[House Report 108-427]
[From the U.S. Government Publishing Office]



108th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     108-427

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 PROVIDING FOR CONSIDERATION OF H.R. 1997, UNBORN VICTIMS OF VIOLENCE 
                              ACT OF 2004

                                _______
                                

 February 24, 2004.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

    Mr. Linder, from the Committee on Rules, submitted the following

                              R E P O R T

                       [To accompany H. Res. 529]

    The Committee on Rules, having had under consideration 
House Resolution 529, by a nonrecord vote, report the same to 
the House with the recommendation that the resolution be 
adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for the consideration of H.R. 1997, 
the Unborn Victims of Violence Act of 2004, under a modified 
closed rule. The rule provides two hours of debate in the House 
equally divided and controlled by the chairman and ranking 
minority member of the Committee on the Judiciary. The rule 
provides that the bill shall be considered as read for 
amendment.
    The rule provides that the amendment in the nature of a 
substitute recommended by the Committee on the Judiciary now 
printed in the bill, modified by the amendment printed in part 
A of this report, shall be considered as adopted.
    The rule provides for consideration of the amendment in the 
nature of a substitute printed in part B of this report, if 
offered by Representative Lofgren, or her designee, which shall 
be considered as read and shall be 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 part B of this report.
    Finally, the rule provides one motion to recommit with or 
without instructions.

        PART A--SUMMARY OF AMENDMENT TO BE CONSIDERED AS ADOPTED

    (Summary of amendment derived from information provided by 
the sponsor.)
    Sensenbrenner: Manager's Amendment. Makes two technical 
changes to the Uniform Code of Military Justice (UCMJ) portion 
of the bill to conform those provisions to the format of the 
UCMJ.

               PART B--SUMMARY OF AMENDMENT MADE IN ORDER

    (Summary of amendment derived from information provided by 
the sponsor.)
    Lofgren: Amendment in the Nature of the Substitute. Creates 
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)

         PART A--TEXT OF AMENDMENT TO BE CONSIDERED AS ADOPTED

  Page 5, line 21, strike ``Protection of unborn children'' and 
insert ``Death or injury of an unborn child''.
  Page 6, line 2, strike the period and all that follows 
through line 7 and insert ``and shall, upon conviction, be 
punished by such punishment, other than death, as a court-
martial may direct, which shall be consistent with the 
punishments prescribed by the President for that conduct had 
that injury or death occurred to the unborn child's mother.''.
  Page 6, beginning in line 17, strike ``subparagraph (A)'' and 
insert ``paragraph (1)''.
  Page 6, line 8, strike ``(B)'' and insert ``(2)''.
  Page 6, line 15, strike ``(C)'' and insert ``(3)''.
  Page 6, line 21, strike ``(D)'' and insert ``(4)''.
  Page 7, in the matter appearing after line 20, strike 
``Protection of unborn children'' and insert ``Death or injury 
of an unborn child''.

                PART B--TEXT OF AMENDMENT MADE IN ORDER

  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 
2004''.

SEC. 2. CRIMES AGAINST A WOMAN THAT AFFECT THE NORMAL COURSE OF 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 for 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 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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