119-hr797

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 797 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 797

 To ensure that women seeking an abortion are notified, before giving 
 informed consent to receive an abortion, of the medical risks 
 associated with the abortion procedure and the major developmental 
 characteristics of the unborn child.

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 January 28, 2025

 Mrs. Miller of Illinois (for herself, Mr. Babin, Mr. Finstad, Mr. 
 Rutherford, Mr. Moore of Alabama, Mr. Moore of West Virginia, Mr. 
 Ogles, Mr. Webster of Florida, Ms. Tenney, Mr. Self, Mr. Harris of 
Maryland, and Mr. Weber of Texas) introduced the following bill; which 
 was referred to the Committee on Energy and Commerce

_______________________________________________________________________

 A BILL

 To ensure that women seeking an abortion are notified, before giving 
 informed consent to receive an abortion, of the medical risks 
 associated with the abortion procedure and the major developmental 
 characteristics of the unborn child.

 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 ``Ultrasounds Save Lives Act of 
2025''.

SEC. 2. REQUIREMENT OF INFORMED CONSENT.

    (a) In General.--

    (1) Requirement of compliance by providers.--Any abortion 
 provider, acting in or affecting interstate or foreign 
 commerce, who knowingly performs, or attempts to perform, any 
 abortion shall comply with the requirements of this section.

    (2) Review of medical risks and unborn health status.--
 Except in the case of a medical emergency, an abortion provider 
 who intends to perform, or attempt to perform, an abortion may 
 not perform any part of the abortion procedure without first--
        (A) performing an ultrasound on the woman seeking 
 the abortion, using whichever method the physician and 
 patient agree is best under the circumstance, and 
 sharing the results of such ultrasound with the woman; 
 and
        (B) obtaining a signed Informed Consent 
 Authorization form in accordance with this subsection.

    (3) Informed consent authorization form.--
        (A) In general.--The Informed Consent Authorization 
 form required under this subsection shall--
            (i) be presented in person by the abortion 
 provider 24 hours prior to performing, or 
 attempting to perform, the abortion to the 
 woman seeking the abortion; and
            (ii) consist of--
            (I) a statement by the abortion 
 provider indicating--

    (aa) the probable 
 gestational age, in completed 
 days, of the child;

    (bb) all medical risks 
 associated with abortion-
 inducing drugs or the specific 
 abortion procedure; and
            (cc) the major 
 developmental characteristics 
 of unborn children at such 
 gestational age, including the 
 presence of a heartbeat, the 
 ability to react to painful 
 stimuli, and the development of 
 organs, appendages, and facial 
 features;
            (II) a statement by the abortion 
 provider that an ultrasound has been 
 performed, and the results of such 
 ultrasound have been shared, as 
 required by paragraph

    (2)
        (A) ;
            (III) a statement that the 
 requirements of this subsection are 
 binding upon the abortion provider and 
 all other medical personnel, that such 
 abortion providers and medical 
 personnel are subject to criminal and 
 civil penalties for violations of these 
 requirements, and that a woman on whom 
 an abortion has been performed may take 
 civil action if these requirements are 
 not followed; and
            (IV) an affirmation that each 
 individual signing the Informed Consent 
 Authorization form has filled out the 
 form to the best of his or her 
 knowledge and understands the 
 information contained in the form.
        (B) Signatories required.--The Informed Consent 
 Authorization form required under this subsection shall 
 be signed in person by the woman seeking the abortion, 
 the abortion provider performing or attempting to 
 perform the abortion, and a witness.
            (C) Retention of consent form.--The abortion 
 provider performing or attempting to perform an 
 abortion shall retain the signed Informed Consent 
 Authorization form required under this subsection in 
 the patient's medical file.
            (D) Requirement for data retention.--Paragraph

    (j)

    (2) of 

section 164.530 of title 45, Code of Federal 
 Regulations, shall apply to the Informed Consent 
 Authorization form required to be placed in a patient's 
 medical file pursuant to subparagraph
            (C) in the same 
 manner and to the same extent as such paragraph applies 
 to documentation required by paragraph

    (j)

    (1) of such 
 section.

    (4) Exceptions.--The requirements of this subsection shall 
 not apply if, in reasonable medical judgment, compliance with 
 paragraph

    (2) would pose a greater risk of--
        (A) the death of the pregnant woman; or
        (B) the substantial and irreversible physical 
 impairment of a major bodily function, not including 
 psychological or emotional conditions, of the pregnant 
 woman.

    (b) Penalty for Failure To Comply.--

    (1) Civil penalty.--
        (A) Enforcement by attorney general.--The Attorney 
 General shall commence a civil action in an appropriate 
 district court of the United States under this 
 subsection against any abortion provider who knowingly 
 commits a violation of subsection

    (a) .
        (B) Penalty.--In a civil action under subparagraph
        (A) , the court may, to vindicate the public interest, 
 assess a civil penalty against the abortion provider in 
 an amount--
            (i) not less than $100,000 and not more 
 than $150,000, for each such violation that is 
 adjudicated in the first proceeding against 
 such abortion provider under this subsection; 
 or
            (ii) not less than $150,001 and not more 
 than $250,000, for each such violation that is 
 adjudicated in a subsequent proceeding against 
 such abortion provider under this subsection.
            (C) Notification.--Upon the assessment of a civil 
 penalty under subparagraph
        (B) , the Attorney General 
 shall notify the appropriate State medical licensing 
 authority.
            (D) No penalties for pregnant women.--A pregnant 
 woman shall not be subject to any penalty under this 
 section.

    (2) Private right of action.--
        (A) In general.--A woman or a parent of a minor 
 upon whom an abortion has been performed in violation 
 of subsection

    (a) may commence a civil action against 
 the abortion provider for appropriate relief.
        (B) Appropriate relief.--
            (i) In general.--Subject to clause
            (ii) , 
 appropriate relief in a civil action under this 
 paragraph includes--
            (I) objectively verifiable money 
 damages for all injuries, psychological 
 and physical, occasioned by the 
 violation;
            (II) statutory damages equal to 3 
 times the cost of the abortion; and
            (III) punitive damages.
            (ii) Exception.--No damages may be awarded 
 to a plaintiff in a civil action under this 
 paragraph if the pregnancy in relation to which 
 an abortion was performed in violation of 
 subsection

    (a) resulted from the plaintiff's 
 criminal conduct.
            (C) Attorney's fees for plaintiff.--The court shall 
 award a reasonable attorney's fee as part of the costs 
 to a prevailing plaintiff in a civil action under this 
 paragraph.
            (D) Attorney's fees for defendant.--If a defendant 
 in a civil action under this paragraph prevails and the 
 court finds that the plaintiff's suit was frivolous, 
 the court shall award a reasonable attorney's fee in 
 favor of the defendant against the plaintiff.
        (E) Awards against woman.--In any civil action 
 under this paragraph, no damages or other monetary 
 relief, and no attorney's fees except as provided under 
 subparagraph
            (D) , may be assessed against the woman 
 upon whom the abortion was performed or attempted.
            (c) Preemption.--Nothing in this section 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 this 
section.
            (d) Rule of Construction.--Nothing in this section shall be 
construed to prohibit an abortion provider from presenting the 
information required under subsection

    (a) to a pregnant woman at the 
same time as acquiring informed consent for an abortion from such woman 
in accordance with State law, provided that the presentation of such 
information occurs at least 24 hours before the abortion.

    (e) 

=== Definitions. ===
-In this section:

    (1) Abortion.--The term ``abortion'' means the use or 
 prescription of any instrument, medicine, drug, or any other 
 substance or device--
        (A) to intentionally kill the unborn child of a 
 woman known to be pregnant; or
        (B) to intentionally terminate the pregnancy of a 
 woman known to be pregnant, with an intention other 
 than--
            (i) after viability to produce a live birth 
 and preserve the life and health of the child 
 born alive; or
            (ii) to remove a dead unborn child.

    (2) Abortion provider.--The term ``abortion provider'' 
 means a person--
        (A) licensed to practice medicine and surgery or 
 osteopathic medicine and surgery; or
        (B) otherwise legally authorized to perform an 
 abortion.

    (3) Attempt.--The term ``attempt'', with respect to an 
 abortion, means conduct that, under the circumstances as the 
 actor believes them to be, constitutes a substantial step in a 
 course of conduct planned to culminate in performing an 
 abortion.

    (4) Minor.--The term ``minor'' means an individual who has 
 not attained the age of 18 years.

    (5) Perform.--The term ``perform'', with respect to an 
 abortion, includes inducing an abortion through a medical or 
 chemical intervention including writing a prescription for a 
 drug or device intended to result in an abortion.

    (6) Reasonable medical judgment.--The term ``reasonable 
 medical judgment'' means a medical judgment that would be made 
 by a reasonably prudent abortion provider, knowledgeable about 
 the case and the treatment possibilities with respect to the 
 medical conditions involved.

    (7) Unborn child.--The term ``unborn child'' means an 
 individual organism of the species homo sapiens, beginning at 
 fertilization, until the point of being born alive as defined 
 in 

section 8

    (b) of title 1, United States Code.

    (8) Woman.--The term ``woman'' means a female human being 
 whether or not she has reached the age of majority.
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