I 

118TH CONGRESS 

1ST SESSION H. R. 6636 

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 

DECEMBER 6, 2023 

Mrs. MILLER of Illinois (for herself, Mr. MOORE of Alabama, Mr. LAMALFA, 

and Ms. BOEBERT) 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 procedure and the major developmental characteristics of the 

unborn child. 

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 ‘‘Woman’s Right To 

5 Know Act’’. 

6 SEC. 2. REQUIREMENT OF INFORMED CONSENT. 

7 (a) IN GENERAL.— 


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1 (1) REQUIREMENT OF COMPLIANCE BY PRO2 VIDERS.—Any abortion provider, acting in or affect3 ing interstate or foreign commerce, who knowingly 

4 performs, or attempts to perform, any abortion shall 

5 comply with the requirements of this section. 

6 (2) REVIEW OF MEDICAL RISKS AND UNBORN

7 HEALTH STATUS.—An abortion provider who intends 

8 to perform, or attempt to perform, an abortion may 

9 not perform any part of the abortion procedure with10 out first— 

11 (A) performing an ultra sound on the 

12 woman seeking the abortion and sharing the re13 sults of such ultra sound with the woman; and 

14 (B) obtaining a signed Informed Consent 

15 Authorization form in accordance with this sub16 section. 

17 (3) INFORMED CONSENT AUTHORIZATION

18 FORM.— 

19 (A) IN GENERAL.—The Informed Consent 

20 Authorization form required under this sub21 section shall— 

22 (i) be presented in person by the abor23 tion provider 24 hours prior to performing, 

24 or attempting to perform, the abortion to 

25 the woman seeking the abortion; and 


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1 (ii) consist of— 

2 (I) a statement by the abortion 

3 provider indicating— 

4 (aa) the probable gestational 

5 age, in completed days, of the 

6 child; 

7 (bb) all medical risks associ8 ated with the specific abortion 

9 procedure; and 

10 (cc) the major developmental 

11 characteristics of unborn children 

12 at such gestational age, including 

13 the presence of a heartbeat, the 

14 ability to react to painful stimuli, 

15 and the development of organs, 

16 appendages, and facial features; 

17 (II) a statement by the abortion 

18 provider that an ultra sound has been 

19 performed, and the results of such 

20 ultra sound have been shared, as re21 quired by paragraph (2)(A); 

22 (III) a statement that the re23 quirements of this subsection are 

24 binding upon the abortion provider 

25 and all other medical personnel, that 


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1 such abortion providers and medical 

2 personnel are subject to criminal and 

3 civil penalties for violations of these 

4 requirements, and that a woman on 

5 whom an abortion has been performed 

6 may take civil action if these require7 ments are not followed; and 

8 (IV) an affirmation that each in9 dividual signing the Informed Consent 

10 Authorization form has filled out the 

11 form to the best of his or her knowl12 edge and understands the information 

13 contained in the form. 

14 (B) SIGNATORIES REQUIRED.—The In15 formed Consent Authorization form required 

16 under this subsection shall be signed in person 

17 by the woman seeking the abortion, the abor18 tion provider performing or attempting to per19 form the abortion, and a witness. 

20 (C) RETENTION OF CONSENT FORM.—The 

21 abortion provider performing or attempting to 

22 perform an abortion shall retain the signed In23 formed Consent Authorization form required 

24 under this subsection in the patient’s medical 

25 file. 


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1 (D) REQUIREMENT FOR DATA RETEN2 TION.—Paragraph (j)(2) of section 164.530 of 

3 title 45, Code of Federal Regulations, shall 

4 apply to the Informed Consent Authorization 

5 form required to be placed in a patient’s med6 ical file pursuant to subparagraph (C) in the 

7 same manner and to the same extent as such 

8 paragraph applies to documentation required by 

9 paragraph (j)(1) of such section. 

10 (4) EXCEPTIONS.—The requirements of this 

11 subsection shall not apply if, in reasonable medical 

12 judgment, compliance with paragraph (2) would pose 

13 a greater risk of— 

14 (A) the death of the pregnant woman; or 

15 (B) the substantial and irreversible phys16 ical impairment of a major bodily function, not 

17 including psychological or emotional conditions, 

18 of the pregnant woman. 

19 (b) PENALTY FOR FAILURE TO COMPLY.— 

20 (1) CIVIL PENALTY.— 

21 (A) ENFORCEMENT BY ATTORNEY GEN22 ERAL.—The Attorney General shall commence 

23 a civil action in an appropriate district court of 

24 the United States under this subsection against 


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1 any abortion provider who knowingly commits a 

2 violation of subsection (a). 

3 (B) PENALTY.—In a civil action under 

4 subparagraph (A), the court may, to vindicate 

5 the public interest, assess a civil penalty against 

6 the abortion provider in an amount— 

7 (i) not less than $100,000 and not 

8 more than $150,000, for each such viola9 tion that is adjudicated in the first pro10 ceeding against such abortion provider 

11 under this subsection; or 

12 (ii) not less than $150,001 and not 

13 more than $250,000, for each such viola14 tion that is adjudicated in a subsequent 

15 proceeding against such abortion provider 

16 under this subsection. 

17 (C) NOTIFICATION.—Upon the assessment 

18 of a civil penalty under subparagraph (B), the 

19 Attorney General shall notify the appropriate 

20 State medical licensing authority. 

21 (D) NO PENALTIES FOR PREGNANT

22 WOMEN.—A pregnant woman shall not be sub23 ject to any penalty under this section. 

24 (2) PRIVATE RIGHT OF ACTION.— 


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1 (A) IN GENERAL.—A woman or a parent 

2 of a minor upon whom an abortion has been 

3 performed in violation of subsection (a) may 

4 commence a civil action against the abortion 

5 provider for appropriate relief. 

6 (B) APPROPRIATE RELIEF.—Appropriate 

7 relief in a civil action under this paragraph in8 cludes— 

9 (i) objectively verifiable money dam10 ages for all injuries, psychological and 

11 physical, occasioned by the violation; 

12 (ii) statutory damages equal to 3 

13 times the cost of the abortion; and 

14 (iii) punitive damages. 

15 (C) ATTORNEY’S FEES FOR PLAINTIFF.— 

16 The court shall award a reasonable attorney’s 

17 fee as part of the costs to a prevailing plaintiff 

18 in a civil action under this paragraph. 

19 (D) ATTORNEY’S FEES FOR DEFEND20 ANT.—If a defendant in a civil action under 

21 this paragraph prevails and the court finds that 

22 the plaintiff’s suit was frivolous, the court shall 

23 award a reasonable attorney’s fee in favor of 

24 the defendant against the plaintiff. 


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1 (E) AWARDS AGAINST WOMAN.—In any 

2 civil action under this paragraph, no damages 

3 or other monetary relief, and no attorney’s fees 

4 except as provided under subparagraph (D), 

5 may be assessed against the woman upon whom 

6 the abortion was performed or attempted. 

7 (c) PREEMPTION.—Nothing in this Act or the amend8 ments made by this Act shall be construed to preempt any 

9 provision of State law to the extent that such State law 

10 establishes, implements, or continues in effect disclosure 

11 requirements regarding abortion or penalties for failure to 

12 comply with such requirements that are more extensive 

13 than those provided under the amendment made by this 

14 Act. 

15 (d) RULE OF CONSTRUCTION.—Nothing in this Act 

16 shall be construed to prohibit an abortion provider from 

17 presenting the information required under subsection (a) 

18 to a pregnant woman at the same time as acquiring in19 formed consent for an abortion from such woman in ac20 cordance with State law, provided that the presentation 

21 of such information occurs at least 24 hours before the 

22 abortion. 

23 (e) DEFINITIONS.—In this section: 


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1 (1) ABORTION.—The term ‘‘abortion’’ means 

2 the use or prescription of any instrument, medicine, 

3 drug, or any other substance or device— 

4 (A) to intentionally kill the unborn child of 

5 a woman known to be pregnant; or 

6 (B) to intentionally terminate the preg7 nancy of a woman known to be pregnant, with 

8 an intention other than— 

9 (i) after viability to produce a live 

10 birth and preserve the life and health of 

11 the child born alive; or 

12 (ii) to remove a dead unborn child. 

13 (2) ABORTION PROVIDER.—The term ‘‘abortion 

14 provider’’ means a person— 

15 (A) licensed to practice medicine and sur16 gery or osteopathic medicine and surgery; or 

17 (B) otherwise legally authorized to perform 

18 an abortion. 

19 (3) ATTEMPT.—The term ‘‘attempt’’, with re20 spect to an abortion, means conduct that, under the 

21 circumstances as the actor believes them to be, con22 stitutes a substantial step in a course of conduct 

23 planned to culminate in performing an abortion. 

24 (4) MINOR.—The term ‘‘minor’’ means an indi25 vidual who has not attained the age of 18 years. 


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1 (5) PERFORM.—The term ‘‘perform’’, with re2 spect to an abortion, includes inducing an abortion 

3 through a medical or chemical intervention including 

4 writing a prescription for a drug or device intended 

5 to result in an abortion. 

6 (6) REASONABLE MEDICAL JUDGMENT.—The 

7 term ‘‘reasonable medical judgment’’ means a med8 ical judgment that would be made by a reasonably 

9 prudent abortion provider, knowledgeable about the 

10 case and the treatment possibilities with respect to 

11 the medical conditions involved. 

12 (7) UNBORN CHILD.—The term ‘‘unborn child’’ 

13 means an individual organism of the species homo 

14 sapiens, beginning at fertilization, until the point of 

15 being born alive as defined in section 8(b) of title 1, 

16 United States Code. 

17 (8) WOMAN.—The term ‘‘woman’’ means a fe18 male human being whether or not she has reached 

19 the age of majority. 

Æ 


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