IB 
Union Calendar No. 461 
112TH CONGRESS 
2D SESSION 
H. R. 3803 
[Report No. 112–640, 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 
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 
VerDate Mar 15 2010 
03:55 Aug 01, 2012
Jkt 019200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6652
E:\BILLS\H3803.RH
H3803
smartinez on DSK6TPTVN1PROD with BILLS
JULY 31, 2012 
Additional sponsors: Mr. NEUGEBAUER, Mr. RIBBLE, Mr. MCINTYRE, Mr. 
JOHNSON of Ohio, Mr. GUTHRIE, Mr. LONG, Mr. MILLER of Florida, 
Mrs. BLACK, Mr. BONNER, Mrs. BLACKBURN, Mr. GRAVES of Missouri, 
Mr. SAM JOHNSON of Texas, Mr. BARLETTA, Mr. GRIFFIN of Arkansas, 
Mr. KING of New York, Mr. CARTER, Mr. BISHOP of Utah, Mr. CON-
AWAY, Mrs. ADAMS, Mr. SCHILLING, Mr. LATTA, Mr. WILSON of South 
Carolina, Mr. COLE, Mr. KLINE, Mr. PETERSON, Mr. BROUN of Georgia, 
Mr. WOMACK, Mr. GOODLATTE, Mr. FINCHER, Mr. POMPEO, Mr. 
MCCOTTER, Mrs. EMERSON, Mr. CHABOT, Mr. YODER, Mr. PALAZZO, 
Mr. QUAYLE, Ms. JENKINS, Mr. CALVERT, Mr. WESTMORELAND, Mr. 
BURTON of Indiana, Mr. DUFFY, Mr. BUCHANAN, Mr. CASSIDY, Mr. 
BRADY of Texas, Mr. GRAVES of Georgia, Mr. CHAFFETZ, Mr. HUNTER, 
Mr. LUETKEMEYER, Mr. MCHENRY, Mr. CRAVAACK, Mr. STUTZMAN, Mr. 
BARTLETT, Mr. KING of Iowa, Mr. RAHALL, Mr. SCHOCK, Mr. DUNCAN 
of South Carolina, Mr. BENISHEK, Mr. FORBES, Mr. ALEXANDER, Mr. 
CRAWFORD, Mr. PEARCE, Mr. WOODALL, Mr. TERRY, Mr. DUNCAN of 
Tennessee, Mr. FARENTHOLD, Mr. MULVANEY, Mr. BURGESS, Mr. ROS-
KAM, Mr. SCOTT of South Carolina, Mr. ROYCE, Mr. STIVERS, Mr. ROG-
ERS of Michigan, Mr. BERG, Mr. PETRI, Mr. AUSTRIA, Mr. SULLIVAN, 
Mr. CAMP, Mr. SENSENBRENNER, Mrs. MYRICK, Mr. COBLE, Mr. GOSAR, 
Mr. LUCAS, Mr. FLAKE, Mr. KINZINGER of Illinois, Mr. COSTELLO, Mr. 
RYAN of Wisconsin, Mr. OLSON, Mr. RIVERA, Mr. GIBBS, Mr. BILIRAKIS, 
Mr. POSEY, Mr. SHIMKUS, Mrs. MCMORRIS RODGERS, Mrs. NOEM, Mr. 
MARINO, Mr. UPTON, Mr. HARPER, Mr. FLEISCHMANN, Mr. SIMPSON, 
Mr. FLORES, Mr. CAMPBELL, Mr. GINGREY of Georgia, Mr. SMITH of 
Nebraska, Mr. YOUNG of Indiana, Mr. ROKITA, Mr. ROONEY, Mr. 
MCCLINTOCK, Mr. MCCAUL, Mr. LABRADOR, Mr. DAVIS of Kentucky, 
Mr. STEARNS, Mr. TIBERI, Mr. CULBERSON, Mrs. MILLER of Michigan, 
Mr. GARRETT, Mr. HECK, Mr. LATOURETTE, Ms. FOXX, Mr. POE of 
Texas, Mr. HALL, Mr. GARDNER, Mr. COFFMAN of Colorado, Ms. 
BUERKLE, Mr. PRICE of Georgia, Mr. LATHAM, Mr. MICA, Mr. CREN-
SHAW, Mr. AMODEI, Mr. RENACCI, Mr. SESSIONS, Mr. NUGENT, Mr. 
YOUNG of Florida, Mr. TURNER of Ohio, Mr. DIAZ-BALART, Mr. GALLE-
GLY, Mr. LEWIS of California, Mr. WHITFIELD, Mr. WEST, Mr. RIGELL, 
Mr. HENSARLING, Mr. THOMPSON of Pennsylvania, Mr. WITTMAN, Mr. 
BROOKS, Mr. HURT, Mr. GARY G. MILLER of California, Mr. YOUNG of 
Alaska, Mr. REHBERG, Mr. TURNER of New York, Mr. THORNBERRY, 
Mr. SHUSTER, Mr. DENHAM, Mr. GRIMM, Mr. WOLF, Ms. ROS- 
LEHTINEN, Mr. PLATTS, Mr. BOREN, Mr. REED, Mr. WALSH of Illinois, 
Mr. BARTON of Texas, Mr. ROHRABACHER, Mr. GUINTA, Mr. DANIEL E. 
LUNGREN of California, Mr. NUNES, Mr. PAULSEN, Mr. GERLACH, Mr. 
LANCE, Mr. GRIFFITH of Virginia, Mr. WEBSTER, Mr. MACK, Mr. 
FITZPATRICK, Mr. HASTINGS of Washington, Mr. LOBIONDO, and Mr. 
TIPTON 
VerDate Mar 15 2010 
03:55 Aug 01, 2012
Jkt 019200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6652
E:\BILLS\H3803.RH
H3803
smartinez on DSK6TPTVN1PROD with BILLS
JULY 31, 2012 
Reported from the Committee on the Judiciary with an amendment 
[Strike out all after the enacting clause and insert the part printed in italic] 
JULY 31, 2012 
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 January 23, 2012] 
VerDate Mar 15 2010 
03:55 Aug 01, 2012
Jkt 019200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6652
E:\BILLS\H3803.RH
H3803
smartinez on DSK6TPTVN1PROD with BILLS
A BILL 
To amend title 18, United States Code, to protect pain- 
capable unborn children in the District of Columbia, 
and for other purposes. 
VerDate Mar 15 2010 
03:55 Aug 01, 2012
Jkt 019200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6652
E:\BILLS\H3803.RH
H3803
smartinez on DSK6TPTVN1PROD with BILLS
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 ‘‘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 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-
fects, such as altered pain sensitivity and, possibly, 
VerDate Mar 15 2010 
03:55 Aug 01, 2012
Jkt 019200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6203
E:\BILLS\H3803.RH
H3803
smartinez on DSK6TPTVN1PROD with BILLS
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. 
(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 as-
sumption that the ability to experience pain depends 
on the cerebral cortex and requires nerve connections 
between 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. 
(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. 
VerDate Mar 15 2010 
03:55 Aug 01, 2012
Jkt 019200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6203
E:\BILLS\H3803.RH
H3803
smartinez on DSK6TPTVN1PROD with BILLS
(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 
lives of unborn children from the stage at which sub-
stantial medical evidence indicates that they are ca-
pable of feeling pain. 
VerDate Mar 15 2010 
03:55 Aug 01, 2012
Jkt 019200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6203
E:\BILLS\H3803.RH
H3803
smartinez on DSK6TPTVN1PROD with BILLS
(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) The District Council of the District of Co-
lumbia, operating under authority delegated by Con-
gress, repealed the entire District law limiting abor-
tions, effective April 29, 2004, so that in the District 
of Columbia, abortion is now legal, for any reason, 
until the moment of birth. 
(15) Article I, section 8 of the Constitution of the 
United States of America provides that the Congress 
shall ‘‘exercise exclusive Legislation in all Cases what-
soever’’ over the District established as the seat of gov-
ernment of the United States, now known as the Dis-
trict of Columbia. The constitutional responsibility 
for the protection of pain-capable unborn children 
within the Federal District resides with the Congress. 
VerDate Mar 15 2010 
03:55 Aug 01, 2012
Jkt 019200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6203
E:\BILLS\H3803.RH
H3803
smartinez on DSK6TPTVN1PROD with BILLS
SEC. 3. DISTRICT OF COLUMBIA 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. District of Columbia pain-capable unborn 
child protection 
‘‘(a) UNLAWFUL
CONDUCT.—Notwithstanding any 
other provision of law, including any legislation of the Dis-
trict of Columbia under authority delegated by Congress, 
it shall be unlawful for any person to perform an abortion 
within the District of Columbia, or attempt to do so, unless 
in conformity 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 
VerDate Mar 15 2010 
03:55 Aug 01, 2012
Jkt 019200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6203
E:\BILLS\H3803.RH
H3803
smartinez on DSK6TPTVN1PROD with BILLS
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-
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 
VerDate Mar 15 2010 
03:55 Aug 01, 2012
Jkt 019200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6203
E:\BILLS\H3803.RH
H3803
smartinez on DSK6TPTVN1PROD with BILLS
‘‘(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 2 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 
to violate, subsection (a), or for an offense under section 
2, 3, or 4 based on such a violation. 
‘‘(e) CIVIL REMEDIES.— 
‘‘(1) CIVIL ACTION BY WOMAN ON WHOM THE 
ABORTION IS PERFORMED.—A woman upon whom an 
abortion has been performed or attempted in violation 
of subsection (a), may in a civil action against any 
person who engaged in the violation obtain appro-
priate relief. 
‘‘(2) CIVIL ACTION BY RELATIVES.—The father of 
an unborn child who is the subject of an abortion per-
formed or attempted in violation of subsection (a), or 
a maternal grandparent of the unborn child if the 
pregnant woman is an unemancipated minor, may in 
VerDate Mar 15 2010 
03:55 Aug 01, 2012
Jkt 019200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6203
E:\BILLS\H3803.RH
H3803
smartinez on DSK6TPTVN1PROD with BILLS
a civil action against any person who engaged in the 
violation, obtain appropriate relief, unless the preg-
nancy resulted from the plaintiff’s criminal conduct 
or the plaintiff consented to the abortion. 
‘‘(3) APPROPRIATE RELIEF.—Appropriate relief 
in a civil action under this subsection includes— 
‘‘(A) objectively verifiable money damages 
for all injuries, psychological and physical, occa-
sioned by the violation of this section; 
‘‘(B) statutory damages equal to three times 
the cost of the abortion; and 
‘‘(C) punitive damages. 
‘‘(4) INJUNCTIVE RELIEF.— 
‘‘(A) IN
GENERAL.—A qualified plaintiff 
may in a civil action obtain injunctive relief to 
prevent an abortion provider from performing or 
attempting further abortions in violation of this 
section. 
‘‘(B) DEFINITION.—In this paragraph the 
term ‘qualified plaintiff’ means— 
‘‘(i) a woman upon whom an abortion 
is performed or attempted in violation of 
this section; 
‘‘(ii) any person who is the spouse, 
parent, sibling or guardian of, or a current 
VerDate Mar 15 2010 
03:55 Aug 01, 2012
Jkt 019200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6203
E:\BILLS\H3803.RH
H3803
smartinez on DSK6TPTVN1PROD with BILLS
or former licensed health care provider of, 
that woman; or 
‘‘(iii) the United States Attorney for 
the District of Columbia. 
‘‘(5) ATTORNEYS
FEES
FOR
PLAINTIFF.—The 
court shall award a reasonable attorney’s fee as part 
of the costs to a prevailing plaintiff in a civil action 
under this subsection. 
‘‘(6) ATTORNEYS FEES FOR DEFENDANT.—If a 
defendant in a civil action under this section prevails 
and the court finds that the plaintiff’s suit was frivo-
lous and brought in bad faith, the court shall also 
render judgment for a reasonable attorney’s fee in 
favor of the defendant against the plaintiff. 
‘‘(7) AWARDS AGAINST WOMAN.—Except under 
paragraph (6), in a civil action under this subsection, 
no damages, attorney’s fee or other monetary relief 
may be assessed against the woman upon whom the 
abortion was performed or attempted. 
‘‘(f) PROTECTION
OF
PRIVACY
IN
COURT
PRO-
CEEDINGS.— 
‘‘(1) IN GENERAL.—Except to the extent the Con-
stitution or other similarly compelling reason re-
quires, in every civil or criminal action under this 
section, the court shall make such orders as are nec-
VerDate Mar 15 2010 
03:55 Aug 01, 2012
Jkt 019200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6203
E:\BILLS\H3803.RH
H3803
smartinez on DSK6TPTVN1PROD with BILLS
essary to protect the anonymity of any woman upon 
whom an abortion has been performed or attempted 
if she does not give her written consent to such disclo-
sure. Such orders may be made upon motion, but 
shall be made sua sponte if not otherwise sought by 
a party. 
‘‘(2) ORDERS
TO
PARTIES, WITNESSES, AND 
COUNSEL.—The court shall issue appropriate orders 
under paragraph (1) to the parties, witnesses, and 
counsel and shall direct the sealing of the record and 
exclusion of individuals from courtrooms or hearing 
rooms to the extent necessary to safeguard her iden-
tity from public disclosure. Each such order shall be 
accompanied by specific written findings explaining 
why the anonymity of the woman must be preserved 
from public disclosure, why the order is essential to 
that end, how the order is narrowly tailored to serve 
that interest, and why no reasonable less restrictive 
alternative exists. 
‘‘(3) PSEUDONYM REQUIRED.—In the absence of 
written consent of the woman upon whom an abortion 
has been performed or attempted, any party, other 
than a public official, who brings an action under 
paragraphs (1), (2), or (4) of subsection (e) shall do 
so under a pseudonym. 
VerDate Mar 15 2010 
03:55 Aug 01, 2012
Jkt 019200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6203
E:\BILLS\H3803.RH
H3803
smartinez on DSK6TPTVN1PROD with BILLS
‘‘(4) LIMITATION.—This subsection shall not be 
construed to conceal the identity of the plaintiff or of 
witnesses from the defendant or from attorneys for the 
defendant. 
‘‘(g) REPORTING.— 
‘‘(1) DUTY
TO
REPORT.—Any physician who 
performs or attempts an abortion within the District 
of Columbia shall report that abortion to the relevant 
District of Columbia health agency (hereinafter in 
this section referred to as the ‘health agency’) on a 
schedule and in accordance with forms and regula-
tions prescribed by the health agency. 
‘‘(2) CONTENTS OF REPORT.—The report shall 
include the following: 
‘‘(A) POST-FERTILIZATION
AGE.—For the 
determination of probable postfertilization age of 
the unborn child, whether ultrasound was em-
ployed in making the determination, and the 
week of probable post-fertilization age that was 
determined. 
‘‘(B) METHOD OF ABORTION.—Which of the 
following methods or combination of methods 
was employed: 
VerDate Mar 15 2010 
03:55 Aug 01, 2012
Jkt 019200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6203
E:\BILLS\H3803.RH
H3803
smartinez on DSK6TPTVN1PROD with BILLS
‘‘(C) AGE OF WOMAN.—The age or approxi-
mate age of the pregnant woman. 
‘‘(D) COMPLIANCE
WITH
REQUIREMENTS 
FOR EXCEPTION.—The facts relied upon and the 
basis for any determinations required to estab-
lish compliance with the requirements for the ex-
ception provided by subsection (b)(2). 
‘‘(3) EXCLUSIONS FROM REPORTS.— 
‘‘(A) A report required under this subsection 
shall not contain the name or the address of the 
woman whose pregnancy was terminated, nor 
shall the report contain any other information 
identifying the woman. 
‘‘(B) Such report shall contain a unique 
Medical Record Number, to enable matching the 
report to the woman’s medical records. 
‘‘(C) Such reports shall be maintained in 
strict confidence by the health agency, shall not 
be available for public inspection, and shall not 
be made available except— 
‘‘(i) to the United States Attorney for 
the District of Columbia or that Attorney’s 
delegate for a criminal investigation or a 
civil investigation of conduct that may vio-
late this section; or 
VerDate Mar 15 2010 
03:55 Aug 01, 2012
Jkt 019200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6203
E:\BILLS\H3803.RH
H3803
smartinez on DSK6TPTVN1PROD with BILLS
‘‘(ii) pursuant to court order in an ac-
tion under subsection (e). 
‘‘(4) PUBLIC REPORT.—Not later than June 30 
of each year beginning after the date of enactment of 
this paragraph, the health agency shall issue a public 
report providing statistics for the previous calendar 
year compiled from all of the reports made to the 
health agency under this subsection for that year for 
each of the items listed in paragraph (2). The report 
shall also provide the statistics for all previous cal-
endar years during which this section was in effect, 
adjusted to reflect any additional information from 
late or corrected reports. The health agency shall take 
care to ensure that none of the information included 
in the public reports could reasonably lead to the 
identification of any pregnant woman upon whom an 
abortion was performed or attempted. 
‘‘(5) FAILURE TO SUBMIT REPORT.— 
‘‘(A) LATE FEE.—Any physician who fails 
to submit a report not later than 30 days after 
the date that report is due shall be subject to a 
late fee of $1,000 for each additional 30-day pe-
riod or portion of a 30-day period the report is 
overdue. 
VerDate Mar 15 2010 
03:55 Aug 01, 2012
Jkt 019200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6203
E:\BILLS\H3803.RH
H3803
smartinez on DSK6TPTVN1PROD with BILLS
‘‘(B) COURT ORDER TO COMPLY.—A court 
of competent jurisdiction may, in a civil action 
commenced by the health agency, direct any phy-
sician whose report under this subsection is still 
not filed as required, or is incomplete, more than 
180 days after the date the report was due, to 
comply with the requirements of this section 
under penalty of civil contempt. 
‘‘(C) DISCIPLINARY ACTION.—Intentional or 
reckless failure by any physician to comply with 
any requirement of this subsection, other than 
late filing of a report, constitutes sufficient cause 
for any disciplinary sanction which the Health 
Professional Licensing Administration of the 
District of Columbia determines is appropriate, 
including suspension or revocation of any license 
granted by the Administration. 
‘‘(6) FORMS AND REGULATIONS.—Not later than 
90 days after the date of the enactment of this section, 
the health agency shall prescribe forms and regula-
tions to assist in compliance with this subsection. 
‘‘(7) EFFECTIVE
DATE
OF
REQUIREMENT.— 
Paragraph (1) of this subsection takes effect with re-
spect to all abortions performed on and after the first 
VerDate Mar 15 2010 
03:55 Aug 01, 2012
Jkt 019200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6203
E:\BILLS\H3803.RH
H3803
smartinez on DSK6TPTVN1PROD with BILLS
day of the first calendar month beginning after the ef-
fective date of such forms and regulations. 
‘‘(h) DEFINITIONS.—In this section the following defi-
nitions apply: 
‘‘(1) ABORTION.—The term ‘abortion’ means the 
use or prescription of any instrument, medicine, 
drug, or any other substance or device— 
‘‘(A) to intentionally kill the unborn child 
of a woman known to be pregnant; or 
‘‘(B) to otherwise intentionally terminate 
the pregnancy of a woman known to be pregnant 
with an intention other than to increase the 
probability of a live birth, to preserve the life or 
health of the child after live birth, or to remove 
a dead unborn child who died as the result of 
natural causes in utero, accidental trauma, or a 
criminal assault on the pregnant woman or her 
unborn child, and which causes the premature 
termination of the pregnancy. 
‘‘(2) ATTEMPT
AN
ABORTION.—The term ‘at-
tempt’, with respect to an abortion, means conduct 
that, under the circumstances as the actor believes 
them to be, constitutes a substantial step in a course 
of conduct planned to culminate in performing an 
abortion in the District of Columbia. 
VerDate Mar 15 2010 
03:55 Aug 01, 2012
Jkt 019200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6203
E:\BILLS\H3803.RH
H3803
smartinez on DSK6TPTVN1PROD with BILLS
‘‘(3) FERTILIZATION.—The term ‘fertilization’ 
means the fusion of human spermatozoon with a 
human ovum. 
‘‘(4) HEALTH AGENCY.—The term ‘health agen-
cy’ means the Department of Health of the District of 
Columbia or any successor agency responsible for the 
regulation of medical practice. 
‘‘(5) PERFORM.—The term ‘perform’, with re-
spect to an abortion, includes induce an abortion 
through a medical or chemical intervention including 
writing a prescription for a drug or device intended 
to result in an abortion. 
‘‘(6) PHYSICIAN.—The term ‘physician’ means a 
person licensed to practice medicine and surgery or 
osteopathic medicine and surgery, or otherwise li-
censed to legally perform an abortion. 
‘‘(7) POST-FERTILIZATION AGE.—The term ‘post- 
fertilization age’ means the age of the unborn child as 
calculated from the fusion of a human spermatozoon 
with a human ovum. 
‘‘(8) PROBABLE
POST-FERTILIZATION
AGE
OF 
THE UNBORN CHILD.—The term ‘probable post-fer-
tilization age of the unborn child’ means what, in 
reasonable medical judgment, will with reasonable 
probability be the postfertilization age of the unborn 
VerDate Mar 15 2010 
03:55 Aug 01, 2012
Jkt 019200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6203
E:\BILLS\H3803.RH
H3803
smartinez on DSK6TPTVN1PROD with BILLS