I 
113TH CONGRESS 
1ST SESSION H. R. 1797 
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 
APRIL 26, 2013 
Mr. FRANKS of Arizona (for himself, Mr. SMITH of New Jersey, Mr. SCALISE, 
Mr. GOSAR, Mr. SCHWEIKERT, Mr. SALMON, Mr. JONES, Mr. CONAWAY, 
Mr. CRAWFORD, Mr. NUNNELEE, Mr. CRAMER, Mr. KING of Iowa, Mr. 
FLEMING, Mr. GARRETT, Mr. ROE of Tennessee, Mr. CARTER, Mr. 
NEUGEBAUER, Mrs. ROBY, Mr. COLE, Mr. HUIZENGA of Michigan, Mr. 
HARPER, Mr. MASSIE, Mr. PEARCE, Mrs. BLACKBURN, Mr. BOUSTANY, 
Mrs. HARTZLER, Mr. BRIDENSTINE, Mr. KINGSTON, Mr. GUTHRIE, Mr. 
HOLDING, Mr. GRIFFIN of Arkansas, Mr. ROGERS of Alabama, Mr. 
ADERHOLT, Mr. AMASH, Mr. BUCHANAN, Mr. DUNCAN of South Caro-
lina, Mr. SIMPSON, Mr. MARINO, Mr. CASSIDY, Mr. BRADY of Texas, Mr. 
DUNCAN of Tennessee, Mr. GOWDY, Mr. BACHUS, Mr. LATTA, Mrs. 
BLACK, Mrs. NOEM, Ms. ROS-LEHTINEN, Mr. YOUNG of Indiana, Mr. 
POMPEO, Mr. STOCKMAN, Mr. WILSON of South Carolina, Mr. ALEX-
ANDER, Mr. HUELSKAMP, Mr. SHUSTER, Mr. STIVERS, Mr. BARR, Mr. 
GOHMERT, Mr. FINCHER, Mr. MULLIN, Mr. BROUN of Georgia, Mr. 
LIPINSKI, Mr. BENISHEK, Mr. ROSS, Mr. TIBERI, Mr. WESTMORELAND, 
Mr. ROTHFUS, Mr. PALAZZO, Mr. LONG, Mr. BONNER, Mr. PITTS, Mr. 
PRICE of Georgia, Mr. MCKINLEY, Mr. CALVERT, Mr. JORDAN, Mr. 
WALBERG, Mr. STEWART, Mr. YODER, Mr. HULTGREN, Mr. LANKFORD, 
Mr. OLSON, Mr. SMITH of Nebraska, Mr. DESANTIS, Mr. MEADOWS, Mr. 
ROKITA, Mr. HALL, Mr. NUGENT, Mr. MULVANEY, Mr. MILLER of Flor-
ida, Mrs. WAGNER, Mr. RODNEY DAVIS of Illinois, Mr. JOHNSON of 
Ohio, Mr. FORTENBERRY, Mr. SCHOCK, and Mr. POSEY) introduced the 
following bill; which was referred to the Committee on the Judiciary, and 
in addition to the Committee on Oversight and Government Reform, for 
a period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the com-
mittee concerned 
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A BILL 
To amend title 18, United States Code, to protect pain- 
capable unborn children in the District of Columbia, 
and for other purposes. 
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 subcortical plate by no later than 20 weeks after 
fertilization. 
(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 recoiling. 
(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. 
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(4) Subjection to such painful stimuli is associ-
ated with long-term harmful neurodevelopmental ef-
fects, such as altered pain sensitivity and, possibly, 
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 
compared to their level when painful stimuli are ap-
plied 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 
assumption that the ability to experience pain de-
pends on the cerebral cortex and requires nerve con-
nections between the thalamus and the cortex. How-
ever, recent medical research and analysis, especially 
since 2007, provides strong evidence for the conclu-
sion that a functioning cortex is not necessary to ex-
perience pain. 
(7) Substantial evidence indicates that children 
born missing the bulk of the cerebral cortex, those 
with hydranencephaly, nevertheless experience pain. 
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(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. 
(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 
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ble unborn children within the Federal District re-
sides with the Congress. 
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, un-
less in conformity with the requirements set forth in sub-
section (b). 
‘‘(b) REQUIREMENTS FOR ABORTIONS.— 
‘‘(1) The physician performing or attempting 
the abortion shall first make a determination of the 
probable post-fertilization age of the unborn child or 
reasonably rely upon such a determination made by 
another physician. In making such a determination, 
the physician shall make such inquiries of the preg-
nant woman and perform or cause to be performed 
such medical examinations and tests as a reasonably 
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prudent physician, knowledgeable about the case and 
the medical conditions involved, would consider nec-
essary to make an accurate determination of post- 
fertilization age. 
‘‘(2)(A) Except as provided in subparagraph 
(B), the abortion shall not be performed or at-
tempted, if the probable post-fertilization age, as de-
termined under paragraph (1), of the unborn child 
is 20 weeks or greater. 
‘‘(B) Subject to subparagraph (C), subpara-
graph (A) does not apply if, in reasonable medical 
judgment, the abortion is necessary to save the life 
of a pregnant woman whose life is endangered by a 
physical disorder, physical illness, or physical injury, 
including a life-endangering physical condition 
caused by or arising from the pregnancy itself, but 
not including psychological or emotional conditions. 
‘‘(C) Notwithstanding the definitions of ‘abor-
tion’ and ‘attempt an abortion’ in this section, a 
physician terminating or attempting to terminate a 
pregnancy under the exception provided by subpara-
graph (B) may do so only in the manner which, in 
reasonable medical judgment, provides the best op-
portunity for the unborn child to survive, unless, in 
reasonable medical judgment, termination of the 
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pregnancy in that manner would pose a greater risk 
of— 
‘‘(i) the death of the pregnant woman; or 
‘‘(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 sub-
section (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 con-
spiracy 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 vio-
lation of subsection (a), may in a civil action against 
any person who engaged in the violation obtain ap-
propriate relief. 
‘‘(2) CIVIL ACTION BY RELATIVES.—The father 
of an unborn child who is the subject of an abortion 
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performed 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 a civil action against any person who en-
gaged in the violation, obtain appropriate relief, un-
less the pregnancy 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— 
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‘‘(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 
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 friv-
olous 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 sub-
section, no damages, attorney’s fee or other mone-
tary relief may be assessed against the woman upon 
whom the abortion was performed or attempted. 
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‘‘(f) PROTECTION
OF PRIVACY
IN COURT PRO-
CEEDINGS.— 
‘‘(1) IN GENERAL.—Except to the extent the 
Constitution 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-
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 dis-
closure. 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. 
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‘‘(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 ac-
tion under paragraphs (1), (2), or (4) of subsection 
(e) shall do so under a pseudonym. 
‘‘(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 rel-
evant District of Columbia health agency (herein-
after in this section referred to as the ‘health agen-
cy’) on a schedule and in accordance with forms and 
regulations 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 
employed in making the determination, and the 
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week of probable post-fertilization age that was 
determined. 
‘‘(B) METHOD OF ABORTION.—Which of 
the following methods or combination of meth-
ods was employed: 
‘‘(i) Dilation, dismemberment, and 
evacuation of fetal parts also known as ‘di-
lation and evacuation’. 
‘‘(ii) Intra-amniotic instillation of sa-
line, urea, or other substance (specify sub-
stance) to kill the unborn child, followed by 
induction of labor. 
‘‘(iii) Intracardiac or other intra-fetal 
injection of digoxin, potassium chloride, or 
other substance (specify substance) in-
tended to kill the unborn child, followed by 
induction of labor. 
‘‘(iv) Partial-birth abortion, as defined 
in section 1531. 
‘‘(v) Manual vacuum aspiration with-
out other methods. 
‘‘(vi) Electrical vacuum aspiration 
without other methods. 
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‘‘(vii) Abortion induced by use of 
mifepristone 
in 
combination 
with 
misoprostol. 
‘‘(viii) If none of the methods de-
scribed in the other clauses of this sub-
paragraph was employed, whatever method 
was employed. 
‘‘(C) AGE OF WOMAN.—The age or approx-
imate age of the pregnant woman. 
‘‘(D) COMPLIANCE
WITH
REQUIREMENTS 
FOR EXCEPTION.—The facts relied upon and 
the basis for any determinations required to es-
tablish compliance with the requirements for 
the exception provided by subsection (b)(2). 
‘‘(3) EXCLUSIONS FROM REPORTS.— 
‘‘(A) A report required under this sub-
section shall not contain the name or the ad-
dress of the woman whose pregnancy was ter-
minated, 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 
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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 
‘‘(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 calendar years during which this section 
was in effect, adjusted to reflect any additional in-
formation from late or corrected reports. The health 
agency shall take care to ensure that none of the in-
formation included in the public reports could rea-
sonably lead to the identification of any pregnant 
woman upon whom an abortion was performed or at-
tempted. 
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