[House Report 108-139]
[From the U.S. Government Publishing Office]




108th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    108-139
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PROVIDING FOR CONSIDERATION OF H.R. 760, PARTIAL-BIRTH ABORTION BAN ACT 
                                OF 2003

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June 3, 2003.--Referred to the House Calendar and ordered to be printed

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

                              R E P O R T

                       [To accompany H. Res. 257]

    The Committee on Rules, having had under consideration 
House Resolution 257, by a nonrecord vote, reports the same to 
the House with the recommendation that the resolution be 
adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for consideration in the House of 
H.R. 760, the Partial-Birth Abortion Ban Act of 2003, under a 
modified closed rule. The rule provides one hour of debate 
equally divided and controlled by the chairman and ranking 
minority member of the Judiciary Committee.
    The rule provides for consideration of the amendment 
printed in this report, if offered by Representative Greenwood 
of Pennsylvania or his designee, which shall be considered as 
read, and shall be separately debatable for one hour equally 
divided and controlled by the proponent and an opponent. The 
rule waives all points of order against the amendment printed 
in this report. The rule provides one motion to recommit with 
or without instructions.
    Section 2 of the rule provides that after the passage of 
H.R. 760, it shall be in order to take from the Speaker's table 
S. 3, the Partial-Birth Abortion Ban Act of 2003, and to 
consider the Senate bill in the House. The rule further 
provides for a motion to strike all after the enacting clause 
of S. 3 and to insert in lieu thereof the provisions of H.R. 
760 as passed by the House. Finally, the rule waives all points 
of order against the motion to strike and insert.

                            COMMITTEE VOTES

    Pursuant to clause 3(b) of House rule XIII the results of 
each record vote on an amendment or motion to report, together 
with the names of those voting for and against, are printed 
below:

Rules Committee record vote No. 99

    Date: June 3, 2003.
    Measure: H.R. 760, The Partial-Birth Abortion Ban Act of 
2003.
    Motion by: Mr. Hastings of Florida.
    Summary of motion: To make in order and grant the 
appropriate waivers for the amendment in the nature of a 
substitute offered by Representative Edwards, which bans 
abortions after fetal viability except in cases when the 
physician concludes in good faith according to his or her best 
medical judgment that the abortion is necessary to prevent the 
death of a woman or to avert a substantial risk of serious 
impairment to her physical or mental health.
    Results: Defeated 4 to 7.
    Vote by Members: Goss--Nay; Linder--Nay; Diaz-Balart--Nay; 
Hastings (WA)--Nay; Myrick--Nay; Sessions--Nay; Frost--Yea; 
Slaughter--Yea; McGovern--Yea; Hastings (FL)--Yea; Dreier--Nay.

           SUMMARY OF AMENDMENT MADE IN ORDER UNDER THE RULE

    Greenwood/Hoyer/Nancy Johnson: Amendment in the nature of a 
substitute. Makes it unlawful to knowingly perform an abortion 
after the fetus has become viable, unless, in the medical 
judgment of the attending physician, it is necessary to 
preserve the life of the woman or to avert serious adverse 
consequences to her health. Physicians who violate this law 
would be subject to civil penalty of up to $10,000. (60 
minutes)

             TEXT OF AMENDMENT MADE IN ORDER UNDER THE RULE

  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

   This Act may be cited as the ``Late Term 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.--This section does not prohibit any abortion 
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) Civil Penalty.--A physician who violates this section 
shall be subject to a civil penalty not to exceed $10,000. The 
civil penalty provided by this subsection is the exclusive 
remedy for a violation of this section.

                                
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