[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3691 Introduced in House (IH)]







106th CONGRESS
  2d Session
                                H. R. 3691

 To provide that the inferior courts of the United States do not have 
       jurisdiction to hear partial-birth abortion-related cases.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 16, 2000

 Mr. Paul (for himself, Mr. Baker, and Mr. Ryun of Kansas) introduced 
    the following bill; which was referred to the Committee on the 
                               Judiciary

_______________________________________________________________________

                                 A BILL


 
 To provide that the inferior courts of the United States do not have 
       jurisdiction to hear partial-birth abortion-related cases.

    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 and Judicial 
Limitation Act of 2000''.

SEC. 2. REMOVAL OF PARTIAL-BIRTH ABORTION-RELATED CASES FROM FEDERAL 
              DISTRICT COURT JURISDICTION.

    (a) In General.--Chapter 85 of title 28, United States Code, is 
amended by adding at the end the following new section:
``Sec. 1369. Removal of jurisdiction over partial-birth abortion-
              related cases
    ``(a) In General.--The district courts of the United States, the 
District Court of Guam, the District Court of the Virgin Islands, and 
the District Court for the Northern Mariana Islands shall not have 
jurisdiction to hear or determine any partial-birth abortion-related 
case.
    ``(b) Definition.--For purposes of this section, the term `partial-
birth abortion-related case' means any action in which any requirement, 
prohibition, or other provision relating to partial-birth abortion that 
is contained in a State or Federal statute is at issue.''.
    (b) Conforming Amendment.--The table of contents for chapter 85 of 
title 28, United States Code, is amended by adding at the end the 
following new item:

``1369. Removal of jurisdiction over partial-birth abortion-related 
                            cases.''.

SEC. 3. REMOVAL OF PARTIAL-BIRTH ABORTION-RELATED CASES FROM FEDERAL 
              CLAIMS COURT JURISDICTION.

    (a) In General.--Chapter 91 of title 28, United States Code, is 
amended by adding at the end the following new section:
``Sec. 1510. Removal of jurisdiction over partial-birth abortion-
              related cases
    ``(a) In General.--The United States Court of Federal Claims shall 
not have jurisdiction to hear or determine any partial-birth abortion-
related case.
    ``(b) Definition.--For purposes of this section, the term `partial-
birth abortion-related case' means any action in which any requirement, 
prohibition, or other provision relating to partial-birth abortion that 
is contained in a State or Federal statute is at issue.''.
    (b) Conforming Amendment.--The table of contents for chapter 91 of 
title 28, United States Code, is amended by adding at the end the 
following new item:

``1510. Removal of jurisdiction over partial-birth abortion-related 
                            cases.''.

SEC. 4. CONSTITUTIONAL JURISDICTION.

    This Act is proposed in accordance with article 3, section 2, of 
the Constitution of the United States of America.

SEC. 5. EFFECTIVE DATE.

    The amendments made by this Act shall apply to cases filed on or 
after the date of the enactment of this Act.
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