I 

112TH CONGRESS 

2D SESSION H. R. 3802 

To require an abortion provider, before performing an abortion, to wait 

for a period of at least 24 hours. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 23, 2012 

Mr. DUNCAN of South Carolina (for himself, Mr. WILSON of South Carolina, 

and Mr. JORDAN) introduced the following bill; which was referred to the 

Committee on Energy and Commerce 

A BILL 

To require an abortion provider, before performing an 

abortion, to wait for a period of at least 24 hours. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘National Pro-Life 

5 Waiting Period Act of 2012’’. 

6 SEC. 2. WAITING PERIOD PRIOR TO PERFORMANCE OF 

7 ABORTION. 

8 No abortion provider engaged in interstate or foreign 

9 commerce shall perform an abortion without having— 


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1 (1) obtained a written certification from the 

2 pregnant woman certifying the date and time of her 

3 first in-person meeting with the abortion provider to 

4 seek the abortion; and 

5 (2) waited for a period of at least 24 hours be6 ginning at the time of obtaining such certification. 

7 SEC. 3. EXCEPTION FOR MEDICAL EMERGENCIES. 

8 (a) EXCEPTION.—The provisions of section 2 shall 

9 not apply if the abortion is necessary to save the life of 

10 a mother whose life is endangered by a physical disorder, 

11 physical illness, or physical injury, including a life-endan12 gering physical condition caused by or arising from the 

13 pregnancy itself. 

14 (b) CERTIFICATION.— 

15 (1) IN GENERAL.—Upon a determination by an 

16 abortion provider under subsection (a) that an abor17 tion is necessary to save the life of a mother, such 

18 provider shall certify the specific medical conditions 

19 that support such determination and include such 

20 certification in the medical file of the pregnant 

21 woman. 

22 (2) FALSE STATEMENTS.—An abortion provider 

23 who willfully falsifies a certification under paragraph 

24 (1) shall be subject to all the penalties provided for 

25 under section 4 for failure to comply with this Act. 


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1 SEC. 4. PENALTIES FOR FAILURE TO COMPLY. 

2 (a) CIVIL PENALTIES.— 

3 (1) IN GENERAL.—The Attorney General shall 

4 assess a civil penalty against any abortion provider 

5 who violates this Act in an amount not to exceed— 

6 (A) $100,000 in the case of the first such 

7 violation; and 

8 (B) $250,000 in the case of any subse9 quent such violation. 

10 (2) NOTIFICATION.—Upon the assessment of a 

11 civil penalty under paragraph (1), the Attorney Gen12 eral shall notify the appropriate State medical licens13 ing authority. 

14 (b) PRIVATE RIGHT OF ACTION.—A pregnant woman 

15 upon whom an abortion has been performed in violation 

16 of this Act, or the parent or legal guardian of such a 

17 woman if she is an unemancipated minor, may commence 

18 a civil action against the abortion provider for any willful 

19 violation of this Act for actual and punitive damages. 

20 SEC. 5. WAITING PERIODS UNDER STATE LAW. 

21 This Act does not affect the duration of any waiting 

22 period required under State law that is equal to or longer 

23 than the duration of the waiting period required by section 

24 2(2). 

25 SEC. 6. DEFINITIONS. 

26 In this Act: 


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1 (1) The term ‘‘abortion’’ means the intentional 

2 use or prescription of any instrument, medicine, 

3 drug, or other device, substance, or method to termi4 nate the life of an unborn child, or to terminate the 

5 pregnancy of a woman known to be pregnant with 

6 an intention other than— 

7 (A) to produce a live birth and preserve 

8 the life and health of the child after live birth; 

9 or 

10 (B) to remove an ectopic pregnancy, or to 

11 remove a dead unborn child who died as the re12 sult of a spontaneous abortion, accidental trau13 ma, or a criminal assault on the pregnant fe14 male or her unborn child. 

15 (2) The term ‘‘abortion provider’’ means any 

16 individual or entity that performs an abortion. 

17 (3) The term ‘‘unemancipated minor’’ means a 

18 minor who is subject to the control, authority, and 

19 supervision of his or her parents or guardians, as 

20 determined under State law. 

Æ 


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