[House Report 107-608]
[From the U.S. Government Printing Office]



107th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     107-608

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



 
 PROVIDING FOR CONSIDERATION OF H.R. 4965, PARTIAL-BIRTH 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.
    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.
    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.