I 
118TH CONGRESS 
2D SESSION 
H. R. 7044 
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 
JANUARY 18, 2024 
Mrs. MCCLAIN (for herself, Mr. JACKSON of Texas, Mr. GUEST, Mr. GUTH-
RIE, Mr. HARRIS, Mr. MANN, Mr. WEBER of Texas, Mr. SESSIONS, Mr. 
FLEISCHMANN, Mr. KUSTOFF, Mr. SCOTT FRANKLIN of Florida, Mr. 
MOONEY, Mr. BANKS, and Mrs. LESKO) 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 proce-
dure and the major developmental characteristics of the 
unborn child. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Woman’s Right To 
Know Act’’. 
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SEC. 2. REQUIREMENT OF INFORMED CONSENT. 
(a) IN GENERAL.— 
(1) REQUIREMENT
OF
COMPLIANCE
BY
PRO-
VIDERS.—Any abortion provider, acting in or affect-
ing interstate or foreign commerce, who knowingly 
performs, or attempts to perform, any abortion shall 
comply with the requirements of this section. 
(2) REVIEW OF MEDICAL RISKS AND UNBORN 
HEALTH STATUS.—An abortion provider who intends 
to perform, or attempt to perform, an abortion may 
not perform any part of the abortion procedure with-
out first obtaining a signed Informed Consent Au-
thorization form in accordance with this subsection. 
(3) 
INFORMED
CONSENT
AUTHORIZATION 
FORM.— 
(A) IN GENERAL.—The Informed Consent 
Authorization form required under this sub-
section shall— 
(i) be presented in person by the abor-
tion provider 24 hours prior to performing, 
or attempting to perform, the abortion to 
the woman seeking the abortion; and 
(ii) consist of— 
(I) a statement by the abortion 
provider indicating— 
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(aa) the probable gestational 
age, in completed days, of the 
child; 
(bb) all medical risks associ-
ated with the specific abortion 
procedure; and 
(cc) the major developmental 
characteristics of unborn children 
at such gestational age, including 
the presence of a heartbeat, the 
ability to react to painful stimuli, 
and the development of organs, 
appendages, and facial features; 
(II) a statement that the require-
ments of this subsection are binding 
upon the abortion provider and all 
other medical personnel, that such 
abortion providers and medical per-
sonnel are subject to criminal and 
civil penalties for violations of these 
requirements, and that a woman on 
whom an abortion has been performed 
may take civil action if these require-
ments are not followed; and 
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(III) an affirmation that each in-
dividual signing the Informed Consent 
Authorization form has filled out the 
form to the best of his or her knowl-
edge and understands the information 
contained in the form. 
(B) SIGNATORIES
REQUIRED.—The In-
formed Consent Authorization form required 
under this subsection shall be signed in person 
by the woman seeking the abortion, the abor-
tion provider performing or attempting to per-
form the abortion, and a witness. 
(C) RETENTION OF CONSENT FORM.—The 
abortion provider performing or attempting to 
perform an abortion shall retain the signed In-
formed Consent Authorization form required 
under this subsection in the patient’s medical 
file. 
(D) REQUIREMENT
FOR
DATA
RETEN-
TION.—Paragraph (j)(2) of section 164.530 of 
title 45, Code of Federal Regulations, shall 
apply to the Informed Consent Authorization 
form required to be placed in a patient’s med-
ical file pursuant to subparagraph (C) in the 
same manner and to the same extent as such 
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tion that is adjudicated in the first pro-
ceeding against such abortion provider 
under this subsection; or 
(ii) not less than $150,001 and not 
more than $250,000, for each such viola-
tion that is adjudicated in a subsequent 
proceeding against such abortion provider 
under this subsection. 
(C) NOTIFICATION.—Upon the assessment 
of a civil penalty under subparagraph (B), the 
Attorney General shall notify the appropriate 
State medical licensing authority. 
(D) 
NO
PENALTIES
FOR
PREGNANT 
WOMEN.—A pregnant woman shall not be sub-
ject to any penalty under this section. 
(2) PRIVATE RIGHT OF ACTION.— 
(A) IN GENERAL.—A woman or a parent 
of a minor upon whom an abortion has been 
performed in violation of subsection (a) may 
commence a civil action against the abortion 
provider for appropriate relief. 
(B) APPROPRIATE
RELIEF.—Appropriate 
relief in a civil action under this paragraph in-
cludes— 
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(i) objectively verifiable money dam-
ages for all injuries, psychological and 
physical, occasioned by the violation; 
(ii) statutory damages equal to 3 
times the cost of the abortion; and 
(iii) 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 paragraph. 
(D) ATTORNEY’S
FEES
FOR
DEFEND-
ANT.—If a defendant in a civil action under 
this paragraph 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 paragraph, no damages 
or other monetary relief, and no attorney’s fees 
except as provided under subparagraph (D), 
may be assessed against the woman upon whom 
the abortion was performed or attempted. 
(c) PREEMPTION.—Nothing in this Act or the amend-
ments made by this Act shall be construed to preempt any 
provision of State law to the extent that such State law 
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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. 
(d) RULE OF CONSTRUCTION.—Nothing in this Act 
shall be construed to prohibit an abortion provider from 
presenting the information required under subsection (a) 
to a pregnant woman at the same time as acquiring in-
formed consent for an abortion from such woman in ac-
cordance with State law, provided that the presentation 
of such information occurs at least 24 hours before the 
abortion. 
(e) DEFINITIONS.—In this section: 
(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— 
(i) after viability to produce a live 
birth and preserve the life and health of 
the child born alive; or 
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(ii) to remove a dead unborn child. 
(2) ABORTION PROVIDER.—The term ‘‘abortion 
provider’’ means a person— 
(A) licensed to practice medicine and sur-
gery or osteopathic medicine and surgery; or 
(B) otherwise legally authorized to perform 
an abortion. 
(3) ATTEMPT.—The term ‘‘attempt’’, with re-
spect to an abortion, means conduct that, under the 
circumstances as the actor believes them to be, con-
stitutes a substantial step in a course of conduct 
planned to culminate in performing an abortion. 
(4) MINOR.—The term ‘‘minor’’ means an indi-
vidual who has not attained the age of 18 years. 
(5) PERFORM.—The term ‘‘perform’’, with re-
spect to an abortion, includes inducing an abortion 
through a medical or chemical intervention including 
writing a prescription for a drug or device intended 
to result in an abortion. 
(6) REASONABLE
MEDICAL
JUDGMENT.—The 
term ‘‘reasonable medical judgment’’ means a med-
ical judgment that would be made by a reasonably 
prudent abortion provider, knowledgeable about the 
case and the treatment possibilities with respect to 
the medical conditions involved. 
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(7) UNBORN CHILD.—The term ‘‘unborn child’’ 
means an individual organism of the species homo 
sapiens, beginning at fertilization, until the point of 
being born alive as defined in section 8(b) of title 1, 
United States Code. 
(8) WOMAN.—The term ‘‘woman’’ means a fe-
male human being whether or not she has reached 
the age of majority. 
Æ 
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