‘‘(I) a government agency legally 
authorized to act on reports of child 
abuse; or 
‘‘(II) a law enforcement agency. 
‘‘(C) REQUIREMENT
AS
TO
MANNER
OF 
PROCEDURE
PERFORMED.—Notwithstanding 
the definitions of ‘abortion’ and ‘attempt’ in 
this section, a physician terminating or at-
tempting to terminate a pregnancy under an ex-
ception 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 pain-capable unborn child has the potential 
to survive outside the womb, the physician who 
performs or attempts an abortion under an ex-
ception provided by subparagraph (B) shall en-
sure a second physician trained in neonatal re-
suscitation is present and prepared to provide 
care to the child consistent with the require-
ments of subparagraph (E). 
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‘‘(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, as 
defined in section 8 of title 1 (commonly known 
as the Born-Alive Infants Protection Act of 
2002), 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) IMMEDIATE
ADMISSION
TO
A 
HOSPITAL.—Following the care required to 
be rendered under clause (i), the child born 
alive shall be immediately transported and 
admitted to a hospital. 
‘‘(iii) MANDATORY
REPORTING
OF 
VIOLATIONS.—A health care practitioner or 
any employee of a hospital, a physician’s 
office, or an abortion clinic who has knowl-
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edge of a failure to comply with the re-
quirements of this subparagraph must im-
mediately report the failure to an appro-
priate State or Federal law enforcement 
agency or both. 
‘‘(F) DOCUMENTATION REQUIREMENTS.— 
‘‘(i) DOCUMENTATION PERTAINING TO 
ADULTS.—A physician who performs or at-
tempts to perform an abortion under an 
exception provided by subparagraph (B)(ii) 
shall, prior to the abortion, place in the pa-
tient medical file documentation from a 
hospital licensed by the State or operated 
under authority of a Federal agency, a 
medical clinic licensed by the State or op-
erated under authority of a Federal agen-
cy, from a personal physician licensed by 
the State, a counselor licensed by the 
State, or a victim’s rights advocate pro-
vided by a law enforcement agency that the 
adult woman seeking the abortion obtained 
medical treatment or counseling for the 
rape or an injury related to the rape. 
‘‘(ii) DOCUMENTATION
PERTAINING 
TO MINORS.—A physician who performs or 
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attempts to perform an abortion under an 
exception 
provided 
by 
subparagraph 
(B)(iii) shall, prior to the abortion, place in 
the patient medical file documentation 
from a government agency legally author-
ized to act on reports of child abuse that 
the rape or incest was reported prior to the 
abortion; or, as an alternative, documenta-
tion from a law enforcement agency that 
the rape or incest was reported prior to the 
abortion. 
‘‘(G) 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— 
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‘‘(I) a statement by the physician 
indicating the probable gestational age 
of the pain-capable unborn child; 
‘‘(II) a statement that Federal 
law allows abortion after 15 weeks 
probable gestational age only if the 
mother’s life is endangered by a phys-
ical disorder, physical illness, or phys-
ical injury, when the pregnancy was 
the result of rape, or an act of incest 
against a minor; 
‘‘(III) a statement that the preg-
nancy must be terminated by the 
method most likely to allow the child 
to be born alive unless this would 
cause significant 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; 
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‘‘(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 
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. 
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‘‘(H) 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-
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. 
‘‘(I) ADDITIONAL
EXCEPTIONS
AND
RE-
QUIREMENTS.— 
‘‘(i) IN CASES OF RISK OF DEATH OR 
MAJOR
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 
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psychological or emotional conditions, 
of the pregnant woman. 
‘‘(ii) EXCLUSION OF CERTAIN FACILI-
TIES.—Notwithstanding the definitions of 
the terms ‘medical treatment’ and ‘coun-
seling’ in subsection (g), the counseling or 
medical treatment described in subpara-
graph (B)(ii) may not be provided by a fa-
cility that performs abortions (unless that 
facility is a hospital). 
‘‘(iii) RULE
OF
CONSTRUCTION
IN 
CASES
OF
REPORTS
TO
LAW
ENFORCE-
MENT.—The requirements of subparagraph 
(B)(ii) do not apply if the rape has been 
reported at any time prior to the abortion 
to a law enforcement agency or Depart-
ment of Defense victim assistance per-
sonnel. 
‘‘(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-
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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.— 
‘‘(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 
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‘‘(C) punitive damages. 
‘‘(4) ATTORNEYS FEES FOR PLAINTIFF.—The 
court shall award a reasonable attorney’s fee as part 
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) DATA COLLECTION.— 
‘‘(1) DATA SUBMISSIONS.—Any physician who 
performs or attempts an abortion described in sub-
section (b)(2)(B) shall annually submit a summary 
of all such abortions to the National Center for 
Health Statistics (hereinafter referred to as the 
‘Center’) not later than 60 days after the end of the 
calendar year in which the abortion was performed 
or attempted. 
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‘‘(2) CONTENTS OF SUMMARY.—The summary 
shall include the number of abortions performed or 
attempted on an unborn child who had a gestational 
age of 15 weeks or more and specify the following 
for each abortion under subsection (b)(2)(B)— 
‘‘(A) the probable gestational age of the 
unborn child; 
‘‘(B) the method used to carry out the 
abortion; 
‘‘(C) the location where the abortion was 
conducted; 
‘‘(D) 
the 
exception 
under 
subsection 
(b)(2)(B) under which the abortion was con-
ducted; and 
‘‘(E) any incident of live birth resulting 
from the abortion. 
‘‘(3) EXCLUSIONS FROM DATA SUBMISSIONS.— 
A summary required under this subsection shall not 
contain any information identifying the woman 
whose pregnancy was terminated and shall be sub-
mitted consistent with the Health Insurance Port-
ability and Accountability Act of 1996 (42 U.S.C. 
1320d–2 note). 
‘‘(4) PUBLIC REPORT.—The Center shall annu-
ally issue a public report providing statistics by 
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State for the previous year compiled from all of the 
summaries made to the Center under this sub-
section. The Center shall take care to ensure that 
none of the information included in the public re-
ports could reasonably lead to the identification of 
any pregnant woman upon whom an abortion was 
performed or attempted. The annual report shall be 
issued by July 1 of the calendar year following the 
year in which the abortions were performed or at-
tempted. 
‘‘(g) RULE OF CONSTRUCTION.— 
‘‘(1) GREATER PROTECTION.—Nothing in this 
section may be construed to pre-empt or limit any 
Federal, State, or local law that provides greater 
protections for an unborn child than those provided 
in this section. 
‘‘(2) CREATING
OR
RECOGNIZING
RIGHT.— 
Nothing in this section shall be construed as cre-
ating or recognizing a right to abortion nor shall it 
make lawful an abortion that is unlawful on the date 
of the enactment of such Act. 
‘‘(h) DEFINITIONS.—In this section the following 
definitions apply: 
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‘‘(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— 
‘‘(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 
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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) GESTATIONAL
AGE.—The term ‘gesta-
tional age’ means the age of an unborn child as cal-
culated from the first day of the pregnant woman’s 
last menstrual period. 
‘‘(7) 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 
by the State or operated under authority of a Fed-
eral agency, or from a personal physician licensed by 
the State. 
‘‘(8) MINOR.—The term ‘minor’ means an indi-
vidual who has not attained the age of 18 years. 
‘‘(9) 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. 
‘‘(10) PHYSICIAN.—The term ‘physician’ means 
a person licensed to practice medicine and surgery 
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or osteopathic medicine and surgery, or otherwise le-
gally authorized to perform an abortion. 
‘‘(11) PROBABLE
GESTATIONAL
AGE
OF
THE 
UNBORN
CHILD.—The term ‘probable gestational 
age of the unborn child’ means what, in reasonable 
medical judgment, will with reasonable probability be 
the gestational age at the time the abortion is per-
formed or induced. 
‘‘(12) REASONABLE MEDICAL JUDGMENT.—The 
term ‘reasonable medical judgment’ means a medical 
judgment that would be made by a reasonably pru-
dent physician in the field of obstetrics, maternal 
fetal medicine or neonatology who is knowledgeable 
about the case and the treatment possibilities with 
respect to the medical conditions involved. 
‘‘(13) STATE.—The term ‘State’ means any of 
the several States, the District of Columbia, or any 
territory or possession of the United States. 
‘‘(14) 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. 
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‘‘(15) 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. Pain-capable unborn child protection.’’. 
(c) CHAPTER HEADING AMENDMENTS.— 
(1) CHAPTER
HEADING
IN
CHAPTER.—The 
chapter heading for chapter 74 of title 18, United 
States Code, is amended by striking ‘‘Partial- 
Birth Abortions’’ and inserting ‘‘Unborn 
Children’’. 
(2) TABLE OF CHAPTERS FOR PART I.—The 
item relating to chapter 74 in the table of chapters 
at the beginning of part I of title 18, United States 
Code, is amended by striking ‘‘Partial-Birth Abor-
tions’’ and inserting ‘‘Unborn Children’’. 
Æ 
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