H.R. 1797House113th Congress (2013-2015)Passed House

Pain-Capable Unborn Child Protection Act

Introduced April 26, 2013

Legislative Activity

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24 earlier actions
SenateIntro Referral Latest Action

Received in the Senate and Read twice and referred to the Committee on the Judiciary.

June 19, 2013

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HouseIntro Referral

Introduced in House

April 26, 2013

HouseIntro Referral

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 committee concerned.

April 26, 2013

HouseCommittee

Subcommittee Hearings Held.

May 23, 2013

HouseCommittee

Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.

May 23, 2013

HouseCommittee

Referred to the Subcommittee on the Constitution and Civil Justice.

May 23, 2013

HouseCommittee

Subcommittee on Crime, Terrorism, Homeland Security, and Investigations Discharged.

June 3, 2013

HouseCommittee

Subcommittee Consideration and Mark-up Session Held.

June 4, 2013

HouseCommittee

Forwarded by Subcommittee to Full Committee (Amended) by the Yeas and Nays: 6 - 4 .

June 4, 2013

HouseCommittee

Committee Consideration and Mark-up Session Held.

June 12, 2013

HouseCommittee

Ordered to be Reported (Amended) by the Yeas and Nays: 20 - 12.

June 12, 2013

HouseCommittee

Reported (Amended) by the Committee on Judiciary. H. Rept. 113-109, Part I.

June 14, 2013

HouseCommittee

Committee on Oversight and Government discharged.

June 14, 2013

HouseCalendars

Placed on the Union Calendar, Calendar No. 77.

June 14, 2013

HouseFloor

Rules Committee Resolution H. Res. 266 Reported to House. The resolution provides for one hour of debate on H.R. 1947 and provides for consideration of H.R. 1797 with one hour of debate and one motion to recommit with or without instructions.

June 17, 2013 • 7:32 PM

HouseFloor

Considered under the provisions of rule H. Res. 266. (consideration: CR H3730-3743)

June 18, 2013 • 4:41 PM

HouseFloor

The resolution provides for one hour of debate on H.R. 1947 and provides for consideration of H.R. 1797 with one hour of debate and one motion to recommit with or without instructions.

June 18, 2013 • 4:41 PM

HouseFloor

DEBATE - The House proceeded with one hour of debate on H.R. 1797.

June 18, 2013 • 4:41 PM

HouseFloor

The previous question was ordered pursuant to the rule. (consideration: CR H3743)

June 18, 2013 • 6:01 PM

HouseFloor

POSTPONED PROCEEDINGS - At the conclusion of debate on H.R. 1797, the Chair put the question on passage and, by voice vote, announced that the ayes had prevailed. Ms. Ros-Lehtinen demanded the yeas and nays and the Chair postponed further proceedings on the question of passage until later in the legislative day.

June 18, 2013 • 6:01 PM

HouseFloor

Considered as unfinished business. (consideration: CR H3743-3744)

June 18, 2013 • 6:15 PM

HouseFloor

Passed/agreed to in House: On passage Passed by the Yeas and Nays: 228 - 196 (Roll no. 251).(text: CR H3730-3731)

June 18, 2013 • 6:45 PM

HouseFloor

On passage Passed by the Yeas and Nays: 228 - 196 (Roll no. 251). (text: CR H3730-3731)

June 18, 2013 • 6:45 PM

HouseFloor

Motion to reconsider laid on the table Agreed to without objection.

June 18, 2013 • 6:45 PM

HouseFloor

The title of the measure was amended. Agreed to without objection.

June 18, 2013 • 6:45 PM

SenateIntro Referral

Received in the Senate and Read twice and referred to the Committee on the Judiciary.

June 19, 2013

Floor Debate

22 members

What members said about H.R. 1797 on the floor

11 Republicans11 Democrats
Christopher H. Smith
Rep. Christopher H. SmithR-NJ-4 · Jun 6, 2013

Mr. Speaker, there are Kermit Gosnells all over American today inflicting not only violence, cruelty, and death on very young children but excruciating pain as well. Many Americans, including some…

Eleanor Holmes Norton
Rep. Eleanor Holmes NortonD-DC · May 17, 2013

I thank you, Mr. Speaker. I come to the floor to discuss a bill addressed only to my district, the District of Columbia, which will come to a hearing next Thursday in the Judiciary Subcommittee on…

Virginia Foxx
Rep. Virginia FoxxR-NC-5 · Jun 18, 2013

Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 266 and ask for its immediate consideration. Mr. Speaker, this is a dilatory tactic and has nothing to do with our…

Steny H. Hoyer
Rep. Steny H. HoyerD-MD-5 · Jun 14, 2013

Mr. Speaker, I am pleased to yield to my friend the majority leader, Mr. Cantor from Virginia, for the purpose of inquiring of the schedule for the week to come. Reclaiming my time, I want to thank…

Trent Franks
Rep. Trent FranksR-AZ-8 · Jun 6, 2013

Well, I thank the gentleman. Mr. Speaker, I don't often do this, but I'm going to step away from my prepared remarks just a moment and express a sincere gratitude to Congressman Chris Smith. Mr.…

Show 8 more
Louise McIntosh Slaughter
Rep. Louise McIntosh SlaughterD-NY-25 · Jun 18, 2013

Mr. Speaker, I thank the gentlelady for yielding me the customary 30 minutes and yield myself such time as I may consume. Mr. Speaker, for 40 years I've been marching for this women's choice bill,…

Donna F. Edwards
Rep. Donna F. EdwardsD-MD-4 · Jun 18, 2013

Mr. Speaker, I raise a point of order against H. Res. 266 because the resolution violates section 426(a) of the Congressional Budget Act. The resolution contains a waiver of all points of order…

Andy Harris
Rep. Andy HarrisR-MD-1 · Jun 6, 2013

Thank you very much. Mr. Speaker, I want to thank the gentleman from New Jersey for organizing this because we come to Washington to make tough decisions. That's what the country expects of us. Mr.…

Zoe Lofgren
Rep. Zoe LofgrenD-CA-19 · Jun 18, 2013

Madam Speaker, reserving the right to object, I am wondering why a member of the Judiciary Committee is not managing on the part of the majority. The chairman is here. We recessed our markup so that…

Marsha Blackburn
Rep. Marsha BlackburnR-TN-7 · Jun 18, 2013

Madam Speaker, I yield myself such time as I may consume. I have to tell you, Madam Speaker, so often we come to the floor and we will hear Members say, we are doing this for the children or that for…

Eric Cantor
Rep. Eric CantorR-VA-7 · Jun 14, 2013

Mr. Speaker, I thank the gentleman from Maryland, the Democratic whip, for yielding. Last week, Mr. Speaker, the gentleman from Maryland was kind enough to note and celebrate my birthday with a…

Bob Goodlatte
Rep. Bob GoodlatteR-VA-6 · Jun 18, 2013

Madam Speaker, pursuant to House Resolution 266, I call up the bill (H.R. 1797) to amend title 18, United States Code, to protect pain-capable unborn children in the District of Columbia, and for…

Christopher H. Smith
Rep. Christopher H. SmithR-NJ-4 · Jun 18, 2013

Madam Speaker, I thank my good friend and colleague for yielding. Madam Speaker, pain, we all dread it. We avoid it. We even fear it. And we all go to extraordinary lengths to mitigate its severity…

Show 11 more
Jerrold Nadler
Rep. Jerrold NadlerD-NY-10 · Jun 18, 2013

I thank the gentlewoman for yielding. Madam Speaker, we're back again considering cruel and unconstitutional legislation that would curtail women's reproductive rights. This bill contains a nearly…

Nancy Pelosi
Rep. Nancy PelosiD-CA-12 · Jun 18, 2013

Madam Chairman, do you ever wonder what the American people think when they tune into C-SPAN to see what business is being attended to on the floor of the House? Do you ever wonder what the American…

Michele Bachmann
Rep. Michele BachmannR-MN-6 · Jun 18, 2013

Madam Speaker, it's a privilege to be able to stand here today and to speak on behalf of the unborn. I have a picture that was taken just yesterday. All of us as parents love to take pictures of our…

Vicky Hartzler
Rep. Vicky HartzlerR-MO-4 · Jun 18, 2013

We do a lot of things here in Washington and discuss many types of legislation, and sometimes the impact of what we do gets lost in the debate. Today, I want to remind my colleagues that this bill…

Marlin A. Stutzman
Rep. Marlin A. StutzmanR-IN-3 · Jun 18, 2013

Madam Speaker, I rise in strong support for H.R. 1797, legislation that will protect the most vulnerable members of society. The womb should be the safest place in the world for the most weakest…

John Fleming
Rep. John FlemingR-LA-4 · Jun 18, 2013

Mr. Speaker, I want to thank the gentlelady from North Carolina for all of the great work she has done on this. I rise today, Mr. Speaker, to support the rule and the underlying bill, the…

Marlin A. Stutzman
Rep. Marlin A. StutzmanR-IN-3 · Jun 6, 2013

I thank the gentleman from Arizona, and I thank the gentleman from New Jersey for their passion and also for their sharing with us today such an important issue that faces us as a country. It is a…

Gwen Moore
Rep. Gwen MooreD-WI-4 · Jun 18, 2013

I thank the ranking member. Madam Speaker, I rise today to voice my strong opposition to H.R. 1797, which would callously and cavalierly limit access to abortion for women across the country. Boy, I…

Joe Courtney
Rep. Joe CourtneyD-CT-2 · Jun 18, 2013

Madam Speaker, I rise to oppose the previous question so that the House can take up the Student Loan Relief Act, H.R. 1595, which is a bill that the American people are truly concerned about and…

Debbie Wasserman Schultz
Rep. Debbie Wasserman SchultzD-FL-23 · Jun 18, 2013

Madam Speaker, I rise to strongly oppose the Pain-Capable Unborn Child Protection Act. It has been 40 years since Roe v. Wade, and yet women still have to fight for the right to keep decisions about…

Barbara Lee
Rep. Barbara LeeD-CA-13 · Jun 18, 2013

First, let me thank the gentlelady for yielding, but more importantly, I just want to thank Congresswoman Slaughter, our ranking member on the Rules Committee, for fighting for women's health and for…

Bill Text

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Referred in SenateIssued June 19, 2013

IIB

113th CONGRESS

1st Session

H. R. 1797

IN THE SENATE OF THE UNITED STATES

June 19, 2013

Received; read twice and referred to the Committee on the Judiciary

AN ACT

To amend title 18, United States Code, to protect pain-capable unborn children, and for other purposes.

1.

Short title

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

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.

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:

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)

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)
(A)

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)

Subject to subparagraph (C), 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; or

(ii)

the pregnancy is the result of rape, or the result of incest against a minor, if the rape has been reported at any time prior to the abortion to an appropriate law enforcement agency, or if the incest against a minor has been reported at any time prior to the abortion to an appropriate law enforcement agency or to a government agency legally authorized to act on reports of child abuse or neglect.

(C)

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, unless, in reasonable medical judgment, termination of the pregnancy in that manner 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;

than would other available methods.
(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)

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 an abortion

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)

Fertilization

The term fertilization means the fusion of human spermatozoon with a human ovum.

(4)

Perform

The term perform, with respect to an abortion, includes induce an abortion through a medical or chemical intervention including writing a prescription for a drug or device intended to result in an abortion.

(5)

Physician

The term physician means a person licensed to practice medicine and surgery or osteopathic medicine and surgery, or otherwise legally authorized to perform an abortion.

(6)

Post-fertilization age

The term post-fertilization age means the age of the unborn child as calculated from the fusion of a human spermatozoon with a human ovum.

(7)

Probable post-fertilization age of the unborn child

The term probable post-fertilization age of the unborn child means what, in reasonable medical judgment, will with reasonable probability be the postfertilization age of the unborn child at the time the abortion is planned to be performed or induced.

(8)

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.

(9)

Unborn child

The term unborn child means an individual organism of the species homo sapiens, beginning at fertilization, until the point of being born alive as defined in section 8(b) of title 1.

(10)

Woman

The term woman means a 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.

Passed the House of Representatives June 18, 2013.

Karen L. Haas,

Clerk