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 
‘‘(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. 
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‘‘(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. 
‘‘(2) CONTENTS OF SUMMARY.—The summary 
shall include the number of abortions performed or 
attempted on an unborn child who had a post-fer-
tilization age of 20 weeks or more and specify the 
following 
for 
each 
abortion 
under 
subsection 
(b)(2)(B)— 
‘‘(A) the probable post-fertilization 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 
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‘‘(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 
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) 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) 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. 
‘‘(7) MINOR.—The term ‘minor’ means an indi-
vidual who has not attained the age of 18 years. 
‘‘(8) 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. 
‘‘(9) PHYSICIAN.—The term ‘physician’ means 
a person licensed to practice medicine and surgery 
or osteopathic medicine and surgery, or otherwise le-
gally authorized to perform an abortion. 
‘‘(10) POST-FERTILIZATION
AGE.—The term 
‘post-fertilization age’ means the age of the unborn 
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child as calculated from the fusion of a human 
spermatozoon with a human ovum. 
‘‘(11) 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 post-fertilization age of the un-
born child at the time the abortion is planned to be 
performed 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, knowledgeable about the case and 
the treatment possibilities with respect to the med-
ical conditions involved. 
‘‘(13) 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. 
‘‘(14) 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 
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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 ‘‘Abortions’’. 
(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 ‘‘Abortions’’. 
Æ 
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