(C) Section 495 of the Public Health Serv-
ice Act (42 U.S.C. 289d) directs the Secretary 
of Health and Human Services, acting through 
the Director of the National Institutes of 
Health, to establish guidelines for research fa-
cilities as to the proper care and treatment of 
animals, including the appropriate use of tran-
quilizers, analgesics, and other drugs, except 
that such guidelines may not prescribe methods 
of research. Entities that conduct biomedical 
and behavioral research with National Insti-
tutes of Health funds must establish animal 
care committees which must conduct reviews at 
least semi-annually and report to the Director 
of such Institutes at least annually. If the Di-
rector determines that an entity has not been 
following the guidelines, the Director must give 
the entity an opportunity to take corrective ac-
tion, and, if the entity does not, the Director 
must suspend or revoke the grant or contract 
involved. 
SEC. 3. AMENDMENT TO THE PUBLIC HEALTH SERVICE 
ACT. 
The Public Health Service Act (42 U.S.C. 201 et 
seq.) is amended by adding at the end the following:
‘‘TITLE XXIX—UNBORN CHILD 
PAIN AWARENESS 
‘‘SEC. 2901. DEFINITIONS. 
‘‘In this title: 
‘‘(1) ABORTION.—The term ‘abortion’ means 
the intentional use or prescription of any instru-
ment, medicine, drug, or any other substance or de-
vice to terminate the pregnancy of a woman known 
to be pregnant with an intention other than to in-
crease the probability of a live birth, to preserve the 
life or health of the child after live birth, or to re-
move a dead fetus. 
‘‘(2) ABORTION PROVIDER.—The term ‘abortion 
provider’ means any person legally qualified to per-
form an abortion under applicable Federal and State 
laws. 
‘‘(3) PAIN-CAPABLE UNBORN CHILD.— 
‘‘(A) IN GENERAL.—The term ‘pain-capa-
ble unborn child’ means an unborn child who 
has reached a probable stage of development of 
20 weeks after fertilization. 
‘‘(B) RULE OF CONSTRUCTION.—Nothing 
in subparagraph (A) shall be construed as a de-
termination or finding by Congress that pain 
may not in fact be experienced by an unborn
child at stages of development prior to 20 weeks 
after fertilization. 
‘‘(4) PROBABLE AGE OF DEVELOPMENT.—The 
term ‘probable age of development’ means the dura-
tion of development after fertilization of the unborn 
child at the time an abortion is performed, as deter-
mined in the good faith judgment of the abortion 
provider on the basis of examination of the unborn 
child using ultrasound or other imaging technology, 
in addition to information obtained by interviewing 
the pregnant woman. 
‘‘(5) UNBORN CHILD.—The term ‘unborn child’ 
means a member of the species homo sapiens, at any 
stage of development, who is carried in the womb. 
‘‘(6) WOMAN.—The term ‘woman’ means a fe-
male human being who is capable of becoming preg-
nant, whether or not she has reached the age of ma-
jority. 
‘‘SEC. 2902. REQUIREMENT OF INFORMED CONSENT. 
‘‘(a) REQUIREMENT
OF
COMPLIANCE
BY
PRO-
VIDERS.—An abortion provider performing any abortion, 
of a pain-capable unborn child, that is in or affecting 
interstate commerce shall comply with the requirements 
of this title. 
‘‘(b) PROVISION OF CONSENT.—
‘‘(1) IN GENERAL.—Before any part of an abor-
tion involving a pain-capable unborn child begins, 
the abortion provider or his or her agent shall pro-
vide the pregnant woman involved, by telephone or 
in person, with the information described in para-
graph (2). 
‘‘(2) REQUIRED INFORMATION.— 
‘‘(A) ORAL STATEMENT.— 
‘‘(i) IN GENERAL.—An abortion pro-
vider or the provider’s agent to whom 
paragraph (1) applies shall make the fol-
lowing oral statement to the pregnant 
woman (or in the case of a deaf or non- 
English speaking woman, provide the 
statement in a manner that she can easily 
understand): 
You are considering having an abortion of 
an unborn child who will have developed, 
at the time of the abortion, approximately 
ll weeks after fertilization. The Con-
gress of the United States has determined 
that at this stage of development, an un-
born child has the physical structures nec-
essary to experience pain. There is sub-
stantial evidence that by this point, unborn
children draw away from surgical instru-
ments in a manner which in an infant or 
an adult would be interpreted as a re-
sponse to pain. Congress finds that there 
is substantial evidence that the process of 
being killed in an abortion will cause the 
unborn child pain, even though you receive 
a pain-reducing drug or drugs. Under the 
Federal Unborn Child Pain Awareness Act 
of 2004, you have the option of choosing to 
have anesthesia or other pain-reducing 
drug or drugs administered directly to the 
pain-capable unborn child if you so desire. 
The purpose of administering such drug or 
drugs would be to reduce or eliminate the 
capacity of the unborn child to experience 
pain during the abortion procedure. In 
some cases, there may be some additional 
risk to you associated with administering 
such a drug. 
‘‘(ii) DESCRIPTION OF RISKS.—After 
making the statement required under 
clause (i), the abortion provider may pro-
vide the woman involved with his or her 
best medical judgment on the risks of ad-