[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1382 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 1382
To amend title 18, United States Code, to criminalize any abortion or
sterilization procedure performed without the informed consent of the
person on whom such procedure is performed, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 25, 2021
Mr. Smith of New Jersey (for himself, Mrs. Walorski, Mr. Harris, Mr.
Murphy of North Carolina, Ms. Herrera Beutler, Mrs. Fischbach, Mrs.
Hinson, Mr. Aderholt, Mr. Allen, Mr. Babin, Mr. Baird, Mr. Banks, Mrs.
Boebert, Ms. Mace, Mr. Budd, Mr. Fallon, Mr. Feenstra, Mr. Fortenberry,
Mr. Grothman, Mr. Johnson of South Dakota, Mr. Johnson of Louisiana,
Mr. Keller, Mr. Kelly of Mississippi, Mr. Latta, Mr. Mooney, Mr. Moore
of Alabama, Mr. Norman, Mr. Rose, Mr. Steube, Mr. Timmons, Mr. Weber of
Texas, and Mr. Williams of Texas) introduced the following bill; which
was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend title 18, United States Code, to criminalize any abortion or
sterilization procedure performed without the informed consent of the
person on whom such procedure is performed, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Informed Consent Act''.
SEC. 2. ABORTION AND STERILIZATION.
(a) In General.--Chapter 7 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 120. Abortion and sterilization without informed consent
``(a) Offense.--Whoever, under the circumstances described in
subsection (b), knowingly performs an abortion or a sterilization
procedure on a person without the informed consent of such person shall
be fined under this title, imprisoned not more than 10 years, or both.
``(b) Circumstances Described.--For purposes of subsection (a), the
circumstances described in this subsection are that--
``(1) the defendant is an officer, employee, or contractor
of the Federal Government;
``(2) the defendant is a recipient of Federal funds from
the Secretary of Health and Human Services or a program
administered by the Secretary of Health and Human Services; or
``(3) the conduct described in subsection (a) occurred in
or affected interstate commerce.
``(c) Exceptions.--
``(1) In general.--Subsection (a) does not apply--
``(A) in the case that a woman suffers from a
physical disorder, physical injury, or physical illness
that would, as certified by a physician, place the
woman in danger of death unless an abortion is
performed, including a life-endangering physical
condition caused by or arising from the pregnancy
itself and not including psychological or emotional
conditions; or
``(B) if, in reasonable medical judgement, a
sterilization procedure is necessary to--
``(i) save the life of an individual 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 reproductive organs of the
individual and not including psychological or
emotional conditions; or
``(ii) to prevent serious risk of
substantial and irreversible impairment of a
major bodily function created by a delay.
``(2) Withholding of consent.--Paragraph (1) shall not
apply if the individual on whom an abortion or sterilization
procedure is performed has explicitly refused to consent to the
abortion or sterilization procedure.
``(d) Conduct of Individuals With Knowledge of Violations.--
Whoever, being an officer, employee, or contractor of the Federal
Government or an employee or contractor of a recipient of Federal funds
from the Secretary of Health and Human Services or a program
administered by the Secretary of Health and Human Services, has
knowledge of a failure to comply with subsection (a) and does not, as
soon as possible, make known the same to a Federal or State law
enforcement agency, shall be fined under this title or imprisoned not
more than three years, or both.
``(e) Definitions.--
``(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 pregnancy 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) Reasonable medical judgment.--The term `reasonable
medical judgment' means a medical judgment that would be made
by a reasonably prudent physician, knowledgeable about the case
and the treatment possibilities with respect to the medical
conditions involved.
``(3) Sterilization procedure.--The term `sterilization
procedure' means any medical procedure, treatment, or operation
for the purpose of rendering an individual permanently
incapable of reproducing.''.
(b) Clerical Amendment.--The table of sections for chapter 7 of
title 18, United States Code, is amended by adding at the end the
following:
``120. Abortion and sterilization without informed consent.''.
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