taxpayers in the future will no longer have 
to pay for or worry about their taxpayer dollars being used for that 
purpose. And whatever red herrings we may have heard from the opponents 
today, this bill does nothing more than require that abortion funding 
remain in the private sphere and outside the reach of government's 
coercive power.
  The bill is a very simple piece of legislation without the complexity 
that it has been reputed to have. I would encourage all Americans to 
take a look at the underlying legislation so that you can see for 
yourself that this bill has no need of this motion to recommit.
  Unlike the ObamaCare bill, this piece of simple legislation is only a 
few pages long and is easily understandable. The new majority writes 
its bills this way on purpose so that Members and the American people 
can be confident that this body is in fact carrying out the will of the 
people. That is exactly what this bill does, Madam Speaker, and I urge 
my colleagues to oppose this motion to recommit.
  Mr. CAMP. Will the gentleman yield?
  Mr. FRANKS of Arizona. I yield to the gentleman from Michigan.
  Mr. CAMP. I just want to instruct the House, on this motion to 
recommit, it only affects title I of the bill. All of the tax 
provisions are in title II of the bill. So this does not affect any of 
the tax provisions in the legislation.
  Mr. FRANKS of Arizona. Madam Speaker, what he said.
  I yield back the balance of my time.
  The SPEAKER pro tempore. Without objection, the previous question is 
ordered on the motion to recommit.
  There was no objection.
  The SPEAKER pro tempore. The question is on the motion to recommit.
  The question was taken; and the Speaker pro tempore announced that 
the noes appeared to have it.


                             Recorded Vote

  Ms. SPEIER. Madam Speaker, I demand a recorded vote.
  A recorded vote was ordered.
  The SPEAKER pro tempore. Pursuant to clause 9 of rule XX, the Chair 
will reduce to 5 minutes the minimum time for any electronic vote on 
the question of passage.
  The vote was taken by electronic device, and there were--ayes 192, 
noes 235, not voting 5, as follows:

                             [Roll No. 291]

                               AYES--192

     Ackerman
     Altmire
     Andrews
     Baca
     Baldwin
     Barrow
     Bass (CA)
     Becerra
     Berkley
     Berman
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Boren
     Boswell
     Brady (PA)
     Braley (IA)
     Brown (FL)
     Butterfield
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson (IN)
     Castor (FL)
     Chandler
     Chu
     Cicilline
     Clarke (MI)
     Clarke (NY)
     Clay
     Cleaver
     Clyburn
     Cohen
     Connolly (VA)
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Critz
     Crowley
     Cuellar
     Cummings
     Davis (CA)
     Davis (IL)
     DeFazio
     DeGette
     DeLauro
     Deutch
     Dicks
     Dingell
     Doggett
     Donnelly (IN)
     Doyle
     Edwards
     Ellison
     Engel
     Eshoo
     Farr
     Fattah
     Filner
     Frank (MA)
     Fudge
     Garamendi
     Gonzalez
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hanabusa
     Hastings (FL)
     Heinrich
     Higgins
     Himes
     Hinchey
     Hinojosa
     Hirono
     Holden
     Holt
     Honda
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson Lee (TX)
     Johnson (GA)
     Johnson, E. B.
     Jones
     Kaptur
     Keating
     Kildee
     Kind
     Kissell
     Kucinich
     Langevin
     Larsen (WA)
     Larson (CT)
     Lee (CA)
     Levin
     Lewis (GA)
     Lipinski
     Loebsack
     Lofgren, Zoe
     Lowey
     Lujan
     Lynch
     Maloney
     Markey
     Matheson
     Matsui
     McCarthy (NY)
     McCollum
     McDermott
     McGovern
     McIntyre
     McNerney
     Meeks
     Michaud
     Miller (NC)
     Miller, George
     Moore
     Moran
     Murphy (CT)
     Nadler
     Napolitano
     Neal
     Olver
     Owens
     Pallone
     Pascrell
     Pastor (AZ)
     Payne
     Pelosi
     Perlmutter
     Peters
     Peterson
     Pingree (ME)
     Polis
     Price (NC)
     Quigley
     Rahall
     Rangel
     Reyes
     Richardson
     Richmond
     Ross (AR)
     Rothman (NJ)
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schiff
     Schrader
     Schwartz
     Scott (VA)
     Scott, David
     Serrano
     Sewell
     Sherman
     Shuler
     Sires
     Slaughter
     Smith (WA)
     Speier
     Stark
     Sutton
     Thompson (CA)
     Thompson (MS)
     Tierney
     Tonko
     Towns
     Tsongas
     Van Hollen
     Velazquez
     Visclosky
     Walz (MN)
     Wasserman Schultz
     Waters
     Watt
     Waxman
     Weiner
     Welch
     Wilson (FL)
     Woolsey
     Wu
     Yarmuth

                               NOES--235

     Adams
     Aderholt
     Akin
     Alexander
     Amash
     Austria
     Bachmann
     Bachus
     Barletta
     Bartlett
     Barton (TX)
     Bass (NH)
     Benishek
     Berg
     Biggert
     Bishop (UT)
     Black
     Blackburn
     Bonner
     Bono Mack
     Boustany
     Brady (TX)
     Brooks
     Broun (GA)
     Buchanan
     Bucshon
     Buerkle
     Burgess
     Burton (IN)
     Calvert
     Camp
     Campbell
     Canseco
     Cantor
     Capito
     Carter
     Cassidy
     Chabot
     Chaffetz
     Coble
     Coffman (CO)
     Cole
     Conaway
     Cravaack
     Crawford
     Crenshaw
     Culberson
     Davis (KY)
     Denham
     Dent
     DesJarlais
     Diaz-Balart
     Dold
     Dreier
     Duffy
     Duncan (SC)
     Duncan (TN)
     Ellmers
     Farenthold
     Fincher
     Fitzpatrick
     Flake
     Fleischmann
     Fleming
     Flores
     Forbes
     Fortenberry
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Gardner
     Garrett
     Gerlach
     Gibbs
     Gibson
     Gingrey (GA)
     Gohmert
     Goodlatte
     Gosar
     Gowdy
     Granger
     Graves (GA)
     Graves (MO)
     Griffin (AR)
     Griffith (VA)
     Grimm
     Guinta
     Guthrie
     Hall
     Hanna
     Harper
     Harris
     Hartzler
     Hastings (WA)
     Hayworth
     Heck
     Heller
     Hensarling
     Herger
     Herrera Beutler
     Huelskamp
     Huizenga (MI)
     Hultgren
     Hunter
     Hurt
     Issa
     Jenkins
     Johnson (IL)
     Johnson (OH)
     Jordan
     Kelly
     King (IA)
     King (NY)
     Kingston
     Kinzinger (IL)
     Kline
     Labrador
     Lamborn
     Lance
     Landry
     Lankford
     Latham
     LaTourette
     Latta
     Lewis (CA)
     LoBiondo
     Long
     Lucas
     Luetkemeyer
     Lummis
     Lungren, Daniel E.
     Mack
     Manzullo
     Marchant
     Marino
     McCarthy (CA)
     McCaul
     McClintock
     McCotter
     McHenry
     McKeon
     McKinley
     McMorris Rodgers
     Meehan
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Mulvaney
     Murphy (PA)
     Myrick
     Neugebauer
     Noem
     Nugent
     Nunes
     Nunnelee
     Olson
     Palazzo
     Paul
     Paulsen
     Pearce
     Pence
     Petri
     Pitts
     Platts

[[Page H3043]]


     Poe (TX)
     Pompeo
     Posey
     Price (GA)
     Quayle
     Reed
     Rehberg
     Reichert
     Renacci
     Ribble
     Rigell
     Rivera
     Roby
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Rokita
     Rooney
     Ros-Lehtinen
     Roskam
     Ross (FL)
     Royce
     Runyan
     Ryan (WI)
     Scalise
     Schilling
     Schmidt
     Schock
     Schweikert
     Scott (SC)
     Scott, Austin
     Sensenbrenner
     Sessions
     Shimkus
     Shuster
     Simpson
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Southerland
     Stearns
     Stivers
     Stutzman
     Sullivan
     Terry
     Thompson (PA)
     Thornberry
     Tiberi
     Tipton
     Turner
     Upton
     Walberg
     Walden
     Walsh (IL)
     Webster
     West
     Westmoreland
     Whitfield
     Wilson (SC)
     Wittman
     Wolf
     Womack
     Woodall
     Yoder
     Young (AK)
     Young (FL)
     Young (IN)

                             NOT VOTING--5

     Bilbray
     Bilirakis
     Emerson
     Giffords
     Johnson, Sam

                              {time}  1713

  Messrs. PAUL and PLATTS changed their vote from ``aye'' to ``no.''
  Ms. SEWELL and Mr. JONES changed their vote from ``no'' to ``aye.''
  So the motion to recommit was rejected.
  The result of the vote was announced as above recorded.
  The SPEAKER pro tempore. The question is on the passage of the bill.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.


                             Recorded Vote

  Ms. DeGETTE. Madam Speaker, I demand a recorded vote.
  A recorded vote was ordered.
  The SPEAKER pro tempore. This is a 5-minute vote.
  The vote was taken by electronic device, and there were--ayes 251, 
noes 175, not voting 6, as follows:

                             [Roll No. 292]

                               AYES--251

     Adams
     Aderholt
     Akin
     Alexander
     Altmire
     Amash
     Austria
     Bachmann
     Bachus
     Barletta
     Bartlett
     Barton (TX)
     Bass (NH)
     Benishek
     Berg
     Biggert
     Bishop (UT)
     Black
     Blackburn
     Bonner
     Bono Mack
     Boren
     Boustany
     Brady (TX)
     Brooks
     Broun (GA)
     Buchanan
     Bucshon
     Buerkle
     Burgess
     Burton (IN)
     Calvert
     Camp
     Campbell
     Canseco
     Cantor
     Capito
     Carter
     Cassidy
     Chabot
     Chaffetz
     Coble
     Coffman (CO)
     Cole
     Conaway
     Costello
     Cravaack
     Crawford
     Crenshaw
     Critz
     Cuellar
     Culberson
     Davis (KY)
     Denham
     Dent
     DesJarlais
     Diaz-Balart
     Dold
     Donnelly (IN)
     Dreier
     Duffy
     Duncan (SC)
     Duncan (TN)
     Ellmers
     Farenthold
     Fincher
     Fitzpatrick
     Flake
     Fleischmann
     Fleming
     Flores
     Forbes
     Fortenberry
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Gardner
     Garrett
     Gerlach
     Gibbs
     Gibson
     Gingrey (GA)
     Gohmert
     Goodlatte
     Gosar
     Gowdy
     Granger
     Graves (GA)
     Graves (MO)
     Griffin (AR)
     Griffith (VA)
     Grimm
     Guinta
     Guthrie
     Hall
     Hanna
     Harper
     Harris
     Hartzler
     Hastings (WA)
     Hayworth
     Heck
     Heller
     Hensarling
     Herger
     Herrera Beutler
     Holden
     Huelskamp
     Huizenga (MI)
     Hultgren
     Hunter
     Hurt
     Issa
     Jenkins
     Johnson (IL)
     Johnson (OH)
     Jones
     Jordan
     Kaptur
     Kelly
     Kildee
     King (IA)
     King (NY)
     Kingston
     Kinzinger (IL)
     Kline
     Labrador
     Lamborn
     Lance
     Landry
     Lankford
     Latham
     LaTourette
     Latta
     Lewis (CA)
     Lipinski
     LoBiondo
     Long
     Lucas
     Luetkemeyer
     Lummis
     Lungren, Daniel E.
     Mack
     Manzullo
     Marchant
     Marino
     Matheson
     McCarthy (CA)
     McCaul
     McClintock
     McCotter
     McHenry
     McIntyre
     McKeon
     McKinley
     McMorris Rodgers
     Meehan
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Mulvaney
     Murphy (PA)
     Myrick
     Neugebauer
     Noem
     Nugent
     Nunes
     Nunnelee
     Olson
     Palazzo
     Paul
     Paulsen
     Pearce
     Pence
     Peterson
     Pitts
     Platts
     Poe (TX)
     Pompeo
     Posey
     Price (GA)
     Quayle
     Rahall
     Reed
     Rehberg
     Reichert
     Renacci
     Ribble
     Rigell
     Rivera
     Roby
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Rokita
     Rooney
     Ros-Lehtinen
     Roskam
     Ross (AR)
     Ross (FL)
     Royce
     Runyan
     Ryan (WI)
     Scalise
     Schilling
     Schmidt
     Schock
     Schweikert
     Scott (SC)
     Scott, Austin
     Sensenbrenner
     Sessions
     Shimkus
     Shuler
     Shuster
     Simpson
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Southerland
     Stearns
     Stivers
     Stutzman
     Sullivan
     Terry
     Thompson (PA)
     Thornberry
     Tiberi
     Tipton
     Turner
     Upton
     Walberg
     Walden
     Walsh (IL)
     Webster
     West
     Westmoreland
     Whitfield
     Wilson (SC)
     Wittman
     Wolf
     Womack
     Woodall
     Yoder
     Young (AK)
     Young (FL)
     Young (IN)

                               NOES--175

     Ackerman
     Andrews
     Baca
     Baldwin
     Barrow
     Bass (CA)
     Becerra
     Berkley
     Berman
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Boswell
     Brady (PA)
     Braley (IA)
     Brown (FL)
     Butterfield
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson (IN)
     Castor (FL)
     Chandler
     Chu
     Cicilline
     Clarke (MI)
     Clarke (NY)
     Clay
     Cleaver
     Clyburn
     Cohen
     Connolly (VA)
     Conyers
     Cooper
     Costa
     Courtney
     Crowley
     Cummings
     Davis (CA)
     Davis (IL)
     DeFazio
     DeGette
     DeLauro
     Deutch
     Dicks
     Dingell
     Doggett
     Doyle
     Edwards
     Ellison
     Engel
     Eshoo
     Farr
     Fattah
     Filner
     Frank (MA)
     Fudge
     Garamendi
     Gonzalez
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hanabusa
     Hastings (FL)
     Heinrich
     Higgins
     Himes
     Hinchey
     Hinojosa
     Hirono
     Holt
     Honda
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson Lee (TX)
     Johnson (GA)
     Johnson, E. B.
     Keating
     Kind
     Kissell
     Kucinich
     Langevin
     Larsen (WA)
     Larson (CT)
     Lee (CA)
     Levin
     Lewis (GA)
     Loebsack
     Lofgren, Zoe
     Lowey
     Lujan
     Lynch
     Maloney
     Markey
     Matsui
     McCarthy (NY)
     McCollum
     McDermott
     McGovern
     McNerney
     Meeks
     Michaud
     Miller (NC)
     Miller, George
     Moore
     Moran
     Murphy (CT)
     Nadler
     Napolitano
     Neal
     Olver
     Owens
     Pallone
     Pascrell
     Pastor (AZ)
     Payne
     Pelosi
     Perlmutter
     Peters
     Pingree (ME)
     Polis
     Price (NC)
     Quigley
     Rangel
     Reyes
     Richardson
     Richmond
     Rothman (NJ)
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schiff
     Schrader
     Schwartz
     Scott (VA)
     Scott, David
     Serrano
     Sewell
     Sherman
     Sires
     Slaughter
     Smith (WA)
     Speier
     Stark
     Sutton
     Thompson (CA)
     Thompson (MS)
     Tierney
     Tonko
     Towns
     Tsongas
     Van Hollen
     Velazquez
     Visclosky
     Walz (MN)
     Wasserman Schultz
     Waters
     Watt
     Waxman
     Weiner
     Welch
     Wilson (FL)
     Woolsey
     Wu
     Yarmuth

                             NOT VOTING--6

     Bilbray
     Bilirakis
     Emerson
     Giffords
     Johnson, Sam
     Petri

                              {time}  1720

  So the bill was passed.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.

                          ____________________