I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Ultrasound Informed 

5 Consent Act’’. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
2 

•HR 48 IH

1 SEC. 2. AMENDMENT TO THE PUBLIC HEALTH SERVICE 

2 ACT. 

3 The Public Health Service Act (42 U.S.C. 201 et 

4 seq.) is amended by adding at the end the following: 

5 ‘‘TITLE XXXIV—INFORMED 

6 CONSENT 

7 ‘‘SEC. 3401. DEFINITIONS. 

8 ‘‘In this title: 

9 ‘‘(1) ABORTION.—The term ‘abortion’ means 

10 the intentional use or prescription of any instru11 ment, medicine, drug, substance, device, or method 

12 to terminate the life of an unborn child, or to termi13 nate the pregnancy of a woman known to be preg14 nant, with an intention other than— 

15 ‘‘(A) to produce a live birth and preserve 

16 the life and health of the child after live birth; 

17 or 

18 ‘‘(B) to remove an ectopic pregnancy, or to 

19 remove a dead unborn child who died as the re20 sult of a spontaneous abortion, accidental trau21 ma, or a criminal assault on the pregnant fe22 male or her unborn child. 

23 ‘‘(2) ABORTION PROVIDER.—The term ‘abortion 

24 provider’ means any person legally qualified to per25 form an abortion under applicable Federal and State 

26 laws. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
3 

•HR 48 IH

1 ‘‘(3) UNBORN CHILD.—The term ‘unborn child’ 

2 means a member of the species homo sapiens, at any 

3 stage of development prior to birth. 

4 ‘‘(4) UNEMANCIPATED MINOR.—The term 

5 ‘unemancipated minor’ means a minor who is sub6 ject to the control, authority, and supervision of his 

7 or her parent or guardian, as determined under 

8 State law. 

9 ‘‘(5) WOMAN.—The term ‘woman’ means a fe10 male human being whether or not she has reached 

11 the age of majority. 

12 ‘‘SEC. 3402. REQUIREMENT OF INFORMED CONSENT. 

13 ‘‘(a) REQUIREMENT OF COMPLIANCE BY PRO14 VIDERS.—Any abortion provider in or affecting interstate 

15 or foreign commerce, who knowingly performs any abor16 tion, shall comply with the requirements of this title. 

17 ‘‘(b) PERFORMANCE AND REVIEW OF

18 ULTRASOUND.—Prior to a woman giving informed con19 sent to having any part of an abortion performed, the 

20 abortion provider who is to perform the abortion, or an 

21 agent under the supervision of the provider, shall— 

22 ‘‘(1) perform an obstetric ultrasound on the 

23 pregnant woman; 

24 ‘‘(2) provide a simultaneous explanation of 

25 what the ultrasound is depicting; 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
4 

•HR 48 IH

1 ‘‘(3) display the ultrasound images so that the 

2 pregnant woman may view them; and 

3 ‘‘(4) provide a complete medical description of 

4 the ultrasound images, which shall include— 

5 ‘‘(A) the dimensions of the embryo or 

6 fetus; 

7 ‘‘(B) cardiac activity if present and visible; 

8 and 

9 ‘‘(C) the presence of external members and 

10 internal organs if present and viewable. 

11 ‘‘(c) ABILITY TO TURN EYES AWAY.—Nothing in 

12 this section shall be construed to prevent a pregnant 

13 woman from turning her eyes away from the ultrasound 

14 images required to be displayed and described to her. Nei15 ther the abortion provider nor the pregnant woman shall 

16 be subject to any penalty under this title if the pregnant 

17 woman declines to look at the displayed ultrasound im18 ages. 

19 ‘‘SEC. 3403. EXCEPTION FOR MEDICAL EMERGENCIES. 

20 ‘‘(a) EXCEPTION.—The provisions of section 3402 

21 shall not apply to an abortion provider if the abortion is 

22 necessary to save the life of a mother whose life is endan23 gered by a physical disorder, physical illness, or physical 

24 injury, including a life-endangering physical condition 

25 caused by or arising from the pregnancy itself. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
5 

•HR 48 IH

1 ‘‘(b) CERTIFICATION.—Upon a determination by an 

2 abortion provider under subsection (a) that an abortion 

3 is necessary to save the life of a mother, such provider 

4 shall include in the medical file of the pregnant woman 

5 a truthful and accurate certification of the specific medical 

6 circumstances that support such determination. 

7 ‘‘SEC. 3404. PENALTIES FOR FAILURE TO COMPLY. 

8 ‘‘(a) CIVIL PENALTIES.— 

9 ‘‘(1) IN GENERAL.—The Attorney General may 

10 commence a civil action in Federal court under this 

11 section against any abortion provider who knowingly 

12 commits an act constituting a violation of this title 

13 for a penalty in an amount not to exceed— 

14 ‘‘(A) $100,000 for each such violation that 

15 is adjudicated in the first proceeding against 

16 such provider under this title; and 

17 ‘‘(B) $250,000 for each violation of this 

18 title that is adjudicated in a subsequent pro19 ceeding against such provider under this title. 

20 ‘‘(2) NOTIFICATION.—Upon the assessment of 

21 a civil penalty under paragraph (1), the Attorney 

22 General shall notify the appropriate State medical li23 censing authority. 

24 ‘‘(b) PRIVATE RIGHT OF ACTION.—A woman upon 

25 whom an abortion has been performed in violation of this 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
6 

•HR 48 IH

1 title may commence a civil action against the abortion pro2 vider for any violation of this title for actual and punitive 

3 damages. For purposes of the preceding sentence, actual 

4 damages are objectively verifiable money damages for all 

5 injuries.’’. 

6 SEC. 3. PREEMPTION. 

7 Nothing in this Act or the amendment made by this 

8 Act shall be construed to preempt any provision of State 

9 law to the extent that such State law establishes, imple10 ments, or continues in effect disclosure requirements re11 garding abortion or penalties for failure to comply with 

12 such requirements that are more extensive than those pro13 vided under the amendment made by this Act. 

14 SEC. 4. SEVERABILITY. 

15 If any provision of this Act or the amendment made 

16 by this Act, or any application thereof, is found to be un17 constitutional, the remainder of this Act and the amend18 ment made by this Act, and any application thereof, shall 

19 not be affected by such finding. 

Æ 


kjohnson on DSK7ZCZBW3PROD with $$_JOB