I 
112TH CONGRESS 
2D SESSION 
H. R. 3803 
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 
JANUARY 23, 2012 
Mr. FRANKS of Arizona (for himself, Mr. AKIN, Mr. GOHMERT, Mr. FLEMING, 
Mr. WALBERG, Mr. HUELSKAMP, Mr. PITTS, Mr. LAMBORN, Mr. SMITH 
of Texas, Mr. KINGSTON, Mr. SMITH of New Jersey, Mr. SOUTHERLAND, 
Mrs. SCHMIDT, Mr. ADERHOLT, Mr. HARRIS, Mr. BUCSHON, Mr. PENCE, 
Mr. HULTGREN, Mr. BOUSTANY, Mr. ROGERS of Alabama, Mr. MAN-
ZULLO, Mr. ROSS of Florida, Mrs. HARTZLER, Mr. FORTENBERRY, Mr. 
HERGER, Mr. CANSECO, Mr. LANKFORD, Mrs. LUMMIS, Mr. AUSTIN 
SCOTT of Georgia, Mr. ROE of Tennessee, Mr. NUNNELEE, Mr. MARCH-
ANT, Mr. HUIZENGA of Michigan, Mr. MURPHY of Pennsylvania, Mr. 
JONES, Mr. LANDRY, Mr. BACHUS, Mr. ROGERS of Kentucky, Mrs. 
ROBY, Mr. MCKINLEY, Mr. LIPINSKI, Mr. KELLY, Mr. GOWDY, Mr. JOR-
DAN, Mrs. BACHMANN, Mrs. ELLMERS, Mr. AMASH, Mr. ISSA, Mr. 
SCHWEIKERT, and Mr. SCALISE) introduced the following bill; which was 
referred to the Committee on the Judiciary, and in addition to the Com-
mittee on Oversight and Government Reform, for a period to be subse-
quently determined by the Speaker, in each case for consideration of such 
provisions as fall within the jurisdiction of the committee concerned 
A BILL 
To amend title 18, United States Code, to protect pain- 
capable unborn children in the District of Columbia, 
and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘District of Columbia 
Pain-Capable Unborn Child Protection Act’’. 
SEC. 2. LEGISLATIVE FINDINGS. 
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 subcortical plate by no later than 20 weeks after 
fertilization. 
(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 recoiling. 
(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-
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 
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is associated with a decrease in stress hormones 
compared to their level when painful stimuli are ap-
plied without such anesthesia. 
(6) The position, asserted by some medical ex-
perts, that the unborn child is incapable of experi-
encing pain until a point later in pregnancy than 20 
weeks after fertilization predominately rests on the 
assumption that the ability to experience pain de-
pends on the cerebral cortex and requires nerve con-
nections between the thalamus and the cortex. How-
ever, recent medical research and analysis, especially 
since 2007, provides strong evidence for the conclu-
sion that a functioning cortex is not necessary to ex-
perience pain. 
(7) Substantial evidence indicates that children 
born missing the bulk of the cerebral cortex, those 
with hydranencephaly, nevertheless experience pain. 
(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 struc-
tures used for pain processing in early development 
differ from those of adults, using different neural 
elements available at specific times during develop-
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ment, 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 re-
action of unborn children to painful stimuli and with 
the experience of fetal surgeons who have found it 
necessary to sedate the unborn child with anesthesia 
to prevent the unborn child from engaging in vig-
orous 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 
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 separate from and independent of the compelling 
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