FILE h1833.enr
          --H.R.1833--
              H.R.1833
          One Hundred Fourth Congress
          of the
          United States of America
          AT THE SECOND SESSION
          Begun and held at the City of Washington on Wednesday,
          the third day of January, one thousand nine hundred and ninety-six
          An Act
          To amend title 18, United States Code, to ban partial-birth
          abortions.
           [Italic->]   Be it enacted by the Senate and House of
          Representatives of the United States of America in Congress
          assembled, [<-Italic]
          SECTION 1. SHORT TITLE.
            This Act may be cited as the `Partial-Birth Abortion Ban Act of
          1995'.
          SEC. 2. PROHIBITION ON PARTIAL-BIRTH ABORTIONS.
            (a) IN GENERAL- Title 18, United States Code, is amended by
          inserting after chapter 73 the following:
                          `CHAPTER 74--PARTIAL-BIRTH ABORTIONS
          `Sec.
          `1531. Partial-birth abortions prohibited.
          `Sec. 1531. Partial-birth abortions prohibited
            `(a) Any physician who, in or affecting interstate or foreign
          commerce, knowingly performs a partial-birth abortion and thereby
          kills a human fetus shall be fined under this title or imprisoned
          not more than two years, or both. This paragraph shall not 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:  [Italic->] Provided,  [<-Italic] That no other medical
          procedure would suffice for that purpose.  This paragraph shall
          become effective one day after enactment.
            `(b)(1) As used in this section, the term `partial-birth 
          abortion' means an abortion in which the person performing the
          abortion partially vaginally delivers a living fetus before killing
          the fetus and completing the delivery.
            `(2) As used in this section, 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:  [Italic->] Provided, however,  [<-Italic]
          That any individual who is not a physician or not otherwise legally
          authorized by the State to perform abortions, but who nevertheless
          directly performs a partial-birth abortion, shall be subject to the
          provisions of this section.
            `(c)(1) The father, if married to the mother at the time she
          receives a partial-birth abortion procedure, and if the mother has
          not attained the age of 18 years at the time of the abortion, the
          maternal grandparents of the fetus, may in a civil action obtain
          appropriate relief, unless the pregnancy resulted from the
          plaintiff's criminal conduct or the plaintiff consented to the
          abortion.
            `(2) Such relief shall include--
                `(A) money damages for all injuries, psychological and
              physical, occasioned by the violation of this section; and
                `(B) statutory damages equal to three times the cost of the
              partial-birth abortion.
            `(d) A woman upon whom a partial-birth abortion is performed may
          not be prosecuted under this section, for a conspiracy to violate
          this section, or for an offense under section 2, 3, or 4 of this
          title based on a violation of this section.'.
            (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:
           [Bold->] 1531'. [<-Bold] 
          Speaker of the House of Representatives.
          Vice President of the United States and  
          President of the Senate.