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[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1833 Reported in House (RH)]

                                                 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 Committee of the Whole 
       House on the State of the Union, and ordered to be printed
                                                 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. Bereuter, 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 partial-birth abortions.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Partial-Birth Abortion Ban 
Act of 1995''.</DELETED>

<DELETED>SEC. 2. PROHIBITION ON PARTIAL-BIRTH ABORTIONS.</DELETED>

<DELETED>    (a) In General.--Title 18, United States Code, is amended 
by inserting after chapter 73 the following:</DELETED>

        <DELETED>``CHAPTER 74--PARTIAL-BIRTH ABORTIONS</DELETED>

<DELETED>``Sec.
<DELETED>``1531Partial-birth abortions prohibited.
<DELETED>``Sec. 1531 Partial-birth abortions prohibited</DELETED>
<DELETED>    ``(a) Whoever, in or affecting interstate or foreign 
commerce, knowingly performs a partial-birth abortion and thereby kills 
a human fetus shall be fined under this title or imprisoned not more 
than two years, or both.</DELETED>
<DELETED>    ``(b) As used in this section, the term `partial-birth 
abortion' means an abortion in which the person performing the abortion 
partially vaginally delivers a living fetus before killing the fetus 
and completing the delivery.</DELETED>
<DELETED>    ``(c)(1) The mother, father, and if the mother has not 
attained the age of 18 years at the time of the abortion, the maternal 
grandparents of the fetus, may in a civil action obtain appropriate 
relief.</DELETED>
<DELETED>    ``(2) Such relief shall include--</DELETED>
        <DELETED>    ``(A) money damages for all injuries, 
        psychological and physical, occasioned by the violation of this 
        section; and</DELETED>
        <DELETED>    ``(B) statutory damages equal to three times the 
        cost of the partial-birth abortion;</DELETED>
<DELETED>even if any party consented to the performance of an 
abortion.</DELETED>
<DELETED>    ``(d) A woman upon whom a partial-birth abortion is 
performed may not be prosecuted under this section for a conspiracy to 
violate this section, or an offense under section 2, 3, or 4 of this 
title based on a violation of this section.</DELETED>
<DELETED>    ``(e) It is an affirmative defense to a prosecution or a 
civil action under this section, which must be proved by a 
preponderance of the evidence, that the partial-birth abortion was 
performed by a physician who reasonably believed--</DELETED>
        <DELETED>    ``(1) the partial-birth abortion was necessary to 
        save the life of the woman upon whom it was performed; 
        and</DELETED>
        <DELETED>    ``(2) no other form of abortion would suffice for 
        that purpose.''.</DELETED>
<DELETED>    (b) Clerical Amendment.--The table of chapters for part I 
of title 18, United States Code, is amended by inserting after the item 
relating to chapter 73 the following new item:</DELETED>

<DELETED>``74. Partial-birth abortions......................    1531''.

</DELETED>SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Partial-Birth Abortion Ban Act of 
1995''.

SEC. 2. PROHIBITION ON PARTIAL-BIRTH ABORTIONS.

    (a) In General.--Title 18, United States Code, is amended by 
inserting after chapter 73 the following:

                 ``CHAPTER 74--PARTIAL-BIRTH ABORTIONS

``Sec.
``1531. Partial-birth abortions prohibited.
``Sec. 1531. Partial-birth abortions prohibited
    ``(a) Whoever, in or affecting interstate or foreign commerce, 
knowingly performs a partial-birth abortion and thereby kills a human 
fetus shall be fined under this title or imprisoned not more than two 
years, or both.
    ``(b) As used in this section, the term `partial-birth abortion' 
means an abortion in which the person performing the abortion partially 
vaginally delivers a living fetus before killing the fetus and 
completing the delivery.
    ``(c)(1) The father, and if the mother has not attained the age of 
18 years at the time of the abortion, the maternal grandparents of the 
fetus, may in a civil action obtain appropriate relief, unless the 
pregnancy resulted from the plaintiff's criminal conduct or the 
plaintiff consented to the abortion.
    ``(2) Such relief shall include--
            ``(A) money damages for all injuries, psychological and 
        physical, occasioned by the violation of this section; and
            ``(B) statutory damages equal to three times the cost of 
        the partial-birth abortion.
    ``(d) A woman upon whom a partial-birth abortion is performed may 
not be prosecuted under this section, for a conspiracy to violate this 
section, or for an offense under section 2, 3, or 4 of this title based 
on a violation of this section.
    ``(e) It is an affirmative defense to a prosecution or a civil 
action under this section, which must be proved by a preponderance of 
the evidence, that the partial-birth abortion was performed by a 
physician who reasonably believed--
            ``(1) the partial-birth abortion was necessary to save the 
        life of the mother; and
            ``(2) no other procedure would suffice for that purpose.''.
    (b) Clerical Amendment.--The table of chapters for part I of title 
18, United States Code, is amended by inserting after the item relating 
to chapter 73 the following new item:

``74. Partial-birth abortions...............................    1531''.
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