[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3790 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
2d Session
S. 3790
To ensure that women seeking an abortion receive an ultrasound and the
opportunity to review the ultrasound before giving informed consent to
receive an abortion.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 10 (legislative day, March 7), 2022
Mr. Marshall (for himself, Mrs. Blackburn, Mr. Braun, Mr. Cassidy, Mr.
Cruz, Mr. Daines, Mrs. Hyde-Smith, Mr. Inhofe, Ms. Lummis, Mr. Rounds,
Mr. Scott of Florida, and Mr. Lankford) introduced the following bill;
which was read twice and referred to the Committee on Health,
Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To ensure that women seeking an abortion receive an ultrasound and the
opportunity to review the ultrasound before giving informed consent to
receive an abortion.
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 ``Ultrasound Informed Consent Act''.
SEC. 2. AMENDMENT TO THE PUBLIC HEALTH SERVICE ACT.
The Public Health Service Act (42 U.S.C. 201 et seq.) is amended by
adding at the end the following:
``TITLE XXXIV--INFORMED CONSENT
``SEC. 3401. DEFINITIONS.
``In this title:
``(1) Abortion.--The term `abortion' means the intentional
use or prescription of any instrument, medicine, drug,
substance, device, or method to terminate 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 result of a
spontaneous abortion, accidental trauma, or a criminal
assault on the pregnant female or her unborn child.
``(2) Abortion provider.--The term `abortion provider'
means any person legally authorized to perform an abortion.
``(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 female human being
whether or not she has reached the age of majority.
``SEC. 3402. REQUIREMENT OF INFORMED CONSENT.
``(a) Requirement of Compliance by Providers.--Any abortion
provider in or affecting interstate or foreign commerce, who knowingly
performs any abortion, shall comply with the requirements of this
title.
``(b) Performance and Review of Ultrasound.--Prior to a woman
giving informed consent to having any part of an abortion performed,
the abortion provider who is to perform the abortion, or an agent under
the supervision of the provider, shall--
``(1) perform an obstetric ultrasound on the pregnant
woman;
``(2) provide a simultaneous explanation of what the
ultrasound is depicting;
``(3) display the ultrasound images so that the pregnant
woman may view them;
``(4) make audible the live, real-time heart auscultation,
when present, for the pregnant woman to hear, in a quality
consistent with current medical practice, and provide, in a
manner understandable to a layperson, a simultaneous verbal
explanation of the live, real-time heart auscultation; and
``(5) provide a complete medical description of the
ultrasound images, which shall include all of the following:
the dimensions of the embryo or fetus, cardiac activity if
present and visible, and the presence of arms, legs, external
members and internal organs if present and viewable, and
provide a copy of the ultrasound image to the woman.
``(c) Ability To Turn Eyes Away.--Nothing in this section shall be
construed to prevent a pregnant woman from turning her eyes away from
the ultrasound images required to be displayed and described to her.
Neither the abortion provider nor the pregnant woman shall be subject
to any penalty under this title if the pregnant woman declines to look
at the displayed ultrasound images.
``SEC. 3403. EXCEPTION FOR MEDICAL EMERGENCIES.
``(a) Exception.--The provisions of section 3402 shall not apply to
an abortion provider 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-endangering physical
condition caused by or arising from the pregnancy itself.
``(b) Certification.--Upon a determination by an abortion provider
under subsection (a) that an abortion is necessary to save the life of
a mother, such provider shall include in the medical file of the
pregnant woman a truthful and accurate certification of the specific
medical circumstances that support such determination.
``SEC. 3404. PENALTIES FOR FAILURE TO COMPLY.
``(a) Civil Penalties.--
``(1) In general.--The Attorney General may commence a
civil action in Federal court under this section against any
abortion provider who knowingly commits an act constituting a
violation of this title for a penalty in an amount not to
exceed--
``(A) $100,000 for each such violation that is
adjudicated in the first proceeding against such
provider under this title; and
``(B) $250,000 for each violation of this title
that is adjudicated in a subsequent proceeding against
such provider under this title.
``(2) Notification.--Upon the assessment of a civil penalty
under paragraph (1), the Attorney General shall notify the
appropriate State medical licensing authority.
``(b) Private Right of Action.--A woman upon whom an abortion has
been performed in violation of this title may commence a civil action
against the abortion provider for any violation of this title for
actual and punitive damages. For purposes of the preceding sentence,
actual damages are objectively verifiable money damages for all
injuries.''.
SEC. 3. PREEMPTION.
Nothing in this Act or the amendments 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. REQUIREMENT FOR FUNDING.
As a condition for receiving any Federal funds or assistance, an
abortion provider shall comply with the requirements of title XXXIV of
the Public Health Service Act, as added by this Act.
SEC. 5. SEVERABILITY.
If any provision of this Act, or any application thereof, is found
to be unconstitutional, the remainder of this Act and any application
thereof shall not be affected by such finding.
<all>