to violate, subsection (a), or for an offense under section 
2, 3, or 4 of this title based on such a violation. 
‘‘(e) 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 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
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. 
‘‘(3) FERTILIZATION.—The term ‘fertilization’ 
means the fusion of human spermatozoon with a 
human ovum. 
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‘‘(4) 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. 
‘‘(5) PHYSICIAN.—The term ‘physician’ means a 
person licensed to practice medicine and surgery or 
osteopathic medicine and surgery, or otherwise legally 
authorized to perform an abortion. 
‘‘(6) 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. 
‘‘(7) 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 
child at the time the abortion is planned to be per-
formed or induced. 
‘‘(8) 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 
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treatment possibilities with respect to the medical 
conditions involved. 
‘‘(9) 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. 
‘‘(10) WOMAN.—The term ‘woman’ means a fe-
male human being whether or not she has reached the 
age of majority.’’. 
(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 chap-
ter 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 Abortions’’ 
and inserting ‘‘Abortions’’. 
Amend the title so as to read: ‘‘A bill to amend title 
18, United States Code, to protect pain-capable unborn 
children, and for other purposes.’’. 
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Union Calendar No. 77 
113TH CONGRESS 
1ST SESSION 
H. R. 1797 
[Report No. 113–109, Part I] 
A BILL 
To amend title 18, United States Code, to protect 
pain-capable unborn children in the District of 
Columbia, and for other purposes. 
JUNE 14, 2013 
Reported from the Committee on the Judiciary with 
amendments 
JUNE 14, 2013 
The Committee on Oversight and Government Reform 
discharged; committed to the Committee of the Whole 
House on the State of the Union and ordered to be 
printed 
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