S.Amdt. 252

1. Adds SEC. 4__. SENSE OF THE SENATE REGARDING ABORTION OF PAIN-CAPABLE UNBORN CHILDREN IN THE NATION'S CAPITAL at the end of subtitle B of title IV

   Adds a section

   In S.Con.Res. 8 · Placed on Calendar Senate

   (2) with full recognition of the constitutional right of the Senate to change those rules at any time, in the same manner, and to the same extent as is the case of any other rule of the Senate.

   Inserted: SEC. 4__. SENSE OF THE SENATE REGARDING ABORTION OF PAIN-CAPABLE UNBORN CHILDREN IN THE NATION'S CAPITAL.

   Inserted: It is the sense of the Senate that--

   Inserted: (1) there is substantial medical evidence that an unborn child is capable of experiencing pain at least 20 weeks after fertilization, if not earlier;

   Inserted: (2) there is a compelling governmental interest in protecting the lives of unborn children from the stage at which substantial medical evidence indicates that they are capable of feeling pain;

   Inserted: (3) the compelling governmental interest in protecting the lives of unborn children from the stage at which substantial medical evidence indicates that they are capable of feeling pain is intended to be separate from and independent of the compelling governmental interest in protecting the lives of unborn children from the stage of viability, and neither governmental interest is intended to replace the other;

   Inserted: (4) the Council of the District of Columbia, operating under authority delegated to the Council by Congress, repealed the law limiting abortions in its entirety, effective April 29, 2004, so that in the District of Columbia, abortion is now legal, for any reason, until the moment of birth;

   Inserted: (5) article I, section 8 of the Constitution of the United States provides that Congress shall have power to "exercise exclusive Legislation in all Cases whatsoever" over the District established as the seat of the Government of the United States, now known as the District of Columbia, and therefore the constitutional responsibility for the protection of pain-capable unborn children within the District of Columbia resides with Congress; and

   Inserted: (6) Congress should enact legislation to amend chapter 74 of title 18, United States Code, to provide that it shall be unlawful for any person to perform an abortion within the District of Columbia, or attempt to do so, unless the physician performing or attempting the abortion first makes a determination of the probable post-fertilization age of the unborn child or reasonably relies upon such a determination made by another physician, and that it shall be unlawful to perform or attempt to perform an abortion if the probable post-fertilization age of the unborn child is 20 weeks or greater, unless, in reasonable medical judgment, the abortion is necessary to save the life of a pregnant woman whose life is endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself, but not including psychological or emotional conditions, with violators subject to imprisonment for not more than 2 years; provided, however, that a woman upon whom such an abortion is performed or attempted shall not be subject to prosecution for any such violation.

   Original wording

   At the end of subtitle B of title IV, insert the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed