49–008 

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. 


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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: 


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‘‘(ll) RULES WITH RESPECT TO DETERMINATION OF PARTICIPATION

OF PROVIDERS WHO PERFORM, OR PARTICIPATE IN THE PERFORM- ANCE 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.’’. 

Æ 


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