HR 48 — Ultrasound Informed Consent Act

Summary

This bill establishes federal requirements for informed consent procedures before abortion. Abortion providers would be required to perform an ultrasound, explain what the images show, and display the images so the pregnant woman can view them, along with providing medical details about fetal dimensions, cardiac activity if present, and any visible organs or external members. Women would retain the ability to decline to view the displayed images without penalty. The bill includes an exception for medical emergencies where abortion is necessary to save the mother's life and establishes civil penalties up to $100,000 for first violations and $250,000 for subsequent violations, with a private right of action for women to sue for violations.

AI-generated plain-language summary of the bill text — neutral, and may be imperfect. See the full text below for the exact wording.

Sponsor (1)

Rep. Biggs, Andy [R-AZ-5] (R-AZ)

3 cosponsors

Money behind the sponsor

Top reported contributors to Andy Biggs’s campaign committee (2024 cycle) — who funds the bill’s sponsor, not a claim about this bill. Data from FEC.

SAULSBURY INDUSTRIES $9,900
21ST CENTURY HEALTHCARE $7,500
ULINE $6,600
TW LEWIS COMPANY $6,600
LEE BENSON $6,600

Organizations whose employees gave the most — itemized individual contributions grouped by the donor’s reported employer (FEC Schedule A). Full finance for Andy Biggs → · Outside spending →

Actions (2)

Jan 3, 2025 Referred to the House Committee on Energy and Commerce. · house
Jan 3, 2025 Introduced in House

More bills on these subjects (8)

Other bills that carry the most legislative subjects in common with this one (topical discovery — distinct from the procedural related bills above).

Similar bills (6)

Bills with similar text or summary — includes reintroductions across Congresses. Ranked by semantic similarity of the bill text (computed locally); a neutral discovery aid, not a claim the bills are duplicates.

Text versions (1)

Introduced in House · Jan 3, 2025

Only one text version is on file, so there’s no earlier version to compare against yet.

Full text

IN THE HOUSE OF REPRESENTATIVES

January 3, 2025

Mr. Biggs of Arizona (for himself, Mr. Crenshaw, and Mr. Burlison) introduced the following bill; which was referred to the Committee on Energy and Commerce

A BILL

To amend the Public Health Service Act 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 Representatives of the United States of America in Congress assembled,

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 XXXIV—INFORMED CONSENT

“SEC. 3401. DEFINITIONS.

“In this title:

“(1) Abortion.—The term ‘abortion’ means the intentional use or prescription of any instrument, medicine, drug, substance, 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) Unemancipated minor.—The term ‘unemancipated minor’ means a minor who is subject 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 female human being whether or not she has reached the age of majority.

“SEC. 3402. 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 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;

“(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—

“(A) the dimensions of the embryo or fetus;

“(B) cardiac activity if present and visible; and

“(C) the presence 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. Neither 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 images.

“SEC. 3403. 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 endangered 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 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. 3404. 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 proceeding 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 licensing 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 provider for any violation of this title for actual and punitive damages. For purposes of the preceding sentence, actual damages are objectively verifiable money damages for all injuries.”.

SEC. 3. PREEMPTION.

Nothing in this Act or the amendment 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 disclosure requirements regarding abortion or penalties for failure to comply with such requirements that are more extensive than those provided under the amendment made by this Act.

SEC. 4. SEVERABILITY.

If any provision of this Act or the amendment made by this Act, or any application thereof, is found to be unconstitutional, the remainder of this Act and the amendment made by this Act, and any application thereof, shall not be affected by such finding. <all>

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