Home > 104th Congressional Documents > H.Doc.104-200 SIGNIFICANT NARCOTICS TRAFFICKERS CENTERED IN COLOMBIA ...

H.Doc.104-200 SIGNIFICANT NARCOTICS TRAFFICKERS CENTERED IN COLOMBIA ...


Google
 
Web GovRecords.org





                                     

104th Congress, 2d Session - - - - - - - - - - House Document 104-198


 
                           VETO OF H.R. 1833

                               __________

                                MESSAGE

                                  from

                   THE PRESIDENT OF THE UNITED STATES

                              transmitting

HIS VETO OF H.R. 1833, A BILL TO AMEND TITLE 18, UNITED STATES CODE, TO 
                      BAN PARTIAL-BIRTH ABORTIONS

<GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>


    April 15, 1996.--Message and accompanying bill referred to the 
          Committee on the Judiciary and ordered to be printed
To the House of Representatives:
    I am returning herewith without my approval H.R. 1833, 
which would prohibit doctors from performing a certain kind of 
abortion. I do so because the bill does not allow women to 
protect themselves from serious threats to their health. By 
refusing to permit women, in reliance on their doctors' best 
medical judgment, to use this procedure when their lives are 
threatened or when their health is put in serious jeopardy, the 
Congress has fashioned a bill that is consistent neither with 
the Constitution nor with sound public policy.
    I have always believed that the decision to have an 
abortion generally should be between a woman, her doctor, her 
conscience, and her God. I support the decision in Roe v. Wade 
protecting a woman's right to choose, and I believe that the 
abortions protected by that decision should be safe and rare. 
Consistent with that decision, I have long opposed late-term 
abortions except where necessary to protect the life or health 
of the mother. In fact, as Governor of Arkansas, I signed into 
law a bill that barred third trimester abortions, with an 
appropriate exception for life or health.
    The procedure described in H.R. 1833 has troubled me 
deeply, as it has many people. I cannot support use of that 
procedure on an elective basis, where the abortion is being 
performed for non-health related reasons and there are equally 
safe medical procedures available.
    There are, however, rare and tragic situations that can 
occur in a woman's pregnancy in which, in a doctor's medical 
judgment, the use of this procedure may be necessary to save a 
woman's life or to protect her against serious injury to her 
health. In these situations, in which a woman and her family 
must make an awful choice, the Constitution requires, as it 
should, that the ability to choose this procedure be protected.
    In the past several months, I have heard from women who 
desperately wanted to have their babies, who were devastated to 
learn that their babies had fatal conditions and would not 
live, who wanted anything other than an abortion, but who were 
advised by their doctors that this procedure was their best 
chance to avert the risk of death or grave harm which, in some 
cases, would have included an inability to ever bear children 
again. For these women, this was not about choice--not about 
deciding against having a child. These babies were certain to 
perish before, during or shortly after birth, and the only 
question was how much grave damage was going to be done to the 
woman.
    I cannot sign H.R. 1833, as passed, because it fails to 
protect women in such dire circumstances--because by treating 
doctors who perform the procedure in these tragic cases as 
criminals, the bill poses a danger of serious harm to women. 
This bill, in curtailing the ability of women and their doctors 
to choose the procedure for sound medical reasons, violates the 
constitutional command that any law regulating abortion protect 
both the life and the health of the woman. The bill's overbroad 
criminal prohibition risks that women will suffer serious 
injury.
    That is why I implored Congress to add an exemption for the 
small number of compelling cases where selection of the 
procedure, in the medical judgment of the attending physician, 
was necessary to preserve the life of the woman or avert 
serious adverse consequences to her health. The life exception 
in the current bill only covers cases where the doctor believes 
that the woman will die. It fails to cover cases where, absent 
the procedure, serious physical harm, often including losing 
the ability to have more children, is very likely to occur. I 
told Congress that I would sign H.R. 1833 if it were amended to 
add an exception for serious health consequences. A bill 
amended in this way would strike a proper balance, remedying 
the constitutional and human defect of H.R. 1833. If such a 
bill were presented to me, I would sign it now.
    I understand the desire to eliminate the use of a procedure 
that appears inhumane. But to eliminate it without taking into 
consideration the rare and tragic circumstances in which its 
use may be necessary would be even more inhumane.
    The Congress chose not to adopt the sensible and 
constitutionally appropriate proposal I made, instead leaving 
women unprotected against serious health risks. As a result of 
this Congressional indifference to women's health, I cannot, in 
good conscience and consistent with my responsibility to uphold 
the law, sign this legislation.

                                                William J. Clinton.
    The White House, April 10, 1996.


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.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,

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: Provided, 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: Provided, however, 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:
``74. Partial-birth abortions....................................1531''.

                                   Bill Emerson,
               Speaker of the House of Representatives pro tempore.
                                   Strom Thurmond,
                               President of the Senate pro tempore.

[Endorsement on back of bill:]
I certify that this Act originated in the House of Representatives.

                                             Robin H. Carle, Clerk.

                                <greek-d>


Pages: 1

Other Popular 104th Congressional Documents Documents:

1 H.Doc.104-103 DEVELOPMENTS CONCERNING THE NATIONAL EMERGENCY WITH RESPECT TO ...
2 H.Doc.104-152 MAKING AVAILABLE APPROPRIATIONS ...
3 H.Doc.104-109 CONTINUATION OF NATIONAL EMERGENCY REGARDING EXPORT CONTROL REGULATIONS ...
4 H.Doc.104-62 REQUESTS FOR EMERGENCY FISCAL YEAR 1995 SUPPLEMENTAL APPROPRIATIONS ...
5 H.Doc.104-115 CUMULATIVE REPORT ON RESCISSIONS AND DEFERRALS, SEPTEMBER 1, 1995 ...
6 H.Doc.104-171 MAKING AVAILABLE APPROPRIATIONS ...
7 H.Doc.104-124 REQUEST FOR DOD TO MAKE PURCHASES AND PURCHASE COMMITMENTS, AND TO ...
8 H.Doc.104-23 DECLARATION OF A NATIONAL EMERGENCY WITH RESPECT TO THE MIDDLE EAST ...
9 H.Doc.104-10 EMIGRATION LAWS AND POLICIES OF THE REPUBLIC OF BULGARIA ...
10 H.Doc.104-8 ONE REVISED DEFERRAL OF BUDGETARY RESOURCES ...
11 H.Doc.104-40 ONE REVISED DEFERRAL AND TWO REVISED RESCISSION PROPOSALS OF BUDGET ...
12 H.Doc.104-210 DEVELOPMENTS CONCERNING THE NATIONAL EMERGENCY WITH RESPECT TO THE ...
13 H.Doc.104-220 STATUS REPORT ON ACTIVITIES IN BANGUI, CENTRAL AFRICAN REPUBLIC ...
14 H.Doc.104-71 PROPOSED LEGISLATION: ``ANTITERRORISM AMENDMENTS ACT OF 1995'' ...
15 H.Doc.104-123 UNITED STATES OF AMERICA AND THE FEDERAL REPUBLIC OF GERMANY ON SOCIAL ...
16 H.Doc.104-80 AMENDMENTS TO THE FISCAL YEAR 1996 APPROPRIATIONS REQUESTS ...
17 T.Doc.104-30 TAXATION AGREEMENT WITH TURKEY ...
18 H.Doc.104-134 VETO OF H.J. RES. 115 ...
19 H.Doc.104-141 VETO OF H.R. 2491 ...
20 H.Doc.104-269 SUPPLEMENTAL APPROPRIATIONS FOR FISCAL YEAR 1996 FOR THE DEPARTMENTS ...
21 H.Doc.104-22 DISASTER ASSISTANCE FOR JAPAN ...
22 H.Doc.104-88 AMENDMENTS TO THE FISCAL YEAR 1996 APPROPRIATIONS REQUESTS ...
23 T.Doc.104-15 EXCHANGE OF NOTES RELATING TO THE TAX CONVENTION WITH KAZAKHSTAN ...
24 H.Doc.104-192 CUMULATIVE REPORT ON RESCISSIONS AND DEFERRALS, APRIL 1, 1996 ...
25 H.Doc.104-160,Pt.2 DEFICIT REDUCTION AND BALANCED BUDGET BY FISCAL YEAR 2002 ...
26 H.Doc.104-98 MID-SESSION REVIEW OF THE BUDGET ...
27 H.Doc.104-229 BUDGET AUTHORITY TO THE FEDERAL EMERGENCY MANAGEMENT AGENCY ...
28 H.Doc.104-116 TOTAL INDEPENDENCE OF ANGOLA (``UNITA'') ...
29 H.Doc.104-173 ORGANIZATIONS THAT THREATEN TO DISRUPT THE MIDDLE EAST PEACE PROCESS ...
30 H.Doc.104-255 CONTINUATION OF THE NATIONAL EMERGENCY REGARDING EXPORT CONTROL ...


Other Documents:

104th Congressional Documents Records and Documents

GovRecords.org presents information on various agencies of the United States Government. Even though all information is believed to be credible and accurate, no guarantees are made on the complete accuracy of our government records archive. Care should be taken to verify the information presented by responsible parties. Please see our reference page for congressional, presidential, and judicial branch contact information. GovRecords.org values visitor privacy. Please see the privacy page for more information.
House Rules:

104th House Rules
105th House Rules
106th House Rules

Congressional Bills:

104th Congressional Bills
105th Congressional Bills
106th Congressional Bills
107th Congressional Bills
108th Congressional Bills

Supreme Court Decisions

Supreme Court Decisions

Additional

1995 Privacy Act Documents
1997 Privacy Act Documents
1994 Unified Agenda
2004 Unified Agenda

Congressional Documents:

104th Congressional Documents
105th Congressional Documents
106th Congressional Documents
107th Congressional Documents
108th Congressional Documents

Congressional Directory:

105th Congressional Directory
106th Congressional Directory
107th Congressional Directory
108th Congressional Directory

Public Laws:

104th Congressional Public Laws
105th Congressional Public Laws
106th Congressional Public Laws
107th Congressional Public Laws
108th Congressional Public Laws

Presidential Records

1994 Presidential Documents
1995 Presidential Documents
1996 Presidential Documents
1997 Presidential Documents
1998 Presidential Documents
1999 Presidential Documents
2000 Presidential Documents
2001 Presidential Documents
2002 Presidential Documents
2003 Presidential Documents
2004 Presidential Documents

Home Executive Judicial Legislative Additional Reference About Privacy