[House Report 107-233]
[From the U.S. Government Publishing Office]



107th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    107-233

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PROVIDING FOR CONSIDERATION OF H.R. 3061, DEPARTMENTS OF LABOR, HEALTH 
  AND HUMAN SERVICES, AND EDUCATION, AND RELATED AGENCIES APPROPRIATION 
  ACT, 2002

                                _______
                                

  October 10, 2001.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

            Ms. Pryce of Ohio, from the Committee on Rules, 
                        submitted the following

                              R E P O R T

                       [To accompany H. Res. 258]

    The Committee on Rules, having had under consideration 
House Resolution 258, 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 of H.R. 3061, the 
Departments of Labor, Health and Human Services, and Education, 
and Related Agencies Appropriation Act, 2002, 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 rule provides that the bill shall be 
considered for amendment by paragraph. The rule waives clause 2 
of rule XXI (prohibiting unauthorized or legislative provisions 
in an appropriation bill) against provisions in the bill. The 
rule waives points of order during consideration of the bill 
against amendments for failure to comply with clause 2(e) of 
rule XXI (prohibiting nonemergency designated amendments to be 
offered to an appropriations bill containing an emergency 
designation). The rule makes in order an amendment printed in 
this report, which may be offered only by a Member designated 
in this report and only at the appropriate point in the reading 
of the bill, shall be considered as read, shall be debatable 
for the time specified in this report equally divided and 
controlled by the proponent and an opponent, shall not be 
subject to amendment, and shall not be subject to a demand for 
division of the question in the House or in the Committee of 
the Whole. All points of order against the amendment printed in 
this report are waived.
    The rule authorizes the Chairman of the Committee of the 
Whole to accord priority in recognition to Members who have 
preprinted their amendments in the Congressional Record. 
Finally, the rule provides one motion to recommit with or 
without instructions.
    The waiver of all points of order against consideration of 
the bill includes a waiver of clause 4 of rule XIII (requiring 
a three-day availability of the committee report) because the 
committee report was not filed until Tuesday, October 9th and 
the bill may be considered by the House as early as Thursday, 
October 11th.
    The waiver of all points of order also includes a waiver of 
section 303 of the Congressional Budget Act of 1974 
(prohibiting consideration of legislation, as reported, 
providing new changes in the public debt for a fiscal year 
until the budget resolution for that year has been agreed to) 
because the bill includes at least five advanced appropriations 
for FY 2003.
    Finally, a wavier of section 306 of the Congressional 
Budget Act of 1974 (prohibiting consideration of legislation 
within the Budget Committee's jurisdiction, unless reported by 
the Budget Committee) is needed because the $300 million 
emergency funding designation contained in the bill for the Low 
Income Energy Assistance Program was not designated as such by 
the Budget Committee.

                            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. 45

    Date: October 10, 2001.
    Measure: H.R. 3061.
    Motion by: Representative Hastings (FL).
    Summary of motion: To make in order the DeGette amendment, 
which allows federal funds to be used for emergency 
contraception in certain school based health clinics only when 
the state or local entity with governing authority over the 
health center determines that the distribution will prevent 
pregnancies and reduce the number of abortions, as a second 
degree amendment to the Hart amendment made in order by the 
rule.
    Results: Defeated 3-8.
    Vote by Members: Goss--Nay; Linder--Nay; Pryce--Nay; 
Hastings (WA)--Nay; Myrick--Nay; Sessions--Nay; Reynolds--Nay; 
Hall--Yea; Slaughter--Yea; Hastings (FL)--Yea; Dreier--Nay.

           summary of amendment made in order under the rule

    (Summary derived from information provided by sponsor.)
    Hart--Prohibits federal funds from going to state or local 
educational agencies that distribute the morning-after pill to 
minors on their premises or at their facilities.

             Text of Amendment made in order under the rule

An Amendment To Be Offered by Representative Hart of Pennsylvania, or a 
                   Designee, Debatable for 20 Minutes

  At the end of title V, insert after the last section the 
following section:
  Sec. 5____. Part E of title XIV of the Elementary and 
Secondary Education Act of 1965 is amended by adding at the end 
the following:

``SEC. 14515. SCHOOLCHILDREN'S HEALTH PROTECTION.

  ``(a) Short Title.--This section may be cited as the 
`Schoolchildren's Health Protection Act'.
  ``(b) In General.--Notwithstanding any other provision of 
Federal law (including the specific provisions described in 
subsection (c)), no funds shall be made available under any 
applicable program to a State or local educational agency that 
distributes or provides--
          ``(1) postcoital emergency contraception (morning-
        after pill); or
          ``(2) a prescription for postcoital emergency 
        contraception (morning-after pill), to an unemancipated 
        minor, on the premises or in the facilities of any 
        elementary school or secondary school.
  ``(c) Specific Provisions.--The specific provisions referred 
to in subsection (b) are section 330 and title X of the Public 
Health Service Act (42 U.S.C. 254b, 300 16 et seq.) and title V 
and XIX of the Social Security Act (42 U.S.C. 701 et seq., 17 
1396 et seq.).
  ``(d) Definitions.--In this section:
          ``(1) Postcoital emergency contraception.--The term 
        `postcoital emergency contraception' means any of the 
        regimens described in the notice entitled `Prescription 
        Drug Products; Certain Combined Oral Contraceptives for 
        Use as Postcoital Emergency Contraception,' published 
        in 5 the Federal Register on February 25, 1997, 62 Fed. 
        Reg. 8610 (or any corresponding similar notice).
          ``(2) Unemancipated minor.--The term `unemancipated 
        minor' means an unmarried individual who is 17 years of 
        age or younger and is a dependent, as defined in 
        section 152(a) of the Internal Revenue Code of 1986.''.

                                  
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