I 

112TH CONGRESS 

2D SESSION H. R. 3803 

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

children in the District of Columbia, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 23, 2012 

Mr. FRANKS of Arizona (for himself, Mr. AKIN, Mr. GOHMERT, Mr. FLEMING, 

Mr. WALBERG, Mr. HUELSKAMP, Mr. PITTS, Mr. LAMBORN, Mr. SMITH

of Texas, Mr. KINGSTON, Mr. SMITH of New Jersey, Mr. SOUTHERLAND, 

Mrs. SCHMIDT, Mr. ADERHOLT, Mr. HARRIS, Mr. BUCSHON, Mr. PENCE, 

Mr. HULTGREN, Mr. BOUSTANY, Mr. ROGERS of Alabama, Mr. MANZULLO, Mr. ROSS of Florida, Mrs. HARTZLER, Mr. FORTENBERRY, Mr. 

HERGER, Mr. CANSECO, Mr. LANKFORD, Mrs. LUMMIS, Mr. AUSTIN

SCOTT of Georgia, Mr. ROE of Tennessee, Mr. NUNNELEE, Mr. MARCHANT, Mr. HUIZENGA of Michigan, Mr. MURPHY of Pennsylvania, Mr. 

JONES, Mr. LANDRY, Mr. BACHUS, Mr. ROGERS of Kentucky, Mrs. 

ROBY, Mr. MCKINLEY, Mr. LIPINSKI, Mr. KELLY, Mr. GOWDY, Mr. JORDAN, Mrs. BACHMANN, Mrs. ELLMERS, Mr. AMASH, Mr. ISSA, Mr. 

SCHWEIKERT, and Mr. SCALISE) introduced the following bill; which was 

referred to the Committee on the Judiciary, and in addition to the Committee on Oversight and Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such 

provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To amend title 18, United States Code, to protect paincapable unborn children in the District of Columbia, 

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, 


rfrederick on DSK6VPTVN1PROD with BILLS
2 

•HR 3803 IH

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘District of Columbia 

3 Pain-Capable Unborn Child Protection Act’’. 

4 SEC. 2. LEGISLATIVE FINDINGS. 

5 Congress finds and declares the following: 

6 (1) Pain receptors (nociceptors) are present 

7 throughout the unborn child’s entire body and 

8 nerves link these receptors to the brain’s thalamus 

9 and subcortical plate by no later than 20 weeks after 

10 fertilization. 

11 (2) By 8 weeks after fertilization, the unborn 

12 child reacts to touch. After 20 weeks, the unborn 

13 child reacts to stimuli that would be recognized as 

14 painful if applied to an adult human, for example, 

15 by recoiling. 

16 (3) In the unborn child, application of such 

17 painful stimuli is associated with significant in18 creases in stress hormones known as the stress re19 sponse. 

20 (4) Subjection to such painful stimuli is associ21 ated with long-term harmful neurodevelopmental ef22 fects, such as altered pain sensitivity and, possibly, 

23 emotional, behavioral, and learning disabilities later 

24 in life. 

25 (5) For the purposes of surgery on unborn chil26 dren, fetal anesthesia is routinely administered and 


rfrederick on DSK6VPTVN1PROD with BILLS
3 

•HR 3803 IH

1 is associated with a decrease in stress hormones 

2 compared to their level when painful stimuli are ap3 plied without such anesthesia. 

4 (6) The position, asserted by some medical ex5 perts, that the unborn child is incapable of experi6 encing pain until a point later in pregnancy than 20 

7 weeks after fertilization predominately rests on the 

8 assumption that the ability to experience pain de9 pends on the cerebral cortex and requires nerve con10 nections between the thalamus and the cortex. How11 ever, recent medical research and analysis, especially 

12 since 2007, provides strong evidence for the conclu13 sion that a functioning cortex is not necessary to ex14 perience pain. 

15 (7) Substantial evidence indicates that children 

16 born missing the bulk of the cerebral cortex, those 

17 with hydranencephaly, nevertheless experience pain. 

18 (8) In adult humans and in animals, stimula19 tion or ablation of the cerebral cortex does not alter 

20 pain perception, while stimulation or ablation of the 

21 thalamus does. 

22 (9) Substantial evidence indicates that struc23 tures used for pain processing in early development 

24 differ from those of adults, using different neural 

25 elements available at specific times during developVerDate Mar 15 2010 02:31 Jan 24, 2012 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3803.IH H3803

rfrederick on DSK6VPTVN1PROD with BILLS
4 

•HR 3803 IH

1 ment, such as the subcortical plate, to fulfill the role 

2 of pain processing. 

3 (10) The position, asserted by some commenta4 tors, that the unborn child remains in a coma-like 

5 sleep state that precludes the unborn child experi6 encing pain is inconsistent with the documented re7 action of unborn children to painful stimuli and with 

8 the experience of fetal surgeons who have found it 

9 necessary to sedate the unborn child with anesthesia 

10 to prevent the unborn child from engaging in vig11 orous movement in reaction to invasive surgery. 

12 (11) Consequently, there is substantial medical 

13 evidence that an unborn child is capable of experi14 encing pain at least by 20 weeks after fertilization, 

15 if not earlier. 

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

17 a compelling governmental interest in protecting the 

18 lives of unborn children from the stage at which sub19 stantial medical evidence indicates that they are ca20 pable of feeling pain. 

21 (13) The compelling governmental interest in 

22 protecting the lives of unborn children from the 

23 stage at which substantial medical evidence indicates 

24 that they are capable of feeling pain is intended to 

25 be separate from and independent of the compelling 


rfrederick on DSK6VPTVN1PROD with BILLS
5 

•HR 3803 IH

1 governmental interest in protecting the lives of un2 born children from the stage of viability, and neither 

3 governmental interest is intended to replace the 

4 other. 

5 (14) The District Council of the District of Co6 lumbia, operating under authority delegated by Con7 gress, repealed all limitations on abortion at any 

8 stage of pregnancy, effective April 29, 2004. 

9 (15) Article I, section 8 of the Constitution of 

10 the United States of America provides that the Con11 gress shall ‘‘exercise exclusive Legislation in all 

12 Cases whatsoever’’ over the District established as 

13 the seat of government of the United States, now 

14 known as the District of Columbia. The constitu15 tional responsibility for the protection of pain-capa16 ble unborn children within the Federal District re17 sides with the Congress. 

18 SEC. 3. DISTRICT OF COLUMBIA PAIN-CAPABLE UNBORN 

19 CHILD PROTECTION. 

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

21 States Code, is amended by inserting after section 1531 

22 the following: 


rfrederick on DSK6VPTVN1PROD with BILLS
6 

•HR 3803 IH

1 ‘‘§ 1532. District of Columbia pain-capable unborn 

2 child protection 

3 ‘‘(a) UNLAWFUL CONDUCT.—Notwithstanding any 

4 other provision of law, including any legislation of the Dis5 trict of Columbia under authority delegated by Congress, 

6 it shall be unlawful for any person to perform an abortion 

7 within the District of Columbia, or attempt to do so, un8 less in conformity with the requirements set forth in sub9 section (b). 

10 ‘‘(b) REQUIREMENTS FOR ABORTIONS.— 

11 ‘‘(1) The physician performing or attempting 

12 the abortion shall first make a determination of the 

13 probable post-fertilization age of the unborn child or 

14 reasonably rely upon such a determination made by 

15 another physician. In making such a determination, 

16 the physician shall make such inquiries of the preg17 nant woman and perform or cause to be performed 

18 such medical examinations and tests as a reasonably 

19 prudent physician, knowledgeable about the case and 

20 the medical conditions involved, would consider nec21 essary to make an accurate determination of post22 fertilization age. 

23 ‘‘(2)(A) Except as provided in subparagraph 

24 (B), the abortion shall not be performed or at25 tempted, if the probable post-fertilization age, as deVerDate Mar 15 2010 02:31 Jan 24, 2012 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3803.IH H3803

rfrederick on DSK6VPTVN1PROD with BILLS
7 

•HR 3803 IH

1 termined under paragraph (1), of the unborn child 

2 is 20 weeks or greater. 

3 ‘‘(B) Subject to subparagraph (C), subpara4 graph (A) does not apply if, in reasonable medical 

5 judgment, the abortion is necessary to save the life 

6 of a pregnant woman whose life is endangered by a 

7 physical disorder, physical illness, or physical injury, 

8 including a life-endangering physical condition 

9 caused by or arising from the pregnancy itself, but 

10 not including psychological or emotional conditions 

11 or any claim or diagnosis that the woman will en12 gage in conduct which she intends to result in her 

13 death. 

14 ‘‘(C) A physician terminating or attempting to 

15 terminate a pregnancy under the exception provided 

16 by subparagraph (B) may do so only in the manner 

17 which, in reasonable medical judgment, provides the 

18 best opportunity for the unborn child to survive, un19 less, in reasonable medical judgment, termination of 

20 the pregnancy in that manner would pose a greater 

21 risk of— 

22 ‘‘(i) the death of the pregnant woman; or 

23 ‘‘(ii) the substantial and irreversible phys24 ical impairment of a major bodily function, not 


rfrederick on DSK6VPTVN1PROD with BILLS
8 

•HR 3803 IH

1 including psychological or emotional conditions, 

2 of the pregnant woman; 

3 than would other available methods. 

4 ‘‘(c) CRIMINAL PENALTY.—Whoever violates sub5 section (a) shall be fined under this title or imprisoned 

6 for not more than 2 years, or both. 

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

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

9 attempted may not be prosecuted under, or for a con10 spiracy to violate, subsection (a), or for an offense under 

11 section 2, 3, or 4 based on such a violation. 

12 ‘‘(e) CIVIL REMEDIES.— 

13 ‘‘(1) CIVIL ACTION BY WOMAN ON WHOM THE

14 ABORTION IS PERFORMED.—A woman upon whom 

15 an abortion has been performed or attempted in vio16 lation of subsection (a), may in a civil action against 

17 any person who engaged in the violation obtain ap18 propriate relief. 

19 ‘‘(2) CIVIL ACTION BY RELATIVES.—The father 

20 of an unborn child who is the subject of an abortion 

21 performed or attempted in violation of subsection 

22 (a), or a maternal grandparent of the unborn child 

23 if the pregnant woman is an unemancipated minor, 

24 may in a civil action against any person who en25 gaged in the violation, obtain appropriate relief, unVerDate Mar 15 2010 02:31 Jan 24, 2012 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H3803.IH H3803

rfrederick on DSK6VPTVN1PROD with BILLS
9 

•HR 3803 IH

1 less the pregnancy resulted from the plaintiff’s 

2 criminal conduct or the plaintiff consented to the 

3 abortion. 

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

5 in a civil action under this subsection includes— 

6 ‘‘(A) objectively verifiable money damages 

7 for all injuries, psychological and physical, occa8 sioned by the violation of this section; 

9 ‘‘(B) statutory damages equal to three 

10 times the cost of the abortion; and 

11 ‘‘(C) punitive damages. 

12 ‘‘(4) INJUNCTIVE RELIEF.— 

13 ‘‘(A) IN GENERAL.—A qualified plaintiff 

14 may in a civil action obtain injunctive relief to 

15 prevent an abortion provider from performing 

16 or attempting further abortions in violation of 

17 this section. 

18 ‘‘(B) DEFINITION.—In this paragraph the 

19 term ‘qualified plaintiff’ means— 

20 ‘‘(i) a woman upon whom an abortion 

21 is performed or attempted in violation of 

22 this section; 

23 ‘‘(ii) any person who is the spouse, 

24 parent, sibling or guardian of, or a current 


rfrederick on DSK6VPTVN1PROD with BILLS
10 

•HR 3803 IH

1 or former licensed health care provider of, 

2 that woman; or 

3 ‘‘(iii) the United States Attorney for 

4 the District of Columbia. 

5 ‘‘(5) ATTORNEYS FEES FOR PLAINTIFF.—The 

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

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

8 under this subsection. 

9 ‘‘(6) ATTORNEYS FEES FOR DEFENDANT.—If a 

10 defendant in a civil action under this section prevails 

11 and the court finds that the plaintiff’s suit was friv12 olous and brought in bad faith, the court shall also 

13 render judgment for a reasonable attorney’s fee in 

14 favor of the defendant against the plaintiff. 

15 ‘‘(7) AWARDS AGAINST WOMAN.—Except under 

16 paragraph (6), in a civil action under this sub17 section, no damages, attorney’s fee or other mone18 tary relief may be assessed against the woman upon 

19 whom the abortion was performed or attempted. 

20 ‘‘(f) PROTECTION OF PRIVACY IN COURT PRO21 CEEDINGS.— 

22 ‘‘(1) IN GENERAL.—Except to the extent the 

23 Constitution or other similarly compelling reason re24 quires, in every civil or criminal action under this 

25 section, the court shall make such orders as are necVerDate Mar 15 2010 02:31 Jan 24, 2012 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H3803.IH H3803

rfrederick on DSK6VPTVN1PROD with BILLS
11 

•HR 3803 IH

1 essary to protect the anonymity of any woman upon 

2 whom an abortion has been performed or attempted 

3 if she does not give her written consent to such dis4 closure. Such orders may be made upon motion, but 

5 shall be made sua sponte if not otherwise sought by 

6 a party. 

7 ‘‘(2) ORDERS TO PARTIES, WITNESSES, AND

8 COUNSEL.—The court shall issue appropriate orders 

9 under paragraph (1) to the parties, witnesses, and 

10 counsel and shall direct the sealing of the record and 

11 exclusion of individuals from courtrooms or hearing 

12 rooms to the extent necessary to safeguard her iden13 tity from public disclosure. Each such order shall be 

14 accompanied by specific written findings explaining 

15 why the anonymity of the woman must be preserved 

16 from public disclosure, why the order is essential to 

17 that end, how the order is narrowly tailored to serve 

18 that interest, and why no reasonable less restrictive 

19 alternative exists. 

20 ‘‘(3) PSEUDONYM REQUIRED.—In the absence 

21 of written consent of the woman upon whom an 

22 abortion has been performed or attempted, any 

23 party, other than a public official, who brings an ac24 tion under paragraphs (1), (2), or (4) of subsection 

25 (e) shall do so under a pseudonym. 


rfrederick on DSK6VPTVN1PROD with BILLS
12 

•HR 3803 IH

1 ‘‘(4) LIMITATION.—This subsection shall not be 

2 construed to conceal the identity of the plaintiff or 

3 of witnesses from the defendant or from attorneys 

4 for the defendant. 

5 ‘‘(g) REPORTING.— 

6 ‘‘(1) DUTY TO REPORT.—Any physician who 

7 performs or attempts an abortion within the District 

8 of Columbia shall report that abortion to the rel9 evant District of Columbia health agency (herein10 after in this section referred to as the ‘health agen11 cy’) on a schedule and in accordance with forms and 

12 regulations prescribed by the health agency. 

13 ‘‘(2) CONTENTS OF REPORT.—The report shall 

14 include the following: 

15 ‘‘(A) POST-FERTILIZATION AGE.—For the 

16 determination of probable postfertilization age 

17 of the unborn child, whether ultrasound was 

18 employed in making the determination, and the 

19 week of probable post-fertilization age that was 

20 determined. 

21 ‘‘(B) METHOD OF ABORTION.—Which of 

22 the following methods or combination of meth23 ods was employed: 


rfrederick on DSK6VPTVN1PROD with BILLS
13 

•HR 3803 IH

1 ‘‘(i) Dilation, dismemberment, and 

2 evacuation of fetal parts also known as ‘di3 lation and evacuation’. 

4 ‘‘(ii) Intra-amniotic instillation of sa5 line, urea, or other substance (specify sub6 stance) to kill the unborn child, followed by 

7 induction of labor. 

8 ‘‘(iii) Intracardiac or other intra-fetal 

9 injection of digoxin, potassium chloride, or 

10 other substance (specify substance) in11 tended to kill the unborn child, followed by 

12 induction of labor. 

13 ‘‘(iv) Partial-birth abortion, as defined 

14 in section 1531. 

15 ‘‘(v) Manual vacuum aspiration with16 out other methods. 

17 ‘‘(vi) Electrical vacuum aspiration 

18 without other methods. 

19 ‘‘(vii) Abortion induced by use of 

20 mifepristone in combination with 

21 misoprostol; or 

22 ‘‘(viii) if none of the methods de23 scribed in the other clauses of this sub24 paragraph was employed, whatever method 

25 was employed. 


rfrederick on DSK6VPTVN1PROD with BILLS
14 

•HR 3803 IH

1 ‘‘(C) AGE OF WOMAN.—The age or approx2 imate age of the pregnant woman. 

3 ‘‘(D) COMPLIANCE WITH REQUIREMENTS

4 FOR EXCEPTION.—The facts relied upon and 

5 the basis for any determinations required to es6 tablish compliance with the requirements for 

7 the exception provided by subsection (b)(2). 

8 ‘‘(3) EXCLUSIONS FROM REPORTS.— 

9 ‘‘(A) A report required under this sub10 section shall not contain the name or the ad11 dress of the woman whose pregnancy was ter12 minated, nor shall the report contain any other 

13 information identifying the woman. 

14 ‘‘(B) Such report shall contain a unique 

15 Medical Record Number, to enable matching 

16 the report to the woman’s medical records. 

17 ‘‘(C) Such reports shall be maintained in 

18 strict confidence by the health agency, shall not 

19 be available for public inspection, and shall not 

20 be made available except— 

21 ‘‘(i) to the United States Attorney for 

22 the District of Columbia or that Attorney’s 

23 delegate for a criminal investigation or a 

24 civil investigation of conduct that may vio25 late this section; or 


rfrederick on DSK6VPTVN1PROD with BILLS
15 

•HR 3803 IH

1 ‘‘(ii) pursuant to court order in an ac2 tion under subsection (e). 

3 ‘‘(4) PUBLIC REPORT.—Not later than June 30 

4 of each year beginning after the date of enactment 

5 of this paragraph, the health agency shall issue a 

6 public report providing statistics for the previous 

7 calendar year compiled from all of the reports made 

8 to the health agency under this subsection for that 

9 year for each of the items listed in paragraph (2). 

10 The report shall also provide the statistics for all 

11 previous calendar years during which this section 

12 was in effect, adjusted to reflect any additional in13 formation from late or corrected reports. The health 

14 agency shall take care to ensure that none of the in15 formation included in the public reports could rea16 sonably lead to the identification of any pregnant 

17 woman upon whom an abortion was performed or at18 tempted. 

19 ‘‘(5) FAILURE TO SUBMIT REPORT.— 

20 ‘‘(A) LATE FEE.—Any physician who fails 

21 to submit a report not later than 30 days after 

22 the date that report is due shall be subject to 

23 a late fee of $1,000 for each additional 30-day 

24 period or portion of a 30-day period the report 

25 is overdue. 


rfrederick on DSK6VPTVN1PROD with BILLS
16 

•HR 3803 IH

1 ‘‘(B) COURT ORDER TO COMPLY.—A court 

2 of competent jurisdiction may, in a civil action 

3 commenced by the health agency, direct any 

4 physician whose report under this subsection is 

5 still not filed as required, or is incomplete, more 

6 than 180 days after the date the report was 

7 due, to comply with the requirements of this 

8 section under penalty of civil contempt. 

9 ‘‘(C) DISCIPLINARY ACTION.—Intentional 

10 or reckless failure by any physician to comply 

11 with any requirement of this subsection, other 

12 than late filing of a report, constitutes suffi13 cient cause for any disciplinary sanction which 

14 the Health Professional Licensing Administra15 tion of the District of Columbia determines is 

16 appropriate, including suspension or revocation 

17 of any license granted by the Administration. 

18 ‘‘(6) FORMS AND REGULATIONS.—Not later 

19 than 90 days after the date of the enactment of this 

20 section, the health agency shall prescribe forms and 

21 regulations to assist in compliance with this sub22 section. 

23 ‘‘(7) EFFECTIVE DATE OF REQUIREMENT.— 

24 Paragraph (1) of this subsection takes effect with 

25 respect to all abortions performed on and after the 


rfrederick on DSK6VPTVN1PROD with BILLS
17 

•HR 3803 IH

1 first day of the first calendar month beginning after 

2 the effective date of such forms and regulations. 

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

4 definitions apply: 

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

6 the use or prescription of any instrument, medicine, 

7 drug, or any other substance or device— 

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

9 of a woman known to be pregnant; or 

10 ‘‘(B) to otherwise intentionally terminate 

11 the pregnancy of a woman known to be preg12 nant with an intention other than to increase 

13 the probability of a live birth, to preserve the 

14 life or health of the child after live birth, or to 

15 remove a dead unborn child who died as the re16 sult of natural causes in utero, accidental trau17 ma, or a criminal assault on the pregnant 

18 woman or her unborn child, and which causes 

19 the premature termination of the pregnancy. 

20 ‘‘(2) ATTEMPT AN ABORTION.—The term ‘at21 tempt’, with respect to an abortion, means conduct 

22 that, under the circumstances as the actor believes 

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

24 of conduct planned to culminate in performing an 

25 abortion in the District of Columbia. 


rfrederick on DSK6VPTVN1PROD with BILLS
18 

•HR 3803 IH

1 ‘‘(3) FERTILIZATION.—The term ‘fertilization’ 

2 means the fusion of human spermatozoon with a 

3 human ovum. 

4 ‘‘(4) HEALTH AGENCY.—The term ‘health 

5 agency’ means the Department of Health of the Dis6 trict of Columbia or any successor agency respon7 sible for the regulation of medical practice. 

8 ‘‘(5) PERFORM.—The term ‘perform’, with re9 spect to an abortion, includes induce an abortion 

10 through a medical or chemical intervention including 

11 writing a prescription for a drug or device intended 

12 to result in an abortion. 

13 ‘‘(6) PHYSICIAN.—The term ‘physician’ means 

14 a person licensed to practice medicine and surgery 

15 or osteopathic medicine and surgery, or otherwise li16 censed to legally perform an abortion. 

17 ‘‘(7) POST-FERTILIZATION AGE.—The term 

18 ‘post-fertilization age’ means the age of the unborn 

19 child as calculated from the fusion of a human 

20 spermatozoon with a human ovum. 

21 ‘‘(8) PROBABLE POST-FERTILIZATION AGE OF

22 THE UNBORN CHILD.—The term ‘probable post-fer23 tilization age of the unborn child’ means what, in 

24 reasonable medical judgment, will with reasonable 

25 probability be the postfertilization age of the unborn 


rfrederick on DSK6VPTVN1PROD with BILLS
19 

•HR 3803 IH

1 child at the time the abortion is planned to be per2 formed or induced. 

3 ‘‘(9) REASONABLE MEDICAL JUDGMENT.—The 

4 term ‘reasonable medical judgment’ means a medical 

5 judgment that would be made by a reasonably pru6 dent physician, knowledgeable about the case and 

7 the treatment possibilities with respect to the med8 ical conditions involved. 

9 ‘‘(10) UNBORN CHILD.—The term ‘unborn 

10 child’ means an individual organism of the species 

11 homo sapiens, beginning at fertilization, until the 

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

13 of title 1. 

14 ‘‘(11) UNEMANCIPATED MINOR.—The term 

15 ‘unemancipated minor’ means a minor who is sub16 ject to the control, authority, and supervision of a 

17 parent or guardian, as determined under the law of 

18 the State in which the minor resides. 

19 ‘‘(12) WOMAN.—The term ‘woman’ means a fe20 male human being whether or not she has reached 

21 the age of majority.’’. 

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

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

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

25 item: 

‘‘1532. District of Columbia pain-capable unborn child protection.’’. 


rfrederick on DSK6VPTVN1PROD with BILLS
20 

•HR 3803 IH

1 (c) CHAPTER HEADING AMENDMENTS.— 

2 (1) CHAPTER HEADING IN CHAPTER.—The 

3 chapter heading for chapter 74 of title 18, United 

4 States Code, is amended by striking ‘‘PARTIAL 

5 BIRTH ABORTIONS’’ and inserting ‘‘ABOR6 TIONS’’. 

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

8 item relating to chapter 74 in the table of chapters 

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

10 Code, is amended by striking ‘‘PARTIAL BIRTH 

11 ABORTIONS’’ and inserting ‘‘ABORTIONS’’. 

Æ 


rfrederick on DSK6VPTVN1PROD with BILLS