(6) Medical science is capable of reducing such 
pain through the administration of anesthesia or 
other pain-reducing drugs directly to the unborn 
child. 
(7) There is a valid Federal Government inter-
est in preventing or reducing the infliction of pain 
on sentient creatures. Examples of this are laws gov-
erning the use of laboratory animals and requiring 
pain-free methods of slaughtering livestock, which 
include, but are not limited to the following: 
(A) Section 2 of the Act commonly known 
as the Humane Slaughter Act of 1958 (Public 
Law 85–765; 7 U.S.C. 1902) states, ‘‘No meth-
od of slaughter or handling in connection with 
slaughtering shall be deemed to comply with the 
public policy of the United States unless it is 
humane. Either of the following two methods of 
slaughtering and handling are hereby found to 
be humane— 
‘‘(i) in the case of cattle, calves, 
horses, mules, sheep, swine, and other live-
stock, all animals are rendered insensible 
to pain by a single blow or gunshot or an 
electrical, chemical or other means that is 
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rapid and effective, before being shackled, 
hoisted, thrown, cast, or cut; or 
‘‘(ii) by slaughtering in accordance 
with the ritual requirements of the Jewish 
faith or any other religious faith that pre-
scribes a method of slaughter whereby the 
animal suffers loss of consciousness by 
anemia of the brain caused by the simulta-
neous and instantaneous severance of the 
carotid arteries with a sharp instrument 
and handling in connection with such 
slaughtering.’’. 
(B) Section 13(a)(3) of the Animal Wel-
fare Act (7 U.S.C. 2143(a)(3)) sets the stand-
ards and certification process for the humane 
handling, care, treatment, and transportation of 
animals. This includes having standards with 
respect to animals in research facilities that in-
clude requirements— 
(i) for animal care, treatment, and 
practices in experimental procedures to en-
sure that animal pain and distress are 
minimized, including adequate veterinary 
care with the appropriate use of anesthetic, 
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analgesic, tranquilizing drugs, or eutha-
nasia; 
(ii) that the principal investigator con-
siders alternatives to any procedure likely 
to produce pain to or distress in an experi-
mental animal; and 
(iii) in any practice which could cause 
pain to animals— 
(I) that a doctor of veterinary 
medicine is consulted in the planning 
of such procedures; 
(II) for the use of tranquilizers, 
analgesics, and anesthetics; 
(III) for pre-surgical and post- 
surgical care by laboratory workers, in 
accordance with established veterinary 
medical and nursing procedures; 
(IV) against the use of paralytics 
without anesthesia; and 
(V) that the withholding of tran-
quilizers, anesthesia, analgesia, or eu-
thanasia when scientifically necessary 
shall continue for only the necessary 
period of time. 
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(C) Section 495 of the Public Health Serv-
ice Act (42 U.S.C. 289d) directs the Secretary 
of Health and Human Services, acting through 
the Director of the National Institutes of 
Health, to establish guidelines for research fa-
cilities as to the proper care and treatment of 
animals, including the appropriate use of tran-
quilizers, analgesics, and other drugs, except 
that such guidelines may not prescribe methods 
of research. Entities that conduct biomedical 
and behavioral research with National Insti-
tutes of Health funds must establish animal 
care committees which must conduct reviews at 
least semiannually and report to the Director of 
such Institutes at least annually. If the Director 
determines that an entity has not been fol-
lowing the guidelines, the Director must give 
the entity an opportunity to take corrective ac-
tion, and, if the entity does not, the Director 
must suspend or revoke the grant or contract 
involved. 
(8) There is a valid Federal Government inter-
est in preventing harm to developing human life at 
all stages. Examples of this include regulations pro-
tecting fetal human subjects from risks of ‘‘harm or 
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discomfort’’ in federally funded biomedical research, 
45 C.F.R. 102(i) and 45 C.F.R. 46.201 et seq. 
SEC. 3. AMENDMENT TO THE PUBLIC HEALTH SERVICE 
ACT. 
The Public Health Service Act (42 U.S.C. 201 et 
seq.) is amended by adding at the end the following: 
‘‘TITLE XXIX—UNBORN CHILD 
PAIN AWARENESS 
‘‘SEC. 2901. DEFINITIONS. 
‘‘In this title: 
‘‘(1) ABORTION.—The term ‘abortion’ means 
the intentional use or prescription of any instru-
ment, medicine, drug, or any other substance or de-
vice or method to terminate the life of an unborn 
child, or to terminate the pregnancy of a woman 
known to be pregnant with an intention other 
than— 
‘‘(A) to produce a live birth and preserve 
the life and health of the child after live birth; 
or 
‘‘(B) to remove an ectopic pregnancy, or to 
remove a dead unborn child who died as the re-
sult of a spontaneous abortion, accidental trau-
ma or a criminal assault on the pregnant fe-
male or her unborn child. 
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