[House Report 114-111]
[From the U.S. Government Publishing Office]


114th Congress    }                                   {         Report
                        HOUSE OF REPRESENTATIVES
 1st Session      }                                   {        114-111

======================================================================

 
   PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 1735) TO AUTHORIZE 
  APPROPRIATIONS FOR FISCAL YEAR 2016 FOR MILITARY ACTIVITIES OF THE 
   DEPARTMENT OF DEFENSE AND FOR MILITARY CONSTRUCTION, TO PRESCRIBE 
   MILITARY PERSONNEL STRENGTHS FOR SUCH FISCAL YEAR, AND FOR OTHER 
 PURPOSES; PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 36) TO AMEND 
TITLE 18, UNITED STATES CODE, TO PROTECT PAIN-CAPABLE UNBORN CHILDREN, 
 AND FOR OTHER PURPOSES; PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 
 2048) TO REFORM THE AUTHORITIES OF THE FEDERAL GOVERNMENT TO REQUIRE 
    THE PRODUCTION OF CERTAIN BUSINESS RECORDS, CONDUCT ELECTRONIC 
  SURVEILLANCE, USE PEN REGISTERS AND TRAP AND TRACE DEVICES, AND USE 
    OTHER FORMS OF INFORMATION GATHERING FOR FOREIGN INTELLIGENCE, 
 COUNTERTERRORISM, AND CRIMINAL PURPOSES, AND FOR OTHER PURPOSES; AND 
      PROVIDING FOR CONSIDERATION OF MOTIONS TO SUSPEND THE RULES

                                _______
                                

May 12, 2015.--Referred to the House Calendar and ordered to be printed

                                _______
                                

                Ms. Foxx, from the Committee on Rules, 
                        submitted the following

                              R E P O R T

                       [To accompany H. Res. 255]

    The Committee on Rules, having had under consideration 
House Resolution 255, by a record vote of 8 to 3, report the 
same to the House with the recommendation that the resolution 
be adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for the consideration of H.R. 1735, 
the National Defense Authorization Act for Fiscal Year 2016. 
The resolution provides one hour of general debate equally 
divided and controlled by the chair and ranking minority member 
of the Committee on Armed Services. The resolution waives all 
points of order against consideration of the bill. The 
resolution provides that no further consideration of the bill 
shall be in order except pursuant to a subsequent order of the 
House.
    Section 2 of the resolution provides for consideration of 
H.R. 36, the Pain-Capable Unborn Child Protection Act, under a 
closed rule. The resolution provides one hour of debate equally 
divided and controlled by the chair and ranking minority member 
of the Committee on the Judiciary or their respective 
designees. The resolution waives all points of order against 
consideration of the bill. The resolution provides that the 
amendment in the nature of a substitute printed in part A of 
this report shall be considered as adopted and the bill, as 
amended, shall be considered as read. The resolution waives all 
points of order against provisions in the bill, as amended. The 
resolution provides one motion to recommit with or without 
instructions.
    Section 3 of the resolution provides for consideration of 
H.R. 2048, the USA FREEDOM Act of 2015, under a closed rule. 
The resolution provides one hour of debate equally divided and 
controlled by the chair and ranking minority member of the 
Committee on the Judiciary. The resolution waives all points of 
order against consideration of the bill. The resolution 
provides that the amendment printed in part B this report shall 
be considered as adopted and the bill, as amended, shall be 
considered as read. The resolution waives all points of order 
against provisions in the bill, as amended. The resolution 
provides one motion to recommit with or without instructions.
    Section 4 of the resolution provides that it shall be in 
order at any time on the legislative day of May 14, 2015, or 
May 15, 2015, for the Speaker to entertain motions that the 
House suspend the rules, as though under clause 1 of rule XV 
and that the Speaker or his designee shall consult with the 
Minority Leader or her designee on the designation of any 
matter for consideration pursuant to this section.

                         EXPLANATION OF WAIVERS

    The waiver of all points of order against consideration of 
H.R. 1735 includes a waiver of the following:
     Clause 3(e)(1) of rule XIII (``Ramseyer''), 
requiring a committee report accompanying a bill amending or 
repealing statutes to show, by typographical device, parts of 
statute affected; and
     Clause 4(a) of rule XIII, which prohibits 
consideration of legislation in the House until the third 
calendar day on which each report of a committee on that 
measure or matter has been available to Members, Delegates and 
the Resident Commissioner. While the Committee on Armed 
Services filed its report on May 5, 2015, the Committee 
requested authority to file a supplemental report, which 
includes a more comprehensive cost estimate from the 
Congressional Budget Office. The Committee on Armed Services 
filed its supplemental report on May 12, 2015.
    The waiver of all points of order against consideration of 
H.R. 36 includes:
     Section 302(f) of the Congressional Budget Act, 
which prohibits consideration of legislation providing new 
budget authority in excess of a committee's 302(a) allocation 
of such authority; and
     Clause 10 of rule XXI, which prohibits 
consideration of a bill if it has the net effect of increasing 
mandatory spending over the five- or ten-year period.
    Although the resolution waives all points of order against 
provisions in H.R. 36, as amended, the Committee is not aware 
of any points of order. The waiver is prophylactic in nature.
    The waiver of all points of order against consideration of 
H.R. 2048 include a waiver of Clause 3(e)(1) of rule XIII 
(``Ramseyer''), requiring a committee report accompanying a 
bill amending or repealing statutes to show, by typographical 
device, parts of statute affected. The waiver is provided 
because the submission provided by the committee was 
insufficient to meet the standards established by the rule in 
its current form. The Committee on Rules continues to work with 
the House Office of Legislative Counsel and committees to 
determine the steps necessary to comply with the updated rule.
    Although the resolution waives all points of order against 
provisions in H.R. 2048, as amended, the Committee is not aware 
of any points of order. The waiver is prophylactic in nature.

                            COMMITTEE VOTES

    The results of each record vote on an amendment or motion 
to report, together with the names of those voting for and 
against, are printed below:

Rules Committee record vote No. 42

    Motion by Ms. Slaughter to report three individual 
resolutions--one for each measure. Defeated: 3-8

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Ms. Foxx........................................          Nay   Ms. Slaughter.....................          Yea
Mr. Cole........................................          Nay   Mr. McGovern......................          Yea
Mr. Woodall.....................................          Nay   Mr. Hastings of Florida...........          Yea
Mr. Burgess.....................................          Nay   Mr. Polis.........................
Mr. Stivers.....................................          Nay
Mr. Collins.....................................
Mr. Byrne.......................................          Nay
Mr. Newhouse....................................          Nay
Mr. Sessions, Chairman..........................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 43

    Motion by Mr. McGovern to report an open rule for H.R. 
2048. Defeated: 3-8

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Ms. Foxx........................................          Nay   Ms. Slaughter.....................          Yea
Mr. Cole........................................          Nay   Mr. McGovern......................          Yea
Mr. Woodall.....................................          Nay   Mr. Hastings of Florida...........          Yea
Mr. Burgess.....................................          Nay   Mr. Polis.........................
Mr. Stivers.....................................          Nay
Mr. Collins.....................................
Mr. Byrne.......................................          Nay
Mr. Newhouse....................................          Nay
Mr. Sessions, Chairman..........................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 44

    Motion by Ms. Foxx to report the rule. Adopted: 8-3

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Ms. Foxx........................................          Yea   Ms. Slaughter.....................          Nay
Mr. Cole........................................          Yea   Mr. McGovern......................          Nay
Mr. Woodall.....................................          Yea   Mr. Hastings of Florida...........          Nay
Mr. Burgess.....................................          Yea   Mr. Polis.........................
Mr. Stivers.....................................          Yea
Mr. Collins.....................................
Mr. Byrne.......................................          Yea
Mr. Newhouse....................................          Yea
Mr. Sessions, Chairman..........................          Yea
----------------------------------------------------------------------------------------------------------------

  SUMMARY OF THE AMENDMENT TO H.R. 36 IN PART A CONSIDERED AS ADOPTED

    1. Franks (AZ): Removes mandatory reporting to law 
enforcement for adult rape victims and instead requires the 
abortion provider to ensure the victim receives medical 
treatment or counseling for the rape at least 48 hours prior to 
the abortion. Additional provisions include: strengthening the 
provision of care for an unborn child if the child is born 
alive; empowering the woman with a civil right of action if the 
physician fails to comply; requiring an informed consent form; 
an annual report on abortions carried out after 20 weeks; and 
compliance with relevant state laws.

 SUMMARY OF THE AMENDMENT TO H.R. 2048 IN PART B CONSIDERED AS ADOPTED

    1. Goodlatte (VA): Makes technical corrections.

            PART A--TEXT OF AMENDMENT CONSIDERED AS ADOPTED

  Strike all that follows after the enacting clause and insert 
the following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Pain-Capable Unborn Child 
Protection Act''.

SEC. 2. LEGISLATIVE FINDINGS AND DECLARATION OF CONSTITUTIONAL 
                    AUTHORITY FOR ENACTMENT.

  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 increases in 
        stress hormones known as the stress response.
          (4) Subjection to such painful stimuli is associated 
        with long-term harmful neurodevelopmental effects, such 
        as altered pain sensitivity and, possibly, emotional, 
        behavioral, and learning disabilities later in life.
          (5) For the purposes of surgery on unborn children, 
        fetal anesthesia is routinely administered and is 
        associated with a decrease in stress hormones compared 
        to their level when painful stimuli are applied without 
        such anesthesia. In the United States, surgery of this 
        type is being performed by 20 weeks after fertilization 
        and earlier in specialized units affiliated with 
        children's hospitals.
          (6) The position, asserted by some physicians, that 
        the unborn child is incapable of experiencing pain 
        until a point later in pregnancy than 20 weeks after 
        fertilization predominately rests on the assumption 
        that the ability to experience pain depends on the 
        cerebral cortex and requires nerve connections between 
        the thalamus and the cortex. However, recent medical 
        research and analysis, especially since 2007, provides 
        strong evidence for the conclusion that a functioning 
        cortex is not necessary to experience pain.
          (7) Substantial evidence indicates that children born 
        missing the bulk of the cerebral cortex, those with 
        hydranencephaly, nevertheless experience pain.
          (8) In adult humans and in animals, stimulation or 
        ablation of the cerebral cortex does not alter pain 
        perception, while stimulation or ablation of the 
        thalamus does.
          (9) Substantial evidence indicates that structures 
        used for pain processing in early development differ 
        from those of adults, using different neural elements 
        available at specific times during development, such as 
        the subcortical plate, to fulfill the role of pain 
        processing.
          (10) The position, asserted by some commentators, 
        that the unborn child remains in a coma-like sleep 
        state that precludes the unborn child experiencing pain 
        is inconsistent with the documented reaction 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 vigorous movement in reaction to 
        invasive surgery.
          (11) Consequently, there is substantial medical 
        evidence that an unborn child is capable of 
        experiencing 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 
        substantial medical evidence indicates that they are 
        capable 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 unborn 
        children from the stage of viability, and neither 
        governmental interest is intended to replace the other.
          (14) Congress has authority to extend protection to 
        pain-capable unborn children under the Supreme Court's 
        Commerce Clause precedents and under the Constitution's 
        grants of powers to Congress 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 to perform an 
abortion or attempt to do so, unless in conformity with the 
requirements set forth in subsection (b).
  ``(b) Requirements for Abortions.--
          ``(1) Assessment of the age of the unborn child.--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 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 determination of post-fertilization age.
          ``(2) Prohibition on performance of certain 
        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 paragraph (1), of the 
                unborn child is 20 weeks or greater.
                  ``(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 
                        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;
                          ``(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--
                                  ``(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 terminating 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 exception 
                provided by subparagraph (B) shall ensure a 
                second physician trained in neonatal 
                resuscitation is present and prepared to 
                provide care to the child consistent with the 
                requirements of subparagraph (E).
                  ``(E) Children born alive after attempted 
                abortions.--When a physician performs or 
                attempts an abortion in accordance with this 
                section, and the child is born alive, as 
                defined in section 8 of title 1 (commonly known 
                as the Born-Alive Infants Protection Act of 
                2002), the following shall apply:
                          ``(i) Degree of care required.--Any 
                        health care practitioner present at the 
                        time shall humanely exercise the same 
                        degree of professional skill, care, and 
                        diligence to preserve the life and 
                        health of the child as a reasonably 
                        diligent and conscientious health care 
                        practitioner would render to a child 
                        born alive at the same gestational age 
                        in the course of a natural birth.
                          ``(ii) Immediate admission to a 
                        hospital.--Following the care required 
                        to be rendered under clause (i), the 
                        child born alive shall be immediately 
                        transported and admitted to a hospital.
                          ``(iii) Mandatory reporting of 
                        violations.--A health care practitioner 
                        or any employee of a hospital, a 
                        physician's office, or an abortion 
                        clinic who has knowledge of a failure 
                        to comply with the requirements of this 
                        subparagraph must immediately report 
                        the failure to an appropriate State or 
                        Federal law enforcement agency or both.
                  ``(F) Documentation requirements.--
                          ``(i) Documentation pertaining to 
                        adults.--A physician who performs or 
                        attempts to perform an abortion under 
                        an exception provided by subparagraph 
                        (B)(ii) shall, prior to the abortion, 
                        place in the patient medical file 
                        documentation from a hospital licensed 
                        by the State or operated under 
                        authority of a Federal agency, a 
                        medical clinic licensed by the State or 
                        operated under authority of a Federal 
                        agency, from a personal physician 
                        licensed by the State, a counselor 
                        licensed by the State, or a victim's 
                        rights advocate provided by a law 
                        enforcement agency that the adult woman 
                        seeking the abortion obtained medical 
                        treatment or counseling for the rape or 
                        an injury related to the rape.
                          ``(ii) Documentation pertaining to 
                        minors.--A physician who performs or 
                        attempts to perform an abortion under 
                        an exception provided by subparagraph 
                        (B)(iii) shall, prior to the abortion, 
                        place in the patient medical file 
                        documentation from a government agency 
                        legally authorized to act on reports of 
                        child abuse that the rape or incest was 
                        reported prior to the abortion; or, as 
                        an alternative, documentation from a 
                        law enforcement agency that the rape or 
                        incest was reported prior to the 
                        abortion.
                  ``(G) Informed consent.--
                          ``(i) Consent form required.--The 
                        physician who intends to perform or 
                        attempt to perform an abortion under 
                        the provisions of subparagraph (B) may 
                        not perform any part of the abortion 
                        procedure without first obtaining a 
                        signed Informed Consent Authorization 
                        form in accordance with this 
                        subparagraph.
                          ``(ii) Content of consent form.--The 
                        Informed Consent Authorization form 
                        shall be presented in person by the 
                        physician and shall consist of--
                                  ``(I) a statement by the 
                                physician indicating the 
                                probable post-fertilization age 
                                of the pain-capable unborn 
                                child;
                                  ``(II) a statement that 
                                Federal law allows abortion 
                                after 20 weeks fetal age only 
                                if the mother's life is 
                                endangered by a physical 
                                disorder, physical illness, or 
                                physical injury, when the 
                                pregnancy was the result of 
                                rape, or an act of incest 
                                against a minor;
                                  ``(III) a statement that the 
                                abortion must be performed by 
                                the method most likely to allow 
                                the child to be born alive 
                                unless this would cause 
                                significant risk to the mother;
                                  ``(IV) a statement that in 
                                any case in which an abortion 
                                procedure results in a child 
                                born alive, Federal law 
                                requires that child to be given 
                                every form of medical 
                                assistance that is provided to 
                                children spontaneously born 
                                prematurely, including 
                                transportation and admittance 
                                to a hospital;
                                  ``(V) a statement that these 
                                requirements are binding upon 
                                the physician and all other 
                                medical personnel who are 
                                subject to criminal and civil 
                                penalties and that a woman on 
                                whom an abortion has been 
                                performed may take civil action 
                                if these requirements are not 
                                followed; and
                                  ``(VI) affirmation that each 
                                signer has filled out the 
                                informed consent form to the 
                                best of their knowledge and 
                                understands the information 
                                contained in the form.
                          ``(iii) Signatories required.--The 
                        Informed Consent Authorization form 
                        shall be signed in person by the woman 
                        seeking the abortion, the physician 
                        performing or attempting to perform the 
                        abortion, and a witness.
                          ``(iv) Retention of consent form.--
                        The physician performing or attempting 
                        to perform an abortion must retain the 
                        signed informed consent form in the 
                        patient's medical file.
                  ``(H) Requirement for data retention.--
                Paragraph (j)(2) of section 164.530 of title 
                45, Code of Federal Regulations, shall apply to 
                documentation required to be placed in a 
                patient's medical file pursuant to subparagraph 
                (F) of subsection (b)(2) and a consent form 
                required to be retained in a patient's medical 
                file pursuant to subparagraph (G) of such 
                subsection in the same manner and to the same 
                extent as such paragraph applies to 
                documentation required by paragraph (j)(1) of 
                such section.
                  ``(I) Additional exceptions and 
                requirements.--
                          ``(i) In cases of risk of death or 
                        major injury to the mother.--
                        Subparagraphs (C), (D), and (G) shall 
                        not apply if, in reasonable medical 
                        judgment, compliance with such 
                        paragraphs would pose a greater risk 
                        of--
                                  ``(I) the death of the 
                                pregnant woman; or
                                  ``(II) the substantial and 
                                irreversible physical 
                                impairment of a major bodily 
                                function, not including 
                                psychological or emotional 
                                conditions, of the pregnant 
                                woman.
                          ``(ii) Exclusion of certain 
                        facilities.--Notwithstanding the 
                        definitions of the terms `medical 
                        treatment' and `counseling' in 
                        subsection (g), the counseling or 
                        medical treatment described in 
                        subparagraph (B)(ii) may not be 
                        provided by a facility that performs 
                        abortions (unless that facility is a 
                        hospital).
                          ``(iii) Rule of construction in cases 
                        of reports to law enforcement.--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 Department of 
                        Defense victim assistance personnel.
                          ``(iv) Compliance with certain state 
                        laws.--
                                  ``(I) State laws regarding 
                                reporting of rape and incest.--
                                The physician who performs or 
                                attempts to perform an abortion 
                                under an exception provided by 
                                subparagraph (B) shall comply 
                                with such applicable State laws 
                                that are in effect as the 
                                State's Attorney General may 
                                designate, regarding reporting 
                                requirements in cases of rape 
                                or incest.
                                  ``(II) State laws regarding 
                                parental involvement.--The 
                                physician who intends to 
                                perform an abortion on a minor 
                                under an exception provided by 
                                subparagraph (B) shall comply 
                                with any applicable State laws 
                                requiring parental involvement 
                                in a minor's decision to have 
                                an abortion.
  ``(c) Criminal Penalty.--Whoever violates subsection (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 conspiracy 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 violation of any provision of 
        this section may, in a civil action against any person 
        who committed the violation, 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 performed 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 civil action against any person 
        who committed the violation obtain appropriate relief, 
        unless the pregnancy 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, 
                occasioned 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 prevails and 
        the court finds that the plaintiff's suit was 
        frivolous, the court shall award a reasonable 
        attorney's fee in favor of the defendant against the 
        plaintiff.
          ``(6) Awards against woman.--Except under paragraph 
        (5), in a civil action under this subsection, no 
        damages, attorney's fee or other monetary 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 subsection 
        (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-fertilization 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;
                  ``(D) the exception under subsection 
                (b)(2)(B) under which the abortion was 
                conducted; 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 submitted consistent with the 
        Health Insurance Portability and Accountability Act of 
        1996 (42 U.S.C. 1320d-2 note).
          ``(4) Public report.--The Center shall annually issue 
        a public report providing statistics by State for the 
        previous year compiled from all of the summaries made 
        to the Center under this subsection. The Center shall 
        take care to ensure that none of the information 
        included in the public reports 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 attempted.
  ``(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 
                pregnancy 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 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) 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 
        includes 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 `medical 
        treatment' means treatment provided at a hospital 
        licensed by the State or operated under authority of a 
        Federal agency, at a medical clinic licensed by the 
        State or operated under authority of a Federal agency, 
        or from a personal physician licensed by the State.
          ``(7) Minor.--The term `minor' means an individual 
        who has not attained the age of 18 years.
          ``(8) Perform.--The term `perform', with respect 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 legally 
        authorized to perform an abortion.
          ``(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-fertilization age of 
        the unborn child' means what, in reasonable medical 
        judgment, will with reasonable probability be the post-
        fertilization age of the unborn 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 prudent physician, 
        knowledgeable about the case and the treatment 
        possibilities with respect to the medical 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 female 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 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 Abortions'' and inserting 
        ``Abortions''.

            PART B--TEXT OF AMENDMENT CONSIDERED AS ADOPTED

  Page 30, line 24, strike ``subsection'' and insert 
``subsections''.
  Page 33, line 20, strike ``paragraph (2)(A)'' and insert 
``paragraph (2)''.
  Page 33, line 22, strike ``all relevant'' and insert ``any''.
  Page 33, line 23, strike ``and any''.
  Page 34, line 11, strike ``amicus curiae'' and insert 
``individuals''.
  Page 35, line 16, after ``individual'' insert ``designated to 
serve as amicus curiae under paragraph (1) or''.
  Page 89, after line 17, insert the following new subsection:
  (c) Conforming Amendment.--Section 102(b)(1) of the USA 
PATRIOT Improvement and Reauthorization Act of 2005 (50 U.S.C. 
1805 note), as amended by subsection (a), is further amended by 
striking ``sections 501, 502, and'' and inserting ``title V and 
section''.
  Page 91, line 3, before the colon insert ``the following''.
  Page 119, line 10, insert ``paragraphs'' before ``(4)''.
  Page 121, line 5, before the colon insert ``the following''.

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