U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

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79–006

" ! HOUSE OF REPRESENTATIVES 106TH CONGRESS

2d Session

REPORT

2000

106–527

House Calendar No. 178

CONTEMPT OF CONGRESS

AGAINST DR. MILES JONES

R E P O R T

OF THE

COMMITTEE ON COMMERCE

ON THE

CONGRESSIONAL PROCEEDINGS AGAINST

DR. MILES JONES FOR FAILURE TO

APPEAR PURSUANT TO A DULY

AUTHORIZED SUBPOENA

MARCH 16, 2000.—Referred to the House Calendar and ordered to be

printed
(II)

COMMITTEE ON COMMERCE

TOM BLILEY, Virginia, Chairman

W.J. ‘‘BILLY’’ TAUZIN, Louisiana

MICHAEL G. OXLEY, Ohio

MICHAEL BILIRAKIS, Florida

JOE BARTON, Texas

FRED UPTON, Michigan

CLIFF STEARNS, Florida

PAUL E. GILLMOR, Ohio

Vice Chairman

JAMES C. GREENWOOD, Pennsylvania

CHRISTOPHER COX, California

NATHAN DEAL, Georgia

STEVE LARGENT, Oklahoma

RICHARD BURR, North Carolina

BRIAN P. BILBRAY, California

ED WHITFIELD, Kentucky

GREG GANSKE, Iowa

CHARLIE NORWOOD, Georgia

TOM A. COBURN, Oklahoma

RICK LAZIO, New York

BARBARA CUBIN, Wyoming

JAMES E. ROGAN, California

JOHN SHIMKUS, Illinois

HEATHER WILSON, New Mexico

JOHN B. SHADEGG, Arizona

CHARLES W. ‘‘CHIP’’ PICKERING,

Mississippi

VITO FOSSELLA, New York

ROY BLUNT, Missouri

ED BRYANT, Tennessee

ROBERT L. EHRLICH, Jr., Maryland

JOHN D. DINGELL, Michigan

HENRY A. WAXMAN, California

EDWARD J. MARKEY, Massachusetts

RALPH M. HALL, Texas

RICK BOUCHER, Virginia

EDOLPHUS TOWNS, New York

FRANK PALLONE, Jr., New Jersey

SHERROD BROWN, Ohio

BART GORDON, Tennessee

PETER DEUTSCH, Florida

BOBBY L. RUSH, Illinois

ANNA G. ESHOO, California

RON KLINK, Pennsylvania

BART STUPAK, Michigan

ELIOT L. ENGEL, New York

TOM SAWYER, Ohio

ALBERT R. WYNN, Maryland

GENE GREEN, Texas

KAREN MCCARTHY, Missouri

TED STRICKLAND, Ohio

DIANA DEGETTE, Colorado

THOMAS M. BARRETT, Wisconsin

BILL LUTHER, Minnesota

LOIS CAPPS, California

JAMES E. DERDERIAN, Chief of Staff

JAMES D. BARNETTE, General Counsel

REID P.F. STUNTZ, Minority Staff Director and Chief Counsel

(II)
House Calendar No. 178

106TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 106–527

CONTEMPT OF CONGRESS AGAINST DR. MILES JONES

MARCH 16, 2000.—Referred to the House Calendar and ordered to be printed

Mr. BLILEY, from the Committee on Commerce,

submitted the following

R E P O R T

CONTENTS

Page

Purpose and Summary ............................................................................................ 1

Facts, Background and Chronology ........................................................................ 2

Authority and Legislative Purpose ......................................................................... 4

Conclusion ................................................................................................................ 4

Hearings ................................................................................................................... 4

Committee Consideration ........................................................................................ 5

Committee Votes ...................................................................................................... 5

Committee Oversight Findings ............................................................................... 8

Committee on Government Reform Oversight Findings ...................................... 8

New Budget Authority, Entitlement Authority, and Tax Expenditures; Committee Cost Estimate; Congressional Budget Office Estimate; and Federal

Mandates Statement ............................................................................................ 8

Advisory Committee Statement .............................................................................. 8

Constitutional Authority Statement ...................................................................... 8

Applicability to Legislative Branch ........................................................................ 8

Section-by-Section Analysis of the Legislation ...................................................... 8

Changes in Existing Law Made by the Bill, as Reported ..................................... 8

PURPOSE AND SUMMARY

The purpose of this report is to set forth the basis for finding Dr.

Miles Jones in contempt of Congress for his failure to appear and

testify before the Subcommittee on Health and Environment of the

Committee on Commerce, as required by a properly issued and

served subpoena ad testificandum.

Upon adoption by the Commerce Committee and the House, this

report and accompanying resolution would direct the Speaker to

certify and refer the matter to the U.S. Attorney for the District

of Columbia for prosecution in accordance with the statutory provision for contempt of Congress, 2 U.S.C. § 192. That offense carries
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a sentence of no less than one month and no more than one year

in prison, plus fines up to $100,000.

FACTS, BACKGROUND AND CHRONOLOGY

On November 9, 1999, the House of Representatives adopted a

resolution introduced by Representative Tom Tancredo calling upon

the Congress to conduct an investigation into whether human

fetuses and fetal tissue are being bought and sold in violation of

Federal law (H. Res. 350). The statute at issue is 42 U.S.C. § 289g–

2(a), which makes it a felony to knowingly acquire, receive or

transfer human fetal tissue for valuable consideration. ‘‘Valuable

consideration’’ is defined to exclude ‘‘reasonable payments associated with the transportation, implantation, processing, preservation, quality control, or storage of human fetal tissue.’’ 42 U.S.C.

§ 289g–2(d)(3).

The resolution was based on information that came to the attention of Congress indicating that at least one commercial fetal tissue

broker had developed a price list for the sale of various fetal body

parts, with prices that did not appear on their face to be reflective

of differing cost structures and in some cases seemed unreasonably

high (attached as Exhibit A). This price list was for a company

named Opening Lines, an entity that acquires human fetal tissue

and then provides it to the research community. Opening Lines

was founded and is operated by Dr. Miles Jones, who is a pathologist by training.

Following the passage of the House resolution, the Committee on

Commerce launched an investigation into whether Opening Lines

or others involved in procuring, selling, or buying fetal tissue were

operating in compliance with Federal law. The Committee also

began reviewing related questions concerning whether other requirements of Federal law in this area were being observed, particularly, whether clinics and fetal tissue brokers were receiving informed consent from women before providing their fetuses for research purposes, and whether the timing, method, or procedures of

abortions were being altered solely for the purpose of obtaining

fetal tissue for research. While these latter restrictions apply only

to Federally-funded transplantation research, the patient safety

and ethical concerns that are the basis for these restrictions are

relevant to all fetal tissue procurement.

In order to investigate this matter fully, the Committee began

making formal and informal inquiries to fetal tissue brokers to obtain information relating to their fee structures and other relevant

practices. As part of this investigation, Chairman Bliley wrote to

Dr. Miles Jones of Opening Lines on two separate occasions (January 31 and February 16, 2000; attached as exhibits B and C), requesting pursuant to Rules X and XI of the Rules of the House of

Representatives that he respond to specific questions relating to

Opening Lines’ business practices. Dr. Jones failed to respond to either letter. Committee staff telephoned Dr. Jones well in excess of

25 times asking that he respond to the Chairman’s questions. Dr.

Jones did not respond to any of those Committee staff telephone

calls.

During the same time period, Chairman Bliley was interviewed

by the ABC news program 20/20 about the Committee’s investiga-
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tion. During the course of this interview, Chairman Bliley was

shown portions of an undercover videotape that 20/20 had taped in

connection with its own investigation into the fetal tissue brokerage industry. Chairman Bliley was shown these segments in order

to gain the Chairman’s reaction to Dr. Jones’ statements concerning his business practices. During this taped conversation, Dr.

Jones asserted that during some weeks he could make up to

$50,000 from buying and selling fetal tissue and fetal body parts.

He clearly stated that ‘‘market force’’ determines the prices at

which he sells fetal body parts ‘‘it’s what you can sell it for,’’ he

said, in response to a question about what price he charges for a

fetal brain or kidney. He also asserted that the cost of procuring

the fetus ‘‘is the same, whether you get one kidney or you get two

kidneys, a lung, a brain, a heart.’’ The rest, he agreed, was ‘‘just

money in the bank.’’ Dr. Jones also made statements during this

undercover interview about the level of informed consent by women

who donate fetal tissue.

Given these facts, and Dr. Jones’ failure to respond to voluntary

Committee requests for information, Chairman Bliley (after consultation with the Minority) authorized and issued, pursuant to

clause 2(m)(3)(A)(i) of rule XI of the rules of the House of Representatives and rule 19 of the Rules of the Committee on Commerce, a subpoena ad testificandum on February 29, 2000, commanding Dr. Jones’ appearance and testimony at a hearing of the

Subcommittee on Health and Environment on March 9, 2000, at

2:00 p.m. This subpoena was lawfully served upon Dr. Jones by the

U.S. Marshals Service on March 1, 2000. A copy of the subpoena

and its proof of service is attached to this report as Exhibit D. Subsequent to service, Committee staff made several additional attempts to contact Dr. Jones to inquire whether he would comply

with the subpoena, to no avail.

The Subcommittee convened pursuant to notice on March 9,

2000, to hold a hearing entitled ‘‘Fetal Tissue: Is It Being Bought

and Sold in Violation of Federal Law?’’ The purpose of the hearing,

as evidenced by the Committee hearing memorandum, was to ‘‘hold

a limited, investigatory hearing to consider evidence that fetal tissue may have been acquired and sold for valuable consideration in

contravention of Federal law.’’ Besides Dr. Jones, several other witnesses were invited and/or subpoenaed to attend this hearing to

discuss their knowledge of or roles in the procuring or selling of

fetal tissue.

Following opening statements from the Members of the Subcommittee, Subcommittee Chairman Michael Bilirakis called the

scheduled witnesses to the witness table, but Dr. Jones did not appear as commanded by his subpoena. At that point, full Committee

Chairman Bliley offered a unanimous consent request that the

hearing stand in recess, and that the Subcommittee waive all applicable notice requirements or other rules and immediately proceed into a business meeting for the purpose of considering a resolution finding Dr. Jones in contempt for his contumacious failure

to comply with a subpoena ad testificandum.

Without objection, and with a quorum present, Chairman Bilirakis recessed the hearing and convened a business meeting of the

Subcommittee. Chairman Bliley then offered a resolution (attached
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as Exhibit E) finding that Dr. Jones was lawfully served with a

validly issued subpoena commanding his appearance and testimony

at the Subcommittee hearing on March 9, 2000, at 2:00 p.m.; finding Dr. Jones in contempt of Congress for his contumacious failure

to appear as commanded by the subpoena ad testificandum; and directing that a report be prepared and forwarded to the full Committee for appropriate action. The resolution was approved by a

record vote of 27 ayes and no nays.

AUTHORITY AND LEGISLATIVE PURPOSE

Clause 1 of rule X of the Rules of the House of Representatives

grants the Committee on Commerce jurisdiction over public health

and quarantine, biomedical research and development, health and

health facilities, and interstate and foreign commerce generally.

Clause 2 of rule X grants the Committee authority to review

‘‘whether laws and programs addressing subjects within the jurisdiction of [the Committee] are being implemented and carried out

with the intent of Congress.’’ As such, it is within the oversight authority of the Committee to investigate whether fetal tissue is

being bought or sold in interstate commerce in violation of Federal

law, as well as the health and research-related questions surrounding that matter.

The Committee also has a clear legislative purpose in conducting

such oversight, given that it could lead the Committee to consider

strengthening Federal requirements in this area or mandating additional oversight or enforcement mechanisms by the Executive

Branch agencies with responsibilities in this area.

CONCLUSION

Chairman Bliley lawfully authorized and issued a subpoena ad

testificandum upon Dr. Miles Jones, pursuant to House and Committee rules and in furtherance of a valid legislative purpose within the Committee’s authority, responsibility and jurisdiction. De

spite being served with this subpoena, Dr. Jones failed to appear

at the scheduled hearing of the Subcommittee on Health and Environment, and his refusal to do so was both willful and contemptible.

Accordingly, the Committee recommends to the House the following resolution:

Resolved, That pursuant to sections 102 and 104 of the

Revised Statutes of the United States (2 U.S.C. §§ 192,

194), the Speaker of the House of Representatives shall

certify the report adopted by the Committee on Commerce,

detailing the failure of Dr. Miles Jones to appear and testify before the Subcommittee on Health and Environment

on March 9, 2000, pursuant to a duly authorized and

served subpoena ad testificandum, to the United States Attorney for the District of Columbia, to the end that Dr.

Miles Jones be proceeded against in the manner and form

provided by law.
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HEARINGS

The Subcommittee on Health and Environment held a hearing on

March 9, 2000, to receive testimony from Dr. Miles Jones, among

other witnesses.

COMMITTEE CONSIDERATION

On March 9, 2000, the Subcommittee on Health and Environment met in open session to consider a resolution of contempt

against Dr. Miles Jones for failure to appear and testify as commanded by subpoena, and directing the Subcommittee to report

such finding to the full Committee for such action as the Committee deems appropriate. The resolution was approved, without

amendment, by a record vote of 27 yeas and no nays.

On March 15, 2000, the Committee on Commerce met in open

markup session and agreed to a motion (attached as Exhibit F) by

Mr. Bilirakis adopting this report, and directing the Chairman of

the Committee to file this report with the House and to take such

other actions as may be necessary to bring this report to the House

for its consideration. The motion was agreed to by a record vote of

34 yeas and no nays.

COMMITTEE VOTES

Clause 3(b) of rule XIII of the Rules of the House of Representatives requires the Committee to list the record votes on the motion

to report legislation and amendments thereto. The following are

the record votes on the motion to adopt this report, including the

names of those Members voting for and against. Also included is

the record vote of the Subcommittee on Health and Environment

adopting the resolution of contempt against Dr. Miles Jones.
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COMMITTEE OVERSIGHT FINDINGS

Pursuant to clause 3(c)(1) of rule XIII of the Rules of the House

of Representatives, the Committee held an oversight hearing and

business meeting, and made findings that are reflected in this report.

COMMITTEE ON GOVERNMENT REFORM OVERSIGHT FINDINGS

Pursuant to clause 3(c)(4) of rule XIII of the Rules of the House

of Representatives, no oversight findings have been submitted to

the Committee by the Committee on Government Reform.

NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY, AND TAX EXPENDITURES; COMMITTEE COST ESTIMATE; CONGRESSIONAL BUDGET

OFFICE ESTIMATE; AND FEDERAL MANDATES STATEMENT

The Committee finds that clauses 3(c)(2) and (3) of rule XIII, section 402 of the Congressional Budget Act of 1974, and section 423

of the Unfunded Mandates Reform Act are inapplicable to this report. Therefore, the Committee did not request a cost estimate from

the Congressional Budget Office and makes no findings as to the

budgetary impact of this report.

ADVISORY COMMITTEE STATEMENT

The Committee finds that section 5(b) of the Federal Advisory

Committee Act is inapplicable to this report.

CONSTITUTIONAL AUTHORITY STATEMENT

Pursuant to clause 3(d)(1) of rule XIII of the Rules of the House

of Representatives, the Committee finds that the Constitutional authority for this report is provided in Article I, section 8, clause 3,

which grants Congress the power to regulate commerce with foreign nations, among the several States, and with the Indian tribes.

APPLICABILITY TO LEGISLATIVE BRANCH

The Committee finds that the report does not relate to the terms

and conditions of employment or access to public services or accommodations within the meaning of section 102(b)(3) of the Congressional Accountability Act.

SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION

This report does not accompany legislation.

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

This report does not amend any existing Federal statute.
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