II 

Calendar No. 294 

115TH CONGRESS 

2D SESSION S. 2311 

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

children, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 16, 2018 

Mr. GRAHAM (for himself, Mr. LANKFORD, Mr. BLUNT, Mr. HATCH, Mr. 

MCCAIN, Mr. DAINES, Mr. SCOTT, Mr. GRASSLEY, Mr. INHOFE, Mr. 

CRUZ, Mr. LEE, Mr. PORTMAN, Mr. MORAN, Mr. SASSE, Mr. BOOZMAN, 

Mr. PERDUE, Mr. CASSIDY, Mr. TILLIS, Mr. COCHRAN, Mrs. ERNST, Mr. 

MCCONNELL, Mr. ROUNDS, Mr. ROBERTS, Mr. COTTON, Mr. WICKER, 

Mr. RISCH, Mr. PAUL, Mr. CORNYN, Mr. BURR, Mr. BARRASSO, Mrs. 

FISCHER, Mr. ISAKSON, Mr. THUNE, Mr. JOHNSON, Mr. SHELBY, Mr. 

FLAKE, Mr. ENZI, Mr. YOUNG, Mr. SULLIVAN, Mr. RUBIO, Mr. KENNEDY, Mr. CORKER, Mr. CRAPO, Mr. HOEVEN, Mr. TOOMEY, and Mr. 

HELLER) introduced the following bill; which was read the first time 

JANUARY 17, 2018 

Read the second time and placed on the calendar 

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, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Pain-Capable Unborn 

3 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 


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1 is associated with a decrease in stress hormones 

2 compared to their level when painful stimuli are ap3 plied without such anesthesia. In the United States, 

4 surgery of this type is being performed by 20 weeks 

5 after fertilization and earlier in specialized units af6 filiated with children’s hospitals. 

7 (6) The position, asserted by some physicians, 

8 that the unborn child is incapable of experiencing 

9 pain until a point later in pregnancy than 20 weeks 

10 after fertilization predominately rests on the as11 sumption that the ability to experience pain depends 

12 on the cerebral cortex and requires nerve connec13 tions between the thalamus and the cortex. However, 

14 recent medical research and analysis, especially since 

15 2007, provides strong evidence for the conclusion 

16 that a functioning cortex is not necessary to experi17 ence pain. 

18 (7) Substantial evidence indicates that children 

19 born missing the bulk of the cerebral cortex, those 

20 with hydranencephaly, nevertheless experience pain. 

21 (8) In adult humans and in animals, stimula22 tion or ablation of the cerebral cortex does not alter 

23 pain perception, while stimulation or ablation of the 

24 thalamus does. 


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1 (9) Substantial evidence indicates that struc2 tures used for pain processing in early development 

3 differ from those of adults, using different neural 

4 elements available at specific times during develop5 ment, such as the subcortical plate, to fulfill the role 

6 of pain processing. 

7 (10) The position, asserted by some commenta8 tors, that the unborn child remains in a coma-like 

9 sleep state that precludes the unborn child experi10 encing pain is inconsistent with the documented re11 action of unborn children to painful stimuli and with 

12 the experience of fetal surgeons who have found it 

13 necessary to sedate the unborn child with anesthesia 

14 to prevent the unborn child from engaging in vig15 orous movement in reaction to invasive surgery. 

16 (11) Consequently, there is substantial medical 

17 evidence that an unborn child is capable of experi18 encing pain at least by 20 weeks after fertilization, 

19 if not earlier. 

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

21 a compelling governmental interest in protecting the 

22 lives of unborn children from the stage at which sub23 stantial medical evidence indicates that they are ca24 pable of feeling pain. 


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1 (13) The compelling governmental interest in 

2 protecting the lives of unborn children from the 

3 stage at which substantial medical evidence indicates 

4 that they are capable of feeling pain is intended to 

5 be separate from and independent of the compelling 

6 governmental interest in protecting the lives of un7 born children from the stage of viability, and neither 

8 governmental interest is intended to replace the 

9 other. 

10 SEC. 3. PAIN-CAPABLE UNBORN CHILD PROTECTION. 

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

12 States Code, is amended by inserting after section 1531 

13 the following: 

14 ‘‘§ 1532. Pain-capable unborn child protection 

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

16 other provision of law, it shall be unlawful for any person 

17 to perform an abortion or attempt to do so, unless in con18 formity with the requirements set forth in subsection (b). 

19 ‘‘(b) REQUIREMENTS FOR ABORTIONS.— 

20 ‘‘(1) ASSESSMENT OF THE AGE OF THE UN21 BORN CHILD.—The physician performing or at22 tempting the abortion shall first make a determina23 tion of the probable post-fertilization age of the un24 born child or reasonably rely upon such a determina25 tion made by another physician. In making such a 


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1 determination, the physician shall make such inquir2 ies of the pregnant woman and perform or cause to 

3 be performed such medical examinations and tests 

4 as a reasonably prudent physician, knowledgeable 

5 about the case and the medical conditions involved, 

6 would consider necessary to make an accurate deter7 mination of post-fertilization age. 

8 ‘‘(2) PROHIBITION ON PERFORMANCE OF CER9 TAIN ABORTIONS.— 

10 ‘‘(A) GENERALLY FOR UNBORN CHILDREN

11 20 WEEKS OR OLDER.—Except as provided in 

12 subparagraph (B), the abortion shall not be 

13 performed or attempted, if the probable post14 fertilization age, as determined under para15 graph (1), of the unborn child is 20 weeks or 

16 greater. 

17 ‘‘(B) EXCEPTIONS.—Subparagraph (A) 

18 does not apply if— 

19 ‘‘(i) in reasonable medical judgment, 

20 the abortion is necessary to save the life of 

21 a pregnant woman whose life is endan22 gered by a physical disorder, physical ill23 ness, or physical injury, including a life-en24 dangering physical condition caused by or 

25 arising from the pregnancy itself, but not 


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1 including psychological or emotional condi2 tions; 

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

4 rape against an adult woman, and at least 

5 48 hours prior to the abortion— 

6 ‘‘(I) she has obtained counseling 

7 for the rape; or 

8 ‘‘(II) she has obtained medical 

9 treatment for the rape or an injury 

10 related to the rape; or 

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

12 against a minor or incest against a minor, 

13 and the rape or incest has been reported at 

14 any time prior to the abortion to either— 

15 ‘‘(I) a government agency legally 

16 authorized to act on reports of child 

17 abuse; or 

18 ‘‘(II) a law enforcement agency. 

19 ‘‘(C) REQUIREMENT AS TO MANNER OF

20 PROCEDURE PERFORMED.—Notwithstanding 

21 the definitions of ‘abortion’ and ‘attempt an 

22 abortion’ in this section, a physician termi23 nating or attempting to terminate a pregnancy 

24 under an exception provided by subparagraph 

25 (B) may do so only in the manner which, in 


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1 reasonable medical judgment, provides the best 

2 opportunity for the unborn child to survive. 

3 ‘‘(D) REQUIREMENT THAT A PHYSICIAN

4 TRAINED IN NEONATAL RESUSCITATION BE

5 PRESENT.—If, in reasonable medical judgment, 

6 the pain-capable unborn child has the potential 

7 to survive outside the womb, the physician who 

8 performs or attempts an abortion under an ex9 ception provided by subparagraph (B) shall en10 sure a second physician trained in neonatal re11 suscitation is present and prepared to provide 

12 care to the child consistent with the require13 ments of subparagraph (E). 

14 ‘‘(E) CHILDREN BORN ALIVE AFTER AT15 TEMPTED ABORTIONS.—When a physician per16 forms or attempts an abortion in accordance 

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

18 defined in section 8 of title 1 (commonly known 

19 as the Born-Alive Infants Protection Act of 

20 2002), the following shall apply: 

21 ‘‘(i) DEGREE OF CARE REQUIRED.— 

22 Any health care practitioner present at the 

23 time shall humanely exercise the same de24 gree of professional skill, care, and dili25 gence to preserve the life and health of the 


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1 child as a reasonably diligent and conscien2 tious health care practitioner would render 

3 to a child born alive at the same gesta4 tional age in the course of a natural birth. 

5 ‘‘(ii) IMMEDIATE ADMISSION TO A

6 HOSPITAL.—Following the care required to 

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

8 alive shall be immediately transported and 

9 admitted to a hospital. 

10 ‘‘(iii) MANDATORY REPORTING OF

11 VIOLATIONS.—A health care practitioner or 

12 any employee of a hospital, a physician’s 

13 office, or an abortion clinic who has knowl14 edge of a failure to comply with the re15 quirements of this subparagraph must im16 mediately report the failure to an appro17 priate State or Federal law enforcement 

18 agency or both. 

19 ‘‘(F) DOCUMENTATION REQUIREMENTS.— 

20 ‘‘(i) DOCUMENTATION PERTAINING TO

21 ADULTS.—A physician who performs or at22 tempts to perform an abortion under an 

23 exception provided by subparagraph (B)(ii) 

24 shall, prior to the abortion, place in the pa25 tient medical file documentation from a 


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1 hospital licensed by the State or operated 

2 under authority of a Federal agency, a 

3 medical clinic licensed by the State or op4 erated under authority of a Federal agen5 cy, from a personal physician licensed by 

6 the State, a counselor licensed by the 

7 State, or a victim’s rights advocate pro8 vided by a law enforcement agency that the 

9 adult woman seeking the abortion obtained 

10 medical treatment or counseling for the 

11 rape or an injury related to the rape. 

12 ‘‘(ii) DOCUMENTATION PERTAINING

13 TO MINORS.—A physician who performs or 

14 attempts to perform an abortion under an 

15 exception provided by subparagraph 

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

17 the patient medical file documentation 

18 from a government agency legally author19 ized to act on reports of child abuse that 

20 the rape or incest was reported prior to the 

21 abortion; or, as an alternative, documenta22 tion from a law enforcement agency that 

23 the rape or incest was reported prior to the 

24 abortion. 

25 ‘‘(G) INFORMED CONSENT.— 


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1 ‘‘(i) CONSENT FORM REQUIRED.—The 

2 physician who intends to perform or at3 tempt to perform an abortion under the 

4 provisions of subparagraph (B) may not 

5 perform any part of the abortion procedure 

6 without first obtaining a signed Informed 

7 Consent Authorization form in accordance 

8 with this subparagraph. 

9 ‘‘(ii) CONTENT OF CONSENT FORM.— 

10 The Informed Consent Authorization form 

11 shall be presented in person by the physi12 cian and shall consist of— 

13 ‘‘(I) a statement by the physician 

14 indicating the probable post-fertiliza15 tion age of the pain-capable unborn 

16 child; 

17 ‘‘(II) a statement that Federal 

18 law allows abortion after 20 weeks 

19 fetal age only if the mother’s life is 

20 endangered by a physical disorder, 

21 physical illness, or physical injury, 

22 when the pregnancy was the result of 

23 rape, or an act of incest against a 

24 minor; 


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1 ‘‘(III) a statement that the abor2 tion must be performed by the method 

3 most likely to allow the child to be 

4 born alive unless this would cause sig5 nificant risk to the mother; 

6 ‘‘(IV) a statement that in any 

7 case in which an abortion procedure 

8 results in a child born alive, Federal 

9 law requires that child to be given 

10 every form of medical assistance that 

11 is provided to children spontaneously 

12 born prematurely, including transpor13 tation and admittance to a hospital; 

14 ‘‘(V) a statement that these re15 quirements are binding upon the phy16 sician and all other medical personnel 

17 who are subject to criminal and civil 

18 penalties and that a woman on whom 

19 an abortion has been performed may 

20 take civil action if these requirements 

21 are not followed; and 

22 ‘‘(VI) affirmation that each sign23 er has filled out the informed consent 

24 form to the best of their knowledge 


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1 and understands the information con2 tained in the form. 

3 ‘‘(iii) SIGNATORIES REQUIRED.—The 

4 Informed Consent Authorization form shall 

5 be signed in person by the woman seeking 

6 the abortion, the physician performing or 

7 attempting to perform the abortion, and a 

8 witness. 

9 ‘‘(iv) RETENTION OF CONSENT

10 FORM.—The physician performing or at11 tempting to perform an abortion must re12 tain the signed informed consent form in 

13 the patient’s medical file. 

14 ‘‘(H) REQUIREMENT FOR DATA RETEN15 TION.—Paragraph (j)(2) of section 164.530 of 

16 title 45, Code of Federal Regulations, shall 

17 apply to documentation required to be placed in 

18 a patient’s medical file pursuant to subpara19 graph (F) of subsection (b)(2) and a consent 

20 form required to be retained in a patient’s med21 ical file pursuant to subparagraph (G) of such 

22 subsection in the same manner and to the same 

23 extent as such paragraph applies to documenta24 tion required by paragraph (j)(1) of such sec25 tion. 


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1 ‘‘(I) ADDITIONAL EXCEPTIONS AND RE2 QUIREMENTS.— 

3 ‘‘(i) IN CASES OF RISK OF DEATH OR

4 MAJOR INJURY TO THE MOTHER.—Sub5 paragraphs (C), (D), and (G) shall not 

6 apply if, in reasonable medical judgment, 

7 compliance with such paragraphs would 

8 pose a greater risk of— 

9 ‘‘(I) the death of the pregnant 

10 woman; or 

11 ‘‘(II) the substantial and irre12 versible physical impairment of a 

13 major bodily function, not including 

14 psychological or emotional conditions, 

15 of the pregnant woman. 

16 ‘‘(ii) EXCLUSION OF CERTAIN FACILI17 TIES.—Notwithstanding the definitions of 

18 the terms ‘medical treatment’ and ‘coun19 seling’ in subsection (g), the counseling or 

20 medical treatment described in subpara21 graph (B)(ii) may not be provided by a fa22 cility that performs abortions (unless that 

23 facility is a hospital). 

24 ‘‘(iii) RULE OF CONSTRUCTION IN

25 CASES OF REPORTS TO LAW ENFORCEVerDate Sep 11 2014 00:41 Jan 18, 2018 Jkt 079200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\S2311.PCS S2311

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1 MENT.—The requirements of subparagraph 

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

3 reported at any time prior to the abortion 

4 to a law enforcement agency or Depart5 ment of Defense victim assistance per6 sonnel. 

7 ‘‘(iv) COMPLIANCE WITH CERTAIN

8 STATE LAWS.— 

9 ‘‘(I) STATE LAWS REGARDING

10 REPORTING OF RAPE AND INCEST.— 

11 The physician who performs or at12 tempts to perform an abortion under 

13 an exception provided by subpara14 graph (B) shall comply with such ap15 plicable State laws that are in effect 

16 as the State’s Attorney General may 

17 designate, regarding reporting re18 quirements in cases of rape or incest. 

19 ‘‘(II) STATE LAWS REGARDING

20 PARENTAL INVOLVEMENT.—The phy21 sician who intends to perform an 

22 abortion on a minor under an excep23 tion provided by subparagraph (B) 

24 shall comply with any applicable State 

25 laws requiring parental involvement in 


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1 a minor’s decision to have an abor2 tion. 

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 three 

9 times 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 under 

22 paragraph (5), in a civil action under this sub23 section, no damages, attorney’s fee or other mone24 tary relief may be assessed against the woman upon 

25 whom the abortion was performed or attempted. 


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1 ‘‘(f) DATA COLLECTION.— 

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

3 performs or attempts an abortion described in sub4 section (b)(2)(B) shall annually submit a summary 

5 of all such abortions to the National Center for 

6 Health Statistics (hereinafter referred to as the 

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

8 calendar year in which the abortion was performed 

9 or attempted. 

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

11 shall include the number of abortions performed or 

12 attempted on an unborn child who had a post-fer13 tilization age of 20 weeks or more and specify the 

14 following for each abortion under subsection 

15 (b)(2)(B): 

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

17 the unborn child; 

18 ‘‘(B) the method used to carry out the 

19 abortion; 

20 ‘‘(C) the location where the abortion was 

21 conducted; 

22 ‘‘(D) the exception under subsection 

23 (b)(2)(B) under which the abortion was con24 ducted; and 


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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) DEFINITIONS.—In this section the following 

23 definitions apply: 


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

2 the use or prescription of any instrument, medicine, 

3 drug, or any other substance or device— 

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

5 of a woman known to be pregnant; or 

6 ‘‘(B) to intentionally terminate the preg7 nancy of a woman known to be pregnant, with 

8 an intention other than— 

9 ‘‘(i) after viability to produce a live 

10 birth and preserve the life and health of 

11 the child born alive; or 

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

13 ‘‘(2) ATTEMPT.—The term ‘attempt’, with re14 spect to an abortion, means conduct that, under the 

15 circumstances as the actor believes them to be, con16 stitutes a substantial step in a course of conduct 

17 planned to culminate in performing an abortion. 

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

19 means counseling provided by a counselor licensed 

20 by the State, or a victims rights advocate provided 

21 by a law enforcement agency. 

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

23 medical or counseling group, center or clinic and in24 cludes the entire legal entity, including any entity 


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

2 control with such facility. 

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

4 means the fusion of human spermatozoon with a 

5 human ovum. 

6 ‘‘(6) MEDICAL TREATMENT.—The term ‘med7 ical treatment’ means treatment provided at a hos8 pital licensed by the State or operated under author9 ity of a Federal agency, at a medical clinic licensed 

10 by the State or operated under authority of a Fed11 eral agency, or from a personal physician licensed by 

12 the State. 

13 ‘‘(7) MINOR.—The term ‘minor’ means an indi14 vidual who has not attained the age of 18 years. 

15 ‘‘(8) PERFORM.—The term ‘perform’, with re16 spect to an abortion, includes inducing an abortion 

17 through a medical or chemical intervention including 

18 writing a prescription for a drug or device intended 

19 to result in an abortion. 

20 ‘‘(9) PHYSICIAN.—The term ‘physician’ means 

21 a person licensed to practice medicine and surgery 

22 or osteopathic medicine and surgery, or otherwise le23 gally authorized to perform an abortion. 

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

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


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1 child as calculated from the fusion of a human 

2 spermatozoon with a human ovum. 

3 ‘‘(11) PROBABLE POST-FERTILIZATION AGE OF

4 THE UNBORN CHILD.—The term ‘probable post-fer5 tilization age of the unborn child’ means what, in 

6 reasonable medical judgment, will with reasonable 

7 probability be the post-fertilization age of the un8 born child at the time the abortion is planned to be 

9 performed or induced. 

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

11 term ‘reasonable medical judgment’ means a medical 

12 judgment that would be made by a reasonably pru13 dent physician, knowledgeable about the case and 

14 the treatment possibilities with respect to the med15 ical conditions involved. 

16 ‘‘(13) UNBORN CHILD.—The term ‘unborn 

17 child’ means an individual organism of the species 

18 homo sapiens, beginning at fertilization, until the 

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

20 of title 1. 

21 ‘‘(14) WOMAN.—The term ‘woman’ means a fe22 male human being whether or not she has reached 

23 the age of majority.’’. 

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

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


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

2 item: 

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

3 (c) CHAPTER HEADING AMENDMENTS.— 

4 (1) CHAPTER HEADING IN CHAPTER.—The 

5 chapter heading for chapter 74 of title 18, United 

6 States Code, is amended by striking ‘‘Partial7 Birth Abortions’’ and inserting ‘‘Abortions’’ 

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

9 item relating to chapter 74 in the table of chapters 

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

11 Code, is amended to read as follows: 

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


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Calendar No. 294 

115TH CONGRESS 

2D SESSION S. 2311 

A BILL 

To amend title 18, United States Code, to protect 

poses. pain-capable unborn children, and for other purJANUARY 17, 2018 

Read the second time and placed on the calendar 


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