H.R. 7237

119 HR 7237 IH: Chemical Abortion Risk Awareness Act
 U.S. House of Representatives
 2026-01-23
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 I  119th CONGRESS  2d Session  H. R. 7237  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.
1.
Short title
This Act may be cited as the   Chemical Abortion Risk Awareness Act  .
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:
XXXIV
Chemical abortion risk awareness
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.
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.
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.
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.
 .
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.
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.