[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 48 Introduced in House (IH)]
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119th CONGRESS
1st Session
H. R. 48
To amend the Public Health Service Act 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 HOUSE OF REPRESENTATIVES
January 3, 2025
Mr. Biggs of Arizona (for himself, Mr. Crenshaw, and Mr. Burlison)
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 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 qualified to perform an 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) Unemancipated minor.--The term `unemancipated minor'
means a minor who is subject to the control, authority, and
supervision of his or her parent or guardian, as determined
under State law.
``(5) 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; and
``(4) provide a complete medical description of the
ultrasound images, which shall include--
``(A) the dimensions of the embryo or fetus;
``(B) cardiac activity if present and visible; and
``(C) the presence of external members and internal
organs if present and viewable.
``(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 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 and the amendment made by this Act, and any application
thereof, shall not be affected by such finding.
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