[Congressional Record Volume 162, Number 172 (Thursday, December 1, 2016)]
[House]
[Pages H7086-H7096]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
PROVIDING AMOUNTS FOR FURTHER EXPENSES OF THE COMMITTEE ON ENERGY AND
COMMERCE IN THE ONE HUNDRED FOURTEENTH CONGRESS
Mr. HARPER. Madam Speaker, by direction of the Committee on House
Administration, I call up the resolution (H. Res. 933) providing
amounts for further expenses of the Committee on Energy and Commerce in
the One Hundred Fourteenth Congress, and ask for its immediate
consideration.
The Clerk read the title of the resolution.
The text of the resolution is as follows:
H. Res. 933
Resolved,
SECTION 1. AMOUNTS FOR COMMITTEE EXPENSES.
For further expenses of the Committee on Energy and
Commerce (hereafter in this resolution referred to as the
``Committee'') for the One Hundred Fourteenth Congress, there
shall be paid out of the applicable accounts of the House of
Representatives not more than $800,000.
SEC. 2. VOUCHERS.
Payments under this resolution shall be made on vouchers
authorized by the Committee, signed by the Chairman of the
Committee, and approved in the manner directed by the
Committee on House Administration.
SEC. 3. REGULATIONS.
Amounts made available under this resolution shall be
expended in accordance with regulations prescribed by the
Committee on House Administration.
The SPEAKER pro tempore. The gentleman from Mississippi (Mr. Harper)
is recognized for 1 hour.
Mr. HARPER. Madam Speaker, for the purpose of debate only, I yield
the customary 30 minutes to the gentleman from Pennsylvania (Mr.
Brady), pending which I yield myself such time as I may consume. During
consideration of this resolution, all time yielded is for the purpose
of debate only.
General Leave
Mr. HARPER. Madam Speaker, I ask unanimous consent that all Members
have 5 legislative days to revise and extend their remarks and to
include extraneous matter in the Record on the consideration of H. Res.
933, currently under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Mississippi?
There was no objection.
Mr. HARPER. Madam Speaker, I rise in support of H. Res. 933, a
resolution that authorizes additional funds for the Committee on Energy
and Commerce's budget for the remainder of the 114th Congress.
Last year, on October 7, the House passed, by a majority vote, a
measure creating a Select Investigative Panel on Infant Lives within
the Committee on Energy and Commerce. Our committee has the
responsibility to ensure that each committee of the House has
sufficient resources to fulfill their assigned oversight duties.
Last year, our committee transferred funds from the committee reserve
account to the Energy and Commerce Committee so that the panel could
begin its work. An additional transfer was made earlier this year.
These funds were allocated based on the full committee's need to
fulfill its mission. These initial transfers were insufficient to cover
the costs associated with the select panel.
The measure before us on the House floor today will rectify this
situation and allow the Committee on Energy and Commerce and the Select
Investigative Panel on Infant Lives to continue to operate until the
end of this Congress.
{time} 1445
Passing this measure to provide additional funds is an institutional
responsibility. If we do not allocate these additional funds, the work
of the entire Committee on Energy and Commerce, both for the majority
and minority, would grind to a halt. The committee would be unable to
complete its vital work. This work covers important areas, such as
electronic communications, environmental protection, and health care.
We saw this week the important work of the committee in the 21st
Century Cures Act.
There are differences of opinion on the creation of the select
investigative panel. However, we are not here to relitigate a decision
that the House made more than a year ago but to fulfill our
institutional responsibilities. It is my hope that we will swiftly pass
this measure today.
I reserve the balance of my time.
Mr. BRADY of Pennsylvania. Madam Speaker, I yield myself such time as
I may consume.
I rise in opposition to this resolution and in opposition to the
existence of the panel generally. It has been nothing more than a
partisan witch hunt that will ultimately cost taxpayers over a million
dollars and has found no wrongdoing by the people it was created to
investigate. Three House committees and 13 States have launched their
own similar investigations and came to the same conclusion.
The panel has been a one-sided operation from the start, with the
majority failing to consult and inform the minority on official actions
and withholding panel records and documents.
The dangers of this panel go far beyond simply wasting taxpayer
money. It is a direct assault on women's health care and the right to
choose. The panel's actions also put at risk the lives of researchers
working to find cures to our most debilitating and deadly diseases. It
is my hope that this is the last we hear of it.
Madam Speaker, I yield 26 minutes to the gentlewoman from Illinois
(Ms. Schakowsky), and ask unanimous consent that she be permitted to
control that time.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Pennsylvania?
There was no objection.
[[Page H7087]]
Mr. HARPER. Madam Speaker, I yield 3 minutes to the gentlewoman from
Tennessee (Mrs. Blackburn), the chairman of the select investigative
panel.
Mrs. BLACKBURN. Madam Speaker, the select investigative panel was
formed to investigate areas that, prior to the revelations of
undercover journalists, received too little attention. For most of us,
it is nothing short of an outrage that Planned Parenthood and other
abortion clinics supplement their budgets by selling the leftover parts
of babies they have aborted.
This Chamber charged the panel with investigating fetal tissue
trafficking, second and third trimester abortion practices, the
standard of care for infants who survive abortions, and the role our
taxpayer dollars play in this sector of society. Over the last year, we
have held hearings that explored the bioethics surrounding fetal tissue
use, and that revealed the sobering reality of how fetal tissue is
priced.
Our investigation revealed four models by which the subjects of our
investigation implicate serious public policy concerns. The first, the
middleman model, comprises a middleman and tissue procurer that obtains
tissue directly from a source such as an abortion clinic or hospital
and then transfers the tissue to a customer, usually a university
researcher.
As the example of StemExpress illustrates, the procurement company
would embed a lab technician inside an abortion clinic, where the
technician would receive the day's orders for body parts at specified
gestation periods, access patient files in violation of women's HIPAA
privacy rights, and collect the tissue. Then the technician would
receive pay and even bonuses based on the tissue she secured.
A second model, the university clinic model, reveals the cozy
relationship between abortion clinics and research institutions, most
of them State universities funded by the taxpayers. The clinic provides
the university the tissue used for research. The university adopts the
clinic doctors as faculty members, giving them benefits regardless of
whether they actually teach. And, in many cases, thanks to programs
like the Ryan Fellowship, medical students are deployed to abortion
clinics to be trained as the next generation of abortion providers.
The panel's investigation into a third model, the late-term abortion
clinic, revealed the appalling absence of mechanisms or procedures to
safeguard those infants who survive the abortion procedure. Put
bluntly, even though we have the Born-Alive Infants Protection Act and
the prohibition of partial birth abortion on the books, they are not
enforced.
Fourth, the panel investigated the model by which Federal tax dollars
make their way to abortion clinics, typically by Medicaid payments
under title XIX, and fetal tissue researchers.
The SPEAKER pro tempore. The time of the gentlewoman has expired.
Mr. HARPER. Madam Speaker, I yield an additional 1 minute to the
gentlewoman from Tennessee.
Mrs. BLACKBURN. Madam Speaker, to provide just a snapshot of the 51
known external audits of Planned Parenthood clinics, nearly all found
title XIX overpayments for family planning and reproductive health
service claims. The overbilling totalled more than $8.5 million, and
that is without counting several False Claims Act lawsuits that allege
millions more in overbilling.
Consider all that our panel has identified, despite having just
barely a year--even less by the time we were fully staffed--to conduct
the investigation. It is now up to us to build on the work, to hold the
government accountable, and to stop these affronts to human dignity.
Ms. SCHAKOWSKY. I thank the gentleman from Pennsylvania for yielding
the time to me, and I yield myself such time as I may consume.
Madam Speaker, I rise in opposition to this legislation to fund the
select investigative panel, the panel that we call the select panel to
attack women's health.
It really shouldn't come as any surprise that one of the very first
things that the Republicans have done coming back now to Washington is
to approve additional funding for this select so-called investigative
panel, doubling its budget and putting it on track to spend nearly
$1.6-million taxpayer funds by the end of this year.
This investigation is essentially built on a pack of lies that are
perpetrated by anti-abortion extremists and has never been and has no
chance of becoming a fact-based investigation. The panel Republicans
have continually relied on, even today, doctored videotapes, so-called
evidence, even though that evidence and those videotapes have been
discredited already by three House committees, 13 States, and a Texas
grand jury.
Throughout this investigation, Republicans have abused congressional
authority, issuing 42 unilateral subpoenas in violation of House rules,
demanding that clinics and universities name names of their
doctors, students, and staff, and releasing some of these names knowing
that doing so puts lives in danger, a truly McCarthyesque attack on
individuals. They have compared researchers to Nazi war criminals and
echoed the words of anti-abortion activists that were also used by a
gunman who shot 12 people, killing 3 at a Planned Parenthood clinic in
Colorado Springs.
Despite Republicans' failure to find any evidence of wrongdoing, they
continue to make inflammatory, grotesque allegations to justify the
panel's existence, and, by their words and actions, have put lifesaving
research and women's health care at risk.
The panel has already had a chilling effect on research, drying up
the supply of needed tissue for research on multiple sclerosis and
threatening research on other diseases from A to Z, Alzheimer's to
Zika.
Fetal tissue research has historically had broad, bipartisan support.
It is the basis for key vaccines that have saved, literally, millions
and millions of lives, including the polio vaccine. That is why over 60
of our Nation's leading medical institutions released an open letter in
support of scientific research using fetal tissue.
We cannot afford to let a set of reckless and irresponsible claims
stop this vital medical research. This panel and its investigation are
a disgrace to this House of Representatives. We need to end this
dangerous and unjustified witch hunt, and, instead of providing more
funding for this divisive and dangerous inquisition, Congress should
shut down this panel and put an end to its shameful proceedings.
Madam Speaker, I reserve the balance of my time.
Mr. HARPER. Madam Speaker, I yield 3 minutes to the gentleman from
Pennsylvania (Mr. Pitts).
Mr. PITTS. I thank the gentleman. As a member of the select
investigative panel, I rise in support of H. Res. 933.
Madam Speaker, after the release of the undercover videos of Planned
Parenthood, one little known tissue procurement company became a
household name: StemExpress. They are one of the biggest players in the
sale of aborted-baby body parts in the United States. In clear
violation of the intent of Federal law, they promise profits to
abortion clinics in return for otherwise discarded--and I will use
their quote--products of conception.
The select panel learned that in order to make as much tissue
available for sale as possible, and thus rake in huge profits,
StemExpress sought to contract with the National Abortion Federation.
Contracting with this network of abortion clinics would mean access to
thousands of baby body parts, which StemExpress could procure, then
turn around and sell at huge markups.
Our investigation found that they had created a drop-down menu--here
is a copy of part of it--on their Web site, such as one might find on
Amazon.com, to facilitate their sales. Their buyers could select the
gestational age, the type of tissue, and the number of specimens. For
example, you could select three 12-week-old baby scalps, twelve 14-
week-old baby brains, one 15-week pair of baby eyes, or seven 16-week
baby livers, to name just a few of the combinations. For crying out
loud, this is the Amazon.com of baby body parts. It is outrageous. It
is disgusting. It is a very disturbing practice that has been tucked
away and out of sight for too long.
The CEO of StemExpress told one undercover journalist over lunch and
a glass of wine that some of the buyers' lab techs ``freak out and have
meltdowns'' when they see little baby hands and little baby feet
attached to an order of limbs. So she makes sure her techs cut off the
hands and the feet before shipping off boxes of these body
[[Page H7088]]
parts. It is this callous, dark talk that has so many Americans
concerned with the state of research in our country.
The select panel is proud to support lifesaving ethical research,
but, like the rest of America, my colleagues and I know that ethical
boundaries do exist, and I hope StemExpress' research will cease to
come at the expense of unborn children who have had no say in the so-
called donation of their body parts. Many years from now, we will look
back on this practice as a dark and horrible time where humanity and
human dignity lost to financial profits. We must end this horrific
practice. I urge support for this resolution.
Ms. SCHAKOWSKY. Madam Speaker, I yield 2 minutes to the gentleman
from New York (Mr. Nadler), the distinguished member on our team of the
select panel.
Mr. NADLER. I thank the gentlewoman for yielding.
Madam Speaker, from start to finish, this select panel has abused
congressional power in order to intimidate and threaten private people
and entities engaged in legal businesses in constitutionally protected
health care.
Republicans on the select panel have now spent $1.5 million on this
so-called investigation. What do they have to show the American people
for spending their hard-earned tax dollars? They have not presented any
evidence that any entity broke the law surrounding fetal tissue
donation or research. They have not presented any evidence that any
entity or physician engaged in the horrifying behavior of which
Republicans accuse them. We have heard today on this floor, as we have
repeatedly from the select panel, the oft-proven lies that Planned
Parenthood sold fetal tissue for profit. We have heard the lie that the
clearly doctored and disproven videotapes bore some relationship to
reality.
{time} 1500
We have heard today on this floor, as we have repeatedly from the
select panel, the oft disproved lies that Planned Parenthood sold fetal
tissue for profit. We have heard the lie that the clearly doctored and
disproved videotapes bore some relationship to reality. We have heard
the disproved lie that StemExpress procured fetal tissue not for
lifesaving medical research, but for profit.
The Republicans have wasted countless hours and millions of dollars
running in circles after evidence that doesn't exist. They have
insisted over and over again that entities name names, with no promise
or plan to protect those individuals; and when asked to explain why
they needed names, they simply refused to answer. When Republicans on
the panel did get names, they released some of them publicly, even
though they knew that doing so would expose the doctors, researchers,
and other private individuals to harassment, threats, and even murder.
The Republicans on the panel have repeatedly made baseless
accusations of wrongdoing, with no concern for the consequences. They
have had a chilling effect on lifesaving medical research through their
intimidation tactics. They have flown in the face of congressional
rules and abused congressional power to meet their own blatantly
partisan ends. And now the Republicans on the select panel have the
audacity to ask for more taxpayer money to fund this witch hunt.
In words once addressed to the last Member of Congress to so clearly
violate congressional authority, Senator Joseph McCarthy, I ask my
Republican colleagues: ``At long last, have you no sense of decency?''
I call on all of my colleagues today to remember their decency. This
grotesque and murderous panel should have been shut down long ago. Vote
against the previous question, vote against this absurd funding bill,
and stand up for the American taxpayer and for the dignity of this
institution.
Mr. HARPER. Madam Speaker, I yield 3 minutes to the gentlewoman from
Tennessee (Mrs. Black).
Mrs. BLACK. Madam Speaker, one of the striking discoveries we have
made in this investigation has been the sheer number of laws implicated
by the troubling actions of abortion providers, tissue procurement
businesses, and researchers. One such law is the HIPAA privacy rule.
The panel's investigation uncovered a series of business contracts
between StemExpress, which is a tissue procurement business that is not
covered by HIPAA, and several abortion clinics that are. StemExpress
paid fees to the abortion clinics for fetal tissue and maternal blood
and then resold the fetal tissue and the blood to researchers.
Here is a quick HIPAA privacy tutorial:
The HIPAA privacy rule protects all individually identifiable health
information, known as protected health information, or PHI, that is
held or transmitted by a covered entity. This information identifies an
individual or can reasonably be believed to be useful in identifying an
individual, such as a name or an address, and includes demographic data
related to her physical or mental health, condition, treatment, and
payments.
The panel's investigation indicates that StemExpress and four
abortion clinics, including three Planned Parenthood locations,
committed systemic violations of a HIPAA privacy rule over a course of
about 5 years. The abortion clinics provided patients' private,
protected health information to StemExpress to help them obtain human
fetal tissue for resale.
How did they do this? Well, the abortion clinics permitted the
employees of StemExpress to enter their clinics to obtain human fetal
tissue from the aborted infants, obtain protected health information
about their patients, interact with the patients, and, yes, even seek
and obtain patient consent for the tissue donation.
StemExpress did not have a medically valid reason to see, and the
abortion clinics did not have a reason to disclose, the patients'
private information. Instead, the abortion clinics intentionally shared
patients' most intimate private information with StemExpress to
financially benefit StemExpress and the clinics.
The panel has made a referral of each of these entities to the
Department of Health and Human Services and has requested a swift and
full investigation by the HHS Office for Civil Rights. But more
importantly, we have discovered a deeply concerning violation of a law
that protects the most cherished privacy rights.
Ms. SCHAKOWSKY. Madam Speaker, I just find it so hypocritical that
the majority is talking about putting peoples' private names out into
the public when we have had people who have been attacked and lives
threatened as a result of them putting names out there.
Madam Speaker, I yield 2 minutes to the gentlewoman from Washington
(Ms. DelBene), another distinguished member of our select panel.
Ms. DelBENE. Madam Speaker, I rise in strong opposition.
This resolution provides an additional $800,000 of taxpayer money to
a select investigative panel that should never have been created in the
first place. As a member of that panel, I can tell you it has been
nothing more than a bully pulpit for the majority to spread extreme
anti-choice falsehoods and fabrications, with no basis in reality. This
so-called investigation has repeatedly shown contempt for the facts and
disdain for the truth.
Instead of carrying out a fair and evidence-based process, the panel
has spent the last year publicly targeting women's healthcare
providers, bullying scientists and medical students, delaying medical
research, and trying to cut off lines of scientific inquiry, all
because the majority opposes a woman's constitutional right to choose.
Now we are voting to double the panel's budget. It is ridiculous. No
one in this Chamber should be condoning this kind of harassment and
intimidation, let alone approving hundreds of thousands of additional
taxpayer dollar to do so. This has been a brazenly partisan and
ideological witch hunt, and it should have been shut down months ago.
Rather than wasting another $800,000 on this dangerous panel,
Congress could use that money to provide more than 270,000 school
lunches to low-income students, purchase nearly 12,000 textbooks to
make higher education more affordable for college students, or purchase
more than 3 million diapers to help new mothers care for their babies.
But instead, that money will go toward intimidating doctors, harassing
researchers, and delaying the progress of science. It is shameful.
[[Page H7089]]
We shouldn't throw good many after bad by passing this legislation. I
urge my colleagues to vote ``no.''
Mr. HARPER. Madam Speaker, I yield 3 minutes to the gentleman from
Indiana (Mr. Bucshon), who is a medical doctor.
Mr. BUCSHON. Madam Speaker, this is about infant lives, but I would
like address what else it is about. It is about science and research.
The other side seems to only want to focus on politics and scare
tactics.
From the beginning, we recognized the other side would try to avert
attention from our investigation by falsely claiming we are opposed to
science. As a doctor, I find that offensive, and I think it is a
dangerous practice to introduce fear into important scientific debates.
Every member of the panel is committed to medical research that finds
cures. The rhetoric that we are opposed to cures for Zika, HIV,
Alzheimer's, or Parkinson's is just ridiculous and wrong.
The United States of America is a global leader in scientific
research. We should all be proud of the research enterprise in our
country and support it with tax dollars. The House Select Panel on
Infant Lives shares this support. We are strongly committed to
promoting both basic and clinical research.
The goal of the House select panel is not to oppose science but,
rather, to determine how best to support science so that this important
work can advance as rapidly as possible without ethical compromise. As
the history of biomedical research in the 20th century clearly
demonstrates, when scientific research is separated from ethics or the
law, grave injustice can occur.
We here in Congress, like the rest of Americans, care deeply about
protecting the rights of patients and ensuring ethical oversight of
research procedures. These are not meant to ``hinder'' advances in
science but, rather, to ensure that the scientific enterprise more
perfectly fulfills its promise to society by advancing in a manner that
is both just and ethical.
Through the panel's investigation, we have discovered inaccuracies
about the role of human fetal tissue and have sought to correct them to
realistically address the obstacles facing research.
Any argument from the 1950s--or even the 1990s, for that matter--
about biomedical research is outdated, and the actual record is clear:
human fetal tissue did not directly result in a vaccine for diseases
like measles. Similarly, the Nobel Prize was not awarded for curing
polio using human fetal tissue. In fact, of the 75 vaccines in use
today, not one was produced using fetal tissue.
Furthermore, the NIH has not funded fetal tissue transplant grants
for nearly 10 years. That should tell us something. We examined 30
major grants that were funded by the NIH over the last 5 years and
found that human fetal tissue research represents only a tiny fraction
of the overall scientific enterprise. In fact, only 0.2 percent used
human fetal tissue.
Hysterical calls for enhanced fetal tissue research through expanded
abortion licenses are a matter of politics, not medicine or science. A
small subset of NIH-funded grants use fetal tissue to study things like
birth defects. These types of grants represent only 1 in 100,000.
The SPEAKER pro tempore. The time of the gentleman has expired.
Mr. HARPER. Madam Speaker, I yield the gentleman an additional 1
minute.
Mr. BUCSHON. Tissue or cells for these studies could be derived from
another source than aborted babies, like premature natural demise
infants whose parents are willing to donate. The other grants use fetal
tissue when alternatives are easily available, like placenta, cord
blood, or modified adult stem cells.
Some grants even study adult macular degeneration. Research on adult
macular degeneration should be conducted on adult donor eyes, but these
grants are instead using fetal eyes from aborted infants--not because
of science, but because of convenience.
Madam Speaker, I know these things can be uncomfortable to discuss,
but that is why the other side wants to avoid the facts and that is why
this debate is so important. It is about conducting medical research in
an ethical and just manner. So let's sit down and talk science with the
NIH and others so that research works for everyone in an ethical and
moral way.
Mr. HARPER. Madam Speaker, may I inquire as to how much time is
remaining?
The SPEAKER pro tempore. The gentleman from Mississippi has 14
minutes remaining, and the gentlewoman from Illinois has 21\1/2\
minutes remaining.
Ms. SCHAKOWSKY. Madam Speaker, I yield 2 minutes to the gentlewoman
from New Jersey (Mrs. Watson Coleman).
Mrs. WATSON COLEMAN. Madam Speaker, I am disappointed that we are
here today asking the American taxpayers to waste another $800,000 on
an unnecessary, dangerous investigation.
This select panel was formed based on fraudulent videos created by
anti-abortion extremists to attack Planned Parenthood, an organization
that has always fought for women's rights and provides healthcare
services to 3 million women and men each year.
I was proud to be the first Member of Congress to speak out against
these videos immediately after their release. And here we are, a year
and a half later, with no evidence of wrongdoing after 17 separate
investigations in three House committees, 13 States, and one grand
jury. Yet Republicans continue to chase false, inflammatory
allegations, at a severe cost to advances in medicine and to the safety
of those involved in this lifesaving research.
Panel Republicans have conducted themselves in ways reminiscent of
Joe McCarthy's abusive tactics: witnesses have been harassed and
intimated during testimony; names of researchers, students, clinical
personnel, and doctors have been released publicly, placing their lives
in great danger; misleading ``exhibits'' have been manufactured;
critical documents have been withheld from Democrats; and Republicans
have continued to fan the flames of anti-abortion extremism with their
inflammatory rhetoric.
Let us not forget the horrible tragedy that occurred in a Colorado
Planned Parenthood clinic where a gunman shot 12 people and killed 3,
echoing the same anti-abortion rhetoric used by Republicans to this
day.
What this investigation truly is is an attack on women's rights and
women's access to legal health services. The select panel comes at a
time when Republicans have repeatedly voted to defund Planned
Parenthood, eliminate family planning services, and restrict access to
abortions.
This investigation dishonors this institution and hurts the American
people that Congress is elected to serve. Let's put an end to the witch
hunt, stop wasting taxpayer dollars, and reject this resolution.
{time} 1515
Mr. HARPER. Madam Speaker, I yield 3 minutes to the gentlewoman from
Missouri (Mrs. Hartzler).
Mrs. HARTZLER. Madam Speaker, the Select Investigative Panel on
Infant Lives investigation has uncovered many valid concerns and
potential law violations that are disturbing, horrific, and
unacceptable.
In the course of our investigation, we discovered a hardness, a
callousness, and a track record of deceptive tactics that some abortion
clinics and fetal tissue procurers exercised toward vulnerable women.
It is difficult to imagine a more vulnerable time in a woman's life
than when she is considering an abortion.
What if, during that time, the woman is lied to and told that, by
having an abortion, she will facilitate research that will cure tragic
diseases?
This is exactly the type of concern that our panel addressed during
our hearing on bioethics and fetal tissue. During that hearing, I
shared a consent form widely used by abortion clinics to obtain a
mother's consent to donate fetal tissue. And the form stated that
research using the blood from pregnant women and tissue that has been
aborted has been used to treat and find a cure for such diseases as
diabetes, Parkinson's Disease, Alzheimer's disease, cancer, and AIDS.
This is clearly false.
The witness, who is an ethics expert, agreed and he said that the
idea of promise of cures found in the form was a ``very powerful
motivator.'' He also expressed concern that the scientific community's
standards for fetal tissue donation are absent in that consent
[[Page H7090]]
form, saying, ``the thoroughness of the consent seems to be missing in
this form.''
A researcher for the minority testified during the hearing. He also
agreed, stating the form would not have made it past his institutional
review board. Yet, this is what is being used in abortion clinics with
vulnerable women.
In other words, the testimony provided by both of the witnesses from
the majority and the minority raised concerns that the principles
embodied in ethics reports, and later incorporating the Federal
regulations, are not being followed by abortion providers seeking
consent for the donation of human fetal tissue.
We must raise this awareness, make sure people know, and make sure
that women are protected.
Ms. SCHAKOWSKY. Madam Speaker, I yield 2 minutes to the gentlewoman
from Colorado (Ms. DeGette), not only someone who has been such a
stalwart for women's rights and reproductive rights, but the co-chair
of the Pro-Choice Caucus in the House of Representatives.
(Ms. DeGETTE asked and was given permission to revise and extend her
remarks.)
Ms. DeGETTE. Madam Speaker, so this panel was supposed to be set up
to investigate the alleged sale of fetal tissue, which is illegal under
current law. That didn't turn out so well.
So now, as you can hear from the other side of the aisle, they are
going after fetal tissue research itself, something that has been legal
and used in an ethical way since the 1930s, something which has been
used to find most vaccines and other cures for diseases in this
country, something which a panel appointed by President Ronald Reagan,
found unanimously in 1980 to be ethical.
So I want to ask, Madam Speaker, what the heck are we being asked to
spend another $800,000 on?
The total funding for this witch hunt and this reckless endeavor is
now more than $1.5 million. We have gone after women and punished them.
We have gone after medical professionals and put their lives at risk,
like what happened in my neighborhood of Colorado Springs, Colorado. We
have put doctors and researchers on the line, and we have had a
chilling effect on important biomedical research.
I say enough is enough. We need to disband this select committee. We
need to continue to make sure that we have ethical medical research in
this country because, frankly, that will lead to the cures that affect
diseases that affect millions of Americans.
Mr. Speaker, from its start, the Select Panel has been nothing but a
partisan witch hunt. The apparent goal of the Select Panel is to punish
and intimidate women medical professionals and researchers who are
following the law. Through wanton use of subpoenas, inflammatory
language and release of private information--including addresses and
phone numbers where those wishing to harass health care providers can
find them--the Select Panel as put many, many people at risk. It has
also threatened life-saving research and health care that these people
provide.
Make no mistake: this threat is very real. Clinics are picketed and
fire-bombed, doctors and their families are targeted at their homes,
and some have even been murdered.
Furthermore, the Select Panel is trying to force universities and
clinics to turn over the names of their researchers, graduate students,
lab and clinic staff and doctors--for no legitimate congressional
reason. Not since Joe McCarthy have we seen such abusive pressure
tactics to ``name names.''
The Select Panel is acting as judge, jury, and executioner and
endangering lives. It is time for Speaker Ryan to disband this panel--
rather than let it gorge even more on taxpayer funds.
Like the seventeen investigations that preceded it, the Select Panel
has found no evidence of wrongdoing by Planned Parenthood, other
providers, researchers or the companies that facilitate life-saving
research and health care for women.
The Washington Post editorial board called on Speaker Ryan to disband
the Select Committee months ago, noting that it ``has issued
indiscriminate subpoenas, intimidated witnesses and relied on
misleading information. It is abusing power at taxpayer expense, and
Democrats are right to demand its shutdown.'' The paper added, ``There
is no legitimate reason for this inquiry.''
The Select Panel is a waste of funds, an attack on women's rights, a
danger to life-saving medical research and an abusive use of
Congressional power for mere partisan gain.
So Mr. Speaker, I say enough with the smear campaigns, fishing
expeditions and endless stream of subpoenas. Congressional bullying to
frighten women out of exercising their rights, and to drive researchers
and healthcare providers out of business, has to stop.
We in the minority have long called for the Select Committee to be
disbanded before it does any more damage. I look forward to closing
this shameful chapter in Congressional history at the end of this year.
Mr. HARPER. Madam Speaker, I yield 3 minutes to the gentleman from
Maryland (Mr. Harris), who is also a medical doctor.
Mr. HARRIS. Madam Speaker, I am glad the gentlewoman talked about the
need for ethical medical research because one of our panel's
accomplishments is to show how StemExpress undermined the very
foundations of ethical American scientific research.
First, Federal regulations require researchers to obtain informed
consent from each person used as a subject. The basic element of
informed consent includes a detailed explanation of the purposes of the
research for which tissue is being obtained. StemExpress, as we found,
simply did not follow that requirement.
HHS regulations also require that in obtaining consent, researchers
``minimize the possibility of coercion or undue influence.'' Well,
StemExpress documents that we uncovered shows that its employees were
already promising to deliver baby body parts even before the abortions
were performed. That raises serious concerns that there may have been
coercion or undue influence on women to donate parts of their aborted
babies.
Now, second, Federal regulations require that all research that
involves human subjects needs approval from an institutional review
board, or IRB. As a medical researcher, I had to file IRB applications
and receive IRB approval from my university's IRB.
Now, it turns out that StemExpress received their IRB approval from a
company called BioMed IRB, a California firm that is basically an
online, mail order IRB that the Federal Government actually barred for
2 years because they violated FDA rules in granting their IRB approval.
The FDA gave the panel its file on BioMed IRB. Madam Speaker, that
file literally was more than a foot high.
HHS regulations require IRBs to ``prepare and maintain adequate
documentation'' of their activities, including: copies of all research
proposals reviewed, records of continuing review activities, and copies
of all correspondence between the IRB and the investigators, in this
case, StemExpress' founder and CEO, Cate Dyer.
Now, the panel subpoenaed BioMed IRB for all documents related to its
approval of StemExpress' research protocol. BioMed IRB's executive
director informed the panel that, in regards to those records, ``there
are none.'' In other words, BioMed clearly violated Federal regulations
on IRBs.
The head of BioMed went further. He told the panel to just bring on a
contempt proceeding. That is the IRB StemExpress used. That says a lot
about StemExpress' motives and it says a lot about the accomplishments
of the select panel. None of these shameful practices would have been
discovered if not for the panel's investigative work this year.
As a physician and researcher, I know that if I had used the same
shady tactics as StemExpress and BioMed IRB, at best, my research
reputation would be at risk and, at worst, I would be facing prison.
Ms. SCHAKOWSKY. Madam Speaker, I yield 1 minute to the gentlewoman
from Connecticut (Ms. Esty).
Ms. ESTY. Madam Speaker, I rise today in opposition to H. Res. 933,
legislation that would waste an additional 800,000 taxpayer dollars on
the partisan witch hunt against Planned Parenthood.
I learned from a young age the value of making quality reproductive
health care available to everyone. In the rural town I grew up in, too
many young women didn't have access to family planning services. Too
many got pregnant, dropped out of school, and never pursued their
dreams. That is why, in college, I volunteered with Planned Parenthood
to ensure legal access to the full range of safe family planning
services for all women.
So instead of funding a sham investigation, $800,000 could fund
lifesaving
[[Page H7091]]
breast exams, pregnancy tests, Pap smears, and ovarian cancer
screenings.
Today I stand with women and men across this country to speak out
against a baseless investigation, which has shamefully wasted tax
dollars to attack the very people who most need our help.
Mr. HARPER. Madam Speaker, I yield 3 minutes to the gentlewoman from
Utah (Mrs. Love).
Mrs. LOVE. Madam Speaker, my colleagues on the other side have said
that the three House Committee investigations related to the sale of
fetal tissue have produced nothing. Others have said that the State
Attorney General investigations have also looked into the matter and
have found nothing. They complain that this is a waste of time and they
complain that it is a waste of money.
First of all, there is so much that we don't know and the American
people don't know and still don't understand about this industry.
However, since the panel's investigation, we have uncovered alarming
revelations about the fetal tissue industry and, because of this, there
have been criminal and regulatory referrals. They have resulted in
numerous investigations around the Nation, and I will highlight eight
of these.
First, the panel discovered that the University of New Mexico was
violating their State's Anatomical Gift Act by receiving tissue from
late-term abortion clinics. This is currently being investigated.
Second, the panel made a forensic accounting analysis of StemExpress'
limited production and determined that they were profiting from the
sale of baby body parts. Now the El Dorado District Attorney and the
United States Department of Justice are investigating this.
Third, the panel learned that StemExpress and certain abortion
clinics were violating HIPAA privacy rights of vulnerable women for the
sole purpose of increasing and harvesting fetal tissue to make money.
Fourth, the panel discovered that an abortion clinic in Arkansas
violated State law when it sent tissue to StemExpress. This, too, is
under investigation.
Fifth, the panel discovered that a university in Ohio was trafficking
in baby body parts, an illegal act under Ohio State law.
Sixth, it was discovered that DV Biologics, another tissue
procurement company, was profiting from the sale of fetal tissue and
violated California State law. This case has been filed.
Seventh, recently the panel learned that Planned Parenthood of Gulf
Coast violated both Texas and U.S. law when it sold baby body parts to
the University of Texas.
Eighth, the panel also learned that Advanced Bioscience Resources
made a profit when it sold tissue to various universities.
As elected Representatives, we are tasked with oversight of our
government that enforces our laws. These eight referrals are proof of
potential criminal activity in the fetal tissue industry. They justify
the existence of the panel and their investigations.
The work of the select panel is not over. More referrals will come,
and we need to complete this process. Continued funding for the panel's
unfinished work is needed.
I urge my colleagues to support this resolution to fund the
investigative work and fulfill the obligations that we have to the
American people and the rule of law.
Ms. SCHAKOWSKY. Madam Speaker, let me just say that bogus referrals
do not a conviction make, and that StemExpress had offered many times
to come in with its procurement officers and answer all the questions.
They were denied that.
Madam Speaker, I yield 1 minute to the gentlewoman from Massachusetts
(Ms. Clark).
Ms. CLARK of Massachusetts. Madam Speaker, I thank the gentlewoman
for yielding.
Republicans today are asking us to spend more than $1.5 million to
conduct a radical, dangerous inquisition that targets and intimidates
private citizens.
To satisfy their seemingly unquenchable obsession with rolling back
women's reproductive rights and access to basic health care, this
overreaching panel recklessly has demanded names, and interferes in the
lives of law-abiding students, scientists, and researchers whose
private lives and jobs have been turned upside down by their own
government.
What do we have to show for this display of government abuse?
Absolutely nothing. In fact, it is worse than nothing.
Today, they are invoking institutional responsibility to ask the
taxpayers to foot a bill for $800,000 of their own cost overruns. This
is money that could have been used to help families, feed the hungry,
help our veterans and military families, and go toward education.
I urge my colleagues to reject this dangerous abuse of power and
taxpayer funding.
Mr. HARPER. Madam Speaker, I yield 3 minutes to the gentleman from
Wisconsin (Mr. Duffy).
Mr. DUFFY. Madam Speaker, I thank the gentleman from Mississippi for
yielding.
Let's be really clear about what this is about. This is about
following the law. We negotiate, we vote, we pass laws, the President
signs them, and they should be enforced. That is what this conversation
is about, Madam Speaker.
StemExpress has thumbed its nose against the select investigative
panel and obstructed our efforts to bring light to the fetal tissue
procurement industry.
{time} 1530
Nearly a year ago, the panel requested information from StemExpress
regarding where they procured their fetal tissue, whom they distributed
the fetal tissue to, any communications instructing the company's
employees to procure fetal tissue, and all accounting records and
banking records related to fetal tissue.
StemExpress, in response to that request, has given us none--zero--no
document. So to compel StemExpress to provide the panel with this
information, the panel issued the company a subpoena. Instead of
complying with the subpoena, StemExpress only turned over limited
information to the panel, and the information that they turned over to
us was so heavily redacted that it was completely useless for
investigative purposes.
To date, the select panel has not received a single accounting or
bank record from StemExpress. So they have failed to comply with our
requests and our subpoenas in violation of the law.
If StemExpress is within the limits of the law, if nothing is illegal
or immoral, then why does StemExpress refuse to turn over all the
documents that our panel has requested? Opening your accounting records
to a congressional panel shouldn't be that difficult.
StemExpress has had plenty of time to get their act together and
provide us with the requested documents that we have asked for. Other
organizations that we have reached out to and made the same requests to
have turned over the documents in a pretty timely fashion.
For failure to comply with our subpoenas, this panel has recommended
the House hold Cate Dyer, the CEO of StemExpress, in contempt of
Congress.
Despite StemExpress' best efforts to stonewall this investigation,
the panel did find out the name of StemExpress' bank which we
subpoenaed. The bank provided us with StemExpress' banking records. So,
again, StemExpress won't give us the records, but we got them from the
bank.
We now know why StemExpress was hiding these documents. The banking
records reveal that StemExpress may have been shredding documents that
were directly related to this panel's investigation. The bank records
show that payments were made to a shredding company--a shredding
company. We looked back at all the records we sought from StemExpress
back to 2012, and there is no payments to a shredding company. But when
this panel started its investigation and when we started asking for
documentation, guess what? You have bank records that show they hired a
shredding company. Why hire a shredding company when we were starting
our investigation?
The SPEAKER pro tempore. The time of the gentleman has expired.
Mr. HARPER. Madam Speaker, may I inquire as to how much time is
remaining.
The SPEAKER pro tempore. The gentleman from Mississippi has 3 minutes
remaining. The gentlewoman from Illinois has 16 minutes remaining.
[[Page H7092]]
Mr. HARPER. Madam Speaker, I yield the gentleman an additional 1
minute.
Mr. DUFFY. Madam Speaker, there is no cause and no reason why
StemExpress would allegedly shred these documents. We both know on both
sides of the aisle--though we may have a disagreement on this issue--
that when this Congress sends a lawful request to an institution, they
are required to provide the documents that are requested. Both sides of
the aisle know that when we send a subpoena, those who are subpoenaed
are required to provide those documents to us.
So if StemExpress has failed to comply with these requests and these
subpoenas, and if they are willing to violate the law in regard to
subpoenas to hide information, the question becomes: What laws are they
willing to violate in regard to the sale of baby body parts? I think
that question deserves to be answered by StemExpress, by this
institution, and for the American people.
So I would ask support for this additional funding to complete this
investigation and provide documentation to this country and to this
House about what has been taking place in regard to the procurement and
sale of fetal tissue.
1. Date of Congressional Action: August 7, 2015.
a. Event: Energy & Commerce Committee letter to StemExpress
requesting a briefing.
b. Date of StemExpress Payment to Shred-It Us: August 13,
2015.
2. Date of Congressional Action: August 21, 2015.
a. Event: StemExpress briefing to Energy & Commerce
Committee.
b. Date of StemExpress Payment to Shred-It Us: August 13,
2015.
3. Date of Congressional Action: September 17, 2015.
a. Event: Senate Judiciary Committee document request
letter to StemExpress.
b. Date of StemExpress Payment to Shred-It Us: September
29, 2015; November 10, 2015; December 10, 2015.
4. Date of Congressional Action: December 17, 2015.
a. Event: Select Investigative Panel document request
letter to StemExpress.
b. Date of StemExpress Payment to Shred-It Us: January 12,
2016.
5. Date of Congressional Action: January 15, 2016.
a. Event: StemExpress first production in response to
Select Panel document request letter.
b. Date of StemExpress Payment to Shred-It Us: January 12,
2016.
6. Date of Congressional Action: February 9, 2016.
a. Event: StemExpress production in response to Select
Panel document request letter.
b. Date of StemExpress Payment to Shred-It Us: January 27,
2016.
7. Date of Congressional Action: February 12, 2016.
a. Event: Select Panel Subpoena to StemExpres.
b. Date of StemExpress Payment to Shred-It Us.
8. Date of Congressional Action: March 28, 2016.
a. Event: StemExpress production in response to Panel
subpoena.
b. Date of StemExpress Payment to Shred-It Us: March 21,
2016.
9. Date of Congressional Action: May 10, 2016.
a. Event: StemExpress production in response to Panel
subpoena.
b. Date of StemExpress Payment to Shred-It Us: April 26,
2016.
Ms. SCHAKOWSKY. Madam Speaker, I yield 1 minute to the gentleman from
Pennsylvania (Mr. Evans) who is a new Member. He has served over three
decades in the Pennsylvania legislature and now has joined us.
Mr. EVANS. Madam Speaker, I would like to thank the gentlewoman from
Illinois.
In the short 2 weeks that I have been here, Madam Speaker, I have
observed a lot of interesting things take place. But what I especially
have observed at this particular point, Madam Speaker, is that the
American taxpayers shouldn't be asked to spend another $800,000 on an
unnecessary and dangerous selective investigation.
Don't take my word, Madam Speaker, look at the aspect of quotes from
around the United States.
The Tennessean: ``Right now, the panel is creating the perception
that it is embroiled in a wild goose chase.''
The New York Times: ``Neither the videos nor the many investigations
that followed have found any evidence that Planned Parenthood offered
to sell fetal tissue for a profit.''
``Elected officials should not use the power of the office to
intimidate citizens who hold different points of view.''
The New York Times: ``Nor is there any reason to conduct this
investigation . . . Republicans are pointlessly attacking a practice
that could save lives and, in the process, potentially putting
researchers' lives at risk.''
The Hill: ``The committee is abusing its power and the effect is very
troubling for researchers and patients alike.''
The SPEAKER pro tempore. The time of the gentleman has expired.
Ms. SCHAKOWSKY. Madam Speaker, I yield the gentleman an additional 1
minute.
Mr. EVANS. The fact is Planned Parenthood does not sell fetal tissue
for profit and never has. A Republican-led House panel is undeterred
and conducting its own investigation and, more accurately, witch hunt.
Even more troubling is the considerable time and money that will be
wasted on this political damage to health care and medical research.
Madam Speaker, this is not needed. We should be against it.
Ms. SCHAKOWSKY. Madam Speaker, I yield 1 minute to the gentlewoman
from California (Ms. Judy Chu).
Ms. JUDY CHU of California. Today, Republicans are asking taxpayers
to spend $800,000 to cover for their mistakes. The select panel to
investigate Planned Parenthood, which was created based on lies spread
by anti-abortion extremists, has already overspent the $1 million this
Republican Congress has allocated them with no real findings. Now they
want to continue their attack on women and Planned Parenthood. This is
outrageous.
This select panel--along with 13 States, three House committees, and
a Texas grand jury investigation--has found no wrongdoing on the part
of Planned Parenthood. It is clear that, after over a year of
investigations, Republicans are not seeking truth or better policy.
Instead, this panel has released confidential documents to the
public, compared researchers to Nazi war criminals, and exposed doctors
and researchers to harassment and violence. We cannot continue to fund
this fruitless witch hunt that endangers our researchers and slows
important medical discoveries.
I strongly oppose this committee and urge my colleagues to vote
``no.''
Mr. HARPER. Madam Speaker, may I inquire as to how many additional
speakers the minority may have?
Ms. SCHAKOWSKY. Madam Speaker, we have six additional speakers and
still, I think, some additional time beyond that.
Mr. HARPER. Madam Speaker, I yield 1 minute to the gentleman from
Pennsylvania (Mr. Rothfus).
Mr. ROTHFUS. Madam Speaker, I rise today in support of this
resolution. The Select Investigative Panel on Infant Lives has been
investigating potential violations of the Federal law that makes it
illegal to sell fetal tissue--that is body parts--for profit. The
evidence reveals appalling practices. For example, on video, we saw a
Planned Parenthood doctor talking about doing ``less crunchy'' types of
abortion. That was to make sure they had intact body parts to sell.
The gruesome practices the panel discovered shocked the conscience.
Where does this end?
Consider this: It was startling to learn that the University of New
Mexico had a summer camp program in which students dissected the brains
of unborn children. According to documents obtained by the panel, the
university ordered from a late-term abortion doctor ``whole, fixed
brains to dissect with summer camp students.''
Think about that. We are talking about students--teenagers--
dissecting the brains of someone within the age group of their own
siblings. What barbarity are we teaching our children? How seared have
our consciences become?
The select panel must move forward with its investigation into these
alarming violations of law and assaults on human dignity and
conscience.
Ms. SCHAKOWSKY. Madam Speaker, I yield 1 minute to the gentleman from
California (Mr. Ruiz) who is a doctor.
Mr. RUIZ. Madam Speaker, I rise in strong opposition to H. Res. 933.
I oppose funding for the select panel to attack and intimidate women's
health care.
The select panel is a baseless committee formed with no regard to the
[[Page H7093]]
facts or evidence of this case. In fact, the creators of the
purposefully doctored and highly manipulated videos that they
consistently bring up that this investigation is based on have been
indicted on criminal felony charges, and we should be investigating
their legal practices instead. Continuing to fund this panel is a
disgrace, and this investigation must cease immediately.
Instead of taking action that would improve the lives of women and
families across the country, this panel continues to chase baseless
allegations.
As an emergency physician, I am exceptionally disappointed. The
reckless work of the panel puts women's reproductive rights in jeopardy
and threatens to undo the progress we have made over the last 40 years.
It is also a complete waste of taxpayer money.
I stand in strong opposition to this resolution and call on this
panel to be disbanded. Let's take real action to improve the health and
well-being of this country.
Ms. SCHAKOWSKY. Madam Speaker, I yield 1 minute to the gentlewoman
from Wisconsin (Ms. Moore) who is my friend.
Ms. MOORE. Madam Speaker, I thank the gentlewoman from Illinois.
Madam Speaker, I rise today in strident opposition to H. Res. 933.
Madam Speaker, we have heard so much about fake news lately, and now
we are being asked for taxpayer funding for fake congressional
committees. This resolution provides another 800,000 taxpayer dollars
to the Republicans' ongoing hatchet job against Planned Parenthood. We
already know the facts on the faked Planned Parenthood videos and the
unethical videographer. The fake committee's only goal is to create
Orwellian unfacts.
So far, this fake committee has found no wrongdoing by Planned
Parenthood or their doctors. Of course, this panel knows that they
wouldn't find anything because Planned Parenthood has been cleared of
wrongdoing 17 times by three different House committees, 17 State
investigations, and a grand jury.
Now, despite all this, Republicans want to waste more taxpayer
dollars.
The SPEAKER pro tempore. The time of the gentlewoman has expired.
Ms. SCHAKOWSKY. Madam Speaker, I yield the gentlewoman an additional
30 seconds.
Ms. MOORE. Madam Speaker, despite all this, Republicans want to waste
more taxpayer dollars for their smear campaign, money that could be
used on meaningful measures to reduce infant mortality, feed hungry
children, or improve early childhood education. What we really need to
get to the bottom of is: What will it take to get Republicans to get
the target off women's backs?
Do that, and we might actually make some progress.
Ms. SCHAKOWSKY. Madam Speaker, I yield 1 minute to the gentleman from
Michigan (Mr. Kildee).
Mr. KILDEE. Madam Speaker, I thank my friend and colleague for her
leadership and for yielding.
Let's just be clear. We know what this is. This is yet another
attempt to fund with Federal taxpayer dollars a Republican messaging
effort to attack Planned Parenthood.
More than 2.5 million people--2.5 million women--every year rely on
Planned Parenthood for lifesaving cancer screenings and for other
health services. We have important legislative work to do, and we ought
not be using taxpayer dollars to fund this effort which has clearly
been described in all sorts of lofty tones but is essentially a
political witch hunt after an organization that provides essential
services to women.
The majority cannot deny the chilling effect that this effort has had
on medical research. It has already been revealed that this is also an
attack on stem cell research. You just have to listen to the debate.
The SPEAKER pro tempore. The time of the gentleman has expired.
Ms. SCHAKOWSKY. Madam Speaker, I yield the gentleman an additional 30
seconds.
Mr. KILDEE. We need to make sure that we are pursuing scientific
research to fight diseases like diabetes, like Alzheimer's, and like
multiple sclerosis, a disease my wife, Jennifer, has been fighting for
18 years.
{time} 1545
We are one of those families that, when we hear about medical
research and we hear about stem cell research, in particular, our ears
perk up because we know there is hope in that research.
This effort--no matter what anybody wants to say, it is well
documented--has had a chilling effect on that medical research, and we
ought to shut this down.
Mr. HARPER. Madam Speaker, I continue to reserve the balance of my
time.
Ms. SCHAKOWSKY. Madam Speaker, I yield 1 minute to the gentleman from
Florida (Mr. Deutch).
Mr. DEUTCH. Madam Speaker, I thank my friend, the gentlewoman from
Illinois (Ms. Schakowsky) for yielding.
Madam Speaker, it is time to move on from this dangerous, partisan,
and wasteful investigation into Planned Parenthood. This case is
closed--after investigations with 13 States, three House committees,
and a Texas Grand Jury that found no wrongdoing by Planned Parenthood.
The majority wants $1.5 million from the American taxpayers to fund
this dangerous sham when they know that they will never find evidence
of wrongdoing by Planned Parenthood.
But the evidence doesn't matter, Madam Speaker. The majority knows
that, if they keep this farce in the headlines, it will do real damage
to women seeking health care. They know that it will feed fake news
sites on the Internet. They know that it will block women from
exercising their constitutional rights. And they know that it will
unfairly harass women's health clinics. Madam Speaker, they know that
this will put abortion providers and their staff in danger.
This panel serves no true investigatory purpose. It is a political
tool. It is a disgrace.
I urge my colleagues to vote ``no.''
Mr. HARPER. Madam Speaker, I continue to reserve the balance of my
time.
Ms. SCHAKOWSKY. Madam Speaker, if I could inquire how much time I
have left.
The SPEAKER pro tempore. The gentlewoman from Illinois has 8\1/2\
minutes remaining.
Ms. SCHAKOWSKY. Madam Speaker, I yield 1 minute to the gentlewoman
from California (Ms. Lee).
Ms. LEE. Madam Speaker, I thank Congresswoman Schakowsky for yielding
and for her tremendous leadership on this issue and so many issues that
affect women.
I rise in strong opposition to H. Res. 933, which is nothing more
than a politically motivated resolution. It would shamefully--
shamefully--provide an additional $800,000 to the select investigative
panel to so-called investigate Planned Parenthood and attack women's
health.
Republicans are asking for more money to continue their baseless
attacks to undermine medical and scientific research and intimidate and
harass providers. How outrageous. Let's be clear. This is yet another
attempt to deny women, especially low-income women, access to health
care.
There have been multiple hearings and there have been committee
investigations, none of which have resulted in any evidence of
wrongdoing by Planned Parenthood, doctors, or researchers.
Madam Speaker, this resolution and the absurd select panel
investigation amounts to nothing more than a witch hunt. Instead of
wasting millions of taxpayer dollars on this smear campaign, we should
be fully investing in women's health and childcare.
I urge my colleagues to vote ``no'' on this dangerous resolution and,
instead, call for an end of the select panel to attack women's health.
Mr. HARPER. Madam Speaker, I continue to reserve the balance of my
time.
Ms. SCHAKOWSKY. Madam Speaker, I yield 1 minute to the gentlewoman
from Florida (Ms. Frankel).
Ms. FRANKEL of Florida. Madam Speaker, I join my Democratic
colleagues in opposing funding for a legislative panel that, instead of
protecting, is jeopardizing life. Just ask the wife and 4 children and
10 grandchildren of George Tiller, a good doctor, who, while attending
church, was shot dead by an anti-abortion extremist. His loved ones
know the tragic consequences of having a target on one's back. And what
this panel is doing is funding and creating new targets.
Reports naming names with bogus accusations; every day, clinics
dealing
[[Page H7094]]
with social media threats, bomb scares, harassment. We are playing
deadly politics here, endangering lives and halting lifesaving medical
breakthroughs. Enough is enough.
I urge my colleagues to oppose this resolution.
Mr. HARPER. Madam Speaker, I continue to reserve the balance of my
time.
Ms. SCHAKOWSKY. Madam Speaker, I yield myself such time as I may
consume.
I just want to say a few things before yielding to the gentleman from
Pennsylvania (Mr. Brady).
We have heard a lot of accusations against certain businesses, et
cetera, and institutions, and the Republicans have selectively and
repeatedly released documents and letters, including a so-called
criminal referral to the New Mexico attorney general, to the press
before sending them or sharing them with Democrats. This is clearly a
political move.
They have also manufactured their own misleading so-called exhibits
and withheld documents and information from Democrats in violation of
the House rules. They have abused their power throughout the whole time
and should now not be allowed to continue to get any more money for
this panel.
Madam Speaker, I urge my colleagues to defeat the previous question.
If we defeat the previous question, I would offer an amendment to the
resolution that would abolish the select panel instead of funding it.
Let's be done with this once and for all.
Madam Speaker, I yield the remainder of my time to the gentleman from
Pennsylvania (Mr. Brady).
Mr. BRADY of Pennsylvania. Madam Speaker, I also urge my colleagues
to vote ``no'' on H. Res. 933.
I reserved a little bit of my time because I thought that this would
be the last time that our chairman, Candice Miller, would be here
orchestrating the resolution. Instead we got my dear friend, Mr.
Harper. That is okay. We will take the second.
Candice Miller is going on to other things, and we wish her well. She
is on other endeavors, and it is bittersweet. The sweetness is that she
is leaving here and going home. The bitterness is that she is leaving
here and going home. She has been a great chairman. We have had the
pleasure of working together. We agreed 99.9 percent of the time.
Without question, she was the classiest lady--without question, the
classiest person, not only the classiest lady--in this institution.
Again, I wish her well. And whatever I can do--if I am ever in
Michigan, I am going to stop to see her; if she is ever in
Philadelphia, she can come to see me; and if she comes back here, I
would love to see her again.
Ms. SCHAKOWSKY. Madam Speaker, I reserve the balance of my time.
Mr. HARPER. Madam Speaker, I yield myself such time as I may consume.
I share that admiration for Candice Miller, who will be leaving at
the end of this term. It has been great to see the working relationship
that Mr. Brady and Mrs. Miller have had together on the Committee on
House Administration. It has been an excellent example of how this
place can operate.
Let us come together, though, here to fulfill our responsibility to
one of the House's standing committees and provide the Committee on
Energy and Commerce, both the majority and the minority, the funding
that they need to finish their work this year.
I reserve the balance of my time.
Ms. SCHAKOWSKY. Madam Speaker, I ask unanimous consent to insert the
text of the amendment in the Record along with extraneous material
immediately prior to the vote on the previous question.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from Illinois?
There was no objection.
Ms. SCHAKOWSKY. I yield back the balance of my time.
Ms. SLAUGHTER. Madam Speaker, the Select Investigative Panel was
created solely to attack Planned Parenthood and intimidate women,
health care providers, and scientific researchers. Its investigation
has never been fair or fact-based.
It is shameful that the Majority is continuing to use the taxpayer's
money to advance its own political purposes. This privileged resolution
would waste another $800,000 of the American people's tax dollars on
this partisan witch hunt. The Majority is now on track to spend more
than $1.5 million on this dangerous smear campaign.
Madam Speaker, I call on every Member of the House who does not want
to fund witch hunts to support Ms. Schakowsky's amendment.
Ms. JACKSON LEE. Madam Speaker, as a senior member of the Judiciary,
and Ranking Member of the Subcommittee on Crime, Terrorism, Homeland
Security, and Investigations, I rise in strong opposition to H. Res.
933, which would increase funding by $800,000 for the Select
Investigative Panel of the Energy and Commerce Committee, which more
accurately should be called the ``Planned Parenthood Witchunt.''
The ostensible purpose of this Select Investigative Panel is to
investigate and report on all issues related to medical procedures and
practices involving fetal tissue donation and procurement; federal
funding and support for abortion providers; and late-term abortions.
But make no mistake, the Republican majority's real purpose in
establishing this panel is (1) to open another front in their ongoing
War Against Women, (2) impede women in the exercise of their right to
make their own choices when it comes to their reproductive health, and
(3) to persecute, smear, and demonize Planned Parenthood.
We know this from our experience with the so-called ``Benghazi
Committee,'' which the Republican leadership claimed was a nonpartisan
inquiry into the facts and circumstances surrounding the 2012 tragedy
in Libya which claimed the lives of four brave and heroic Americans.
We know now, as confirmed by the Majority Leader and the Speaker-
apparent, that the Benghazi Committee was in reality part of
politically-motivated strategy to disparage and damage the former
Secretary of State and leading candidate for the Democratic
presidential nomination that wasted $4.5 million of the taxpayers'
money.
Madam Speaker, with so many pressing challenges facing our nation,
wasting time and taxpayer money on another partisan witch hunt is a
luxury we simply cannot afford.
The structure and powers to be given the Select Investigative Panel
does not inspire any confidence that it will operate in a fair and
impartial manner.
For example, the composition of the committee is lopsided in favor of
the majority (8 Republican; 5 Democrat), instead of more equally
divided as select committees are comprised.
Second, the chairman of the select panel is given subpoena power and
deposition authority, including the authority to order the taking of
depositions by a member of the select panel or the panel's counsel.
Third, the the chairman of the select committee is authorized to
recognize members to question witness for periods longer than the
traditional five minutes and to recognize staff to question witnesses.
Taken together, these unusual powers are susceptible to abuse and are
valued tools to any party wishing to conduct a fishing expedition as
opposed to a dispassionate search for facts.
Madam Speaker, let me save our Republican colleagues some time by
pointing out the facts that an objective, fair-minded inquiry would
reveal.
In 2011, approximately 1.06 million abortions took place in the U.S.,
down from an estimated 1.21 million abortions in 2008, 1.29 million in
2002, 1.31 million in 2000 and 1.36 million in 1996.
Based on available state-level data, an estimated 984,000 abortions
took place in 2013--down from an estimated 1.02 million abortions in
2012.
Fetal tissue research has been scientifically accepted since the
Regan Administration.
In 1988 the Human Fetal Tissue Transplantation Research Panel (or the
Blue Ribbon Commission) sought to separate the question of ethics of
abortion from the question ethics of using fetal tissue from legal
elective abortions for medical research.
The report of this commission laid the foundation for the NIH Health
Revitalization Act of 1993 (which passed overwhelmingly with bipartisan
support), prohibits the payment or receipt of money or any other form
of valuable consideration for fetal tissue, regardless of whether the
program to which the tissue is being provided is funded or not.
The law contains a limited exception that permits reimbursement for
actual expenses (e.g. storage, processing, transportation, etc.) of the
tissue.
These fees generally amount to less than $100.
Less than 1 percent of Planned Parenthood chapters participate in
this area of research.
Planned Parenthood reports revenue by source (either government or
non-government) rather than the manner of disbursement (income versus
grants and contracts).
Payments from Medicaid managed care plans are listed as ``Government
Health Services Grants and Reimbursements'' to reflect the ultimate
source of the funds.
[[Page H7095]]
Planned Parenthood spends about $1.1 billion annually on 11.4 million
services, 83 percent of which is spent on research, client services and
education.
Client services are divided into six categories: Cancer Prevention
and Screenings, STI Testing, Contraception, Abortion Services, Other
Women's Health Services & Other Services.
According to Planned Parenthood financial statements from 2009
through 2014, 86 percent of Planned Parenthood's Services fall under
the categories of Cancer Prevention and Screenings (12-16 percent), STI
Testing for men and women (35-41 percent), and Contraception (32-35
percent).
Only about about 3 percent of its services fall under the Abortion
category nationally.
Additionally, Planned Parenthood is already prohibited from spending
federal funds on abortion services anyway.
Finally, Madam Speaker, H. Res. 933 is an irresponsible diversion
from tackling and addressing the following critical challenges facing
this Congress and the American people.
Funding to keep the government open expires on December 9 and
Congress must find a way to keep the government open in the face of
irresponsible opposition from 151 Republicans who previously voted to
shut down the government rather than allow women access to affordable
family planning and life-saving preventive health care.
Madam Speaker, we have far more important things to do than waste
more time and taxpayer money on another partisan attempt to deprive
women of their right to make their own decisions regarding their
reproductive health that has been recognized as constitutionally
guaranteed since 1973 by the Supreme Court decision in Roe v. Wade.
I oppose H. Res. 933 and urge all Members to join me in voting
against this wasteful and irresponsible measure.
Health Impact of Planned Parenthood Affiliates
by the numbers
378,692--Pap tests performed.
487,029--breast exams performed.
87,988--women whose cancer was detected early or whose
abnormalities were identified.
865,721--Total Pap tests and breast exams performed.
1,440,495--emergency contraception kits provided.
516,000--unintended pregnancies averted by contraceptive
services.
3,577,348--Birth control information and services provided.
704,079--HIV tests conducted.
169,008--STIs diagnosed, enabling people to get treatment
and to learn how to prevent the further spread of STIs.
4,470,597--Tests and treatment for sexually transmitted
infections provided.
Planned Parenthood health centers saw 2.7 million patients,
who collectively received 10.6 million services during 4.6
million clinical visits.
Parenthood Clients Receiving Contraceptive Services in 2013
42 percent--STI/STD Testing & Treatment.
11 percent--Other Women's Health Services.
3 percent--Abortion Services.
1 percent--Other Services.
9 percent--Cancer Screening and Prevention.
34 percent--Contraception.
medical services provided by affiliates (2013)
STI/STD Testing & Treatment Total: 4,470,597.
STI Tests, Women and Men: 3,727,359.
Genital Warts (HPV) Treatments: 38,612.
HIV Tests, Women and Men: 704,079.
Other Treatments: 547.
Contraception Total: 3,577,348.
Reversible Contraception Clients, Women 2,131,865.
Emergency Contraception Kits 1,440,495.
Female Sterilization Procedures 822.
Vasectomy Clients 4,166.
Cancer Screening and Prevention Total: 935,573.
Pap Tests 378,692.
HPV Vaccinations 34,739.
Breast Exams/Breast Care 487,029.
Colposcopy Procedures 32,334.
LEEP Procedures 2,095.
Cryotherapy Procedures 684.
Other Women's Health Services Total: 1,147,467.
Pregnancy Tests 1,128,783.
Prenatal Services 18,684.
Abortion Services Total: Abortion Procedures 327,653.
Other Services Total: 131,795.
Family Practice Services, Women and Men 65,464.
Adoption Referrals to Other Agencies 1,880.
Urinary Tract Infections Treatments 47,264.
Other Procedures, Women and Men 517,187.
Total of All Services Provided: 10,590,433.
government funding for planned parenthood
National and Affiliate Chapters (FY2004-FY2014)
$4,529,900,000: Amount that Planned Parenthood and its
affiliates have received in government funding over the last
ten years, according to the organization's annual reports.
This represents less than half, approximately 45 percent,
of the organization total revenues.
There are 38 Planned Parenthood locations in Texas.
Planned Parenthood reports revenue by source (either
government or non-government) rather than the manner of
disbursement (income versus grants and contracts).
Payments from Medicaid managed care plans are listed as
``Government Health Services Grants and Reimbursements'' to
reflect the ultimate source of the funds.
The government funding comes from both federal and state
governments.
Government Health Service Grants and Reimbursements:
FY 2014: $528.5 million.
FY 2013: $540.6 million.
FY 2012: $542.4 million.
FY 2011: $538.5 million.
FY 2010: $487.4 million.
FY 2009: $363 million.
FY 2008: $349.6 million.
FY 2007: $336.7 million.
FY 2006: $305.3 million.
FY 2005: $272.7 million.
FY 2004: $265.2 million.
The material previously referred to by Ms. Schakowsky is as follows:
An Amendment to H. Res. 933 Offered by Ms. Schakowsky
Strike all after the resolved clause and insert:
That the Select Investigative Panel of the Committee on
Energy and Commerce established pursuant to House Resolution
461, agreed to October 7, 2015, is hereby terminated.
____
The Vote on the Previous Question: What It Really Means
This vote, the vote on whether to order the previous
question on a special rule, is not merely a procedural vote.
A vote against ordering the previous question is a vote
against the Republican majority agenda and a vote to allow
the Democratic minority to offer an alternative plan. It is a
vote about what the House should be debating.
Mr. Clarence Cannon's Precedents of the House of
Representatives (VI, 308-311), describes the vote on the
previous question on the rule as ``a motion to direct or
control the consideration of the subject before the House
being made by the Member in charge.'' To defeat the previous
question is to give the opposition a chance to decide the
subject before the House. Cannon cites the Speaker's ruling
of January 13, 1920, to the effect that ``the refusal of the
House to sustain the demand for the previous question passes
the control of the resolution to the opposition'' in order to
offer an amendment. On March 15, 1909, a member of the
majority party offered a rule resolution. The House defeated
the previous question and a member of the opposition rose to
a parliamentary inquiry, asking who was entitled to
recognition. Speaker Joseph G. Cannon (R-Illinois) said:
``The previous question having been refused, the gentleman
from New York, Mr. Fitzgerald, who had asked the gentleman to
yield to him for an amendment, is entitled to the first
recognition.''
The Republican majority may say ``the vote on the previous
question is simply a vote on whether to proceed to an
immediate vote on adopting the resolution . . . [and] has no
substantive legislative or policy implications whatsoever.''
But that is not what they have always said. Listen to the
Republican Leadership Manual on the Legislative Process in
the United States House of Representatives, (6th edition,
page 135). Here's how the Republicans describe the previous
question vote in their own manual: ``Although it is generally
not possible to amend the rule because the majority Member
controlling the time will not yield for the purpose of
offering an amendment, the same result may be achieved by
voting down the previous question on the rule. . . . When the
motion for the previous question is defeated, control of the
time passes to the Member who led the opposition to ordering
the previous question. That Member, because he then controls
the time, may offer an amendment to the rule, or yield for
the purpose of amendment.''
In Deschler's Procedure in the U.S. House of
Representatives, the subchapter titled ``Amending Special
Rules'' states: ``a refusal to order the previous question on
such a rule [a special rule reported from the Committee on
Rules] opens the resolution to amendment and further
debate.'' (Chapter 21, section 21.2) Section 21.3 continues:
``Upon rejection of the motion for the previous question on a
resolution reported from the Committee on Rules, control
shifts to the Member leading the opposition to the previous
question, who may offer a proper amendment or motion and who
controls the time for debate thereon.''
Clearly, the vote on the previous question on a rule does
have substantive policy implications. It is one of the only
available tools for those who oppose the Republican
majority's agenda and allows those with alternative views the
opportunity to offer an alternative plan.
Mr. HARPER. Madam Speaker, I yield back the balance of my time, and I
move the previous question on the resolution.
The SPEAKER pro tempore. The question is on ordering the previous
question.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Mr. BRADY of Pennsylvania. Madam Speaker, on that I demand the yeas
and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this question will be postponed.
[[Page H7096]]
____________________