which the minor resides of the known or suspected 
abuse or neglect; 
(4) the abortion is necessary to save the life of 
the minor because her life was endangered by a 
physical disorder, physical injury, or physical illness, 
including a life endangering physical condition 
caused by or arising from the pregnancy itself, but 
an exception under this paragraph does not apply 
unless the attending physician or an agent of such 
physician, within 24 hours after completion of the 
abortion, notifies a parent in writing that an abor-
tion was performed on the minor and of the cir-
cumstances that warranted invocation of this para-
graph; or 
(5) the minor is physically accompanied by a 
person who presents the physician or his agent with 
documentation showing with a reasonable degree of 
certainty that he or she is in fact the parent of that 
minor. 
(c) PENALTY FOR FAILURE TO COMPLY.— 
(1) CIVIL PENALTY.— 
(A) ENFORCEMENT
BY
ATTORNEY
GEN-
ERAL.—The Attorney General shall commence 
a civil action in an appropriate district court of 
the United States under this subsection against 
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any physician who commits a violation of sub-
section (a). 
(B) PENALTY.—In a civil action under 
subparagraph (A), the court may, to vindicate 
the public interest, assess a civil penalty against 
the physician in an amount— 
(i) not less than $100,000 and not 
more than $150,000, for each such viola-
tion that is adjudicated in the first pro-
ceeding against such physician under this 
subsection; or 
(ii) not less than $150,001 and not 
more than $250,000, for each such viola-
tion that is adjudicated in a subsequent 
proceeding against such physician under 
this subsection. 
(C) NOTIFICATION.—Upon the assessment 
of a civil penalty under subparagraph (B), the 
Attorney General shall notify the appropriate 
State medical licensing authority. 
(D) 
NO
PENALTIES
FOR
PREGNANT 
WOMEN.—A pregnant woman shall not be sub-
ject to any penalty under this section. 
(2) PRIVATE RIGHT OF ACTION.— 
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(A) IN GENERAL.—A parent of a minor 
upon whom an abortion has been performed or 
induced in violation of subsection (a) (other 
than a parent described in subsection (b)(3)) 
may commence a civil action against the physi-
cian for appropriate relief. 
(B) APPROPRIATE
RELIEF.—Appropriate 
relief in a civil action under this paragraph in-
cludes— 
(i) objectively verifiable money dam-
ages for all injuries, psychological and 
physical, occasioned by the violation; 
(ii) statutory damages equal to 3 
times the cost of the abortion; and 
(iii) punitive damages. 
(C) ATTORNEY’S FEES FOR PLAINTIFF.— 
The court shall award a reasonable attorney’s 
fee as part of the costs to a prevailing party in 
a civil action under this paragraph. 
(d) DEFINITIONS.—For the purposes of this sec-
tion— 
(1) the term ‘‘abortion’’ means the use or pre-
scription of any instrument, medicine, drug, or any 
other substance or device to intentionally— 
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(A) kill the unborn child of a woman 
known to be pregnant; or 
(B) terminate the pregnancy of a woman 
known to be pregnant, with an intention other 
than— 
(i) after viability, to produce a live 
birth and preserve the life and health of 
the child born alive; 
(ii) to remove a dead unborn child; or 
(iii) to treat an ectopic pregnancy; 
(2) the term ‘‘actual notice’’ means the giving 
of written notice directly, in person, by the physician 
or any agent of the physician; 
(3) the term ‘‘constructive notice’’ means notice 
that is given by certified mail, return receipt re-
quested, restricted delivery to the last known ad-
dress of the person being notified, with delivery 
deemed to have occurred 48 hours following noon on 
the next day subsequent to mailing on which regular 
mail delivery takes place, days on which mail is not 
delivered excluded; 
(4) the term ‘‘law requiring parental involve-
ment in a minor’s abortion decision’’ means a law— 
(A) requiring, before an abortion is per-
formed on a minor, either— 
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(i) the notification to a parent of that 
minor; or 
(ii) proceedings in a State court; and 
(B) that does not provide as an alternative 
to the requirements described in subparagraph 
(A) notification to any person or entity who is 
not described in that subparagraph; 
(5) the term ‘‘minor’’ means an individual who 
has not attained the age of 18 years and who is not 
emancipated under the law of the State in which the 
minor resides; 
(6) the term ‘‘parent’’ means— 
(A) a parent or guardian; 
(B) a legal custodian; or 
(C) a person standing in loco parentis who 
has care and control of the minor, and with 
whom the minor regularly resides, as deter-
mined by State law; 
(7) the term ‘‘physician’’ means a doctor of 
medicine legally authorized to practice medicine by 
the State in which such doctor practices medicine, or 
any other person legally empowered under State law 
to perform an abortion; and 
(8) the term ‘‘State’’ includes the District of 
Columbia and any commonwealth, possession, or 
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