,,ii  #aacth ,,congress  #ast ,session  
,s4 #cef  ,,in ,,the ,,senate ,,of ,,the
 ,,united ,,states  ,february #ad1 #bjac
 ,mr4 ,johanns 7for himself1 ,mr4       
,inhofe1 ,mr4 ,grassley1 ,mrs4 ,fischer1
 ,mr4 ,boozman1 ,mr4 ,enzi1 ,mr4 ,thune1
 ,mr4 ,risch1 ,mr4 ,vitter1 and ,mr4    
,cochran7 introduced the following bill2
 which was read twice and referred to   
the ,committee on ,health1 ,education1  
,labor1 and ,pensions  ,a ,,bill  ,to   
ensure that women seeking an abortion   
are fully informed regarding the pain   
experienced by their unborn child4  #a4 
,short title ,this ,act may be cited as 
the ,unborn ,child ,pain ,awareness ,act
 of #bjac4  #b4 ,findings ,congress     
makes the following findings3  7#a7 ,at 
least by #bj weeks after fertilization1 
an unborn child has the physical        
structures necessary to experience pain4
  7#b7 ,there is substantial evidence   
that by #bj weeks after fertilization1  
unborn children draw away from certain  
stimuli in a manner which in an infant  

or an adult would be interpreted as a   
response to pain4  7#c7 ,anesthesia is  
routinely administered to unborn        
children who have developed #bj weeks or
 more after fertilization who undergo   
prenatal surgery4  7#d7 ,there is       
substantial evidence that the abortion  
methods most commonly used #bj weeks or 
more after fertilization cause          
substantial pain to an unborn child1    
whether by dismemberment1 poisoning1    
penetrating or crushing the skull1 or   
other methods4 ,examples of abortion    
methods used #bj weeks or more after    
fertilization include1 but are not      
limited to the following3  7,a7 ,the    
dilation and evacuation 7,d and ,e7     
method of abortion is commonly performed
 in the second trimester of pregnancy4  
,in a dilation and evacuation abortion1 
the unborn child's body parts are       
grasped with a long-toothed clamp4 ,the 
fetal body parts are then torn from the 
body and pulled out of the vaginal      
canal4 ,the remaining body parts are    

grasped and pulled out until only the   
head remains4 ,the head is then grasped 
and crushed in order to remove it from  
the vaginal canal4  7,b7 ,partial-birth 
abortion is an abortion in which the    
abortion practitioner delivers an unborn
 child's body until only the head       
remains inside the womb1 punctures the  
back of the child's skull with a sharp  
instrument1 and sucks the child's brains
 out before completing the delivery of  
the dead infant1 and as further defined 
in section #aeca of title #ah1 ,united  
,states ,code4  7#e7 ,expert testimony  
confirms that by #bj weeks after        
fertilization an unborn child may       
experience substantial pain even if the 
woman herself has received local        
analgesic or general anesthesia4  7#f7  
,medical science is capable of reducing 
such pain through the administration of 
anesthesia or other pain-reducing drugs 
directly to the unborn child4  7#g7     
,there is a valid ,federal ,government  
interest in preventing or reducing the  

infliction of pain on sentient          
creatures4 ,examples of this are laws   
governing the use of laboratory animals 
and requiring pain-free methods of      
slaughtering livestock1 which include1  
but are not limited to the following3   
7,a7 ,section #b of the ,act commonly   
known as the ,humane ,slaughter ,act of 
#aieh 7,public ,law #he-gfe2 #g         
,u4,s4,c4 #aijb7 states1  ,no method of 
slaughter or handling in connection with
 slaughtering shall be deemed to comply 
with the public policy of the ,united   
,states unless it is humane4 ,either of 
the following two methods of            
slaughtering and handling are hereby    
found to be humane-- 7i7 in the case of 
cattle1 calves1 horses1 mules1 sheep1   
swine1 and other livestock1 all animals 
are rendered insensible to pain by a    
single blow or gunshot or an electrical1
 chemical or other means that is rapid  
and effective1 before being shackled1   
hoisted1 thrown1 cast1 or cut2 or  7ii7 
by slaughtering in accordance with the  

ritual requirements of the ,jewish faith
 or any other religious faith that      
prescribes a method of slaughter whereby
 the animal suffers loss of             
consciousness by anemia of the brain    
caused by the simultaneous and          
instantaneous severance of the carotid  
arteries with a sharp instrument and    
handling in connection with such        
slaughtering4  4  7,b7 ,section         
#ac7;a77#c7 of the ,animal ,welfare ,act
 7#g ,u4,s4,c4 #badc7;a77#c77 sets the  
standards and certification process for 
the humane handling1 care1 treatment1   
and transportation of animals4 ,this    
includes having standards with respect  
to animals in research facilities that  
include requirements--  7i7 for animal  
care1 treatment1 and practices in       
experimental procedures to ensure that  
animal pain and distress are minimized1 
including adequate veterinary care with 
the appropriate use of anesthetic1      
analgesic1 tranquilizing drugs1 or      
euthanasia2  7ii7 that the principal    

investigator considers alternatives to  
any procedure likely to produce pain to 
or distress in an experimental animal2  
and  7iii7 in any practice which could  
cause pain to animals--  7,i7 that a    
doctor of veterinary medicine is        
consulted in the planning of such       
procedures2  7,,ii7 for the use of      
tranquilizers1 analgesics1 and          
anesthetics2  7,,iii7 for pre-surgical  
and post-surgical care by laboratory    
workers1 in accordance with established 
veterinary medical and nursing          
procedures2  7,,iv7 against the use of  
paralytics without anesthesia2 and  7,v7
 that the withholding of tranquilizers1 
anesthesia1 analgesia1 or euthanasia    
when scientifically necessary shall     
continue for only the necessary period  
of time4  7,c7 ,section #die of the     
,public ,health ,service ,act 7#db      
,u4,s4,c4 #bhi;d7 directs the ,secretary
 of ,health and ,human ,services1 acting
 through the ,director of the ,national 
,institutes of ,health1 to establish    

guidelines for research facilities as to
 the proper care and treatment of       
animals1 including the appropriate use  
of tranquilizers1 analgesics1 and other 
drugs1 except that such guidelines may  
not prescribe methods of research4      
,entities that conduct biomedical and   
behavioral research with ,national      
,institutes of ,health funds must       
establish animal care committees which  
must conduct reviews at least           
semiannually and report to the ,director
 of such ,institutes at least annually4 
,if the ,director determines that an    
entity has not been following the       
guidelines1 the ,director must give the 
entity an opportunity to take corrective
 action1 and1 if the entity does not1   
the ,director must suspend or revoke the
 grant or contract involved4  7#h7      
,there is a valid ,federal ,government  
interest in preventing harm to          
developing human life at all stages4    
,examples of this include regulations   
protecting fetal human subjects from    

risks of harm or discomfort in federally
 funded biomedical research1 #de ,,cfr  
#ajb7;i7 and #de ,,cfr #df4bja et seq4  
#c4 ,amendment to the ,public ,health   
,service ,act ,the ,public ,health      
,service ,act 7#db ,u4,s4,c4 #bja et    
seq47 is amended by adding at the end   
the following3  ,,xxxiv ,unborn child   
pain awareness  #cdja4 ,definitions ,in 
this title3  7#a7 ,abortion ,the term   
abortion means the intentional use or   
prescription of any instrument1         
medicine1 drug1 or any other substance  
or device or method to terminate the    
life of an unborn child1 or to terminate
 the pregnancy of a woman known to be   
pregnant with an intention other than-- 
7,a7 to produce a live birth and        
preserve the life and health of the     
child after live birth2 or  7,b7 to     
remove an ectopic pregnancy1 or to      
remove a dead unborn child who died as  
the result of a spontaneous abortion1   
accidental trauma or a criminal assault 
on the pregnant female or her unborn    

child4  7#b7 ,abortion provider ,the    
term abortion provider means any person 
legally qualified to perform an abortion
 under applicable ,federal and ,state   
laws4  7#c7 ,pain-capable unborn child  
7,a7 ,in general ,the term pain-capable 
unborn child means an unborn child who  
has reached a probable stage of         
development of #bj weeks or more after  
fertilization4  7,b7 ,rule of           
construction ,nothing in subparagraph   
7,a7 shall be construed as a            
determination or finding by ,congress   
that pain may not in fact be experienced
 by an unborn child at stages of        
development prior to #bj weeks or more  
after fertilization4  7#d7 ,probable age
 of development ,the term probable age  
of development means the duration of    
development after fertilization of the  
unborn child at the time an abortion is 
performed1 as determined in the good    
faith judgment of the abortion provider 
using generally accepted medical        
criteria and information obtained by    

interviewing the pregnant woman4  7#e7  
,unborn child ,the term unborn child    
means a member of the species homo      
sapiens1 at any stage of development1   
who is carried in the womb4  7#f7 ,woman
 ,the term woman means a female human   
being whether or not she has reached the
 age of majority4  7#g7 ,unemancipated  
minor ,the term unemancipated minor     
means an individual who is not older    
than #ah years and who is not           
emancipated under ,state law4  #cdjb4   
,requirement of informed consent  7a7   
,requirement of ,compliance by          
,providers ,any abortion provider in or 
affecting interstate or foreign         
commerce1 who knowingly performs any    
abortion of a pain-capable unborn child1
 shall comply with the requirements of  
this title4  7b7 ,provision of consent  
7#a7 ,in general ,before any part of an 
abortion involving a pain-capable unborn
 child begins1 the abortion provider or 
his or her agent shall provide the      
pregnant woman involved1 by telephone or

 in person1 with the information        
described in paragraph 7#b74 ,it may not
 be provided by a tape recording1 but   
must be provided in a fashion that      
permits the woman to ask questions of   
and receive answers from the abortion   
provider or his agent4 7,in the case of 
the ,unborn ,child ,pain ,awareness     
,brochure1 it may be provided pursuant  
to subsection 7c77#b7 or 7c77#c774  7#b7
 ,required information  7,a7 ,in general
 ,an abortion provider or the provider's
 agent to whom paragraph 7#a7 applies   
shall provide the following information 
to the pregnant woman 7or in the case of
 a deaf or non-,english speaking woman1 
provide the statement in a manner that  
she can easily understand73  7i7 ,age of
 unborn baby ,the probable age of       
development of the unborn baby based on 
the number of weeks since fertilization4
  7ii7 ,unborn child pain awareness     
brochure ,an abortion provider to whom  
paragraph 7#a7 applies must provide the 
pregnant woman with the ,unborn ,child  

,pain ,awareness ,brochure 7referred to 
in this section as the ,brochure7 to be 
developed by the ,department of ,health 
and ,human ,services under subsection   
7c7 or with the information described in
 subsection 7c77#b7 relating to         
accessing such ,brochure4  7iii7 ,use of
 pain-preventing drugs ,drugs           
administered to the mother may not      
prevent the unborn child from feeling   
pain1 but in some cases1 anesthesia or  
other pain-reducing drug or drugs can be
 administered directly to the unborn    
child4  7iv7 ,description of risks      
,after providing the information        
required under clauses 7i71 7ii71 and   
7iii7 the abortion provider shall       
provide the woman involved with his or  
her best medical judgment on the risks1 
if any1 of administering such anesthesia
 or analgesic1 and the costs associated 
therewith4  7v7 ,administration of      
anesthesia ,if the abortion provider is 
not qualified or willing to administer  
the anesthesia or other pain-reducing   

drug to an unborn child in response to a
 request from a pregnant women1 the     
provider shall--  7,i7 arrange for a    
qualified specialist to administer such 
anesthesia or drug2 or  7,,ii7 advise   
the pregnant woman--  7aa7 where she may
 obtain such anesthesia or other pain   
reducing drugs for the unborn child in  
the course of an abortion2 or  7bb7 that
 the abortion provider is unable to     
perform the abortion if the woman       
requires that she receive anesthesia or 
other pain-reducing drug for her unborn 
child4  7vi7 ,unborn child pain         
awareness decision form ,an abortion    
provider to which paragraph 7#a7 applies
 shall provide the pregnant woman with  
the ,unborn ,child ,pain ,awareness     
,decision ,form 7provided for under     
subsection 7d77 and obtain the          
appropriate signature of the woman on   
such form4  7vii7 ,rule of construction 
,nothing in this section may be         
construed to impede an abortion provider
 or the abortion provider's agent from  

offering their own evaluation on the    
capacity of the unborn child to         
experience pain1 the advisability of    
administering pain-reducing drugs to the
 unborn child1 or any other matter1 as  
long as such provider or agent provides 
the required information1 obtains the   
woman's signature on the decision form1 
and otherwise complies with the         
affirmative requirements of the law4    
7,b7 ,unborn child pain awareness       
brochure ,an abortion provider to whom  
paragraph 7#a7 applies shall provide the
 pregnant woman with the ,unborn ,child 
,pain ,awareness ,brochure 7referred to 
in this section as the ,brochure7 to be 
developed by the ,department of ,health 
and ,human ,services under subsection   
7c7 or with the information described in
 subsection 7c77#b7 relating to         
accessing such ,brochure4  7,c7 ,unborn 
child pain awareness decision form ,an  
abortion provider to which paragraph    
7#a7 applies shall provide the pregnant 
woman with the ,unborn ,child ,pain     

,awareness ,decision ,form 7provided for
 under subsection 7d77 and obtain the   
appropriate signature of the woman on   
such form4  7c7 ,unborn child pain      
awareness brochure  7#a7 ,development   
,not later than #ij days after the date 
of enactment of this title1 the         
,secretary shall develop an ,unborn     
,child ,pain ,awareness ,brochure4 ,such
 ,brochure shall--  7,a7 be written in  
,english and ,spanish2  7,b7 contain the
 following text3 ,your doctor has       
determined that1 in his or her best     
medial judgment1 your unborn child is at
 least #bj weeks old4 ,there is a       
significant body of evidence that unborn
 children at #bj weeks after            
fertilization have the physical         
structures necessary to experience pain4
 ,there is substantial evidence that at 
least by this point1 unborn children    
draw away from surgical instruments in a
 manner which in an infant or an adult  
would be interpreted as a response to   
pain4 ,there is substantial evidence    

that the process of being killed in an  
abortion will cause the unborn child    
pain1 even though you receive a         
pain-reducing drug or drugs4 ,under the 
,federal ,unborn ,child ,pain ,awareness
 ,act of #bjac1 you have a right to know
 that there is evidence that the process
 of being killed in an abortion will    
cause your unborn child pain4 ,you may  
request that anesthesia or other        
pain-reducing drug or drugs are         
administered directly to the            
pain-capable unborn child if you so     
desire4 ,the purpose of administering   
such drug or drugs would be to reduce or
 eliminate the capacity of the unborn   
child to experience pain during the     
abortion procedure4 ,in some cases1     
there may be some additional risk to you
 associated with administering such a   
drug42  7,c7 contain greater detail on  
her option of having a pain-reducing    
drug or drugs administered to the unborn
 child to reduce the experience of pain 
by the unborn child during the abortion2

  7,d7 be written in an objective and   
nonjudgmental manner and be printed in a
 typeface large enough to be clearly    
legible2 and  7,e7 be made available by 
the ,secretary at no cost to any        
abortion provider4  7#b7 ,internet      
information ,the ,brochure under this   
section shall be available on the       
,internet website of the ,department of 
,health and ,human ,services at a       
minimum resolution of #gj ,,dpi 7dots   
per inch74 ,all pictures appearing on   
the website shall be a minimum of       
#bjjx#cjj pixels4 ,all letters on the   
website shall be a minimum of #ab point 
font4 ,all such information and pictures
 shall be accessible with an industry   
standard browser1 requiring no          
additional plug-ins4  7#c7 ,presentation
 of brochure ,an abortion provider or   
his or her agent must provide a pregnant
 woman with the ,brochure1 developed    
under paragraph 7#a71 before any part of
 an abortion of a pain-capable child    
begins4 ,the brochure may be provided-- 

7,a7 through an in-person visit by the  
pregnant woman2  7,b7 through an e-mail 
attachment1 from the abortion provider  
or his or her agent2 or  7,c7 by        
certified mail1 mailed to the woman at  
least #gb hours before any part of the  
abortion begins4  7#d7 ,waiver ,after   
the abortion provider or his or her     
agent offers to provide a pregnant woman
 the brochure1 a pregnant woman may     
waive receipt of the brochure under this
 subsection by signing the waiver form  
contained in the ,unborn ,child ,pain   
,awareness ,decision ,form4  7d7 ,unborn
 child pain awareness decision form ,not
 later than #cj days after the date of  
enactment of this title1 the ,secretary 
shall develop an ,unborn ,child ,pain   
,awareness ,decision ,form4 ,to be      
valid1 such form shall--  7#a7 with     
respect to the pregnant woman--  7,a7   
contain a statement that affirms that   
the woman has received or been offered  
all of the information required in      
subsection 7b72  7,b7 affirm that the   

woman has read the following statement3 
,you are considering having an abortion 
of an unborn child who will have        
developed1 at the time of the abortion1 
approximately  weeks after              
fertilization4 ,there is a significant  
body of evidence that unborn children at
 #bj weeks after fertilization have the 
physical structures necessary to        
experience pain4 ,there is substantial  
evidence that at least by this point1   
unborn children draw away from surgical 
instruments in a manner which in an     
infant or an adult would be interpreted 
as a response to pain4 ,there is        
substantial evidence that the process of
 being killed in an abortion will cause 
the unborn child pain1 even though you  
receive a pain-reducing drug or drugs4  
,under the ,federal ,unborn ,child ,pain
 ,awareness ,act of #bjac1 you have a   
right to know that there is evidence    
that the process of being killed in an  
abortion will cause your unborn child   
pain4 ,you may request that anesthesia  

or other pain-reducing drug or drugs are
 administered directly to the           
pain-capable unborn child if you so     
desire4 ,the purpose of administering   
such drug or drugs would be to reduce or
 eliminate the capacity of the unborn   
child to experience pain during the     
abortion procedure4 ,in some cases1     
there may be some additional risk to you
 associated with administering such a   
drug42  7,c7 require the woman to       
explicitly either request or refuse the 
administration of pain-reducing drugs to
 the unborn child2 and  7,d7 be signed  
by a pregnant woman prior to the        
performance of an abortion involving a  
pain-capable unborn child2 and  7#b7    
with respect to the abortion provider-- 
7,a7 contain a statement that the       
provider has provided the woman with all
 of the information required under      
subsection 7b72  7,b7 if applicable1    
contain a certification by the provider 
that an exception described in section  
#cdjc applies and the detailed reasons  

for such certification2 and  7,c7 be    
signed by the provider prior to the     
performance of the abortion procedure4  
7e7 ,maintenance of records ,the        
,secretary shall promulgate regulations 
relating to the period of time during   
which copies of forms under subsection  
7d7 shall be maintained by abortion     
providers4  #cdjc4 ,exception to save   
the life of the mother ,the provisions  
of section #cdjb shall not apply to an  
abortion provider in the case that the  
abortion is necessary to save the life  
of a mother 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 
itself4  #cdjd4 ,penalties for failure  
to comply  7a7 ,in ,general ,an abortion
 provider who willfully fails to comply 
with the provisions of this title shall 
be subject to civil penalties in        
accordance with this section in an      
appropriate ,federal court4  7b7        

,commencement of ,action ,the ,attorney 
,general of the ,united ,states may     
commence a civil action under this      
section4  7c7 ,first offense ,upon a    
finding by a court that a respondent in 
an action commenced under this section  
has knowingly violated a provision of   
this title1 the court shall notify the  
appropriate ,state medical licensing    
authority and shall assess a civil      
penalty against the respondent in an    
amount not to exceed #ajj1jjj4  7d7     
,second and subsequent offenses ,upon a 
finding by a court that the respondent  
in an action commenced under this       
section has knowingly violated a        
provision of this title and the         
respondent has been found to have       
knowingly violated a provision of this  
title on a prior occasion1 the court    
shall notify the appropriate ,state     
medical licensing authority and shall   
assess a civil penalty against the      
respondent in an amount not to exceed   
#bej1jjj4  7e7 ,private right of action 

,a pregnant woman upon whom an abortion 
has been performed in violation of this 
title1 or the parent or legal guardian  
of such a woman if she is an            
unemancipated minor1 may commence a     
civil action against the abortion       
provider for any knowing or reckless    
violation of this title for actual and  
punitive damages4  4  #d4 ,preemption   
,nothing in this ,act or the amendments 
made by this ,act shall be construed to 
preempt any provision of ,state law to  
the extent that such ,state law         
establishes1 implements1 or continues in
 effect greater protections for unborn  
children from pain than the protections 
provided under this ,act and the        
amendments made by this ,act4  #e4      
,severability ,the provisions of this   
,act shall be severable4 ,if any        
provision of this ,act1 or any          
application thereof1 is found           
unconstitutional1 that finding shall not
 affect any provision or application of 
the ,act not so adjudicated4