HR 36 PCS
‘‘(iii) RULE
OF
CONSTRUCTION
IN 
CASES
OF
REPORTS
TO
LAW
ENFORCE-
MENT.—The requirements of subparagraph 
(B)(ii) do not apply if the rape has been 
reported at any time prior to the abortion 
to a law enforcement agency or Depart-
ment of Defense victim assistance per-
sonnel. 
‘‘(iv) COMPLIANCE
WITH
CERTAIN 
STATE LAWS.— 
‘‘(I) STATE
LAWS
REGARDING 
REPORTING OF RAPE AND INCEST.— 
The physician who performs or at-
tempts to perform an abortion under 
an exception provided by subpara-
graph (B) shall comply with such ap-
plicable State laws that are in effect 
as the State’s Attorney General may 
designate, regarding reporting re-
quirements in cases of rape or incest. 
‘‘(II) STATE
LAWS
REGARDING 
PARENTAL INVOLVEMENT.—The phy-
sician who intends to perform an 
abortion on a minor under an excep-
tion provided by subparagraph (B) 
VerDate Sep 11 2014 
22:03 Sep 16, 2015
Jkt 049200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H36.PCS
H36
mstockstill on DSK4VPTVN1PROD with BILLS
HR 36 PCS
shall comply with any applicable State 
laws requiring parental involvement in 
a minor’s decision to have an abor-
tion. 
‘‘(c) CRIMINAL PENALTY.—Whoever violates sub-
section (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 con-
spiracy to violate, subsection (a), or for an offense under 
section 2, 3, or 4 of this title based on such a violation. 
‘‘(e) CIVIL REMEDIES.— 
‘‘(1) CIVIL ACTION BY A WOMAN ON WHOM AN 
ABORTION IS PERFORMED.—A woman upon whom 
an abortion has been performed or attempted in vio-
lation of any provision of this section may, in a civil 
action against any person who committed the viola-
tion, obtain appropriate relief. 
‘‘(2) CIVIL ACTION BY A PARENT OF A MINOR 
ON WHOM AN ABORTION IS PERFORMED.—A parent 
of a minor upon whom an abortion has been per-
formed or attempted under an exception provided for 
in subsection (b)(2)(B), and that was performed in 
violation of any provision of this section may, in a 
VerDate Sep 11 2014 
22:03 Sep 16, 2015
Jkt 049200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H36.PCS
H36
mstockstill on DSK4VPTVN1PROD with BILLS
HR 36 PCS
civil action against any person who committed the 
violation obtain appropriate relief, unless the preg-
nancy resulted from the plaintiff’s criminal conduct. 
‘‘(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; 
‘‘(B) statutory damages equal to three 
times the cost of the abortion; and 
‘‘(C) punitive damages. 
‘‘(4) 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. 
‘‘(5) ATTORNEYS FEES FOR DEFENDANT.—If a 
defendant in a civil action under this subsection pre-
vails and the court finds that the plaintiff’s suit was 
frivolous, the court shall award a reasonable attor-
ney’s fee in favor of the defendant against the plain-
tiff. 
‘‘(6) AWARDS AGAINST WOMAN.—Except under 
paragraph (5), in a civil action under this sub-
section, no damages, attorney’s fee or other mone-
VerDate Sep 11 2014 
22:03 Sep 16, 2015
Jkt 049200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H36.PCS
H36
mstockstill on DSK4VPTVN1PROD with BILLS
HR 36 PCS
tary relief may be assessed against the woman upon 
whom the abortion was performed or attempted. 
‘‘(f) DATA COLLECTION.— 
‘‘(1) DATA SUBMISSIONS.—Any physician who 
performs or attempts an abortion described in sub-
section (b)(2)(B) shall annually submit a summary 
of all such abortions to the National Center for 
Health Statistics (hereinafter referred to as the 
‘Center’) not later than 60 days after the end of the 
calendar year in which the abortion was performed 
or attempted. 
‘‘(2) CONTENTS OF SUMMARY.—The summary 
shall include the number of abortions performed or 
attempted on an unborn child who had a post-fer-
tilization age of 20 weeks or more and specify the 
following 
for 
each 
abortion 
under 
subsection 
(b)(2)(B)— 
‘‘(A) the probable post-fertilization age of 
the unborn child; 
‘‘(B) the method used to carry out the 
abortion; 
‘‘(C) the location where the abortion was 
conducted; 
VerDate Sep 11 2014 
22:03 Sep 16, 2015
Jkt 049200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H36.PCS
H36
mstockstill on DSK4VPTVN1PROD with BILLS
HR 36 PCS
‘‘(D) 
the 
exception 
under 
subsection 
(b)(2)(B) under which the abortion was con-
ducted; and 
‘‘(E) any incident of live birth resulting 
from the abortion. 
‘‘(3) EXCLUSIONS FROM DATA SUBMISSIONS.— 
A summary required under this subsection shall not 
contain any information identifying the woman 
whose pregnancy was terminated and shall be sub-
mitted consistent with the Health Insurance Port-
ability and Accountability Act of 1996 (42 U.S.C. 
1320d–2 note). 
‘‘(4) PUBLIC REPORT.—The Center shall annu-
ally issue a public report providing statistics by 
State for the previous year compiled from all of the 
summaries made to the Center under this sub-
section. The Center shall take care to ensure that 
none of the information included in the public re-
ports could reasonably lead to the identification of 
any pregnant woman upon whom an abortion was 
performed or attempted. The annual report shall be 
issued by July 1 of the calendar year following the 
year in which the abortions were performed or at-
tempted. 
VerDate Sep 11 2014 
22:03 Sep 16, 2015
Jkt 049200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\H36.PCS
H36
mstockstill on DSK4VPTVN1PROD with BILLS
HR 36 PCS
‘‘(g) DEFINITIONS.—In this section the following 
definitions 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 intentionally terminate the preg-
nancy of a woman known to be pregnant, with 
an intention other than— 
‘‘(i) after viability to produce a live 
birth and preserve the life and health of 
the child born alive; or 
‘‘(ii) to remove a dead unborn child. 
‘‘(2) ATTEMPT.—The term ‘attempt’, with re-
spect to an abortion, means conduct that, under the 
circumstances as the actor believes them to be, con-
stitutes a substantial step in a course of conduct 
planned to culminate in performing an abortion. 
‘‘(3) 
COUNSELING.—The 
term 
‘counseling’ 
means counseling provided by a counselor licensed 
by the State, or a victims rights advocate provided 
by a law enforcement agency. 
‘‘(4) FACILITY.—The term ‘facility’ means any 
medical or counseling group, center or clinic and in-
VerDate Sep 11 2014 
22:03 Sep 16, 2015
Jkt 049200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6201
E:\BILLS\H36.PCS
H36
mstockstill on DSK4VPTVN1PROD with BILLS
HR 36 PCS
cludes the entire legal entity, including any entity 
that controls, is controlled by, or is under common 
control with such facility. 
‘‘(5) FERTILIZATION.—The term ‘fertilization’ 
means the fusion of human spermatozoon with a 
human ovum. 
‘‘(6) MEDICAL TREATMENT.—The term ‘med-
ical treatment’ means treatment provided at a hos-
pital licensed by the State or operated under author-
ity of a Federal agency, at a medical clinic licensed 
by the State or operated under authority of a Fed-
eral agency, or from a personal physician licensed by 
the State. 
‘‘(7) MINOR.—The term ‘minor’ means an indi-
vidual who has not attained the age of 18 years. 
‘‘(8) PERFORM.—The term ‘perform’, with re-
spect to an abortion, includes inducing an abortion 
through a medical or chemical intervention including 
writing a prescription for a drug or device intended 
to result in an abortion. 
‘‘(9) PHYSICIAN.—The term ‘physician’ means 
a person licensed to practice medicine and surgery 
or osteopathic medicine and surgery, or otherwise le-
gally authorized to perform an abortion. 
VerDate Sep 11 2014 
22:03 Sep 16, 2015
Jkt 049200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6201
E:\BILLS\H36.PCS
H36
mstockstill on DSK4VPTVN1PROD with BILLS
HR 36 PCS
‘‘(10) 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. 
‘‘(11) 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 post-fertilization age of the un-
born child at the time the abortion is planned to be 
performed or induced. 
‘‘(12) REASONABLE MEDICAL JUDGMENT.—The 
term ‘reasonable medical judgment’ means a medical 
judgment that would be made by a reasonably pru-
dent physician, knowledgeable about the case and 
the treatment possibilities with respect to the med-
ical conditions involved. 
‘‘(13) UNBORN
CHILD.—The term ‘unborn 
child’ means an individual organism of the species 
homo sapiens, beginning at fertilization, until the 
point of being born alive as defined in section 8(b) 
of title 1. 
‘‘(14) WOMAN.—The term ‘woman’ means a fe-
male human being whether or not she has reached 
the age of majority.’’. 
VerDate Sep 11 2014 
22:03 Sep 16, 2015
Jkt 049200
PO 00000
Frm 00022
Fmt 6652
Sfmt 6201
E:\BILLS\H36.PCS
H36
mstockstill on DSK4VPTVN1PROD with BILLS
HR 36 PCS
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of chapter 74 of title 18, United States 
Code, is amended by adding at the end the following new 
item: 
‘‘1532. Pain-capable unborn child protection.’’. 
(c) CHAPTER HEADING AMENDMENTS.— 
(1) CHAPTER
HEADING
IN
CHAPTER.—The 
chapter heading for chapter 74 of title 18, United 
States Code, is amended by striking ‘‘Partial- 
Birth Abortions’’ and inserting ‘‘Abortions’’. 
(2) TABLE OF CHAPTERS FOR PART I.—The 
item relating to chapter 74 in the table of chapters 
at the beginning of part I of title 18, United States 
Code, is amended by striking ‘‘Partial-Birth Abor-
tions’’ and inserting ‘‘Abortions’’. 
Passed the House of Representatives May 13, 2015. 
Attest: 
KAREN L. HAAS, 
Clerk. 
VerDate Sep 11 2014 
22:03 Sep 16, 2015
Jkt 049200
PO 00000
Frm 00023
Fmt 6652
Sfmt 6201
E:\BILLS\H36.PCS
H36
mstockstill on DSK4VPTVN1PROD with BILLS
Calendar No. 230 
114TH CONGRESS 
1ST SESSION 
H. R. 36 
AN ACT 
To amend title 18, United States Code, to protect 
pain-capable unborn children, and for other pur-
poses. 
SEPTEMBER 16, 2015 
Read the second time and placed on the calendar 
VerDate Sep 11 2014 
22:03 Sep 16, 2015
Jkt 049200
PO 00000
Frm 00024
Fmt 6651
Sfmt 6651
E:\BILLS\H36.PCS
H36
mstockstill on DSK4VPTVN1PROD with BILLS