‘‘(ii) pursuant to court order in an ac-
tion under subsection (e). 
‘‘(4) PUBLIC REPORT.—Not later than June 30 
of each year beginning after the date of enactment 
of this paragraph, the health agency shall issue a 
public report providing statistics for the previous 
calendar year compiled from all of the reports made 
to the health agency under this subsection for that 
year for each of the items listed in paragraph (2). 
The report shall also provide the statistics for all 
previous calendar years during which this section 
was in effect, adjusted to reflect any additional in-
formation from late or corrected reports. The health 
agency shall take care to ensure that none of the in-
formation included in the public reports could rea-
sonably lead to the identification of any pregnant 
woman upon whom an abortion was performed or at-
tempted. 
‘‘(5) FAILURE TO SUBMIT REPORT.— 
‘‘(A) LATE FEE.—Any physician who fails 
to submit a report not later than 30 days after 
the date that report is due shall be subject to 
a late fee of $1,000 for each additional 30-day 
period or portion of a 30-day period the report 
is overdue. 
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‘‘(B) COURT ORDER TO COMPLY.—A court 
of competent jurisdiction may, in a civil action 
commenced by the health agency, direct any 
physician whose report under this subsection is 
still not filed as required, or is incomplete, more 
than 180 days after the date the report was 
due, to comply with the requirements of this 
section under penalty of civil contempt. 
‘‘(C) DISCIPLINARY
ACTION.—Intentional 
or reckless failure by any physician to comply 
with any requirement of this subsection, other 
than late filing of a report, constitutes suffi-
cient cause for any disciplinary sanction which 
the Health Professional Licensing Administra-
tion of the District of Columbia determines is 
appropriate, including suspension or revocation 
of any license granted by the Administration. 
‘‘(6) FORMS
AND
REGULATIONS.—Not later 
than 90 days after the date of the enactment of this 
section, the health agency shall prescribe forms and 
regulations to assist in compliance with this sub-
section. 
‘‘(7) EFFECTIVE
DATE
OF
REQUIREMENT.— 
Paragraph (1) of this subsection takes effect with 
respect to all abortions performed on and after the 
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first day of the first calendar month beginning after 
the effective date of such forms and regulations. 
‘‘(h) DEFINITIONS.—In this section the following 
definitions 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 otherwise intentionally terminate 
the pregnancy of a woman known to be preg-
nant 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 unborn child who died as the re-
sult of natural causes in utero, accidental trau-
ma, or a criminal assault on the pregnant 
woman or her unborn child, and which causes 
the premature termination of the pregnancy. 
‘‘(2) ATTEMPT AN ABORTION.—The term ‘at-
tempt’, with respect to an abortion, means conduct 
that, under the circumstances as the actor believes 
them to be, constitutes a substantial step in a course 
of conduct planned to culminate in performing an 
abortion in the District of Columbia. 
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‘‘(3) FERTILIZATION.—The term ‘fertilization’ 
means the fusion of human spermatozoon with a 
human ovum. 
‘‘(4) HEALTH
AGENCY.—The term ‘health 
agency’ means the Department of Health of the Dis-
trict of Columbia or any successor agency respon-
sible for the regulation of medical practice. 
‘‘(5) PERFORM.—The term ‘perform’, with re-
spect to an abortion, includes induce an abortion 
through a medical or chemical intervention including 
writing a prescription for a drug or device intended 
to result in an abortion. 
‘‘(6) PHYSICIAN.—The term ‘physician’ means 
a person licensed to practice medicine and surgery 
or osteopathic medicine and surgery, or otherwise li-
censed to legally perform an abortion. 
‘‘(7) 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. 
‘‘(8) 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 postfertilization age of the unborn 
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child at the time the abortion is planned to be per-
formed or induced. 
‘‘(9) REASONABLE MEDICAL JUDGMENT.—The 
term ‘reasonable medical judgment’ means a medical 
judgment that would be made by a reasonably pru-
dent physician, knowledgeable about the case and 
the treatment possibilities with respect to the med-
ical conditions involved. 
‘‘(10) UNBORN
CHILD.—The term ‘unborn 
child’ means an individual organism of the species 
homo sapiens, beginning at fertilization, until the 
point of being born alive as defined in section 8(b) 
of title 1. 
‘‘(11) UNEMANCIPATED
MINOR.—The term 
‘unemancipated minor’ means a minor who is sub-
ject to the control, authority, and supervision of a 
parent or guardian, as determined under the law of 
the State in which the minor resides. 
‘‘(12) WOMAN.—The term ‘woman’ means a fe-
male human being whether or not she has reached 
the age of majority.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of chapter 74 of title 18, United States 
Code, is amended by adding at the end the following new 
item: 
‘‘1532. District of Columbia pain-capable unborn child protection.’’. 
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