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H.R. 1382: Informed Consent Act


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The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress, and was published on Feb 25, 2021.


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.