[Congressional Record Volume 141, Number 192 (Tuesday, December 5, 1995)]
[Senate]
[Pages S18033-S18034]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          AMENDMENTS SUBMITTED

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               THE PARTIAL-BIRTH ABORTION BAN ACT OF 1995

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                        SMITH AMENDMENT NO. 3080

  Mr. SMITH proposed an amendment to the bill (H.R. 1833) to amend 
title 18, 

[[Page S 18034]]
United States Code, to ban partial-birth abortions; as follows:

       On page 2, at the end of line 9, insert the following: 
     ``This paragraph does 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, 
     provided that no other medical procedure would suffice for 
     that purpose.''
                                 ______


                        DOLE AMENDMENT NO. 3081

  Mr. DOLE proposed an amendment to amendment No. 3080 proposed by Mr. 
Smith to the bill, H.R. 1833, supra; as follows:

       In the pending amendment, strike all after the word 
     ``This'' and insert in lieu thereof the following: 
     ``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, 
     provided that no other medical procedure would suffice for 
     that purpose.''
       This paragraph shall become effective one day after 
     enactment.
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                 PRYOR (AND OTHERS) AMENDMENT NO. 3082

  Mr. PRYOR (for himself, Mr. Chafee, and Mr. Brown) proposed an 
amendment to the bill, H.R. 1833, supra; as follows:

       At the appropriate place, insert the following new section:

     SEC.   . APPROVAL AND MARKETING OF PRESCRIPTION DRUGS.

       (a) Approval of Applications of Generic Drugs.--For 
     purposes of acceptance and consideration by the Secretary of 
     an application under subsections (b), (c), and (j) of section 
     505, and subsections (b), (c), and (n) of section 512, of the 
     Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355 (b), (c), 
     and (j), and 360b (b), (c), and (n)), the expiration date of 
     a patent that is the subject of a certification under section 
     505(b)(2)(A) (ii), (iii), or (iv), section 505(j)(2)(A)(vii) 
     (II), (III), or (IV), or section 512(n)(1)(H) (ii), (iii), or 
     (iv) of such Act, respectively, made in an application 
     submitted prior to June 8, 1995, or in an application 
     submitted on or after that date in which the applicant 
     certifies that substantial investment was made prior to June 
     8, 1995, shall be deemed to be the date on which such patent 
     would have expired under the law in effect on the day 
     preceding December 8, 1994.
       (b) Marketing Generic Drugs.--The remedies of section 
     271(e)(4) of title 35, United States Code, shall not apply to 
     acts--
       (1) that were commenced, or for which a substantial 
     investment was made, prior to June 8, 1995; and
       (2) that became infringing by reason of section 154(c)(1) 
     of such title, as amended by section 532 of the Uruguay Round 
     Agreements Act (Public Law 103-465; 108 Stat. 4983).
       (c) Equitable Remuneration.--For acts described in 
     subsection (b), equitable remuneration of the type described 
     in section 154(c)(3) of title 35, United States Code, as 
     amended by section 532 of the Uruguay Round Agreements Act 
     (Public Law 103-465; 108 Stat. 4983) shall be awarded to a 
     patentee only if there has been--
       (1) the commercial manufacture, use, offer to sell, or 
     sale, within the United States of an approved drug that is 
     the subject of an application described in subsection (a); or
       (2) the importation by the applicant into the United States 
     of an approved drug or of active ingredient used in an 
     approved drug that is the subject of an application described 
     in subsection (a).
       (c) Applicability.--The provisions of this section shall 
     govern--
       (1) the approval or the effective date of approval of 
     applications under section 505(b)(2), 505(j), 507, or 512(n), 
     of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355 
     (b)(2) and (j), 357, and 360b(n)) submitted on or after the 
     date of enactment of this Act; and
       (2) the approval or effective date of approval of all 
     pending applications that have not received final approval as 
     of the date of enactment of this Act.
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                        BOXER AMENDMENT NO. 3083

  Mrs. BOXER proposed an amendment to amendment No. 3083 proposed by 
Mr. Pryor to the bill, H.R. 1833, supra; as follows:

       At the end of the amendment, add the following new 
     sentence: ``The prohibition in section 1531(a) of title 18, 
     United States Code, shall not apply to any abortion performed 
     prior to the viability of the fetus, or after viability 
     where, in the medical judgment of the attending physician, 
     the abortion is necessary to preserve the life of the woman 
     or avert serious adverse health consequences to the woman.''.

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