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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] ...
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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