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. 
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 ‘‘National Pro-Life 
Waiting Period Act of 2012’’. 
SEC. 2. WAITING PERIOD PRIOR TO PERFORMANCE OF 
ABORTION. 
No abortion provider engaged in interstate or foreign 
commerce shall perform an abortion without having— 
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(1) obtained a written certification from the 
pregnant woman certifying the date and time of her 
first in-person meeting with the abortion provider to 
seek the abortion; and 
(2) waited for a period of at least 24 hours be-
ginning at the time of obtaining such certification. 
SEC. 3. EXCEPTION FOR MEDICAL EMERGENCIES. 
(a) EXCEPTION.—The provisions of section 2 shall 
not apply if the abortion is necessary to save the life of 
a mother whose life is endangered by a physical disorder, 
physical illness, or physical injury, including a life-endan-
gering physical condition caused by or arising from the 
pregnancy itself. 
(b) CERTIFICATION.— 
(1) IN GENERAL.—Upon a determination by an 
abortion provider under subsection (a) that an abor-
tion is necessary to save the life of a mother, such 
provider shall certify the specific medical conditions 
that support such determination and include such 
certification in the medical file of the pregnant 
woman. 
(2) FALSE STATEMENTS.—An abortion provider 
who willfully falsifies a certification under paragraph 
(1) shall be subject to all the penalties provided for 
under section 4 for failure to comply with this Act. 
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SEC. 4. PENALTIES FOR FAILURE TO COMPLY. 
(a) CIVIL PENALTIES.— 
(1) IN GENERAL.—The Attorney General shall 
assess a civil penalty against any abortion provider 
who violates this Act in an amount not to exceed— 
(A) $100,000 in the case of the first such 
violation; and 
(B) $250,000 in the case of any subse-
quent such violation. 
(2) NOTIFICATION.—Upon the assessment of a 
civil penalty under paragraph (1), the Attorney Gen-
eral shall notify the appropriate State medical licens-
ing authority. 
(b) PRIVATE RIGHT OF ACTION.—A pregnant woman 
upon whom an abortion has been performed in violation 
of this Act, or the parent or legal guardian of such a 
woman if she is an unemancipated minor, may commence 
a civil action against the abortion provider for any willful 
violation of this Act for actual and punitive damages. 
SEC. 5. WAITING PERIODS UNDER STATE LAW. 
This Act does not affect the duration of any waiting 
period required under State law that is equal to or longer 
than the duration of the waiting period required by section 
2(2). 
SEC. 6. DEFINITIONS. 
In this Act: 
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(1) The term ‘‘abortion’’ means the intentional 
use or prescription of any instrument, medicine, 
drug, or other device, substance, or method to termi-
nate the life of an unborn child, or to terminate the 
pregnancy of a woman known to be pregnant with 
an intention other than— 
(A) to produce a live birth and preserve 
the life and health of the child after live birth; 
or 
(B) to remove an ectopic pregnancy, or to 
remove a dead unborn child who died as the re-
sult of a spontaneous abortion, accidental trau-
ma, or a criminal assault on the pregnant fe-
male or her unborn child. 
(2) The term ‘‘abortion provider’’ means any 
individual or entity that performs an abortion. 
(3) The term ‘‘unemancipated minor’’ means a 
minor who is subject to the control, authority, and 
supervision of his or her parents or guardians, as 
determined under State law. 
Æ 
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