II 

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. 

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 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 authorized to 

25 perform an abortion. 


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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) WOMAN.—The term ‘woman’ means a fe5 male human being whether or not she has reached 

6 the age of majority. 

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

8 ‘‘(a) REQUIREMENT OF COMPLIANCE BY PRO9 VIDERS.—Any abortion provider in or affecting interstate 

10 or foreign commerce, who knowingly performs any abor11 tion, shall comply with the requirements of this title. 

12 ‘‘(b) PERFORMANCE AND REVIEW OF

13 ULTRASOUND.—Prior to a woman giving informed con14 sent to having any part of an abortion performed, the 

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

16 agent under the supervision of the provider, shall— 

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

18 pregnant woman; 

19 ‘‘(2) provide a simultaneous explanation of 

20 what the ultrasound is depicting; 

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

22 pregnant woman may view them; 

23 ‘‘(4) make audible the live, real-time heart aus24 cultation, when present, for the pregnant woman to 

25 hear, in a quality consistent with current medical 


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1 practice, and provide, in a manner understandable to 

2 a layperson, a simultaneous verbal explanation of 

3 the live, real-time heart auscultation; and 

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

5 the ultrasound images, which shall include all of the 

6 following: the dimensions of the embryo or fetus, 

7 cardiac activity if present and visible, and the pres8 ence of arms, legs, external members and internal 

9 organs if present and viewable, and provide a copy 

10 of the ultrasound image to the woman. 

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. 


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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 


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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 amendments 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. REQUIREMENT FOR FUNDING. 

15 As a condition for receiving any Federal funds or as16 sistance, an abortion provider shall comply with the re17 quirements of title XXXIV of the Public Health Service 

18 Act, as added by this Act. 

19 SEC. 5. SEVERABILITY. 

20 If any provision of this Act, or any application there21 of, is found to be unconstitutional, the remainder of this 

22 Act and any application thereof shall not be affected by 

23 such finding. 

Æ 


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