I 

110TH CONGRESS 

2D SESSION H. R. 5032 

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 17, 2008 

Mr. JORDAN of Ohio (for himself, Mr. STUPAK, Mr. SMITH of New Jersey, 

Mr. FRANKS of Arizona, Mr. MCHENRY, Mr. DAVID DAVIS of Tennessee, 

Mr. WALBERG, Mr. SALI, Mr. WELDON of Florida, Mr. MCCARTHY of 

California, Mr. HENSARLING, Mrs. MCMORRIS RODGERS, and Mrs. 

BACHMANN) introduced the following bill; which was referred to the Committee on Energy and Commerce 

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. 

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’’. 


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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 XXX—INFORMED 

6 CONSENT 

7 ‘‘SEC. 3001. DEFINITIONS. 

8 ‘‘In this title: 

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

10 the intentional use or prescription of any instru11 ment, medicine, drug, or any other substance or de12 vice or method to terminate the life of an unborn 

13 child, or to terminate the pregnancy of a woman 

14 known to be pregnant with an intention other 

15 than— 

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

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

18 or 

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

20 remove a dead unborn child who died as the re21 sult of a spontaneous abortion, accidental trau22 ma, or a criminal assault on the pregnant fe23 male or her unborn child. 

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

25 provider’ means any person legally qualified to perVerDate Aug 31 2005 00:51 Jan 19, 2008 Jkt 069200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H5032.IH H5032

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1 form an abortion under applicable Federal and State 

2 laws. 

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

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

5 stage of development prior to birth. 

6 ‘‘(4) WOMAN.—The term ‘woman’ means a fe7 male human being whether or not she has reached 

8 the age of majority. 

9 ‘‘SEC. 3002. REQUIREMENT OF INFORMED CONSENT. 

10 ‘‘(a) REQUIREMENT OF COMPLIANCE BY PRO11 VIDERS.—Any abortion provider in or affecting interstate 

12 or foreign commerce, who knowingly performs any abor13 tion, shall comply with the requirements of this title. 

14 ‘‘(b) PERFORMANCE AND REVIEW OF

15 ULTRASOUND.—Prior to a woman giving informed con16 sent to having any part of an abortion performed, the phy17 sician who is to perform the abortion, or certified techni18 cian working in conjunction with the physician, shall— 

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

20 pregnant woman; 

21 ‘‘(2) provide an explanation of the results of the 

22 ultrasound; 

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

24 pregnant woman may view them; and 


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1 ‘‘(4) provide a medical description of the 

2 ultrasound images, which shall include the dimen3 sions of the embryo or fetus and the presence of ex4 ternal members and internal organs, if present and 

5 viewable. 

6 ‘‘(c) NO REQUIREMENT TO VIEW ULTRASOUND IM7 AGES.—Nothing in this section shall be construed to re8 quire a woman to view the ultrasound images. Neither the 

9 physician nor the woman shall be subject to any penalty 

10 if she refuses to look at the presented ultrasound images. 

11 ‘‘SEC. 3003. EXCEPTION FOR MEDICAL EMERGENCIES. 

12 ‘‘(a) EXCEPTION.—The provisions of section 3002 

13 shall not apply to an abortion provider in the case that 

14 the abortion is necessary to save the life of a mother whose 

15 life is endangered by a physical disorder, physical illness, 

16 or physical injury, including a life-endangering physical 

17 condition caused by or arising from the pregnancy itself. 

18 ‘‘(b) CERTIFICATION.— 

19 ‘‘(1) IN GENERAL.—Upon a determination by 

20 an abortion provider under subsection (a) that an 

21 abortion is necessary to save the life of a mother, 

22 such provider shall certify the specific medical condi23 tions that support such determination and include 

24 such certification in the medical file of the pregnant 

25 woman. 


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1 ‘‘(2) FALSE STATEMENTS.—An abortion pro2 vider who willfully falsifies a certification under 

3 paragraph (1) shall be subject to all the penalties 

4 provided for under section 3004 for failure to com5 ply with this title. 

6 ‘‘SEC. 3004. PENALTIES FOR FAILURE TO COMPLY. 

7 ‘‘(a) IN GENERAL.—An abortion provider who will8 fully fails to comply with the provisions of this title shall 

9 be subject to civil penalties in accordance with this section 

10 in an appropriate Federal court. 

11 ‘‘(b) COMMENCEMENT OF ACTION.—The Attorney 

12 General may commence a civil action under this section. 

13 ‘‘(c) FIRST OFFENSE.—Upon a finding by a court 

14 that a respondent in an action commenced under this sec15 tion has knowingly violated a provision of this title, the 

16 court shall notify the appropriate State medical licensing 

17 authority and shall assess a civil penalty against the re18 spondent in an amount not to exceed $100,000. 

19 ‘‘(d) SECOND AND SUBSEQUENT OFFENSES.—Upon 

20 a finding by a court that the respondent in an action com21 menced under this section has knowingly violated a provi22 sion of this title and the respondent has been found to 

23 have knowingly violated a provision of this title on a prior 

24 occasion, the court shall notify the appropriate State med25 ical licensing authority and shall assess a civil penalty 


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1 against the respondent in an amount not to exceed 

2 $250,000. 

3 ‘‘(e) PRIVATE RIGHT OF ACTION.—A pregnant 

4 woman upon whom an abortion has been performed in vio5 lation of this title, or the parent or legal guardian of such 

6 a woman if she is an unemancipated minor, may com7 mence a civil action against the abortion provider for any 

8 willful violation of this title for actual and punitive dam9 ages.’’. 

10 SEC. 3. PREEMPTION. 

11 Nothing in this Act or the amendments made by this 

12 Act shall be construed to preempt any provision of State 

13 law to the extent that such State law establishes, imple14 ments, or continues in effect greater disclosure require15 ments regarding abortion than those provided under this 

16 Act and the amendments made by this Act. 

17 SEC. 4. SEVERABILITY. 

18 The provisions of this Act shall be severable. If any 

19 provision of this Act, or any application thereof, is found 

20 unconstitutional, that finding shall not affect any provi21 sion or application of the Act not so adjudicated. 

Æ 


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