governmental interest in protecting the lives of un-
born children from the stage of viability, and neither 
governmental interest is intended to replace the 
other. 
(14) The District Council of the District of Co-
lumbia, operating under authority delegated by Con-
gress, repealed all limitations on abortion at any 
stage of pregnancy, effective April 29, 2004. 
(15) Article I, section 8 of the Constitution of 
the United States of America provides that the Con-
gress shall ‘‘exercise exclusive Legislation in all 
Cases whatsoever’’ over the District established as 
the seat of government of the United States, now 
known as the District of Columbia. The constitu-
tional responsibility for the protection of pain-capa-
ble unborn children within the Federal District re-
sides with the Congress. 
SEC. 3. DISTRICT OF COLUMBIA PAIN-CAPABLE UNBORN 
CHILD PROTECTION. 
(a) IN GENERAL.—Chapter 74 of title 18, United 
States Code, is amended by inserting after section 1531 
the following: 
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‘‘§ 1532. District of Columbia pain-capable unborn 
child protection 
‘‘(a) UNLAWFUL CONDUCT.—Notwithstanding any 
other provision of law, including any legislation of the Dis-
trict of Columbia under authority delegated by Congress, 
it shall be unlawful for any person to perform an abortion 
within the District of Columbia, or attempt to do so, un-
less in conformity with the requirements set forth in sub-
section (b). 
‘‘(b) REQUIREMENTS FOR ABORTIONS.— 
‘‘(1) The physician performing or attempting 
the abortion shall first make a determination of the 
probable post-fertilization age of the unborn child or 
reasonably rely upon such a determination made by 
another physician. In making such a determination, 
the physician shall make such inquiries of the preg-
nant woman and perform or cause to be performed 
such medical examinations and tests as a reasonably 
prudent physician, knowledgeable about the case and 
the medical conditions involved, would consider nec-
essary to make an accurate determination of post- 
fertilization age. 
‘‘(2)(A) Except as provided in subparagraph 
(B), the abortion shall not be performed or at-
tempted, if the probable post-fertilization age, as de-
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termined under paragraph (1), of the unborn child 
is 20 weeks or greater. 
‘‘(B) Subject to subparagraph (C), subpara-
graph (A) does not apply if, in reasonable medical 
judgment, the abortion is necessary to save the life 
of a pregnant woman 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, but 
not including psychological or emotional conditions 
or any claim or diagnosis that the woman will en-
gage in conduct which she intends to result in her 
death. 
‘‘(C) A physician terminating or attempting to 
terminate a pregnancy under the 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, un-
less, in reasonable medical judgment, termination of 
the pregnancy in that manner would pose a greater 
risk of— 
‘‘(i) the death of the pregnant woman; or 
‘‘(ii) the substantial and irreversible phys-
ical impairment of a major bodily function, not 
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including psychological or emotional conditions, 
of the pregnant woman; 
than would other available methods. 
‘‘(c) CRIMINAL PENALTY.—Whoever violates sub-
section (a) shall be fined under this title or imprisoned 
for not more than 2 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 based on such a violation. 
‘‘(e) CIVIL REMEDIES.— 
‘‘(1) CIVIL ACTION BY WOMAN ON WHOM THE 
ABORTION IS PERFORMED.—A woman upon whom 
an abortion has been performed or attempted in vio-
lation of subsection (a), may in a civil action against 
any person who engaged in the violation obtain ap-
propriate relief. 
‘‘(2) CIVIL ACTION BY RELATIVES.—The father 
of an unborn child who is the subject of an abortion 
performed or attempted in violation of subsection 
(a), or a maternal grandparent of the unborn child 
if the pregnant woman is an unemancipated minor, 
may in a civil action against any person who en-
gaged in the violation, obtain appropriate relief, un-
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less the pregnancy resulted from the plaintiff’s 
criminal conduct or the plaintiff consented to the 
abortion. 
‘‘(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 of this section; 
‘‘(B) statutory damages equal to three 
times the cost of the abortion; and 
‘‘(C) punitive damages. 
‘‘(4) INJUNCTIVE RELIEF.— 
‘‘(A) IN
GENERAL.—A qualified plaintiff 
may in a civil action obtain injunctive relief to 
prevent an abortion provider from performing 
or attempting further abortions in violation of 
this section. 
‘‘(B) DEFINITION.—In this paragraph the 
term ‘qualified plaintiff’ means— 
‘‘(i) a woman upon whom an abortion 
is performed or attempted in violation of 
this section; 
‘‘(ii) any person who is the spouse, 
parent, sibling or guardian of, or a current 
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