I 

111TH CONGRESS 

2D SESSION H. R. 5276 

To ensure that women seeking an abortion are fully informed regarding 

the pain experienced by their unborn child. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 11, 2010 

Mr. SMITH of New Jersey (for himself, Mr. ADERHOLT, Mr. AKIN, Mr. ALEXANDER, Mrs. BACHMANN, Mr. BARTLETT, Mr. BACHUS, Mr. BARRETT

of South Carolina, Mr. BILBRAY, Mr. BILIRAKIS, Mr. BISHOP of Utah, 

Mrs. BLACKBURN, Mr. BLUNT, Mr. BOEHNER, Mr. BOOZMAN, Mr. BURTON of Indiana, Mr. CARTER, Mr. CANTOR, Mr. CAO, Mr. CHAFFETZ, 

Mr. CONAWAY, Mr. COSTELLO, Mr. DAVIS of Kentucky, Mr. DUNCAN, 

Mr. FLEMING, Mr. FORTENBERRY, Ms. FOXX, Mr. FRANKS of Arizona, 

Mr. GOHMERT, Mr. GOODLATTE, Mr. GRIFFITH, Mr. HENSARLING, Mr. 

HERGER, Mr. HOEKSTRA, Mr. HUNTER, Mr. INGLIS, Mr. JOHNSON of 

Illinois, Mr. JONES, Mr. JORDAN of Ohio, Mr. KING of Iowa, Mr. 

LAMBORN, Mr. LATTA, Mr. LIPINSKI, Mr. DANIEL E. LUNGREN of California, Mr. MANZULLO, Mr. MARCHANT, Mr. MCCAUL, Mr. MCCOTTER, 

Mrs. MCMORRIS RODGERS, Mrs. MILLER of Michigan, Mr. GARY G. MILLER of California, Mr. NEUGEBAUER, Mr. OLSON, Mr. PENCE, Mr. 

PITTS, Mr. POE of Texas, Mr. RADANOVICH, Mr. RAHALL, Mr. ROE of 

Tennessee, Mr. ROGERS of Kentucky, Mr. ROGERS of Alabama, Ms. ROSLEHTINEN, Mr. RYAN of Wisconsin, Mr. SCALISE, Mrs. SCHMIDT, Mr. 

SENSENBRENNER, Mr. SHADEGG, Mr. SHIMKUS, Mr. SHUSTER, Mr. 

SOUDER, Mr. THOMPSON of Pennsylvania, Mr. TIAHRT, Mr. WILSON of 

South Carolina, and Mr. BROUN of Georgia) introduced the following bill; 

which was referred to the Committee on Energy and Commerce 

A BILL 

To ensure that women seeking an abortion are fully informed 

regarding the pain experienced by their unborn child. 


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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 ‘‘Unborn Child Pain 

5 Awareness Act of 2010’’. 

6 SEC. 2. FINDINGS. 

7 Congress makes the following findings: 

8 (1) At least by 20 weeks after fertilization, an 

9 unborn child has the physical structures necessary to 

10 experience pain. 

11 (2) There is substantial evidence that by 20 

12 weeks after fertilization, unborn children draw away 

13 from certain stimuli in a manner which in an infant 

14 or an adult would be interpreted as a response to 

15 pain. 

16 (3) Anesthesia is routinely administered to un17 born children who have developed 20 weeks or more 

18 after fertilization who undergo prenatal surgery. 

19 (4) There is substantial evidence that the abor20 tion methods most commonly used 20 weeks or more 

21 after fertilization cause substantial pain to an un22 born child, whether by dismemberment, poisoning, 

23 penetrating or crushing the skull, or other methods. 

24 Examples of abortion methods used 20 weeks or 


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1 more after fertilization include, but are not limited 

2 to the following: 

3 (A) The dilation and evacuation (D and E) 

4 method of abortion is commonly performed in 

5 the second trimester of pregnancy. In a dilation 

6 and evacuation abortion, the unborn child’s 

7 body parts are grasped with a long-toothed 

8 clamp. The fetal body parts are then torn from 

9 the body and pulled out of the vaginal canal. 

10 The remaining body parts are grasped and 

11 pulled out until only the head remains. The 

12 head is then grasped and crushed in order to 

13 remove it from the vaginal canal. 

14 (B) Partial-birth abortion is an abortion in 

15 which the abortion practitioner delivers an un16 born child’s body until only the head remains 

17 inside the womb, punctures the back of the 

18 child’s skull with a sharp instrument, and sucks 

19 the child’s brains out before completing the de20 livery of the dead infant, and as further defined 

21 in section 1531 of title 18, United States Code. 

22 (5) Expert testimony confirms that by 20 weeks 

23 after fertilization an unborn child may experience 

24 substantial pain even if the woman herself has re25 ceived local analgesic or general anesthesia. 


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1 (6) Medical science is capable of reducing such 

2 pain through the administration of anesthesia or 

3 other pain-reducing drugs directly to the unborn 

4 child. 

5 (7) There is a valid Federal Government inter6 est in preventing or reducing the infliction of pain 

7 on sentient creatures. Examples of this are laws gov8 erning the use of laboratory animals and requiring 

9 pain-free methods of slaughtering livestock, which 

10 include, but are not limited to the following: 

11 (A) Section 2 of the Act commonly known 

12 as the Humane Slaughter Act of 1958 (Public 

13 Law 85–765; 7 U.S.C. 1902) states, ‘‘No meth14 od of slaughter or handling in connection with 

15 slaughtering shall be deemed to comply with the 

16 public policy of the United States unless it is 

17 humane. Either of the following two methods of 

18 slaughtering and handling are hereby found to 

19 be humane— 

20 ‘‘(i) in the case of cattle, calves, 

21 horses, mules, sheep, swine, and other live22 stock, all animals are rendered insensible 

23 to pain by a single blow or gunshot or an 

24 electrical, chemical or other means that is 


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1 rapid and effective, before being shackled, 

2 hoisted, thrown, cast, or cut; or 

3 ‘‘(ii) by slaughtering in accordance 

4 with the ritual requirements of the Jewish 

5 faith or any other religious faith that pre6 scribes a method of slaughter whereby the 

7 animal suffers loss of consciousness by 

8 anemia of the brain caused by the simulta9 neous and instantaneous severance of the 

10 carotid arteries with a sharp instrument 

11 and handling in connection with such 

12 slaughtering.’’. 

13 (B) Section 13(a)(3) of the Animal Wel14 fare Act (7 U.S.C. 2143(a)(3)) sets the stand15 ards and certification process for the humane 

16 handling, care, treatment, and transportation of 

17 animals. This includes having standards with 

18 respect to animals in research facilities that in19 clude requirements— 

20 (i) for animal care, treatment, and 

21 practices in experimental procedures to en22 sure that animal pain and distress are 

23 minimized, including adequate veterinary 

24 care with the appropriate use of anesthetic, 


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1 analgesic, tranquilizing drugs, or eutha2 nasia; 

3 (ii) that the principal investigator con4 siders alternatives to any procedure likely 

5 to produce pain to or distress in an experi6 mental animal; and 

7 (iii) in any practice which could cause 

8 pain to animals— 

9 (I) that a doctor of veterinary 

10 medicine is consulted in the planning 

11 of such procedures; 

12 (II) for the use of tranquilizers, 

13 analgesics, and anesthetics; 

14 (III) for pre-surgical and post15 surgical care by laboratory workers, in 

16 accordance with established veterinary 

17 medical and nursing procedures; 

18 (IV) against the use of paralytics 

19 without anesthesia; and 

20 (V) that the withholding of tran21 quilizers, anesthesia, analgesia, or eu22 thanasia when scientifically necessary 

23 shall continue for only the necessary 

24 period of time. 


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1 (C) Section 495 of the Public Health Serv2 ice Act (42 U.S.C. 289d) directs the Secretary 

3 of Health and Human Services, acting through 

4 the Director of the National Institutes of 

5 Health, to establish guidelines for research fa6 cilities as to the proper care and treatment of 

7 animals, including the appropriate use of tran8 quilizers, analgesics, and other drugs, except 

9 that such guidelines may not prescribe methods 

10 of research. Entities that conduct biomedical 

11 and behavioral research with National Insti12 tutes of Health funds must establish animal 

13 care committees which must conduct reviews at 

14 least semiannually and report to the Director of 

15 such Institutes at least annually. If the Director 

16 determines that an entity has not been fol17 lowing the guidelines, the Director must give 

18 the entity an opportunity to take corrective ac19 tion, and, if the entity does not, the Director 

20 must suspend or revoke the grant or contract 

21 involved. 

22 (8) There is a valid Federal Government inter23 est in preventing harm to developing human life at 

24 all stages. Examples of this include regulations pro25 tecting fetal human subjects from risks of ‘‘harm or 


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1 discomfort’’ in federally funded biomedical research, 

2 45 C.F.R. 102(i) and 45 C.F.R. 46.201 et seq. 

3 SEC. 3. AMENDMENT TO THE PUBLIC HEALTH SERVICE 

4 ACT. 

5 The Public Health Service Act (42 U.S.C. 201 et 

6 seq.) is amended by adding at the end the following: 

7 ‘‘TITLE XXXIII—UNBORN CHILD 

8 PAIN AWARENESS 

9 ‘‘SEC. 3301. DEFINITIONS. 

10 ‘‘In this title: 

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

12 the intentional use or prescription of any instru13 ment, medicine, drug, or any other substance or de14 vice or method to terminate the life of an unborn 

15 child, or to terminate the pregnancy of a woman 

16 known to be pregnant with an intention other 

17 than— 

18 ‘‘(A) to produce a live birth and preserve 

19 the life and health of the child after live birth; 

20 or 

21 ‘‘(B) to remove an ectopic pregnancy, or to 

22 remove a dead unborn child who died as the re23 sult of a spontaneous abortion, accidental trau24 ma or a criminal assault on the pregnant fe25 male or her unborn child. 


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1 ‘‘(2) ABORTION PROVIDER.—The term ‘abortion 

2 provider’ means any person legally qualified to per3 form an abortion under applicable Federal and State 

4 laws. 

5 ‘‘(3) PAIN-CAPABLE UNBORN CHILD.— 

6 ‘‘(A) IN GENERAL.—The term ‘pain-capa7 ble unborn child’ means an unborn child who 

8 has reached a probable stage of development of 

9 20 weeks or more after fertilization. 

10 ‘‘(B) RULE OF CONSTRUCTION.—Nothing 

11 in subparagraph (A) shall be construed as a de12 termination or finding by Congress that pain 

13 may not in fact be experienced by an unborn 

14 child at stages of development prior to 20 weeks 

15 or more after fertilization. 

16 ‘‘(4) PROBABLE AGE OF DEVELOPMENT.—The 

17 term ‘probable age of development’ means the dura18 tion of development after fertilization of the unborn 

19 child at the time an abortion is performed, as deter20 mined in the good faith judgment of the abortion 

21 provider using generally accepted medical criteria 

22 and information obtained by interviewing the preg23 nant woman. 


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1 ‘‘(5) UNBORN CHILD.—The term ‘unborn child’ 

2 means a member of the species homo sapiens, at any 

3 stage of development, who is carried in the womb. 

4 ‘‘(6) WOMAN.—The term ‘woman’ means a fe5 male human being whether or not she has reached 

6 the age of majority. 

7 ‘‘(7) UNEMANCIPATED MINOR.—The term 

8 ‘unemancipated minor’ means an individual who is 

9 not older than 18 years and who is not emancipated 

10 under State law. 

11 ‘‘SEC. 3302. REQUIREMENT OF INFORMED CONSENT. 

12 ‘‘(a) REQUIREMENT OF COMPLIANCE BY PRO13 VIDERS.—Any abortion provider in or affecting interstate 

14 or foreign commerce, who knowingly performs any abor15 tion of a pain-capable unborn child, shall comply with the 

16 requirements of this title. 

17 ‘‘(b) PROVISION OF CONSENT.— 

18 ‘‘(1) IN GENERAL.—Before any part of an abor19 tion involving a pain-capable unborn child begins, 

20 the abortion provider or his or her agent shall pro21 vide the pregnant woman involved, by telephone or 

22 in person, with the information described in para23 graph (2). It may not be provided by a tape record24 ing, but must be provided in a fashion that permits 

25 the woman to ask questions of and receive answers 


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1 from the abortion provider or his agent. (In the case 

2 of the Unborn Child Pain Awareness Brochure, it 

3 may be provided pursuant to subsection (c)(2) or 

4 (c)(3)). 

5 ‘‘(2) REQUIRED INFORMATION.— 

6 ‘‘(A) IN GENERAL.—An abortion provider 

7 or the provider’s agent to whom paragraph (1) 

8 applies shall provide the following information 

9 to the pregnant woman (or in the case of a deaf 

10 or non-English speaking woman, provide the 

11 statement in a manner that she can easily un12 derstand): 

13 ‘‘(i) AGE OF UNBORN BABY.—The 

14 probable age of development of the unborn 

15 baby based on the number of weeks since 

16 fertilization. 

17 ‘‘(ii) UNBORN CHILD PAIN AWARE18 NESS BROCHURE.—An abortion provider to 

19 whom paragraph (1) applies must provide 

20 the pregnant woman with the Unborn 

21 Child Pain Awareness Brochure (referred 

22 to in this section as the ‘Brochure’) to be 

23 developed by the Department of Health 

24 and Human Services under subsection (c) 

25 or with the information described in subVerDate Mar 15 2010 02:59 May 12, 2010 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H5276.IH H5276

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1 section (c)(2) relating to accessing such 

2 Brochure. 

3 ‘‘(iii) USE OF PAIN-PREVENTING

4 DRUGS.—Drugs administered to the moth5 er may not prevent the unborn child from 

6 feeling pain, but in some cases, anesthesia 

7 or other pain-reducing drug or drugs can 

8 be administered directly to the unborn 

9 child. 

10 ‘‘(iv) DESCRIPTION OF RISKS.—After 

11 providing the information required under 

12 clauses (i), (ii), and (iii) the abortion pro13 vider shall provide the woman involved 

14 with his or her best medical judgment on 

15 the risks, if any, of administering such an16 esthesia or analgesic, and the costs associ17 ated therewith. 

18 ‘‘(v) ADMINISTRATION OF ANES19 THESIA.—If the abortion provider is not 

20 qualified or willing to administer the anes21 thesia or other pain-reducing drug to an 

22 unborn child in response to a request from 

23 a pregnant women, the provider shall— 


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1 ‘‘(I) arrange for a qualified spe2 cialist to administer such anesthesia 

3 or drug; or 

4 ‘‘(II) advise the pregnant 

5 woman— 

6 ‘‘(aa) where she may obtain 

7 such anesthesia or other pain re8 ducing drugs for the unborn child 

9 in the course of an abortion; or 

10 ‘‘(bb) that the abortion pro11 vider is unable to perform the 

12 abortion if the woman requires 

13 that she receive anesthesia or 

14 other pain-reducing drug for her 

15 unborn child. 

16 ‘‘(vi) UNBORN CHILD PAIN AWARE17 NESS DECISION FORM.—An abortion pro18 vider to which paragraph (1) applies shall 

19 provide the pregnant woman with the Un20 born Child Pain Awareness Decision Form 

21 (provided for under subsection (d)) and ob22 tain the appropriate signature of the 

23 woman on such form. 

24 ‘‘(vii) RULE OF CONSTRUCTION.— 

25 Nothing in this section may be construed 


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1 to impede an abortion provider or the 

2 abortion provider’s agent from offering 

3 their own evaluation on the capacity of the 

4 unborn child to experience pain, the advis5 ability of administering pain-reducing 

6 drugs to the unborn child, or any other 

7 matter, as long as such provider or agent 

8 provides the required information, obtains 

9 the woman’s signature on the decision 

10 form, and otherwise complies with the af11 firmative requirements of the law. 

12 ‘‘(B) UNBORN CHILD PAIN AWARENESS

13 BROCHURE.—An abortion provider to whom 

14 paragraph (1) applies shall provide the preg15 nant woman with the Unborn Child Pain 

16 Awareness Brochure (referred to in this section 

17 as the ‘Brochure’) to be developed by the De18 partment of Health and Human Services under 

19 subsection (c) or with the information described 

20 in subsection (c)(2) relating to accessing such 

21 Brochure. 

22 ‘‘(C) UNBORN CHILD PAIN AWARENESS

23 DECISION FORM.—An abortion provider to 

24 which paragraph (1) applies shall provide the 

25 pregnant woman with the Unborn Child Pain 


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1 Awareness Decision Form (provided for under 

2 subsection (d)) and obtain the appropriate sig3 nature of the woman on such form. 

4 ‘‘(c) UNBORN CHILD PAIN AWARENESS BRO5 CHURE.— 

6 ‘‘(1) DEVELOPMENT.—Not later than 90 days 

7 after the date of enactment of this title, the Sec8 retary shall develop an Unborn Child Pain Aware9 ness Brochure. Such Brochure shall— 

10 ‘‘(A) be written in English and Spanish; 

11 ‘‘(B) Contain the following text: ‘Your doc12 tor has determined that, in his or her best me13 dial judgment, your unborn child is at least 20 

14 weeks old. There is a significant body of evi15 dence that unborn children at 20 weeks after 

16 fertilization have the physical structures nec17 essary to experience pain. There is substantial 

18 evidence that at least by this point, unborn chil19 dren draw away from surgical instruments in a 

20 manner which in an infant or an adult would be 

21 interpreted as a response to pain. There is sub22 stantial evidence that the process of being killed 

23 in an abortion will cause the unborn child pain, 

24 even though you receive a pain-reducing drug or 

25 drugs. Under the Federal Unborn Child Pain 


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1 Awareness Act of 2010, you have a right to 

2 know that there is evidence that the process of 

3 being killed in an abortion will cause your un4 born child pain. You may request that anes5 thesia or other pain-reducing drug or drugs are 

6 administered directly to the pain-capable un7 born child if you so desire. The purpose of ad8 ministering such drug or drugs would be to re9 duce or eliminate the capacity of the unborn 

10 child to experience pain during the abortion 

11 procedure. In some cases, there may be some 

12 additional risk to you associated with admin13 istering such a drug.’; 

14 ‘‘(C) contain greater detail on her option 

15 of having a pain-reducing drug or drugs admin16 istered to the unborn child to reduce the experi17 ence of pain by the unborn child during the 

18 abortion; 

19 ‘‘(D) be written in an objective and 

20 nonjudgmental manner and be printed in a 

21 typeface large enough to be clearly legible; and 

22 ‘‘(E) be made available by the Secretary at 

23 no cost to any abortion provider. 

24 ‘‘(2) INTERNET INFORMATION.—The Brochure 

25 under this section shall be available on the Internet 


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1 website of the Department of Health and Human 

2 Services at a minimum resolution of 70 DPI (dots 

3 per inch). All pictures appearing on the website shall 

4 be a minimum of 200x300 pixels. All letters on the 

5 website shall be a minimum of 12 point font. All 

6 such information and pictures shall be accessible 

7 with an industry standard browser, requiring no ad8 ditional plug-ins. 

9 ‘‘(3) PRESENTATION OF BROCHURE.—An abor10 tion provider or his or her agent must provide a 

11 pregnant woman with the Brochure, developed under 

12 paragraph (1), before any part of an abortion of a 

13 pain-capable child begins. The brochure may be pro14 vided— 

15 ‘‘(A) through an in-person visit by the 

16 pregnant woman; 

17 ‘‘(B) through an e-mail attachment, from 

18 the abortion provider or his or her agent; or 

19 ‘‘(C) by certified mail, mailed to the 

20 woman at least 72 hours before any part of the 

21 abortion begins. 

22 ‘‘(4) WAIVER.—After the abortion provider or 

23 his or her agent offers to provide a pregnant woman 

24 the brochure, a pregnant woman may waive receipt 

25 of the brochure under this subsection by signing the 


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1 waiver form contained in the Unborn Child Pain 

2 Awareness Decision Form. 

3 ‘‘(d) UNBORN CHILD PAIN AWARENESS DECISION

4 FORM.—Not later than 30 days after the date of enact5 ment of this title, the Secretary shall develop an Unborn 

6 Child Pain Awareness Decision Form. To be valid, such 

7 form shall— 

8 ‘‘(1) with respect to the pregnant woman— 

9 ‘‘(A) contain a statement that affirms that 

10 the woman has received or been offered all of 

11 the information required in subsection (b); 

12 ‘‘(B) affirm that the woman has read the 

13 following statement: ‘You are considering hav14 ing an abortion of an unborn child who will 

15 have developed, at the time of the abortion, ap16 proximately ll weeks after fertilization. 

17 There is a significant body of evidence that un18 born children at 20 weeks after fertilization 

19 have the physical structures necessary to expe20 rience pain. There is substantial evidence that 

21 at least by this point, unborn children draw 

22 away from surgical instruments in a manner 

23 which in an infant or an adult would be inter24 preted as a response to pain. There is substan25 tial evidence that the process of being killed in 


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1 an abortion will cause the unborn child pain, 

2 even though you receive a pain-reducing drug or 

3 drugs. Under the Federal Unborn Child Pain 

4 Awareness Act of 2010, you have a right to 

5 know that there is evidence that the process of 

6 being killed in an abortion will cause your un7 born child pain. You may request that anes8 thesia or other pain-reducing drug or drugs are 

9 administered directly to the pain-capable un10 born child if you so desire. The purpose of ad11 ministering such drug or drugs would be to re12 duce or eliminate the capacity of the unborn 

13 child to experience pain during the abortion 

14 procedure. In some cases, there may be some 

15 additional risk to you associated with admin16 istering such a drug.’; 

17 ‘‘(C) require the woman to explicitly either 

18 request or refuse the administration of pain-re19 ducing drugs to the unborn child; and 

20 ‘‘(D) be signed by a pregnant woman prior 

21 to the performance of an abortion involving a 

22 pain-capable unborn child; and 

23 ‘‘(2) with respect to the abortion provider— 


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1 ‘‘(A) contain a statement that the provider 

2 has provided the woman with all of the informa3 tion required under subsection (b); 

4 ‘‘(B) if applicable, contain a certification 

5 by the provider that an exception described in 

6 section 3303 applies and the detailed reasons 

7 for such certification; and 

8 ‘‘(C) be signed by the provider prior to the 

9 performance of the abortion procedure. 

10 ‘‘(e) MAINTENANCE OF RECORDS.—The Secretary 

11 shall promulgate regulations relating to the period of time 

12 during which copies of forms under subsection (d) shall 

13 be maintained by abortion providers. 

14 ‘‘SEC. 3303. EXCEPTION TO SAVE THE LIFE OF THE MOTH15 ER. 

16 ‘‘The provisions of section 3302 shall not apply to 

17 an abortion provider in the case that the abortion is nec18 essary to save the life of a mother whose life is endangered 

19 by a physical disorder, physical illness, or physical injury, 

20 including a life-endangering physical condition caused by 

21 or arising from the pregnancy itself. 

22 ‘‘SEC. 3304. PENALTIES FOR FAILURE TO COMPLY. 

23 ‘‘(a) IN GENERAL.—An abortion provider who will24 fully fails to comply with the provisions of this title shall 


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1 be subject to civil penalties in accordance with this section 

2 in an appropriate Federal court. 

3 ‘‘(b) COMMENCEMENT OF ACTION.—The Attorney 

4 General of the United States may commence a civil action 

5 under this section. 

6 ‘‘(c) FIRST OFFENSE.—Upon a finding by a court 

7 that a respondent in an action commenced under this sec8 tion has knowingly violated a provision of this title, the 

9 court shall notify the appropriate State medical licensing 

10 authority and shall assess a civil penalty against the re11 spondent in an amount not to exceed $100,000. 

12 ‘‘(d) SECOND AND SUBSEQUENT OFFENSES.—Upon 

13 a finding by a court that the respondent in an action com14 menced under this section has knowingly violated a provi15 sion of this title and the respondent has been found to 

16 have knowingly violated a provision of this title on a prior 

17 occasion, the court shall notify the appropriate State med18 ical licensing authority and shall assess a civil penalty 

19 against the respondent in an amount not to exceed 

20 $250,000. 

21 ‘‘(e) PRIVATE RIGHT OF ACTION.—A pregnant 

22 woman upon whom an abortion has been performed in vio23 lation of this title, or the parent or legal guardian of such 

24 a woman if she is an unemancipated minor, may com25 mence a civil action against the abortion provider for any 


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1 knowing or reckless violation of this title for actual and 

2 punitive damages.’’. 

3 SEC. 4. PREEMPTION. 

4 Nothing in this Act or the amendments made by this 

5 Act shall be construed to preempt any provision of State 

6 law to the extent that such State law establishes, imple7 ments, or continues in effect greater protections for un8 born children from pain than the protections provided 

9 under this Act and the amendments made by this Act. 

10 SEC. 5. SEVERABILITY. 

11 The provisions of this Act shall be severable. If any 

12 provision of this Act, or any application thereof, is found 

13 unconstitutional, that finding shall not affect any provi14 sion or application of the Act not so adjudicated. 

Æ 


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