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