[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.
____________________