[Congressional Record (Bound Edition), Volume 145 (1999), Part 18]
[Senate]
[Pages 26101-26102]
[From the U.S. Government Publishing Office, www.gpo.gov]




                          AMENDMENTS SUBMITTED

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                 PARTIAL BIRTH ABORTION BAN ACT OF 1999

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                 DURBIN (AND OTHERS) AMENDMENT NO. 2319

  Mr. DURBIN (for himself, Ms. Snowe, Ms. Collins, Mr. Torricelli, Ms. 
Mikulski, Mr. Lieberman, Ms. Landrieu, Mr. Bingaman, Mr. Akaka, Mr. 
Graham, Mr. Wellstone, Mrs. Lincoln, and Mr. Dodd) proposed an 
amendment to the bill (S. 1692) to amend title 18, United States Code, 
to ban partial birth abortions; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Late Term Abortion 
     Limitation Act of 1999''.

     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

[[Page 26102]]

     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 or exacerbated 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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                        BOXER AMENDMENT NO. 2320

  Mrs. BOXER proposed an amendment to amendment No. 2319 proposed by 
Mr. Durbin to the bill, S. 1692, supra; as follows:

       At the end of the bill, add the following:

     SEC.   . SENSE OF CONGRESS.

       It is the sense of the Congress that, consistent with the 
     rulings of the Supreme Court, a woman's life and health must 
     always be protected in any reproductive health legislation 
     passed by Congress.
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                       HARKIN AMENDMENT NO. 2321

  Mr. HARKIN proposed an amendment to amendment No. 2320 proposed by 
Mrs. Boxer to the bill, S. 1692, supra; as follows:

       At the appropriate place, insert the following:

     SEC. __. SENSE OF CONGRESS CONCERNING ROE V. WADE.

       (a) Findings.--Congress finds that--
       (1) reproductive rights are central to the ability of women 
     to exercise their full rights under Federal and State law;
       (2) abortion has been a legal and constitutionally 
     protected medical procedure throughout the United States 
     since the Supreme Court decision in Roe v. Wade (410 U.S. 113 
     (1973));
       (3) the 1973 Supreme Court decision in Roe v. Wade 
     established constitutionally based limits on the power of 
     States to restrict the right of a woman to choose to 
     terminate a pregnancy; and
       (4) women should not be forced into illegal and dangerous 
     abortions as they often were prior to the Roe v. Wade 
     decision.
       (b) Sense of Congress.--It is the sense of the Congress 
     that--
       (1) Roe v. Wade was an appropriate decision and secures an 
     important constitutional right; and
       (2) such decision should not be overturned.
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                      SANTORUM AMENDMENT NO. 2322

  Mr. SANTORUM proposed an amendment to the motion to recommit proposed 
by him to the bill, S. 1692, supra; as follows:

       At the end of the instructions insert the following:

     SEC.   . SENSE OF CONGRESS CONCERNING ROE V. WADE AND PARTIAL 
                   BIRTH ABORTION BANS.

       Findings.--Congress finds that--
       (1) Abortion has been a legal and constitutionally 
     protected medical procedure throughout the United States 
     since the Supreme Court decision in Roe v. Wade (410 U.S. 113 
     (1973));
       (2) No partial birth abortion ban shall 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.
       Sense of Congress.--It is the sense of the Congress that 
     partial birth abortions are horrific and gruesome procedures 
     that should be banned.

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