[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''.