[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1765 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                S. 1765

                 To prohibit post-viability abortions.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 21, 1999

 Mrs. Feinstein (for herself and Mrs. Boxer) introduced the following 
    bill; which was read twice and referred to the Committee on the 
                               Judiciary

_______________________________________________________________________

                                 A BILL


 
                 To prohibit post-viability 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 ``Post-Viability Abortion Restriction 
Act''.

SEC. 2. PROHIBITION ON CERTAIN ABORTIONS.

    (a) In General.--It shall be unlawful, in or affecting interstate 
or foreign commerce, knowingly to perform an abortion after the fetus 
has become viable.
    (b) Exception.--Subsection (a) shall not apply if, in the medical 
judgment of the attending physician, the abortion is necessary to 
preserve the life of the woman or to avert serious adverse health 
consequences to the woman.
    (c) Penalty.--
            (1) 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 section in any appropriate United 
        States district court to enforce the provisions of this 
        section.
            ``(2) First offense.--Upon a finding by the court that the 
        respondent in an action commenced under paragraph (1) has 
        knowingly violated a provision of this section, the court shall 
        assess a civil penalty against the respondent in an amount not 
        to exceed $10,000.
            ``(3) Second offense--Upon a finding by the court that the 
        respondent in an action commenced under paragraph (1) has 
        knowingly violated a provision of this section and the 
        respondent has been found to have knowingly violated a 
        provision of this section 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.
            ``(4) Hearing.--With respect to an action under paragraph 
        (1), 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 
        subsection.
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