[House Report 106-348]
[From the U.S. Government Publishing Office]



106th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    106-348

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 PROVIDING FOR CONSIDERATION OF H.R. 2436, UNBORN VICTIMS OF VIOLENCE 
                              ACT OF 1999

                                _______
                                

 September 29, 1999.--Referred to the House Calendar and ordered to be 
                                printed

                                _______


   Mrs. Myrick, from the Committee on Rules, submitted the following

                              R E P O R T

                       [To accompany H. Res. 313]

    The Committee on Rules, having had under consideration 
House Resolution 313, by a nonrecord vote, report the same to 
the House with the recommendation that the resolution be 
adopted.

                  summary of provisions of resolution

    The resolution provides for the consideration of H.R. 2436, 
the ``Unborn Victims of Violence Act of 1999,'' under a 
structured rule. The rule provides two hours of general debate 
divided equally between the chairman and ranking minority 
member of the Committee on the Judiciary.
    The rule waives points of order against consideration of 
the bill for failure to comply with clause 3(b) of rule XIII 
(requiring the inclusion in the report of any record votes on a 
motion to report, or on any amendment to a bill reported from 
committee). The rule makes in order the Committee on the 
Judiciary amendment in the nature of a substitute now printed 
in the bill as an original bill for purpose of amendment, which 
shall be considered as read.
    The rule makes in order only those amendments printed in 
this report. The rule provides that amendments made in order 
may be offered only in the order printed in this report, may be 
offered only by a Member designated in this report, shall be 
considered as read, shall be debatable for the time specified 
in this report equally divided and controlled by the proponent 
and an opponent, shall not be subject to amendment, and shall 
not be subject to a demand for division of the question in the 
House or in the Committee of the Whole.
    The rule permits the Chairman of the Committee of the Whole 
to postpone votes during consideration of the bill, and to 
reduce voting time to five minutes on a postponed question if 
the vote follows a fifteen minute vote. Finally, the rule 
provides one motion to recommit with or without instructions.
    The waiver of clause 3(b) of rule XIII is necessary because 
record vote number 4 in the Judiciary Committee's report (H. 
Rept. 106-332, Part 1) inaccurately reflects the vote of one of 
the Committee's Members.

           summary of amendments made in order under the rule

    Canady: Brings section 3 of the bill, which amends the 
Uniform Code of Military Justice, into conformity with that 
portion of the bill that was reported by the Committee on the 
Judiciary. Clarifies that the punishment authorized under the 
bill for intentionally killing or attempting to kill an unborn 
child is in lieu of, not in addition to the punishment 
otherwise provided under the bill. Clarifies that the exemption 
for abortion-related conduct includes situations in which a 
surrogate decision maker acts on behalf of the pregnant women. 
(10 Minutes).
    Lofgren/Conyers: Amendment in the nature of a substitute. 
Establishes a new federal crime for any violent or assaultive 
conduct against a pregnant woman that interrupts or terminates 
her pregnancy and makes any interruption punishable by a fine 
and imprisonment up to twenty years but, if the pregnancy is 
terminated, punishable by a fine and imprisonment up to life. 
(60 Minutes).

            text of amendments made in order under the rule

1. An Amendment To Be Offered by Representative Canady of Florida, or a 
                   Designee, Debatable for 10 Minutes

  In section 1841 of title 18, United States Code, as proposed 
to be added by section 2(a)--
          (1) in subsection (a)(2)(C), insert ``, instead of 
        being punished under subparagraph (A),'' after 
        ``shall''; and
          (2) in subsection (c)(1)--
                  (A) insert ``, or a person authorized by law 
                to act on her behalf,'' after ``woman''; and
                  (B) strike ``in a medical emergency''.
  Strike section 3 and insert the following:

SEC. 3. MILITARY JUSTICE SYSTEM.

  (a) Protection of Unborn Children.--Subchapter X of chapter 
47 of title 10, United States Code (the Uniform Code of 
Military Justice), is amended by inserting after section 919 
(article 119) the following new section:

``Sec. 919a. Art. 119a. Protection of unborn children

  ``(a)(1) Any person subject to this chapter who engages in 
conduct that violates any of the provisions of law listed in 
subsection (b) and thereby causes the death of, or bodily 
injury (as defined in section 1365 of title 18) to, a child, 
who is in utero at the time the conduct takes place, is guilty 
of a separate offense under this section.
  ``(2)(A) Except as otherwise provided in this paragraph, the 
punishment for that separate offense is the same as the 
punishment provided under this chapter for that conduct had 
that injury or death occurred to the unborn child's mother.
  ``(B) An offense under this section does not require proof 
that--
          ``(i) the person engaging in the conduct had 
        knowledge or should have had knowledge that the victim 
        of the underlying offense was pregnant; or
          ``(ii) the accused intended to cause the death of, or 
        bodily injury to, the unborn child.
  ``(C) If the person engaging in the conduct thereby 
intentionally kills or attempts to kill the unborn child, that 
person shall, instead of being punished under subparagraph (A), 
be punished as provided under sections 880, 918, and 919(a) of 
this title (articles 80, 118, and 119(a)) for intentionally 
killing or attempting to kill a human being.
  ``(D) Notwithstanding any other provision of law, the death 
penalty shall not be imposed for an offense under this section.
  ``(b) The provisions referred to in subsection (a) are 
sections 918, 919(a), 919(b)(2), 920(a), 922, 924, 926, and 928 
of this title (articles 118, 119(a), 119(b)(2), 120(a), 122, 
124, 126, and 128).
  ``(c) Nothing in this section shall be construed to permit 
the prosecution--
          ``(1) of any person for conduct relating to an 
        abortion for which the consent of the pregnant woman, 
        or a person authorized by law to act on her behalf, has 
        been obtained or for which such consent is implied by 
        law;
          ``(2) of any person for any medical treatment of the 
        pregnant woman or her unborn child; or
          ``(3) of any woman with respect to her unborn child.
  ``(d) In this section, the term `unborn child' means a child 
in utero, and the term `child in utero' or `child, who is in 
utero' means a member of the species homo sapiens, at any stage 
of development, who is carried in the womb.''.
  (b) Clerical Amendment.--The table of sections at the 
beginning of such subchapter is amended by inserting after the 
item relating to section 919 the following new item:

``919a. 119a. Protection of unborn children.''.
                    ____________________________________________________

2. An Amendment To Be Offered by Representative Lofgren of California, 
or Representative Conyers of Michigan, or a Designee, Debatable for 60 
                                Minutes

  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Motherhood Protection Act of 
1999''.

SEC. 2. CRIMES AGAINST A WOMAN--TERMINATING HER PREGNANCY.

  (a) Whoever engages in any violent or assaultive conduct 
against a pregnant woman resulting in the conviction of the 
person so engaging for a violation of any of the provisions of 
law set forth in subsection (c), and thereby causes an 
interruption to the normal course of the pregnancy resulting in 
prenatal injury (including termination of the pregnancy), 
shall, in addition to any penalty imposed for the violation, be 
punished as provided in subsection (b).
  (b) The punishment for a violation of subsection (a) is--
          (1) if the relevant provision of law set forth in 
        subsection (c) is set forth in paragraph (1), (2), or 
        (3) of that subsection, a fine under title 18, United 
        States Code, or imprisonment not more than 20 years, or 
        both, but if the interruption terminates the pregnancy, 
        a fine under title 18, United States Code, or 
        imprisonment for any term of years or for life, or 
        both; and
          (2) if the relevant provision of law is set forth in 
        subsection (c)(4), the punishment shall be the such 
        punishment (other than the death penalty) as the court 
        martial may direct.
  (c) The provisions of law referred to in subsection (a) are 
the following:
          (1) Sections 36, 37, 43, 111, 112, 113, 114, 115, 
        229, 242, 245, 247, 248, 351, 831, 844 (d), (f), 
        (h)(1), and (i), 924(j), 930, 1111, 1112, 1114, 1116, 
        1118, 1119, 1120, 1121, 1153(a), 1201(a), 1203(a), 
        1365(a), 1501, 1503, 1505, 1512, 1513, 1751, 1864, 
        1951, 1952 (a)(1)(B), (a)(2)(B), and (a)(3)(B), 1958, 
        1959, 1992, 2113, 2114, 2116, 2118, 2119, 2191, 2231, 
        2241(a), 2245, 2261, 2261A, 2280, 2281, 2332, 2332a, 
        2332b, 2340A, and 2441 of title 18, United States Code.
          (2) Section 408(e) of the Controlled Substances Act 
        of 1970 (21 U.S.C. 848).
          (3) Section 202 of the Atomic Energy Act of 1954 (42 
        U.S.C. 2283).
          (4) Sections 918, 919(a), 919(b)(2), 920(a), 922, 
        924, 926, and 928 of title 10, United States Code 
        (articles 118, 119(a), 119(b)(2), 120(a), 122, 124, 
        126, and 128).

                                  
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