I 117TH CONGRESS 1ST SESSION H. R. 2782 To ensure that women seeking an abortion are notified, before giving informed consent to receive an abortion, of the medical risks associated with the abortion procedure and the major developmental characteristics of the unborn child. IN THE HOUSE OF REPRESENTATIVES APRIL 22, 2021 Mrs. HARTZLER (for herself, Mr. DUNCAN, Mr. GOHMERT, Mrs. MILLER of Illinois, Mrs. HINSON, Mr. SESSIONS, Mr. MOONEY, Mr. STEUBE, Mr. GOSAR, Mr. WEBER of Texas, Mr. MANN, Mr. LAMBORN, Mr. JACKSON, Mr. NORMAN, and Mr. KELLY of Mississippi) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To ensure that women seeking an abortion are notified, before giving informed consent to receive an abortion, of the medical risks associated with the abortion proce- dure and the major developmental characteristics of the unborn child. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Woman’s Right To 4 Know Act’’. 5 VerDate Sep 11 2014 01:23 Jun 08, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2782.IH H2782 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 2782 IH SEC. 2. REQUIREMENT OF INFORMED CONSENT. 1 (a) IN GENERAL.— 2 (1) REQUIREMENT OF COMPLIANCE BY PRO- 3 VIDERS.—Any abortion provider, acting in or affect- 4 ing interstate or foreign commerce, who knowingly 5 performs, or attempts to perform, any abortion shall 6 comply with the requirements of this section. 7 (2) REVIEW OF MEDICAL RISKS AND UNBORN 8 HEALTH STATUS.—An abortion provider who intends 9 to perform, or attempt to perform, an abortion may 10 not perform any part of the abortion procedure with- 11 out first obtaining a signed Informed Consent Au- 12 thorization form in accordance with this subsection. 13 (3) INFORMED CONSENT AUTHORIZATION 14 FORM.— 15 (A) IN GENERAL.—The Informed Consent 16 Authorization form required under this sub- 17 section shall— 18 (i) be presented in person by the abor- 19 tion provider 24 hours prior to performing, 20 or attempting to perform, the abortion to 21 the woman seeking the abortion; and 22 (ii) consist of— 23 (I) a statement by the abortion 24 provider indicating— 25 VerDate Sep 11 2014 01:23 Jun 08, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2782.IH H2782 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 2782 IH (aa) the probable gestational 1 age, in completed days, of the 2 child; 3 (bb) all medical risks associ- 4 ated with the specific abortion 5 procedure; and 6 (cc) the major developmental 7 characteristics of unborn children 8 at such gestational age, including 9 the presence of a heartbeat, the 10 ability to react to painful stimuli, 11 and the development of organs, 12 appendages, and facial features; 13 (II) a statement that the require- 14 ments of this subsection are binding 15 upon the abortion provider and all 16 other medical personnel, that such 17 abortion providers and medical per- 18 sonnel are subject to criminal and 19 civil penalties for violations of these 20 requirements, and that a woman on 21 whom an abortion has been performed 22 may take civil action if these require- 23 ments are not followed; and 24 VerDate Sep 11 2014 01:23 Jun 08, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2782.IH H2782 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 2782 IH (III) an affirmation that each in- 1 dividual signing the Informed Consent 2 Authorization form has filled out the 3 form to the best of his or her knowl- 4 edge and understands the information 5 contained in the form. 6 (B) SIGNATORIES REQUIRED.—The In- 7 formed Consent Authorization form required 8 under this subsection shall be signed in person 9 by the woman seeking the abortion, the abor- 10 tion provider performing or attempting to per- 11 form the abortion, and a witness. 12 (C) RETENTION OF CONSENT FORM.—The 13 abortion provider performing or attempting to 14 perform an abortion shall retain the signed In- 15 formed Consent Authorization form required 16 under this subsection in the patient’s medical 17 file. 18 (D) REQUIREMENT FOR DATA RETEN- 19 TION.—Paragraph (j)(2) of section 164.530 of 20 title 45, Code of Federal Regulations, shall 21 apply to the Informed Consent Authorization 22 form required to be placed in a patient’s med- 23 ical file pursuant to subparagraph (C) in the 24 same manner and to the same extent as such 25 VerDate Sep 11 2014 01:23 Jun 08, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2782.IH H2782 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 2782 IH paragraph applies to documentation required by 1 paragraph (j)(1) of such section. 2 (4) EXCEPTIONS.—The requirements of this 3 subsection shall not apply if, in reasonable medical 4 judgment, compliance with paragraph (2) would pose 5 a greater risk of— 6 (A) the death of the pregnant woman; or 7 (B) the substantial and irreversible phys- 8 ical impairment of a major bodily function, not 9 including psychological or emotional conditions, 10 of the pregnant woman. 11 (b) PENALTY FOR FAILURE TO COMPLY.— 12 (1) CIVIL PENALTY.— 13 (A) ENFORCEMENT BY ATTORNEY GEN- 14 ERAL.—The Attorney General shall commence 15 a civil action in an appropriate district court of 16 the United States under this subsection against 17 any abortion provider who knowingly commits a 18 violation of subsection (a). 19 (B) PENALTY.—In a civil action under 20 subparagraph (A), the court may, to vindicate 21 the public interest, assess a civil penalty against 22 the abortion provider in an amount— 23 (i) not less than $100,000 and not 24 more than $150,000, for each such viola- 25 VerDate Sep 11 2014 01:23 Jun 08, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2782.IH H2782 kjohnson on DSK79L0C42PROD with BILLS 6 •HR 2782 IH tion that is adjudicated in the first pro- 1 ceeding against such abortion provider 2 under this subsection; or 3 (ii) not less than $150,001 and not 4 more than $250,000, for each such viola- 5 tion that is adjudicated in a subsequent 6 proceeding against such abortion provider 7 under this subsection. 8 (C) NOTIFICATION.—Upon the assessment 9 of a civil penalty under subparagraph (B), the 10 Attorney General shall notify the appropriate 11 State medical licensing authority. 12 (D) NO PENALTIES FOR PREGNANT 13 WOMEN.—A pregnant woman shall not be sub- 14 ject to any penalty under this section. 15 (2) PRIVATE RIGHT OF ACTION.— 16 (A) IN GENERAL.—A woman or a parent 17 of a minor upon whom an abortion has been 18 performed in violation of subsection (a) may 19 commence a civil action against the abortion 20 provider for appropriate relief. 21 (B) APPROPRIATE RELIEF.—Appropriate 22 relief in a civil action under this paragraph in- 23 cludes— 24 VerDate Sep 11 2014 01:23 Jun 08, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H2782.IH H2782 kjohnson on DSK79L0C42PROD with BILLS 7 •HR 2782 IH (i) objectively verifiable money dam- 1 ages for all injuries, psychological and 2 physical, occasioned by the violation; 3 (ii) statutory damages equal to 3 4 times the cost of the abortion; and 5 (iii) punitive damages. 6 (C) ATTORNEY’S FEES FOR PLAINTIFF.— 7 The court shall award a reasonable attorney’s 8 fee as part of the costs to a prevailing plaintiff 9 in a civil action under this paragraph. 10 (D) ATTORNEY’S FEES FOR DEFEND- 11 ANT.—If a defendant in a civil action under 12 this paragraph prevails and the court finds that 13 the plaintiff’s suit was frivolous, the court shall 14 award a reasonable attorney’s fee in favor of 15 the defendant against the plaintiff. 16 (E) AWARDS AGAINST WOMAN.—In any 17 civil action under this paragraph, no damages 18 or other monetary relief, and no attorney’s fees 19 except as provided under subparagraph (D), 20 may be assessed against the woman upon whom 21 the abortion was performed or attempted. 22 (c) PREEMPTION.—Nothing in this Act or the amend- 23 ments made by this Act shall be construed to preempt any 24 provision of State law to the extent that such State law 25 VerDate Sep 11 2014 01:23 Jun 08, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H2782.IH H2782 kjohnson on DSK79L0C42PROD with BILLS 8 •HR 2782 IH establishes, implements, or continues in effect disclosure 1 requirements regarding abortion or penalties for failure to 2 comply with such requirements that are more extensive 3 than those provided under the amendment made by this 4 Act. 5 (d) RULE OF CONSTRUCTION.—Nothing in this Act 6 shall be construed to prohibit an abortion provider from 7 presenting the information required under subsection (a) 8 to a pregnant woman at the same time as acquiring in- 9 formed consent for an abortion from such woman in ac- 10 cordance with State law, provided that the presentation 11 of such information occurs at least 24 hours before the 12 abortion. 13 (e) DEFINITIONS.—In this section: 14 (1) ABORTION.—The term ‘‘abortion’’ means 15 the use or prescription of any instrument, medicine, 16 drug, or any other substance or device— 17 (A) to intentionally kill the unborn child of 18 a woman known to be pregnant; or 19 (B) to intentionally terminate the preg- 20 nancy of a woman known to be pregnant, with 21 an intention other than— 22 (i) after viability to produce a live 23 birth and preserve the life and health of 24 the child born alive; or 25 VerDate Sep 11 2014 01:23 Jun 08, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H2782.IH H2782 kjohnson on DSK79L0C42PROD with BILLS 9 •HR 2782 IH (ii) to remove a dead unborn child. 1 (2) ABORTION PROVIDER.—The term ‘‘abortion 2 provider’’ means a person— 3 (A) licensed to practice medicine and sur- 4 gery or osteopathic medicine and surgery; or 5 (B) otherwise legally authorized to perform 6 an abortion. 7 (3) ATTEMPT.—The term ‘‘attempt’’, with re- 8 spect to an abortion, means conduct that, under the 9 circumstances as the actor believes them to be, con- 10 stitutes a substantial step in a course of conduct 11 planned to culminate in performing an abortion. 12 (4) MINOR.—The term ‘‘minor’’ means an indi- 13 vidual who has not attained the age of 18 years. 14 (5) PERFORM.—The term ‘‘perform’’, with re- 15 spect to an abortion, includes inducing an abortion 16 through a medical or chemical intervention including 17 writing a prescription for a drug or device intended 18 to result in an abortion. 19 (6) REASONABLE MEDICAL JUDGMENT.—The 20 term ‘‘reasonable medical judgment’’ means a med- 21 ical judgment that would be made by a reasonably 22 prudent abortion provider, knowledgeable about the 23 case and the treatment possibilities with respect to 24 the medical conditions involved. 25 VerDate Sep 11 2014 01:23 Jun 08, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H2782.IH H2782 kjohnson on DSK79L0C42PROD with BILLS 10 •HR 2782 IH (7) UNBORN CHILD.—The term ‘‘unborn child’’ 1 means an individual organism of the species homo 2 sapiens, beginning at fertilization, until the point of 3 being born alive as defined in section 8(b) of title 1, 4 United States Code. 5 (8) WOMAN.—The term ‘‘woman’’ means a fe- 6 male human being whether or not she has reached 7 the age of majority. 8 Æ VerDate Sep 11 2014 01:23 Jun 08, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6301 E:\BILLS\H2782.IH H2782 kjohnson on DSK79L0C42PROD with BILLS