pregnant woman endangered by a physical 
disorder, physical illness, or physical in-
jury, including a life-endangering physical 
condition caused by or arising from the 
pregnancy itself, but not including psycho-
logical or emotional conditions; 
‘‘(ii) the pregnancy is the result of 
rape against an adult woman; or 
‘‘(iii) the pregnancy is a result of rape 
against a minor or incest against a minor. 
‘‘(C) REQUIREMENT
AS
TO
MANNER
OF 
PROCEDURE
PERFORMED.—Notwithstanding 
the definitions of ‘abortion’ and ‘attempt an 
abortion’ in this section, a physician termi-
nating or attempting to terminate a pregnancy 
under an exception provided by subparagraph 
(B) may do so only in the manner which, in 
reasonable medical judgment, provides the best 
opportunity for the unborn child to survive. 
‘‘(D) REQUIREMENT
THAT
A
PHYSICIAN 
TRAINED
IN
NEONATAL
RESUSCITATION
BE 
PRESENT.—If, in reasonable medical judgment, 
the unborn child has the potential to survive 
outside the womb, the physician who performs 
or attempts an abortion under an exception 
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provided by subparagraph (B) shall ensure a 
second physician trained in neonatal resuscita-
tion is present and prepared to provide care to 
the child consistent with the requirements of 
subparagraph (E). 
‘‘(E) CHILDREN BORN ALIVE AFTER AT-
TEMPTED ABORTIONS.—When a physician per-
forms or attempts an abortion in accordance 
with this section, and the child is born alive, the 
following shall apply: 
‘‘(i) DEGREE OF CARE REQUIRED.— 
Any health care practitioner present at the 
time shall humanely exercise the same de-
gree of professional skill, care, and dili-
gence to preserve the life and health of the 
child as a reasonably diligent and conscien-
tious health care practitioner would render 
to a child born alive at the same gesta-
tional age in the course of a natural birth. 
‘‘(ii) MANDATORY REPORTING OF VIO-
LATIONS.—A health care practitioner or 
employee of a hospital, a physician’s office, 
or an abortion clinic who has knowledge of 
a failure to comply with the requirements 
of this subparagraph must immediately re-
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port the failure to an appropriate State or 
Federal law enforcement agency or both. 
‘‘(F) INFORMED CONSENT.— 
‘‘(i) CONSENT FORM REQUIRED.—The 
physician who intends to perform or at-
tempt to perform an abortion under the 
provisions of subparagraph (B) may not 
perform any part of the abortion procedure 
without first obtaining a signed Informed 
Consent Authorization form in accordance 
with this subparagraph. 
‘‘(ii) CONTENT OF CONSENT FORM.— 
The Informed Consent Authorization form 
shall be presented in person by the physi-
cian and shall consist of— 
‘‘(I) a statement by the physician 
indicating the probable post-fertiliza-
tion age of the unborn child; 
‘‘(II) a statement that Federal 
law allows abortion after 20 weeks 
fetal age only if the mother faces se-
vere injury (the substantial and irre-
versible physical impairment of a 
major bodily function, not including 
psychological or emotional conditions) 
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or her life is endangered by a physical 
disorder, physical illness, or physical 
injury, when the pregnancy was the 
result of rape, or an act of incest 
against a minor; 
‘‘(III) a statement that the abor-
tion must be performed by the method 
most likely to allow the child to be 
born alive unless this would cause sig-
nificant risk to the mother; 
‘‘(IV) a statement that in any 
case in which an abortion procedure 
results in a child born alive, Federal 
law requires that child to be given 
every form of medical assistance that 
is provided to children spontaneously 
born prematurely, including transpor-
tation and admittance to a hospital; 
‘‘(V) a statement that these re-
quirements are binding upon the phy-
sician and all other medical personnel 
who are subject to criminal and civil 
penalties and that a woman on whom 
an abortion has been performed may 
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take civil action if these requirements 
are not followed; and 
‘‘(VI) affirmation that each sign-
er has filled out the informed consent 
form to the best of their knowledge 
and understands the information con-
tained in the form. 
‘‘(iii) SIGNATORIES
REQUIRED.—The 
Informed Consent Authorization form shall 
be signed in person by the woman seeking 
the abortion, the physician performing or 
attempting to perform the abortion, and a 
witness. 
‘‘(iv) 
RETENTION
OF
CONSENT 
FORM.—The physician performing or at-
tempting to perform an abortion must re-
tain the signed informed consent form in 
the patient’s medical file. 
‘‘(G) REQUIREMENT
FOR
DATA
RETEN-
TION.—Paragraph (j)(2) of section 164.530 of 
title 45, Code of Federal Regulations, shall 
apply to documentation required to be placed in 
a patient’s medical file pursuant to subpara-
graph (F) of subsection (b)(2) and a consent 
form required to be retained in a patient’s med-
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ical file pursuant to subparagraph (G) of such 
subsection in the same manner and to the same 
extent as such paragraph applies to documenta-
tion required by paragraph (j)(1) of such sec-
tion. 
‘‘(H) ADDITIONAL EXCEPTIONS AND RE-
QUIREMENTS.— 
‘‘(i) IN CASES OF RISK OF DEATH OR 
SEVERE INJURY TO THE MOTHER.—Sub-
paragraphs (C), (D), and (G) shall not 
apply if, in reasonable medical judgment, 
compliance with such paragraphs would 
pose a greater risk of— 
‘‘(I) the death of the pregnant 
woman; or 
‘‘(II) the substantial and irre-
versible physical impairment of a 
major bodily function, not including 
psychological or emotional conditions, 
of the pregnant woman. 
‘‘(ii) COMPLIANCE
WITH
CERTAIN 
STATE LAWS.— 
‘‘(I) STATE
LAWS
REGARDING 
REPORTING OF RAPE AND INCEST.— 
The physician who performs or at-
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tempts to perform an abortion under 
an exception provided by subpara-
graph (B) shall comply with such ap-
plicable State laws that are in effect 
as the State’s Attorney General may 
designate, regarding reporting re-
quirements in cases of rape or incest. 
‘‘(II) STATE
LAWS
REGARDING 
PARENTAL INVOLVEMENT.—The phy-
sician who intends to perform an 
abortion on a minor under an excep-
tion provided by subparagraph (B) 
shall comply with any applicable State 
laws requiring parental involvement in 
a minor’s decision to have an abor-
tion. 
‘‘(c) CRIMINAL PENALTY.—Whoever violates sub-
section (a) shall be fined under this title or imprisoned 
for not more than 5 years, or both. 
‘‘(d) BAR TO PROSECUTION.—A woman upon whom 
an abortion in violation of subsection (a) is performed or 
attempted may not be prosecuted under, or for a con-
spiracy to violate, subsection (a), or for an offense under 
section 2, 3, or 4 of this title based on such a violation. 
‘‘(e) CIVIL REMEDIES.— 
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‘‘(1) CIVIL ACTION BY A WOMAN ON WHOM AN 
ABORTION IS PERFORMED.—A woman upon whom 
an abortion has been performed or attempted in vio-
lation of any provision of this section may, in a civil 
action against any person who committed the viola-
tion, obtain appropriate relief. 
‘‘(2) CIVIL ACTION BY A PARENT OF A MINOR 
ON WHOM AN ABORTION IS PERFORMED.—A parent 
of a minor upon whom an abortion has been per-
formed or attempted under an exception provided for 
in subsection (b)(2)(B), and that was performed in 
violation of any provision of this section may, in a 
civil action against any person who committed the 
violation obtain appropriate relief, unless the preg-
nancy resulted from the plaintiff’s criminal conduct. 
‘‘(3) APPROPRIATE RELIEF.—Appropriate relief 
in a civil action under this subsection includes— 
‘‘(A) objectively verifiable money damages 
for all injuries, psychological and physical, occa-
sioned by the violation; 
‘‘(B) statutory damages equal to three 
times the cost of the abortion; and 
‘‘(C) punitive damages. 
‘‘(4) ATTORNEYS FEES FOR PLAINTIFF.—The 
court shall award a reasonable attorney’s fee as part 
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of the costs to a prevailing plaintiff in a civil action 
under this subsection. 
‘‘(5) ATTORNEYS FEES FOR DEFENDANT.—If a 
defendant in a civil action under this subsection pre-
vails and the court finds that the plaintiff’s suit was 
frivolous, the court shall award a reasonable attor-
ney’s fee in favor of the defendant against the plain-
tiff. 
‘‘(6) AWARDS AGAINST WOMAN.—Except under 
paragraph (5), in a civil action under this sub-
section, no damages, attorney’s fee or other mone-
tary relief may be assessed against the woman upon 
whom the abortion was performed or attempted. 
‘‘(f) DEFINITIONS.—In this section the following defi-
nitions apply: 
‘‘(1) ABORTION.—The term ‘abortion’ means 
the use or prescription of any instrument, medicine, 
drug, or any other substance or device— 
‘‘(A) to intentionally kill the unborn child 
of a woman known to be pregnant; or 
‘‘(B) to intentionally terminate the preg-
nancy of a woman known to be pregnant, with 
an intention other than— 
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‘‘(i) after viability to produce a live 
birth and preserve the life and health of 
the child born alive; or 
‘‘(ii) to remove a dead unborn child. 
‘‘(2) ATTEMPT.—The term ‘attempt’, with re-
spect to an abortion, means conduct that, under the 
circumstances as the actor believes them to be, con-
stitutes a substantial step in a course of conduct 
planned to culminate in performing an abortion. 
‘‘(3) 
COUNSELING.—The 
term 
‘counseling’ 
means counseling provided by a counselor licensed 
by the State, or a victims rights advocate provided 
by a law enforcement agency. 
‘‘(4) FACILITY.—The term ‘facility’ means any 
medical or counseling group, center or clinic and in-
cludes the entire legal entity, including any entity 
that controls, is controlled by, or is under common 
control with such facility. 
‘‘(5) FERTILIZATION.—The term ‘fertilization’ 
means the fusion of human spermatozoon with a 
human ovum. 
‘‘(6) MEDICAL TREATMENT.—The term ‘med-
ical treatment’ means treatment provided at a hos-
pital licensed by the State or operated under author-
ity of a Federal agency, at a medical clinic licensed 
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by the State or operated under authority of a Fed-
eral agency, or from a personal physician licensed by 
the State. 
‘‘(7) MINOR.—The term ‘minor’ means an indi-
vidual who has not attained the age of 18 years. 
‘‘(8) PERFORM.—The term ‘perform’, with re-
spect to an abortion, includes inducing an abortion 
through a medical or chemical intervention including 
writing a prescription for a drug or device intended 
to result in an abortion. 
‘‘(9) PHYSICIAN.—The term ‘physician’ means 
a person licensed to practice medicine and surgery 
or osteopathic medicine and surgery, or otherwise le-
gally authorized to perform an abortion. 
‘‘(10) 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 ovum. 
‘‘(11) PROBABLE POST-FERTILIZATION AGE OF 
THE UNBORN CHILD.—The term ‘probable post-fer-
tilization age of the unborn child’ means what, in 
reasonable medical judgment, will with reasonable 
probability be the post-fertilization age of the un-
born child at the time the abortion is planned to be 
performed or induced. 
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