106TH CONGRESS

1ST SESSION S. 1692

AN ACT

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 1999’’.
2

S 1692 ES

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

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

3 amended by inserting after chapter 73 the following:

4 ‘‘CHAPTER 74—PARTIAL-BIRTH ABORTIONS

‘‘Sec.

‘‘1531. Partial-birth abortions prohibited.

5 ‘‘§ 1531. Partial-birth abortions prohibited

6 ‘‘(a) Any physician who, in or affecting interstate or

7 foreign commerce, knowingly performs a partial-birth

8 abortion and thereby kills a human fetus shall be fined

9 under this title or imprisoned not more than two years,

10 or both. This paragraph shall not apply to a partial-birth

11 abortion that is necessary to save the life of a mother

12 whose life is endangered by a physical disorder, illness,

13 or injury. This paragraph shall become effective one day

14 after enactment.

15 ‘‘(b)(1) As used in this section, the term ‘partial-birth

16 abortion’ means an abortion in which the person per17 forming the abortion deliberately and intentionally—

18 ‘‘(A) vaginally delivers some portion of an in19 tact living fetus until the fetus is partially outside

20 the body of the mother, for the purpose of per21 forming an overt act that the person knows will kill

22 the fetus while the fetus is partially outside the body

23 of the mother; and
3

S 1692 ES

1 ‘‘(B) performs the overt act that kills the fetus

2 while the intact living fetus is partially outside the

3 body of the mother.

4 ‘‘(2) As used in this section, the term ‘physician’

5 means a doctor of medicine or osteopathy legally author6 ized to practice medicine and surgery by the State in

7 which the doctor performs such activity, or any other indi8 vidual legally authorized by the State to perform abor9 tions: Provided, however, That any individual who is not

10 a physician or not otherwise legally authorized by the

11 State to perform abortions, but who nevertheless directly

12 performs a partial-birth abortion, shall be subject to the

13 provisions of this section.

14 ‘‘(c)(1) The father, if married to the mother at the

15 time she receives a partial-birth abortion procedure, and

16 if the mother has not attained the age of 18 years at the

17 time of the abortion, the maternal grandparents of the

18 fetus, may in a civil action obtain appropriate relief, unless

19 the pregnancy resulted from the plaintiff’s criminal con20 duct or the plaintiff consented to the abortion.

21 ‘‘(2) Such relief shall include—

22 ‘‘(A) money damages for all injuries, psycho23 logical and physical, occasioned by the violation of

24 this section; and
4

S 1692 ES

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

2 the cost of the partial-birth abortion.

3 ‘‘(d)(1) A defendant accused of an offense under this

4 section may seek a hearing before the State Medical Board

5 on whether the physician’s conduct was necessary to save

6 the life of the mother whose life was endangered by a

7 physical disorder, illness or injury.

8 ‘‘(2) The findings on that issue are admissible on that

9 issue at the trial of the defendant. Upon a motion of the

10 defendant, the court shall delay the beginning of the trial

11 for not more than 30 days to permit such a hearing to

12 take place.

13 ‘‘(e) A woman upon whom a partial-birth abortion is

14 performed may not be prosecuted under this section, for

15 a conspiracy to violate this section, or for an offense under

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

17 section.’’.

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

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

20 inserting after the item relating to chapter 73 the fol21 lowing new item:

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

22 SEC. 3. SENSE OF CONGRESS CONCERNING ROE V. WADE

23 AND PARTIAL BIRTH ABORTION BANS.

24 (a) FINDINGS.—Congress finds that—
5

S 1692 ES

1 (1) abortion has been a legal and constitu2 tionally protected medical procedure throughout the

3 United States since the Supreme Court decision in

4 Roe v. Wade (410 U.S. 113 (1973)); and

5 (2) no partial birth abortion ban shall apply to

6 a partial-birth abortion that is necessary to save the

7 life of a mother whose life is endangered by a phys8 ical disorder, illness, or injury.

9 (b) SENSE OF CONGRESS.—It is the sense of the

10 Congress that partial birth abortions are horrific and

11 gruesome procedures that should be banned.

12 SEC. 4. SENSE OF CONGRESS CONCERNING A WOMAN’S

13 LIFE AND HEALTH.

14 It is the sense of the Congress that, consistent with

15 the rulings of the Supreme Court, a woman’s life and

16 health must always be protected in any reproductive

17 health legislation passed by Congress.

18 SEC. 5. SENSE OF CONGRESS CONCERNING ROE V. WADE.

19 (a) FINDINGS.—Congress finds that—

20 (1) reproductive rights are central to the ability

21 of women to exercise their full rights under Federal

22 and State law;

23 (2) abortion has been a legal and constitu24 tionally protected medical procedure throughout the
6

S 1692 ES

1 United States since the Supreme Court decision in

2 Roe v. Wade (410 U.S. 113 (1973));

3 (3) the 1973 Supreme Court decision in Roe v.

4 Wade established constitutionally based limits on the

5 power of States to restrict the right of a woman to

6 choose to terminate a pregnancy; and

7 (4) women should not be forced into illegal and

8 dangerous abortions as they often were prior to the

9 Roe v. Wade decision.

10 (b) SENSE OF CONGRESS.—It is the sense of the

11 Congress that—

12 (1) Roe v. Wade was an appropriate decision

13 and secures an important constitutional right; and

14 (2) such decision should not be overturned.

Passed the Senate October 21, 1999.

Attest:

Secretary.
106TH CONGRESS

1ST SESSION S. 1692

AN ACT

To amend title 18, United States Code, to ban

partial-birth abortions.