[House Report 112-243]
[From the U.S. Government Publishing Office]


112th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    112-243

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PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 358) TO AMEND THE PATIENT 
PROTECTION AND AFFORDABLE CARE ACT TO MODIFY SPECIAL RULES RELATING TO 
              COVERAGE OF ABORTION SERVICES UNDER SUCH ACT

                                _______
                                

  October 12, 2011.--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. 430]

    The Committee on Rules, having had under consideration 
House Resolution 430, by a record vote of 5 to 2, 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. 358, the 
Protect Life 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. The resolution waives all points of order against 
consideration of the bill. The resolution provides that the 
amendment in the nature of a substitute recommended by the 
Committee on Energy and Commerce now printed in the bill shall 
be considered as adopted and that the bill, as amended, shall 
be considered as read. The resolution waives all points of 
order against provisions in the bill, as amended. Finally, the 
resolution provides one motion to recommit with or without 
instructions.

                         EXPLANATION OF WAIVERS

    The waiver of all points of order against consideration of 
the bill includes a waiver of clause 9 of rule XXI requiring a 
list of all earmarks, limited tax benefits, or limited tariff 
benefits contained in the measure, or a certification that the 
measure does not contain any of those items. The Committee on 
Energy and Commerce's statement in this regard was deficient as 
it did not reference limited tax or tariff benefits. However, 
the Committee is in receipt of a letter from Representative 
Pitts, chairman of the Subcommittee on Health of the Committee 
on Energy and Commerce, certifying that the measure does not 
contain either limited tax or tariff benefits.
    The waiver of all points of order against provisions in the 
bill, as amended, includes a waiver of clause 5 of rule XXI, 
which prohibits a committee without tax or tariff jurisdiction 
from reporting a measure containing tax or tariff provisions. 
The Committee on Ways and Means received a sequential referral 
for H.R. 358 and was discharged from consideration on September 
12, 2011.

                            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. 136

    Motion by Mr. McGovern to report an open rule. Defeated: 2-
5

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        Majority Members            Vote     Minority Members     Vote
------------------------------------------------------------------------
Mr. Woodall....................       Nay   Mr. McGovern.....       Yea
Mr. Nugent.....................       Nay   Mr. Hastings of         Yea
                                             Florida.
Mr. Scott of South Carolina....       Nay
Mr. Webster....................       Nay
Mr. Dreier, Chairman...........       Nay
------------------------------------------------------------------------

Rules Committee Record Vote No. 137

    Motion by Mr. Woodall to report the rule. Adopted: 5-2

------------------------------------------------------------------------
        Majority Members            Vote     Minority Members     Vote
------------------------------------------------------------------------
Mr. Woodall....................       Yea   Mr. McGovern.....       Nay
Mr. Nugent.....................       Yea   Mr. Hastings of         Nay
                                             Florida.
Mr. Scott of South Carolina....       Yea
Mr. Webster....................       Yea
Mr. Dreier, Chairman...........       Yea
------------------------------------------------------------------------