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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-
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-
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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 
governmental interest in protecting the lives of un-
born children from the stage of viability, and neither 
governmental interest is intended to replace the 
other. 
(14) Congress has authority to extend protec-
tion to pain-capable unborn children under the Su-
preme Court’s Commerce Clause precedents and 
under the Constitution’s grants of powers to Con-
gress 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: 
‘‘SEC. 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) ASSESSMENT OF THE AGE OF THE UN-
BORN
CHILD.—The physician performing or at-
tempting the abortion shall first make a determina-
tion of the probable post-fertilization age of the un-
born child or reasonably rely upon such a determina-
tion made by another physician. In making such a 
determination, the physician shall make such inquir-
ies of the pregnant woman and perform or cause to 
be performed such medical examinations and tests 
as a reasonably prudent physician, knowledgeable 
about the case and the medical conditions involved, 
would consider necessary to make an accurate deter-
mination of post-fertilization age. 
‘‘(2) PROHIBITION ON PERFORMANCE OF CER-
TAIN ABORTIONS.— 
‘‘(A) GENERALLY FOR UNBORN CHILDREN 
20 WEEKS OR OLDER.—Except as provided in 
subparagraph (B), the abortion shall not be 
performed or attempted, if the probable post- 
fertilization age, as determined under para-
graph (1), of the unborn child is 20 weeks or 
greater. 
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‘‘(B) 
EXCEPTIONS.—Subparagraph 
(A) 
does not apply if— 
‘‘(i) in reasonable medical judgment, 
the abortion is necessary to save the life of 
a pregnant woman whose life is endan-
gered by a physical disorder, physical ill-
ness, or physical injury, including a life-en-
dangering physical condition caused by or 
arising from the pregnancy itself, but not 
including psychological or emotional condi-
tions; 
‘‘(ii) the pregnancy is the result of 
rape against an adult woman, and at least 
48 hours prior to the abortion— 
‘‘(I) she has obtained counseling 
for the rape; or 
‘‘(II) she has obtained medical 
treatment for the rape or an injury 
related to the rape; or 
‘‘(iii) the pregnancy is a result of rape 
against a minor or incest against a minor, 
and the rape or incest has been reported at 
any time prior to the abortion to either— 
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‘‘(I) a government agency legally 
authorized to act on reports of child 
abuse; or 
‘‘(II) a law enforcement agency. 
‘‘(C) REQUIREMENT
AS
TO
MANNER
OF 
PROCEDURE
PERFORMED.—Notwithstanding 
the definitions of ‘abortion’ and ‘attempt an 
abortion’ in this section, a physician termi-
nating or attempting to terminate a pregnancy 
under an exception provided by subparagraph 
(B) may do so only in the manner which, in 
reasonable medical judgment, provides the best 
opportunity for the unborn child to survive. 
‘‘(D) REQUIREMENT
THAT
A
PHYSICIAN 
TRAINED
IN
NEONATAL
RESUSCITATION
BE 
PRESENT.—If, in reasonable medical judgment, 
the pain-capable unborn child has the potential 
to survive outside the womb, the physician who 
performs or attempts an abortion under an ex-
ception provided by subparagraph (B) shall en-
sure a second physician trained in neonatal re-
suscitation is present and prepared to provide 
care to the child consistent with the require-
ments of subparagraph (E). 
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