Chemical Abortion Risk Awareness Act

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7237 Introduced in House (IH)]

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119th CONGRESS
  2d Session
                                H. R. 7237

To amend the Public Health Service Act to ensure that a woman seeking a 
 chemical abortion is made aware of the risks involved, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 23, 2026

    Mr. Stutzman (for himself and Mrs. Harshbarger) introduced the 
   following bill; which was referred to the Committee on Energy and 
                                Commerce

_______________________________________________________________________

                                 A BILL


 
To amend the Public Health Service Act to ensure that a woman seeking a 
 chemical abortion is made aware of the risks involved, 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 ``Chemical Abortion Risk Awareness 
Act''.

SEC. 2. CHEMICAL ABORTION RISK AWARENESS.

    The Public Health Service Act (42 U.S.C. 201 et seq.) is amended by 
adding at the end the following:

            ``TITLE XXXIV--CHEMICAL ABORTION RISK AWARENESS

``SEC. 3401. DEFINITIONS.

    ``In this title:
            ``(1) Chemical abortion.--The term `chemical abortion'--
                    ``(A) means the use or prescription of an abortion-
                inducing drug dispensed with the intent to cause the 
                death of the unborn child; and
                    ``(B) does not include--
                            ``(i) separation of the mother and her 
                        embryo or fetus to prevent the mother's death 
                        or immediate irreversible bodily harm if such 
                        death or harm cannot be mitigated in any other 
                        way;
                            ``(ii) treatment of ectopic or molar 
                        pregnancy; and
                            ``(iii) treatment of miscarriage.
            ``(2) Chemical abortion provider.--The term `chemical 
        abortion provider' means any person licensed to perform a 
        chemical abortion under applicable Federal and State laws.
            ``(3) Unborn child.--The term `unborn child' means a member 
        of the species Homo sapiens, at any stage of development prior 
        to birth.
            ``(4) Woman.--The term `woman' means a human being with XX 
        chromosomes.

``SEC. 3402. CHEMICAL ABORTION RISK AWARENESS.

    ``(a) Requirement of Compliance by Providers.--Effective 30 days 
after the date of enactment of this title, any chemical abortion 
provider receiving Federal funds, or working in, for, or on behalf of a 
medical practice or company that receives Federal funds, who knowingly 
performs or induces, or attempts to perform or induce, any chemical 
abortion, shall comply with the requirements of this title.
    ``(b) Informed Consent.--A chemical abortion shall not knowingly be 
performed or induced, or be attempted to be performed or induced, by a 
chemical abortion provider referred to in subsection (a) unless the 
chemical abortion provider, not later than 24 hours before the chemical 
abortion--
            ``(1) provides to the woman, in both electronic and paper 
        form, a full Food and Drug Administration-approved product 
        label for each abortion-inducing drug to be used, with the 
        `Warnings and Precautions' and `Adverse Reactions' sections of 
        the label (or such other similar sections) highlighted;
            ``(2) reads to the woman the full text of such highlighted 
        sections; and
            ``(3) receives confirmation from the woman in writing that 
        the requirements described in paragraphs (1) and (2) have been 
        fulfilled.
    ``(c) Implementation Plan.--Not later than 30 days after the date 
of enactment of this title, a chemical abortion provider referred to in 
subsection (a) (or the entity that such provider works in, for, or on 
behalf of) shall submit to the Secretary a plan for implementing the 
requirements of this title applicable to such provider.

``SEC. 3403. WITHHOLDING OF FEDERAL FUNDING.

    ``Notwithstanding any other law, in the case that a chemical 
abortion provider is not in compliance with the requirements of this 
title, the Secretary may withhold the Federal funding of the chemical 
abortion provider, the entity at which the chemical abortion provider 
is employed or on behalf of which the chemical abortion provider 
performs or induces chemical abortions, or both.

``SEC. 3404. PRIVATE RIGHT OF ACTION.

    ``(a) In General.--A woman or a parent of a woman upon whom an 
abortion has been performed or induced, or attempted to be performed or 
induced, by a chemical abortion provider in violation of this title may 
commence a civil action against the chemical abortion provider for 
appropriate relief.
    ``(b) Appropriate Relief.--Appropriate relief in a civil action 
under this section includes--
            ``(1) objectively verifiable money damages for all 
        injuries, psychological and physical, occasioned by the 
        violation;
            ``(2) statutory damages equal to 3 times the cost of the 
        abortion; and
            ``(3) 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 section.
    ``(d) Attorney's Fees for Defendant.--If a defendant in a civil 
action under this section 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 
section, no damages or other monetary relief, and no attorney's fees 
except as provided in subsection (d), may be assessed against the woman 
upon whom the abortion was performed or induced or attempted to be 
performed or induced.''.

SEC. 3. PREEMPTION.

    Nothing in this Act or the amendment made by this Act shall be 
construed to preempt any provision of State law to the extent that such 
State law 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.

SEC. 4. SEVERABILITY.

    If any provision of this Act or the amendment made by this Act, or 
any application thereof, is found to be unconstitutional, the remainder 
of this Act or the amendment made by this Act, and any application 
thereof, shall not be affected by such finding.
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