I 
117TH CONGRESS 
1ST SESSION H. R. 1382 
To amend title 18, United States Code, to criminalize any abortion or steri-
lization 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 Mis-
sissippi, Mr. LATTA, Mr. MOONEY, Mr. MOORE of Alabama, Mr. NOR-
MAN, 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 Representa-
tives of the United States of America in Congress assembled, 
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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 fol-
lowing: 
‘‘§ 120. Abortion and sterilization without informed 
consent 
‘‘(a) OFFENSE.—Whoever, under the circumstances 
described in subsection (b), knowingly performs an abor-
tion 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 sub-
section 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) oc-
curred in or affected interstate commerce. 
‘‘(c) EXCEPTIONS.— 
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‘‘(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 in-
cluding 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 dis-
order, physical illness, or physical injury, 
including a life-endangering physical condi-
tion caused by or arising from the repro-
ductive organs of the individual and not in-
cluding psychological or emotional condi-
tions; or 
‘‘(ii) to prevent serious risk of sub-
stantial and irreversible impairment of a 
major bodily function created by a delay. 
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‘‘(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 steri-
lization 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 Sec-
retary of Health and Human Services or a program ad-
ministered by the Secretary of Health and Human Serv-
ices, 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 preg-
nancy of a woman known to be pregnant, with 
an intention other than— 
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‘‘(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 pru-
dent physician, knowledgeable about the case and 
the treatment possibilities with respect to the med-
ical conditions involved. 
‘‘(3) STERILIZATION
PROCEDURE.—The term 
‘sterilization procedure’ means any medical proce-
dure, treatment, or operation for the purpose of ren-
dering an individual permanently incapable of repro-
ducing.’’. 
(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.’’. 
Æ 
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