[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 2497 Introduced in Senate (IS)]







105th CONGRESS
  2d Session
                                S. 2497

                       To ban certain abortions.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 18, 1998

 Mr. Durbin (for himself, Ms. Snowe, Ms. Collins, Mr. Torricelli, Ms. 
 Mikulski, Mr. Graham, Ms. Landrieu, Mr. Lieberman, Mr. Bingaman, and 
  Mr. Inouye) introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
                       To ban certain 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 ``Late-Term Abortion Limitation Act of 
1998''.

SEC. 2. BAN ON CERTAIN ABORTIONS.

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

                 ``CHAPTER 74--BAN ON CERTAIN ABORTIONS

``Sec.
``1531. Prohibition of post-viability abortions.
``1532. Penalties.
``1533. Regulations.
``1534. State law.
``1535. Definitions.
``Sec. 1531. Prohibition of post-viability abortions
    ``(a) In General.--It shall be unlawful for a physician to 
intentionally abort a viable fetus unless the physician prior to 
performing the abortion--
            ``(1) certifies in writing that, in the physician's medical 
        judgment based on the particular facts of the case before the 
        physician, the continuation of the pregnancy would threaten the 
        mother's life or risk grievous injury to her physical health; 
        and
            ``(2) an independent physician who will not perform nor be 
        present at the abortion and who was not previously involved in 
        the treatment of the mother certifies in writing that, in his 
        or her medical judgment based on the particular facts of the 
        case, the continuation of the pregnancy would threaten the 
        mother's life or risk grievous injury to her physical health.
    ``(b) No Conspiracy.--No woman who has had an abortion after fetal 
viability may be prosecuted under this chapter for conspiring to 
violate this chapter or for an offense under section 2, 3, 4, or 1512 
of title 18.
    ``(c) Medical Emergency Exception.--The certification requirements 
contained in subsection (a) shall not apply when, in the medical 
judgment of the physician performing the abortion based on the 
particular facts of the case before the physician, there exists a 
medical emergency. In such a case, however, after the abortion has been 
completed the physician who performed the abortion shall certify in 
writing the specific medical condition which formed the basis for 
determining that a medical emergency existed.
``Sec. 1532. Penalties
    ``(a) Action by the Attorney General.--The Attorney General, the 
Deputy Attorney General, the Associate Attorney General, or any 
Assistant Attorney General or United States Attorney specifically 
designated by the Attorney General may commence a civil action under 
this chapter in any appropriate United States district court to enforce 
the provisions of this chapter.
    ``(b) First Offense.--Upon a finding by the court that the 
respondent in an action commenced under subsection (a) has knowingly 
violated a provision of this chapter, the court shall notify the 
appropriate State medical licensing authority in order to effect the 
suspension of the respondent's medical license in accordance with the 
regulations and procedures developed by the State under section 
1533(b), or shall assess a civil penalty against the respondent in an 
amount not to exceed $100,000, or both.
    ``(c) Second Offense.--Upon a finding by the court that the 
respondent in an action commenced under subsection (a) has knowingly 
violated a provision of this chapter and the respondent has been found 
to have knowingly violated a provision of this chapter on a prior 
occasion, the court shall notify the appropriate State medical 
licensing authority in order to effect the revocation of the 
respondent's medical license in accordance with the regulations and 
procedures developed by the State under section 1533(b), or shall 
assess a civil penalty against the respondent in an amount not to 
exceed $250,000, or both.
    ``(d) Hearing.--With respect to an action under subsection (a), the 
appropriate State medical licensing authority shall be given 
notification of and an opportunity to be heard at a hearing to 
determine the penalty to be imposed under this section.
    ``(e) Certification Requirements.--At the time of the commencement 
of an action under subsection (a), the Attorney General, the Deputy 
Attorney General, the Associate Attorney General, or any Assistant 
Attorney General or United States Attorney who has been specifically 
designated by the Attorney General to commence a civil action under 
this chapter, shall certify to the court involved that, at least 30 
calendar days prior to the filing of such action, the Attorney General, 
the Deputy Attorney General, the Associate Attorney General, or any 
Assistant Attorney General or United States Attorney involved--
            ``(1) has provided notice of the alleged violation of this 
        chapter, in writing, to the Governor or Chief Executive Officer 
        and Attorney General or Chief Legal Officer of the State or 
        political subdivision involved, as well as to the State medical 
        licensing board or other appropriate State agency; and
            ``(2) believes that such an action by the United States is 
        in the public interest and necessary to secure substantial 
        justice.
``Sec. 1533. Regulations
    ``(a) Federal Regulations.--
            ``(1) In general.--Not later than 60 days after the date of 
        enactment of this chapter, the Secretary of Health and Human 
        Services shall publish proposed regulations for the filing of 
        certifications by physicians under this chapter.
            ``(2) Requirements.--The regulations under paragraph (1) 
        shall require that a certification filed under this chapter 
        contain--
                    ``(A) a certification by the physician performing 
                the abortion, under threat of criminal prosecution 
                under section 1746 of title 28, that, in his or her 
                best medical judgment, the abortion performed was 
                medically necessary pursuant to this chapter;
                    ``(B) a description by the physician of the medical 
                indications supporting his or her judgment;
                    ``(C) a certification by an independent physician 
                pursuant to section 1531(a)(2), under threat of 
                criminal prosecution under section 1746 of title 28, 
                that, in his or her best medical judgment, the abortion 
                performed was medically necessary pursuant to this 
                chapter; and
                    ``(D) a certification by the physician performing 
                an abortion under a medical emergency pursuant to 
                section 1531(c), under threat of criminal prosecution 
                under section 1746 of title 28, that, in his or her 
                best medical judgment, a medical emergency existed, and 
                the specific medical condition upon which the physician 
                based his or her decision.
            ``(3) Confidentiality.--The Secretary of Health and Human 
        Services shall promulgate regulations to ensure that the 
        identity of a mother described in section 1531(a)(1) is kept 
        confidential, with respect to a certification filed by a 
        physician under this chapter.
    ``(b) State Regulations.--A State, and the medical licensing 
authority of the State, shall develop regulations and procedures for 
the revocation or suspension of the medical license of a physician upon 
a finding under section 1532 that the physician has violated a 
provision of this chapter. A State that fails to implement such 
procedures shall be subject to loss of funding under title XIX of the 
Social Security Act.
``Sec. 1534. State law
    ``(a) In General.--The requirements of this chapter shall not apply 
with respect to post-viability abortions in a State if there is a State 
law in effect in that State that regulates, restricts, or prohibits 
such abortions to the extent permitted by the Constitution of the 
United States.
    ``(b) Definition.--In subsection (a), the term `State law' means 
all laws, decisions, rules, or regulations of any State, or any other 
State action, having the effect of law.
``Sec. 1535. Definitions
    ``In this chapter:
            ``(1) Grievous injury.--
                    ``(A) In general.--The term `grievous injury' 
                means--
                            ``(i) a severely debilitating disease or 
                        impairment specifically caused by the 
                        pregnancy; or
                            ``(ii) an inability to provide necessary 
                        treatment for a life-threatening condition.
                    ``(B) Limitation.--The term `grievous injury' does 
                not include any condition that is not medically 
                diagnosable or any condition for which termination of 
                the pregnancy is not medically indicated.
            ``(2) Physician.--The term `physician' means a doctor of 
        medicine or osteopathy legally authorized to practice medicine 
        and surgery by the State in which the doctor performs such 
        activity, or any other individual legally authorized by the 
        State to perform abortions, except that any individual who is 
        not a physician or not otherwise legally authorized by the 
        State to perform abortions, but who nevertheless directly 
        performs an abortion in violation of section 1531 shall be 
        subject to the provisions of this chapter.''.
    (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. Ban on certain abortions.............................    1531.''.
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