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SECTION 1. SHORT TITLE.

This Act may be cited as the ''Ultrasound Informed Consent Act''.

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 XXX--INFORMED CONSENT

''SEC. 3001. DEFINITIONS.

''In this title:
''(1) Abortion.--The term 'abortion' means the intentional
use or prescription of any instrument, medicine, drug, or any
other substance or device or method to terminate the life of an
unborn child, or to terminate the pregnancy of a woman known to
be pregnant 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 result of a
spontaneous abortion, accidental trauma, or a criminal
assault on the pregnant female or her unborn child.
''(2) Abortion provider.--The term 'abortion provider'
means any person legally qualified to perform an abortion under
applicable Federal and State laws.
''(3) Unborn child.--The term 'unborn child' means a member
of the species homo sapiens, at any stage of development prior
to birth.
''(4) Woman.--The term 'woman' means a female human being
whether or not she has reached the age of majority.

''SEC. 3002. REQUIREMENT OF INFORMED CONSENT.

''(a) Requirement of Compliance by Providers.--Any abortion
provider in or affecting interstate or foreign commerce, who knowingly
performs any abortion, shall comply with the requirements of this
title.
''(b) Performance and Review of Ultrasound.--Prior to a woman
giving informed consent to having any part of an abortion performed,
the physician who is to perform the abortion, or certified technician
working in conjunction with the physician, shall--
''(1) perform an obstetric ultrasound on the pregnant
woman;
''(2) provide an explanation of the results of the
ultrasound;
''(3) display the ultrasound images so that the pregnant
woman may view them; and
''(4) provide a medical description of the ultrasound
images, which shall include the dimensions of the embryo or
fetus and the presence of external members and internal organs,
if present and viewable.
''(c) No Requirement To View Ultrasound Images.--Nothing in this
section shall be construed to require a woman to view the ultrasound
images. Neither the physician nor the woman shall be subject to any
penalty if she refuses to look at the presented ultrasound images.

''SEC. 3003. EXCEPTION FOR MEDICAL EMERGENCIES.

''(a) In General.--The provisions of section 3002 shall not apply
to an abortion provider or facility in the case of a medical emergency.
''(b) Medical Emergency Defined.--
''(1) In general.--In subsection (a), the term 'medical
emergency' means a condition which, in the reasonable medical
judgment of the abortion provider, so complicates the medical
condition of the pregnant woman that a delay in commencing an
abortion procedure would impose a serious risk of causing grave
and irreversible physical health damage entailing substantial
impairment of a major bodily function, not including any
psychological or emotional condition or function.
''(2) Reasonable medical judgment.--In paragraph (1), the
term 'reasonable medical judgment' means a medical judgment
that would be made by a reasonably prudent physician,
knowledgeable about the case and the treatment possibilities
with respect to the medical conditions involved.
''(c) Certification.--
''(1) In general.--Upon a determination by an abortion
provider under subsection (a) that a medical emergency exists
with respect to a pregnant woman, such provider shall certify
the specific medical conditions that constitute the emergency
and include such certification in the medical file of the
pregnant woman.
''(2) False statements.--An abortion provider who willfully
falsifies a certification under paragraph (1) shall be subject
to all the penalties provided for under section 3004 for
failure to comply with this title.

''SEC. 3004. PENALTIES FOR FAILURE TO COMPLY.

''(a) In General.--An abortion provider who willfully fails to
comply with the provisions of this title shall be subject to civil
penalties in accordance with this section in an appropriate Federal
court.
''(b) Commencement of Action.--The Attorney General may commence a
civil action under this section.
''(c) First Offense.--Upon a finding by a court that a respondent
in an action commenced under this section has knowingly violated a
provision of this title, the court shall notify the appropriate State
medical licensing authority and shall assess a civil penalty against
the respondent in an amount not to exceed $100,000.
''(d) Second and Subsequent Offenses.--Upon a finding by a court
that the respondent in an action commenced under this section has
knowingly violated a provision of this title and the respondent has
been found to have knowingly violated a provision of this title on a
prior occasion, the court shall notify the appropriate State medical
licensing authority and shall assess a civil penalty against the
respondent in an amount not to exceed $250,000.
''(e) Private Right of Action.--A pregnant woman upon whom an
abortion has been performed in violation of this title, or the parent
or legal guardian of such a woman if she is an unemancipated minor, may
commence a civil action against the abortion provider for any willful
violation of this title for actual and punitive damages.''.

SEC. 3. 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, implements, or continues in effect greater
disclosure requirements regarding abortion than those provided under
this Act and the amendments made by this Act.

SEC. 4. SEVERABILITY.

The provisions of this Act shall be severable. If any provision of
this Act, or any application thereof, is found unconstitutional, that
finding shall not affect any provision or application of the Act not so
adjudicated.
Ultrasound Informed Consent Act - Amends the Public Health Service Act to require abortion providers, before a woman gives informed consent to any part of an abortion, to perform an obstetric ultrasound on the pregnant woman, explain the results, display the ultrasound images so the woman may view them, and provide a medical description of the ultrasound images, including the dimensions of the embryo or fetus and the presence of external members and internal organs, if present and viewable. Provides for: (1) civil penalties for willful failure to comply; and (2) a medical emergency exception.

Prohibits construing this Act to require a woman to view the images or penalizing the physician or the women if she refuses to look at the images.