[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7237 Introduced in House (IH)]
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119th CONGRESS
2d Session
H. R. 7237
To amend the Public Health Service Act to ensure that a woman seeking a
chemical abortion is made aware of the risks involved, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 23, 2026
Mr. Stutzman (for himself and Mrs. Harshbarger) introduced the
following bill; which was referred to the Committee on Energy and
Commerce
_______________________________________________________________________
A BILL
To amend the Public Health Service Act to ensure that a woman seeking a
chemical abortion is made aware of the risks involved, 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 ``Chemical Abortion Risk Awareness
Act''.
SEC. 2. CHEMICAL ABORTION RISK AWARENESS.
The Public Health Service Act (42 U.S.C. 201 et seq.) is amended by
adding at the end the following:
``TITLE XXXIV--CHEMICAL ABORTION RISK AWARENESS
``SEC. 3401. DEFINITIONS.
``In this title:
``(1) Chemical abortion.--The term `chemical abortion'--
``(A) means the use or prescription of an abortion-
inducing drug dispensed with the intent to cause the
death of the unborn child; and
``(B) does not include--
``(i) separation of the mother and her
embryo or fetus to prevent the mother's death
or immediate irreversible bodily harm if such
death or harm cannot be mitigated in any other
way;
``(ii) treatment of ectopic or molar
pregnancy; and
``(iii) treatment of miscarriage.
``(2) Chemical abortion provider.--The term `chemical
abortion provider' means any person licensed to perform a
chemical abortion under applicable Federal and State laws.
``(3) Unborn child.--The term `unborn child' means a member
of the species Homo sapiens, at any stage of development prior
to birth.
``(4) Woman.--The term `woman' means a human being with XX
chromosomes.
``SEC. 3402. CHEMICAL ABORTION RISK AWARENESS.
``(a) Requirement of Compliance by Providers.--Effective 30 days
after the date of enactment of this title, any chemical abortion
provider receiving Federal funds, or working in, for, or on behalf of a
medical practice or company that receives Federal funds, who knowingly
performs or induces, or attempts to perform or induce, any chemical
abortion, shall comply with the requirements of this title.
``(b) Informed Consent.--A chemical abortion shall not knowingly be
performed or induced, or be attempted to be performed or induced, by a
chemical abortion provider referred to in subsection (a) unless the
chemical abortion provider, not later than 24 hours before the chemical
abortion--
``(1) provides to the woman, in both electronic and paper
form, a full Food and Drug Administration-approved product
label for each abortion-inducing drug to be used, with the
`Warnings and Precautions' and `Adverse Reactions' sections of
the label (or such other similar sections) highlighted;
``(2) reads to the woman the full text of such highlighted
sections; and
``(3) receives confirmation from the woman in writing that
the requirements described in paragraphs (1) and (2) have been
fulfilled.
``(c) Implementation Plan.--Not later than 30 days after the date
of enactment of this title, a chemical abortion provider referred to in
subsection (a) (or the entity that such provider works in, for, or on
behalf of) shall submit to the Secretary a plan for implementing the
requirements of this title applicable to such provider.
``SEC. 3403. WITHHOLDING OF FEDERAL FUNDING.
``Notwithstanding any other law, in the case that a chemical
abortion provider is not in compliance with the requirements of this
title, the Secretary may withhold the Federal funding of the chemical
abortion provider, the entity at which the chemical abortion provider
is employed or on behalf of which the chemical abortion provider
performs or induces chemical abortions, or both.
``SEC. 3404. PRIVATE RIGHT OF ACTION.
``(a) In General.--A woman or a parent of a woman upon whom an
abortion has been performed or induced, or attempted to be performed or
induced, by a chemical abortion provider in violation of this title may
commence a civil action against the chemical abortion provider for
appropriate relief.
``(b) Appropriate Relief.--Appropriate relief in a civil action
under this section includes--
``(1) objectively verifiable money damages for all
injuries, psychological and physical, occasioned by the
violation;
``(2) statutory damages equal to 3 times the cost of the
abortion; and
``(3) punitive damages.
``(c) Attorney's 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 section.
``(d) Attorney's Fees for Defendant.--If a defendant in a civil
action under this section prevails, and the court finds that the
plaintiff's suit was frivolous, the court shall award a reasonable
attorney's fee in favor of the defendant against the plaintiff.
``(e) Awards Against Woman.--In any civil action under this
section, no damages or other monetary relief, and no attorney's fees
except as provided in subsection (d), may be assessed against the woman
upon whom the abortion was performed or induced or attempted to be
performed or induced.''.
SEC. 3. PREEMPTION.
Nothing in this Act or the amendment made by this Act shall be
construed to preempt any provision of State law to the extent that such
State law establishes, implements, or continues in effect disclosure
requirements regarding abortion or penalties for failure to comply with
such requirements that are more extensive than those provided under the
amendment made by this Act.
SEC. 4. SEVERABILITY.
If any provision of this Act or the amendment made by this Act, or
any application thereof, is found to be unconstitutional, the remainder
of this Act or the amendment made by this Act, and any application
thereof, shall not be affected by such finding.
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