Title: Informed Consent Act
Policy area: Crime and Law Enforcement

Summary:
Informed Consent Act
This bill establishes new federal criminal offenses related to the performance of abortions and sterilization procedures.
First, the bill prohibits knowingly performing an abortion or sterilization procedure without obtaining informed consent. It provides exceptions, including for an abortion or sterilization procedure that is necessary to save a mother whose life is endangered by a physical (but not psychological or emotional) disorder, illness, or condition.
An individual who performs a prohibited abortion or sterilization procedure is subject to criminal penalties—a fine, a prison term of up to 10 years, or both.
Second, the bill requires federal employees and contractors, as well as employees and contractors of certain federally funded entities, who know about a prohibited abortion or sterilization procedure to report it as soon as possible. An individual who knows about a prohibited abortion or sterilization procedure but fails to report it is subject to a fine, a prison term of up to three years, or both.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 446 Introduced in Senate (IS)]

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117th CONGRESS
  1st Session
                                 S. 446

 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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 25, 2021

 Ms. Ernst (for herself, Mr. Tillis, Mr. Cramer, Mrs. Hyde-Smith, and 
 Mr. Marshall) introduced the following bill; which was read twice and 
               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 Representatives of the 
United States of America in Congress assembled,

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 following:
``Sec. 120. Abortion and sterilization without informed consent
    ``(a) Offense.--Whoever, under the circumstances described in 
subsection (b), knowingly performs an abortion 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 subsection 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) occurred in 
        or affected interstate commerce.
    ``(c) Exceptions.--
            ``(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 including 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 disorder, 
                        physical illness, or physical injury, including 
                        a life-endangering physical condition caused by 
                        or arising from the reproductive organs of the 
                        individual and not including psychological or 
                        emotional conditions; or
                            ``(ii) prevent serious risk of substantial 
                        and irreversible impairment of a major bodily 
                        function created by a delay.
            ``(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 sterilization 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 Secretary of Health and Human Services or a program 
administered by the Secretary of Health and Human Services, 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 pregnancy 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
                            ``(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 prudent physician, knowledgeable about the case 
        and the treatment possibilities with respect to the medical 
        conditions involved.
            ``(3) Sterilization procedure.--The term `sterilization 
        procedure' means any medical procedure, treatment, or operation 
        for the purpose of rendering an individual permanently 
        incapable of reproducing.''.
    (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.''.
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