Union Calendar No. 138

104TH CONGRESS

1ST SESSION H. R. 1833

[Report No. 104–267]

A BILL

To amend title 18, United States Code, to ban

partial-birth abortions.

SEPTEMBER 27, 1995

Reported with an amendment, committed to the Commitordered to be printed tee of the Whole House on the State of the Union, and
IB

Union Calendar No. 138

104TH CONGRESS

1ST SESSION H. R. 1833

[Report No. 104–267]

To amend title 18, United States Code, to ban partial-birth abortions.

IN THE HOUSE OF REPRESENTATIVES

JUNE 14, 1995

Mr. CANADY of Florida (for himself, Mrs. VUCANOVICH, Mr. HALL of Ohio,

Mr. HYDE, Mr. INGLIS of South Carolina, Mr. GOODLATTE, Mr. SMITH

of Texas, Mrs. SMITH of Washington, Mr. WELDON of Florida, Mr.

SMITH of New Jersey, Mr. CHRISTENSEN, Mr. DORNAN, Mr. HILLEARY,

Mr. BUNNING of Kentucky, Mr. CHABOT, Mr. EMERSON, Mr.

HAYWORTH, Mr. LARGENT, Mr. WALSH, Mr. KNOLLENBERG, Mr. TALENT, Mr. WATTS of Oklahoma, Mrs. SEASTRAND, Mr. BARTON of Texas,

Mr. BRYANT of Tennessee, Mr. YOUNG of Arkansas, Mr. LEWIS of Kentucky, Mr. STEARNS, and Mr. MCINTOSH) introduced the following bill;

which was referred to the Committee on the Judiciary

SEPTEMBER 27, 1995

Additional sponsors: Mr. STENHOLM, Mr. BARCIA, Mr. BLILEY, Mr. PETERSON of Minnesota, Mr. HOSTETTLER, Mr. HOLDEN, Mrs. CHENOWETH,

Mr. VOLKMER, Mr. MANZULLO, Mr. KLINK, Mr. SCARBOROUGH, Mr.

TAUZIN, Mr. HASTERT, Mr. LIPINSKI, Mr. ISTOOK, Mr. BURTON of Indiana, Mr. HUTCHINSON, Mr. GUTKNECHT, Mr. DOOLITTLE, Mr. BARTLETT of Maryland, Mr. TIAHRT, Mr. CRANE, Mr. SHADEGG, Mr. COLLINS of Georgia, Mr. BARRETT of Nebraska, Mr. MCDADE, Mr. MASCARA, Mr. SALMON, Mr. BONO, Mr. GRAHAM, Mr. HUNTER, Mr. SOLOMON, Mr. UNDERWOOD, Mr. WICKER, Mr. WAMP, Mr. ORTIZ, Mr. TAYLOR of North Carolina, Mr. TAYLOR of Mississippi, Mr. ENSIGN, Mrs.

CUBIN, Ms. ROS-LEHTINEN, Mr. BOEHNER, Mr. THORNBERRY, Mr.

HASTINGS of Washington, Mr. LIGHTFOOT, Mr. PORTMAN, Mr. HAYES,

Mr. DIAZ-BALART, Mr. CRAPO, Mrs. WALDHOLTZ, Mr. PAXON, Mr.

MCCOLLUM, Mr. BACHUS, Mr. BROWNBACK, Mr. RAHALL, Mr. BAKER

of Louisiana, Mr. BARR, Mr. PARKER, Mr. HERGER, Mr. RADANOVICH,

Mr. RIGGS, Mr. SAM JOHNSON of Texas, Mr. MANTON, Mr. DEAL of

Georgia, Mr. DELAY, Mr. POMBO, Mr. SOUDER, Mr. DICKEY, Mr. BE-
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REUTER, Mr. STOCKMAN, Mr. MCCRERY, Mr. OBERSTAR, Mr.

WHITFIELD, Mr. COBURN, Mr. ROEMER, Mr. BUNN of Oregon, Mr.

MICA, Mr. CALVERT, Mr. BUYER, Mr. FUNDERBURK, Mr. STUMP, Mr.

MYERS of Indiana, Mr. KINGSTON, Mr. CALLAHAN, Mr. WALKER, Mr.

WOLF, and Mr. NEUMANN

SEPTEMBER 27, 1995

Reported with an amendment, committed to the Committee of the Whole

House on the State of the Union, and ordered to be printed

[Strike out all after the enacting clause and insert the part printed in italic]

A BILL

To amend title 18, United States Code, to ban partialbirth abortions.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Partial-Birth Abortion

5 Ban Act of 1995’’.

6 SEC. 2. PROHIBITION ON PARTIAL-BIRTH ABORTIONS.

7 (a) IN GENERAL.—Title 18, United States Code, is

8 amended by inserting after chapter 73 the following:

9 ‘‘CHAPTER 74—PARTIAL-BIRTH ABORTIONS

‘‘Sec.

‘‘1531 Partial-birth abortions prohibited.

10 ‘‘§ 1531 Partial-birth abortions prohibited

11 ‘‘(a) Whoever, in or affecting interstate or foreign

12 commerce, knowingly performs a partial-birth abortion

13 and thereby kills a human fetus shall be fined under this

14 title or imprisoned not more than two years, or both.
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1 ‘‘(b) As used in this section, the term ‘partial-birth

2 abortion’ means an abortion in which the person perform3 ing the abortion partially vaginally delivers a living fetus

4 before killing the fetus and completing the delivery.

5 ‘‘(c)(1) The mother, father, and if the mother has

6 not attained the age of 18 years at the time of the abor7 tion, the maternal grandparents of the fetus, may in a civil

8 action obtain appropriate relief.

9 ‘‘(2) Such relief shall include—

10 ‘‘(A) money damages for all injuries, psycho11 logical and physical, occasioned by the violation of

12 this section; and

13 ‘‘(B) statutory damages equal to three times

14 the cost of the partial-birth abortion;

15 even if any party consented to the performance of an abor16 tion.

17 ‘‘(d) A woman upon whom a partial-birth abortion

18 is performed may not be prosecuted under this section for

19 a conspiracy to violate this section, or an offense under

20 section 2, 3, or 4 of this title based on a violation of this

21 section.

22 ‘‘(e) It is an affirmative defense to a prosecution or

23 a civil action under this section, which must be proved by

24 a preponderance of the evidence, that the partial-birth
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1 abortion was performed by a physician who reasonably be2 lieved—

3 ‘‘(1) the partial-birth abortion was necessary to

4 save the life of the woman upon whom it was per5 formed; and

6 ‘‘(2) no other form of abortion would suffice for

7 that purpose.’’.

8 (b) CLERICAL AMENDMENT.—The table of chapters

9 for part I of title 18, United States Code, is amended by

10 inserting after the item relating to chapter 73 the follow11 ing new item:

‘‘74. Partial-birth abortions ........................................................... 1531’’.

12 SECTION 1. SHORT TITLE.

13 This Act may be cited as the ‘‘Partial-Birth Abortion

14 Ban Act of 1995’’.

15 SEC. 2. PROHIBITION ON PARTIAL-BIRTH ABORTIONS.

16 (a) IN GENERAL.—Title 18, United States Code, is

17 amended by inserting after chapter 73 the following:

18 ‘‘CHAPTER 74—PARTIAL-BIRTH ABORTIONS

‘‘Sec.

‘‘1531. Partial-birth abortions prohibited.

19 ‘‘§ 1531. Partial-birth abortions prohibited

20 ‘‘(a) Whoever, in or affecting interstate or foreign com21 merce, knowingly performs a partial-birth abortion and

22 thereby kills a human fetus shall be fined under this title

23 or imprisoned not more than two years, or both.
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1 ‘‘(b) As used in this section, the term ‘partial-birth

2 abortion’ means an abortion in which the person perform3 ing the abortion partially vaginally delivers a living fetus

4 before killing the fetus and completing the delivery.

5 ‘‘(c)(1) The father, and if the mother has not attained

6 the age of 18 years at the time of the abortion, the maternal

7 grandparents of the fetus, may in a civil action obtain ap8 propriate relief, unless the pregnancy resulted from the

9 plaintiff’s criminal conduct or the plaintiff consented to the

10 abortion.

11 ‘‘(2) Such relief shall include—

12 ‘‘(A) money damages for all injuries, psycho13 logical and physical, occasioned by the violation of

14 this section; and

15 ‘‘(B) statutory damages equal to three times the

16 cost of the partial-birth abortion.

17 ‘‘(d) A woman upon whom a partial-birth abortion is

18 performed may not be prosecuted under this section, for a

19 conspiracy to violate this section, or for an offense under

20 section 2, 3, or 4 of this title based on a violation of this

21 section.

22 ‘‘(e) It is an affirmative defense to a prosecution or

23 a civil action under this section, which must be proved by

24 a preponderance of the evidence, that the partial-birth abor-
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1 tion was performed by a physician who reasonably be2 lieved—

3 ‘‘(1) the partial-birth abortion was necessary to

4 save the life of the mother; and

5 ‘‘(2) no other procedure would suffice for that

6 purpose.’’.

7 (b) CLERICAL AMENDMENT.—The table of chapters for

8 part I of title 18, United States Code, is amended by insert9 ing after the item relating to chapter 73 the following new

10 item:

‘‘74. Partial-birth abortions ............................................................... 1531’’.