99–008

107TH CONGRESS REPORT " HOUSE OF REPRESENTATIVES ! 2d Session 107–608

PROVIDING FOR CONSIDERATION OF H.R. 4965, PARTIALBIRTH ABORTION BAN ACT OF 2002

JULY 23, 2002.—Referred to the House Calendar and ordered to be printed 

Mrs. MYRICK, from the Committee on Rules, 

submitted the following 

R E P O R T 

[To accompany H. Res. 498] 

The Committee on Rules, having had under consideration House 

Resolution 498, by a nonrecord vote, report the same to the House 

with the recommendation that the resolution be adopted. 

SUMMARY OF PROVISIONS OF THE RESOLUTION

The resolution provides for consideration in the House of H.R. 

4965, the Partial-Birth Abortion Ban Act of 2002, under a closed 

rule. The rule provides two hours of debate equally divided and 

controlled by the chairman and ranking minority member of the 

Judiciary Committee. 

The rule waives all points of order against consideration of the 

bill. Finally, the rule provides one motion to recommit with or 

without instructions. 

The waiver of all points of order includes a waiver of clause 4(a) 

of rule XIII (requiring a three-day layover of the committee report), 

which is needed because H. Rept. 107–604 was not filed by the Judiciary Committee until Tuesday, July 23, and the bill may be considered by the House as early as Wednesday, July 24. 

COMMITTEE VOTES

Pursuant to clause 3(b) of House rule XIII the results of each 

record vote on an amendment or motion to report, together with 

the names of those voting for and against, are printed below: 

Rules Committee Record Vote No. 164

Date: July 23, 2002. 

Measure: H.R. 4965. 

Motion by: Mr. Frost. 

Summary of motion: To grant an open rule. 

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Results: Defeated 4 to 7. 

Vote by Members: Linder—Nay; Diaz-Balart—Nay; Hastings 

(WA)—Nay; Myrick—Nay; Sessions—Nay; Reynolds—Nay; Frost—

Yea; Slaughter—Yea; McGovern—Yea; Hastings (FL)—Yea; 

Dreier—Nay. 

Rules Committee Record Vote No. 165

Date: July 23, 2002. 

Measure: H.R. 4965. 

Motion by: Mr. Frost. 

Summary of motion: To make in order the amendment offered by 

Rep. Edwards which would ban abortions after fetal viability except in cases when the physician concludes in good faith, according 

to his or her best medical judgment, that the abortion is necessary 

to prevent the death of the woman or to avert a substantial risk 

of serious impairment to her physical or mental health. 

Results: Defeated 4 to 7. 

Vote by Members: Linder—Nay; Diaz-Balart—Nay; Hastings 

(WA)—Nay; Myrick—Nay; Sessions—Nay; Reynolds—Nay; Frost—

Yea; Slaughter—Yea; McGovern—Yea; Hastings (FL)—Yea; 

Dreier—Nay. 

Rules Committee Record Vote No. 166

Date: July 23, 2002. 

Measure: H.R. 4965. 

Motion by: Mrs. Slaughter. 

Summary of motion: To make in order the amendment offered by 

Rep. Baldwin which would create an exception for the preservation 

of the life or health of the mother. 

Results: Defeated 4 to 7. 

Vote by Members: Linder—Nay; Diaz-Balart—Nay; Hastings 

(WA)—Nay; Myrick—Nay; Sessions—Nay; Reynolds—Nay; Frost—

Yea; Slaughter—Yea; McGovern—Yea; Hastings (FL)—Yea; 

Dreier—Nay. 

Rules Committee Record Vote No. 167 

Date: July 23, 2002. 

Measure: H.R. 4965. 

Motion by: Mr. McGovern. 

Summary of motion: To make in order the amendment offered by 

Rep. Jackson-Lee which would limit the prohibition on partial-birth 

abortions to those performed after fetal viability, and adds an exception to protect the health of the woman, as required by Stenberg 

v. Carhart. 

Results: Defeated 4 to 7. 

Vote by Members: Linder—Nay; Diaz-Balart—Nay; Hastings 

(WA)—Nay; Myrick—Nay; Sessions—Nay; Reynolds—Nay; Frost—

Yea; Slaughter—Yea; McGovern—Yea; Hastings (FL)—Yea; 

Dreier—Nay. 

Rules Committee Record Vote No. 168 

Date: July 23, 2002. 

Measure: H.R. 4965. 

Motion by: Mr. McGovern. 

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Summary of motion: To make in order the amendment offered by 

Rep. Jackson-Lee which would eliminate the prison term for doctors engaged in performing abortions. 

Results: Defeated 4 to 7. 

Vote by Members: Linder—Nay; Diaz-Balart—Nay; Hastings 

(WA)—Nay; Myrick—Nay; Sessions—Nay; Reynolds—Nay; Frost— Yea; Slaughter—Yea; McGovern—Yea; Hastings (FL)—Yea; 

Dreier—Nay. 

Rules Committee Record Vote No. 169 

Date: July 23, 2002. 

Measure: H.R. 4965. 

Motion by: Mr. McGovern. 

Summary of motion: To make in order the amendment offered by 

Rep. Hoyer which would make it unlawful to knowingly perform an 

abortion after the fetus has become viable, unless, in the medical 

judgment of the attending physician, it is necessary to preserve the 

life of the woman or to avert serious adverse health consequences 

to her. 

Results: Defeated 4 to 7. 

Vote by Members: Linder—Nay; Diaz-Balart—Nay; Hastings 

(WA)—Nay; Myrick—Nay; Sessions—Nay; Reynolds—Nay; Frost— Yea; Slaughter—Yea; McGovern—Yea; Hastings (FL)—Yea; 

Dreier—Nay.

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