[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2075 Introduced in Senate (IS)]







110th CONGRESS
  1st Session
                                S. 2075

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

                           September 20, 2007

Mr. Brownback (for himself, Mr. Martinez, Mr. Coleman, Mr. Vitter, Mr. 
 Inhofe, and Mr. Thune) 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.

    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 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.
                                 <all>