[Congressional Record (Bound Edition), Volume 149 (2003), Part 5]
[Senate]
[Page 5958]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 260. Mr. HARKIN (for himself, Ms. Cantwell, Mr. Edwards, Mrs. 
Boxer, and Mr. Kerry) proposed an amendment to the bill S. 3, to 
prohibit the procedure commonly known as partial-birth abortion; as 
follows:

       At the appropriate place, insert the following:

     SEC. __. SENSE OF THE SENATE CONCERNING ROE V. WADE.

       (a) Findings.--The Senate 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)); and
       (2) 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.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that--
       (1) the decision of the Supreme Court in Roe v. Wade (410 
     U.S. 113 (1973)) was appropriate and secures an important 
     constitutional right; and
       (2) such decision should not be overturned.
                                 ______
                                 
  SA 261. Mrs. FEINSTEIN (for herself, Ms. Stabenow, and Mr. Edwards) 
proposed an amendment to the bill S. 3, to prohibit the procedure 
commonly known as partial-birth abortion; as follows:

       Strike all after the enacting clause and insert the 
     following:

     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 if, in the medical judgment of the attending 
     physician, the fetus is viable.
       (b) Exception.--This section shall not apply if, in the 
     medical judgment of the attending physician, the abortion is 
     necessary to preserve the life or health of the woman.
       (c) Civil Penalty.--A physician who violated this section 
     shall be subject to a civil penalty of not to exceed 
     $100,000. The civil penalty provided for by this subsection 
     shall be the exclusive remedy for a violation of this 
     section.

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