49–008 

114TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 114–111 

PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 1735) TO AUTHORIZE 

APPROPRIATIONS FOR FISCAL YEAR 2016 FOR MILITARY ACTIVITIES OF 

THE DEPARTMENT OF DEFENSE AND FOR MILITARY CONSTRUCTION, 

TO PRESCRIBE MILITARY PERSONNEL STRENGTHS FOR SUCH FISCAL 

YEAR, AND FOR OTHER PURPOSES; PROVIDING FOR CONSIDERATION OF 

THE BILL (H.R. 36) TO AMEND TITLE 18, UNITED STATES CODE, TO PROTECT PAIN-CAPABLE UNBORN CHILDREN, AND FOR OTHER PURPOSES; 

PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 2048) TO REFORM 

THE AUTHORITIES OF THE FEDERAL GOVERNMENT TO REQUIRE THE 

PRODUCTION OF CERTAIN BUSINESS RECORDS, CONDUCT ELECTRONIC 

SURVEILLANCE, USE PEN REGISTERS AND TRAP AND TRACE DEVICES, 

AND USE OTHER FORMS OF INFORMATION GATHERING FOR FOREIGN 

INTELLIGENCE, COUNTERTERRORISM, AND CRIMINAL PURPOSES, AND 

FOR OTHER PURPOSES; AND PROVIDING FOR CONSIDERATION OF MOTIONS TO SUSPEND THE RULES 

MAY 12, 2015.—Referred to the House Calendar and ordered to be printed 

Ms. FOXX, from the Committee on Rules, 

submitted the following 

R E P O R T 

[To accompany H. Res. 255] 

The Committee on Rules, having had under consideration House 

Resolution 255, by a record vote of 8 to 3, 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. 1735, the 

National Defense Authorization Act for Fiscal Year 2016. The resolution provides one hour of general debate equally divided and controlled by the chair and ranking minority member of the Committee on Armed Services. The resolution waives all points of order 

against consideration of the bill. The resolution provides that no 

further consideration of the bill shall be in order except pursuant 

to a subsequent order of the House. 

Section 2 of the resolution provides for consideration of H.R. 36, 

the Pain-Capable Unborn Child Protection Act, under a closed rule. 

The resolution provides one hour of debate equally divided and controlled by the chair and ranking minority member of the Committee on the Judiciary or their respective designees. The resolution waives all points of order against consideration of the bill. The 


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resolution provides that the amendment in the nature of a substitute printed in part A of this report shall be considered as adopted and the bill, as amended, shall be considered as read. The resolution waives all points of order against provisions in the bill, as 

amended. The resolution provides one motion to recommit with or 

without instructions. 

Section 3 of the resolution provides for consideration of H.R. 

2048, the USA FREEDOM Act of 2015, under a closed rule. The 

resolution provides one hour of debate equally divided and controlled by the chair and ranking minority member of the Committee on the Judiciary. The resolution waives all points of order 

against consideration of the bill. The resolution provides that the 

amendment printed in part B this report shall be considered as 

adopted and the bill, as amended, shall be considered as read. The 

resolution waives all points of order against provisions in the bill, 

as amended. The resolution provides one motion to recommit with 

or without instructions. 

Section 4 of the resolution provides that it shall be in order at 

any time on the legislative day of May 14, 2015, or May 15, 2015, 

for the Speaker to entertain motions that the House suspend the 

rules, as though under clause 1 of rule XV and that the Speaker 

or his designee shall consult with the Minority Leader or her designee on the designation of any matter for consideration pursuant 

to this section. 

EXPLANATION OF WAIVERS

The waiver of all points of order against consideration of H.R. 

1735 includes a waiver of the following: • Clause 3(e)(1) of rule XIII (‘‘Ramseyer’’), requiring a committee 

report accompanying a bill amending or repealing statutes to show, 

by typographical device, parts of statute affected; and • Clause 4(a) of rule XIII, which prohibits consideration of legislation in the House until the third calendar day on which each report of a committee on that measure or matter has been available 

to Members, Delegates and the Resident Commissioner. While the 

Committee on Armed Services filed its report on May 5, 2015, the 

Committee requested authority to file a supplemental report, which 

includes a more comprehensive cost estimate from the Congressional Budget Office. The Committee on Armed Services filed its 

supplemental report on May 12, 2015. 

The waiver of all points of order against consideration of H.R. 36 

includes: 

• Section 302(f) of the Congressional Budget Act, which prohibits 

consideration of legislation providing new budget authority in excess of a committee’s 302(a) allocation of such authority; and 

• Clause 10 of rule XXI, which prohibits consideration of a bill 

if it has the net effect of increasing mandatory spending over the 

five- or ten-year period. 

Although the resolution waives all points of order against provisions in H.R. 36, as amended, the Committee is not aware of any 

points of order. The waiver is prophylactic in nature. 

The waiver of all points of order against consideration of H.R. 

2048 include a waiver of Clause 3(e)(1) of rule XIII (‘‘Ramseyer’’), 

requiring a committee report accompanying a bill amending or repealing statutes to show, by typographical device, parts of statute 


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affected. The waiver is provided because the submission provided 

by the committee was insufficient to meet the standards established by the rule in its current form. The Committee on Rules continues to work with the House Office of Legislative Counsel and 

committees to determine the steps necessary to comply with the 

updated rule. 

Although the resolution waives all points of order against provisions in H.R. 2048, as amended, the Committee is not aware of any 

points of order. The waiver is prophylactic in nature. 

COMMITTEE VOTES

The results of each record vote on an amendment or motion to 

report, together with the names of those voting for and against, are 

printed below: 

Rules Committee record vote No. 42 

Motion by Ms. Slaughter to report three individual resolutions— 

one for each measure. Defeated: 3–8 

Majority Members Vote Minority Members Vote 

Ms. Foxx ............................................................ Nay Ms. Slaughter .................................................. Yea 

Mr. Cole ............................................................ Nay Mr. McGovern ................................................... Yea 

Mr. Woodall ...................................................... Nay Mr. Hastings of Florida ................................... Yea 

Mr. Burgess ...................................................... Nay Mr. Polis ...........................................................

Mr. Stivers ........................................................ Nay 

Mr. Collins ........................................................

Mr. Byrne .......................................................... Nay 

Mr. Newhouse ................................................... Nay 

Mr. Sessions, Chairman ................................... Nay 

Rules Committee record vote No. 43 

Motion by Mr. McGovern to report an open rule for H.R. 2048. 

Defeated: 3–8 

Majority Members Vote Minority Members Vote 

Ms. Foxx ............................................................ Nay Ms. Slaughter .................................................. Yea 

Mr. Cole ............................................................ Nay Mr. McGovern ................................................... Yea 

Mr. Woodall ...................................................... Nay Mr. Hastings of Florida ................................... Yea 

Mr. Burgess ...................................................... Nay Mr. Polis ...........................................................

Mr. Stivers ........................................................ Nay 

Mr. Collins ........................................................

Mr. Byrne .......................................................... Nay 

Mr. Newhouse ................................................... Nay 

Mr. Sessions, Chairman ................................... Nay 

Rules Committee record vote No. 44 

Motion by Ms. FOXX to report the rule. Adopted: 8–3 

Majority Members Vote Minority Members Vote 

Ms. Foxx ............................................................ Yea Ms. Slaughter .................................................. Nay 

Mr. Cole ............................................................ Yea Mr. McGovern ................................................... Nay 

Mr. Woodall ...................................................... Yea Mr. Hastings of Florida ................................... Nay 

Mr. Burgess ...................................................... Yea Mr. Polis ...........................................................

Mr. Stivers ........................................................ Yea 

Mr. Collins ........................................................

Mr. Byrne .......................................................... Yea 

Mr. Newhouse ................................................... Yea 

Mr. Sessions, Chairman ................................... Yea 


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SUMMARY OF THE AMENDMENT TO H.R. 36 IN PART A CONSIDERED AS

ADOPTED

1. Franks (AZ): Removes mandatory reporting to law enforcement for adult rape victims and instead requires the abortion provider to ensure the victim receives medical treatment or counseling 

for the rape at least 48 hours prior to the abortion. Additional provisions include: strengthening the provision of care for an unborn 

child if the child is born alive; empowering the woman with a civil 

right of action if the physician fails to comply; requiring an informed consent form; an annual report on abortions carried out 

after 20 weeks; and compliance with relevant state laws. 

SUMMARY OF THE AMENDMENT TO H.R. 2048 IN PART B CONSIDERED

AS ADOPTED

1. Goodlatte (VA): Makes technical corrections. 

PART A—TEXT OF AMENDMENT CONSIDERED AS ADOPTED

Strike all that follows after the enacting clause and insert the 

following: 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Pain-Capable Unborn Child Protection Act’’. 

SEC. 2. LEGISLATIVE FINDINGS AND DECLARATION OF CONSTITUTIONAL AUTHORITY FOR ENACTMENT. 

Congress finds and declares the following: 

(1) Pain receptors (nociceptors) are present throughout the 

unborn child’s entire body and nerves link these receptors to 

the brain’s thalamus and subcortical plate by no later than 20 

weeks after fertilization. 

(2) By 8 weeks after fertilization, the unborn child reacts to 

touch. After 20 weeks, the unborn child reacts to stimuli that 

would be recognized as painful if applied to an adult human, 

for example, by recoiling. 

(3) In the unborn child, application of such painful stimuli is 

associated with significant increases in stress hormones known 

as the stress response. 

(4) Subjection to such painful stimuli is associated with longterm harmful neurodevelopmental effects, such as altered pain 

sensitivity and, possibly, emotional, behavioral, and learning 

disabilities later in life. 

(5) For the purposes of surgery on unborn children, fetal anesthesia is routinely administered and is associated with a decrease in stress hormones compared to their level when painful 

stimuli are applied without such anesthesia. In the United 

States, surgery of this type is being performed by 20 weeks 

after fertilization and earlier in specialized units affiliated with 

children’s hospitals. 

(6) The position, asserted by some physicians, that the unborn child is incapable of experiencing pain until a point later 

in pregnancy than 20 weeks after fertilization predominately 

rests on the assumption that the ability to experience pain depends on the cerebral cortex and requires nerve connections 

between the thalamus and the cortex. However, recent medical 


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research and analysis, especially since 2007, provides strong 

evidence for the conclusion that a functioning cortex is not necessary to experience pain. 

(7) Substantial evidence indicates that children born missing 

the bulk of the cerebral cortex, those with hydranencephaly, 

nevertheless experience pain. 

(8) In adult humans and in animals, stimulation or ablation 

of the cerebral cortex does not alter pain perception, while 

stimulation or ablation of the thalamus does. 

(9) Substantial evidence indicates that structures used for 

pain processing in early development differ from those of 

adults, using different neural elements available at specific 

times during development, such as the subcortical plate, to fulfill the role of pain processing. 

(10) The position, asserted by some commentators, that the 

unborn child remains in a coma-like sleep state that precludes 

the unborn child experiencing pain is inconsistent with the 

documented reaction of unborn children to painful stimuli and 

with the experience of fetal surgeons who have found it necessary to sedate the unborn child with anesthesia to prevent 

the unborn child from engaging in vigorous movement in reaction to invasive surgery. 

(11) Consequently, there is substantial medical evidence that 

an unborn child is capable of experiencing pain at least by 20 

weeks after fertilization, if not earlier. 

(12) It is the purpose of the Congress to assert 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. 

(13) 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. 

(14) Congress has authority to extend protection to pain-capable unborn children under the Supreme Court’s Commerce 

Clause precedents and under the Constitution’s grants of powers to Congress under the Equal Protection, Due Process, and 

Enforcement Clauses of the Fourteenth Amendment. 

SEC. 3. PAIN-CAPABLE UNBORN CHILD PROTECTION. 

(a) IN GENERAL.—Chapter 74 of title 18, United States Code, is 

amended by inserting after section 1531 the following: 

‘‘SEC. 1532. PAIN-CAPABLE UNBORN CHILD PROTECTION. 

‘‘(a) UNLAWFUL CONDUCT.—Notwithstanding any other provision 

of law, it shall be unlawful for any person to perform an abortion 

or attempt to do so, unless in conformity with the requirements set 

forth in subsection (b). 

‘‘(b) REQUIREMENTS FOR ABORTIONS.— 

‘‘(1) ASSESSMENT OF THE AGE OF THE UNBORN CHILD.—The 

physician performing or attempting the abortion shall first 

make a determination of the probable post-fertilization age of 

the unborn child or reasonably rely upon such a determination 


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made by another physician. In making such a determination, 

the physician shall make such inquiries of the pregnant 

woman and perform or cause to be performed such medical examinations and tests as a reasonably prudent physician, 

knowledgeable about the case and the medical conditions involved, would consider necessary to make an accurate determination of post-fertilization age. 

‘‘(2) PROHIBITION ON PERFORMANCE OF CERTAIN ABORTIONS.— 

‘‘(A) GENERALLY FOR UNBORN CHILDREN 20 WEEKS OR

OLDER.—Except as provided in subparagraph (B), the abortion shall not be performed or attempted, if the probable 

post-fertilization age, as determined under paragraph (1), 

of the unborn child is 20 weeks or greater. 

‘‘(B) EXCEPTIONS.—Subparagraph (A) does not apply if— 

‘‘(i) 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; 

‘‘(ii) the pregnancy is the result of rape against an 

adult woman, and at least 48 hours prior to the abortion— 

‘‘(I) she has obtained counseling for the rape; or 

‘‘(II) she has obtained medical treatment for the 

rape or an injury related to the rape; or 

‘‘(iii) the pregnancy is a result of rape against a 

minor or incest against a minor, and the rape or incest 

has been reported at any time prior to the abortion to 

either— 

‘‘(I) a government agency legally authorized to 

act on reports of child abuse; or 

‘‘(II) a law enforcement agency. 

‘‘(C) REQUIREMENT AS TO MANNER OF PROCEDURE PERFORMED.—Notwithstanding the definitions of ‘abortion’ and 

‘attempt an abortion’ in this section, a physician terminating or attempting to terminate a pregnancy under an 

exception provided by subparagraph (B) may do so only in 

the manner which, in reasonable medical judgment, provides the best opportunity for the unborn child to survive. 

‘‘(D) REQUIREMENT THAT A PHYSICIAN TRAINED IN NEONATAL RESUSCITATION BE PRESENT.—If, in reasonable medical judgment, the pain-capable unborn child has the potential to survive outside the womb, the physician who 

performs or attempts an abortion under an exception provided by subparagraph (B) shall ensure a second physician 

trained in neonatal resuscitation is present and prepared 

to provide care to the child consistent with the requirements of subparagraph (E). 

‘‘(E) CHILDREN BORN ALIVE AFTER ATTEMPTED ABORTIONS.—When a physician performs or attempts an abortion in accordance with this section, and the child is born 

alive, as defined in section 8 of title 1 (commonly known 


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as the Born-Alive Infants Protection Act of 2002), the following shall apply: 

‘‘(i) DEGREE OF CARE REQUIRED.—Any health care 

practitioner present at the time shall humanely exercise the same degree of professional skill, care, and 

diligence to preserve the life and health of the child as 

a reasonably diligent and conscientious health care 

practitioner would render to a child born alive at the 

same gestational age in the course of a natural birth. 

‘‘(ii) IMMEDIATE ADMISSION TO A HOSPITAL.—Following the care required to be rendered under clause 

(i), the child born alive shall be immediately transported and admitted to a hospital. 

‘‘(iii) MANDATORY REPORTING OF VIOLATIONS.—A 

health care practitioner or any employee of a hospital, 

a physician’s office, or an abortion clinic who has 

knowledge of a failure to comply with the requirements of this subparagraph must immediately report 

the failure to an appropriate State or Federal law enforcement agency or both. 

‘‘(F) DOCUMENTATION REQUIREMENTS.— ‘‘(i) DOCUMENTATION PERTAINING TO ADULTS.—A 

physician who performs or attempts to perform an 

abortion under an exception provided by subparagraph 

(B)(ii) shall, prior to the abortion, place in the patient 

medical file documentation from a hospital licensed by 

the State or operated under authority of a Federal 

agency, a medical clinic licensed by the State or operated under authority of a Federal agency, from a personal physician licensed by the State, a counselor licensed by the State, or a victim’s rights advocate provided by a law enforcement agency that the adult 

woman seeking the abortion obtained medical treatment or counseling for the rape or an injury related to 

the rape. 

‘‘(ii) DOCUMENTATION PERTAINING TO MINORS.—A 

physician who performs or attempts to perform an 

abortion under an exception provided by subparagraph 

(B)(iii) shall, prior to the abortion, place in the patient 

medical file documentation from a government agency 

legally authorized to act on reports of child abuse that 

the rape or incest was reported prior to the abortion; 

or, as an alternative, documentation from a law enforcement agency that the rape or incest was reported 

prior to the abortion. 

‘‘(G) INFORMED CONSENT.— 

‘‘(i) CONSENT FORM REQUIRED.—The physician who 

intends to perform or attempt to perform an abortion 

under the provisions of subparagraph (B) may not perform any part of the abortion procedure without first 

obtaining a signed Informed Consent Authorization 

form in accordance with this subparagraph. 

‘‘(ii) CONTENT OF CONSENT FORM.—The Informed 

Consent Authorization form shall be presented in person by the physician and shall consist of— 


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‘‘(I) a statement by the physician indicating the 

probable post-fertilization age of the pain-capable 

unborn child; 

‘‘(II) a statement that Federal law allows abortion after 20 weeks fetal age only if the mother’s 

life is endangered by a physical disorder, physical 

illness, or physical injury, when the pregnancy 

was the result of rape, or an act of incest against 

a minor; 

‘‘(III) a statement that the abortion must be performed by the method most likely to allow the 

child to be born alive unless this would cause significant risk to the mother; 

‘‘(IV) a statement that in any case in which an 

abortion procedure results in a child born alive, 

Federal law requires that child to be given every 

form of medical assistance that is provided to children spontaneously born prematurely, including 

transportation and admittance to a hospital; 

‘‘(V) a statement that these requirements are 

binding upon the physician and all other medical 

personnel who are subject to criminal and civil 

penalties and that a woman on whom an abortion 

has been performed may take civil action if these 

requirements are not followed; and 

‘‘(VI) affirmation that each signer has filled out 

the informed consent form to the best of their 

knowledge and understands the information contained in the form. 

‘‘(iii) SIGNATORIES REQUIRED.—The Informed Consent Authorization form shall be signed in person by 

the woman seeking the abortion, the physician performing or attempting to perform the abortion, and a 

witness. 

‘‘(iv) RETENTION OF CONSENT FORM.—The physician 

performing or attempting to perform an abortion must 

retain the signed informed consent form in the patient’s medical file. 

‘‘(H) REQUIREMENT FOR DATA RETENTION.—Paragraph 

(j)(2) of section 164.530 of title 45, Code of Federal Regulations, shall apply to documentation required to be placed 

in a patient’s medical file pursuant to subparagraph (F) of 

subsection (b)(2) and a consent form required to be retained in a patient’s medical file pursuant to subparagraph 

(G) of such subsection in the same manner and to the 

same extent as such paragraph applies to documentation 

required by paragraph (j)(1) of such section. 

‘‘(I) ADDITIONAL EXCEPTIONS AND REQUIREMENTS.— 

‘‘(i) IN CASES OF RISK OF DEATH OR MAJOR INJURY TO

THE MOTHER.—Subparagraphs (C), (D), and (G) shall 

not apply if, in reasonable medical judgment, compliance with such paragraphs would pose a greater risk 

of— 

‘‘(I) the death of the pregnant woman; or 


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‘‘(II) the substantial and irreversible physical 

impairment of a major bodily function, not including psychological or emotional conditions, of the 

pregnant woman. 

‘‘(ii) EXCLUSION OF CERTAIN FACILITIES.—Notwithstanding the definitions of the terms ‘medical treatment’ and ‘counseling’ in subsection (g), the counseling 

or medical treatment described in subparagraph (B)(ii) 

may not be provided by a facility that performs abortions (unless that facility is a hospital). 

‘‘(iii) RULE OF CONSTRUCTION IN CASES OF REPORTS

TO LAW ENFORCEMENT.—The requirements of subparagraph (B)(ii) do not apply if the rape has been reported 

at any time prior to the abortion to a law enforcement 

agency or Department of Defense victim assistance 

personnel. 

‘‘(iv) COMPLIANCE WITH CERTAIN STATE LAWS.— 

‘‘(I) STATE LAWS REGARDING REPORTING OF RAPE

AND INCEST.—The physician who performs or attempts to perform an abortion under an exception 

provided by subparagraph (B) shall comply with 

such applicable State laws that are in effect as the 

State’s Attorney General may designate, regarding 

reporting requirements in cases of rape or incest. 

‘‘(II) STATE LAWS REGARDING PARENTAL INVOLVEMENT.—The physician who intends to perform an 

abortion on a minor under an exception provided 

by subparagraph (B) shall comply with any applicable State laws requiring parental involvement 

in a minor’s decision to have an abortion. 

‘‘(c) CRIMINAL PENALTY.—Whoever violates subsection (a) shall be 

fined under this title or imprisoned for not more than 5 years, or 

both. 

‘‘(d) BAR TO PROSECUTION.—A woman upon whom an abortion in 

violation of subsection (a) is performed or attempted may not be 

prosecuted under, or for a conspiracy to violate, subsection (a), or 

for an offense under section 2, 3, or 4 of this title based on such 

a violation. 

‘‘(e) CIVIL REMEDIES.— 

‘‘(1) CIVIL ACTION BY A WOMAN ON WHOM AN ABORTION IS

PERFORMED.—A woman upon whom an abortion has been performed or attempted in violation of any provision of this section may, in a civil action against any person who committed 

the violation, obtain appropriate relief. 

‘‘(2) CIVIL ACTION BY A PARENT OF A MINOR ON WHOM AN

ABORTION IS PERFORMED.—A parent of a minor upon whom an 

abortion has been performed or attempted under an exception 

provided for in subsection (b)(2)(B), and that was performed in 

violation of any provision of this section may, in a civil action 

against any person who committed the violation obtain appropriate relief, unless the pregnancy resulted from the plaintiff’s 

criminal conduct. 

‘‘(3) APPROPRIATE RELIEF.—Appropriate relief in a civil action 

under this subsection includes— 


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‘‘(A) objectively verifiable money damages for all injuries, 

psychological and physical, occasioned by the violation; 

‘‘(B) statutory damages equal to three times the cost of 

the abortion; and 

‘‘(C) punitive damages. 

‘‘(4) ATTORNEYS FEES FOR PLAINTIFF.—The court shall award 

a reasonable attorney’s fee as part of the costs to a prevailing 

plaintiff in a civil action under this subsection. 

‘‘(5) ATTORNEYS FEES FOR DEFENDANT.—If a defendant in a 

civil action under this subsection prevails and the court finds 

that the plaintiff’s suit was frivolous, the court shall award a 

reasonable attorney’s fee in favor of the defendant against the 

plaintiff. 

‘‘(6) AWARDS AGAINST WOMAN.—Except under paragraph (5), 

in a civil action under this subsection, no damages, attorney’s 

fee or other monetary relief may be assessed against the 

woman upon whom the abortion was performed or attempted. 

‘‘(f) DATA COLLECTION.— ‘‘(1) DATA SUBMISSIONS.—Any physician who performs or attempts an abortion described in subsection (b)(2)(B) shall annually submit a summary of all such abortions to the National 

Center for Health Statistics (hereinafter referred to as the 

‘Center’) not later than 60 days after the end of the calendar 

year in which the abortion was performed or attempted. 

‘‘(2) CONTENTS OF SUMMARY.—The summary shall include 

the number of abortions performed or attempted on an unborn 

child who had a post-fertilization age of 20 weeks or more and 

specify the following for each abortion under subsection 

(b)(2)(B): 

‘‘(A) the probable post-fertilization age of the unborn 

child; 

‘‘(B) the method used to carry out the abortion; 

‘‘(C) the location where the abortion was conducted; 

‘‘(D) the exception under subsection (b)(2)(B) under 

which the abortion was conducted; and 

‘‘(E) any incident of live birth resulting from the abortion. 

‘‘(3) EXCLUSIONS FROM DATA SUBMISSIONS.—A summary required under this subsection shall not contain any information 

identifying the woman whose pregnancy was terminated and 

shall be submitted consistent with the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. 1320d-2 note). 

‘‘(4) PUBLIC REPORT.—The Center shall annually issue a public report providing statistics by State for the previous year 

compiled from all of the summaries made to the Center under 

this subsection. The Center shall take care to ensure that none 

of the information included in the public reports could reasonably lead to the identification of any pregnant woman upon 

whom an abortion was performed or attempted. The annual report shall be issued by July 1 of the calendar year following 

the year in which the abortions were performed or attempted. 

‘‘(g) DEFINITIONS.—In this section the following definitions apply: 

‘‘(1) ABORTION.—The term ‘abortion’ means the use or prescription of any instrument, medicine, drug, or any other substance or device— 


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‘‘(A) to intentionally kill the unborn child of a woman 

known to be pregnant; or 

‘‘(B) to intentionally terminate the pregnancy of a 

woman known to be pregnant, with an intention other 

than— 

‘‘(i) after viability to produce a live birth and preserve the life and health of the child born alive; or 

‘‘(ii) to remove a dead unborn child. 

‘‘(2) ATTEMPT.—The term ‘attempt’, with respect to an abortion, means conduct that, under the circumstances as the actor 

believes them to be, constitutes a substantial step in a course 

of conduct planned to culminate in performing an abortion. 

‘‘(3) COUNSELING.—The term ‘counseling’ means counseling 

provided by a counselor licensed by the State, or a victims 

rights advocate provided by a law enforcement agency. 

‘‘(4) FACILITY.—The term ‘facility’ means any medical or 

counseling group, center or clinic and includes the entire legal 

entity, including any entity that controls, is controlled by, or 

is under common control with such facility. 

‘‘(5) FERTILIZATION.—The term ‘fertilization’ means the fusion of human spermatozoon with a human ovum. 

‘‘(6) MEDICAL TREATMENT.—The term ‘medical treatment’ 

means treatment provided at a hospital licensed by the State 

or operated under authority of a Federal agency, at a medical 

clinic licensed by the State or operated under authority of a 

Federal agency, or from a personal physician licensed by the 

State. 

‘‘(7) MINOR.—The term ‘minor’ means an individual who has 

not attained the age of 18 years. 

‘‘(8) PERFORM.—The term ‘perform’, with respect to an abortion, includes inducing an abortion through a medical or chemical intervention including writing a prescription for a drug or 

device intended to result in an abortion. 

‘‘(9) PHYSICIAN.—The term ‘physician’ means a person licensed to practice medicine and surgery or osteopathic medicine and surgery, or otherwise legally authorized to perform an 

abortion. 

‘‘(10) POST-FERTILIZATION AGE.—The term ‘post-fertilization 

age’ means the age of the unborn child as calculated from the 

fusion of a human spermatozoon with a human ovum. 

‘‘(11) PROBABLE POST-FERTILIZATION AGE OF THE UNBORN

CHILD.—The term ‘probable post-fertilization age of the unborn 

child’ means what, in reasonable medical judgment, will with 

reasonable probability be the post-fertilization age of the unborn child at the time the abortion is planned to be performed 

or induced. 

‘‘(12) REASONABLE MEDICAL JUDGMENT.—The term ‘reasonable medical judgment’ means a medical judgment that would 

be made by a reasonably prudent physician, knowledgeable 

about the case and the treatment possibilities with respect to 

the medical conditions involved. 

‘‘(13) UNBORN CHILD.—The term ‘unborn child’ means an individual organism of the species homo sapiens, beginning at 

fertilization, until the point of being born alive as defined in 

section 8(b) of title 1. 


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‘‘(14) WOMAN.—The term ‘woman’ means a female human 

being whether or not she has reached the age of majority.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 74 of title 18, United States Code, is amended by 

adding at the end the following new item: 

‘‘1532. Pain-capable unborn child protection.’’. 

(c) CHAPTER HEADING AMENDMENTS.— (1) CHAPTER HEADING IN CHAPTER.—The chapter heading for 

chapter 74 of title 18, United States Code, is amended by striking ‘‘Partial-Birth Abortions’’ and inserting ‘‘Abortions’’ 

(2) TABLE OF CHAPTERS FOR PART I.—The item relating to 

chapter 74 in the table of chapters at the beginning of part I 

of title 18, United States Code, is amended by striking ‘‘Partial-Birth Abortions’’ and inserting ‘‘Abortions’’. 

PART B—TEXT OF AMENDMENT CONSIDERED AS ADOPTED

Page 30, line 24, strike ‘‘subsection’’ and insert ‘‘subsections’’. 

Page 33, line 20, strike ‘‘paragraph (2)(A)’’ and insert ‘‘paragraph 

(2)’’. 

Page 33, line 22, strike ‘‘all relevant’’ and insert ‘‘any’’. 

Page 33, line 23, strike ‘‘and any’’. 

Page 34, line 11, strike ‘‘amicus curiae’’ and insert ‘‘individuals’’. 

Page 35, line 16, after ‘‘individual’’ insert ‘‘designated to serve as 

amicus curiae under paragraph (1) or’’. 

Page 89, after line 17, insert the following new subsection: 

(c) CONFORMING AMENDMENT.—Section 102(b)(1) of the USA PATRIOT Improvement and Reauthorization Act of 2005 (50 U.S.C. 

1805 note), as amended by subsection (a), is further amended by 

striking ‘‘sections 501, 502, and’’ and inserting ‘‘title V and section’’. 

Page 91, line 3, before the colon insert ‘‘the following’’. 

Page 119, line 10, insert ‘‘paragraphs’’ before ‘‘(4)’’. 

Page 121, line 5, before the colon insert ‘‘the following’’. 

Æ 


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