I 

117TH CONGRESS 

1ST SESSION H. R. 1080 

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

children, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 15, 2021 

Mr. SMITH of New Jersey (for himself, Mr. ADERHOLT, Mr. ALLEN, Mr. 

ARMSTRONG, Mr. ARRINGTON, Mr. BABIN, Mr. BACON, Mr. BALDERSON, 

Mr. BANKS, Mr. BARR, Mr. BERGMAN, Mrs. BICE of Oklahoma, Mr. 

BIGGS, Mr. BILIRAKIS, Mr. BISHOP of North Carolina, Mrs. BOEBERT, 

Mr. BOST, Mr. BROOKS, Mr. BUCSHON, Mr. BUDD, Mr. BURCHETT, Mr. 

BURGESS, Mr. CARL, Mr. CARTER of Georgia, Mr. CAWTHORN, Ms. CHENEY, Mr. CLOUD, Mr. CLYDE, Mr. DAVIDSON, Mr. RODNEY DAVIS of Illinois, Mr. DUNCAN, Mr. DUNN, Mr. EMMER, Mr. ESTES, Mr. FEENSTRA, 

Mrs. FISCHBACH, Mr. FORTENBERRY, Ms. FOXX, Mr. C. SCOTT FRANKLIN of Florida, Mr. GAETZ, Mr. GIBBS, Mr. TONY GONZALES of Texas, 

Mr. GONZALEZ of Ohio, Mr. GOOD of Virginia, Mr. GRAVES of Louisiana, 

Mr. GRAVES of Missouri, Mr. GROTHMAN, Mr. GUEST, Mr. GUTHRIE, 

Mr. HAGEDORN, Mr. HARRIS, Mrs. HARSHBARGER, Mrs. HARTZLER, Mr. 

HERN, Ms. HERRELL, Ms. HERRERA BEUTLER, Mr. HICE of Georgia, 

Mr. HIGGINS of Louisiana, Mr. HILL, Mrs. HINSON, Mr. HOLLINGSWORTH, Mr. HUDSON, Mr. HUIZENGA, Mr. JACOBS of New York, Mr. 

JOHNSON of South Dakota, Mr. JOHNSON of Louisiana, Mr. JORDAN, 

Mr. JOYCE of Pennsylvania, Mr. KELLY of Pennsylvania, Mr. KELLY of 

Mississippi, Mr. KINZINGER, Mr. KUSTOFF, Mr. LAHOOD, Mr. 

LAMALFA, Mr. LAMBORN, Mr. LATTA, Mr. LATURNER, Mrs. LESKO, Mr. 

LOUDERMILK, Mr. LUETKEMEYER, Ms. MACE, Mr. MANN, Mr. MASSIE, 

Mr. MAST, Mr. MCCARTHY, Mrs. MCCLAIN, Mr. MCHENRY, Mr. MCKINLEY, Mrs. RODGERS of Washington, Mr. MEUSER, Mrs. MILLER of West 

Virginia, Mrs. MILLER of Illinois, Mr. MOOLENAAR, Mr. MOONEY, Mr. 

MOORE of Alabama, Mr. MOORE of Utah, Mr. MURPHY of North Carolina, Mr. NEWHOUSE, Mr. NORMAN, Mr. OWENS, Mr. PALAZZO, Mr. 

PERRY, Mr. PFLUGER, Mr. POSEY, Mr. REED, Mr. RESCHENTHALER, 

Mr. RICE of South Carolina, Mr. ROGERS of Kentucky, Mr. ROGERS of 

Alabama, Mr. ROSE, Mr. ROSENDALE, Mr. ROUZER, Mr. ROY, Mr. 

RUTHERFORD, Mr. SCALISE, Mr. SCHWEIKERT, Mr. AUSTIN SCOTT of 

Georgia, Mr. SESSIONS, Mr. SIMPSON, Mr. SMITH of Missouri, Mr. 

SMUCKER, Mr. STAUBER, Mr. STEIL, Mr. STEUBE, Mr. STEWART, Mr. 

STIVERS, Mr. TAYLOR, Mr. THOMPSON of Pennsylvania, Mrs. WAGNER, 

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Mr. WALBERG, Mrs. WALORSKI, Mr. WALTZ, Mr. WEBER of Texas, Mr. 

WENSTRUP, Mr. WESTERMAN, Mr. WILLIAMS of Texas, Mr. WILSON of 

South Carolina, Mr. WITTMAN, Mr. WOMACK, Mr. YOUNG, Mr. BUCK, 

Mr. KELLER, and Mr. GRIFFITH) introduced the following bill; which was 

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 ‘‘Pain-Capable Unborn 

5 Child Protection Act’’. 

6 SEC. 2. LEGISLATIVE FINDINGS AND DECLARATION OF 

7 CONSTITUTIONAL AUTHORITY FOR ENACT8 MENT. 

9 Congress finds and declares the following: 

10 (1) Pain receptors (nociceptors) are present 

11 throughout the unborn child’s entire body and 

12 nerves link these receptors to the brain’s thalamus 

13 and subcortical plate by no later than 20 weeks after 

14 fertilization. 

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

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

17 child reacts to stimuli that would be recognized as 

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

2 by recoiling. 

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

4 painful stimuli is associated with significant in5 creases in stress hormones known as the stress re6 sponse. 

7 (4) Subjection to such painful stimuli is associ8 ated with long-term harmful neurodevelopmental ef9 fects, such as altered pain sensitivity and, possibly, 

10 emotional, behavioral, and learning disabilities later 

11 in life. 

12 (5) For the purposes of surgery on unborn chil13 dren, fetal anesthesia is routinely administered and 

14 is associated with a decrease in stress hormones 

15 compared to their level when painful stimuli are ap16 plied without such anesthesia. In the United States, 

17 surgery of this type is being performed by 20 weeks 

18 after fertilization and earlier in specialized units af19 filiated with children’s hospitals. 

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

21 that the unborn child is incapable of experiencing 

22 pain until a point later in pregnancy than 20 weeks 

23 after fertilization predominately rests on the as24 sumption that the ability to experience pain depends 

25 on the cerebral cortex and requires nerve connecVerDate Sep 11 2014 17:16 Mar 12, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1080.IH H1080
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1 tions between the thalamus and the cortex. However, 

2 recent medical research and analysis, especially since 

3 2007, provides strong evidence for the conclusion 

4 that a functioning cortex is not necessary to experi5 ence pain. 

6 (7) Substantial evidence indicates that children 

7 born missing the bulk of the cerebral cortex, those 

8 with hydranencephaly, nevertheless experience pain. 

9 (8) In adult humans and in animals, stimula10 tion or ablation of the cerebral cortex does not alter 

11 pain perception, while stimulation or ablation of the 

12 thalamus does. 

13 (9) Substantial evidence indicates that struc14 tures used for pain processing in early development 

15 differ from those of adults, using different neural 

16 elements available at specific times during develop17 ment, such as the subcortical plate, to fulfill the role 

18 of pain processing. 

19 (10) The position, asserted by some commenta20 tors, that the unborn child remains in a coma-like 

21 sleep state that precludes the unborn child experi22 encing pain is inconsistent with the documented re23 action of unborn children to painful stimuli and with 

24 the experience of fetal surgeons who have found it 

25 necessary to sedate the unborn child with anesthesia 

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1 to prevent the unborn child from engaging in vig2 orous movement in reaction to invasive surgery. 

3 (11) Consequently, there is substantial medical 

4 evidence that an unborn child is capable of experi5 encing pain at least by 20 weeks after fertilization, 

6 if not earlier. 

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

8 a compelling 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 (13) The compelling governmental interest in 

13 protecting the lives of unborn children from the 

14 stage at which substantial medical evidence indicates 

15 that they are capable of feeling pain is intended to 

16 be separate from and independent of the compelling 

17 governmental interest in protecting the lives of un18 born children from the stage of viability, and neither 

19 governmental interest is intended to replace the 

20 other. 

21 (14) Congress has authority to extend protec22 tion to pain-capable unborn children under the Su23 preme Court’s Commerce Clause precedents and 

24 under the Constitution’s grants of powers to ConVerDate Sep 11 2014 17:16 Mar 12, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1080.IH H1080
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1 gress under the Equal Protection, Due Process, and 

2 Enforcement Clauses of the Fourteenth Amendment. 

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

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

5 States Code, is amended by inserting after section 1531 

6 the following: 

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

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

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

10 to perform an abortion or attempt to do so, unless in con11 formity with the requirements set forth in subsection (b). 

12 ‘‘(b) REQUIREMENTS FOR ABORTIONS.— 

13 ‘‘(1) ASSESSMENT OF THE AGE OF THE UN14 BORN CHILD.—The physician performing or at15 tempting the abortion shall first make a determina16 tion of the probable post-fertilization age of the un17 born child or reasonably rely upon such a determina18 tion made by another physician. In making such a 

19 determination, the physician shall make such inquir20 ies of the pregnant woman and perform or cause to 

21 be performed such medical examinations and tests 

22 as a reasonably prudent physician, knowledgeable 

23 about the case and the medical conditions involved, 

24 would consider necessary to make an accurate deter25 mination of post-fertilization age. 

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

3 ‘‘(A) GENERALLY FOR UNBORN CHILDREN

4 20 WEEKS OR OLDER.—Except as provided in 

5 subparagraph (B), the abortion shall not be 

6 performed or attempted, if the probable post7 fertilization age, as determined under para8 graph (1), of the unborn child is 20 weeks or 

9 greater. 

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

11 does not apply if— 

12 ‘‘(i) in reasonable medical judgment, 

13 the abortion is necessary to save the life of 

14 a pregnant woman whose life is endan15 gered by a physical disorder, physical ill16 ness, or physical injury, including a life-en17 dangering physical condition caused by or 

18 arising from the pregnancy itself, but not 

19 including psychological or emotional condi20 tions; 

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

22 rape against an adult woman, and at least 

23 48 hours prior to the abortion— 

24 ‘‘(I) she has obtained counseling 

25 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 an 

15 abortion’ in this section, a physician termi16 nating or attempting to terminate a pregnancy 

17 under an exception provided by subparagraph 

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

19 reasonable medical judgment, provides the best 

20 opportunity 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 

25 State, or a victim’s rights advocate proVerDate Sep 11 2014 17:16 Mar 12, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H1080.IH H1080
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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 documentation 

11 from a government agency legally author12 ized to act on reports of child abuse that 

13 the rape or incest was reported prior to the 

14 abortion; or, as an alternative, documenta15 tion from a law enforcement agency that 

16 the rape or incest was reported prior to the 

17 abortion. 

18 ‘‘(G) INFORMED CONSENT.— 

19 ‘‘(i) CONSENT FORM REQUIRED.—The 

20 physician who intends to perform or at21 tempt to perform an abortion under the 

22 provisions of subparagraph (B) may not 

23 perform any part of the abortion procedure 

24 without first obtaining a signed Informed 

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1 Consent Authorization form in accordance 

2 with this subparagraph. 

3 ‘‘(ii) CONTENT OF CONSENT FORM.— 

4 The Informed Consent Authorization form 

5 shall be presented in person by the physi6 cian and shall consist of— 

7 ‘‘(I) a statement by the physician 

8 indicating the probable post-fertiliza9 tion age of the pain-capable unborn 

10 child; 

11 ‘‘(II) a statement that Federal 

12 law allows abortion after 20 weeks 

13 fetal age only if the mother’s life is 

14 endangered by a physical disorder, 

15 physical illness, or physical injury, 

16 when the pregnancy was the result of 

17 rape, or an act of incest against a 

18 minor; 

19 ‘‘(III) a statement that the abor20 tion must be performed by the method 

21 most likely to allow the child to be 

22 born alive unless this would cause sig23 nificant risk to the mother; 

24 ‘‘(IV) a statement that in any 

25 case in which an abortion procedure 

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1 results in a child born alive, Federal 

2 law requires that child to be given 

3 every form of medical assistance that 

4 is provided to children spontaneously 

5 born prematurely, including transpor6 tation and admittance to a hospital; 

7 ‘‘(V) a statement that these re8 quirements are binding upon the phy9 sician and all other medical personnel 

10 who are subject to criminal and civil 

11 penalties and that a woman on whom 

12 an abortion has been performed may 

13 take civil action if these requirements 

14 are not followed; and 

15 ‘‘(VI) affirmation that each sign16 er has filled out the informed consent 

17 form to the best of their knowledge 

18 and understands the information con19 tained in the form. 

20 ‘‘(iii) SIGNATORIES REQUIRED.—The 

21 Informed Consent Authorization form shall 

22 be signed in person by the woman seeking 

23 the abortion, the physician performing or 

24 attempting to perform the abortion, and a 

25 witness. 

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1 ‘‘(iv) RETENTION OF CONSENT

2 FORM.—The physician performing or at3 tempting to perform an abortion must re4 tain the signed informed consent form in 

5 the patient’s medical file. 

6 ‘‘(H) REQUIREMENT FOR DATA RETEN7 TION.—Paragraph (j)(2) of section 164.530 of 

8 title 45, Code of Federal Regulations, shall 

9 apply to documentation required to be placed in 

10 a patient’s medical file pursuant to subpara11 graph (F) of subsection (b)(2) and a consent 

12 form required to be retained in a patient’s med13 ical file pursuant to subparagraph (G) of such 

14 subsection in the same manner and to the same 

15 extent as such paragraph applies to documenta16 tion required by paragraph (j)(1) of such sec17 tion. 

18 ‘‘(I) ADDITIONAL EXCEPTIONS AND RE19 QUIREMENTS.— 

20 ‘‘(i) IN CASES OF RISK OF DEATH OR

21 MAJOR INJURY TO THE MOTHER.—Sub22 paragraphs (C), (D), and (G) shall not 

23 apply if, in reasonable medical judgment, 

24 compliance with such paragraphs would 

25 pose a greater risk of— 

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1 ‘‘(I) the death of the pregnant 

2 woman; or 

3 ‘‘(II) the substantial and irre4 versible physical impairment of a 

5 major bodily function, not including 

6 psychological or emotional conditions, 

7 of the pregnant woman. 

8 ‘‘(ii) EXCLUSION OF CERTAIN FACILI9 TIES.—Notwithstanding the definitions of 

10 the terms ‘medical treatment’ and ‘coun11 seling’ in subsection (g), the counseling or 

12 medical treatment described in subpara13 graph (B)(ii) may not be provided by a fa14 cility that performs abortions (unless that 

15 facility is a hospital). 

16 ‘‘(iii) RULE OF CONSTRUCTION IN

17 CASES OF REPORTS TO LAW ENFORCE18 MENT.—The requirements of subparagraph 

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

20 reported at any time prior to the abortion 

21 to a law enforcement agency or Depart22 ment of Defense victim assistance per23 sonnel. 

24 ‘‘(iv) COMPLIANCE WITH CERTAIN

25 STATE LAWS.— 

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1 ‘‘(I) STATE LAWS REGARDING

2 REPORTING OF RAPE AND INCEST.— 

3 The physician who performs or at4 tempts to perform an abortion under 

5 an exception provided by subpara6 graph (B) shall comply with such ap7 plicable State laws that are in effect 

8 as the State’s Attorney General may 

9 designate, regarding reporting re10 quirements in cases of rape or incest. 

11 ‘‘(II) STATE LAWS REGARDING

12 PARENTAL INVOLVEMENT.—The phy13 sician who intends to perform an 

14 abortion on a minor under an excep15 tion provided by subparagraph (B) 

16 shall comply with any applicable State 

17 laws requiring parental involvement in 

18 a minor’s decision to have an abor19 tion. 

20 ‘‘(c) CRIMINAL PENALTY.—Whoever violates sub21 section (a) shall be fined under this title or imprisoned 

22 for not more than 5 years, or both. 

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

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

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1 spiracy to violate, subsection (a), or for an offense under 

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

3 ‘‘(e) CIVIL REMEDIES.— 

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

5 ABORTION IS PERFORMED.—A woman upon whom 

6 an abortion has been performed or attempted in vio7 lation of any provision of this section may, in a civil 

8 action against any person who committed the viola9 tion, obtain appropriate relief. 

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

11 ON WHOM AN ABORTION IS PERFORMED.—A parent 

12 of a minor upon whom an abortion has been per13 formed or attempted under an exception provided for 

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

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

16 civil action against any person who committed the 

17 violation obtain appropriate relief, unless the preg18 nancy resulted from the plaintiff’s criminal conduct. 

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

20 in a civil action under this subsection includes— 

21 ‘‘(A) objectively verifiable money damages 

22 for all injuries, psychological and physical, occa23 sioned by the violation; 

24 ‘‘(B) statutory damages equal to three 

25 times the cost of the abortion; and 

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1 ‘‘(C) punitive damages. 

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

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

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

5 under this subsection. 

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

7 defendant in a civil action under this subsection pre8 vails and the court finds that the plaintiff’s suit was 

9 frivolous, the court shall award a reasonable attor10 ney’s fee in favor of the defendant against the plain11 tiff. 

12 ‘‘(6) AWARDS AGAINST WOMAN.—Except under 

13 paragraph (5), in a civil action under this sub14 section, no damages, attorney’s fee or other mone15 tary relief may be assessed against the woman upon 

16 whom the abortion was performed or attempted. 

17 ‘‘(f) DATA COLLECTION.— 

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

19 performs or attempts an abortion described in sub20 section (b)(2)(B) shall annually submit a summary 

21 of all such abortions to the National Center for 

22 Health Statistics (hereinafter referred to as the 

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

24 calendar year in which the abortion was performed 

25 or attempted. 

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

2 shall include the number of abortions performed or 

3 attempted on an unborn child who had a post-fer4 tilization age of 20 weeks or more and specify the 

5 following for each abortion under subsection 

6 (b)(2)(B)— 

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

8 the unborn child; 

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

10 abortion; 

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

12 conducted; 

13 ‘‘(D) the exception under subsection 

14 (b)(2)(B) under which the abortion was con15 ducted; and 

16 ‘‘(E) any incident of live birth resulting 

17 from the abortion. 

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

19 A summary required under this subsection shall not 

20 contain any information identifying the woman 

21 whose pregnancy was terminated and shall be sub22 mitted consistent with the Health Insurance Port23 ability and Accountability Act of 1996 (42 U.S.C. 

24 1320d–2 note). 

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1 ‘‘(4) PUBLIC REPORT.—The Center shall annu2 ally issue a public report providing statistics by 

3 State for the previous year compiled from all of the 

4 summaries made to the Center under this sub5 section. The Center shall take care to ensure that 

6 none of the information included in the public re7 ports could reasonably lead to the identification of 

8 any pregnant woman upon whom an abortion was 

9 performed or attempted. The annual report shall be 

10 issued by July 1 of the calendar year following the 

11 year in which the abortions were performed or at12 tempted. 

13 ‘‘(g) DEFINITIONS.—In this section the following 

14 definitions apply: 

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

16 the use or prescription of any instrument, medicine, 

17 drug, or any other substance or device— 

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

19 of a woman known to be pregnant; or 

20 ‘‘(B) to intentionally terminate the preg21 nancy of a woman known to be pregnant, with 

22 an intention other than— 

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

24 birth and preserve the life and health of 

25 the child born alive; or 

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

2 ‘‘(2) ATTEMPT.—The term ‘attempt’, with re3 spect to an abortion, means conduct that, under the 

4 circumstances as the actor believes them to be, con5 stitutes a substantial step in a course of conduct 

6 planned to culminate in performing an abortion. 

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

8 means counseling provided by a counselor licensed 

9 by the State, or a victims rights advocate provided 

10 by a law enforcement agency. 

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

12 medical or counseling group, center or clinic and in13 cludes the entire legal entity, including any entity 

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

15 control with such facility. 

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

17 means the fusion of human spermatozoon with a 

18 human ovum. 

19 ‘‘(6) 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 ‘‘(7) MINOR.—The term ‘minor’ means an indi2 vidual who has not attained the age of 18 years. 

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

5 through a medical or chemical intervention including 

6 writing a prescription for a drug or device intended 

7 to result in an abortion. 

8 ‘‘(9) 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 ‘‘(10) POST-FERTILIZATION AGE.—The term 

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

14 child as calculated from the fusion of a human 

15 spermatozoon with a human ovum. 

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

17 THE UNBORN CHILD.—The term ‘probable post-fer18 tilization age of the unborn child’ means what, in 

19 reasonable medical judgment, will with reasonable 

20 probability be the post-fertilization age of the un21 born child at the time the abortion is planned to be 

22 performed or induced. 

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

24 term ‘reasonable medical judgment’ means a medical 

25 judgment that would be made by a reasonably pruVerDate Sep 11 2014 17:16 Mar 12, 2021 Jkt 019200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\H1080.IH H1080
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1 dent physician, knowledgeable about the case and 

2 the treatment possibilities with respect to the med3 ical conditions involved. 

4 ‘‘(13) 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 ‘‘(14) 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. 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 ‘‘Abortions’’. 

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

22 item relating to chapter 74 in the table of chapters 

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

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1 Code, is amended by striking ‘‘Partial-Birth Abor2 tions’’ and inserting ‘‘Abortions’’. 

Æ