,,ii #aacth ,,congress #ast ,session ,s4 #afgj ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,november #g1 #bjac,mr4 ,graham 7for himself1 ,mr4 ,mc,connell1 ,mr4 ,cornyn1 ,mr4 ,thune1 ,mr4 ,barrasso1 ,mr4 ,blunt1 ,mr4 ,moran1 ,mr4 ,portman1 ,mr4 ,scott1 ,mr4 ,hatch1 ,mr4 ,grassley1 ,mr4 ,rubio1 ,mr4 ,cruz1 ,mr4 ,roberts1 ,mr4 ,inhofe1 ,mr4 ,vitter1 ,mr4 ,hoeven1 ,mr4 ,johanns1 ,mr4 ,boozman1 ,mr4 ,crapo1 ,mr4 ,chambliss1 ,mr4 ,mc,cain1 ,mr4 ,enzi1 ,mr4 ,risch1 ,mr4 ,coats1 ,mr4 ,coburn1 ,mr4 ,burr1 ,mr4 ,johnson of ,wisconsin1 ,mr4 ,cochran1 ,mr4 ,wicker1 ,mr4 ,isakson1 ,mrs4 ,fischer1 ,mr4 ,shelby1 ,mr4 ,flake1 ,ms4 ,ayotte1 ,mr4 ,sessions1 and ,mr4 ,lee7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to amend title #ah1 ,united ,states ,code1 to protect pain-capable unborn children1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,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 ,in the ,united ,states1 surgery of this type is being performed by #bj weeks after fertilization and earlier in specialized units affiliated with children's hospitals4 7#f7 ,the position1 asserted by some physicians1 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 #c4 ,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 ,pain-capable unborn child protection 7a7 ,unlawful conduct ,notwithstanding any other provision of law1 it shall be unlawful for any person to perform an abortion 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 if-- 7i7 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 conditions2 or 7ii7 the pregnancy is the result of rape1 or the result of incest against a minor1 if the rape has been reported at any time prior to the abortion to an appropriate law enforcement agency1 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 neglect4 7,c7 ,notwithstanding the definitions of abortion and attempt an abortion in this section1 a physician terminating or attempting to terminate a pregnancy under an 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 #e 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 of this title based on such a violation4 7e7 ,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 terminate the pregnancy of a woman known to be pregnant1 with an intention other than-- 7i7 after viability to produce a live birth and preserve the life and health of the child born alive2 or 7ii7 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 abortion4 7#c7 ,fertilization ,the term fertilization means the fusion of human spermatozoon with a human ovum4 7#d7 ,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#e7 ,physician ,the term physician means a person licensed to practice medicine and surgery or osteopathic medicine and surgery1 or otherwise legally authorized to perform an abortion4 7#f7 ,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#g7 ,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#h7 ,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#i7 ,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#aj7 ,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 ,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