,i #aacth ,,congress #ast ,session ,h4 ,r4 #agig ,,in ,,the ,,house ,,of ,,representatives ,april #bf1 #bjac ,mr4 ,franks of ,arizona 7for himself1 ,mr4 ,smith of ,new ,jersey1 ,mr4 ,scalise1 ,mr4 ,gosar1 ,mr4 ,schweikert1 ,mr4 ,salmon1 ,mr4 ,jones1 ,mr4 ,conaway1 ,mr4 ,crawford1 ,mr4 ,nunnelee1 ,mr4 ,cramer1 ,mr4 ,king of ,iowa1 ,mr4 ,fleming1 ,mr4 ,garrett1 ,mr4 ,roe of ,tennessee1 ,mr4 ,carter1 ,mr4 ,neugebauer1 ,mrs4 ,roby1 ,mr4 ,cole1 ,mr4 ,huizenga of ,michigan1 ,mr4 ,harper1 ,mr4 ,massie1 ,mr4 ,pearce1 ,mrs4 ,blackburn1 ,mr4 ,boustany1 ,mrs4 ,hartzler1 ,mr4 ,bridenstine1 ,mr4 ,kingston1 ,mr4 ,guthrie1 ,mr4 ,holding1 ,mr4 ,griffin of ,arkansas1 ,mr4 ,rogers of ,alabama1 ,mr4 ,aderholt1 ,mr4 ,amash1 ,mr4 ,buchanan1 ,mr4 ,duncan of ,south ,carolina1 ,mr4 ,simpson1 ,mr4 ,marino1 ,mr4 ,cassidy1 ,mr4 ,brady of ,texas1 ,mr4 ,duncan of ,tennessee1 ,mr4 ,gowdy1 ,mr4 ,bachus1 ,mr4 ,latta1 ,mrs4 ,black1 ,mrs4 ,noem1 ,ms4 ,ros-,lehtinen1 ,mr4 ,young of ,indiana1 ,mr4 ,pompeo1 ,mr4 ,stockman1 ,mr4 ,wilson of ,south ,carolina1 ,mr4 ,alexander1 ,mr4 ,huelskamp1 ,mr4 ,shuster1 ,mr4 ,stivers1 ,mr4 ,barr1 ,mr4 ,gohmert1 ,mr4 ,fincher1 ,mr4 ,mullin1 ,mr4 ,broun of ,georgia1 ,mr4 ,lipinski1 ,mr4 ,benishek1 ,mr4 ,ross1 ,mr4 ,tiberi1 ,mr4 ,westmoreland1 ,mr4 ,rothfus1 ,mr4 ,palazzo1 ,mr4 ,long1 ,mr4 ,bonner1 ,mr4 ,pitts1 ,mr4 ,price of ,georgia1 ,mr4 ,mc,kinley1 ,mr4 ,calvert1 ,mr4 ,jordan1 ,mr4 ,walberg1 ,mr4 ,stewart1 ,mr4 ,yoder1 ,mr4 ,hultgren1 ,mr4 ,lankford1 ,mr4 ,olson1 ,mr4 ,smith of ,nebraska1 ,mr4 ,de,santis1 ,mr4 ,meadows1 ,mr4 ,rokita1 ,mr4 ,hall1 ,mr4 ,nugent1 ,mr4 ,mulvaney1 ,mr4 ,miller of ,florida1 ,mrs4 ,wagner1 ,mr4 ,rodney ,davis of ,illinois1 ,mr4 ,johnson of ,ohio1 ,mr4 ,fortenberry1 ,mr4 ,schock1 and ,mr4 ,posey7 introduced the following bill2 which was referred to the ,committee on the ,judiciary1 and in addition to the ,committee on ,oversight and ,government ,reform1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to amend title #ah1 ,united ,states ,code1 to protect pain-capable unborn children in the ,district of ,columbia1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,district of ,columbia ,pain-,capable ,unborn ,child ,protection ,act4 #b4 ,legislative findings ,congress finds and declares the following3 7#a7 ,pain receptors 7nociceptors7 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 #bj weeks after fertilization4 7#b7 ,by #h weeks after fertilization1 the unborn child reacts to touch4 ,after #bj weeks1 the unborn child reacts to stimuli that would be recognized as painful if applied to an adult human1 for example1 by recoiling4 7#c7 ,in the unborn child1 application of such painful stimuli is associated with significant increases in stress hormones known as the stress response4 7#d7 ,subjection to such painful stimuli is associated with long-term harmful neurodevelopmental effects1 such as altered pain sensitivity and1 possibly1 emotional1 behavioral1 and learning disabilities later in life4 7#e7 ,for the purposes of surgery on unborn children1 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 anesthesia4 7#f7 ,the position1 asserted by some medical experts1 that the unborn child is incapable of experiencing pain until a point later in pregnancy than #bj 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 cortex4 ,however1 recent medical research and analysis1 especially since #bjjg1 provides strong evidence for the conclusion that a functioning cortex is not necessary to experience pain4 7#g7 ,substantial evidence indicates that children born missing the bulk of the cerebral cortex1 those with hydranencephaly1 nevertheless experience pain4 7#h7 ,in adult humans and in animals1 stimulation or ablation of the cerebral cortex does not alter pain perception1 while stimulation or ablation of the thalamus does4 7#i7 ,substantial evidence indicates that structures used for pain processing in early development differ from those of adults1 using different neural elements available at specific times during development1 such as the subcortical plate1 to fulfill the role of pain processing4 7#aj7 ,the position1 asserted by some commentators1 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 surgery4 7#aa7 ,consequently1 there is substantial medical evidence that an unborn child is capable of experiencing pain at least by #bj weeks after fertilization1 if not earlier4 7#ab7 ,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 pain4 7#ac7 ,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 viability1 and neither governmental interest is intended to replace the other4 7#ad7 ,the ,district ,council of the ,district of ,columbia1 operating under authority delegated by ,congress1 repealed the entire ,district law limiting abortions1 effective ,april #bi1 #bjjd1 so that in the ,district of ,columbia1 abortion is now legal1 for any reason1 until the moment of birth4 7#ae7 ,article ,i1 section #h of the ,constitution of the ,united ,states of ,america provides that the ,congress shall exercise exclusive ,legislation in all ,cases whatsoever over the ,district established as the seat of government of the ,united ,states1 now known as the ,district of ,columbia4 ,the constitutional responsibility for the protection of pain-capable unborn children within the ,federal ,district resides with the ,congress4 #c4 ,district of ,columbia pain-capable unborn child protection 7a7 ,in general ,chapter #gd of title #ah1 ,united ,states ,code1 is amended by inserting after section #aeca the following3 #aecb4 ,district of ,columbia pain-capable unborn child protection 7a7 ,unlawful conduct ,notwithstanding any other provision of law1 including any legislation of the ,district of ,columbia under authority delegated by ,congress1 it shall be unlawful for any person to perform an abortion within the ,district of ,columbia1 or attempt to do so1 unless in conformity with the requirements set forth in subsection 7b74 7b7 ,requirements for abortions 7#a7 ,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 physician4 ,in making such a determination1 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 physician1 knowledgeable about the case and the medical conditions involved1 would consider necessary to make an accurate determination of post-fertilization age4 7#b7 7,a7 ,except as provided in subparagraph 7,b71 the abortion shall not be performed or attempted1 if the probable post-fertilization age1 as determined under paragraph 7#a71 of the unborn child is #bj weeks or greater4 7,b7 ,subject to subparagraph 7,c71 subparagraph 7,a7 does not apply if1 in reasonable medical judgment1 the abortion is necessary to save the life of a pregnant woman whose life is endangered by a physical disorder1 physical illness1 or physical injury1 including a life-endangering physical condition caused by or arising from the pregnancy itself1 but not including psychological or emotional conditions4 7,c7 ,notwithstanding the definitions of abortion and attempt an abortion in this section1 a physician terminating or attempting to terminate a pregnancy under the exception provided by subparagraph 7,b7 may do so only in the manner which1 in reasonable medical judgment1 provides the best opportunity for the unborn child to survive1 unless1 in reasonable medical judgment1 termination of the pregnancy in that manner would pose a greater risk of-- 7i7 the death of the pregnant woman2 or 7ii7 the substantial and irreversible physical impairment of a major bodily function1 not including psychological or emotional conditions1 of the pregnant woman2 than would other available methods4 7c7 ,criminal penalty ,whoever violates subsection 7a7 shall be fined under this title or imprisoned for not more than #b years1 or both4 7d7 ,bar to prosecution ,a woman upon whom an abortion in violation of subsection 7a7 is performed or attempted may not be prosecuted under1 or for a conspiracy to violate1 subsection 7a71 or for an offense under section #b1 #c1 or #d based on such a violation4 7e7 ,civil remedies 7#a7 ,civil action by woman on whom the abortion is performed ,a woman upon whom an abortion has been performed or attempted in violation of subsection 7a71 may in a civil action against any person who engaged in the violation obtain appropriate relief4 7#b7 ,civil action by relatives ,the father of an unborn child who is the subject of an abortion performed or attempted in violation of subsection 7a71 or a maternal grandparent of the unborn child if the pregnant woman is an unemancipated minor1 may in a civil action against any person who engaged in the violation1 obtain appropriate relief1 unless the pregnancy resulted from the plaintiff's criminal conduct or the plaintiff consented to the abortion4 7#c7 ,appropriate relief ,appropriate relief in a civil action under this subsection includes-- 7,a7 objectively verifiable money damages for all injuries1 psychological and physical1 occasioned by the violation of this section2 7,b7 statutory damages equal to three times the cost of the abortion2 and 7,c7 punitive damages4 7#d7 ,injunctive relief 7,a7 ,in general ,a qualified plaintiff may in a civil action obtain injunctive relief to prevent an abortion provider from performing or attempting further abortions in violation of this section4 7,b7 ,definition ,in this paragraph the term qualified plaintiff means-- 7i7 a woman upon whom an abortion is performed or attempted in violation of this section2 7ii7 any person who is the spouse1 parent1 sibling or guardian of1 or a current or former licensed health care provider of1 that woman2 or 7iii7 the ,united ,states ,attorney for the ,district of ,columbia4 7#e7 ,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 subsection4 7#f7 ,attorneys fees for defendant ,if a defendant in a civil action under this section prevails and the court finds that the plaintiff's suit was frivolous and brought in bad faith1 the court shall also render judgment for a reasonable attorney's fee in favor of the defendant against the plaintiff4 7#g7 ,awards against woman ,except under paragraph 7#f71 in a civil action under this subsection1 no damages1 attorney's fee or other monetary relief may be assessed against the woman upon whom the abortion was performed or attempted4 7f7 ,protection of ,privacy in ,court ,proceedings 7#a7 ,in general ,except to the extent the ,constitution or other similarly compelling reason requires1 in every civil or criminal action under this section1 the court shall make such orders as are necessary to protect the anonymity of any woman upon whom an abortion has been performed or attempted if she does not give her written consent to such disclosure4 ,such orders may be made upon motion1 but shall be made sua sponte if not otherwise sought by a party4 7#b7 ,orders to parties1 witnesses1 and counsel ,the court shall issue appropriate orders under paragraph 7#a7 to the parties1 witnesses1 and counsel and shall direct the sealing of the record and exclusion of individuals from courtrooms or hearing rooms to the extent necessary to safeguard her identity from public disclosure4 ,each such order shall be accompanied by specific written findings explaining why the anonymity of the woman must be preserved from public disclosure1 why the order is essential to that end1 how the order is narrowly tailored to serve that interest1 and why no reasonable less restrictive alternative exists4 7#c7 ,pseudonym required ,in the absence of written consent of the woman upon whom an abortion has been performed or attempted1 any party1 other than a public official1 who brings an action under paragraphs 7#a71 7#b71 or 7#d7 of subsection 7e7 shall do so under a pseudonym4 7#d7 ,limitation ,this subsection shall not be construed to conceal the identity of the plaintiff or of witnesses from the defendant or from attorneys for the defendant4 7g7 ,reporting 7#a7 ,duty to report ,any physician who performs or attempts an abortion within the ,district of ,columbia shall report that abortion to the relevant ,district of ,columbia health agency 7hereinafter in this section referred to as the health agency7 on a schedule and in accordance with forms and regulations prescribed by the health agency4 7#b7 ,contents of report ,the report shall include the following3 7,a7 ,post-fertilization age ,for the determination of probable postfertilization age of the unborn child1 whether ultrasound was employed in making the determination1 and the week of probable post-fertilization age that was determined4 7,b7 ,method of abortion ,which of the following methods or combination of methods was employed3 7i7 ,dilation1 dismemberment1 and evacuation of fetal parts also known as dilation and evacuation4 7ii7 ,intra-amniotic instillation of saline1 urea1 or other substance 7specify substance7 to kill the unborn child1 followed by induction of labor4 7iii7 ,intracardiac or other intra-fetal injection of digoxin1 potassium chloride1 or other substance 7specify substance7 intended to kill the unborn child1 followed by induction of labor4 7iv7 ,partial-birth abortion1 as defined in section #aeca4 7v7 ,manual vacuum aspiration without other methods4 7vi7 ,electrical vacuum aspiration without other methods4 7vii7 ,abortion induced by use of mifepristone in combination with misoprostol4 7viii7 ,if none of the methods described in the other clauses of this subparagraph was employed1 whatever method was employed4 7,c7 ,age of woman ,the age or approximate age of the pregnant woman4 7,d7 ,compliance with requirements for exception ,the facts relied upon and the basis for any determinations required to establish compliance with the requirements for the exception provided by subsection 7b77#b74 7#c7 ,exclusions from reports 7,a7 ,a report required under this subsection shall not contain the name or the address of the woman whose pregnancy was terminated1 nor shall the report contain any other information identifying the woman4 7,b7 ,such report shall contain a unique ,medical ,record ,number1 to enable matching the report to the woman's medical records4 7,c7 ,such reports shall be maintained in strict confidence by the health agency1 shall not be available for public inspection1 and shall not be made available except-- 7i7 to the ,united ,states ,attorney for the ,district of ,columbia or that ,attorney's delegate for a criminal investigation or a civil investigation of conduct that may violate this section2 or 7ii7 pursuant to court order in an action under subsection 7e74 7#d7 ,public report ,not later than ,june #cj of each year beginning after the date of enactment of this paragraph1 the health agency shall issue a public report providing statistics for the previous calendar year compiled from all of the reports made to the health agency under this subsection for that year for each of the items listed in paragraph 7#b74 ,the report shall also provide the statistics for all previous calendar years during which this section was in effect1 adjusted to reflect any additional information from late or corrected reports4 ,the health agency 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 attempted4 7#e7 ,failure to submit report 7,a7 ,late fee ,any physician who fails to submit a report not later than #cj days after the date that report is due shall be subject to a late fee of #a1jjj for each additional #cj-;day period or portion of a #cj-;day period the report is overdue4 7,b7 ,court order to comply ,a court of competent jurisdiction may1 in a civil action commenced by the health agency1 direct any physician whose report under this subsection is still not filed as required1 or is incomplete1 more than #ahj days after the date the report was due1 to comply with the requirements of this section under penalty of civil contempt4 7,c7 ,disciplinary action ,intentional or reckless failure by any physician to comply with any requirement of this subsection1 other than late filing of a report1 constitutes sufficient cause for any disciplinary sanction which the ,health ,professional ,licensing ,administration of the ,district of ,columbia determines is appropriate1 including suspension or revocation of any license granted by the ,administration4 7#f7 ,forms and regulations ,not later than #ij days after the date of the enactment of this section1 the health agency shall prescribe forms and regulations to assist in compliance with this subsection4 7#g7 ,effective date of requirement ,paragraph 7#a7 of this subsection takes effect with respect to all abortions performed on and after the first day of the first calendar month beginning after the effective date of such forms and regulations4 7h7 ,definitions ,in this section the following definitions apply3 7#a7 ,abortion ,the term abortion means the use or prescription of any instrument1 medicine1 drug1 or any other substance or device-- 7,a7 to intentionally kill the unborn child of a woman known to be pregnant2 or 7,b7 to intentionally prematurely terminate the pregnancy of a woman known to be pregnant1 with an intention other than to increase the probability of a live birth or of preserving the life or health of the child after live birth1 or to remove a dead unborn child4 7#b7 ,attempt an abortion ,the term attempt1 with respect to an abortion1 means conduct that1 under the circumstances as the actor believes them to be1 constitutes a substantial step in a course of conduct planned to culminate in performing an abortion in the ,district of ,columbia4 7#c7 ,fertilization ,the term fertilization means the fusion of human spermatozoon with a human ovum4 7#d7 ,health agency ,the term health agency means the ,department of ,health of the ,district of ,columbia or any successor agency responsible for the regulation of medical practice4 7#e7 ,perform ,the term perform1 with respect to an abortion1 includes induce an abortion through a medical or chemical intervention including writing a prescription for a drug or device intended to result in an abortion4 7#f7 ,physician ,the term physician means a person licensed to practice medicine and surgery or osteopathic medicine and surgery1 or otherwise licensed to legally perform an abortion4 7#g7 ,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 ovum4 7#h7 ,probable post-fertilization age of the unborn child ,the term probable post-fertilization age of the unborn child means what1 in reasonable medical judgment1 will with reasonable probability be the postfertilization age of the unborn child at the time the abortion is planned to be performed or induced4 7#i7 ,reasonable medical judgment ,the term reasonable medical judgment means a medical judgment that would be made by a reasonably prudent physician1 knowledgeable about the case and the treatment possibilities with respect to the medical conditions involved4 7#aj7 ,unborn child ,the term unborn child means an individual organism of the species homo sapiens1 beginning at fertilization1 until the point of being born alive as defined in section #h7;b7 of title #a4 7#aa7 ,unemancipated minor ,the term unemancipated minor means a minor who is subject to the control1 authority1 and supervision of a parent or guardian1 as determined under the law of the ,state in which the minor resides4 7#ab7 ,woman ,the term woman means a female human being whether or not she has reached the age of majority4 4 7b7 ,clerical amendment ,the table of sections at the beginning of chapter #gd of title #ah1 ,united ,states ,code1 is amended by adding at the end the following new item3 #aecb4 ,district of ,columbia pain-capable unborn child protection4 4 7c7 ,chapter heading amendments 7#a7 ,chapter heading in chapter ,the chapter heading for chapter #gd of title #ah1 ,united ,states ,code1 is amended by striking ,partial-,birth ,abortions and inserting ,abortions4 7#b7 ,table of chapters for part ,i ,the item relating to chapter #gd in the table of chapters at the beginning of part ,i of title #ah1 ,united ,states ,code1 is amended by striking ,partial-,birth ,abortions and inserting ,abortions4