House Report 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

[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

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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