IB 
Union Calendar No. 77 
113TH CONGRESS 
1ST SESSION H. R. 1797 
[Report No. 113–109, Part I] 
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 
APRIL 26, 2013 
Mr. FRANKS of Arizona (for himself, Mr. SMITH of New Jersey, Mr. SCALISE, 
Mr. GOSAR, Mr. SCHWEIKERT, Mr. SALMON, Mr. JONES, Mr. CONAWAY, 
Mr. CRAWFORD, Mr. NUNNELEE, Mr. CRAMER, Mr. KING of Iowa, Mr. 
FLEMING, Mr. GARRETT, Mr. ROE of Tennessee, Mr. CARTER, Mr. 
NEUGEBAUER, Mrs. ROBY, Mr. COLE, Mr. HUIZENGA of Michigan, Mr. 
HARPER, Mr. MASSIE, Mr. PEARCE, Mrs. BLACKBURN, Mr. BOUSTANY, 
Mrs. HARTZLER, Mr. BRIDENSTINE, Mr. KINGSTON, Mr. GUTHRIE, Mr. 
HOLDING, Mr. GRIFFIN of Arkansas, Mr. ROGERS of Alabama, Mr. 
ADERHOLT, Mr. AMASH, Mr. BUCHANAN, Mr. DUNCAN of South Caro-
lina, Mr. SIMPSON, Mr. MARINO, Mr. CASSIDY, Mr. BRADY of Texas, Mr. 
DUNCAN of Tennessee, Mr. GOWDY, Mr. BACHUS, Mr. LATTA, Mrs. 
BLACK, Mrs. NOEM, Ms. ROS-LEHTINEN, Mr. YOUNG of Indiana, Mr. 
POMPEO, Mr. STOCKMAN, Mr. WILSON of South Carolina, Mr. ALEX-
ANDER, Mr. HUELSKAMP, Mr. SHUSTER, Mr. STIVERS, Mr. BARR, Mr. 
GOHMERT, Mr. FINCHER, Mr. MULLIN, Mr. BROUN of Georgia, Mr. 
LIPINSKI, Mr. BENISHEK, Mr. ROSS, Mr. TIBERI, Mr. WESTMORELAND, 
Mr. ROTHFUS, Mr. PALAZZO, Mr. LONG, Mr. BONNER, Mr. PITTS, Mr. 
PRICE of Georgia, Mr. MCKINLEY, Mr. CALVERT, Mr. JORDAN, Mr. 
WALBERG, Mr. STEWART, Mr. YODER, Mr. HULTGREN, Mr. LANKFORD, 
Mr. OLSON, Mr. SMITH of Nebraska, Mr. DESANTIS, Mr. MEADOWS, Mr. 
ROKITA, Mr. HALL, Mr. NUGENT, Mr. MULVANEY, Mr. MILLER of Flor-
ida, Mrs. WAGNER, Mr. RODNEY DAVIS of Illinois, Mr. JOHNSON of 
Ohio, Mr. FORTENBERRY, Mr. SCHOCK, and Mr. POSEY) 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 com-
mittee concerned 
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JUNE 14, 2013 
Additional sponsors: Mr. KELLY of Pennsylvania, Mr. FLORES, Ms. JENKINS, 
Mr. HARRIS, Mr. WEBER of Texas, Mr. FORBES, Mr. TERRY, Mr. 
BISHOP of Utah, Mr. KLINE, Mr. CAMP, Mr. FLEISCHMANN, Mr. LAB-
RADOR, Mr. BARLETTA, Mr. LUCAS, Mr. MARCHANT, Mr. RAHALL, Mr. 
LUETKEMEYER, Mr. SENSENBRENNER, Mr. PITTENGER, Mr. DAINES, 
Mr. WOMACK, Mr. MCINTYRE, Mrs. ELLMERS, Mr. SAM JOHNSON of 
Texas, Mrs. BACHMANN, Mr. LATHAM, Mr. THOMPSON of Pennsylvania, 
Mr. LAMBORN, Mr. SOUTHERLAND, Mr. RIBBLE, Mr. BARTON, Mr. 
CHABOT, Mr. SMITH of Texas, Mr. WENSTRUP, Mr. COTTON, Mr. ROG-
ERS of Kentucky, Mr. COLLINS of Georgia, Mr. STUTZMAN, Mr. COBLE, 
Mr. MURPHY of Pennsylvania, Mr. FARENTHOLD, Mr. MCHENRY, Mr. 
DUFFY, Mr. PETERSON, Mr. HENSARLING, Mr. TURNER, Mr. POE of 
Texas, Mr. DENHAM, Ms. FOXX, Mr. HUDSON, Mrs. BROOKS of Indiana, 
Mr. KING of New York, Mr. BENTIVOLIO, Mr. BROOKS of Alabama, Mr. 
RENACCI, Mr. MESSER, Mr. BILIRAKIS, Mr. MCCLINTOCK, Mrs. 
WALORSKI, Mr. MICA, Mrs. MILLER of Michigan, Mr. GIBBS, Mr. 
LAMALFA, Mr. YOHO, Mr. PERRY, Mr. AUSTIN SCOTT of Georgia, Mr. 
NUNES, Mr. MCCAUL, Mr. RADEL, Mr. ROSKAM, Mr. REED, Mr. 
GINGREY of Georgia, Mr. CRENSHAW, Mr. COLLINS of New York, Mr. 
BUCSHON, Mr. GRIFFITH of Virginia, Mr. JOYCE, Mr. DIAZ-BALART, Mr. 
GOODLATTE, Mr. SANFORD, Mr. CULBERSON, Mr. RICE of South Caro-
lina, Mr. WOLF, Mr. GRAVES of Missouri, Mr. WITTMAN, Mr. SMITH of 
Missouri, Mr. PETRI, Mr. GRAVES of Georgia, Mr. WEBSTER of Florida, 
Mr. RIGELL, and Mr. HURT 
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JUNE 14, 2013 
Reported from the Committee on the Judiciary with amendments 
[Strike out all after the enacting clause and insert the part printed in italic] 
JUNE 14, 2013 
The Committee on Oversight and Government Reform discharged; committed 
to the Committee of the Whole House on the State of the Union and or-
dered to be printed 
[For text of introduced bill, see copy of bill as introduced on April 26, 2013] 
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A BILL 
To amend title 18, United States Code, to protect pain- 
capable unborn children in the District of Columbia, 
and for other purposes. 
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Pain-Capable Unborn 
Child Protection Act’’. 
SEC. 2. LEGISLATIVE FINDINGS AND DECLARATION OF 
CONSTITUTIONAL AUTHORITY FOR ENACT-
MENT. 
Congress finds and declares the following: 
(1) Pain receptors (nociceptors) are present 
throughout the unborn child’s entire body and nerves 
link these receptors to the brain’s thalamus and sub-
cortical plate by no later than 20 weeks after fertiliza-
tion. 
(2) By 8 weeks after fertilization, the unborn 
child reacts to touch. After 20 weeks, the unborn child 
reacts to stimuli that would be recognized as painful 
if applied to an adult human, for example, by recoil-
ing. 
(3) In the unborn child, application of such 
painful stimuli is associated with significant in-
creases in stress hormones known as the stress re-
sponse. 
(4) Subjection to such painful stimuli is associ-
ated with long-term harmful neurodevelopmental ef-
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fects, such as altered pain sensitivity and, possibly, 
emotional, behavioral, and learning disabilities later 
in life. 
(5) For the purposes of surgery on unborn chil-
dren, fetal anesthesia is routinely administered and is 
associated with a decrease in stress hormones com-
pared to their level when painful stimuli are applied 
without such anesthesia. In the United States, surgery 
of this type is being performed by 20 weeks after fer-
tilization and earlier in specialized units affiliated 
with children’s hospitals. 
(6) The position, asserted by some physicians, 
that the unborn child is incapable of experiencing 
pain until a point later in pregnancy than 20 weeks 
after fertilization predominately rests on the assump-
tion that the ability to experience pain depends on 
the cerebral cortex and requires nerve connections be-
tween the thalamus and the cortex. However, recent 
medical research and analysis, especially since 2007, 
provides strong evidence for the conclusion that a 
functioning cortex is not necessary to experience pain. 
(7) Substantial evidence indicates that children 
born missing the bulk of the cerebral cortex, those 
with hydranencephaly, nevertheless experience pain. 
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(8) In adult humans and in animals, stimula-
tion or ablation of the cerebral cortex does not alter 
pain perception, while stimulation or ablation of the 
thalamus does. 
(9) Substantial evidence indicates that structures 
used for pain processing in early development differ 
from those of adults, using different neural elements 
available at specific times during development, such 
as the subcortical plate, to fulfill the role of pain 
processing. 
(10) The position, asserted by some commenta-
tors, that the unborn child remains in a coma-like 
sleep state that precludes the unborn child experi-
encing pain is inconsistent with the documented reac-
tion of unborn children to painful stimuli and with 
the experience of fetal surgeons who have found it nec-
essary to sedate the unborn child with anesthesia to 
prevent the unborn child from engaging in vigorous 
movement in reaction to invasive surgery. 
(11) Consequently, there is substantial medical 
evidence that an unborn child is capable of experi-
encing pain at least by 20 weeks after fertilization, if 
not earlier. 
(12) It is the purpose of the Congress to assert 
a compelling governmental interest in protecting the 
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lives of unborn children from the stage at which sub-
stantial medical evidence indicates that they are ca-
pable of feeling pain. 
(13) The compelling governmental interest in 
protecting the lives of unborn children from the stage 
at which substantial medical evidence indicates that 
they are capable of feeling pain is intended to be sep-
arate from and independent of the compelling govern-
mental interest in protecting the lives of unborn chil-
dren from the stage of viability, and neither govern-
mental interest is intended to replace the other. 
(14) Congress has authority to extend protection 
to pain-capable unborn children under the Supreme 
Court’s Commerce Clause precedents and under the 
Constitution’s grants of powers to Congress under the 
Equal Protection, Due Process, and Enforcement 
Clauses of the Fourteenth Amendment. 
SEC. 3. PAIN-CAPABLE UNBORN CHILD PROTECTION. 
(a) IN GENERAL.—Chapter 74 of title 18, United 
States Code, is amended by inserting after section 1531 the 
following: 
‘‘§ 1532. Pain-capable unborn child protection 
‘‘(a) UNLAWFUL
CONDUCT.—Notwithstanding any 
other provision of law, it shall be unlawful for any person 
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to perform an abortion or attempt to do so, unless in con-
formity with the requirements set forth in subsection (b). 
‘‘(b) REQUIREMENTS FOR ABORTIONS.— 
‘‘(1) The physician performing or attempting the 
abortion shall first make a determination of the prob-
able post-fertilization age of the unborn child or rea-
sonably rely upon such a determination made by an-
other physician. In making such a determination, the 
physician shall make such inquiries of the pregnant 
woman and perform or cause to be performed such 
medical examinations and tests as a reasonably pru-
dent physician, knowledgeable about the case and the 
medical conditions involved, would consider necessary 
to make an accurate determination of post-fertiliza-
tion age. 
‘‘(2)(A) Except as provided in subparagraph 
(B), the abortion shall not be performed or attempted, 
if the probable post-fertilization age, as determined 
under paragraph (1), of the unborn child is 20 weeks 
or greater. 
‘‘(B) Subject to subparagraph (C), subparagraph 
(A) does not apply if, in reasonable medical judg-
ment, the abortion is necessary to save the life of a 
pregnant woman whose life is endangered by a phys-
ical disorder, physical illness, or physical injury, in-
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cluding a life-endangering physical condition caused 
by or arising from the pregnancy itself, but not in-
cluding psychological or emotional conditions. 
‘‘(C) Notwithstanding the definitions of ‘abor-
tion’ and ‘attempt an abortion’ in this section, a phy-
sician terminating or attempting to terminate a preg-
nancy under the exception provided by subparagraph 
(B) may do so only in the manner which, in reason-
able medical judgment, provides the best opportunity 
for the unborn child to survive, unless, in reasonable 
medical judgment, termination of the pregnancy in 
that manner would pose a greater risk of— 
‘‘(i) the death of the pregnant woman; or 
‘‘(ii) the substantial and irreversible phys-
ical impairment of a major bodily function, not 
including psychological or emotional conditions, 
of the pregnant woman; 
than would other available methods. 
‘‘(c) CRIMINAL PENALTY.—Whoever violates subsection 
(a) shall be fined under this title or imprisoned for not more 
than 5 years, or both. 
‘‘(d) BAR TO PROSECUTION.—A woman upon whom 
an abortion in violation of subsection (a) is performed or 
attempted may not be prosecuted under, or for a conspiracy 
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