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H.R. 4421 (ih) To amend the Internal Revenue Code of 1986 to provide that the exclusion of gain on sale of a principal residence shall apply to certain farmland sold with the principal residence. [Introduced in House] ...


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108th CONGRESS
  2d Session
                                H. R. 4420

 To ensure that women seeking an abortion are fully informed regarding 
              the pain experienced by their unborn child.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 20, 2004

 Mr. Smith of New Jersey (for himself, Mr. Hyde, Mrs. Jo Ann Davis of 
   Virginia, Mr. Alexander, Mr. Pitts, Mrs. Myrick, Mr. Souder, Mr. 
  Burgess, Mr. Lincoln Diaz-Balart of Florida, Ms. Ros-Lehtinen, Mr. 
Aderholt, Mr. Tiahrt, Mr. Crane, Mr. Neugebauer, Mr. Franks of Arizona, 
 Mr. Istook, Mr. Akin, Mr. Stearns, Mr. Renzi, Mr. Shimkus, Mr. Pence, 
  Mr. DeMint, Mr. Collins, Mr. Brady of Texas, Mr. King of Iowa, Mr. 
Tancredo, Mr. Ryun of Kansas, and Mr. Toomey) introduced the following 
    bill; which was referred to the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
 To ensure that women seeking an abortion are fully informed regarding 
              the pain experienced by their unborn child.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Unborn Child Pain Awareness Act of 
2004''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) At least 20 weeks after fertilization, an unborn child 
        has the physical structures necessary to experience pain.
            (2) There is substantial evidence that by 20 weeks after 
        fertilization, unborn children draw away from certain stimuli 
        in a manner which in an infant or an adult would be interpreted 
        as a response to pain.
            (3) Anesthesia is routinely administered to unborn children 
        who have developed 20 weeks or more past fertilization who 
        undergo prenatal surgery.
            (4) There is substantial evidence that the abortion methods 
        most commonly used 20 weeks after fertilization cause 
        substantial pain to an unborn child, whether by dismemberment, 
        poisoning, penetrating or crushing the skull, or other methods. 
        Examples of abortion methods used 20 weeks after fertilization 
        include, but are not limited to the following:
                    (A) The Dilation and Evacuation (DE) method of 
                abortion is commonly performed in the second trimester 
                of pregnancy. In a dilation and evacuation abortion, 
                the unborn child's body parts are grasped at random 
                with a long-toothed clamp. The fetal body parts are 
                then torn off of the body and pulled out of the vaginal 
                canal. The remaining body parts are grasped and pulled 
                out until only the head remains. The head is then 
                grasped and crushed in order to remove it from the 
                vaginal canal.
                    (B) Partial-Birth Abortion is an abortion in which 
                the abortion practitioner delivers an unborn child's 
                body until only the head remains inside the womb, 
                punctures the back of the child's skull with a sharp 
                instrument, and sucks the child's brains out before 
                completing the delivery of the dead infant.
            (5) Expert testimony confirms that by 20 weeks after 
        fertilization an unborn child may experience substantial pain 
        even if the woman herself has received local analgesic or 
        general anesthesia.
            (6) Medical science is capable of reducing such pain 
        through the administration of anesthesia or other pain-reducing 
        drugs directly to the unborn child.
            (7) There is a valid Federal Government interest in 
        reducing the number of events in which great pain is inflicted 
        on sentient creatures. Examples of this are laws governing the 
        use of laboratory animals and requiring pain-free methods of 
        slaughtering livestock, which include, but are not limited to 
        the following:
                    (A) Section 2 of the Humane Slaughter Act (7 U.S.C. 
                1902) states, ``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 humane. Either of the following two methods of 
                slaughtering and handling are hereby found to be 
                humane:
                            ``(i) in the case of cattle, calves, 
                        horses, mules, sheep, swine, and other 
                        livestock, all animals are rendered insensible 
                        to pain by a single blow or gunshot or an 
                        electrical, chemical or other means that is 
                        rapid and effective, before being shackled, 
                        hoisted, thrown, cast, or cut; or
                            ``(ii) 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 
                        slaughtering.''.
                    (B) Section 13(a)(3) of the Animal Welfare Act (7 
                U.S.C. 2143(a)(3)) sets the standards and certification 
                process for the humane handling, care, treatment, and 
                transportation of animals. This includes having 
                standards with respect to animals in research 
                facilities that include requirements--
                            ``(i) for animal care, treatment, and 
                        practices in experimental procedures to ensure 
                        that animal pain and distress are minimized, 
                        including adequate veterinary care with the 
                        appropriate use of anesthetic, analgesic, 
                        tranquilizing drugs, or euthanasia;
                            ``(ii) that the principal investigator 
                        considers alternatives to any procedure likely 
                        to produce pain to or distress in an 
                        experimental animal;
                            ``(iii) in any practice which could cause 
                        pain to animals--
                                    ``(I) that a doctor of veterinary 
                                medicine is consulted in the planning 
                                of such procedures;
                                    ``(II) for the use of 
                                tranquilizers, analgesics, and 
                                anesthetics;
                                    ``(III) for pre-surgical and post-
                                surgical care by laboratory workers, in 
                                accordance with established veterinary 
                                medical and nursing procedures;
                                    ``(IV) against the use of 
                                paralytics without anesthesia; and
                                    ``(V) that the withholding of 
                                tranquilizers, anesthesia, analgesia, 
                                or euthanasia when scientifically 
                                necessary shall continue for only the 
                                necessary period of time;''.
                    (C) Section 495 of the Public Health Service Act 
                (42 U.S.C. 289d) directs the Secretary of Health and 
                Human Services, acting through the Director of the 
                National Institutes of Health, to establish guidelines 
                for research facilities as to the proper care and 
                treatment of animals, including the appropriate use of 
                tranquilizers, analgesics, and other drugs, except that 
                such guidelines may not prescribe methods of research. 
                Entities that conduct biomedical and behavioral 
                research with National Institutes of Health funds must 
                establish animal care committees which must conduct 
                reviews at least semi-annually and report to the 
                Director of such Institutes at least annually. If the 
                Director determines that an entity has not been 
                following the guidelines, the Director must give the 
                entity an opportunity to take corrective action, and, 
                if the entity does not, the Director must suspend or 
                revoke the grant or contract involved.

SEC. 3. AMENDMENT TO THE PUBLIC HEALTH SERVICE ACT.

    The Public Health Service Act (42 U.S.C. 201 et seq.) is amended by 
adding at the end the following:

               ``TITLE XXIX--UNBORN CHILD PAIN AWARENESS

``SEC. 2901. DEFINITIONS.

    ``In this title:
            ``(1) Abortion.--The term `abortion' means the intentional 
        use or prescription of any instrument, medicine, drug, or any 
        other substance or device to terminate the pregnancy of a woman 
        known to be pregnant with an intention other than to increase 
        the probability of a live birth, to preserve the life or health 
        of the child after live birth, or to remove a dead fetus.
            ``(2) Abortion provider.--The term `abortion provider' 
        means any person legally qualified to perform an abortion under 
        applicable Federal and State laws.
            ``(3) Pain-capable unborn child.--
                    ``(A) In general.--The term `pain-capable unborn 
                child' means an unborn child who has reached a probable 
                stage of development of 20 weeks after fertilization.
                    ``(B) Rule of construction.--Nothing in 
                subparagraph (A) 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 20 weeks after fertilization.
            ``(4) 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 
        performed, as determined in the good faith judgment of the 
        abortion provider on the basis of examination of the unborn 
        child using ultrasound or other imaging technology, in addition 
        to information obtained by interviewing the pregnant woman.
            ``(5) Unborn child.--The term `unborn child' means a member 
        of the species homo sapiens, at any stage of development, who 
        is carried in the womb.
            ``(6) Woman.--The term `woman' means a female human being 
        who is capable of becoming pregnant, whether or not she has 
        reached the age of majority.

``SEC. 2902. REQUIREMENT OF INFORMED CONSENT.

    ``(a) Requirement of Compliance by Providers.--An abortion provider 
performing any abortion, of a pain-capable unborn child, that is in or 
affecting interstate commerce shall comply with the requirements of 
this title.
    ``(b) Provision of Consent.--
            ``(1) In general.--Before any part of an abortion involving 
        a pain-capable unborn child begins, the abortion provider or 
        his or her agent shall provide the pregnant woman involved, by 
        telephone or in person, with the information described in 
        paragraph (2).
            ``(2) Required information.--
                    ``(A) Oral statement.--
                            ``(i) In general.--An abortion provider or 
                        the provider's agent to whom paragraph (1) 
                        applies shall make the following oral statement 
                        to the pregnant woman (or in the case of a deaf 
                        or non-English speaking woman, provide the 
                        statement in a manner that she can easily 
                        understand):
                        You are considering having an abortion of an 
                        unborn child who will have developed, at the 
                        time of the abortion, approximately __ weeks 
                        after fertilization. The Congress of the United 
                        States has determined that at this stage of 
                        development, an unborn child has the physical 
                        structures necessary to experience pain. There 
                        is substantial evidence that by this point, 
                        unborn children draw away from surgical 
                        instruments in a manner which in an infant or 
                        an adult would be interpreted as a response to 
                        pain. Congress finds that there is substantial 
                        evidence that the process of being killed in an 
                        abortion will cause the unborn child pain, even 
                        though you receive a pain-reducing drug or 
                        drugs. Under the Federal Unborn Child Pain 
                        Awareness Act of 2004, you have the option of 
                        choosing to have anesthesia or other pain-
                        reducing drug or drugs administered directly to 
                        the pain-capable unborn child if you so desire. 
                        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 procedure. In some cases, there may be 
                        some additional risk to you associated with 
                        administering such a drug.'.
                            ``(ii) Description of risks.--After making 
                        the statement required under clause (i), the 
                        abortion provider may provide the woman 
                        involved with his or her best medical judgment 
                        on the risks of administering such anesthesia 
                        or analgesic, if any, and the costs associated 
                        therewith.
                            ``(iii) Administration of anesthesia.--If 
                        the abortion provider is not qualified or 
                        willing to administer the anesthesia or other 
                        pain-reducing drug in response to the request 
                        of a pregnant women after making the statement 
                        required under clause (i), the provider shall--
                                    ``(I) arrange for a qualified 
                                specialist to administer such 
                                anesthesia or drug; or
                                    ``(II) advise the pregnant woman--
                                            ``(aa) where she may obtain 
                                        such anesthesia or other pain 
                                        reducing drugs for the unborn 
                                        child in the course of an 
                                        abortion; or
                                            ``(bb) that the abortion 
                                        provider is unable to perform 
                                        the abortion if the woman 
                                        elects to receive anesthesia or 
                                        other pain-reducing drug for 
                                        her unborn child.
                            ``(iv) 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 
                        pain, the advisability of administering pain-
                        reducing drugs to the unborn child, or any 
                        other matter, as long as such provider or agent 
                        provides the required information, obtains the 
                        woman's signature on the decision form, and 
                        otherwise complies with the affirmative 
                        requirements of the law.

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