[House Report 109-56]
[From the U.S. Government Publishing Office]



109th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                     109-56

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  PROVIDING FOR CONSIDERATION OF H.R. 748, CHILD INTERSTATE ABORTION 
                            NOTIFICATION ACT

                                _______
                                

   April 26, 2005.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

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

                              R E P O R T

                       [To accompany H. Res. 236]

    The Committee on Rules, having had under consideration 
House Resolution 236, 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. 748, the 
Child Interstate Abortion Notification Act, under a structured 
rule. The rule provides one hour of general debate equally 
divided and controlled by the chairman and ranking minority 
member of the Committee on the Judiciary. The rule waives all 
points of order against consideration of the bill.
    The rule provides that the amendment in the nature of a 
substitute recommended by the Committee on the Judiciary now 
printed in the bill shall be considered as an original bill for 
the purpose of amendment.
    The rule makes in order only those amendments printed in 
this report. The rule provides that the amendments printed in 
this report may be offered only in the order printed in this 
report, may be offered only by a Member designated in this 
report, 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 a division 
of the question in the House or in the Committee of the Whole. 
The rule waives all points of order against the amendments 
printed in this report. The rule provides one motion to 
recommit with or without instructions.

                         EXPLANATION OF WAIVERS

    The Committee is not aware of any points of order against 
consideration of the resolution. The waiver of all points of 
order against consideration of the resolution is prophylactic 
in nature.

                            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. 39

    Date: April 26, 2005.
    Measure: H.R. 748, Child Interstate Abortion Notification 
Act.
    Motion by: Mrs. Slaughter.
    Summary of motion: To amend the rule and require that the 
Judiciary Committee file a supplemental report to clarify the 
descriptions of the amendments in the original Judiciary 
Committee report.
    Results: Defeated 4 to 9.
    Vote by Members: Diaz-Balart--Nay; Hastings (WA)--Nay; 
Sessions--Nay; Putnam--Nay; Capito--Nay; Cole--Nay; Bishop--
Nay; Gingrey--Nay; Slaughter--Yea; McGovern--Yea; Hastings 
(FL)--Yea; Matsui--Yea; Dreier--Nay.

Rules Committee Record Vote No. 40

    Date: April 26, 2005.
    Measure: H.R. 748, Child Interstate Abortion Notification 
Act.
    Motion by: Mrs. Slaughter.
    Summary of motion: To make in order and provide the 
appropriate waivers for the amendment offered by Mr. Nadler, 
which takes away a father's right to sue in cases in which he 
caused the minor to become pregnant.
    Results: Defeated 4 to 9.
    Vote by Members: Diaz-Balart--Nay; Hastings (WA)--Nay; 
Sessions--Nay; Putnam--Nay; Capito--Nay; Cole--Nay; Bishop--
Nay; Gingrey--Nay; Slaughter--Yea; McGovern--Yea; Hastings 
(FL)--Yea; Matsui--Yea; Dreier--Nay.

Rules Committee Record Vote No. 41

    Date: April 26, 2005.
    Measure: H.R. 748, Child Interstate Abortion Notification 
Act.
    Motion by: Mrs. Slaughter.
    Summary of motion: To make in order and provide the 
appropriate waivers for the amendment offered by Mr. Watt, 
which provides a health exception to offenses created under the 
Act.
    Results: Defeated 4 to 9.
    Vote by Members: Diaz-Balart--Nay; Hastings (WA)--Nay; 
Sessions--Nay; Putnam--Nay; Capito--Nay; Cole--Nay; Bishop--
Nay; Gingrey--Nay; Slaughter--Yea; McGovern--Yea; Hastings 
(FL)--Yea; Matsui--Yea; Dreier--Nay.

Rules Committee Record Vote No. 42

    Date: April 26, 2005.
    Measure: H.R. 748, Child Interstate Abortion Notification 
Act.
    Motion by: Mr. Hastings of Florida.
    Summary of motion: To make in order and provide the 
appropriate waivers for the amendment offered by Ms. Waters, 
which creates an exception that would allow a minor who resides 
in a state that requires by law parental involvement in that 
minor's abortion decision, to be transported by another person 
across state lines to a state where no such law exists without 
any liability under H.R. 748, if that minor's pregnancy 
resulted from incest.
    Results: Defeated 4 to 9.
    Vote by Members: Diaz-Balart--Nay; Hastings (WA)--Nay; 
Sessions--Nay; Putnam--Nay; Capito--Nay; Cole--Nay; Bishop--
Nay; Gingrey--Nay; Slaughter--Yea; McGovern--Yea; Hastings 
(FL)--Yea; Matsui--Yea; Dreier--Nay.

Rules Committee Record Vote No. 43

    Date: April 26, 2005.
    Measure: H.R. 748, Child Interstate Abortion Notification 
Act.
    Motion by: Mr. Hastings of Florida.
    Summary of motion: To amend the rule to recommend that the 
chairman of the Judiciary Committee, before debate on the rule, 
make clear that no House members support sexual predators.
    Results: Defeated 4 to 9.
    Vote by Members: Diaz-Balart--Nay; Hastings (WA)--Nay; 
Sessions--Nay; Putnam--Nay; Capito--Nay; Cole--Nay; Bishop--
Nay; Gingrey--Nay; Slaughter--Yea; McGovern--Yea; Hastings 
(FL)--Yea; Matsui--Yea; Dreier--Nay.

Rules Committee Record Vote No. 44

    Date: April 26, 2005.
    Measure: H.R. 748, Child Interstate Abortion Notification 
Act.
    Motion by: Mrs. Matsui.
    Summary of motion: To make in order and provide the 
appropriate waivers for the amendment offered by Mrs. Harman, 
which authorizes the Secretary of Health and Human Services to 
provide annual funding to public and private entities to 
establish or expand teenage pregnancy prevention programs. 
Requires applicants to incorporate teenage pregnancy prevention 
programs that have been proven to delay sexual intercourse or 
sexual activity, increase condom or contraceptive use (without 
increasing sexual activity), or reduce teenage pregnancy.
    Results: Defeated 4 to 9.
    Vote by Members: Diaz-Balart--Nay; Hastings (WA)--Nay; 
Sessions--Nay; Putnam--Nay; Capito--Nay; Cole--Nay; Bishop--
Nay; Gingrey--Nay; Slaughter--Yea; McGovern--Yea; Hastings 
(FL)--Yea; Matsui--Yea; Dreier--Nay.

Rules Committee Record Vote No. 45

    Date: April 26, 2005.
    Measure: H.R. 748, Child Interstate Abortion Notification 
Act.
    Motion by: Mrs. Matsui.
    Summary of motion: To make in order and provide the 
appropriate waivers for the amendment offered by Ms. Linda 
Sanchez, which creates an exception to the parental 
notification provision of H.R. 748 so that physicians do not 
have to notify parents of the abortion procedure when: (1) the 
physician performs the abortion procedure in state that does 
not have a law in force requiring parental involvement in the 
minor's decision, and (2) the minor's state of residence does 
not have a parental notification law in force requiring 
parental involvement in a minor's decision.
    Results: Defeated 4 to 9.
    Vote by Members: Diaz-Balart--Nay; Hastings (WA)--Nay; 
Sessions--Nay; Putnam--Nay; Capito--Nay; Cole--Nay; Bishop--
Nay; Gingrey--Nay; Slaughter--Yea; McGovern--Yea; Hastings 
(FL)--Yea; Matsui--Yea; Dreier--Nay.

Rules Committee Record Vote No. 46

    Date: April 26, 2005.
    Measure: H.R. 748, Child Interstate Abortion Notification 
Act.
    Motion by: Mr. Lincoln Diaz-Balart.
    Summary of motion: To report the rule.
    Results: Agreed to 9 to 4.
    Vote by Members: Diaz-Balart--Yea; Hastings (WA)--Yea; 
Sessions--Yea; Putnam--Yea; Capito--Yea; Cole--Yea; Bishop--
Yea; Gingrey--Yea; Slaughter--Nay; McGovern--Nay; Hastings 
(FL)--Nay; Matsui--Nay; Dreier--Yea.

                  SUMMARY OF AMENDMENTS MADE IN ORDER

    (Summaries derived from information provided by the 
amendment sponsor.)
    1. Scott (VA): Immunizes taxicab drivers, bus drivers, 
others in the business of professional transport, doctors, 
nurses, and/or other medical providers or their staff from the 
transportation provision of the bill. (20 minutes)
    2. Jackson-Lee/Nadler: Adds to the exceptions to the 
offense of transporting minors for the purpose of obtaining an 
illegal abortion grandparents of the minor and members of the 
clergy. (20 minutes)

                    TEXT OF AMENDMENTS MADE IN ORDER


 1. An Amendment To Be Offered by Representative Scott of Virginia, or 
              His Designee, To Be Debatable for 20 Minutes

    Page 4, after line 11, insert the following:
          (3) The prohibitions of this section do not apply 
        with respect to conduct by taxicab drivers, bus 
        drivers, nurses, medical providers or others in the 
        business of professional transport.
    Redesignate succeeding subsections accordingly.
                              ----------                              


 2. An Amendment To Be Offered by Representative Jackson-Lee of Texas, 
            or Her Designee, To Be Debatable for 20 Minutes

    Page 4, after line 11, insert the following:
          ``(3) The prohibition of subsection (a) does not 
        apply with respect to conduct by a grandparent of the 
        minor or clergy person.

                                  
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