H. R. 1122
One Hundred Fifth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the seventh day of January, one thousand nine hundred and ninety-seven
An Act
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,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Partial-Birth Abortion Ban Act
of 1997’’.
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.
‘‘§ 1531. Partial-birth abortions prohibited
‘‘(a) Any physician who, 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. This paragraph shall not apply
to a partial-birth abortion that is necessary to save the life of
a mother whose life is endangered by a physical disorder, illness,
or injury. This paragraph shall become effective one day after
enactment.
‘‘(b)(1) 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.
‘‘(2) As used in this section, the term ‘physician’ means a
doctor of medicine or osteopathy legally authorized to practice medi-
cine and surgery by the State in which the doctor performs such
activity, or any other individual legally authorized by the State
to perform abortions: Provided, however, That any individual who
is not a physician or not otherwise legally authorized by the State
to perform abortions, but who nevertheless directly performs a
partial-birth abortion, shall be subject to the provisions of this
section.
‘‘(3) As used in this section, the term ‘vaginally delivers a
living fetus before killing the fetus’ means deliberately and inten-
tionally delivers into the vagina a living fetus, or a substantial
portion thereof, for the purpose of performing a procedure the
physician knows will kill the fetus, and kills the fetus.
H. R. 1122—2
‘‘(c)(1) The father, if married to the mother at the time she
receives a partial-birth abortion procedure, 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)(1) A defendant accused of an offense under this section
may seek a hearing before the State Medical Board on whether
the physician’s conduct was necessary to save the life of the mother
whose life was endangered by a physical disorder, illness or injury.
‘‘(2) The findings on that issue are admissible on that issue
at the trial of the defendant. Upon a motion of the defendant,
the court shall delay the beginning of the trial for not more than
30 days to permit such a hearing to take place.
‘‘(e) 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.’’.
(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’’.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.