October 13, 2011 CONGRESSIONAL RECORD — HOUSE H6885 not concepts for me either. My older leadership that allows for such ideals them the chance to make their dreams sister and younger brother, both just to become true must continue. come true. children, were killed in that war. I will There remain many challenges in the Your ideals and aspirations have never forget them. I will never forget world today, and your leadership is been ours, as they have been for much how my mother tried so hard to keep vital. Terrorism, proliferation of WMD, of the world. them alive. With the war raging all climate change, energy, poverty, and Half a century ago, young Americans around us, there were no doctors, and disease; these are just a few of the served in the Korean War ‘‘for duty be- we couldn’t afford to buy medicine. All challenges that require your leader- yond the seas.’’ And today, our peoples my mother could do was stay up all ship. hear the same call. It may not always night and pray to God. Many Koreans Our free trade agreement has signifi- be active combat, not always to brave still live with such pain. cance because it will be a force for sta- the rugged mountains or bitter win- I recognize the reality that Korea has bility, because lasting stability, again, ters, but it is an important duty none- been split in two, but I will never ac- depends on economic opportunity being theless, a charge to help create a more cept it as a permanent condition. The open and robust. Our relationship can peaceful, more prosperous world. two Koreas share the same language, be the catalyst that generates growth In the 21st century, duty and destiny history, and customs. We are one peo- and stability all along the Pacific Rim. calls us once again. As before, let us ple. In both Koreas, there are families And, in doing so, it will make clear rise to meet these challenges. Let us go who have never spoken to their loved how fully our fates are connected. together. Together and forward. ones for more than half a century. And More than ever, Korea is looking be- Thank you. my hope is that these people and all 70 yond the horizon. It will willingly em- [Applause, the Members rising.] million Koreans will enjoy real happi- brace its international responsibilities. At 4 o’clock and 48 minutes p.m., His ness and real peace. And for this, we It will work to resolve global chal- Excellency Lee Myung-bak, President must first lay the foundation for peace lenges. of the Republic of Korea, accompanied on the Korean Peninsula. And upon Since becoming President of Korea, by the committee of escort, retired this foundation, we must strengthen my vision for Korea in the coming dec- from the Hall of the House of Rep- cooperation between the two Koreas. ades is for a global Korea. resentatives. We must seek the path that will lead Global Korea has joined United Na- The Deputy Sergeant at Arms es- us towards mutual prosperity. And we tions peacekeeping operations in East corted the invited guests from the must achieve peaceful unification. Timor, Lebanon, and Haiti. Korea was Chamber in the following order: A unified Korea will be a friend to all the third-largest contributor of troops The Members of the President’s Cabi- and a threat to none. A unified Korea to the coalition forces in Iraq. We have net; will contribute to peace and prosperity, sent reconstruction teams to rebuild The Acting Dean of the Diplomatic not only in northeast Asia, but far be- Afghanistan. Our naval vessels support Corps. the United States and EU in fighting yond. We therefore must achieve the f denuclearization of the Korean Penin- against piracy off the coast of Somalia. sula, and North Korea must give up We will take part in the inter- JOINT MEETING DISSOLVED their nuclear ambitions. national effort in bringing democracy The SPEAKER. The purpose of the Korea and the United States stand to Libya and rebuilding its shattered joint meeting having been completed, united. We are in full agreement that economy. And we have pledged to dou- the Chair declares the joint meeting of the Six Party Talks is an effective way ble our overseas development assist- the two Houses now dissolved. to achieve tangible progress. We are in ance by 2015. And next month the High Accordingly, at 4 o’clock and 54 min- full agreement that we must also pur- Level Forum on Aid Effectiveness will utes p.m., the joint meeting of the two sue dialogue with North Korea. How- be held in Busan, Korea’s second-larg- Houses was dissolved. ever, we must also maintain our prin- est city. The Members of the Senate retired to cipled approach. A North Korea policy In these and countless other ways, their Chamber. that is firmly rooted upon such prin- Korea will carry out its duties as a re- The SPEAKER. The House will con- ciples is the key that will allow us to sponsible member of the international tinue in recess subject to the call of ultimately and fundamentally resolve community. As we face the many glob- the Chair. this issue. al challenges that lie ahead, we will North Korea’s development is in our promote universal values. f collective interest, and this is what we In 2009, when President Obama and I b 1719 signed the Joint Vision for the Future want. However, this depends on its AFTER RECESS willingness to end all provocations and of the Alliance, we agreed to work make genuine peace. We will work with closely together in resolving regional The recess having expired, the House you and the international community and international issues, based on was called to order by the Speaker pro so that North Korea makes the right shared values and mutual trust. And tempore (Mrs. ROBY) at 5 o’clock and 19 choice. during our summit today we renewed minutes p.m. Our Mutual Defense Treaty has en- this commitment. We also reaffirmed f sured stability and prosperity to flour- our commitment to face the challenges PRINTING OF PROCEEDINGS HAD ish not only on the Korean Peninsula, of today for the generation of tomor- DURING RECESS but across northeast Asia. Northeast row. Asia today is a more dynamic region Our alliance will grow, and it will Mr. PITTS. Madam Speaker, I ask than ever. And economic change in this continue to evolve. And it will prevail. unanimous consent that the pro- region brings geopolitical change, and Mr. Speaker, Mr. Vice President, dis- ceedings had during the recess be print- it brings shifts in the balance of power tinguished Members of Congress, before ed in the RECORD. that has long prevailed. I part, I want to thank you again for The SPEAKER pro tempore. Is there The United States, as a key player of the honor of addressing this Congress. I objection to the request of the gen- the Asia-Pacific region and as a global would also like to thank President tleman from Pennsylvania? leader, has vital interests in northeast Obama and Mrs. Obama for their invi- There was no objection. Asia. For northeast Asia to play a tation. f more constructive rule in global af- I also take this opportunity to pay fairs, there must be peace and stability tribute to the 1.5 million Korean-Amer- PROTECT LIFE ACT in the region. icans who have been contributing to Mr. PITTS. Madam Speaker, I ask And your leadership that has ensured this great country. As President of unanimous consent that all Members peace and stability of northeast Asia Korea, I am proud that they are giving may have 5 legislative days to revise and beyond in the 20th century must back to the country that gave them so and extend their remarks on H.R. 358 remain supreme in the 21st century. much. I am also deeply grateful to you and to insert extraneous material on The ideals that you represent and the and the American people for giving the bill.

VerDate Mar 15 2010 03:45 Oct 14, 2011 Jkt 019060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\K13OC7.066 H13OCPT1 smartinez on DSK6TPTVN1PROD with HOUSE H6886 CONGRESSIONAL RECORD — HOUSE October 13, 2011 The SPEAKER pro tempore. Is there abortions for which funding is prohibited under ‘‘(3) REMEDIES.— objection to the request of the gen- this subsection, or a qualified health plan that ‘‘(A) IN GENERAL.—The courts of the United tleman from Pennsylvania? includes such abortions, so long as— States shall have jurisdiction to prevent and re- There was no objection. ‘‘(A) such coverage or plan is paid for entirely dress actual or threatened violations of this sec- using only funds not authorized or appropriated tion by issuing any form of legal or equitable re- Mr. PITTS. Madam Speaker, pursu- by this Act; and lief, including— ant to House Resolution 430, I call up ‘‘(B) such coverage or plan is not purchased ‘‘(i) injunctions prohibiting conduct that vio- the bill (H.R. 358) to amend the Patient using— lates this subsection; and Protection and Affordable Care Act to ‘‘(i) individual premium payments required for ‘‘(ii) orders preventing the disbursement of all modify special rules relating to cov- a qualified health plan offered through an Ex- or a portion of Federal financial assistance to a erage of abortion services under such change towards which a credit is applied under State or local government, or to a specific of- Act, and ask for its immediate consid- section 36B of the Internal Revenue Code of fending agency or program of a State or local 1986; or government, until such time as the conduct pro- eration. ‘‘(ii) other non-Federal funds required to re- The Clerk read the title of the bill. hibited by this subsection has ceased. ceive a Federal payment, including a State’s or ‘‘(B) COMMENCEMENT OF ACTION.—An action The SPEAKER pro tempore. Pursu- locality’s contribution of Medicaid matching under this subsection may be instituted by— ant to House Resolution 430, the funds. ‘‘(i) any health care entity that has standing amendment in the nature of a sub- ‘‘(3) OPTION TO OFFER COVERAGE OR PLAN.— to complain of an actual or threatened violation stitute recommended by the Com- Nothing in this subsection or section of this subsection; or mittee on Energy and Commerce print- 1311(d)(2)(B)(i) shall restrict any non-Federal ‘‘(ii) the Attorney General of the United ed in the bill is adopted, and the bill, as health insurance issuer offering a qualified States. amended, is considered read. health plan from offering separate coverage for ‘‘(4) ADMINISTRATION.—The Secretary shall abortions for which funding is prohibited under The text of the bill, as amended, is as designate the Director of the Office for Civil this subsection, or a qualified health plan that Rights of the Department of Health and Human follows: includes such abortions, so long as— Services— H.R. 358 ‘‘(A) premiums for such separate coverage or ‘‘(A) to receive complaints alleging a violation Be it enacted by the Senate and House of Rep- plan are paid for entirely with funds not au- of this subsection; and resentatives of the United States of America in thorized or appropriated by this Act; ‘‘(B) to pursue investigation of such com- Congress assembled, ‘‘(B) administrative costs and all services of- plaints in coordination with the Attorney Gen- SECTION 1. SHORT TITLE. fered through such coverage or plan are paid for eral.’’. This Act may be cited as the ‘‘Protect Life using only premiums collected for such coverage (b) CONFORMING AMENDMENT.—Section Act’’. or plan; and 1334(a)(6) of such Act is amended to read as fol- ‘‘(C) any such non-Federal health insurance SEC. 2. MODIFYING SPECIAL RULES RELATING TO lows: COVERAGE OF ABORTION SERVICES issuer that offers a qualified health plan ‘‘(6) COVERAGE CONSISTENT WITH FEDERAL UNDER THE PATIENT PROTECTION through an Exchange that includes coverage for POLICY.—In entering into contracts under this AND AFFORDABLE CARE ACT TO abortions for which funding is prohibited under subsection, the Director shall ensure that no CONFORM TO LONG-STANDING FED- this subsection also offers a qualified health multi-State qualified health plan offered in an ERAL POLICY. plan through the Exchange that is identical in Exchange provides coverage for abortions for (a) IN GENERAL.—Section 1303 of the Patient every respect except that it does not cover abor- which funding is prohibited under section Protection and Affordable Care Act (Public Law tions for which funding is prohibited under this 1303(c) of this Act.’’. 111–148), as amended by section 10104(c) of such subsection.’’; The SPEAKER pro tempore. The gen- Act, is amended— (5) in subsection (e), as redesignated by para- (1) by redesignating subsections (c) and (d) as graph (1)— tleman from Pennsylvania (Mr. PITTS) subsections (e) and (f), respectively; (A) in the heading, by striking ‘‘REGARDING and the gentleman from New Jersey (2) by redesignating paragraph (4) of sub- ABORTION’’; (Mr. PALLONE) each will control 30 min- section (b) as subsection (d) and transferring (B) in the heading of each of paragraphs (1) utes. such subsection (d) after the subsection (c) in- and (2), by striking each place it appears ‘‘RE- The Chair recognizes the gentleman serted by paragraph (4) of this subsection with GARDING ABORTION’’; from Pennsylvania. appropriate indentation (and conforming the (C) in paragraph (1), by striking ‘‘regarding Mr. PITTS. I yield myself such time style of the heading to a subsection heading); the prohibition of (or requirement of) coverage, (3) by amending subsection (b) to read as fol- funding, or’’ and inserting ‘‘protecting con- as I may consume. lows: science rights, restricting or prohibiting abortion Madam Speaker, I am humbled to ‘‘(b) SPECIAL RULES RELATING TO TRAINING IN or coverage or funding of abortion, or estab- stand in this Chamber and engage in AND COVERAGE OF ABORTION SERVICES.—Noth- lishing’’; and debate over such a critical matter as ing in this Act (or any amendment made by this (D) in paragraph (2)(A), by striking ‘‘Noth- this. Like the civil rights movement, Act) shall be construed to require any health ing’’ and inserting ‘‘Subject to subsection (g), the pro-life cause has always been plan to provide coverage of or access to abortion nothing’’; about one of securing rights for those services or to allow the Secretary or any other (6) in subsection (f), as redesignated by para- Federal or non-Federal person or entity in im- graph (1), by striking ‘‘Nothing’’ and inserting who cannot speak for themselves and plementing this Act (or amendment) to require ‘‘Subject to subsection (g), nothing’’; and who cannot on their own obtain them. coverage of, access to, or training in abortion (7) by adding at the end the following new The fight goes all the way back to our services.’’; subsection: Nation’s beginning. (4) by inserting after subsection (b) the fol- ‘‘(g) NONDISCRIMINATION ON ABORTION.— What more could our Founding Fa- lowing new subsection: ‘‘(1) NONDISCRIMINATION.—A Federal agency thers have envisioned when they draft- ‘‘(c) LIMITATION ON ABORTION FUNDING.— or program, and any State or local government ed the Declaration of Independence, ‘‘(1) IN GENERAL.—No funds authorized or ap- that receives Federal financial assistance under proclaiming to all that America would propriated by this Act (or an amendment made this Act (or an amendment made by this Act), by this Act), including credits applied toward may not subject any institutional or individual ‘‘hold these truths would be self-evi- qualified health plans under section 36B of the health care entity to discrimination, or require dent, that all men are created equal, Internal Revenue Code of 1986 or cost-sharing any health plan created or regulated under this that they are endowed by their Creator reductions under section 1402 of this Act, may be Act (or an amendment made by this Act) to sub- with certain unalienable rights, that used to pay for any abortion or to cover any ject any institutional or individual health care among these are life, liberty and the part of the costs of any health plan that in- entity to discrimination, on the basis that the pursuit of happiness’’? There it is. cludes coverage of abortion, except— health care entity refuses to— The first unalienable right des- ‘‘(A) if the pregnancy is the result of an act ‘‘(A) undergo training in the performance of ignated by the Declaration of Inde- of rape or incest; or induced abortions; ‘‘(B) in the case where a pregnant female suf- ‘‘(B) require or provide such training; pendence is our right to life. Our fers from a physical disorder, physical injury, or ‘‘(C) perform, participate in, provide coverage Founding Fathers must have deemed physical illness that would, as certified by a of, or pay for induced abortions; or this an indispensable right, for its physician, place the female in danger of death ‘‘(D) provide referrals for such training or placement signifies it was not an after- unless an abortion is performed, including a such abortions. thought. life-endangering physical condition caused by ‘‘(2) DEFINITION.—In this subsection, the term From the start of our great Nation or arising from the pregnancy itself. ‘health care entity’ includes an individual phy- until now, countless men and women ‘‘(2) OPTION TO PURCHASE SEPARATE COVERAGE sician or other health care professional, a hos- OR PLAN.—Nothing in this subsection shall be pital, a provider-sponsored organization, a have fought and even sacrificed their construed as prohibiting any non-Federal entity health maintenance organization, a health in- own lives to protect that right for oth- (including an individual or a State or local gov- surance plan, or any other kind of health care ers. Yet, in 1973, the U.S. Supreme ernment) from purchasing separate coverage for facility, organization, or plan. Court issued a decision that has

VerDate Mar 15 2010 03:45 Oct 14, 2011 Jkt 019060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\K13OC7.068 H13OCPT1 smartinez on DSK6TPTVN1PROD with HOUSE October 13, 2011 CONGRESSIONAL RECORD — HOUSE H6887 changed the course of history in this Hon. FRED UPTON, I would appreciate your response to this country. A right that had been pro- Chairman, House Committee on Energy & Com- letter, confirming this understanding with tected for nearly 200 years was tossed merce, Washington, DC. respect to H.R. 358, and would ask that a aside by a court decision to legalize DEAR CHAIRMAN UPTON, as you know, I re- copy of our exchange of letters on this mat- quested a referral on H.R. 358, the ‘‘Protect ter be included in the Congressional Record abortion. Up until that point, an un- Life Act,’’ because it has provisions that fall during Floor consideration. wanted pregnancy was likely to lead to within the Rule X jurisdiction of the Judici- Sincerely, an adoption, a process that placed an ary Committee. We are able to agree to DAVE CAMP, unwanted child in a caring home. waive seeking a formal referral of the bill in Chairman. The legacy of the late Steve Jobs re- order that it may proceed expeditiously to minds us of the impact an adoption can the House floor for consideration. HOUSE OF REPRESENTATIVES, have on the entire world. Fortunately The Judiciary Committee takes this action COMMITTEE ON ENERGY AND COMMERCE, with our mutual understanding that by fore- Washington, DC, September 15, 2011. for us, Jobs was born 18 years before going consideration of H.R. 358 at this time, Roe v. Wade. Shortly after his birth to Hon. DAVE CAMP, we do not waive any jurisdiction over subject Chairman, Committee on Ways and Means, a single mother, Jobs was adopted by a matter contained in this or similar legisla- Longworth House Office Building, Wash- married couple in central California. tion, and that our Committee will be appro- ington, DC. He would go on to be the founder of a priately consulted and involved as the bill or DEAR CHAIRMAN CAMP, thank you for your tech company that has literally similar legislation moves forward so that we letter regarding H.R. 358, the ‘‘Protect Life changed the world. His was the route of may address any issues in our jurisdiction. Act.’’ As you noted, there are provisions of Our Committee also reserves the right to many unexpected children before 1973. the bill that fall within the Rule X jurisdic- seek appointment of an appropriate number tion of the Committee on Ways and Means. Maya Angelou, Babe Ruth, and Elea- of conferees to any House-Senate conference nor Roosevelt are just a few of the I appreciate your willingness to forgo ac- involving this or similar legislation, and re- tion on H.R. 358. I agree that your decision many adoptees that have transformed quests your support for any such request. should not prejudice the Committee on Ways the world we live in today. I would appreciate your including this let- and Means with respect to the appointment Unfortunately, since Roe v. Wade, ter in the Congressional Record during con- of conferees or its jurisdictional prerogatives more and more women are being per- sideration of the bill on the House floor. on this or similar legislation. suaded that abortion is nothing more Thank you for your attention to this re- I will include a copy of your letter and this than a simple medical procedure that quest, and for the cooperative relationship response in the Congressional Record during between our two committees. will help them move on with their consideration of H.R. 358 on the House floor. Sincerely, Sincerely, lives. This could not be further from LAMAR SMITH, FRED UPTON, the truth. Chairman. A study of Medi-Cal patients in Cali- Chairman. fornia revealed that women who had HOUSE OF REPRESENTATIVES, COM- Mr. PALLONE. Madam Speaker, I had an abortion were 160 percent more MITTEE ON ENERGY AND yield myself such time as I may con- likely to be admitted for psychiatric COMMMERCE, sume. treatment than those who had carried Washington, DC, October 12, 2011. I rise in strong opposition to H.R. 358, the child to term and delivery. These Hon. LAMAR SMITH, legislation that infringes upon a wom- Chairman, Committee on the Judiciary, Ray- an’s right to choose. This bill is unnec- women who chose to terminate their burn House Office Building, Washington, pregnancies then had to deal with the essary, divisive, and extreme. And it DC. saddens me that the Republican leader- psychological devastation that is often DEAR CHAIRMAN SMITH, thank you for your associated with such a decision. Adding letter regarding H.R. 358, the ‘‘Protect Life ship has chosen to bring this bill to the harm upon harm, abortion is a proce- Act.’’ As you noted, there are provisions of House floor when Americans are strug- dure that brings mental trauma to the the bill that fall within the Rule X jurisdic- gling. mother and irreparable damage to the tion of the Committee on the Judiciary. The American people want us to I appreciate your willingness to forgo ac- work together to address their top pri- unborn. tion on H.R. 358. I agree that your decision Because of this, the policy of the ority: creating jobs. As such, we should should not prejudice the Committee on the be focusing on putting Americans back Federal Government for the last 35 Judiciary with respect to the appointment of years has been to ban funding for such conferees or its jurisdictional prerogatives to work, not dividing Congress on ideo- a procedure. Studies have shown that on this or similar legislation. logical issues. And we certainly when the government subsidizes abor- I will include a copy of your letter and this shouldn’t be considering legislation tion, their number increases. The response in the Congressional Record during that rolls back women’s reproductive President, a supporter of abortion consideration of H.R. 358 on the House floor. rights 38 years. Sincerely, rights, has stated his commitment to Supporters of this bill claim it is FRED UPTON, amending the Affordable Care Act to reducing the amount of abortions in Chairman. this country. Restoring the policy of ensure U.S. tax dollars are not used to prohibiting Federal funds for abortion HOUSE OF REPRESENTATIVES, fund abortions. However, the Afford- would be a good first step. The Amer- COMMITTEE ON WAYS AND MEANS, able Care Act already prohibits the use ican people, to a large degree, agree Washington, DC, September 14, 2011. of Federal dollars to fund abortions. In- with this policy. In fact, as recently as Hon. FRED UPTON, stead, H.R. 358 will eliminate access to last year, a survey revealed that 67 per- Chairman, Committee on Energy and Commerce, abortion care for many women by ban- Rayburn House Office Building, Wash- ning insurance plans regulated by the cent of Americans support a ban on ington, DC. abortion funding. But the Patient Pro- DEAR CHAIRMAN UPTON, I am writing con- Affordable Care Act from offering abor- tection and Affordable Care Act failed cerning H.R. 358, the ‘‘Protect Life Act,’’ tion-inclusive coverage if they take to include this prohibition, and that is which was favorably reported out of your even one federally subsidized customer. why we are here today. Committee on February 15, 2011. So if a plan takes one subsidized cus- President Obama indicated his sup- As you know, the Committee on Ways and tomer, then they can’t provide abor- port for upholding the ban on Federal Means has jurisdiction over revenue meas- tion coverage insurance to anyone else ures generally, including federal tax laws in the plan. funding for abortion in health reform, and the Internal Revenue Code of 1986, as and that is exactly what the Protect amended (IRC). Section 2(a)(4) of H.R. 358 What’s even more concerning is that Life Act does. The issue of prohibiting amends section 1303 of the Patient Protec- this legislation could place many taxpayer funds for abortion is impor- tion and Affordable Care Act (P.L. 111–148), women who need reproductive health tant to the American people. And so it as amended by section 10104(c) of such Act, care in dangerous, potentially life- should be important to Congress as by limiting the purposes for which taxpayers threatening situations by expanding a well. Protecting the unalienable right may claim tax credits under section 36B of lopsided policy that allows health to life is important to the American the IRC. I wanted to notify you the Com- workers and hospitals the ability to mittee will forgo action on H.R. 358. This is people. It should be to the Congress as being done with the understanding that it refuse to provide and refer for abortion well. does not in any way prejudice the Committee care and even deny emergency abortion I urge my colleagues to support this with respect to the appointment of conferees care. bill, and I reserve the balance of my or its jurisdictional prerogatives on this or So that’s why I was so appalled, truly time. similar legislation. appalled yesterday by comments that

VerDate Mar 15 2010 05:25 Oct 14, 2011 Jkt 019060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\K13OC7.070 H13OCPT1 smartinez on DSK6TPTVN1PROD with HOUSE H6888 CONGRESSIONAL RECORD — HOUSE October 13, 2011 were made at the Rules Committee, I urge my colleagues to vote ‘‘nay’’ But I also understand that we in Amer- and I want to set the record straight. on the legislation. ica have adopted the premise that if a This bill is not simply the Stupak- I reserve the balance of my time. woman comes to the hospital and has Pitts amendment that was debated and Mr. PITTS. Madam Speaker, I yield 1 at great risk to her life a pregnancy supported during the health reform minute to the distinguished gentleman which is causing her health to be at consideration. During the Rules Com- from Louisiana, Dr. JOHN FLEMING. great risk and her life as well, what mittee, I heard that over and over Mr. FLEMING. I thank the gen- this bill does is say you don’t have to again from the Republican side—this is tleman from Pennsylvania for his work intervene under those circumstances. I just the Stupak bill all over again. on this bill and his lifelong career in don’t think that’s protecting life, I say That is simply not true. protecting life. to my friend. In fact, I think it is ig- Madam Speaker, H.R. 358 goes sig- Madam Speaker, the bill before us noring the protection of life. nificantly beyond the Stupak amend- today, H.R. 358, the Protect Life Act, Moreover, it does nothing to create ment. The Stupak amendment limited would accomplish two important jobs, which is what Congress should be its reach only to qualified health plans things: It would remove funding for focusing on during this time when so and had no effect on completely private abortion and abortion coverage under many Americans are out of work. Very plans. But H.R. 358 affects any health the Patient Protection and Affordable frankly, you have criticized the Presi- plan. Care Act, and it would extend the con- dent of the United States for submit- The Stupak amendment limited its science protections to pro-life doctors, ting a jobs bill to this Congress that reach only to Federal funding and in- nurses, hospitals, and other health care doesn’t have a chance of passage. I surance coverage of abortion. H.R. 358 facilities who object to destroying the have heard that over and over again. includes access to abortion services, a lives of unborn children. All of you know this has no chance of much broader term with far-reaching Madam Speaker, I’ve been a doctor passage. It may pass this House—I hope effects. for 36 years, father of four, grandfather not; I urge its defeat—but it won’t And the Stupak amendment limited of two, and I can tell you that the tak- pass. It won’t become law. its reach only to State conscience pro- ing of innocent life is not health care. So while millions of Americans’ qual- tection laws that deal with abortion. It is not health care. Having said that, ity of life is put at risk because of the But H.R. 358 expands that protection to this country is still divided on whether lack of jobs and opportunity that they those covering health and medical or not a woman should have the right have, we consider what I believe is sim- services outside of abortion. to take an unborn infant. However, the ply legislation to speak to a particular The Stupak amendment did not cre- country is not divided on the issue for interest group in our parties. I under- ate any exception to the obligation of who should pay for it—and that issue is stand that. hospitals to comply with EMTALA. In- taxpayers. Two to one, Americans say Republicans come to this floor and stead, it left that obligation intact. speak all the time about keeping gov- So, as my colleagues will see, no one taxpayers should not be footing the bill. And that’s what this is about, as ernment out of people’s lives, but this should be fooled by the argument that bill does exactly the opposite. What it this is simply Stupak because it’s sim- well as the conscience clause. The SPEAKER pro tempore. The says is that women won’t be able to ply not. I want to emphasize, the effect spend their own money on comprehen- of this amendment would mean that, time of the gentleman has expired. Mr. PITTS. I yield the gentleman an sive reform for reproductive coverage effectively, women would not be able under a new health exchange. You to get any kind of health insurance for additional 30 seconds. Mr. FLEMING. This protection is don’t want us to tell people they have abortion coverage either because they critical for pro-life and religious health to have insurance, but you want to tell wouldn’t be able to get a comprehen- care providers and entities. EMTALA, them what they can’t have in an insur- sive plan on the exchange or because which is part of the discussion here, re- ance—with their own money. I’m not they would be forced to try to buy one sure I get the distinction there. Maybe quires that health care providers such outside the exchange just for abortion you can come up with a distinction, as myself must take care of women and services, which isn’t going to be avail- but it certainly is a very nuanced one, must take care of their infants, unborn able. if it exists at all. So, practically speaking, what the or otherwise. The SPEAKER pro tempore. The And so I say to you, Madam Speaker, Pitts amendment does is make it im- time of the gentleman has expired. possible for a woman to exercise her today, this bill protects life and it does Mr. PALLONE. I yield the gentleman right under the Constitution if she not require taxpayers to foot the bill 1 additional minute. chooses to have an abortion because for those who choose to take innocent Mr. HOYER. Even more unbelievably, she won’t be able to get insurance cov- life. the bill will allow a hospital to refuse erage for it at all. Mr. PALLONE. Madam Speaker, I women emergency care of this kind Madam Speaker, H.R. 358 is a mas- yield 3 minutes to our distinguished even when necessary to save their sive overreach of women’s health. It Democratic whip, the gentleman from lives. I don’t think that’s what you in- extensively restricts women’s access to Maryland (Mr. HOYER). tend. I certainly hope it’s not. But it is reproductive health services and life- (Mr. HOYER asked and was given the interpretation that many of us saving care. It is a step towards elimi- permission to revise and extend his re- have put on the language of your bill. nating a choice that our Supreme marks.) So, ladies and gentlemen of this Court has deemed legal and remains Mr. HOYER. I thank the gentleman House, this issue has been debated over legal to this day. from New Jersey for yielding, and I and over again. We adopted a Hyde Now, if you want to overturn Roe v. thank him for his leadership. amendment. The premise of the Hyde Wade, and I know that there are Mem- I rise in opposition to this bill, the amendment was that we shouldn’t take bers on the other side of the aisle who so-called Protect Life Act. taxpayers’ money and spend it on abor- feel that way, then they can try to do First of all, over and over again we tion. that. But don’t do it in a sneaky way repeat the premise that somehow we’re Very frankly, I represent 60,000 Fed- by denying women insurance and effec- using government funds through the eral employees. We precluded them tively saying that they can’t exercise Affordable Care Act for abortion. We from using the salary that they receive what the Supreme Court says is their are not. No matter how many times to buy insurance that has abortion cov- right under the Constitution. you say it, the fact is that we specifi- erage. It’s their money. I hear that all cally precluded that from happening. the time: It’s their money. But you b 1730 What this bill does goes much fur- don’t allow them to use their money Women need and are entitled to safe, ther. It threatens to make it harder for for that purpose. Now you are saying to affordable health care options. This women across the country to receive the private sector women: You can’t bill only serves to create health and fi- health care that they need. I under- use your money. nancial challenges that I think are stand the doctor who just said that the You can’t have it both ways. Either going to be impossible to overcome. termination of a pregnancy is not it’s their money for services they con- It’s dangerous to women’s health. health care. I understand his premise. stitutionally can receive or it’s not.

VerDate Mar 15 2010 03:45 Oct 14, 2011 Jkt 019060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\K13OC7.071 H13OCPT1 smartinez on DSK6TPTVN1PROD with HOUSE October 13, 2011 CONGRESSIONAL RECORD — HOUSE H6889 Defeat this bill. This is a difficult eral dollars would be used to pay for H.R. 358 does not change current law issue. Let us let women, doctors, and abortion services, whether it’s under or any standard related to section 1867 their faith deal with it. Medicaid, the traditional Hyde amend- of the Social Security Act, commonly Mr. PITTS. Madam Speaker, before I ment, or the D.C. appropriations, or for referred to as EMTALA. The section yield to the next speaker, I have a copy Federal employees, or women who states that a hospital must provide here of the PPACA law. On page 65, I’ll serve in the military, or those who get such treatment to stabilize the medical just read one title of a paragraph: subsidies under the Affordable Care condition. Paragraph (e) of section 1867 Abortions for which public funding is Act. defines an emergency medical condi- allowed. What this bill seeks to do, pure and tion as a medical condition of suffi- At this time I yield 1 minute to the simple, is to destroy one of the most cient severity such that the absence of gentleman from Louisiana, STEVE SCA- hard-fought but delicately balanced immediate medical attention could be LISE. sections of the Affordable Care Act, reasonably expected to place the life Mr. SCALISE. I want to thank the and that was on abortion. This section and health of a pregnant woman or her gentleman from Pennsylvania for came about as a result of a lot of hard unborn child in serious jeopardy. yielding and especially for his leader- work by many Members in the House EMTALA currently recognizes both ship in bringing the Protect Life Act to and the Senate—particularly Senator lives. Therefore, the Protect Life Act the floor of the House of Representa- NELSON, whose pro-life record speaks provides conscience protection that is tives. for itself, clearly and unequivocally. consistent with the emergency treat- When we look at a time right now The law prohibits the use of Federal ment requirements of current law when our country is going broke, it’s funds for abortion. It keeps State and under EMTALA. offensive to most Americans that tax- Federal abortion-related laws in place. Mr. PALLONE. I yield 2 minutes to a payer money can still be used to sub- It ensures that those whose conscience member of the Health Subcommittee, sidize abortion in this country. We had dictates against abortion are protected the gentleman from New York (Mr. this debate during the President’s and not discriminated against. And it ENGEL). health care law. We’ve tried to put real went further. The language in the Af- Mr. ENGEL. Madam Speaker, I rise language that would protect that from fordable Care Act said you cannot use today in strong opposition—and I must happening. Unfortunately, we weren’t any subsidies to pay for your abortion say honest bafflement—to this so- able to get that protection. For those insurance coverage; you had to use called ‘‘Protect Life Act.’’ I’m baffled of us that want to repeal the Presi- only private personal dollars. Well, this because it truly stretches the limits of dent’s health care law completely, bill would restrict insurance plans’ the rational mind to imagine why the we’ve already passed that bill and sent flexibility regarding abortion coverage, Republican majority—a group of people it to the Senate and they’ve taken no and I think it will result in a virtual who supposedly say they make it their action. shutdown of private coverage for this mission to limit government involve- But we’re here today to address spe- service for everyone. ment in every way possible—why they cifically this problem and say there This legislation also takes away the continue to insert themselves—and the should be no taxpayer money that is Affordable Care Act’s limited anti-dis- government—into the personal health allowed to be used to subsidize abor- crimination protection for those pro- care decisions of Americans across the tion. And if you look in the bill, there viders whose conscience dictates that country. are employers out there who are pro- women should have access to abortion. What’s even more baffling is that for viding good health care to their em- It’s a legal and, in many cases, an ap- 30 years Federal law has prohibited ployees today; yet under the law that propriate medical service. funding of abortions. It’s one thing to the President passed and signed into Among the most disturbing features say the government won’t pay for abor- law, Federal officials can tell those pri- of the Pitts bill is it would say that tions, but quite another, as we’re doing vate employers that they have to pro- health care providers would no longer here, to say that women can’t use their vide abortion services in their policy, be required to provide emergency serv- own dollars to pay for abortion cov- and so they’ll just drop the policy. This ices as required under the Emergency erage. prevents that from happening as well. Medical Treatment and Active Labor Here we are with this absurd song It gives conscience protections so that Act, commonly known as EMTALA. and dance that has no basis in reality, if there’s a medical professional that The SPEAKER pro tempore. The is entirely about scoring political doesn’t want to participate in abortion, time of the gentleman has expired. points with the Republican base once they don’t have to. Mr. PALLONE. I yield the gentleman again while, as my colleagues have These are all commonsense proposals 1 additional minute. said, doing nothing to help employ- that should pass and have bipartisan Mr. WAXMAN. In other words, a ment and create jobs in this country. If support, and they should also pass the woman who may die from her preg- this bill stopped at being absurd, it Senate. nancy, if she is in for emergency serv- would be one thing. But more than ab- Mr. PALLONE. Madam Speaker, I ices, the doctor can refuse to give her surd, this cruel legislation would actu- yield 3 minutes to our ranking member emergency services if his conscience ally allow hospitals to refuse to pro- of the Energy and Commerce Com- would prohibit performing an abortion. vide a woman abortion care even if she mittee, the gentleman from California Taken as a whole, this bill is a full- would die without it. (Mr. WAXMAN). throttled assault on women’s health Now, my colleagues who claim they Mr. WAXMAN. Madam Speaker and and a woman’s right to choose. It’s not want smaller government and say they Members of the Congress of the United what the American people voted for want to get the government out of peo- States, this bill is an absolute disgrace. last November. We should be focusing ple’s lives, this is a hell of a way to do With all the problems we have in this our attention on jobs, economic it or to prove it. country—economic crisis, poverty lev- growth, and the numerous pressing and I urge my colleagues to fight for els at the highest we’ve seen in a gen- important challenges we face as a Na- common sense, to protect women from eration, urgent needs for our schools, tion. this harsh attack, and to vote ‘‘no’’ on Americans still too dependent on for- This is a shameless, just a shameless H.R. 358. eign oil and imported energy—what bill. I urge a ‘‘no’’ vote on H.R. 358. The gentleman before was talking does the Republican leadership bring Mr. PITTS. I yield 1 minute to the about public funding being used for up for us to debate? Yet another bill to distinguished vice chairman of the abortions. What is that—using tax- limit women’s access to reproductive Health Subcommittee, the gentleman payers’ money for incest, or to save the health services. from Texas, Dr. BURGESS. life of a woman, or for rape? Would we Mr. BURGESS. I thank the chair- deny women the right to have an abor- b 1740 man. I won’t take the full minute. I tion if they were raped or if it would Now, I say another bill because the just simply wanted to respond to what save their lives? I think not. I think House has already adopted H.R. 3, and we just heard here on the floor of the the American people can see through that bill codified into law that no Fed- House. this one. This is nothing more than

VerDate Mar 15 2010 03:45 Oct 14, 2011 Jkt 019060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\K13OC7.073 H13OCPT1 smartinez on DSK6TPTVN1PROD with HOUSE H6890 CONGRESSIONAL RECORD — HOUSE October 13, 2011 playing to the base. It’s bad policy for endowed by our Creator with inalien- the Patient Protection and Afford- this country. able rights, including the right to life. ability Act. This legislation also pro- Let’s get the government out of peo- b 1750 tects the conscience rights for health ple’s lives. Vote ‘‘no’’ on this bill. care workers such as myself by pro- Mr. PITTS. Madam Speaker, I yield 1 Our Founding Fathers laid out the viding that Federal agencies and State minute to another distinguished mem- principle of life, and today we have an and local governments funding by ber of the Health Subcommittee, the opportunity to affirm and carry on PPACA may not discriminate against gentleman from Georgia, Dr. PHIL that mantle by passing the Protect health care entities that refuse to be GINGREY. Life Act. involved in abortion. Mr. GINGREY of Georgia. I thank Mr. PALLONE. I yield 11⁄2 minutes to The SPEAKER pro tempore. The the gentleman from Pennsylvania for the gentleman from Rhode Island (Mr. time of the gentlewoman has expired. yielding, and I commend him for his CICILLINE). Mr. PITTS. I yield the gentlelady an great work on this bill. Mr. CICILLINE. Madam Speaker, I additional 15 seconds. As a practicing OB/GYN for nearly 30 rise in strong opposition to this dan- Mrs. BLACK. Madam Speaker, this years, I believe that all life is sacred. gerous legislation, the so-called Pro- bill is not about a mother’s right to Having delivered more than 5,000 babies tect Life Act, which will, in fact, en- choose, as the President and the con- into this world, I have a deep apprecia- danger the lives of women. gressional Democrats would lead us to tion for how wonderful life is. With only 23 legislative days remain- believe. Rather, this is about ensuring The issue of abortion is a very per- ing in this session before the end of the that the proper restrictions are in sonal matter for me, as it is for many year, I’m stunned by the decision to place in order to assure that taxpayer in this country and on both sides of the waste precious time debating this bill, funds are not used to fund abortion or aisle of this issue. However, the dec- this unprecedented attack on women’s abortion coverage under the Patient ades-old debate on the issue of abortion health and the right of women to ac- Protection and Affordable Care Act. in this country, that’s not why we’re cess reproductive health care. Mr. PALLONE. Madam Speaker, I on the floor today. We’re here today to We should, instead, be spending this yield 1 minute to the gentleman from answer one question: Should taxpayer time debating ways to grow our econ- California (Mr. THOMPSON). dollars be used to fund abortions? And omy, ways to help small businesses cre- Mr. THOMPSON of California. I when an elective procedure—a choice— ate jobs, and ways to rebuild our roads thank the gentleman for yielding. can decide between life and death, I and schools so that we can put people Madam Speaker, I rise in strong op- position to this bill. A new poll today would suggest that it is an important back to work and improve our competi- suggests that the 9–9-9 campaign theme question to answer. The Protect Life tiveness in the global marketplace. of the new Republican Presidential Act is a piece of legislation that seeks But instead of talking about how we front-runner is starting to gain trac- to answer that question and set right create jobs, we’re debating merits of a tion. And it appears that the majority what the Congress got wrong. bill intended to continue the war on has taken a page from the Cain play- Speaking as a grandfather, a father, women being waged by my Republican book with their 10–10–10 program, be- a son, and an OB/GYN physician, I will colleagues. This bill would effectively cause this is the 10th month without a be voting to ensure that our govern- limit, for the first time, how women jobs bill on the floor, the 10th time ment does not put taxpayer dollars be- can spend their own private dollars to we’ve put polarizing social issues and hind any person who seeks an elective purchase health insurance. This is out- attacks on women’s health before job abortion. rageous. Mr. PALLONE. Madam Speaker, may creation and economic security, and I am certain Members of this body I ask how much time remains on both the 10th attempt at repealing parts or would never dare to enact legislation sides of the aisle? all of the Affordable Care Act. limiting the ability of men to access The SPEAKER pro tempore. The gen- This bill creates no jobs, it doesn’t health care. tleman from New Jersey has 16 min- help the economy, and it inserts the I urge my colleagues to vote ‘‘no’’ on utes. The gentleman from Pennsyl- government smack in the middle of this bill, to end the attack on women’s vania has 203⁄4 minutes. people’s health care decisions. Mr. PALLONE. I reserve the balance rights and women’s health, and to I urge a ‘‘no’’ vote on this bill and of my time. focus, instead, on job creation. urge the majority to get to work help- Mr. PITTS. Madam Speaker, at this Mr. PITTS. Madam Speaker, I yield 1 ing the economy and creating jobs. time I yield 1 minute to the gentlelady minute to the gentlewoman from Ten- Mr. PITTS. Madam Speaker, I am from Missouri (Mrs. HARTZLER). nessee (Mrs. BLACK). pleased to yield 1 minute to another Mrs. HARTZLER. I thank my dear Mrs. BLACK. I thank the gentleman leader on the life issue, the gentleman colleague here for yielding. from Pennsylvania for yielding. from Iowa (Mr. KING). Madam Speaker, I rise in support of For over 30 years, the Hyde amend- Mr. KING of Iowa. I thank the gen- the Protect Life Act, which will ensure ment, in conjunction with a patchwork tleman from Pennsylvania for his lead- that taxpayer dollars are not used to of other policies, has regulated the ership on this issue, and I’m privileged pay for abortions through last year’s Federal funding of abortions under pro- to be on the floor with a lot of pro-life health care bill. It is right and proper grams such as Medicaid; and together, activists. that we should do so. these various policies ensure the Amer- I rise in support of the Protect Life Every life deserves to be born and is ican taxpayer is not involved in fund- Act, and I think we should talk about worthy of life. Every life has a purpose ing the destruction of innocent human what is really going on behind those and a plan. King David reminds us of life. dollars that would go into abortion the value of life in our Creator’s eyes And despite the assurances from clinics. when he penned the following: ‘‘For President Obama, the Patient Protec- It’s been called cruel legislation. You created my inmost being; You knit tion and Affordability Care Act will Think about how cruel it is to take a me together in my mother’s womb. I allow Federal funds to subsidize abor- pair of forceps and pull a baby apart praise You because I am fearfully and tions for the first time since 1976 piece by piece in dilation and extrac- wonderfully made; Your works are through State high-risk pools and com- tion, or D&E. Fourteen to 24 weeks, a wonderful, I know that full well. My munity health centers. fully formed, perfect, perfectly formed frame was not hidden from You when I While the President’s Executive and perfectly innocent baby pulled was made in the secret place. When I order was an attempt to reassure Con- apart piece by piece, put into a pan and was woven together in the depths of gress after the Stupak amendment did added up to see if all the pieces are the Earth, Your eyes saw my unformed not make it into the bill’s final there. It is ghastly, it’s gruesome, it’s body. All the days ordained for me version, the fact of the matter is that ghoulish, and it’s grotesque, and we were written in Your Book before one the Executive order is not law and it should never compel taxpayers to pay of them came to be.’’ can change all too easily. for something that we couldn’t bear I’m thankful that our Declaration of This bill will prohibit funding for the sight of. And you’ll never see a Independence recognizes that we are abortions and abortion coverage under video of it for that reason.

VerDate Mar 15 2010 03:45 Oct 14, 2011 Jkt 019060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\K13OC7.075 H13OCPT1 smartinez on DSK6TPTVN1PROD with HOUSE October 13, 2011 CONGRESSIONAL RECORD — HOUSE H6891 It is a process that degrades our en- any Federal funds to be used to pay for So we now know the Republicans’ tire culture. And to argue that women abortion any time, any place in this real agenda: to roll back women’s can’t spend their own dollars to get an health care bill. health and rights. They have shown abortion just simply isn’t true. There I urge my colleagues to pass this and their true colors by trying to weaken is a side piece in this that still pre- correct the language that should have the rape and incest exceptions for abor- vails, and there’s always that cash been done a year ago. tions. It’s hard to believe, but a major- right up to the Planned Parenthood. Mr. PALLONE. Madam Speaker, I re- ity of the Republican House Members So, Madam Speaker, I urge support serve the balance of my time. cosponsored legislation to give insur- for the Protect Life Act, and I con- Mr. PITTS. Madam Speaker, at this ance companies new authority to de- gratulate the people that have stood time I yield 1 minute to another out- cide if a woman had been raped and to for innocent, unborn human life so standing voice for the unborn, the gen- deny care to incest victims. Thanks to many times on the floor of the House tleman from Indiana (Mr. PENCE). the American women who spoke out, of Representatives. (Mr. PENCE asked and was given per- this dangerous provision was dropped. Mr. PALLONE. Madam Speaker, I mission to revise and extend his re- But I think it raises an important yield 1 minute to the gentlewoman marks.) question: If Republicans are willing to from New York (Ms. VELA´ ZQUEZ). ´ b 1800 redefine what constitutes rape and in- Ms. VELAZQUEZ. I thank the gen- cest, what are they going to try next? tleman for yielding. Mr. PENCE. Madam Speaker, I rise Enough is enough. It is time for the At a time when the American people in support of the Protect Life Act with Republican majority to respect wom- are crying out for action on jobs, we a grateful heart for Chairman JOE en’s important life decisions, and it is are debating legislation that will in- PITTS and Congressman DAN LIPINSKI time that they start to stand and start stead trample on a woman’s funda- for their bipartisan leadership in bring- to refocus on the priorities of this mental reproductive rights. The fact of ing this legislation to the floor. I be- country right now—jobs and growing the matter is that the Affordable Care lieve that ending an innocent human the economy. I urge my colleagues to Act prohibits any taxpayers’ dollars life is morally wrong. But I also believe oppose this extreme and intrusive leg- from paying for abortions. That’s the that it’s morally wrong to take the islation. law of the land. taxpayer dollars of millions of pro-life The legislation before the House goes Mr. PITTS. Madam Speaker, before I Americans and use them to subsidize yield to the next gentleman, in re- far beyond that, restricting, for the abortion or abortion coverage in this first time, how women with private in- sponse to the gentlelady, the House has country. As it stands today, passed 12 different jobs bills already. I surance can spend their own private ObamaCare requires millions of pro-life dollars in purchasing insurance. For believe the gentlelady has voted taxpayers to pay for abortions and sub- against every one. They’re sitting in women, this bill constitutes nothing sidize health care plans that cover less than a full-fledged assault on their the Senate waiting for action. abortions. This legislation will correct I would like to yield 1 minute to the right to choose. that profound flaw. Madam Speaker, with 8 million peo- gentleman from Arizona, another lead- Now, I know President Obama issued ple unemployed in this country, with er in the pro-life movement, Mr. an Executive order during the heat of wages going down, poverty is on the FRANKS. the legislative battle over ObamaCare, rise, and this is all that the Repub- Mr. FRANKS of Arizona. I certainly but we all know Executive orders do licans have to offer. This is why people thank the gentleman. not carry the force of law. They can be are literally in the streets demanding Madam Speaker, when ObamaCare overturned by the courts and are super- solutions to the job crisis, seeking was being unceremoniously rammed seded by statutes. greater opportunity and an end to eco- through this Congress against the will ObamaCare should be repealed. But nomic inequality. of the American people, Democrats The American people do not want in the meantime, let’s take this mo- tried to assure everyone that it was all ideological posturing. They want real ment to say ‘‘yes’’ to life, to say ‘‘yes’’ about compassion. solutions that create real jobs. Vote to respecting the values of tens of mil- But, Madam Speaker, nothing so down this legislation. lions of Americans and make right that completely destroys the notion that Mr. PITTS. Madam Speaker, I am which was wrong in ObamaCare itself. ObamaCare was ever about compassion pleased to yield 1 minute to another el- Let’s pass the Protect Life Act, and more than the tragic determination on oquent voice for the unborn, the chair let’s protect taxpayers of pro-life val- the part of the Democratic leadership of the Pro-Life Women’s Caucus, the ues all across this country and do it to include the killing of little children gentlewoman from Ohio (Mrs. now. by abortion in its provisions. SCHMIDT). Mr. PALLONE. Madam Speaker, I Now, Madam Speaker, as we face a Mrs. SCHMIDT. I’m actually one of yield 2 minutes to the gentlewoman debt that grows by $4 billion under the the folks that read the bill before we from Wisconsin, who is also a member strain of Mr. Obama’s record-setting passed it, and there are passages in the of the Health Subcommittee, Ms. spending every day, maybe we should bill that do allow for Federal funding BALDWIN. all ask ourselves a question, and that of abortion. What this bill does is it Ms. BALDWIN. Notably absent from is, is setting aside millions of taxpayer seeks to correct that language. the Republican agenda this year are dollars to pay for the killing of inno- The Hyde amendment clearly states the issues that the American people cent unborn children really one of our that no Federal tax dollars can be used really care about—creating jobs and financial priorities? for abortion. At the time that the Hyde growing our economy. Just when we And if it is, we should ask another amendment was created, we really only should be pulling together to work on question, and that is, what in God’s had Medicaid to worry about; but with these issues, instead, Republicans have name has become of all of us? the vast changes in our lifestyles, put forth divisive and extreme legisla- Mr. PALLONE. Madam Speaker, may other avenues have come forward for tion that takes away women’s ability I ask about the time again? Federal funding of abortion to occur if to make their own important life deci- The SPEAKER pro tempore. The gen- we are not careful in the way we con- sions about their reproductive health. tleman from New Jersey has 11 min- struct laws in this awesome body. This extremist legislation is an un- utes remaining. The gentleman from Time and time again, the American precedented display of lack of respect Pennsylvania has 141⁄4 minutes remain- public has said we’re conflicted on the for American women and our safety. ing. issue of abortion, but we’re not con- The effect of this bill would be to cut Mr. PALLONE. I reserve the balance flicted about not using Federal funds off millions of women from the private of my time. to pay for it. Just in April of this year, care they already have and limit the Mr. PITTS. Madam Speaker, at this 61 percent of respondents on a CNN poll ability of a woman to get the care she time I yield 1 minute to the gentleman said no Federal funding of abortion. needs, even if the result is a serious from Ohio (Mr. AUSTRIA). What this bill does is what we should permanent health condition that could Mr. AUSTRIA. I thank the gen- have done in March of 2010—not allow shorten her life. tleman from Pennsylvania for his hard

VerDate Mar 15 2010 03:45 Oct 14, 2011 Jkt 019060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\K13OC7.077 H13OCPT1 smartinez on DSK6TPTVN1PROD with HOUSE H6892 CONGRESSIONAL RECORD — HOUSE October 13, 2011 work on this bill. As a member of the decades to ensure that federal funds When they went to the Senate, they Congressional Pro-Life Caucus and are not used for abortion except in rare were all taken out. We’re going back to original cosponsor of this bill, I strong- cases of rape, incest, or to save the life the original Stupak-Pitts amendments. ly support the Protect Life Act. of the mother. This is typically done With that, I yield 1 minute to the We heard during the health care re- by attaching language to appropriation gentleman from Michigan (Mr. form debate that tax dollars would not bills that go through this House. Unfor- HUIZENGA). be used to fund abortions. However, tunately, we don’t always have regular Mr. HUIZENGA of Michigan. I appre- this important language was stripped order. ciate the leadership of my friend from from the final bill and replaced with Appropriation bills this year are like- Pennsylvania, who has been stalwart accounting gimmicks and an Executive ly to see a minibus or an omnibus or a on this issue. order that can be reversed at any time vehicle that might not lend itself to at- Really, what we’re seeing, folks, is a by this President or future administra- tachment of this language. So I think sleight of hand. They want to talk tions. it is prudent what the House is doing about jobs, and they want to talk This opens the door for federally today to ensure that this language goes about Big Oil because they don’t want funded abortions in the future and goes into legislation to make sure that fed- to talk about the preciousness of life against the majority of Americans who eral funds are not used for abortion and how this procedure takes the life of believe that the government should not services and to carry on the will of this an innocent. It has been labeled an ‘‘ex- be in the business of paying for abor- body. For that, I urge support of the treme’’ bill when, actually, this is a tions. Congress must act now to pro- bill. reasonable step that codifies what this tect the lives of our unborn children Mr. PALLONE. I yield 2 minutes to President says is his own position. and to fully ensure that no tax dollars the gentlewoman from California (Mrs. I have a brother-in-law who is a doc- from ObamaCare are used to fund abor- CAPPS), who is a member of the Health tor down in Cincinnati. A little earlier tions. Subcommittee. today, I called him to talk to him The Protect Life Act also ensures Mrs. CAPPS. Madam Speaker, I rise about what he went through in his that medical providers and workers are in opposition to this misguided legisla- training and what he had to deal with not discriminated against for refusing tion. as to this particular issue. to perform abortions. These protec- While the House leadership claims When I described to him what we tions are crucial for health care pro- that this week’s agenda is all about were trying to do about allowing him viders around the Nation whose core jobs, the discussion of this bill on the and any other med student and any values include a deeply held belief that House floor shows their true colors. other person who is going through that we must protect all human life. I urge Just like when they almost shut down to conscientiously object from putting my colleagues to vote for the Protect the government over Planned Parent- forward a procedure that they don’t Life Act. hood, today we, once again, witness agree with, he said, Of course, that Mr. PALLONE. I yield 1 minute to how ideological campaign promises makes sense. the gentlewoman from Ohio (Ms. SUT- trump needed actions on jobs and the When I started talking to him about TON). economy. some of the rhetoric and about some of Ms. SUTTON. Madam Speaker, the It’s been said before, and I’ll say it the demagoguery that’s surrounding Republican majority is at it again. again, H.R. 358 does not create a single this, he sarcastically said, Boy, that With no real jobs plan, we’ve seen this job—not one. Instead, it’s an unprece- doesn’t sound political, does it? majority attempt to thrust on the dented assault on the rights of women That’s exactly what it is. American people bills that strip them and families everywhere to make im- The American people who are watch- of their rights instead of putting them portant life decisions. ing this right now need to understand back to work. Make no mistake: Those that this is about life and protecting b 1810 proposing this know this extreme bill that life and making sure that our will not pass the Senate and it will not This bill does a lot. It limits the health care providers have the ability be signed into law by the President. choices of women and families to pur- to say ‘‘no’’ to a procedure that they This bill, at its core, is an attack on chase health insurance with their own don’t want to do. women, especially poor women. Its ex- dollars; it removes vital protections to Mr. PALLONE. I yield 30 seconds to treme provisions will jeopardize a ensure that a pregnant woman with a the gentlewoman from Texas, Ms. SHEI- woman’s access to lifesaving care. It is life-threatening condition can get life- LA JACKSON LEE. outrageous that this Republican major- saving care; and it circumvents State Ms. JACKSON LEE of Texas. Madam ity continues to focus on protecting laws that ensure that women have ac- Speaker, let me be very clear. The only subsidies for Big Oil, tax cuts for bil- cess to preventive services, like ‘‘no’’ that is being said is ‘‘no’’ to the lionaires, and targeting women and screenings and birth control. vulnerable women who are traveling in their access to health care. But what this bill doesn’t do is trust emergency ambulances to the hospital, Instead of working to help create our Nation’s women and families to desiring emergency treatment, dying, jobs and empower women to improve make their own health care choices. and not being able to be treated, need- their lives, the Republican majority is, This is unacceptable. ing to correct a problem that has, in instead, trying to pass this bill to Some have claimed that the Afford- fact, damaged their health and not allow hospitals to refuse to provide able Care Act has led to taxpayer-fund- being able to be treated. critical, lifesaving care. That means ed abortions. That is false. Others have Not only is this bill unconstitutional, women in rural areas who may only claimed that this bill is nothing but but the Affordable Care Act does not have access to one hospital could be the Stupak language that divided our promote abortion. Frankly, Federal left to die. Chamber last year. I was involved in funds are not being utilized for abor- This isn’t the time to be putting every debate over the Stupak amend- tion as it will complicate the insurance America’s women at risk. This is the ment in the House. Madam Speaker, I process for all women in America. time to be putting them and all Ameri- can tell you this is way beyond that All you can hear is the siren going cans back to work. I encourage my col- misguided amendment. around and around and around—that leagues to vote ‘‘no’’ on this extreme So I urge my colleagues to abandon woman lying on a gurney—and that bill. this divisive effort, to put the brakes hospital being able to say ‘‘no’’ and Mr. PITTS. Madam Speaker, I yield 1 on this extreme legislation, and to let ‘‘yes.’’ The only ‘‘no’’ is that she will minute to the distinguished gentleman us turn our focus to the issue of job not live because this bill is passed. from Arizona (Mr. FLAKE). creation to help the American people. I ask my colleagues to vote against Mr. FLAKE. I thank the gentleman Mr. PITTS. Madam Speaker, just to this bill. Vote for life. Vote against for yielding. correct the gentlelady, there were this bill. I rise in support of H.R. 358, the Pro- three Stupak-Pitts amendments. Two Madam Speaker, I rise today in strong op- tect Life Act, of which I’m a cosponsor. were adopted in committee and one on position to H.R. 358, The Protect Life Act. This It’s been the practice of this House for the floor, which got the most publicity. bill will have a detrimental impact on women’s

VerDate Mar 15 2010 03:45 Oct 14, 2011 Jkt 019060 PO 00000 Frm 00036 Fmt 7634 Sfmt 9920 E:\CR\FM\K13OC7.079 H13OCPT1 smartinez on DSK6TPTVN1PROD with HOUSE October 13, 2011 CONGRESSIONAL RECORD — HOUSE H6893 health, and moreover, attacks a woman’s con- abortions. This argument is an extreme over- Mr. NEUGEBAUER. I thank the gen- stitutionally protected right to choose. It will re- reach. The Affordable Care Act already in- tleman for yielding, and I thank him strict Access to health care services. It would cludes a provision that prohibits any U.S. tax- for his tireless work for the unborn. effectively shut down the private insurance payer dollars from funding abortions. As this is I think it’s a little interesting. I market for allowing women to get complete the case the purpose of this bill seems to only came down here tonight to talk about health care coverage. Once again instead of be to rattle people’s cages by attacking life, and my colleagues across the aisle focusing on JOBS we are again focusing on women and failing to address the job crisis in are talking about the jobs bill that issues that will not help to feed American fam- this country. We should focus on creating their President introduced. Unfortu- ilies. jobs. This bill seems to be a red herring. In- nately, the last time I checked, zero As a strong advocate for women’s health, I stead of focusing on jobs, the economy, re- Democrats had cosigned that bill. cannot stand by and watch as those who do building America, we are instead focusing on Really, what I want to talk about to- not support the rights of women to determine an issue that everyone knows is divisive. night, Madam Speaker, are the rights their health care options find different and Women would no longer be able to have full of the unborn. often insidious ways to take away their ability health care coverage without disclosing very We were told when we did this health to have full health care coverage. personal information. They must predict in ad- care bill, Don’t worry about it. We’ll do We are asking women to give up their right vance whether or not they are going to use a the Executive order because we’re to privacy. These decisions need to be be- service that is legal in this country. It is the going to take the Stupak-Pitts amend- tween a woman and her doctor. She has the law, and the law should be upheld. Women ment out. right to determine who, if anyone else she would be required to buy separate coverage The truth of the matter is, if we were would like to inform of her health care choices. specifically for abortions. There is no such pol- going to do the Executive order, why In addition to rendering it nearly impossible for icy for any health procedure that a man may didn’t we go ahead and pass the Stu- women to get insurance coverage for abortion be required to undergo. This is an issue of pri- pak-Pitts amendment? The reason is care in the new state health exchanges, H.R. vacy, this is an issue of fairness, and this is that we know, inside that bill, in sev- 358 allows public hospitals to refuse to pro- an issue of gender equality. A woman like a eral paragraphs and in several areas, is vide emergency abortion care, even in situa- man has the right to make private, personal the ability for taxpayer money to be tions when the procedure is necessary to save choices about her health. She should not be used for abortion. a woman’s life. punished by not having access to adequate In fact, according to Douglas John- This has been a long and hard fight. Thirty- health care. This is about a constitutional right! Mr. PITTS. Madam Speaker, I yield 1 son, the Federal legislative director of eight years ago, the American people learned the National Right to Life Committee, of the Supreme Court’s momentous ruling in minute to another outstanding voice for the unborn, one of our freshmen ‘‘ObamaCare contains multiple provi- Roe versus Wade—the case which estab- sions that provide authorizations for lished constitutional restrictions on the State’s from Oklahoma (Mr. LANKFORD). (Mr. LANKFORD asked and was subsidies for abortion, both implicit ability to regulate or restrict a woman’s deci- and explicit, and also multiple provi- sion to have an abortion. In the year 1973, the given permission to revise and extend his remarks.) sions which may be used as bases for Supreme Court asserted that the 14th amend- abortion-expanding administrative ac- ment protects a woman’s right to choose for Mr. LANKFORD. We are a Nation that values all life. tions.’’ herself whether to have an abortion. When a bridge is under construction Let’s vote for life. Many women in 1973 must have viewed the and a migratory bird’s nest with eggs Mr. PALLONE. Madam Speaker, I Supreme Court’s ruling in Roe versus Wade is discovered, the Fish and Wildlife Mi- yield 2 minutes to the gentlewoman as an encouraging turning point in the way our gratory Bird Treaty Act forces the from Illinois (Ms. SCHAKOWSKY). courts recognize the rights of women under delay of construction until the birds Ms. SCHAKOWSKY. I thank the gen- the Constitution. The Roe versus Wade deci- have hatched and flown away. tleman for yielding. sion at last offered a choice to many women Why? Because life is important to us. We are running out of legislative who had been victims of rape or incest, but When a baby is born prematurely, we days before the end of the year, and in- had been denied abortion as a legal option. spend hundreds of thousands of dollars stead of focusing on jobs or the econ- Roe versus Wade offered a choice to many to save that child because each life is omy, the House leadership has decided women whose lives would have been threat- important to us. We have one glaring once again to consider legislation that ened by going through childbirth, but had been and obvious exception to this passion endangers and attacks the rights of denied abortion as a legal option. And Roe for life: abortion. women. versus Wade offered a choice to women who, For some reason, we see the life of a H.R. 358 is extreme legislation that for a variety of personal reasons, would prefer duck and its egg as more valuable than puts the lives of women in danger. This not to carry a pregnancy to term, but had ear- an infant in the womb. For some rea- legislation undermines the guarantee lier been denied abortion as a legal option. son, we think that a baby born 5 weeks of emergency care under the Emer- Indeed, it is my hope that the Supreme early is worthy of hundreds of thou- Court will continue to protect women against gency Medical Treatment and Active sands of dollars of medical technology Labor Act, EMTALA. any State erosion of a woman’s individual to save; but if that same mother want- rights. Let us not undermine the breakthrough H.R. 358 strips EMTALA of its power ed to hire a doctor to reach in the to ensure that women receive abortion made for women by the Supreme Court in womb and kill that child with scissors care in emergency situations at hos- 1973. Let us not jeopardize the right of a 5 weeks before delivery, some would de- pitals by making their right to health woman to choose whether she will bear chil- mand her choice must be protected. dren. Let us not place a woman’s right to per- What our Founding Fathers consid- care secondary to a hospital’s ability sonal privacy at risk. Instead, let us reaffirm ered a self-evident truth is that we to refuse to provide abortion care. those rights and give consistent support not have been endowed by our Creator with Abortion care is necessary in some only to those who choose to have children, but certain rights, beginning with ‘‘life,’’ circumstances to save a woman’s life. also to those who do not. which is now a topic open for discus- During the hearing on H.R. 358 in the Since Roe v. Wade, a woman’s right to sion in our modern day ethic. Energy and Commerce Committee, choose has been systematically eroded by I still believe in the value of the in- some witnesses wrongly claimed that anti-choice legislators. In fact, more than 450 structions given to leaders thousands this was not the case. In response to anti-choice measures have been enacted in of years ago in Proverbs 31: ‘‘Speak up those claims, Dr. Cassing Hammond, the states since 1995, essentially rolling back for those who cannot speak for them- director of Northwestern University’s this fundamental right for many women. selves, for the rights of all who are des- Center for Family Planning and Con- Women in 19 states could face sweeping bans titute. Speak up and judge fairly.’’ traception wrote a letter, based on his on abortion if the Supreme Court reverses Mr. PALLONE. Madam Speaker, I be- 20 years of experience in obstetric and Roe and allows states to re-criminalize abor- lieve there is still more time on the complex abortion care, to the com- tion, menacing doctors and their patients with other side; so I would reserve at this mittee to set the record straight. the threat of criminal investigation, prosecu- time. In his letter, Dr. Hammond states: tion, and even imprisonment. Mr. PITTS. At this time I yield 1 ‘‘Most patients are healthy women The argument has been over and over that minute to the distinguished gentleman having healthy babies, but I am fre- tax payer dollars should not be used to fund from Texas (Mr. NEUGEBAUER). quently asked to provide abortions for

VerDate Mar 15 2010 03:45 Oct 14, 2011 Jkt 019060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\A13OC7.014 H13OCPT1 smartinez on DSK6TPTVN1PROD with HOUSE H6894 CONGRESSIONAL RECORD — HOUSE October 13, 2011 women confronting severely troubled Mr. PALLONE. I continue to reserve What we ought to collectively re- pregnancies or their own life-endan- the balance of my time. spect is the urgent demands of the gering health issues. Physicians who Mr. PITTS. Madam Speaker, I yield 1 American public to come together and provide health care to women cannot minute to the gentleman from New get to work to put the country back to choose to ignore the more tragic con- Mexico (Mr. PEARCE). work. That should be the agenda of the sequences of human pregnancy—and Mr. PEARCE. I thank the gentleman Congress, not this bill. Let us work our neither should Congress.’’ from Pennsylvania. will, and whatever it is tonight, I’ll be This legislation is an extreme and In the United States, if you destroy voting ‘‘no.’’ But can’t we work our mean-spirited way to roll back wom- an eagle egg you are subject to 5 years will on a plan to work together and put en’s health and rights. It is too ex- in jail and a $250,000 fine. If you destroy the country back to work? treme for women, too extreme for a human egg, it’s not only legal, but Mr. PITTS. I yield 1 minute to the America, and we must reject it. it’s taxpayer funded. That’s what we’re distinguished gentleman from Lou- Mr. PITTS. Madam Speaker, I am here to talk about. isiana (Mr. LANDRY). pleased to yield 2 minutes to one of the You would hear our friends say that Mr. LANDRY. Madam Speaker, this outstanding pro-life leaders in this we’ve taken too much time today, that is not a divisive issue; this is a bipar- House, a pro-life Democrat, my cospon- we can’t give 2 hours out of the endless tisan issue. The language in H.R. 358 sor of the Protect Life Act, the gen- lunches, out of the fundraisers, out of was in the Stupak-Pitts amendment tleman from Illinois, DAN LIPINSKI. the rubbing elbows with the powerful passed in the Democrat-led House last to talk for the unborn and the inno- Congress. b 1820 cents. If they supported it then, why would Mr. LIPINSKI. I thank the gen- I would tell you that even in eco- they not support it now? Because of tleman for yielding and for his leader- nomic times we cannot suspend our Executive order? Absolutely not. ship on this issue. voices against injustice. We cannot ObamaCare created a fund specifi- Madam Speaker, I rise today in suspend our voices for the weak, the cally reserved for abortion coverage. strong support of the Protect Life Act, powerless. It is our sacred duty to be a So what in the world makes one think a bill which will apply the decades-old voice in the Republic for those who this money will not support abortion Hyde amendment policy prohibiting have no standing. The unborn have no coverage? We all remember, ‘‘We have taxpayer funding of elective abortion standing and no voice. to pass this bill before we find out to the Affordable Care Act. Let us allow our voices to be heard what’s in it.’’ Unfortunately, they passed the bill, While the discussion in our Nation for these 2 hours. continues concerning laws governing Mr. PALLONE. Madam Speaker, I and we found no language to ensure abortions, there has been a general yield 2 minutes to the gentleman from taxpayers won’t have to pay for some- thing the majority of Americans don’t consensus to prohibit the use of tax- New Jersey (Mr. ANDREWS). payer money to pay for elective abor- (Mr. ANDREWS asked and was given support. Madam Speaker, if my colleagues on tion or insurance coverage of abortion. permission to revise and extend his re- the other side of the aisle insisted the This has long been embodied in the marks.) health care law prohibits taxpayer Hyde amendment that annually has Mr. ANDREWS. I thank my friend for funding for abortion, then they should been included in an appropriations bill yielding. which most of us on both sides of the What I’m hearing from the people in support the bipartisan H.R. 358 to en- aisle have voted for. my area, I think most Members are sure that it is, indeed, the case. Mr. PALLONE. I have one speaker The Protect Life Act simply applies hearing this, is the American people left; so I reserve the balance of my the Hyde amendment to the Affordable want the divisiveness to stop and the Care Act, just as the House did in 2009 time. jobs to start. Mr. PITTS. Madam Speaker, at this with the Stupak-Pitts amendment dur- This bill tonight does the opposite. time I yield 1 minute to the gentleman ing our initial consideration of the Af- It’s the most divisive issue we could from Kansas (Mr. HUELSKAMP). fordable Care Act. At that time, 63 of really put before this House and this (Mr. HUELSKAMP asked and was my Democratic colleagues joined me in country. given permission to revise and extend voting for that amendment. However, There was a carefully balanced com- his remarks.) the final bill that became law did not promise that’s been the law of the Mr. HUELSKAMP. Madam Speaker, I include that language, and the Presi- land—and is the law of the land—for a rise today, as the father of four adopt- dent’s Executive order does not imple- very long time that says that taxpayer ed children, to offer my strong support ment the Hyde amendment. money should not pay for abortion, but for the Protect Life Act. The order does not include Hyde pro- that a woman who chooses to have an Opponents of this bill allege it is un- hibitions on taxpayer funding for in- abortion with her own money has that constitutional, and that is simply not surance coverage of abortion, and it right. true. While the Supreme Court has can be struck down by courts or over- This bill upsets that balance but, wrongfully decided abortion is a con- turned by any administration at any more importantly than that, I think stitutional right, they have also clear- time. In addition, what happened last this bill ignores the opportunity for us ly upheld the constitutionality of the year with State high-risk health plans to come together and stop the divisive- Hyde amendment and the language in covering abortion demonstrates the ness and start working on the problem this bill. vulnerability that the Executive order the country wants us to work on, Madam Speaker, this is not revolu- has and the need for clarity. which is the creation of jobs. tionary, earth-shaking legislation we Madam Speaker, today we have the Tomorrow will be yet another Friday are considering. I would like to see opportunity to provide that clarity and without a paycheck for millions of Congress go much further in protecting do what a large majority of Americans Americans. It might be the day that a life. want and what Congress has done for small businessman or businesswoman We should not be funding the abor- more than three decades; that is, pro- closes their shop for the last time. It tions in the District. We should be pro- hibit the use of taxpayer dollars for might be the day that the mortgage tecting conscience rights for health abortion. So today I urge my col- foreclosure is executed and someone care providers. We should stop giving leagues to support the Protect Life loses their home. money to organizations like Planned Act. This country is in crisis. There is an Parenthood. We should be ending the Mr. PALLONE. Madam Speaker, let emergency around this country that practice of abortion in America. me just ask about the time again. I needs to be dealt with right now. This bill is an important step, but have two more speakers. People feel very, very deeply about more certainly needs to be done. I urge The SPEAKER pro tempore. The gen- the issue of abortion on both sides. I my colleagues to protect life and sup- tleman from New Jersey has 6 minutes respect both sides. The law respects port this bill in honor of all adopted remaining, and the gentleman from both sides with the compromise that children, their birth families, and their Pennsylvania has 7 minutes remaining. we have. adoptive families.

VerDate Mar 15 2010 03:45 Oct 14, 2011 Jkt 019060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\K13OC7.081 H13OCPT1 smartinez on DSK6TPTVN1PROD with HOUSE October 13, 2011 CONGRESSIONAL RECORD — HOUSE H6895 Mr. PALLONE. I continue to reserve ditions, just like any other patient—far too ices to override any conscience protections the balance of my time. many people dismiss the baby in the womb as added to PPACA. Contrary to the claims of Mr. PITTS. Madam Speaker, I yield 1 persona non grata. H.R. 358 opponents, Section 1303(d) is NOT minute to the distinguished chairman I respectfully but firmly asked how violence uniquely about the 1986 Emergency Medical of the Pro-Life Caucus, the gentleman against children by abortion—dismemberment, Treatment and Active Labor Act (EMTALA). from New Jersey (Mr. SMITH). chemical poisoning, lethal pills euphemistically The section references EMTALA but the oper- (Mr. SMITH of New Jersey asked and marketed as medical abortion—can be con- ative language is much broader, giving author- was given permission to revise and ex- strued as benign or compassionate or caring. ity to override conscience laws to any federal tend his remarks.) The dangerous myth of ‘‘safe abortion’’ must or state law that employs the term emergency Mr. SMITH of New Jersey. Madam be exposed. services. Speaker, abortion not only dismembers So-called ‘‘safe abortion’’ is the ultimate The ‘‘Nondiscrimination on Abortion’’ (new and chemically poisons unborn chil- oxymoron, an Orwellian manipulation of lan- subsection 1303 (g)) portion of H.R. 358, the dren to death, and my friend from New guage, designed to convey bogus respect- Protect Life Act applies to Obamacare the lan- Jersey (Mr. PALLONE) used to know ability to a lethal act. Abortion is never safe for guage of the Hyde/Weldon amendment, which that. He used to be very pro-life, as the child and is antithetical to UN Develop- has been in the annual Labor/HHS appropria- some other Members who have reversed ment Goal 4—which rallies the world to re- tions bills every year since 2004 without any themselves. duce child mortality. Abortion is, by any rea- effort to change or remove it. This subsection But it also hurts women’s health and sonable definition, child mortality. It sole pur- is needed because Obamacare creates many puts future children subsequently born pose is to kill a baby. new funding streams that bypass the Labor/ to women who aborted at significant Arrogant and presumptuous talk that brands HHS appropriations act, and therefore bypass risk. At least 102 studies show signifi- any child as an ‘‘unwanted child’’ reduces that the protections of the Hyde/Weldon amend- cant psychological harm, major depres- child to a mere object, bereft of inherent dig- ment in that act. sion, and elevated suicide risk in nity or value. Also, Obamacare creates a huge new pro- women who abort. Abortion, not only dismembers and chemi- gram administered by OPM that would man- Published just last month in the cally poisons unborn children to death, but age two or more new multi-state or national British Journal of Psychiatry, a meta- hurts women’s health and puts future children health plans. The new law stipulates that at analysis comprised of 22 studies and subsequently born to women who, aborted at least one plan not pay for abortion. Which only over 887,000 participants, the largest significant risk. At least 102 studies show sig- begs to question: what about the other new quantitative estimate of mental health nificant psychological harm, major depression multi-state plans administered by OPM? Why risk associated with abortion in world and elevated suicide risk in women who abort. can those federally administered plans include literature ever, revealed that women Published last month in the British Journal funding abortion on demand? This represents who have undergone an abortion expe- of Psychiatry, a meta analysis, comprised of a radical departure from current policy. rience an 81 percent increased risk of 22 studies and 887,181 participants, the larg- Additionally, other appropriated funds under mental health problems. You never est quantitative estimate of mental health risks Obamacare that have no Hyde-type protec- hear that from the abortion side. associated with abortion in world literature re- tions include billions for a temporary high risk The Times of London has also found vealed ‘‘women who had undergone an abor- health insurance pools and billions in grants the clear link that women had twice tion experienced an 81% increased risk of and loans for health care co-ops. In testimony before the Energy and Com- the level of psychological problems and mental health problems.’’ merce Committee on February, 9, 2011, three times the level of depression, and Recently, the Times of London reported Douglas Johnson, Federal Legislative Director subsequent risk to children born to ‘‘that women who have had abortions have for the National Right to Life Committee said: women who have had a previous abor- twice the level of psychological problems and The first major component of the PPACA tion. three times the level of depression as women to be implemented, the Pre-Existing Condi- This is all about no taxpayer funding who have given birth or who have never been tion Insurance Plan (PCIP) program, a 100% for abortion. pregnant . . .’’ federally funded program, provided a graphic Nothing less than a comprehensive prohibi- Similarly, the risk of subsequent children demonstration of the problem: The Depart- tion on public funding, promotion and facilita- being born with low birth weight increases by ment of Health and Human Services ap- tion of elective abortion in any federal health 35 percent after one and 72 percent after two proved plans from multiple states that would program, satisfies the demands of social jus- or more abortions. Another study shows the have covered elective abortions. NRLC docu- risk increases 9 times after a woman has had mented this and blew the whistle in July, tice. 2010, which produced a public outcry, after The Protect Life Act, authored by Chairman three abortions. which DHHS announced a discretionary deci- JOE PITTS and DAN LIPINSKI, ensures that all What does this mean for her children? sion that the PCIP plans would not cover the elements of the Hyde amendment applies Preterm birth is the leading cause of infant elective abortions. Commentators on all to all the programs that are both authorized mortality in the industrialized world after con- sides of the issue were in agreement about and appropriated in Obamacare. genital anomalies. Preterm infants have a one thing: Coverage of elective abortions By now, I trust that all members fully under- greater risk of suffering from chronic lung dis- within this new, 100% federally funded pro- stand that because programs in Obamacare ease, sensory deficits, cerebral palsy, cog- gram was not impeded by any provision of the PPACA, and was not even addressed in are both authorized and appropriated in the nitive impairments and behavior problems. Executive Order 13535. law, the actual Hyde Amendment has no legal Low birth weight is similarly associated with On the same day that DHHS issued its de- affect whatsoever. Hyde only affects Labor neonatal mortality and morbidity. cision to exclude abortion from this pro- HHS programs not this massive expansion of Obamacare authorizes health care plans gram—July 29, 2010—the head of the White government funded health care. and policies funded with tax credits to pay for House Office of Health Reform, Nancy-Ann Thus Obamacare when phased in fully in abortion, so long as the issuer of the federally DeParle, issued a statement on the White 2014 will open up the floodgates of public subsided plan collects a new congressionally House blog explaining that the discretionary decision to exclude abortion from the PCIP funding for abortion in a myriad of programs mandated fee from every enrollee in that plan ‘‘is not a precedent for other programs or resulting in more dead babies and wounded to pay for other peoples abortions. Requiring policies [under the PPACA] given the unique, moms than would otherwise have been the the segregation of funds into allocation ac- temporary nature of the program . . .’’ case. counts—a mere bookkeeping exercise touted Laura Murphy, director of the Washington Because abortion methods dismember, de- by some as an improvement to the new pro- Legislative Office of the American Civil Lib- capitate, crush, poison, starve to death and in- abortion funding scheme—does absolutely erties Union, said, ‘‘The White House has de- duce premature labor, pro-life Members of nothing to protect any victims—baby or moth- cided to voluntarily impose the ban for all women in the newly-created high risk insur- Congress, and according to every reputable er—from publically funded abortion. ance pools. . . . What is disappointing is that poll, significant majorities of Americans want Also billions for new Community Health there is nothing in the law that requires the no complicity whatsoever in this evil. Centers are outside the scope of the Hyde Obama Administration to impose this broad Obamacare forces us to be complicit. amendment as well. and highly restrictive abortion ban.’’ Despite breathtaking advances in recent Obamacare also contains a little known pro- (’’ACLU steps into healthcare reform fray years in respecting and treating the unborn vision that creates a devastating loophole for over abortion,’’ The Hill, July 17, 2010.)’’ child as a patient—in need of diagnosis and conscience rights. Section 1303(d) allows any Then there’s the Mikulski Amendment, Sec. treatment for any number of diseases or con- state or federal law involving emergency serv- 2713, which empowers the HHS Secretary

VerDate Mar 15 2010 03:45 Oct 14, 2011 Jkt 019060 PO 00000 Frm 00039 Fmt 7634 Sfmt 9920 E:\CR\FM\K13OC7.083 H13OCPT1 smartinez on DSK6TPTVN1PROD with HOUSE H6896 CONGRESSIONAL RECORD — HOUSE October 13, 2011 with broad new authority to force private would ask for support for this legisla- In addition, Madam Speaker, this bill health care plans in America to cover ‘‘pre- tion. also includes such broad refusal lan- ventable’’ services. When Senator BEN NEL- Mr. PALLONE. Madam Speaker, I guage it could override core patient SON suggested that abortion not be included in yield the balance of my time to the protections contained in the Emer- the so-called preventative services mandate, gentlewoman from Colorado (Ms. gency Medical Treatment and Active Ms. MIKULSKI said no—raising a serious red DEGETTE), who is really the most Labor Act, allowing hospitals to refuse flag that abortion is being postured as ‘‘pre- knowledgeable on this issue. lifesaving treatment to women on reli- ventable abortion service in the future’’—after The SPEAKER pro tempore. The gen- gious or moral grounds, thus causing all, abortion prevents a live birth, by extermi- tlewoman from Colorado is recognized their death inside the hospital despite nating the child. for 4 minutes. their treatable condition. Killing unborn children and calling it prevent- Ms. DEGETTE. Thank you, Madam Now listen, when I listen to this de- ative health care isn’t new. Speaker. bate, it’s really clear to me that the And as far back as 1976, Dr. Willard Cates, Madam Speaker, there are some days proponents of this bill, their main con- Jr. and Dr. David Grimes then with CDC pre- in this Congress I feel like I’m in Alice cern is not Federal funding of abortion. sented a paper to a Planned Parenthood in Wonderland where logic is turned on Their main concern is they want abor- meeting, entitled: Abortion as a Treatment for its head and all of us have fallen down tion to be illegal, and so here’s my Unintended Pregnancy: The Number Two the rabbit hole. Today is certainly one view. Having debated this now for 15 Sexually Transmitted ‘‘Disease’’. To designate of those days. years in this body, here’s my view. If pregnancy a sexually transmitted disease; and Here we stand on the 282nd day of the majority wants to pass a bill ban- call abortion a treatment or a means of pre- this Congress, and the House majority ning abortion, pass a bill banning abor- vention for this ‘‘disease’’ is barbaric. has not yet passed a jobs plan. Instead, tion and we’ll fight it out in the courts. Abortion isn’t health care—preventative or we have spent all day long once again Don’t make claims that there is some- otherwise. attacking women’s health with a bill how Federal funding for abortion when Madam Speaker, we live in an age of that will never become law. A similar in fact there is none to confuse the ultrasound imaging—the ultimate window to bill already passed the House and died issues and to try to confuse the Amer- the womb and it’s occupant. We are in the in the Senate, and the President has ican public because I’m going to tell midst of a fetal health care revolution, an ex- issued a veto threat on this bill even if you something. The public will not be plosion of benign innovative interventions de- it did somehow become law. confused. They know what this bill signed to diagnose, treat and cure disease or With only 20 legislative days left this does. They know they want jobs, and illness any unborn child may be suffering. year, the leadership of this body has they know that’s our agenda. Unborn children are society’s youngest and somehow decided that we should spend Vote ‘‘no’’ on this ill-conceived piece most vulnerable patients. Obamacare should the day advancing legislation which of legislation. do them no harm. Tragically, it does the worst would severely compromise women’s Mr. PITTS. Madam Speaker, I yield harm of all. It kills them. health. the balance of my time to the gen- b 1830 Madam Speaker, despite the claims tleman from Texas, Dr. BURGESS. from my colleagues across the aisle, Mr. PALLONE. Madam Speaker, is The SPEAKER pro tempore. The gen- this bill does not simply say that there the gentleman prepared to close? tleman from Texas is recognized for 2 Mr. PITTS. We have two additional won’t be any public funds for abortion. minutes. speakers. It goes far, far beyond. In fact, the Mr. BURGESS. I thank the gen- Mr. PALLONE. I continue to reserve Hyde amendment, which is the law of tleman for the recognition. the balance of my time. the land, says that there will be no Let’s be clear about the Affordable Mr. PITTS. At this time I yield 1 Federal funds for abortions except in Care Act. The EMTALA provision of minute to the gentleman from Ala- cases of rape, incest, or the life of the the underlying law, the Affordable Care bama (Mr. ADERHOLT). woman, period. Act, is not actually the EMTALA pro- Mr. ADERHOLT. Madam Speaker, I Let me say that again. There is no vision because it puts in a great big rise in strong support of this legisla- Federal funding of abortion anywhere loophole. The loophole is in the lan- tion, the Protect Life Act. I do want to in Federal law. guage of the law, and it said providing thank the gentleman from Pennsyl- Let me say that again. The Federal emergency services as required by vania (Mr. PITTS) and the gentleman law, not the Federal employees health State or Federal law, which may be from Illinois (Mr. LIPINSKI) for this bi- care plan, not Medicaid, not the mili- changed; and therein is the problem. partisan legislation. tary, not the Affordable Health Care Most of us remember the night before As we have heard during this debate, Act, nowhere in the law is there Fed- the Affordable Care Act passed. We re- the health care legislation that was eral funding for abortion, period. In the member the drama of Bart Stupak signed into law back in 2010 simply did Affordable Health Care Act, in section going down to the White House. We re- not protect the unborn. It in no way in- 1303, it specifically says there will be member the drama of the Executive cluded clear or direct provisions that no Federal funding for abortion. order. So what Mr. PITTS is providing would prohibit Federal funding of abor- Now, this bill, contrary to the claims us today is the ability to put the lan- tion, and the President’s Executive of its proponents, goes far beyond cur- guage of the Executive order into legis- order on this issue is totally inad- rent law, and here’s how. It says lative language and make it law so equate. Executive orders can simply be women who purchase health care insur- that it may not be arbitrarily changed rescinded at any time and cannot be re- ance in the exchanges cannot use their by this President or some other Presi- lied upon to clarify such an issue at own money to buy private insurance dent at a future time. any time. plans that have a full range of repro- Now, I want to take just a few mo- There are some people who have said ductive coverage. Under current law, ments and read into the RECORD from the legislation that’s before us today women can use their own money to buy doctors who have written to our com- will stop women from buying health in- insurance that covers that full range of mittee, doctors who provide emergency surance coverage that includes abor- reproductive health care. And, Madam services, obstetric services, who tell us tion, even if they want to from their Speaker, that is not changed by the Af- over and over again that they have own money. According to the bill fordable Health Care Act. But under never been required to do something that’s before us, the bill sets out and this law, what would happen would be that was against their conscience and articulates that an individual may pur- women purchasing private insurance put someone’s life in danger. chase plans that cover abortion with plans in the exchanges with their own A doctor from the University of Min- their own money. On top of that, the private money would not be able to nesota writes in: During my years of bill also allows a supplemental abor- purchase a plan that had a full range of practice, I have worked under informal tion policy for those who use a govern- reproductive care. That would take and formal conscience rights protec- ment subsidy to buy insurance. away the rights of women to exercise tions that permit me to provide the So I wanted to point that out to my their own constitutional rights to have best pregnancy care without being colleagues here this evening, and I a full range of health care. forced to perform abortions. In my

VerDate Mar 15 2010 03:45 Oct 14, 2011 Jkt 019060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\A13OC7.019 H13OCPT1 smartinez on DSK6TPTVN1PROD with HOUSE October 13, 2011 CONGRESSIONAL RECORD — HOUSE H6897 years of practice, I have never seen a cology, West Vir- no merit in the claim that conscience laws woman denied appropriate care because ginia University on abortion pose any risk of allowing preg- of the exercise of the rights of con- School of Medicine, nant women to die in emergency rooms. Cur- science in this regard. Charleston Division, rent federal laws as well as Virginia state Charleston, WV. law respect conscientious objection to abor- Another letter, from a Virginia hos- tion in all circumstances; and I have never pital: As a physician who has worked UNIVERSITY OF NORTH CAROLINA seen or heard of a case in which these laws in emergency rooms for over 30 years, I SCHOOL OF MEDICINE, created any conflict with women’s safety or am well-versed in the Federal Emer- Chapel Hill, NC, October 12, 2011. with legal obligations to stabilize patients’ gency Medical Treatment and Active Representatives JOE PITTS and DAN LIPINSKI, conditions in emergencies. Labor Act and similar policies. I con- House of Representatives, Your provision on conscience protection is warranted and I do not think it should be tinue to practice emergency medicine. Washington, DC. DEAR REPRESENTATIVES PITTS AND LIPIN- weakened in any way. I teach it. Based on three decades of ex- SKI: I am board certified specialist in Obstet- Sincerely, perience, I see absolutely no merit in rics and Gynecology with a sub-specialty EDWARD J. READ, Jr., MD, the claim that conscience laws on abor- certification in Maternal-Fetal Medicine. I FACEP, tion pose any risk of allowing pregnant have over twenty-seven years of experience Attending Physician, women to die in emergency rooms. in practice, teaching and research at a major Emergency Medi- Another letter, from the University academic health center. During my career I cine, Hunter Holmes of North Carolina: My personal con- have cared for numerous women and babies McGuire VA Medical with complications that increase the risk of science directs me to provide the best Center Assistant maternal death. In some of these situations, Professor, Depart- of care to pregnant women and their both a mother and her baby have lost their ment of Emergency unborn children, and I am able to do so lives. I care deeply about the effects that Medicine, Virginia without performing abortions, as are public policy and legislation can have on Commonwealth Uni- several of my colleagues, and a propor- both those of us who provide perinatal care versity, Richmond, tion of the residents we train each and on our patients. Virginia. year. I have not seen a situation where My personal conscience directs me to pro- vide the best of care to pregnant women and an emergent event or urgent abortion UNIVERSITY OF MINNESOTA, their unborn children and I am able to do so SCHOOL OF PUBLIC HEALTH, was needed. No one in my entire 20 without performing abortions, as are several Minneapolis, MN, October 13, 2011. years of clinical practice has ever been of my colleagues and a proportion of the Representatives JOE PITTS and DAN LIPINSKI, denied appropriate care because of the residents we train each year. I have not seen House of Representatives, exercise of my rights of conscience. a situation where an emergent or even ur- Washington DC. Our committee receives these letters gent abortion was needed to prevent a ma- DEAR REPRESENTATIVES PITTS AND LIPIN- all of the time. I submit them for the ternal death. I am aware of, and have read, SKI: I am a board certified specialist in Ob- sections 2(a)(6) and 2 (a)(7) of H.R. 358 and I stetrics/Gynecology and Maternal/Fetal Med- RECORD, and I urge an ‘‘aye’’ vote on icine with 31 years of experience in practice, the Pitts bill. am writing to provide my opinion that I sup- port the formalization of these protections. teaching and research. During that time I ROBERT C. BYRD HEALTH SCIENCES No woman at UNC hospitals has ever been have cared for hundreds of women and babies CENTER OF WEST VIRGINIA UNI- denied care due to her conscience or beliefs; with life-threatening, complicated, and rare VERSITY, nor does any physician ever feel obliged to pregnancy conditions. In some of those situ- Charleston, WV, October 12, 2011. direct or change the standard of care for any ations mothers and babies have lost their Representatives JOE PITTS and DAN LIPINSKI, woman due to race, ethnicity, religion, or lives despite undergoing the best available House of Representatives, conscience. I see no need for any exceptions treatment including induced delivery at the Washington, DC. or amendments to the law as written. margins of viability. I care deeply about the DEAR REPRESENTATIVES PITTS AND LIPIN- I am available for question or comment or effects that public policy and legislation can SKI: I am writing in support of Sections for further discussion on this matter. You have on the care of mothers and babies. 2(a)(6) and 2(a)(7) of H.R. 358 that provide fed- may reach me at [email protected] or by During my years of practice I have worked eral legal protection of conscience regarding calling my office (919) 843–7851. under informal and formal conscience rights abortion for those who care for pregnant Sincerely, protections that permit me to provide the women. My experience includes 20 plus years JOHN THORP, MD best pregnancy care without being forced to of clinical care, research, and instruction as Hugh McAllister Dis- perform abortions. I have read Sections 2 a Board certified Obstetrician & Gyne- tinguished Professor (a)(6) and 2 (a)(7) or H.R. 358 and I agree with cologist and Maternal-Fetal medicine. I of Obstetrics and the federal formalization of these protec- daily provide care for women and babies who Gynecology, Pro- tions. In my years of practice I have never have medically complicated, life-threat- fessor, Maternal & seen a woman denied appropriate care be- ening, and uncommon pregnancy complica- Child Health, School cause of the exercise of rights of conscience tions. Further, as the originator of of Public Health, Di- in this regard. There is no need for addi- ‘‘perinatal hospice’’, I have cared for (and rector, Women’s Pri- tional exceptions or amendments to this law still do) dozens of women with babies who mary Healthcare. as it is written. have terminal prenatal diagnoses who will I am happy to discuss this with either of die shortly after birth. VIRGINIA COMMONWEALTH you or with one of your colleagues. I can be No one in my entire 20 plus years of clin- UNIVERSITY HEALTH SYSTEM, reached by email at [email protected] or on ical experience has ever been denied appro- Richmond, VA, October 12, 2011. my cell phone at 612–868–9199. priate care because of the exercise of rights Hon. JOE PITTS, Sincerely, of conscience in the provision of abortion. Hon. DAN LIPINSKI, STEVE CALVIN, MD, Women and babies may die in spite of our Hon. ERIC CANTOR. Clinical Associate Pro- best efforts, but this is not related to abor- DEAR REPS. PITTS, LIPINSKI AND CANTOR: I fessor of Obstetrics/ tion availability or provision. understand that the House of Representa- Gynecology and In my understanding of this new federal tives may soon consider HR 358, the Protect Women’s Health, Co- statute, conscience will now be formally and Life Act. As a physician I am especially in- chair Program in legally protected. There is no need for addi- terested in this bill’s section reaffirming fed- Human Rights and tional exceptions or amendments to this law eral protection for health care providers’ Health, University of as it is written. conscience rights on abortion. I have heard Minnesota, Min- I am more than happy to discuss this issue there may be an effort in the House to insert neapolis, MN. with either of you or with one of your col- an exception into this law, so governmental Ms. HIRONO. Madam Speaker, I rise today leagues. I may be contacted by email at bodies can discriminate against providers in opposition to H.R. 358, a bill restricting [email protected] or directly on my who decline to provide abortions in ‘‘emer- women’s access to reproductive health serv- cell phone at (304) 741–4031. gency’’ cases. ices. Sincerely, As a physician who has worked in emer- It’s odd to me that we are choosing to take BYRON C. CALHOUN, M.D., gency rooms for over 30 years, I am well FACOG, versed in the federal Emergency Medical up this bill now, when just last week, we saw Professor and Vice Treatment and Active Labor Act (EMTALA) that our country only created 103,000 jobs. Chairman of Mater- and similar policies. I continue to practice This is not what people in Hawaii or our na- nal-Fetal Medicine, emergency medicine, and to teach it at Vir- tion want us working on. Department of Ob- ginia Commonwealth University. Based on Debating divisive social issues isn’t going to stetrics and Gyne- these decades of experience, I see absolutely create one single job.

VerDate Mar 15 2010 05:13 Oct 14, 2011 Jkt 019060 PO 00000 Frm 00041 Fmt 7634 Sfmt 9920 E:\CR\FM\K13OC7.086 H13OCPT1 smartinez on DSK6TPTVN1PROD with HOUSE H6898 CONGRESSIONAL RECORD — HOUSE October 13, 2011 Instead, this bill puts a fundamental free- women and their families receiving federal to move our society toward accessible medical dom—our right to choose—under direct attack. subsidies would be prohibited from purchasing coverage across the nation, especially for the Those supporting this bill say it’s necessary a health plan that includes abortion coverage poor and marginalized. H.R. 358 builds off to prevent federal funding for abortion. They’re within the Health Exchanges. This provision these tenets and enhances the compromise wrong. would leave millions of women without afford- language that was developed by former Con- Longstanding federal policy prohibits federal able health care options that meet all their gressman Bart Stupak of Michigan, and other funding of abortion, a provision preserved in health care needs. pro-life members of Congress, to restrict fed- The Affordable Care Act. President Obama Even more concerning is that this bill could eral funds from being used for abortion cov- even issued an executive order reaffirming this jeopardize a woman’s ability to receive emer- erage under the health reform Act passed in prohibition in March 2010. gency medical care as required under Emer- the last Congress. Although the Stupak lan- So what’s the real reason behind this bill? gency Medicare Treatment and Active Labor guage upheld the key tenets of the Hyde The real reason is to make abortion as un- Act (EMTALA; P.L. 99–272). This bill could Amendment, H.R. 358 provides further clari- available as possible because making abortion allow a hospital to deny a woman abortion- fication on that matter. The Protect Life Act illegal is still not possible under Roe v. Wade. care even when this legal medical procedure provides clearer conscience protection for in- This is yet another bill taking a shot at restrict- would save her life. H.R. 358 does not protect stitutions and individual health care providers. ing women’s access to reproductive health life; rather it endangers the lives of American I commend the gentlemen from Pennsyl- services. women. vania, Mr. JOE PITTS, for his work on this bill It starts with restricting how women pur- Instead of this radical agenda, we should be and for his persistence in seeing this through chase private health insurance with their own focusing on policies that will improve the lives our legislative process. I urge members of the money. of women and girls, put Americans back to House of Representatives to vote yes on H.R. The practical result of this bill would be to work, and advance our nation’s economy. I 358 and to continue to work toward a society restrict, for the first time, how women with pri- encourage my colleagues to vote against this that upholds the total respect of the human vate insurance can spend their own private bill and keep safe, comprehensive reproduc- person and the commitment to the right to life. dollars in purchasing health insurance. tive care accessible to all Americans. Mr. VAN HOLLEN. Madam Speaker, I rise It says that women who receive a federal Ms. MATSUI. Madam Speaker, I rise today in strong opposition to H.R. 358, the subsidy to make coverage affordable in the to voice my strong opposition to the bill before misleadingly titled the ‘‘Protect Life Act’’. health insurance exchanges would be unable us today. Let me be clear. The Affordable Care Act al- to purchase a comprehensive health plan. This bill would impose crippling restrictions ready prohibits the use of federal funds to pay These women could not even use their own on a woman’s ability to seek abortion serv- for abortions, except in cases of rape, incest, money to pay for the portion of the plan pro- ices—services that are legal in this country or where the woman’s life is endangered. We viding abortion coverage. These aren’t federal and upheld by the Supreme Court. included extensive mechanisms to ensure that dollars going to purchase that coverage— The so-called ‘‘Protect Life Act’’ would effec- no federal subsidies in the health insurance these are the women’s own dollars. tively ban private insurance companies from exchanges would go to pay for abortions. So what happens? It’s the ripple effect. offering abortion services. The bill on the Floor today takes the unprec- Since many women would be prevented I was shocked to learn that under this bill, edented step of preventing a woman from from purchasing insurance with abortion cov- a woman’s life could be in danger in the event using her own private funds to purchase a full, erage in the exchange, the insurers will prob- she needs emergency care—even if the emer- comprehensive health care plan through the ably stop offering it. gency circumstances require an abortion—and exchanges established in the Affordable Care Then, no woman will be able to buy health that procedure is recommended by a doctor. Act. That is simply another way of denying a insurance in the exchange with abortion cov- This change in the current law would amount woman the right to choose. erage. to an extreme and regressive policy. I urge House Republicans to stop playing Unfortunately, the bill before us is part of a And their access to a legal medical proce- ideological games and to pursue an agenda to larger attack on women’s health, specifically dure just got a lot smaller. help create jobs, strengthen the economy, and Let’s be clear: The goal of this bill is not to on programs like Title X and organizations like move our country forward. maintain the status quo. Planned Parenthood. Ms. SCHAKOWSKY. Madam Speaker, I rise Madam Speaker, let me tell you why it is so Rather, its true goal is to make abortion as in opposition to H.R. 358, the Protect Life Act. important that we maintain women’s access to The American people want us to work to- unavailable as possible. the full range of legal health care options. gether to create jobs to bolster the economy. For these reasons, it should be rejected. Recently, I heard from Cathy, who has been Instead, we are here, once again, to consider Ms. MCCOLLUM. Madam Speaker, I rise a health educator for the past 13 years. legislation that endangers and attacks the right today in strong opposition to H.R. 358 and the Cathy explained to me how the House Re- of women and is far out of the mainstream of on-going Republican war against women’s publican attacks on women’s health would, American priorities. health in America. This bill continues Congres- ‘‘Cut millions of American women off from birth H.R. 358 is extreme legislation. It is another sional Republicans’ extreme social agenda control, cancer screenings, HIV tests, and attempt to unravel the health care law while at that jeopardizes women’s health care. other lifesaving care;’’ that without the informa- the same time expanding anti-choice laws that This Congress has already debated similar tion and preventative services that these pro- will harm women’s health. legislation to prevent women from accessing grams provide we are, ‘‘Bound to accrue more This legislation revives a debate that has al- their legal health care. H.R. 358 does nothing expenses in reactive versus pro-active meas- ready been settled—there is no federal fund- to create jobs, reduce our federal deficits, or ures.’’ ing for abortion in the health care reform law. make America safer. Instead, this legislation These outrageous attacks would have a Legal experts have said it. Independent fact furthers a divisive agenda to impose unprece- devastating impact on the women, men, and check organizations have said it. Yet, Repub- dented restrictions on a woman’s ability to ac- teens in our community. licans continue to insist that the possibility of cess and purchase health care for a legal At a time when we, as Members of Con- funding remains. medical procedure. gress, should be debating and passing job Federal funds are already prohibited from Contrary to what my colleagues have said legislation, we are instead debating whether or being used for abortions under the Hyde today, H.R. 358 is not needed to ensure fed- not to roll-back a woman’s access to legal Amendment—at the expense of poor women, eral funding does not pay for abortions. Cur- health services. federal employees, women in the District of rent federal law, including provisions included I urge my colleagues to reject this harmful Columbia and women in the military. But this in the Affordable Care Act, already prohibits bill. bill goes way beyond that law. federal money from being used to pay for Ms. BORDALLO. Madam Speaker, I rise It would take away a woman’s right to make abortion services, except in the cases of rape, today in support of H.R. 358, a resolution her own decisions about her reproductive incest, or to save the life of the mother. In- which seeks to enhance current law to modify health—even with her own money. stead this bill is another attempt by the Re- special rules relating to abortion services and It could expand the existing conscience ob- publican majority to legislatively intimidate provides protections for those who object to jection to avoid providing contraception. women with respect to their constitutional right abortion. As a staunch supporter of pro-life And, it would allow public hospitals to deny to abortion services. principles, I strongly urge this House to pass emergency abortion care to women in life- The unprecedented restrictions included in H.R. 358 the Protect Life Act. threatening situations. this bill would effectively end coverage of It is important for Congress to remember H.R. 358 undermines the guarantee of abortion-related services. Beginning in 2014, that our work in pursuing healthcare reform is emergency care under the Emergency Medical

VerDate Mar 15 2010 05:13 Oct 14, 2011 Jkt 019060 PO 00000 Frm 00042 Fmt 7634 Sfmt 9920 E:\CR\FM\A13OC7.015 H13OCPT1 smartinez on DSK6TPTVN1PROD with HOUSE October 13, 2011 CONGRESSIONAL RECORD — HOUSE H6899 Treatment and Active Labor Act (EMTALA). The attention Republicans are focusing on abortions (except in cases of rape or incest, or EMTALA creates a legal safety net that guar- the private lives of women—what American when the life of the woman would be endan- antees that anyone in need of emergency family do with their own money—makes it gered). The Act requires two separate pre- health care, including those unable to pay for clear that their real goal is to ban all abortions mium payments for women and families re- health care, cannot be denied such care at and end access to birth control and contracep- ceiving federal subsidies that choose health hospitals. tives. plans that include abortion coverage. The lan- H.R. 358 would strip EMTALA of its power Republicans don’t want government to pro- guage is clear—no portion of federal subsidies to ensure that women receive abortion care in tect the water we drink, the air we breathe, or may be used to pay for the portion of cov- emergency situations at hospitals by making the food we eat—but they do want to intrude erage that is purchased in state exchanges their right to health care secondary to the hos- in a women’s right to choose. that relates to abortions. While I don’t agree pital’s ability to refuse to provide abortion care. We are now at 280 days in this Congress with the ban on federal funding, Members de- Abortion care is necessary in some cir- without passing a jobs plan—yet the Repub- cided last year to call a truce and preserve the cumstances to save a woman’s life. During the lican majority has consistently managed to status quo. This bill would go further. hearing on H.R. 358 in the Energy and Com- pass extreme and divisive legislation targeted merce Committee, some witnesses wrongly at women’s health. This bill restricts how women with private in- claimed that this was not the case. The Administration strongly opposes H.R. surance can spend their own private dollars in In response to those claims, Dr. Cassing 358, and this bill has no chance of becoming purchasing health insurance. The Protect Life Hammond, Director of Northwestern Univer- law. Act would prohibit all individuals who receive sity’s Center for Family Planning and Contra- We are running out of legislative days left federal subsidies from purchasing a plan that ception as well as its academic Section of before the end of the year. When is the Re- includes abortion coverage (even if they are Family Planning, wrote a letter to the Com- publican majority going to focus on jobs and using their own private dollars to purchase the mittee to set the record straight. Dr. Hammond the economy? portion of coverage relating to abortions), and has twenty years of experience in obstetric Now is the time to work on the issues that would also prohibit insurance plans from offer- and complex abortion care. are most important to Americans—creating ing abortion services if they accept even one In his letter, Dr. Hammond states: jobs and improving the economy—rather than individual who receives a subsidy. Health care Most patients are healthy women having restricting reproductive choice and access to healthy babies, but I am frequently asked to plans will likely be deterred from covering family planning. abortion, and since most insurance plans cur- provide abortions for women confronting se- This legislation is an extreme and mean- rently cover abortion, the Protect Life Act verely troubled pregnancies or their own life spirited way to roll back women’s health and endangering health issues. Physicians who would result in millions of women losing the rights. It is too extreme for women, too ex- provide health care to women cannot choose coverage they currently have. to ignore the more tragic consequences of treme for America, and we must reject it. human pregnancy—and neither should Con- Mr. BACHUS. Madam Speaker, never in my I urge my colleagues to oppose the Repub- gress. life will I forget the Sunday afternoon when lican assault on women’s health and to op- Dr. Hammond then proceeds to give several this House, under the previous majority, pose the Protect Life Act. examples from his own experience of women passed a health care law that permitted tax- Mr. FARR. Madam Speaker, I rise in strong who required abortion care in life-saving cir- payer funding of abortions. opposition to H.R. 358, the Protect Life Act. cumstances. The following examples illustrate It remains as inconceivable to me now, as This legislation intrudes on women’s reproduc- just a few of those instances: it was then, that the very first act by our gov- tive freedom and access to health care and One of my own obstetric patients carrying ernment on an innocent and defenseless life unnecessarily restricts the private insurance a desired pregnancy recently experienced could be to end it. We all remember the assur- choices that women and their families have ances we heard that the bill would respect the rupture of the amniotic sac at 20 weeks ges- today. Proponents say that it would simply ban tation. The patient had a complete placenta Hyde Amendment, which has enjoyed bipar- federal funding of abortion. However, as we all previa, a condition where the afterbirth cov- tisan support in this House for decades. Many know, current law prohibits federal funding of ers the opening of the uterus. Although the of us knew better. patient hoped the pregnancy might continue, The ink had barely dried on the legislation abortion. she began contracting and suddenly hemor- before instances came up of taxpayer money The American people want us to work to- rhaged, losing nearly a liter of blood into her gether to address their top priority: creating bed in a single gush. Had we not quickly in- potentially being used, in one form or another, tervened to terminate the pregnancy, she for abortion services. This House needs to jobs. We are now at 280 days in this Con- would have bled to death, just as women do state without equivocation that the Hyde gress without passing a jobs plan. Yet the Re- in countries with limited access to obstetric Amendment fully applies to the new health publican Majority continues to bring legislation services. care law, for however long the act may con- to the floor that restricts women’s reproductive My service often receives consults regard- tinue to be in effect. There should be no pos- health care. ing patients with serious medical issues com- sible wiggle room for abortion providers like plicating pregnancy. We recently had a 44– H.R. 358 is another attempt by the Majority year-old patient whose pregnancy had been Planned Parenthood. to pass an anti-abortion policy that already complicated by a variety of non-specific The law also put health care providers and failed during the health care reform debate. symptoms. A CT scan obtained at 23 weeks hospitals in the unconscionable dilemma of gestation revealed that the patient had lung having to perform abortions against their own Current law allows policy holders to buy cancer that had metastasized to her brain, beliefs and principles. The government should abortion coverage by making separate pay- liver, and other organs. Her family con- not have the power to do that. This bill pro- ments, but H.R. 358 would prohibit any insur- fronted the difficult choice of terminating a tects the exercise of individual conscience. ance plan from offering abortion coverage if desired pregnancy or continuing the preg- In my view, the health care law— they have even one enrollee that receives fed- nancy knowing that the physiological bur- Obamacare, as many of us call it—is so eral subsidies. Thus, it effectively forces plans den of pregnancy and cancer might worsen to choose between not offering abortion care her already poor prognosis. The family chose flawed that the best approach is to repeal it al- to proceed with the pregnancy termination. together, but we will not get that with this to the entire population of a state and offering My service frequently sees patients with President. Until that day, we must stand in a plan to only a small number of enrollees— early pre-eclampsia, often referred to by the support of life and innocent babies and we which choice makes more economic sense? term ‘‘toxemia.’’ Pre-eclampsia usually com- can do that by passing The Protect Life Act. What do you think insurance companies will plicates later gestation, but occasionally Ms. ZOE LOFGREN of California. The choose? complicates pregnancy as early as 18 to 20 American people want us to work together to H.R. 358 also supersedes current law by weeks, well before the fetus is viable. The address their top priority: creating jobs. We’re only treatment for severe pre-eclampsia is expanding the current definition of health care delivery. Otherwise, the condition will wors- now 280 days into this Congress, and we providers to include any employee of a health en, exposing the mother to kidney failure, haven’t passed a jobs plan. care entity that provides abortion services, With only 22 legislative days left this Con- liver failure, stroke and death. One Christ- whether they actually provide patient care or gress, instead of addressing jobs, Republicans mas morning I had to leave my own family not. Make no mistake: these newly designated so that I could provide a pregnancy termi- are continuing to propose legislation targeting nation for a remarkably sick, pre-eclamptic women’s health. health care entities can refuse to provide or teenager. This bill disregards the compromise on refer a woman for abortion care, even when a These are women suffering from the most abortion reached during last year’s debate on woman’s life is in critical danger. serious of health conditions. If H.R. 358 were the Affordable Care Act (ACA). The ACA is Madam Speaker, H.R. 358 makes it clear to in place, they could be denied the emergency consistent with long-standing federal law by the American people that the Republican Ma- care they need. prohibiting the use of federal funds to pay for jority is much more interested in dismantling

VerDate Mar 15 2010 04:57 Oct 14, 2011 Jkt 019060 PO 00000 Frm 00043 Fmt 7634 Sfmt 9920 E:\CR\FM\A13OC7.021 H13OCPT1 smartinez on DSK6TPTVN1PROD with HOUSE H6900 CONGRESSIONAL RECORD — HOUSE October 13, 2011 health reform and playing politics with divisive many of which sometimes seem insurmount- abortion coverage—including women who do social issues than creating jobs and fixing our able. In times like these, we should be work- not receive federal assistance. The book- broken economy. ing together to create jobs by passing the keeping burden that would be required for in- Ms. ESHOO. Madam Speaker, I rise in op- American Jobs Act and we should be working surers to offer separate policies, with and with- position to H.R. 358, the Protect Life Act. together to move this nation forward building out abortion coverage, is simply too high. In- We’ve worked so hard over the last few upon—and not trying to dismantle—the many surance providers are surely not interested in decades to advance women’s health and the successes we achieved with the historical providing both, when most women cannot af- Protect Life Act just steamrolls right over that health reform law. The problems we are facing ford to pay for the abortion coverage option progress. today are very serious and require serious out-of-pocket anyway. Proponents of the legis- This bill would bar anyone getting federal people to develop serious solutions instead of lation suggest that insurance companies could health subsidies from purchasing private insur- pursuing an ideological agenda that divides simply offer an ‘‘abortion rider.’’ Women would ance policies that include abortion coverage. the nation. As a physician, I fully support legis- have to plan for an unplanned pregnancy by This makes it unlikely that ANY health plan lation that would actually protect and improve purchasing supplemental insurance. This is would cover abortion, alienating all American lives, not only in title, but in reality. This bill, unlikely, considering that most cannot afford to women from truly comprehensive health plans. however, is not such a bill. I, therefore, strong- purchase even a single insurance policy. Fur- It allows hospitals to refuse to provide life- ly oppose H.R. 358 and urge my colleagues to thermore, history has shown that insurers are saving abortions to women who face imminent do the same. reluctant to offer ‘‘riders’’ even when given the threat of death. Ms. LINDA T. SA´ NCHEZ of California. option to do so. As health exchanges grow as And it gives states the ability to attack cov- Madam Speaker, today I rise in strong opposi- they are expected to, these restrictions will erage of non-abortion related services, such tion to H.R. 358, the Protect Life Act. Instead only affect more and more women looking for as contraception. of focusing on creating jobs, the House major- affordable and adequate health insurance. I support a woman’s legal right to opt for, or ity has decided instead to continue their re- Furthermore, the bill seeks to dramatically against, an abortion. The decision is private. lentless assault on women’s rights and limit expand dangerous refusal provisions which It’s a matter of faith and it’s a matter of con- access to fair and adequate health care. contradict prevailing standards of care. Such science, and our Constitution recognizes this. Despite its name, this bill is not about pro- expansion ignores the basic tenant of ethical The Protect Life Act is a shameful attempt tecting life. In fact, it is far from it. One provi- health care, which requires that patients be to impose a radical political agenda on sion in this bill would put women’s lives in presented with all of their medical options women. It strips away their individual liberties danger by allowing hospitals to refuse to pro- when making health care decisions. This bill and puts their health at serious risk. This bill vide life-saving abortion care even when a would allow professionals with only a tangen- is wrong, this bill is dangerous, and this House woman’s life is in critical danger. tial connection to abortion services, such as a should reject it. This bill would also allow states to osten- hospital receptionists or claims adjusters at in- Mrs. CHRISTENSEN. Madam Speaker, sibly deny critical non-abortion services to surance companies, to obstruct the medical today I rise in strong opposition to H.R. 358: women. The Protect Life Act has the potential process due to their beliefs. This would effec- a bill that is completely unnecessary; a bill that to undermine laws guaranteeing health care tively tip the balance against patients seeking denies women the freedom of choice; a bill services well beyond those in the reproduc- effective and comprehensive health care. that re-opens an abortion debate that was set- tive-health area. This could result in the denial The ‘non-discrimination’ provision in fact dis- tled in 2010; and a bill that will have a detri- of mental health care, HIV counseling, and criminates against abortion providers, as it mental impact on the health and health care of other vital services. women across the United States and in the Current law is clear: Federal funding of provides no protection for their beliefs. A one- U.S. Territories. abortion is forbidden except under very limited sided non-discrimination provision is not non- Contrary to the very false claims of my col- circumstances. This bill would impose unprec- discriminatory at all. We cannot allow this ex- leagues on the other side of the aisle, not only edented limitations on abortion coverage and pansion, which would create a culture of re- is the Hyde Amendment fully in effect and fully restrict access to abortion services and contra- fusal where anyone could obstruct access to enforced, but the Affordable Care Act includes ceptives for all women. I urge my colleagues abortion services for any reason. several strong provisions that explicitly prohibit to reject this dangerous assault on women Most disturbingly, a late addition to the Pitts the use of U.S. taxpayer dollars to fund abor- and I urge the majority to work on legislation bill would allow the expansive refusal provision tions. In fact, those provisions were endorsed that will put Americans back to work. to trump important patient protections guaran- by the Catholic Health Association. Addition- Mr. TOWNS. Madam Speaker, I rise in teed by the Emergency Medical Treatment ally, there have been numerous audits—in- strong opposition to the underlying bill. At a and Active Labor Act, as well as similar pro- cluding by the Government Accounting Office time when Americans’ top priority is job cre- tections in state laws requiring emergency and the Inspector General—as well as con- ation—when Americans are desperately call- care providers to save a woman’s life. This gressional hearings, they all concluded that ing on us to work together to turn our econ- would be an unprecedented expansion of the the law is being followed. omy around—some are instead launching the right to refusal. We simply cannot allow for the The sad irony here is that this bill is named most comprehensive and radical assault on possibility that a pregnant woman suffering the ‘‘Protect Life Act.’’ However, despite its women’s health in our lifetime. This shameful from a medical emergency would see her right name, this bill does very little to protect and attack on women’s ability to obtain complete to medical care overridden by health profes- improve the lives of women. What this bill health information and services does a dis- sionals’ moral views, which do not always would do, however, is to restrict—for the first service to women, families, and all Americans. place her health and safety first. Unfortunately, time in history—how millions of women with To begin with, according to the stated pur- we have already seen what happens when private health insurance can spend their own pose of the bill, which is to prevent federal professionals place their views over the health private health insurance dollars. It also will un- funds from being used to cover abortion serv- of the patient. In one case several months dermine the success we achieved in expand- ices, the bill is already gratuitous. Recent legal ago, a woman almost died over an unviable ing access to affordable, quality health care challenges to the Affordable Care Act have re- fetus as medical professionals exercised their for women because it will force health plans vealed that it contains ‘‘strict safeguards at right of refusal and waited for the fetus to die, participating in the health insurance Ex- multiple levels to prevent federal funds from delaying treatment for the mother. We cannot changes—which will begin in 2014 and which being used to pay for abortion services be- allow women to unwittingly seek emergency are expected to lift tens of millions of Ameri- yond those in the case of rape or incest or treatment at medical facilities that do not value cans out of the ranks of the uninsured—to where the life of the woman is endangered,’’ their safety first. We cannot override existing drop comprehensive coverage. And, if those rendering this legislation unnecessary. This EMTALA patient protections. aspects of this bill are not bad enough, con- type of extreme and redundant legislation will Finally, language in the Pitts bill extends far sider this: H.R. 358 also eliminates the exist- prove insightful to jobless Americans won- beyond abortion, and could allow insurers to ing protections for women who seek abortion dering why they have yet to see meaningful refuse to provide other vital health services care in emergency circumstances and in situa- economic turnaround. that are part of the minimum standards for tions that would literally save the woman’s life. H.R. 358 would effectively prevent women health coverage set by the Affordable Care How, I must ask, does such a provision pro- from obtaining private insurance coverage for Act. This bill would open the door to refusal of tect a woman’s life? abortion services. By banning coverage of effective reproductive services concerning Today, millions of Americans are suffering abortion in health exchanges, the bill will en- contraception and infertility, for example. As the consequences of very real hardships—so sure that no one will be able to purchase we look to preventative services to avoid more

VerDate Mar 15 2010 03:45 Oct 14, 2011 Jkt 019060 PO 00000 Frm 00044 Fmt 7634 Sfmt 9920 E:\CR\FM\A13OC7.033 H13OCPT1 smartinez on DSK6TPTVN1PROD with HOUSE October 13, 2011 CONGRESSIONAL RECORD — HOUSE H6901 expensive future treatments, this bill could pre- b 1840 pregnancy for which a therapeutic vent access to screening for sexually trans- MOTION TO RECOMMIT abortion is necessary to save the life of mitted diseases and cervical cancer. At a time Mrs. CAPPS. Madam Speaker, I have a pregnant woman. I’m speaking about when many Americans are struggling to make a motion to recommit at the desk. conditions like severe preeclampsia, ends meet, put food on the table, and pay The SPEAKER pro tempore. Is the where a pregnant woman’s rapid rise in their mortgages, it is unfathomable that we gentlewoman opposed to the bill? blood pressure can lead to seizure, could consider restricting access to these es- Mrs. CAPPS. I am. stroke, multiple organ failure, and her sential, safe, and effective health services. The SPEAKER pro tempore. The death; or pulmonary hypertension, a To reiterate, the Affordable Care Act con- Clerk will report the motion to recom- condition that the American College of tains ample protection against federal funding mit. Cardiology guidelines explicitly states for abortion. The Pitts bill, in addition to being The Clerk read as follows: necessitates the termination of a preg- discriminatory, would create undue hardship Mrs. Capps moves to recommit the bill nancy to avoid maternal death. on women and families as they attempt to H.R. 358 to the Committee on Energy and If you’ve never heard of these condi- make private health care decisions. It is dan- Commerce with instructions to report the tions, it might be easy to think they’re gerous to the health of pregnant women, and same to the House forthwith with the fol- not significant. But to the women lowing amendment: all women. At a time of staggering unemploy- In section 2(a)(7), in the amendment in- whose lives are saved by these emer- ment and economic hardship, this bill, unnec- struction adding the new subsection (g), gency abortion services—oftentimes essary and unfair as it is, is not the kind of strike ‘‘subsection’’ and insert ‘‘sub- mothers who very much want this leadership Americans are looking for from sections’’. pregnancy to be successful—this issue Congress. To vote Yes on this bill is to roll Insert after the subsection (g) of section is more than politics. It’s literally life back the strides we have been making toward 1303 of the Patient Protection and Affordable or death. What if your wife or your equitable and effective health care for all Care Act, as proposed to be added by section 2(a)(7), the following: daughter was rushed to the hospital, Americans, and that is unacceptable. ‘‘(h) PROTECTING THE LIFE OF THE MOTHER pregnant, with severe bleeding. You I urge my colleagues on both sides of the IN A MEDICAL EMERGENCY.—Nothing in this don’t research or compare the policies aisle to vote No on this Bill. Act shall be construed to exempt any hos- of your local hospitals. You go to the Mr. TERRY. Madam Speaker, today, I rise pital or health care provider from Federal or one that’s closest—the one you trust in support of H.R. 358, The Protect Life Act. State laws that require such hospital or pro- will save your loved one. But when the This bill would amend the Patient Protection vider to provide medical examination, treat- diagnosis is made and an emergency ment, referral, or transfer to prevent the and Affordable Care Act (PPACA) to prevent abortion is necessary to save her life, federal funding for abortion or abortion cov- death of a pregnant woman with an emer- gency medical condition.’’. what would you do if that hospital re- erage through any program authorized by the fused to perform it to stabilize her or health care law. The SPEAKER pro tempore. The gen- even provide a referral for her care Nebraskans feel strongly—federal dollars tlewoman from California is recognized elsewhere? Thanks to the protections should never be used to pay for abortion cov- for 5 minutes. erage. Unfortunately, last year’s misguided Mrs. CAPPS. Madam Speaker, as the provided by EMTALA, this cannot hap- health care law contains loopholes and ambi- debate today has shown, this Chamber pen today. But if this bill before us be- guities, which opens the door to allow tax- is deeply divided over this bill. But we comes law without my amendment, it payer subsidies for coverage that includes should all be able to agree that when a very well could. Madam Speaker, my amendment is abortion. This bill also protects the right of pregnant woman is in a medical emer- not just a debate between two sides of conscience for health care professionals by gency, we must do all we can to save the abortion issue. It is about saving ensuring private insurance companies are not her, and that is what this final amend- mandated to cover abortion. This bill does ment affirms. women’s lives in the middle of very allow for some exemptions, including if the I want to be clear: The passage of traumatic times for them and their pregnancy is the result of rape or incest, or if this amendment will not prevent the families. I would like to bring to your atten- the life of the mother is endangered. passage of the underlying bill. If it’s This bill specifically targets the abortion adopted, my amendment will be incor- tion a letter sent to Chairman PITTS funding scheme created in PPACA. I have al- porated into the bill and the bill will from the Catholic Health Association. ways been an ardent supporter of the unborn, immediately be voted upon. CHA is clear in its religious affiliation and today’s vote is a step towards protecting Madam Speaker, the underlying bill and its opposition to abortion. So per- those that cannot protect themselves. creates a loophole which would allow haps because of this perspective, CHA Mr. KILDEE. Madam Speaker, I rise today hospitals to circumvent the Emergency says this best. ‘‘CHA member hospitals in opposition to H.R. 358. As a staunch pro- Medical Treatment and Active Labor have been providing compassionate, life member of Congress, I have always sup- Act, a law that has saved many lives. quality care under both EMTALA and ported the Hyde Amendment. During the The law, called EMTALA for short, was the Weldon amendment without con- health care reform debate, I made it very clear established to ensure that when a pa- flict since the enactment of these pro- on the House floor and reassured my pro-life tient arrives at a hospital in critical visions. Accordingly, the Catholic colleagues that the Hyde Amendment was in- condition, particularly women in labor, Health Association does not believe cluded in the Affordable Care Act. It has been the patient will at least be stabilized. that there’s a need for the provider the law since 1976 and it is still the law now. It is truly the embodiment of the Hip- nondiscrimination section to apply to Not only is the Hyde Amendment included in pocratic Oath to ‘‘apply, for the benefit EMTALA.’’ the Affordable Care Act, but the President of the sick, all measures that are re- CHA’s statement is clear: EMTALA’s signed an executive order reinforcing that fed- quired.’’ treatment requirement and the current eral funding cannot be used for abortions. We EMTALA has been law for over 25 provider conscience laws work together cannot let people imply or infer that the Hyde years—and it works. However, the bill hand in hand. There is no need for an Amendment is not already part of the Afford- before us today could lead to a radical unprecedented carveout or exception able Care Act. A vote in support of H.R. 358 and uncalled for loophole to this law. It that would endanger women’s lives. would be an admission that the Hyde Amend- would allow providers to refuse emer- As a nurse, I respect the conscience ment was not included in the Affordable Care gency care for women even if their clause language a great deal. But I can- Act. lives are endangered by their preg- not ever imagine a situation where The SPEAKER pro tempore. All time nancy. The hospitals could even refuse morally, ethically, and legally a med- for debate on the bill has expired. to give a referral. ical professional could be allowed to Pursuant to House Resolution 430, I’m a nurse who’s worked long shifts stand by and let someone needlessly the previous question is ordered on the in the hospital setting, and I find it im- die. No pregnant woman or her family bill, as amended. moral to deny care to a woman with a should be afraid that she would be de- The question is on the engrossment life-threatening condition just because nied the care she needs when she goes and third reading of the bill. she’s pregnant. This loophole is wrong, to a hospital in an emergency. We need The bill was ordered to be engrossed it’s extreme, and it’s cruel. to make sure that doesn’t happen. and read a third time, and was read the Unfortunately, there are some tragic Today we have the opportunity to fix third time. complications that can occur during a problem created with this legislation

VerDate Mar 15 2010 03:45 Oct 14, 2011 Jkt 019060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\CR\FM\A13OC7.027 H13OCPT1 smartinez on DSK6TPTVN1PROD with HOUSE H6902 CONGRESSIONAL RECORD — HOUSE October 13, 2011 before tragedy strikes. So I urge you to Mr. PITTS. Madam Speaker, a vast Doggett Larsen (WA) Richmond protect women’s lives and support this majority of Americans, regardless of Donnelly (IN) Larson (CT) Rothman (NJ) Doyle Lee (CA) Roybal-Allard final amendment to this bill. whether they support or oppose abor- Edwards Levin Ruppersberger CATHOLIC HEALTH ASSOCIATION tion being legal, believe that the Fed- Ellison Lewis (GA) Rush OF THE UNITED STATES, eral Government should not be sub- Engel Loebsack Ryan (OH) Washington, DC, February 9, 2011. sidizing abortions. Some on the other Eshoo Lofgren, Zoe Sa´ nchez, Linda Hon. JOSEPH R. PITTS, Farr Lowey T. side are bringing up a red herring in an Fattah Luja´ n Sanchez, Loretta Chairman, House Energy and Commerce Sub- attempt to continue to allow Federal committee on Health, House of Representa- Filner Lynch Sarbanes tives, Washington, DC. funding of abortion. Fudge Maloney Schakowsky Garamendi Markey Schiff DEAR MR. CHAIRMAN: The Catholic Health To dispel the myths being dissemi- Association of the United States (CHA) nated by opponents of H.R. 358, every Green, Al Matheson Schrader Green, Gene Matsui Schwartz would like to express our continued support Member should understand that this Grijalva McCarthy (NY) Scott (VA) for the intent of your legislation, H.R. 358, bill would not change the Hyde amend- Gutierrez McCollum Scott, David the Protect Life Act, to further ensure pro- ment, the EMTALA statute, or the Hahn McDermott Serrano tection of the unborn and of providers’ con- standard of care required of providers Hanabusa McGovern Sewell science rights. Hastings (FL) McNerney Sherman We have had the opportunity to review under the EMTALA law. Section 1867(e) Heinrich Meeks Sires your revised version of H.R. 358 and would of the Social Security Act, commonly Higgins Michaud Smith (WA) like to share our concern regarding one spe- known as EMTALA, calls on emer- Himes Miller (NC) Speier cific modification to your legislation. Sec- gency personnel to respond to distress Hinchey Miller, George Stark tion 1303(f) regarding emergency services on the part of a pregnant woman or her Hinojosa Moore Sutton laws, including Emergency Medical Treat- Hirono Moran Thompson (CA) ment and Active Labor Act (EMTALA), now unborn child by stabilizing the condi- Hochul Murphy (CT) Thompson (MS) includes a reference to a new provision re- tion of both mother and the unborn Holt Nadler Tierney garding provider nondiscrimination (Section child. Honda Napolitano Tonko 1303(g)). Your provider nondiscrimination It is ironic that opponents of H.R. 358 Hoyer Neal Towns language is similar to the conscience protec- Inslee Olver Tsongas claim it will establish an objectionable Israel Owens Van Hollen tions of the Weldon Amendment. CHA mem- standard of care when that balanced ber hospitals have been providing compas- Jackson (IL) Pallone Vela´ zquez sionate, quality care under both EMTALA standard has long been recognized Jackson Lee Pascrell Visclosky and the ‘‘Weldon Amendment,’’ without con- under EMTALA. (TX) Pastor (AZ) Walz (MN) Johnson (GA) Payne Wasserman flict since the enactment of these provisions. My colleagues, the question before us Johnson, E. B. Pelosi Schultz Accordingly, CHA does not believe that there today is simple: If you favor federally Kaptur Perlmutter Waters is a need for the provider nondiscrimination funded abortion coverage, then you Keating Peters Watt section to apply to EMTALA. should support the motion to recommit Kildee Pingree (ME) Waxman As the national leadership organization of and oppose the bill. If you believe, like Kind Price (NC) Welch more than 2,000 Catholic health care sys- Kissell Quigley Woolsey tems, hospitals, long-term care facilities, a majority of Americans, that the Fed- Kucinich Rangel Yarmuth sponsors, and related organizations, the eral Government should not be sub- Langevin Richardson Catholic health ministry provides care sidizing abortion, then you should op- throughout the nation to patients of all pose the motion to recommit and sup- NAYS—249 ages, races and religious beliefs. Catholic port H.R. 358. Adams Cuellar Hastings (WA) hospitals provide a higher percentage of pub- Aderholt Culberson Hayworth lic health and specialty services than other Vote ‘‘no’’ on the motion to recom- mit. Vote ‘‘yes’’ on this critical legisla- Akin Davis (KY) Heck health care providers including state and Alexander Denham Hensarling local government, other not-for-profit, or in- tion. Altmire Dent Herger vestor-owned (for-profit) hospitals. These I yield back the balance of my time. Amash DesJarlais Herrera Beutler services include neonatal ICU, obstetrics, The SPEAKER pro tempore. Without Amodei Diaz-Balart Holden breast cancer screening and mammograms, objection, the previous question is or- Austria Dold Huelskamp children’s wellness, child and adolescent psy- Bachus Dreier Huizenga (MI) chiatric services, community outreach, den- dered on the motion to recommit. Barletta Duffy Hultgren tal services, crisis prevention, palliative There was no objection. Bartlett Duncan (SC) Hunter care, pain management programs, nutrition The SPEAKER pro tempore. The Barton (TX) Duncan (TN) Hurt programs, hospice, HIV/AIDS services, geri- question is on the motion to recommit. Bass (NH) Ellmers Issa Benishek Emerson Jenkins atric services, alcohol and drug abuse treat- The question was taken; and the ment, and trauma care. Many of these serv- Berg Farenthold Johnson (IL) Speaker pro tempore announced that Biggert Fincher ices are critical to our communities and we Johnson (OH) Bilbray Fitzpatrick Johnson, Sam continue to provide them even though many the noes appeared to have it. Mrs. CAPPS. Madam Speaker, on Bilirakis Flake Jones of these services are not self-sustaining and Bishop (UT) Fleischmann Jordan must be subsidized by other hospital rev- that I demand the yeas and nays. Black Fleming Kelly enue. The yeas and nays were ordered. Blackburn Flores King (IA) Building upon our country’s tradition of The SPEAKER pro tempore. Pursu- Bonner Forbes King (NY) pluralism and the freedom to exercise our ant to clause 9 of rule XX, the Chair Bono Mack Fortenberry Kingston beliefs, CHA has long supported language Boren Foxx Kinzinger (IL) within appropriations legislation to prohibit will reduce to 5 minutes the minimum Boustany Franks (AZ) Kline federal funding of abortions (Hyde amend- time for any electronic vote on the Brady (TX) Frelinghuysen Labrador ment) and language to protect hospitals and question of passage. Brooks Gallegly Lamborn other institutional and individual health The vote was taken by electronic de- Broun (GA) Gardner Lance care providers should they decline to pro- Buchanan Garrett Landry vice, and there were—yeas 173, nays Bucshon Gerlach Lankford vide, pay for, or refer for abortions (Weldon 249, not voting 11, as follows: Amendment). Buerkle Gibbs Latham Again, while we continue to believe the [Roll No. 788] Burgess Gibson LaTourette Burton (IN) Gingrey (GA) current provisions of the Affordable Care Act Latta YEAS—173 Calvert Gohmert Lewis (CA) (ACA) prevent federal funding of abortion, Ackerman Butterfield Cohen Campbell Goodlatte Lipinski we support your efforts to further ensure Andrews Capps Connolly (VA) Canseco Gosar LoBiondo permanent protection of the unborn and of Baca Capuano Conyers Cantor Gowdy Long provider’s conscience rights and look for- Baldwin Cardoza Cooper Capito Granger Lucas ward to working with you. Barrow Carnahan Costa Cassidy Graves (GA) Luetkemeyer Sincerely, Bass (CA) Carney Courtney Chabot Graves (MO) Lummis SR. CAROL KEEHAN, DC, Becerra Carson (IN) Crowley Chaffetz Griffin (AR) Lungren, Daniel President and CEO. Berkley Castor (FL) Cummings Coble Griffith (VA) E. Berman Chandler Davis (CA) Coffman (CO) Grimm Mack I yield back the balance of my time. Bishop (GA) Chu Davis (IL) Cole Guinta Manzullo Mr. PITTS. Madam Speaker, I claim Bishop (NY) Cicilline DeFazio Conaway Guthrie Marchant time in opposition to the motion. Blumenauer Clarke (MI) DeGette Costello Hall Marino The SPEAKER pro tempore. The gen- Boswell Clarke (NY) DeLauro Cravaack Hanna McCarthy (CA) Brady (PA) Clay Deutch Crawford Harper McCaul tleman from Pennsylvania is recog- Braley (IA) Cleaver Dicks Crenshaw Harris McClintock nized for 5 minutes. Brown (FL) Clyburn Dingell Critz Hartzler McCotter

VerDate Mar 15 2010 05:13 Oct 14, 2011 Jkt 019060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\CR\FM\K13OC7.089 H13OCPT1 smartinez on DSK6TPTVN1PROD with HOUSE October 13, 2011 CONGRESSIONAL RECORD — HOUSE H6903 McHenry Reed Simpson Flores Latta Roe (TN) McNerney Rangel Speier McIntyre Rehberg Smith (NE) Forbes Lewis (CA) Rogers (AL) Meeks Richardson Stark McKeon Reichert Smith (NJ) Fortenberry Lipinski Rogers (KY) Michaud Richmond Sutton McKinley Renacci Smith (TX) Foxx LoBiondo Rogers (MI) Miller (NC) Rothman (NJ) Thompson (CA) McMorris Ribble Southerland Franks (AZ) Long Rohrabacher Miller, George Roybal-Allard Thompson (MS) Rodgers Rigell Stearns Frelinghuysen Lucas Rokita Moore Ruppersberger Tierney Meehan Rivera Stivers Gallegly Luetkemeyer Rooney Moran Rush Tonko Mica Roby Stutzman Gardner Lummis Ros-Lehtinen Murphy (CT) Ryan (OH) Towns Miller (FL) Roe (TN) Nadler Sa´ nchez, Linda Sullivan Garrett Lungren, Daniel Roskam Tsongas Miller (MI) Rogers (AL) Gerlach E. Napolitano T. Terry Ross (AR) Van Hollen Miller, Gary Rogers (KY) Neal Sanchez, Loretta Thompson (PA) Gibbs Mack Ross (FL) ´ Mulvaney Rogers (MI) Olver Sarbanes Velazquez Thornberry Gibson Manzullo Royce Murphy (PA) Rohrabacher Gingrey (GA) Marchant Owens Schakowsky Visclosky Tiberi Runyan Myrick Rokita Gohmert Marino Pallone Schiff Walz (MN) Tipton Ryan (WI) Neugebauer Rooney Goodlatte Matheson Pascrell Schrader Wasserman Turner (NY) Scalise Noem Ros-Lehtinen Gosar McCarthy (CA) Pastor (AZ) Schwartz Schultz Turner (OH) Nugent Roskam Gowdy McCaul Schilling Payne Scott (VA) Waters Upton Nunes Ross (AR) Granger McClintock Schmidt Pelosi Scott, David Watt Walberg Nunnelee Ross (FL) Graves (GA) McCotter Schock Perlmutter Serrano Waxman Walden Olson Royce Graves (MO) McHenry Schweikert Peters Sewell Welch Walsh (IL) Palazzo Runyan Griffin (AR) McIntyre Scott (SC) Pingree (ME) Sherman Woolsey Webster Paulsen Ryan (WI) Griffith (VA) McKeon Scott, Austin Price (NC) Sires Yarmuth Pearce Scalise West Grimm McKinley Sensenbrenner Quigley Smith (WA) Pence Schilling Westmoreland Guinta McMorris Sessions Peterson Schmidt Whitfield Guthrie Rodgers Shimkus NOT VOTING—10 Petri Schock Wilson (SC) Hall Meehan Shuler Bachmann Gonzalez Slaughter Pitts Schweikert Wittman Harper Mica Shuster Brown (FL) Paul Wilson (FL) Platts Scott (SC) Wolf Harris Miller (FL) Simpson Camp Polis Poe (TX) Scott, Austin Womack Hartzler Miller (MI) Smith (NE) Giffords Reyes Pompeo Sensenbrenner Woodall Hastings (WA) Miller, Gary Smith (NJ) Posey Sessions Yoder Hayworth Mulvaney Smith (TX) b 1920 Price (GA) Shimkus Young (AK) Heck Murphy (PA) Southerland Mr. LANDRY changed his vote from Quayle Shuler Young (FL) Hensarling Myrick Stearns Rahall Shuster Young (IN) Herger Neugebauer Stivers ‘‘no’’ to ‘‘aye.’’ Herrera Beutler Noem So the bill was passed. NOT VOTING—11 Stutzman Holden Nugent Sullivan The result of the vote was announced Bachmann Giffords Reyes Huelskamp Nunes Terry as above recorded. Camp Gonzalez Slaughter Huizenga (MI) Nunnelee Thompson (PA) A motion to reconsider was laid on Carter Paul Wilson (FL) Hultgren Olson Thornberry Hunter Palazzo Frank (MA) Polis Tiberi the table. Hurt Paulsen Tipton Issa Pearce f b 1913 Turner (NY) Jenkins Pence Turner (OH) EPA REGULATORY RELIEF ACT OF Messrs. PETERSON and CASSIDY Johnson (IL) Peterson Upton changed their vote from ‘‘yea’’ to Johnson (OH) Petri 2011 Walberg ‘‘nay.’’ Johnson, Sam Pitts The SPEAKER pro tempore. Pursu- Jones Platts Walden Mr. TOWNS changed his vote from Jordan Poe (TX) Walsh (IL) ant to clause 1(c) of rule XIX, further ‘‘nay’’ to ‘‘yea.’’ Kelly Pompeo Webster consideration of the bill (H.R. 2250) to So the motion to recommit was re- King (IA) Posey West Westmoreland provide additional time for the Admin- jected. King (NY) Price (GA) Kingston Quayle Whitfield istrator of the Environmental Protec- The result of the vote was announced Kinzinger (IL) Rahall Wilson (SC) tion Agency to issue achievable stand- as above recorded. Kline Reed Wittman ards for industrial, commercial, and in- The SPEAKER pro tempore. The Labrador Rehberg Wolf stitutional boilers, process heaters, and Lamborn Reichert Womack question is on the passage of the bill. Lance Renacci Woodall incinerators, and for other purposes, The question was taken; and the Landry Ribble Yoder will now resume. Speaker pro tempore announced that Lankford Rigell Young (AK) The Clerk read the title of the bill. the ayes appeared to have it. Latham Rivera Young (FL) LaTourette Roby Young (IN) MOTION TO RECOMMIT RECORDED VOTE Ms. CASTOR of Florida. Madam Mr. CONNOLLY of Virginia. Madam NOES—172 Speaker, I have a motion to recommit Speaker, I demand a recorded vote. Ackerman Courtney Hirono at the desk. A recorded vote was ordered. Andrews Crowley Hochul The SPEAKER pro tempore. Is the Baca Cummings Holt The SPEAKER pro tempore. This is a Baldwin Davis (CA) Honda gentlewoman opposed to the bill? 5-minute vote. Barrow Davis (IL) Hoyer Ms. CASTOR of Florida. I am op- The vote was taken by electronic de- Bass (CA) DeFazio Inslee posed. vice, and there were—ayes 251, noes 172, Becerra DeGette Israel The SPEAKER pro tempore. The Berkley DeLauro Jackson (IL) not voting 10, as follows: Berman Deutch Jackson Lee Clerk will report the motion to recom- [Roll No. 789] Biggert Dicks (TX) mit. Bishop (NY) Dingell Johnson (GA) The Clerk read as follows: AYES—251 Blumenauer Doggett Johnson, E. B. Adams Boustany Crawford Boswell Doyle Kaptur Ms. Castor of Florida moves to recommit Aderholt Brady (TX) Crenshaw Brady (PA) Edwards Keating the bill H.R. 2250 to the Committee on En- Akin Brooks Critz Braley (IA) Ellison Kildee ergy and Commerce with instructions to re- Alexander Broun (GA) Cuellar Butterfield Engel Kind port the same to the House forthwith with Altmire Buchanan Culberson Capps Eshoo Kissell the following amendment: Amash Bucshon Davis (KY) Capuano Farr Kucinich At the end of the bill, add the following Amodei Buerkle Denham Cardoza Fattah Langevin Austria Burgess Dent Carnahan Filner Larsen (WA) sections: Bachus Burton (IN) DesJarlais Carney Frank (MA) Larson (CT) SEC. 6. PROTECTION OF SENIORS FROM LIFE- Barletta Calvert Diaz-Balart Carson (IN) Fudge Lee (CA) THREATENING AIR POLLUTION. Bartlett Campbell Dold Castor (FL) Garamendi Levin Notwithstanding any other provision of Barton (TX) Canseco Donnelly (IN) Chandler Green, Al Lewis (GA) this Act, the Administrator shall not delay Bass (NH) Cantor Dreier Chu Green, Gene Loebsack actions pursuant to the rule identified in Benishek Capito Duffy Cicilline Grijalva Lofgren, Zoe Berg Carter Duncan (SC) Clarke (MI) Gutierrez Lowey section 2(b)(3) of this Act to reduce air pollu- Bilbray Cassidy Duncan (TN) Clarke (NY) Hahn Luja´ n tion from waste incinerators, as defined pur- Bilirakis Chabot Ellmers Clay Hanabusa Lynch suant to this Act, where such waste inciner- Bishop (GA) Chaffetz Emerson Cleaver Hanna Maloney ators are within 5 miles of any nursing Bishop (UT) Coble Farenthold Clyburn Hastings (FL) Markey home, assisted living facility, or hospital. Black Coffman (CO) Fincher Cohen Heinrich Matsui SEC. 7. NOTIFICATION TO COMMUNITIES. Blackburn Cole Fitzpatrick Connolly (VA) Higgins McCarthy (NY) Bonner Conaway Flake Conyers Himes McCollum With respect to each requirement for a Bono Mack Costello Fleischmann Cooper Hinchey McDermott major source facility to implement an air Boren Cravaack Fleming Costa Hinojosa McGovern pollution control or emissions reduction that

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