[House Report 105-214]
[From the U.S. Government Publishing Office]



105th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 1st Session                                                    105-214
_______________________________________________________________________


 
 PROVIDING FOR THE CONSIDERATION OF H.R. 2264, THE DEPARTMENTS OF LABOR, 
   HEALTH AND HUMAN SERVICES, AND EDUCATION APPROPRIATIONS BILL, 1998

                                _______
                                

   July 28, 1997.--Referred to the House Calendar and ordered to be 
                                printed

_______________________________________________________________________


    Mr. Dreier, from the Committee on Rules, submitted the following

                              R E P O R T

                       [To accompany H. Res. 199]

    The Committee on Rules, having had under consideration 
House Resolution 199, by a non-record vote, report the same to 
the House with the recommendation that the resolution be 
adopted.

               brief summary of provisions of resolution

    The resolution provides for the consideration of H.R. 2264, 
the ``Departments of Labor, Health and Human Services, and 
Education Appropriations Bill for FY 1998'' under an open rule. 
The rule provides one hour of general debate divided equally 
between the chairman and ranking minority member of the 
Committee on Appropriations.
    The rule waives all points of order against consideration 
of the bill. The waiver includes waivers of clause 2(l)(6) of 
rule XI (three-day availability of reports), clause 7 of rule 
XXI (three-day availability of printed hearings), and sections 
302 (prohibiting consideration of legislation providing new 
entitlement authority in excess of a committee's allocation), 
306 (prohibits consideration of legislation within Budget 
Committee's jurisdiction, unless the Budget Committee has 
reported it), and 308 (requiring a CBO cost estimate in the 
committee report on legislation containing new entitlement 
spending, or budget authority, or a change in revenues) of the 
Congressional Budget Act of 1974 against the consideration of 
the bill.
    The rule also waives clause 2 of rule XXI (prohibiting 
unauthorized and legislative provisions in an appropriations 
bill) against provisions in the bill and clause 6 (prohibiting 
reappropriations in an appropriations bill) of rule XXI against 
provisions in the bill except as otherwise specified in the 
rule.
    The rule makes in order those amendments printed in the 
Rules Committee report which may only be offered by the Member 
designated, shall be considered as read, shall not to be 
subject to amendment except as specified in the report and 
except pro forma amendments offered for the purpose of debate, 
and shall not be subject to a demand for a division of the 
question. All points of order against the amendments printed in 
the report are waived.
    The rule authorizes the Chair to accord priority in 
recognition to Members who have pre-printed their amendments in 
the Congressional Record. The rule also allows for the Chairman 
of the Committee of the Whole to postpone votes during 
consideration of the bill, and to reduce votes to five minutes 
on a postponed question if the vote follows a fifteen minute 
vote.
    The rule waives clause 2(e) of rule XXI (prohibiting non-
emergency amendments to be offered to a bill containing an 
emergency designation under the Budget Act) against amendments 
to the bill.
    Finally, the rule provides for one motion to recommit, with 
or without instructions.

    amendments made in order by the rule for h.r. 2264--labor, hhs 
                      appropriations bill, fy 1998

    1. Hyde: Updates the Hyde amendment so that the current 
restriction on the use of federal funds for abortions will 
apply to managed care plans. It contains three exceptions: for 
acts of rape, incest and the life of the mother. The life of 
the mother language has been revised to ensure that managed 
care plans interpret this exception correctly.
    2. Lowey: Substitute amendment to the Hyde amendment. 
Clarifies that federal funding may not be used for abortion 
services for Medicaid recipients in traditional fee for service 
arrangements or in managed care plans.
    3. Istook: Requires written consent or proof of actual 
notice from a parent or guardian before a minor could receive 
contraceptive drugs or devices at a Title X clinic. Provides 
the alternative of court review and consent if parent's consent 
cannot be obtained. Applies to contraceptive drugs and devices 
only, not to any family planning information and counseling. 
Requires that staff at Title X clinics report evidence of child 
abuse, child molestation, sexual abuse, rape or incest.
    4. Porter: Substitute amendment to the Istook amendment. To 
qualify for Title X family planning funds, the grantee must 
certify that it (1) encourages family involvement and (2) 
counsels minors on how to resist coercive sexual activity.

                  amendments made in order by the rule

1. The Amendment To Be Offered by Representative Hyde of Illinois or a 
                                Designee

    Page 94, strike lines 16 through 21 and insert the 
following (and redesignate the succeeding sections 
accordingly):
    Sec. 508. (a) None of the funds appropriated under this Act 
shall be expended for any abortion.
    (b) None of the funds appropriated under this Act shall be 
expended for health benefits coverage that includes coverage of 
abortion.
    Sec. 509. (a) The limitations established in the preceding 
section shall not apply to an abortion--
          (1) if the pregnancy is the result of an act of rape 
        or incest; or
          (2) in the case where a woman suffers from a physical 
        disorder, physical injury, or physical illness, 
        including a life-endangering physical condition caused 
        by or arising from the pregnancy itself, that would, as 
        certified by a physician, place the woman in danger of 
        death unless an abortion is performed.
    (b) Nothing in the preceding section shall be construed as 
affecting the expenditure by a State or private person of State 
or private funds (other than a State's contribution of Medicaid 
matching funds).
                              ----------                              


 2. A Substitute Amendment to the Amendment Offered by Representative 
 Hyde To Be Offered By Representative Lowey of New York, or a Designee

    Page 94, strike lines 16 through 21 and insert the 
following (and redesignate the succeeding sections 
accordingly):
    Sec. 508. (a) None of the funds appropriated under this Act 
shall be expended for any abortion.
    (b) None of the funds appropriated under this Act shall be 
expended to contract with any health plan for the provision of 
abortion.
    Sec. 509. (a) The limitations established in the preceding 
section shall not apply to an abortion when such an abortion is 
necessary to save the life of the mother or when the pregnancy 
is the result of an act of rape or incest.
    (b) Nothing in the preceding section shall be construed as 
affecting the expenditure by a State or private person with 
State or private funds (other than a State's contribution of 
Medicaid matching funds).
                              ----------                              


3. An Amendment To Be Offered By Representative Istook of Oklahoma, or 
           Representative Manzullo of Illinois or a Designee

    At the end of title II, insert after the last section 
(preceding the short title) the following section:
    Sec.   . (a) Notwithstanding any other provision of law, no 
provider of services under title X of the Public Health Service 
Act shall be exempt from any State law requiring notification 
or the reporting of child abuse, child molestation, sexual 
abuse, rape, or incest.
    (b) None of the funds appropriated in this Act or any other 
Act for any fiscal year may be made available to any provider 
of services under title X of the Public Health Service Act if 
such provider knowingly provides contraceptive drugs or devices 
to a minor, unless--
          (1) the minor is emancipated under applicable State 
        law;
          (2) the minor has the written consent of a custodial 
        parent or custodial legal guardian to receive the drugs 
        or devices;
          (3) a court of competent jurisdiction has directed 
        that the minor may receive the drugs or devices; or
          (4) such provider of services has given actual 
        written notice to a custodial parent or custodial legal 
        guardian of the minor, notifying the parent or legal 
        guardian of the intent to provide the drugs or devices, 
        at least five business days before providing the drugs 
        or devices.
    (c) Each provider of services under title X of the Public 
Health Service Act shall each year certify to the Secretary of 
Health and Human Services compliance with this section. Such 
Secretary shall prescribe such regulations as may be necessary 
to effectuate this section.

 4. A Substitute Amendment to the Amendment Offered by Representative 
   Istook or Representative Manzullo To Be Offered by Representative 
                   Porter of Illinois, or a Designee

    At the end of title    of the bill, insert after the last 
section (preceding the short title) the following section:
    Sec.   . None of the funds appropriated in the Act may be 
made available to any entity under title X of the Public Health 
Service Act unless the applicant for the award certifies to the 
Secretary that it encourages family participation in the 
decision of minors to seek family planning services and that it 
provides counseling to minors on how to resist attempts to 
coerce minors into engaging in sexual activities.

                                
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