[House Report 112-61]
[From the U.S. Government Publishing Office]


112th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                     112-61

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   PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 1217) TO REPEAL THE 
                   PREVENTION AND PUBLIC HEALTH FUND

                                _______
                                

   April 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. 219]

    The Committee on Rules, having had under consideration 
House Resolution 219, 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. 1217, to 
repeal the Prevention and Public Health Fund, under a 
structured rule. The resolution provides one hour of general 
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 bill shall be 
considered as read. The resolution waives all points of order 
against provisions in the bill. The resolution makes in order 
only those amendments printed in this report. Each such 
amendment 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 division of 
the question in the House or in the Committee of the Whole. All 
points of order against the amendments are waived. Finally, the 
resolution provides one motion to recommit with or without 
instructions.

                         EXPLANATION OF WAIVERS

    Although the resolution waives all points of order against 
consideration of the bill, the Committee is not aware of any 
points of order against its consideration. The waiver of all 
points of order is prophylactic.
    Although the resolution waives all points of order against 
provisions in the bill, the Committee is not aware of any 
points of order against provisions in the bill. The waiver of 
all points of order is prophylactic.
    Although the resolution waives all points of order against 
the amendments printed in this report, the Committee is not 
aware of any points of order against the amendments and 
therefore the waiver of all points of order is prophylactic in 
nature.

                            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. 81

    Motion by Mr. McGovern to report an open rule. Defeated: 3-
8.

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                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Sessions....................................          Nay   Mr. McGovern......................          Yea
Ms. Foxx........................................          Nay   Mr. Hastings of Florida...........          Yea
Mr. Bishop of Utah..............................          Nay   Mr. Polis.........................          Yea
Mr. Woodall.....................................          Nay
Mr. Nugent......................................          Nay
Mr. Webster.....................................          Nay
Mr. Reed........................................          Nay
Mr. Dreier, Chairman............................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 82

    Motion by Mr. Hastings of Florida to amend the rule to make 
in order and provide the appropriate waivers for amendment #6, 
offered by Rep. Pallone (NJ), which would add a sense of 
Congress that health prevention efforts save lives and money. 
Defeated: 3-8.

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Sessions....................................          Nay   Mr. McGovern......................          Yea
Ms. Foxx........................................          Nay   Mr. Hastings of Florida...........          Yea
Mr. Bishop of Utah..............................          Nay   Mr. Polis.........................          Yea
Mr. Woodall.....................................          Nay
Mr. Nugent......................................          Nay
Mr. Webster.....................................          Nay
Mr. Reed........................................          Nay
Mr. Dreier, Chairman............................          Nay
----------------------------------------------------------------------------------------------------------------

                  SUMMARY OF AMENDMENTS MADE IN ORDER

    1. Jackson Lee (TX): Would require the Department of Health 
and Human Services to post on its website a notice of 
rescission of unobligated Section 4002 funds and the amount 
rescinded. (10 minutes)
    2. Castor (FL): Would require the U.S. Government 
Accountability Office to conduct a study of the impact funds 
awarded through the Prevention and Public Health Fund would 
have on preventing chronic diseases and promoting health. (10 
minutes)
    3. Castor (FL): Would require the U.S. Government 
Accountability Office to conduct a study of the economic impact 
funds awarded through the Prevention and Public Health Fund 
would have on states and communities. (10 minutes)

                    TEXT OF AMENDMENTS MADE IN ORDER

1. An Amendment To Be Offered by Representative Jackson Lee of Texas or 
                 Her Designee, Debatable for 10 Minutes

  In section 1, add at the end the following:
  (c) Notice of Rescission of Unobligated Funds.--Not later 
than 10 days after the date of the enactment of this Act, the 
Secretary of Health and Human Services shall post on the public 
Web site of the Department of Health and Human Services a 
notice of--
          (1) the rescission, pursuant to subsection (b), of 
        the unobligated balance of funds made available by such 
        section 4002; and
          (2) the amount of such funds so rescinded.
                              ----------                              


 2. An Amendment To Be Offered by Representative Castor of Florida or 
                Her Designee, Debatable for 10 Minutes.

  At the end of the bill, add the following:

SEC. 2. GAO STUDY ON THE IMPACTS THAT FUNDING THROUGH THE PREVENTION 
                    AND PUBLIC HEALTH FUND WOULD HAVE ON PREVENTING 
                    CHRONIC DISEASES AND PROMOTING HEALTH.

  The Comptroller General of the United States shall conduct a 
study to determine the impacts that providing prevention, 
wellness, and public health activities under the Prevention and 
Public Health Fund, using the funding made available under 
section 4002 of the Patient Protection and Affordable Care Act 
(42 U.S.C. 300u-11), would have on preventing chronic diseases 
and promoting health in the United States, if such funding were 
not repealed and rescinded under section 1. Not later than the 
expiration of the 90-day period beginning on the day of the 
enactment of this Act, the Comptroller General shall submit to 
the Congress a report setting forth the results and conclusions 
of the study under this section.
                              ----------                              


 3. An Amendment To Be Offered by Representative Castor of Florida or 
                 Her Designee, Debatable for 10 Minutes

  At the end of the bill, add the following:

SEC. 2. GAO STUDY ON THE ECONOMIC IMPACTS THAT FUNDING THROUGH THE 
                    PREVENTION AND PUBLIC HEALTH FUND WOULD HAVE ON 
                    STATES AND COMMUNITIES.

  The Comptroller General of the United States shall conduct a 
study to determine the economic impacts that providing 
prevention, wellness, and public health activities under the 
Prevention and Public Health Fund, using the funding made 
available under section 4002 of the Patient Protection and 
Affordable Care Act (42 U.S.C. 300u-11), would have on States 
and communities in the United States, if such funding were not 
repealed and rescinded under section 1. Not later than the 
expiration of the 90-day period beginning on the day of the 
enactment of this Act, the Comptroller General shall submit to 
the Congress a report setting forth the results and conclusions 
of the study under this section.

                                  
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