I 

112TH CONGRESS 

1ST SESSION H. R. 3130 

To ensure that women seeking an abortion receive an ultrasound and an 

opportunity to review the ultrasound before giving informed consent 

to receive an abortion. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 6, 2011 

Mrs. BACHMANN (for herself, Mr. GIBBS, Mr. FRANKS of Arizona, Mr. GOHMERT, Mr. JONES, Mr. HUIZENGA of Michigan, Mr. SMITH of New Jersey, Mr. JOHNSON of Ohio, Mrs. SCHMIDT, Mr. BURTON of Indiana, Mr. 

AUSTRIA, Mr. KING of Iowa, Mr. MCKINLEY, Mr. BUCSHON, Mr. LAMBORN, Mr. SCALISE, Mr. KELLY, Mr. WESTMORELAND, Mr. BILIRAKIS, 

Mr. LATTA, Mrs. ELLMERS, Mr. MCCOTTER, Mr. HARRIS, Mr. BRADY

of Texas, Mr. LONG, Mr. CRAVAACK, Mr. BOUSTANY, Mr. MILLER of 

Florida, Mr. PALAZZO, and Mr. FLEMING) 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 an 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 ‘‘Heartbeat Informed 

5 Consent Act’’. 


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1 SEC. 2. FINDINGS. 

2 The Congress finds as follows: 

3 (1) The presence of a heartbeat in a woman’s 

4 unborn child will be a material consideration to 

5 many women contemplating abortion. 

6 (2) The presence of a heartbeat in a woman’s 

7 unborn child is a developmental fact that illustrates 

8 to the woman that her baby is already alive. 

9 (3) On about the 21st or 22nd day after fer10 tilization (which is about 5 weeks from the first day 

11 of the last menstrual period) the heart of an unborn 

12 child begins to beat. 

13 (4) The heartbeat of an unborn child can be 

14 visually detected at an early stage of pregnancy 

15 using an ultrasound machine, typically, at 4 to 4.5 

16 weeks after fertilization (6 to 6.5 weeks from the 

17 first day of the last menstrual period) on 

18 transvaginal ultrasound, and at 5.5 to 6 weeks after 

19 fertilization (7.5 to 8 weeks from the first day of the 

20 last menstrual period) on transabdominal 

21 ultrasound. 

22 (5) The heartbeat of an unborn child can be 

23 made audible at later stages, including by using a 

24 handheld Doppler fetal monitor. 

25 (6) Less than five percent of all natural preg26 nancies end in spontaneous miscarriage after detecVerDate Mar 15 2010 00:05 Oct 12, 2011 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3130.IH H3130

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1 tion of cardiac activity. A fetal heartbeat is therefore 

2 a key medical indicator that an unborn child is likely 

3 to achieve the capacity for live birth. 

4 (7) The observation of a heartbeat in a wom5 an’s unborn child, when a heartbeat has been de6 tected, is an important component of full informed 

7 consent. 

8 (8) Ensuring full informed consent for an abor9 tion is imperative, because of the profound physical 

10 and psychological risks of an abortion. As the Su11 preme Court has observed, ‘‘[t]he medical, emo12 tional, and psychological consequences of an abortion 

13 are serious and can be lasting.’’ H.L. v. Matheson, 

14 450 U.S. 398, 411 (1981). The woman’s decision 

15 whether to abort ‘‘is an important, and often a 

16 stressful one, and it is desirable and imperative that 

17 it be made with full knowledge of its nature and 

18 consequences.’’ Planned Parenthood v. Danforth, 

19 428 U.S. 52, 67 (1976). ‘‘Whether to have an abor20 tion requires a difficult and painful moral decision,’’ 

21 in which ‘‘some women come to regret their choice 

22 to abort the infant life they once created and sus23 tained,’’ and ‘‘[s]evere depression and loss of esteem 

24 can follow . . . The State has an interest in ensur25 ing so grave a choice is well informed. It is self-eviVerDate Mar 15 2010 22:37 Oct 11, 2011 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3130.IH H3130

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1 dent that a mother who comes to regret her choice 

2 to abort must struggle with grief more anguished 

3 and sorrow more profound when she learns, only 

4 after the event, what she once did not know . . .’’ 

5 Gonzales v. Carhart, 550 U.S. 124, 159–160 

6 (2007). 

7 (9) Requiring providers to give a woman an op8 portunity to observe her unborn child’s heartbeat is 

9 constitutionally permissible, and the ultrasound 

10 image of an unborn child is truthful, nonmisleading 

11 information. ‘‘In attempting to ensure that a woman 

12 apprehend the full consequences of her decision, the 

13 State furthers the legitimate purpose of reducing the 

14 risk that a woman may elect an abortion, only to 

15 discover later, with devastating psychological con16 sequences, that her decision was not fully informed. 

17 If the information the State requires to be made 

18 available to the woman is truthful and not mis19 leading, the requirement may be permissible.’’ 

20 (Opinion of O’Connor, Kennedy, and Souter, 

21 Planned Parenthood v. Casey, 505 U.S. 833, 882 

22 (1992)). 

23 (10) Further, recent research, taking into ac24 count 22 studies with control groups and more than 

25 877,000 women over a 14-year period, finds that 


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1 women who have had an abortion have an 81 per2 cent increased risk for mental health problems and 

3 10 percent of the mental health problems of women 

4 who have had an abortion are directly attributed to 

5 abortion. 

6 SEC. 3. AMENDMENT TO THE PUBLIC HEALTH SERVICE 

7 ACT. 

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

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

10 ‘‘TITLE XXXIV—INFORMED 

11 CONSENT 

12 ‘‘SEC. 3401. DEFINITIONS. 

13 ‘‘In this title: 

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

15 the intentional use or prescription of any instru16 ment, medicine, drug, or any other substance, de17 vice, or method to terminate the life of an unborn 

18 child, or to terminate the pregnancy of a woman 

19 known to be pregnant, with an intention other 

20 than— 

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

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

23 or 

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

25 remove a dead unborn child who died as the reVerDate Mar 15 2010 22:37 Oct 11, 2011 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3130.IH H3130

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1 sult of a spontaneous abortion, accidental trau2 ma, or a criminal assault on the pregnant fe3 male or her unborn child. 

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

5 provider’ means any person legally qualified to per6 form an abortion under applicable Federal and State 

7 laws. 

8 ‘‘(3) CERTIFIED TECHNICIAN.—The term ‘cer9 tified technician’ means— 

10 ‘‘(A) a registered diagnostic medical 

11 sonographer who is certified in obstetrics and 

12 gynecology by the American Registry for Diag13 nostic Medical Sonography (ARDMS); or 

14 ‘‘(B) a nurse midwife, or an advanced 

15 practice nurse practitioner in obstetrics, with 

16 certification in obstetrical ultrasonography. 

17 ‘‘(4) EMBRYONIC OR FETAL HEARTBEAT.—The 

18 term ‘embryonic or fetal heartbeat’ means embryonic 

19 or fetal cardiac activity or the steady and repetitive 

20 rhythmic contraction of the embryonic or fetal heart. 

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

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

23 stage of development prior to birth. 

24 ‘‘(6) UNEMANCIPATED MINOR.—The term 

25 ‘unemancipated minor’ means a minor who is subVerDate Mar 15 2010 00:05 Oct 12, 2011 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3130.IH H3130

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1 ject to the control, authority, and supervision of his 

2 or her parents or guardians, as determined under 

3 the law of the State in which the minor resides. 

4 ‘‘(7) 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.— 

14 ‘‘(1) REQUIREMENT.—Prior to a woman giving 

15 informed consent to having any part of an abortion 

16 performed, the abortion provider who is to perform 

17 the abortion, a certified technician, or another agent 

18 of the abortion provider who is competent in 

19 ultrasonography shall— 

20 ‘‘(A) perform an obstetric ultrasound on 

21 the pregnant woman; 

22 ‘‘(B) during the performance of the 

23 ultrasound, display the ultrasound images (as 

24 described in paragraph (2)) so that the preg25 nant woman may view the images; and 


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

2 ultrasound images of the unborn child’s cardiac 

3 activity, if present and viewable. 

4 ‘‘(2) QUALITY OF ULTRASOUND IMAGES.—To 

5 be displayed in accordance with paragraph (1)(B), 

6 ultrasound images shall— 

7 ‘‘(A) be of a quality consistent with stand8 ard medical practice; 

9 ‘‘(B) contain the dimensions of the unborn 

10 child; and 

11 ‘‘(C) accurately portray the presence of ex12 ternal members and internal organs, if present. 

13 ‘‘(3) ABILITY TO AVERT EYES.—Nothing in this 

14 section shall be construed to prevent a pregnant 

15 woman from closing or averting her eyes from the 

16 ultrasound images required to be displayed, or not 

17 listening to the description of the images required to 

18 be given, by the provider or the provider’s agent 

19 pursuant to paragraph (1). 

20 ‘‘(c) AUDIBLE EMBRYONIC OR FETAL HEART21 BEAT.— 

22 ‘‘(1) REQUIREMENT.—Prior to a woman giving 

23 informed consent to having any part of an abortion 

24 performed, if the pregnancy is at least 8 weeks after 

25 fertilization (10 weeks from the first day of the last 


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1 menstrual period), the abortion provider who is to 

2 perform the abortion, a certified technician, or an3 other agent of the abortion provider shall, using a 

4 hand-held Doppler fetal monitor, make the embry5 onic or fetal heartbeat of the unborn child audible 

6 for the pregnant woman to hear. 

7 ‘‘(2) UNSUCCESSFUL ATTEMPTS AT DETECTING

8 HEARTBEAT.—An abortion provider, a certified tech9 nician, or another agent of the abortion provider 

10 shall not be in violation of paragraph (1) if— 

11 ‘‘(A) the provider, certified technician, or 

12 agent has attempted, consistent with standard 

13 medical practice, to make the embryonic or fetal 

14 heartbeat of the unborn child audible for the 

15 pregnant woman to hear using a hand-held 

16 Doppler fetal monitor; 

17 ‘‘(B) that attempt does not result in the 

18 heartbeat being made audible; and 

19 ‘‘(C) the provider has offered to attempt to 

20 make the heartbeat audible at a subsequent 

21 date. 

22 ‘‘(3) ABILITY TO NOT LISTEN.—Nothing in this 

23 section shall be construed to prevent the pregnant 

24 woman from not listening to the sounds detected by 


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1 the hand-held Doppler fetal monitor, pursuant to 

2 paragraph (1). 

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

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

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

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

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

8 or physical injury, including a life-endangering physical 

9 condition caused by or arising from the pregnancy itself. 

10 ‘‘(b) CERTIFICATION.— 

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

12 an abortion provider under subsection (a) that an 

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

14 such provider shall certify the specific medical condi15 tions that support such determination and include 

16 such certification in the medical file of the pregnant 

17 woman. 

18 ‘‘(2) FALSE STATEMENTS.—An abortion pro19 vider who knowingly or recklessly falsifies a certifi20 cation under paragraph (1) is deemed to have know21 ingly or recklessly failed to comply with this title for 

22 purposes of section 3404. 

23 ‘‘SEC. 3404. PENALTIES. 

24 ‘‘(a) IN GENERAL.—An abortion provider who know25 ingly or recklessly fails to comply with any provision of 


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1 this title shall be subject to civil penalties in accordance 

2 with this section in an appropriate Federal court. 

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

4 General may commence a civil action under this section. 

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

6 that a respondent in an action commenced under this sec7 tion has knowingly or recklessly violated a provision of this 

8 title, the court shall notify the appropriate State medical 

9 licensing authority and shall assess a civil penalty against 

10 the respondent in an amount not to exceed $100,000 for 

11 each such violation. 

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

13 a finding by a court that the respondent in an action com14 menced under this section has knowingly or recklessly vio15 lated a provision of this title, the court shall notify the 

16 appropriate State medical licensing authority and shall as17 sess a civil penalty against the respondent in an amount 

18 not to exceed $250,000 for each such violation if the re19 spondent has been found in a prior civil action to have 

20 knowingly or recklessly committed another violation of a 

21 provision of this title. 

22 ‘‘(e) PRIVATE RIGHT OF ACTION.—A woman upon 

23 whom an abortion has been performed in violation of this 

24 title, or the parent or legal guardian of such a woman if 

25 she is an unemancipated minor, may commence a civil acVerDate Mar 15 2010 22:37 Oct 11, 2011 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H3130.IH H3130

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1 tion against the abortion provider for any knowing or reck2 less violation of this title for actual and punitive dam3 ages.’’. 

4 SEC. 4. PREEMPTION. 

5 Nothing in this Act or the amendments made by this 

6 Act shall be construed to preempt any provision of State 

7 law to the extent that such State law establishes, imple8 ments, or continues in effect greater disclosure require9 ments regarding abortion than those provided under this 

10 Act and the amendments made by this Act. 

11 SEC. 5. SEVERABILITY. 

12 If any provision of this Act, an amendment by this 

13 Act, or the application of such provision or amendment 

14 to any person or circumstance is held to be unconstitu15 tional, the remainder of this Act and the amendments 

16 made by this Act, and the application of the provisions 

17 of such remainder to any person or circumstance, shall 

18 not be affected thereby. 

Æ 


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