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[House Report 114-269]
[From the U.S. Government Publishing Office]

114th Congress   }                                       {      Report
                        HOUSE OF REPRESENTATIVES
 1st Session     }                                       {     114-269

======================================================================

 
PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 3495) TO AMEND TITLE XIX 
OF THE SOCIAL SECURITY ACT TO ALLOW FOR GREATER STATE FLEXIBILITY WITH 
   RESPECT TO EXCLUDING PROVIDERS WHO ARE INVOLVED IN ABORTIONS, AND 
   WAIVING A REQUIREMENT OF CLAUSE 6(a) OF RULE XIII WITH RESPECT TO 
  CONSIDERATION OF CERTAIN RESOLUTIONS REPORTED FROM THE COMMITTEE ON 
                                 RULES

                                _______
                                

 September 28, 2015.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

                Ms. Foxx, from the Committee on Rules, 
                        submitted the following

                              R E P O R T

                       [To accompany H. Res. 444]

    The Committee on Rules, having had under consideration 
House Resolution 444, by a record vote of 9 to 4, 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 of H.R. 3495, the 
Women's Public Health and Safety Act, under a closed rule. The 
resolution provides one hour of debate equally divided and 
controlled by the chair and ranking minority member of the 
Committee on Energy and Commerce or their respective designees. 
The resolution waives all points of order against consideration 
of the bill. The resolution provides that the amendment printed 
in this report shall be considered as adopted and the bill, as 
amended, shall be considered as read. The resolution waives all 
points of order against provisions in the bill, as amended. The 
resolution provides one motion to recommit with or without 
instructions.
    Section 2 of the resolution waives clause 6(a) of rule XIII 
(requiring a two-thirds vote to consider a rule on the same day 
it is reported from the Rules Committee) against any resolution 
reported from the Rules Committee through the legislative day 
of October 1, 2015.

                         EXPLANATION OF WAIVERS

    Although the resolution waives all points of order against 
consideration of the bill, the Committee is not aware of any 
points of order. The waiver is prophylactic in nature.
    Although the resolution waives all points of order against 
provisions in the bill, as amended, the Committee is not aware 
of any points of order. The waiver is prophylactic in nature.

                            COMMITTEE VOTES

    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. 103

    Motion by Ms. Slaughter to report an open rule. Defeated: 
4-9

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Ms. Foxx........................................          Nay   Ms. Slaughter.....................          Yea
Mr. Cole........................................          Nay   Mr. McGovern......................          Yea
Mr. Woodall.....................................          Nay   Mr. Hastings of Florida...........          Yea
Mr. Burgess.....................................          Nay   Mr. Polis.........................          Yea
Mr. Stivers.....................................          Nay
Mr. Collins.....................................          Nay
Mr. Byrne.......................................          Nay
Mr. Newhouse....................................          Nay
Mr. Sessions, Chairman..........................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 104

    Motion by Ms. Foxx to report the rule. Adopted: 9-4

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Ms. Foxx........................................          Yea   Ms. Slaughter.....................          Nay
Mr. Cole........................................          Yea   Mr. McGovern......................          Nay
Mr. Woodall.....................................          Yea   Mr. Hastings of Florida...........          Nay
Mr. Burgess.....................................          Yea   Mr. Polis.........................          Nay
Mr. Stivers.....................................          Yea
Mr. Collins.....................................          Yea
Mr. Byrne.......................................          Yea
Mr. Newhouse....................................          Yea
Mr. Sessions, Chairman..........................          Yea
----------------------------------------------------------------------------------------------------------------

             SUMMARY OF THE AMENDMENT CONSIDERED AS ADOPTED

    Blackburn (TN): Ensures that the policy aims of the 
underlying bill are achieved in a sound and comprehensive 
manner. The changes enhance State flexibility while minimizing 
HHS's ability to interfere with State choices. The changes also 
ensure that the bill applies to managed care plans. Finally, 
the bill also makes clear that the focus is on elective 
abortions, not abortions provided in the case of rape, incest, 
or endangerment to the mother.

                TEXT OF AMENDMENT CONSIDERED AS ADOPTED

  Page 1, strike line 6 and all that follows through page 2, 
line 5 and insert the following:

SEC. 2. INCREASING STATE FLEXIBILITY IN DETERMINING PARTICIPATION OF 
                    PROVIDERS WHO PERFORM, OR PARTICIPATE IN THE 
                    PERFORMANCE OF, ABORTIONS.

  Section 1902 of the Social Security Act (42 U.S.C. 1396a) is 
amended--
          (1) in subsection (a)(23), by striking ``subsection 
        (g)'' and inserting ``subsection (g), subsection 
        (ll),''; and
          (2) by adding at the end the following new 
        subsection:
  ``(ll) Rules With Respect to Determination of Participation 
of Providers Who Perform, or Participate in the Performance of, 
Abortions.--
          ``(1) In general.--Beginning October 1, 2015, subject 
        to paragraph (2), for purposes of this title, a State, 
        at its option, may establish criteria with respect to 
        the participation under the State plan (or under a 
        waiver of the plan) of an institution, agency, entity, 
        or person who performs, or participates in the 
        performance of, abortions.
          ``(2) Exception.--Paragraph (1) shall not apply to an 
        abortion--
                  ``(A) if the pregnancy is the result of an 
                act of rape or incest; or
                  ``(B) in the case where a woman suffers from 
                a physical disorder, physical injury, or 
                physical illness that would, as certified by a 
                physician, place the woman in danger of death 
                unless an abortion is performed, including a 
                life-endangering physical condition caused by 
                or arising from the pregnancy itself.
          ``(3) Definitions.--For purposes of this subsection, 
        the terms `institution', `agency', or `entity' mean the 
        entire legal institution, agency, or entity, or any 
        part thereof, including any institution, agency, or 
        entity that controls, is controlled by, or is under 
        common control with such institution, agency, or 
        entity.''.

                                  [all]
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