II 

117TH CONGRESS 

2D SESSION S. 4840 

To amend title 18, United States Code, to protect pain-capable unborn 

children, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 13, 2022 

Mr. GRAHAM (for himself, Mr. DAINES, and Mr. RUBIO) introduced the following bill; which was read twice and referred to the Committee on the 

Judiciary 

A BILL 

To amend title 18, United States Code, to protect paincapable unborn children, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Protecting Pain-Capa5 ble Unborn Children from Late-Term Abortions Act’’. 

6 SEC. 2. LEGISLATIVE FINDINGS AND DECLARATION OF 

7 CONSTITUTIONAL AUTHORITY FOR ENACT8 MENT. 

9 Congress finds and declares the following: 


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1 (1) Medical and other authorities now know 

2 more about human prenatal development than ever 

3 before, including that— 

4 (A) an unborn child first moves about in 

5 the womb and first reacts to touch at approxi6 mately 8 weeks gestation; 

7 (B) the eyes begin to form at 5 weeks ges8 tation and finish forming by 10 weeks gesta9 tion; 

10 (C) eye movements can be detected by 

11 ultrasound at 12 weeks gestation; 

12 (D) by 8 to 9 weeks gestation, an unborn 

13 child has detectable brain waves; 

14 (E) at 9 weeks gestation— 

15 (i) an unborn child’s diaphragm is de16 veloping, and he or she may even hiccup; 

17 and 

18 (ii) an unborn child is beginning to 

19 move about freely in the womb; 

20 (F) by 9 to 11 weeks gestation, teeth as 

21 well as external genitalia begin to form; 

22 (G) by 10 weeks gestation— 

23 (i) all of an unborn child’s organ rudi24 ments are formed and in place; 


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1 (ii) the digestive system and kidneys 

2 start to function; and 

3 (iii) an unborn child will show a pref4 erence for either right-handedness or left5 handedness; and 

6 (H) at 12 weeks gestation— 

7 (i) an unborn child can open and close 

8 his or her fingers, starts to make sucking 

9 motions, and senses stimulation from the 

10 world outside the womb; and 

11 (ii) fingernails and fingerprints begin 

12 to form. 

13 (2) The Supreme Court of the United States 

14 has acknowledged that, by at least 12 weeks gesta15 tion, an unborn child has taken on ‘‘the human 

16 form’’ in all relevant aspects. Gonzales v. Carhart, 

17 550 U.S. 124, 160 (2007). 

18 (3) Pain receptors (also known as 

19 ‘‘nociceptors’’) begin forming at 7 weeks gestational 

20 age. Nerves linking these pain receptors to the 

21 brain’s thalamus and subcortical plate form between 

22 12 and 20 weeks gestational age. At no later than 

23 16 weeks gestational age, the first contact occurs be24 tween the subcortical plate and these forming fibers. 


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1 (4) In considering the use of anesthesia for 

2 invasive medical procedures performed on the fetus, 

3 doctors have concluded, based on the evidence, that 

4 from as early as 12 weeks gestational age, and cer5 tainly by 15 weeks gestational age, the fetus is ex6 tremely sensitive to painful stimuli, making it nec7 essary to apply adequate analgesia and anesthesia to 

8 prevent fetal suffering. 

9 (5) Substantial evidence indicates that neural 

10 elements, such as the thalamus and subcortical 

11 plate, which develop at specific times during the 

12 early development of an unborn child, serve as pain13 processing structures, and are different from the 

14 neural elements used for pain processing by adults. 

15 Recent evidence, particularly since 2016, dem16 onstrates that structures responsible for pain show 

17 signs of sufficient maturation beginning at 15 weeks 

18 of gestation. 

19 (6) In an unborn child, application of painful 

20 stimuli is associated with significant increases in 

21 stress hormones known as the stress response. 

22 (7) Subjection to painful stimuli is associated 

23 with long-term harmful neurodevelopmental effects, 

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1 tional, behavioral, and learning disabilities later in 

2 life. 

3 (8) For the purposes of surgery on unborn chil4 dren, fetal anesthesia is routinely administered and 

5 is associated with a decrease in stress hormones 

6 compared to their level when painful stimuli are ap7 plied without such anesthesia. 

8 (9) The assertion by some medical experts that 

9 an unborn child is incapable of experiencing pain 

10 until a point in pregnancy later than 24 weeks ges11 tational age predominately rests on the assumption 

12 that the ability to experience pain depends on the 

13 cerebral cortex and requires nerve connections be14 tween the thalamus and the cortex. However, recent 

15 medical research and analysis, especially since 2007, 

16 provide strong evidence for the conclusion that a 

17 functioning cortex is not necessary to experience 

18 pain. 

19 (10) Substantial evidence indicates that chil20 dren born missing the bulk of the cerebral cortex, 

21 such as those with hydranencephaly, nevertheless ex22 perience pain. 

23 (11) In adult humans and in animals, stimula24 tion or ablation of the cerebral cortex does not alter 


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1 pain perception, while stimulation or ablation of the 

2 thalamus does. 

3 (12) The assertion of some medical experts that 

4 an unborn child remains in a coma-like sleep state 

5 that precludes an unborn child from experiencing 

6 pain is inconsistent with the documented reaction of 

7 unborn children to painful stimuli and with the expe8 rience of fetal surgeons who have found it necessary 

9 to sedate an unborn child with anesthesia and pro10 vide analgesia to prevent an unborn child from en11 gaging in vigorous movement in reaction to invasive 

12 surgery. 

13 (13) Consequently, there is substantial medical 

14 evidence that an unborn child is capable of experi15 encing pain at least by 15 weeks gestational age, if 

16 not earlier. 

17 (14) Abortion carries significant physical and 

18 psychological risks to the pregnant woman, and 

19 these physical and psychological risks increase with 

20 gestational age. 

21 (15) The majority of abortion procedures per22 formed after 15 weeks gestation are dismemberment 

23 abortion procedures which involve the use of surgical 

24 instruments to crush and tear an unborn child apart 


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1 before removing the pieces of the dead child from 

2 the womb. 

3 (16) Medical complications from dismember4 ment abortions include pelvic infection, incomplete 

5 abortions (retained tissue), blood clots, heavy bleed6 ing or hemorrhage, laceration, tear, or other injury 

7 to the cervix, puncture, laceration, tear, or other in8 jury to the uterus, injury to the bowel or bladder, 

9 depression, anxiety, substance abuse, and other emo10 tional or psychological problems. Further, in abor11 tions performed after 15 weeks gestation, there is a 

12 higher risk of requiring a hysterectomy, other repar13 ative surgery, or a blood transfusion. 

14 (17) In subparagraphs (J) and (K) of section 

15 2(14) of the Partial-Birth Abortion Ban Act of 2003 

16 (Public Law 108–105; 117 Stat. 1201), Congress 

17 found and declared that late-term abortion, such as 

18 a dismemberment abortion, ‘‘confuses the medical, 

19 legal, and ethical duties of physicians to preserve 

20 and promote life, as the physician acts directly 

21 against the physical life of a child’’ and ‘‘undermines 

22 the public’s perception of the appropriate role of a 

23 physician’’. 

24 (18) ‘‘The [Supreme] Court has given state and 

25 federal legislatures wide discretion to pass legislation 


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1 in areas where there is medical and scientific uncer2 tainty.’’ Gonzales v. Carhart, 550 U.S. at 163. ‘‘The 

3 law need not give abortion doctors unfettered choice 

4 in the course of their medical practice, nor should it 

5 elevate their status above other physicians in the 

6 medical community.’’ Gonzales v. Carhart, 550 U.S. 

7 at 163. ‘‘Medical uncertainty does not foreclose the 

8 exercise of legislative power in the abortion context 

9 any more than it does in other contexts.’’ Gonzales 

10 v. Carhart, 550 U.S. at 164. 

11 (19) The Supreme Court has held that ‘‘[i]t is 

12 time to heed the Constitution and return the issue 

13 of abortion to the people’s elected representatives.’’ 

14 Dobbs v. Jackson Women’s Health Organization, 

15 142 S. Ct. 2228, 2243 (2022). 

16 (20) The Supreme Court has also held that 

17 ‘‘[a] law regulating abortion, like other health and 

18 welfare laws, is entitled to a ‘strong presumption of 

19 validity.’ . . . It must be sustained if there is a ra20 tional basis on which the legislature could have 

21 thought that it would serve legitimate state inter22 ests. . . . These legitimate interests include respect 

23 for and preservation of prenatal life at all stages of 

24 development . . . ; the protection of maternal health 

25 and safety; the elimination of particularly gruesome 


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1 or barbaric medical procedures; the preservation of 

2 the integrity of the medical profession; the mitiga3 tion of fetal pain; and the prevention of discrimina4 tion on the basis of race, sex, or disability.’’ Dobbs 

5 v. Jackson Women’s Health Organization, 142 S. 

6 Ct. at 2239. 

7 (21) It is the purpose of Congress to assert a 

8 legitimate governmental interest in protecting the 

9 lives of unborn children from the stage at which sub10 stantial medical evidence indicates that they are ca11 pable of feeling pain. 

12 (22) Congress has authority to extend protec13 tion to pain-capable unborn children under— 

14 (A) the Commerce Clause of section 8 of 

15 article I of the Constitution of the United 

16 States, as interpreted by the Supreme Court; 

17 and 

18 (B) the Equal Protection and Due Process 

19 Clauses of section 1, and the Enforcement 

20 Clause of section 5, of the 14th Amendment to 

21 the Constitution. 


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1 SEC. 3. FEDERAL MINIMUM PROTECTIONS FOR PAIN-CAPA2 BLE UNBORN CHILDREN. 

3 (a) IN GENERAL.—Chapter 74 of title 18, United 

4 States Code, is amended by inserting after section 1531 

5 the following: 

6 ‘‘§ 1532. Federal minimum protections for pain-capa7 ble unborn children 

8 ‘‘(a) UNLAWFUL CONDUCT.—Subject to subsection 

9 (g) and notwithstanding any other provision of law, it shall 

10 be unlawful for any person to perform an abortion or at11 tempt to do so, unless in conformity with the requirements 

12 set forth in subsection (b). 

13 ‘‘(b) MINIMUM REQUIREMENTS FOR ABORTIONS.— 

14 ‘‘(1) ASSESSMENT OF THE AGE OF THE UN15 BORN CHILD.—The physician performing or at16 tempting the abortion shall first make a determina17 tion of the probable gestational age of the unborn 

18 child or reasonably rely upon such a determination 

19 made by another physician. In making such a deter20 mination, the physician shall make such inquiries of 

21 the pregnant woman and perform or cause to be per22 formed such medical examinations and tests as a 

23 reasonably prudent physician, knowledgeable about 

24 the case and the medical conditions involved, would 

25 consider necessary to make an accurate determina26 tion of gestational age. 


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1 ‘‘(2) PROHIBITION ON PERFORMANCE OF CER2 TAIN ABORTIONS.— 

3 ‘‘(A) GENERALLY FOR UNBORN CHILDREN

4 15 WEEKS OR OLDER.—Except as provided in 

5 subparagraph (B), the abortion shall not be 

6 performed or attempted, if the probable gesta7 tional age, as determined under paragraph (1), 

8 of the unborn child is 15 weeks or greater. 

9 ‘‘(B) EXCEPTIONS.—Subparagraph (A) 

10 does not apply if— 

11 ‘‘(i) in reasonable medical judgment, 

12 the abortion is necessary to save the life of 

13 a pregnant woman whose life is endan14 gered by a physical disorder, physical ill15 ness, or physical injury, including a life-en16 dangering physical condition caused by or 

17 arising from the pregnancy itself, but not 

18 including psychological or emotional condi19 tions; 

20 ‘‘(ii) the pregnancy is the result of 

21 rape against an adult woman, and at least 

22 48 hours prior to the abortion— 

23 ‘‘(I) she has obtained counseling 

24 for the rape; or 


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1 ‘‘(II) she has obtained medical 

2 treatment for the rape or an injury 

3 related to the rape; or 

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

5 against a minor or incest against a minor, 

6 and the rape or incest has been reported at 

7 any time prior to the abortion to either— 

8 ‘‘(I) a government agency legally 

9 authorized to act on reports of child 

10 abuse; or 

11 ‘‘(II) a law enforcement agency. 

12 ‘‘(C) REQUIREMENT AS TO MANNER OF

13 PROCEDURE PERFORMED.—Notwithstanding 

14 the definitions of ‘abortion’ and ‘attempt’ in 

15 this section, a physician terminating or at16 tempting to terminate a pregnancy under an ex17 ception provided by subparagraph (B) may do 

18 so only in the manner which, in reasonable 

19 medical judgment, provides the best opportunity 

20 for the unborn child to survive. 

21 ‘‘(D) REQUIREMENT THAT A PHYSICIAN

22 TRAINED IN NEONATAL RESUSCITATION BE

23 PRESENT.—If, in reasonable medical judgment, 

24 the pain-capable unborn child has the potential 

25 to survive outside the womb, the physician who 


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1 performs or attempts an abortion under an ex2 ception provided by subparagraph (B) shall en3 sure a second physician trained in neonatal re4 suscitation is present and prepared to provide 

5 care to the child consistent with the require6 ments of subparagraph (E). 

7 ‘‘(E) CHILDREN BORN ALIVE AFTER AT8 TEMPTED ABORTIONS.—When a physician per9 forms or attempts an abortion in accordance 

10 with this section, and the child is born alive, as 

11 defined in section 8 of title 1 (commonly known 

12 as the ‘Born-Alive Infants Protection Act of 

13 2002’), the following shall apply: 

14 ‘‘(i) DEGREE OF CARE REQUIRED.— 

15 Any health care practitioner present at the 

16 time shall humanely exercise the same de17 gree of professional skill, care, and dili18 gence to preserve the life and health of the 

19 child as a reasonably diligent and conscien20 tious health care practitioner would render 

21 to a child born alive at the same gesta22 tional age in the course of a natural birth. 

23 ‘‘(ii) IMMEDIATE ADMISSION TO A

24 HOSPITAL.—Following the care required to 

25 be rendered under clause (i), the child born 


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1 alive shall be immediately transported and 

2 admitted to a hospital. 

3 ‘‘(iii) MANDATORY REPORTING OF

4 VIOLATIONS.—A health care practitioner or 

5 any employee of a hospital, a physician’s 

6 office, or an abortion clinic who has knowl7 edge of a failure to comply with the re8 quirements of this subparagraph must im9 mediately report the failure to an appro10 priate State or Federal law enforcement 

11 agency or both. 

12 ‘‘(F) DOCUMENTATION REQUIREMENTS.— 

13 ‘‘(i) DOCUMENTATION PERTAINING TO

14 ADULTS.—A physician who performs or at15 tempts to perform an abortion under an 

16 exception provided by subparagraph (B)(ii) 

17 shall, prior to the abortion, place in the pa18 tient medical file documentation from a 

19 hospital licensed by the State or operated 

20 under authority of a Federal agency, a 

21 medical clinic licensed by the State or op22 erated under authority of a Federal agen23 cy, from a personal physician licensed by 

24 the State, a counselor licensed by the 

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1 vided by a law enforcement agency that the 

2 adult woman seeking the abortion obtained 

3 medical treatment or counseling for the 

4 rape or an injury related to the rape. 

5 ‘‘(ii) DOCUMENTATION PERTAINING

6 TO MINORS.—A physician who performs or 

7 attempts to perform an abortion under an 

8 exception provided by subparagraph 

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

10 the patient medical file— 

11 ‘‘(I) documentation from a gov12 ernment agency legally authorized to 

13 act on reports of child abuse that the 

14 rape or incest was reported prior to 

15 the abortion; or 

16 ‘‘(II) as an alternative, docu17 mentation from a law enforcement 

18 agency that the rape or incest was re19 ported prior to the abortion. 

20 ‘‘(G) INFORMED CONSENT.— 

21 ‘‘(i) CONSENT FORM REQUIRED.—The 

22 physician who intends to perform or at23 tempt to perform an abortion under the 

24 provisions of subparagraph (B) may not 

25 perform any part of the abortion procedure 


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1 without first obtaining a signed Informed 

2 Consent Authorization form in accordance 

3 with this subparagraph. 

4 ‘‘(ii) CONTENT OF CONSENT FORM.— 

5 The Informed Consent Authorization form 

6 shall be presented in person by the physi7 cian and shall consist of— 

8 ‘‘(I) a statement by the physician 

9 indicating the probable gestational age 

10 of the pain-capable unborn child; 

11 ‘‘(II) a statement that Federal 

12 law allows abortion after 15 weeks 

13 probable gestational age only if— 

14 ‘‘(aa) the mother’s life is en15 dangered by a physical disorder, 

16 physical illness, or physical in17 jury; or 

18 ‘‘(bb) the pregnancy was the 

19 result of— 

20 ‘‘(AA) rape; or 

21 ‘‘(BB) an act of incest 

22 against a minor; 

23 ‘‘(III) a statement that the preg24 nancy must be terminated by the 

25 method most likely to allow the child 


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1 to be born alive unless this would 

2 cause significant risk to the mother; 

3 ‘‘(IV) a statement that in any 

4 case in which an abortion procedure 

5 results in a child born alive, Federal 

6 law requires that child to be given 

7 every form of medical assistance that 

8 is provided to children spontaneously 

9 born prematurely, including transpor10 tation and admittance to a hospital; 

11 ‘‘(V) a statement that these re12 quirements are binding upon the phy13 sician and all other medical personnel 

14 who are subject to criminal and civil 

15 penalties and that a woman on whom 

16 an abortion has been performed may 

17 take civil action if these requirements 

18 are not followed; and 

19 ‘‘(VI) affirmation that each sign20 er has filled out the informed consent 

21 form to the best of their knowledge 

22 and understands the information con23 tained in the form. 

24 ‘‘(iii) SIGNATORIES REQUIRED.—The 

25 Informed Consent Authorization form shall 


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1 be signed in person by the woman seeking 

2 the abortion, the physician performing or 

3 attempting to perform the abortion, and a 

4 witness. 

5 ‘‘(iv) RETENTION OF CONSENT

6 FORM.—The physician performing or at7 tempting to perform an abortion must re8 tain the signed informed consent form in 

9 the patient’s medical file. 

10 ‘‘(H) REQUIREMENT FOR DATA RETEN11 TION.—Paragraph (j)(2) of section 164.530 of 

12 title 45, Code of Federal Regulations, shall 

13 apply to documentation required to be placed in 

14 a patient’s medical file pursuant to subpara15 graph (F) of subsection (b)(2) and a consent 

16 form required to be retained in a patient’s med17 ical file pursuant to subparagraph (G) of such 

18 subsection in the same manner and to the same 

19 extent as such paragraph applies to documenta20 tion required by paragraph (j)(1) of such sec21 tion. 

22 ‘‘(I) ADDITIONAL EXCEPTIONS AND RE23 QUIREMENTS.— 

24 ‘‘(i) IN CASES OF RISK OF DEATH OR

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1 paragraphs (C), (D), and (G) shall not 

2 apply if, in reasonable medical judgment, 

3 compliance with such paragraphs would 

4 pose a greater risk of— 

5 ‘‘(I) the death of the pregnant 

6 woman; or 

7 ‘‘(II) the substantial and irre8 versible physical impairment of a 

9 major bodily function, not including 

10 psychological or emotional conditions, 

11 of the pregnant woman. 

12 ‘‘(ii) EXCLUSION OF CERTAIN FACILI13 TIES.—Notwithstanding the definitions of 

14 the terms ‘medical treatment’ and ‘coun15 seling’ in subsection (g), the counseling or 

16 medical treatment described in subpara17 graph (B)(ii) may not be provided by a fa18 cility that performs abortions (unless that 

19 facility is a hospital). 

20 ‘‘(iii) RULE OF CONSTRUCTION IN

21 CASES OF REPORTS TO LAW ENFORCE22 MENT.—The requirements of subparagraph 

23 (B)(ii) do not apply if the rape has been 

24 reported at any time prior to the abortion 

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1 ment of Defense victim assistance per2 sonnel. 

3 ‘‘(c) CRIMINAL PENALTY.—Whoever violates sub4 section (a) shall be fined under this title or imprisoned 

5 for not more than 5 years, or both. 

6 ‘‘(d) BAR TO PROSECUTION.—A woman upon whom 

7 an abortion in violation of subsection (a) is performed or 

8 attempted may not be prosecuted under, or for a con9 spiracy to violate, subsection (a), or for an offense under 

10 section 2, 3, or 4 of this title based on such a violation. 

11 ‘‘(e) CIVIL REMEDIES.— 

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

13 ABORTION IS PERFORMED.—A woman upon whom 

14 an abortion has been performed or attempted in vio15 lation of any provision of this section may, in a civil 

16 action against any person who committed the viola17 tion, obtain appropriate relief. 

18 ‘‘(2) CIVIL ACTION BY A PARENT OF A MINOR

19 ON WHOM AN ABORTION IS PERFORMED.—A parent 

20 of a minor upon whom an abortion has been per21 formed or attempted under an exception provided for 

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

23 violation of any provision of this section may, in a 

24 civil action against any person who committed the 


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1 violation obtain appropriate relief, unless the preg2 nancy resulted from the plaintiff’s criminal conduct. 

3 ‘‘(3) APPROPRIATE RELIEF.—Appropriate relief 

4 in a civil action under this subsection includes— 

5 ‘‘(A) objectively verifiable money damages 

6 for all injuries, psychological and physical, occa7 sioned by the violation; 

8 ‘‘(B) statutory damages equal to 3 times 

9 the cost of the abortion; and 

10 ‘‘(C) punitive damages. 

11 ‘‘(4) ATTORNEYS FEES FOR PLAINTIFF.—The 

12 court shall award a reasonable attorney’s fee as part 

13 of the costs to a prevailing plaintiff in a civil action 

14 under this subsection. 

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

16 defendant in a civil action under this subsection pre17 vails and the court finds that the plaintiff’s suit was 

18 frivolous, the court shall award a reasonable attor19 ney’s fee in favor of the defendant against the plain20 tiff. 

21 ‘‘(6) AWARDS AGAINST WOMAN.—Except as 

22 provided in paragraph (5), in a civil action under 

23 this subsection, no damages, attorney’s fee or other 

24 monetary relief may be assessed against the woman 


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1 upon whom the abortion was performed or at2 tempted. 

3 ‘‘(f) DATA COLLECTION.— 

4 ‘‘(1) DATA SUBMISSIONS.—Any physician who 

5 performs or attempts an abortion described in sub6 section (b)(2)(B) shall annually submit a summary 

7 of all such abortions to the National Center for 

8 Health Statistics (in this subsection referred to as 

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

10 the calendar year in which the abortion was per11 formed or attempted. 

12 ‘‘(2) CONTENTS OF SUMMARY.—The summary 

13 shall include the number of abortions performed or 

14 attempted on an unborn child who had a gestational 

15 age of 15 weeks or more and specify the following 

16 for each abortion under subsection (b)(2)(B): 

17 ‘‘(A) The probable gestational age of the 

18 unborn child. 

19 ‘‘(B) The method used to carry out the 

20 abortion. 

21 ‘‘(C) The location where the abortion was 

22 conducted. 

23 ‘‘(D) The exception under subsection 

24 (b)(2)(B) under which the abortion was con25 ducted. 


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1 ‘‘(E) Any incident of live birth resulting 

2 from the abortion. 

3 ‘‘(3) EXCLUSIONS FROM DATA SUBMISSIONS.— 

4 A summary required under this subsection shall not 

5 contain any information identifying the woman 

6 whose pregnancy was terminated and shall be sub7 mitted consistent with the Health Insurance Port8 ability and Accountability Act of 1996 (42 U.S.C. 

9 1320d–2 note). 

10 ‘‘(4) PUBLIC REPORT.—The Center shall annu11 ally issue a public report providing statistics by 

12 State for the previous year compiled from all of the 

13 summaries made to the Center under this sub14 section. The Center shall take care to ensure that 

15 none of the information included in the public re16 ports could reasonably lead to the identification of 

17 any pregnant woman upon whom an abortion was 

18 performed or attempted. The annual report shall be 

19 issued by July 1 of the calendar year following the 

20 year in which the abortions were performed or at21 tempted. 

22 ‘‘(g) RULES OF CONSTRUCTION.— 

23 ‘‘(1) GREATER PROTECTION.—Nothing in this 

24 section may be construed to preempt or limit any 

25 Federal, State, or local law that provides greater 


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1 protections for an unborn child than those provided 

2 in this section. 

3 ‘‘(2) CREATING OR RECOGNIZING RIGHT.— 

4 Nothing in this section shall be construed to— 

5 ‘‘(A) create or recognize a right to abor6 tion; or 

7 ‘‘(B) make lawful an abortion that is un8 lawful on the date of enactment of this section. 

9 ‘‘(h) DEFINITIONS.—In this section the following 

10 definitions apply: 

11 ‘‘(1) ABORTION.—The term ‘abortion’ means 

12 the use or prescription of any instrument, medicine, 

13 drug, or any other substance or device— 

14 ‘‘(A) to intentionally kill the unborn child 

15 of a woman known to be pregnant; or 

16 ‘‘(B) to intentionally terminate the preg17 nancy of a woman known to be pregnant, with 

18 an intention other than— 

19 ‘‘(i) after viability, to produce a live 

20 birth and preserve the life and health of 

21 the child born alive; or 

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

23 ‘‘(2) ATTEMPT.—The term ‘attempt’, with re24 spect to an abortion, means conduct that, under the 

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1 stitutes a substantial step in a course of conduct 

2 planned to culminate in performing an abortion. 

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

4 means counseling provided by a counselor licensed 

5 by the State, or a victims rights advocate provided 

6 by a law enforcement agency. 

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

8 medical or counseling group, center or clinic and in9 cludes the entire legal entity, including any entity 

10 that controls, is controlled by, or is under common 

11 control with such facility. 

12 ‘‘(5) FERTILIZATION.—The term ‘fertilization’ 

13 means the fusion of a human spermatozoon with a 

14 human ovum. 

15 ‘‘(6) GESTATIONAL AGE.—The term ‘gesta16 tional age’, with respect to an unborn child, means 

17 the age of the unborn child calculated from the first 

18 day of the pregnant woman’s last menstrual period. 

19 ‘‘(7) MEDICAL TREATMENT.—The term ‘med20 ical treatment’ means treatment provided at a hos21 pital licensed by the State or operated under author22 ity of a Federal agency, at a medical clinic licensed 

23 by the State or operated under authority of a Fed24 eral agency, or from a personal physician licensed by 

25 the State. 


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1 ‘‘(8) MINOR.—The term ‘minor’ means an indi2 vidual who has not attained the age of 18 years. 

3 ‘‘(9) PERFORM.—The term ‘perform’, with re4 spect to an abortion, includes inducing an abortion 

5 through a medical or chemical intervention, includ6 ing writing a prescription for a drug or device in7 tended to result in an abortion. 

8 ‘‘(10) PHYSICIAN.—The term ‘physician’ means 

9 a person licensed to practice medicine and surgery 

10 or osteopathic medicine and surgery, or otherwise le11 gally authorized to perform an abortion. 

12 ‘‘(11) PROBABLE GESTATIONAL AGE OF THE

13 UNBORN CHILD.—The term ‘probable gestational 

14 age of the unborn child’ means what, in reasonable 

15 medical judgment, will with reasonable probability be 

16 the gestational age at the time the abortion is per17 formed or induced. 

18 ‘‘(12) REASONABLE MEDICAL JUDGMENT.—The 

19 term ‘reasonable medical judgment’ means a medical 

20 judgment that would be made by a reasonably pru21 dent physician in the field of obstetrics, maternal 

22 fetal medicine, or neonatology who is knowledgeable 

23 about the case and the treatment possibilities with 

24 respect to the medical conditions involved. 


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1 ‘‘(13) STATE.—The term ‘State’ means any of 

2 the several States, the District of Columbia, or any 

3 territory or possession of the United States. 

4 ‘‘(14) UNBORN CHILD.—The term ‘unborn 

5 child’ means an individual organism of the species 

6 homo sapiens, beginning at fertilization, until the 

7 point of being born alive as defined in section 8(b) 

8 of title 1. 

9 ‘‘(15) WOMAN.—The term ‘woman’ means a fe10 male human being whether or not she has reached 

11 the age of majority.’’. 

12 (b) CLERICAL AMENDMENT.—The table of sections 

13 at the beginning of chapter 74 of title 18, United States 

14 Code, is amended by adding at the end the following new 

15 item: 

‘‘1532. Federal minimum protections for pain-capable unborn child protection.’’. 

16 (c) CHAPTER HEADING AMENDMENTS.— 

17 (1) CHAPTER HEADING IN CHAPTER.—The 

18 chapter heading for chapter 74 of title 18, United 

19 States Code, is amended by striking ‘‘PARTIAL20 BIRTH ABORTIONS’’ and inserting ‘‘ABOR21 TIONS’’. 

22 (2) TABLE OF CHAPTERS FOR PART I.—The 

23 item relating to chapter 74 in the table of chapters 


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1 at the beginning of part I of title 18, United States 

2 Code, is amended to read as follows: 

‘‘74. Abortions ........................................................................................ 1531’’. 

Æ 


kjohnson on DSK79L0C42PROD with BILLS