‘‘(A) contain a statement that the provider 
has provided the woman with all of the informa-
tion required under subsection (b); 
‘‘(B) if applicable, contain a certification 
by the provider that an exception described in 
section 3003 applies and the detailed reasons 
for such certification; and 
‘‘(C) be signed by the provider prior to the 
performance of the abortion procedure. 
‘‘(e) MAINTENANCE OF RECORDS.—The Secretary 
shall promulgate regulations relating to the period of time 
during which copies of forms under subsection (d) shall 
be maintained by abortion providers. 
‘‘SEC. 3003. EXCEPTION TO SAVE THE LIFE OF THE MOTH-
ER. 
‘‘The provisions of section 3002 shall not apply to 
an abortion provider in the case that the abortion is nec-
essary to save the life of a mother whose life is endangered 
by a physical disorder, physical illness, or physical injury, 
including a life-endangering physical condition caused by 
or arising from the pregnancy itself. 
‘‘SEC. 3004. PENALTIES FOR FAILURE TO COMPLY. 
‘‘(a) IN GENERAL.—An abortion provider who will-
fully fails to comply with the provisions of this title shall 
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be subject to civil penalties in accordance with this section 
in an appropriate Federal court. 
‘‘(b) COMMENCEMENT OF ACTION.—The Attorney 
General of the United States may commence a civil action 
under this section. 
‘‘(c) FIRST OFFENSE.—Upon a finding by a court 
that a respondent in an action commenced under this sec-
tion has knowingly violated a provision of this title, the 
court shall notify the appropriate State medical licensing 
authority and shall assess a civil penalty against the re-
spondent in an amount not to exceed $100,000. 
‘‘(d) SECOND AND SUBSEQUENT OFFENSES.—Upon 
a finding by a court that the respondent in an action com-
menced under this section has knowingly violated a provi-
sion of this title and the respondent has been found to 
have knowingly violated a provision of this title on a prior 
occasion, the court shall notify the appropriate State med-
ical licensing authority and shall assess a civil penalty 
against the respondent in an amount not to exceed 
$250,000. 
‘‘(e) PRIVATE
RIGHT
OF
ACTION.—A pregnant 
woman upon whom an abortion has been performed in vio-
lation of this title, or the parent or legal guardian of such 
a woman if she is an unemancipated minor, may com-
mence a civil action against the abortion provider for any 
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knowing or reckless violation of this title for actual and 
punitive damages.’’. 
SEC. 4. 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 establishes, imple-
ments, or continues in effect greater protections for un-
born children from pain than the protections provided 
under this Act and the amendments made by this Act. 
SEC. 5. SEVERABILITY. 
The provisions of this Act shall be severable. If any 
provision of this Act, or any application thereof, is found 
unconstitutional, that finding shall not affect any provi-
sion or application of the Act not so adjudicated. 
Æ 
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