II

Calendar No. 300

106TH CONGRESS

1ST SESSION S. 1692

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

IN THE SENATE OF THE UNITED STATES

OCTOBER 5, 1999

Mr. SANTORUM (for himself, Mr. SMITH of New Hampshire, Mr. ABRAHAM,

Mr. ASHCROFT, Mr. BROWNBACK, Mr. BURNS, Mr. CRAIG, Mr. DEWINE,

Mr. ENZI, Mr. FRIST, Mr. GRAMM, Mr. GRASSLEY, Mr. HATCH, Mr.

HUTCHINSON, Mr. KYL, Mr. MACK, Mr. MCCONNELL, Mr. NICKLES, Mr.

SESSIONS, Mr. SMITH of Oregon, Mr. THURMOND, Mr. WARNER, Mr.

BENNETT, Mr. LOTT, Mr. ALLARD, Mr. BOND, Mr. BUNNING, Mr.

COCHRAN, Mr. CRAPO, Mr. DOMENICI, Mr. FITZGERALD, Mr. GORTON,

Mr. GRAMS, Mr. HAGEL, Mr. HELMS, Mr. INHOFE, Mr. LUGAR, Mr.

MCCAIN, Mr. MURKOWSKI, Mr. ROBERTS, Mr. SHELBY, Mr. THOMAS,

Mr. VOINOVICH, and Mr. COVERDELL) introduced the following bill;

which was read the first time

OCTOBER 6, 1999

Read the second time and placed on the calendar

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,
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S 1692 PCS

1 SECTION 1. SHORT TITLE.

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

3 Ban Act of 1999’’.

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

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

6 amended by inserting after chapter 73 the following:

7 ‘‘CHAPTER 74—PARTIAL-BIRTH ABORTIONS

‘‘Sec.

‘‘1531. Partial-birth abortions prohibited.

8 ‘‘§ 1531. Partial-birth abortions prohibited

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

10 foreign commerce, knowingly performs a partial-birth

11 abortion and thereby kills a human fetus shall be fined

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

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

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

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

16 or injury. This paragraph shall become effective one day

17 after enactment.

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

19 abortion’ means an abortion in which the person per20 forming the abortion partially vaginally delivers a living

21 fetus before killing the fetus and completing the delivery.

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

23 means a doctor of medicine or osteopathy legally author24 ized to practice medicine and surgery by the State in
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1 which the doctor performs such activity, or any other indi2 vidual legally authorized by the State to perform abor3 tions: Provided, however, That any individual who is not

4 a physician or not otherwise legally authorized by the

5 State to perform abortions, but who nevertheless directly

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

7 provisions of this section.

8 ‘‘(3) As used in this section, term ‘vaginally delivers

9 a living fetus before killing the fetus’ means deliberately

10 and intentionally delivers into the vagina a living fetus,

11 or a substantial portion thereof, for the purpose of per12 forming a procedure the physician knows will kill the

13 fetus, and kills the fetus.

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
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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’’.

Calendar No. 300

106TH CONGRESS

1ST SESSION S. 1692

A BILL

To amend title 18, United States Code, to ban

partial-birth abortions.

OCTOBER 6, 1999

Read the second time and placed on the calendar