I 
115TH CONGRESS 
2D SESSION 
H. R. 4844 
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 19, 2018 
Mr. DUNCAN of South Carolina (for himself, Mr. ROE of Tennessee, Mr. 
PEARCE, Mr. JONES, Mr. RUSSELL, Mr. LONG, Mr. NORMAN, Mr. CUL-
BERSON, Mr. FLORES, Mr. LATTA, Mr. JODY B. HICE of Georgia, Mr. 
BUCK, Mr. BIGGS, Mr. KELLY of Mississippi, and Mr. PERRY) 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Ultrasound Informed 
Consent Act’’. 
VerDate Sep 11 2014 
00:03 Jan 21, 2018
Jkt 079200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H4844.IH
H4844
dlhill on DSK3GLQ082PROD with BILLS
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 instru-
ment, medicine, drug, substance, device, or method 
to terminate the life of an unborn child, or to termi-
nate the pregnancy of a woman known to be preg-
nant, 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 re-
sult of a spontaneous abortion, accidental trau-
ma, or a criminal assault on the pregnant fe-
male or her unborn child. 
‘‘(2) ABORTION PROVIDER.—The term ‘abortion 
provider’ means any person legally qualified to per-
form an abortion under applicable Federal and State 
laws. 
VerDate Sep 11 2014 
00:03 Jan 21, 2018
Jkt 079200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H4844.IH
H4844
dlhill on DSK3GLQ082PROD with BILLS
‘‘(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 sub-
ject 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 fe-
male human being whether or not she has reached 
the age of majority.’’. 
SEC. 3. REQUIREMENT OF INFORMED CONSENT. 
‘‘(a) REQUIREMENT
OF
COMPLIANCE
BY
PRO-
VIDERS.—Any abortion provider in or affecting interstate 
or foreign commerce, who knowingly performs any abor-
tion, shall comply with the requirements of this title. 
‘‘(b) 
PERFORMANCE
AND
REVIEW
OF 
ULTRASOUND.—Prior to a woman giving informed con-
sent 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; 
VerDate Sep 11 2014 
00:03 Jan 21, 2018
Jkt 079200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H4844.IH
H4844
dlhill on DSK3GLQ082PROD with BILLS
‘‘(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 all of the 
following: the dimensions of the embryo or fetus, 
cardiac activity if present and visible, and the pres-
ence 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. Nei-
ther 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 im-
ages.’’. 
SEC. 4. 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 endan-
gered 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 
VerDate Sep 11 2014 
00:03 Jan 21, 2018
Jkt 079200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H4844.IH
H4844
dlhill on DSK3GLQ082PROD with BILLS
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. 5. 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 pro-
ceeding 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 li-
censing 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 pro-
vider for any violation of this title for actual and punitive 
VerDate Sep 11 2014 
00:03 Jan 21, 2018
Jkt 079200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H4844.IH
H4844
dlhill on DSK3GLQ082PROD with BILLS
damages. For purposes of the preceding sentence, actual 
damages are objectively verifiable money damages for all 
injuries.’’. 
SEC. 6. PREEMPTION. 
Nothing in this Act or the amendments made by this 
Act shall be construed to preempt any provision of State 
law to the extent that such State law establishes, imple-
ments, or continues in effect disclosure requirements re-
garding abortion or penalties for failure to comply with 
such requirements that are more extensive than those pro-
vided under the amendment made by this Act. 
SEC. 7. SEVERABILITY. 
If any provision of this Act, or any application there-
of, is found to be unconstitutional, the remainder of this 
Act and any application thereof shall not be affected by 
such finding. 
Æ 
VerDate Sep 11 2014 
00:03 Jan 21, 2018
Jkt 079200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6301
E:\BILLS\H4844.IH
H4844
dlhill on DSK3GLQ082PROD with BILLS