I 

118TH CONGRESS 

2D SESSION H. R. 8855 

To amend title 18, United States Code, to protect unborn children. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 27, 2024 

Mr. GOOD of Virginia (for himself, Mr. LAMBORN, Mr. DUNCAN, and Mr. 

ROSENDALE) introduced the following bill; which was referred to the 

Committee on Energy and Commerce, and in addition to the Committees 

on the Judiciary, Natural Resources, Ways and Means, and Oversight 

and Accountability, for a period to be subsequently determined by the 

Speaker, in each case for consideration of such provisions as fall within 

the jurisdiction of the committee concerned 

A BILL 

To amend title 18, United States Code, to protect unborn 

children. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. LEGISLATIVE FINDINGS AND DECLARATION OF 

4 CONSTITUTIONAL AUTHORITY FOR ENACT5 MENT. 

6 (a) FINDINGS.—Congress finds the following: 


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1 (1) The dignity of every human life is reflected 

2 in our Nation’s founding principles, ‘‘Life, Liberty 

3 and the Pursuit of Happiness’’. 

4 (2) Abortion ends the life of a person entitled 

5 to rights under the Constitution and the laws of this 

6 Nation. Since the 1973 decision of Roe v. Wade, 

7 over 60,000,000 abortions have ended the lives of 

8 unborn children. Unborn children are among the 

9 most vulnerable and deserve full and equal protec10 tion of the law. 

11 (3) Congress exercised its authority under the 

12 Commerce Clause when it enacted the Partial-Birth 

13 Abortion Ban Act of 2003 and has used that author14 ity to enact other criminal statutes, such as the pro15 hibition on female genital mutilation (18 U.S.C. 

16 116). 

17 (4) The Supreme Court has broadly interpreted 

18 Congress’ power to regulate interstate commerce, 

19 holding that it applies to activities with a substantial 

20 economic effect or that, cumulatively, affect com21 merce. See, e.g., NLRB v. Jones & Laughlin Steel 

22 Corp., 301 U.S. 1 (1937); United States v. Darby, 

23 312 U.S. 657 (1941); and Wickard v. Filburn, 317 

24 U.S. 111 (1942). 


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1 (5) Abortion often involves commercial activity 

2 between states and across foreign borders. This in3 cludes the manufacturing and distribution of drugs 

4 that cause abortion and the use of equipment, in5 struments, and other supplies that have traveled in 

6 interstate commerce to perform surgical abortions. 

7 See, e.g., Scarborough v. United States, 431 U.S. 

8 563 (1977). 

9 (6) Article I, section 8, clause 1 of the Con10 stitution grants Congress broad spending powers, 

11 which Congress may attach conditions to: ‘‘The Con12 gress shall have Power To lay and collect Taxes, Du13 ties, Imposts and Excises, to pay the Debts and pro14 vide for the common Defense and general Welfare of 

15 the United States’’. Furthermore, in clause 18 Con16 gress can ‘‘make all Laws which shall be necessary 

17 and proper for carrying into Executive the foregoing 

18 Powers . . .’’. The Supreme Court has upheld this 

19 generally in cases like South Dakota v. Dole and in 

20 regard to abortion in Harris v. McRae. 

21 (7) Through the decision in Dobbs v. Jackson 

22 Women’s Health Organization, handed down in June 

23 2022, the Supreme Court has redressed and cor24 rected the grave injustice which for 50 years had 

25 been perpetuated by their decisions in Roe v. Wade, 


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1 Doe v. Bolton, and Planned Parenthood v. Casey, al2 lowing Congress and State legislators to enact legis3 lation to limit abortion as the legislators see fit. The 

4 Court declared that ‘‘the Constitution does not con5 fer a right to abortion’’ (Dobbs v. Jackson Women’s 

6 Health Org., 142 S. Ct. 2228, 2234 (2022)). 

7 (8) The Supreme Court has held that ‘‘[i]t is 

8 time to heed the Constitution and return the issue 

9 of abortion to the people’s elected representatives’’ 

10 (Dobbs v. Jackson Women’s Health Organization, 

11 142 S. Ct. 2228, 2243 (2022)). 

12 (9) The Supreme Court has also held that ‘‘[a] 

13 law regulating abortion, like other health and wel14 fare laws, is entitled to a ‘strong presumption of va15 lidity.’ . . . It must be sustained if there is a rational 

16 basis on which the legislature could have thought 

17 that it would serve legitimate State interests . . . 

18 These legitimate interests include respect for and 

19 preservation of prenatal life at all stages of develop20 ment . . . ; the protection of maternal health and 

21 safety; the elimination of particularly gruesome or 

22 barbaric medical procedures; the preservation of the 

23 integrity of the medical profession; the mitigation of 

24 fetal pain; and the prevention of discrimination on 

25 the basis of race, sex, or disability.’’ (Dobbs v. JackVerDate Sep 11 2014 22:08 Aug 09, 2024 Jkt 049200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H8855.IH H8855

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1 son Women’s Health Organization, 142 S. Ct. at 

2 2239). 

3 (10) Medical and other authorities now know 

4 more about human prenatal development than ever 

5 before, including that life begins at the moment of 

6 conception and the child in a woman’s womb is a 

7 human being. 

8 (11) Even if there exists some degree of uncer9 tainty about an aspect of prenatal development, the 

10 Supreme Court has held that Congress and State 

11 legislatures retain ‘‘wide discretion to pass legisla12 tion’’ (Gonzales v. Carhart, 550 U.S. at 163). ‘‘The 

13 law need not give abortion doctors unfettered choice 

14 in the course of their medical practice, nor should it 

15 elevate their status above other physicians in the 

16 medical community’’ (Gonzales v. Carhart, 550 U.S. 

17 at 163). ‘‘Medical uncertainty does not foreclose the 

18 exercise of legislative power in the abortion context 

19 any more than it does in other contexts’’ (Gonzales 

20 v. Carhart, 550 U.S. at 164). 

21 (12) Scientific evidence and personal testi22 monies document the massive harm that abortion 

23 causes to women. Abortion heightens the risk of 

24 mental health issues with studies showing that after 

25 an abortion women are 34 percent more likely to deVerDate Sep 11 2014 22:08 Aug 09, 2024 Jkt 049200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H8855.IH H8855

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1 velop anxiety disorders, 37 percent more likely to de2 velop depression, 110 percent more likely to rely on 

3 alcohol use or abuse, 115 percent more likely to de4 velop suicidal behavior, and 220 percent more likely 

5 to take on marijuana use or abuse. As many as 60 

6 percent of women having an abortion experience 

7 some level of emotional distress afterwards, with 30 

8 percent being classified as severe distress. Abortion 

9 also includes risks to physical health such as heavy 

10 or persistent bleeding, damage to cervix, abdominal 

11 pain or cramping, scarring of uterine lining, breast 

12 cancer, future premature births or miscarriages, in13 fection or sepsis, placenta previa, perforation of 

14 uterus, damage to other organs, and even death. 

15 (13) More than 50 percent of abortions nation16 wide are committed by chemical abortion. Many of 

17 these abortions are obtained through telehealth visits 

18 and without the supervision of a licensed medical 

19 care professional. 

20 (14) Every State has enacted a ‘‘safe haven’’ 

21 law, relieving the responsibility of childcare for par22 ents who do not wish to care for a child. 

23 (15) Public attitudes favoring adoption have 

24 created a culture of adoption in the United States, 


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1 with many families waiting long periods of time to 

2 adopt newborn infants. 

3 (16) Abortion disproportionately affects minor4 ity communities. Black babies are 3.4 times more 

5 likely to be aborted as White babies. An estimated 

6 19,000,000 Black babies have been killed by abor7 tion since 1973. Minorities have been the unwitting 

8 victims of a hidden racist agenda of the abortion in9 dustry for over 50 years. 

10 (b) PURPOSE.—It is the intent of this Act to ensure 

11 that abortion is abolished and to protect the lives of un12 born children. 

13 SEC. 2. PROHIBITION AGAINST CERTAIN ABORTION MEAS14 URES. 

15 (a) IN GENERAL.—Chapter 74 of title 18, United 

16 States Code, is amended by amending section 1531 to 

17 read as follows: 

18 ‘‘§ 1531. Prohibition against certain abortion meas19 ures 

20 ‘‘(a) CRIMINAL OFFENSE.—Notwithstanding any 

21 other provision of law, a licensed physician who— 

22 ‘‘(1) in the circumstances described in sub23 section (d), intentionally performs or attempts to 

24 perform an abortion at any point after fertilization; 

25 or 


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1 ‘‘(2) receives any Federal funds under any cov2 ered program that intentionally performs or at3 tempts to perform an abortion at any point after 

4 fertilization, 

5 ‘‘ ‘shall be guilty of a class D felony.’. 

6 ‘‘(b) CIVIL REMEDIES.— 

7 ‘‘(1) WITHOUT CONSENT.—A woman upon 

8 whom an abortion was performed or attempted, 

9 without consent or that occurred under duress, 

10 fraud, or inducement, may bring in an appropriate 

11 court a civil action against the licensed physician in 

12 violation of subsection (a) to obtain appropriate re13 lief. 

14 ‘‘(2) REMEDY FOR PARENT OF A MINOR.—A 

15 parent of a minor upon whom an abortion has been 

16 performed or attempted may bring in an appropriate 

17 court a civil action against the licensed physician in 

18 violation of subsection (a) to obtain appropriate re19 lief. 

20 ‘‘(3) APPROPRIATE RELIEF DEFINED.—In this 

21 subsection, the term ‘appropriate relief’ includes— 

22 ‘‘(A) money damages for all injuries, psy23 chological and physical, occasioned by the viola24 tion of this section; 


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1 ‘‘(B) statutory damages equal to the 

2 amount that is three times the cost of the abor3 tion; 

4 ‘‘(C) punitive damages; and 

5 ‘‘(D) reasonable attorneys’ fees and costs. 

6 ‘‘(c) AFFIRMATIVE DEFENSE.—It is an affirmative 

7 defense to prosecution under this section if— 

8 ‘‘(1) a licensed physician provides medical treat9 ment to a pregnant woman which results in the acci10 dental or unintentional injury or death to an unborn 

11 child; or 

12 ‘‘(2) the abortion was performed with the pur13 pose of— 

14 ‘‘(A) saving the life of a pregnant woman 

15 whose life is endangered by a physical disorder, 

16 physical illness, or physical injury, including a 

17 life-endangering physical condition caused by or 

18 arising from the pregnancy itself, but not in19 cluding psychological or emotional conditions; 

20 ‘‘(B) removing a dead unborn child caused 

21 by miscarriage or stillbirth; or 

22 ‘‘(C) removing an ectopic pregnancy. 

23 ‘‘(d) CIRCUMSTANCES DESCRIBED.—For the pur24 poses of subsection (a), the circumstances described are 

25 that: 


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1 ‘‘(1) The licensed physician performed an abor2 tion using a means, channel, facility, or instrumen3 tality of interstate or foreign commerce in further4 ance of or in connection with the conduct described 

5 in subsection (a). 

6 ‘‘(2) A payment of any kind was made, directly 

7 or indirectly, in furtherance of or in connection with 

8 the conduct described in subsection (a) using any 

9 means, channel, facility, or instrumentality of inter10 state or foreign commerce or in or affecting inter11 state or foreign commerce. 

12 ‘‘(3) Any instrument, item, substance, or other 

13 object that has traveled in interstate or foreign com14 merce was used to perform the conduct described in 

15 subsection (a). 

16 ‘‘(4) The conduct described in subsection (a) 

17 occurred within the special maritime and territorial 

18 jurisdiction of the United States, or any territory or 

19 possession of the United States. 

20 ‘‘(5) The conduct described in subsection (a) 

21 otherwise occurred in or affected interstate or for22 eign commerce. 

23 ‘‘(6) The conduct described in subsection (a) 

24 occurred in the District of Columbia. 


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1 ‘‘(7) The conduct described in subsection (a) 

2 occurred in a health care facility owned or operated 

3 by the Federal Government. 

4 ‘‘(e) RULES OF CONSTRUCTION.— 

5 ‘‘(1) IN GENERAL.—Nothing in this section 

6 shall be construed to— 

7 ‘‘(A) authorize the criminal prosecution or 

8 conviction of a woman with the death of her 

9 own unborn child; 

10 ‘‘(B) impose civil or criminal liability on a 

11 woman upon whom an abortion is performed or 

12 attempted; 

13 ‘‘(C) prohibit the administration of 

14 misoprostol for the purposes of treatment of a 

15 miscarriage or stillbirth; or 

16 ‘‘(D) prohibit the sale, use, prescription, or 

17 administration of contraception, if the contra18 ception is sold, used, prescribed or administered 

19 in accordance with manufacturer instructions or 

20 for non-life-ending purposes. 

21 ‘‘(2) STATE LEGISLATION.—Nothing in this 

22 section shall be construed to override or enforce a 

23 greater penalty established by State law with respect 

24 to the protection of the life of an unborn child at 

25 any point after fertilization. 


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1 ‘‘(f) DEFINITIONS.—In this section: 

2 ‘‘(1) ABORTION.—The term ‘abortion’ means 

3 the act of using, prescribing, administering, pro4 curing, or selling any instrument, medicine, drug, or 

5 any other substance, device, or means with the pur6 pose to terminate a pregnancy of a woman, with 

7 knowledge that the termination by any of those 

8 means will with reasonable likelihood cause the 

9 death of the unborn child. 

10 ‘‘(2) CONTRACEPTION.—The term ‘contracep11 tion’ is a measure, drug, or chemical that prevents 

12 a pregnancy before fertilization. 

13 ‘‘(3) COVERED PROGRAM.—The term ‘covered 

14 program’ means: 

15 ‘‘(A) The program for medical assistance 

16 established under title XIX of the Social Secu17 rity Act. 

18 ‘‘(B) The State children’s health insurance 

19 program established under title XXI of the So20 cial Security Act. 

21 ‘‘(C) The Indian Health Service. 

22 ‘‘(D) The Veterans Health Administration. 

23 ‘‘(E) The TRICARE program (as such 

24 program is defined in section 1072(7) of title 

25 10). 


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1 ‘‘(F) Any project grant or contract for 

2 family planning services awarded under title X 

3 of the Public Health Services Act. 

4 ‘‘(4) FERTILIZATION.—The term ‘fertilization’ 

5 means the fusion of a human spermatozoon with a 

6 human ovum. 

7 ‘‘(5) LICENSED PHYSICIAN.—The term ‘licensed 

8 physician’ means a doctor of medicine or osteopathy 

9 legally authorized to practice medicine and surgery 

10 by the State in which the doctor performs such ac11 tivity, or any other individual legally authorized by 

12 the State to perform abortions. 

13 ‘‘(6) MISCARRIAGE.—The term ‘miscarriage’ is 

14 the spontaneous loss of pregnancy before 20 weeks 

15 of pregnancy. 

16 ‘‘(7) STILLBIRTH.—The term ‘stillbirth’ means 

17 the loss of a baby at or after 20 weeks of pregnancy. 

18 ‘‘(8) UNBORN CHILD.—The term ‘unborn child’ 

19 means an individual organism of the species Homo 

20 sapiens from fertilization until live birth.’’. 

21 (b) TABLE OF CONTENTS.—The table of contents for 

22 chapter 74 of title 18, United States Code, the item relat23 ing to section 1531 is amended to read as follows: 

‘‘1531. Prohibition against certain abortion measures.’’. 

24 (c) CHAPTER HEADING.—The header of chapter 74 

25 of title 18, United States Code, is amended by striking 


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1 ‘‘PARTIAL-BIRTH ABORTIONS’’ and inserting 

2 ‘‘ABORTIONS’’. 

3 SEC. 3. PROHIBITION OF ABORTIONS IN HEALTH PRO4 GRAMS THAT ACCEPT FEDERAL FUNDS. 

5 (a) MEDICAID.—Section 1902 of the Social Security 

6 Act (42 U.S.C. 1396a) is amended by adding at the end 

7 the following new subsection: 

8 ‘‘(uu) PROHIBITION ON STATE PLAN COVERAGE OF

9 ABORTION.—Notwithstanding subsection (b), beginning 

10 on January 1 of the second year beginning on or after 

11 the date of the enactment of this subsection, the Secretary 

12 may not approve a State plan for medical assistance under 

13 this section, and shall revoke any such plan in effect as 

14 of such date, if such State plan provides payment for abor15 tion (as such term is defined in section 1531 of title 18) 

16 furnished at any point after fertilization, except to save 

17 the life of a pregnant woman whose life is endangered by 

18 a physical disorder, physical illness, or physical injury, in19 cluding a life-endangering physical condition caused by or 

20 arising from the pregnancy itself, but not including psy21 chological or emotional conditions.’’. 

22 (b) CHILDREN’S HEALTH INSURANCE PROGRAM.— 

23 (1) IN GENERAL.—Section 2107(e)(1) of the 

24 Social Security Act (42 U.S.C. 1397gg(e)(1)) is 


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1 amended by adding at the end the following new 

2 subparagraph: 

3 ‘‘(U) Section 1902(uu) (relating to prohibi4 tion on payment for abortion).’’. 

5 (2) CONFORMING AMENDMENTS.— 

6 (A) LIMITATION ON FUNDS PROVIDED TO

7 STATE.—Section 2105(c)(1) of the Social Secu8 rity Act (42 U.S.C. 1397ee(c)(1)) is amended 

9 by striking ‘‘the mother or if the pregnancy is 

10 the result of an act of rape or incest’’ and in11 serting ‘‘a pregnant woman whose life is endan12 gered by a physical disorder, physical illness, or 

13 physical injury, including a life-endangering 

14 physical condition caused by or arising from the 

15 pregnancy itself, but not including psychological 

16 or emotional conditions’’. 

17 (B) CHILD HEALTH ASSISTANCE DE18 FINED.—Section 2110(a)(16) of the Social Se19 curity Act (42 U.S.C. 1397jj(a)(16)) is amend20 ed by striking ‘‘the mother or if the pregnancy 

21 is the result of an act of rape or incest’’ and 

22 inserting ‘‘a pregnant woman whose life is en23 dangered by a physical disorder, physical ill24 ness, or physical injury, including a life-endan25 gering physical condition caused by or arising 


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1 from the pregnancy itself, but not including 

2 psychological or emotional conditions’’. 

3 (c) AMENDMENT TO INDIAN HEALTH CARE IM4 PROVEMENT ACT.—Title II of the Indian Health Care Im5 provement Act (25 U.S.C. 1621 et seq.) is amended by 

6 adding at the end a new section: 

7 ‘‘SEC. 227. PROHIBITION AGAINST OFFERING AN ABORTION. 

8 ‘‘Amounts appropriated to carry out this title may 

9 not be used to offer an abortion (as such term is defined 

10 in section 1531 of title 18, United States Code) at any 

11 point after fertilization, except to save the life of a preg12 nant woman whose life is endangered by a physical dis13 order, physical illness, or physical injury, including a life14 endangering physical condition caused by or arising from 

15 the pregnancy itself, but not including psychological or 

16 emotional conditions.’’. 

17 (d) AMENDMENT TO TITLE X.—Section 1008 of the 

18 Public Health Service Act (42 U.S.C. 300a–6) is amended 

19 to read as follows: 

20 ‘‘PROHIBITION OF ABORTION

21 ‘‘SEC. 1008. 

22 ‘‘(a) No funds may be made available under this title 

23 to any public or private entity if such entity or any affil24 iate or agency thereof offers abortions at any point after 

25 fertilization, except to save the life of a pregnant woman 

26 whose life is endangered by a physical disorder, physical 


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1 illness, or physical injury, including a life-endangering 

2 physical condition caused by or arising from the pregnancy 

3 itself, but not including psychological or emotional condi4 tions. 

5 ‘‘(b) In this section: 

6 ‘‘(1) The term ‘abortion’ has the meaning given 

7 to such term in section 1531 of title 18, United 

8 States Code. 

9 ‘‘(2) The term ‘affiliate’ means any company 

10 that controls, is controlled by, or is under common 

11 control with an entity referred to in subsection (a).’’. 

12 (e) TABLE OF CONTENTS AMENDMENT.—The table 

13 of contents for title II of the Indian Health Care Improve14 ment Act (25 U.S.C. 1621 et seq.) is amended by adding 

15 at the end the following: 

‘‘227. Prohibition against offering an abortion.’’. 

16 SEC. 4. PROHIBITION ON GROUP HEALTH COVERAGE FOR 

17 ABORTIONS. 

18 (a) PROHIBITING COVERAGE UNDER GROUP

19 HEALTH PLANS AND GROUP AND INDIVIDUAL HEALTH

20 INSURANCE.— 

21 (1) IN GENERAL.—Subpart II of part A of the 

22 Public Health Service Act (42 U.S.C. 300gg–11 et 

23 seq.) is amended by adding at the end the following 

24 new section: 


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1 ‘‘SEC. 2730. PROHIBITION ON COVERAGE FOR ABORTION. 

2 ‘‘(a) IN GENERAL.—A group health plan, and a 

3 health insurance issuer offering group or individual health 

4 insurance coverage, may not provide coverage for abortion 

5 (as such term is defined in section 1531 of title 18) at 

6 any point after fertilization, except to save the life of a 

7 pregnant woman whose life is endangered by a physical 

8 disorder, physical illness, or physical injury, including a 

9 life-endangering physical condition caused by or arising 

10 from the pregnancy itself, but not including psychological 

11 or emotional conditions. 

12 ‘‘(b) RULE OF CONSTRUCTION.—Nothing in this sec13 tion shall be construed to prohibit the coverage of items 

14 or services that are furnished in order to— 

15 ‘‘(1) remove a dead unborn child caused by mis16 carriage or stillbirth, or 

17 ‘‘(2) remove an ectopic pregnancy.’’. 

18 (2) EFFECTIVE DATE.—The amendments made 

19 by this subsection shall apply to plan years begin20 ning on or after January 1 of the second year begin21 ning on or after the date of the enactment of this 

22 subsection. 

23 (b) APPLICATION OF ABORTION PROHIBITION TO

24 PREMIUM CREDITS AND COST-SHARING REDUCTIONS

25 UNDER ACA.— 


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1 (1) IN GENERAL.—Section 36B(c)(3)(A) of the 

2 Internal Revenue Code of 1986 (26 U.S.C. 

3 36B(c)(3)(A)) is amended by inserting before the 

4 period at the end the following: ‘‘or a health plan 

5 that includes coverage for abortion (as such term is 

6 defined in section 1531 of title 18) furnished at any 

7 point after fertilization, except to save the life of a 

8 pregnant woman whose life is endangered by a phys9 ical disorder, physical illness, or physical injury, in10 cluding a life-endangering physical condition caused 

11 by or arising from the pregnancy itself, but not in12 cluding psychological or emotional conditions’’. 

13 (2) CONFORMING ACA AMENDMENTS.—Section 

14 1303 of Public Law 111–148 (42 U.S.C. 18023) is 

15 amended— 

16 (A) in subsection (a)(1), by striking ‘‘abor17 tion coverage’’ and inserting ‘‘coverage of abor18 tions described in subsection (b)(1)(B)(ii)’’; and 

19 (B) in subsection (b)— 

20 (i) in paragraph (1)— 

21 (I) in the paragraph heading, by 

22 striking ‘‘VOLUNTARY CHOICE OF

23 COVERAGE OF’’ and inserting ‘‘PROHI24 BITION ON COVERAGE OF CERTAIN’’; 

25 (II) in subparagraph (A)— 


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1 (aa) in clause (i)— 

2 (AA) by striking ‘‘sub3 paragraph (B)(i) or’’; and 

4 (BB) by striking ‘‘and’’ 

5 at the end; 

6 (bb) in clause (ii)— 

7 (AA) by striking ‘‘sub8 paragraph (B)(i) or’’; and 

9 (BB) by striking the 

10 period at the end and insert11 ing ‘‘; and’’; and 

12 (cc) by adding at the end 

13 the following new clause: 

14 ‘‘(iii) the issuer of a qualified health 

15 plan may not provide coverage of services 

16 described in subparagraph (B)(i).’’; and 

17 (III) by amending subparagraph 

18 (B) to read as follows: 

19 ‘‘(B) ABORTION SERVICES.— 

20 ‘‘(i) PROHIBITED ABORTION SERV21 ICES.—The services described in this 

22 clause are any abortions (as such term is 

23 defined in section 1531 of title 18) fur24 nished after fertilization that are not de25 scribed in clause (ii). 


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1 ‘‘(ii) PERMITTED ABORTION SERV2 ICES.—The services described in this 

3 clause are only abortions that are fur4 nished to save the life of a pregnant 

5 woman whose life is endangered by a phys6 ical disorder, physical illness, or physical 

7 injury, including a life-endangering phys8 ical condition caused by or arising from 

9 the pregnancy itself, but not including psy10 chological or emotional conditions.’’; 

11 (ii) by striking paragraphs (2) and 

12 (3); and 

13 (iii) by redesignating paragraph (4) as 

14 paragraph (2). 

15 (3) APPLICATION TO MULTI-STATE PLANS.— 

16 Section 1334(a)(6) of Public Law 111–148 (42 

17 U.S.C. 18054(a)(6)) is amended— 

18 (A) in the paragraph heading, by striking 

19 ‘‘ASSURED AVAILABILITY OF VARIED COV20 ERAGE’’ and inserting ‘‘PROHIBITION OF CER21 TAIN ABORTION COVERAGE’’; and 

22 (B) by striking ‘‘there is at least one such 

23 plan that does not’’ and inserting ‘‘such plans 

24 do not’’. 


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1 (4) EFFECTIVE DATE.—The amendments made 

2 by paragraphs (1) and (2) shall apply to taxable 

3 years ending after January 1 of the second year be4 ginning on or after the date of the enactment of this 

5 subsection, but only with respect to plan years be6 ginning on or after such date, and the amendments 

7 made by paragraph (3) shall apply to plan years be8 ginning on or after such date. 

9 (c) AMENDMENT TO TITLE 5.—Section 8902 of title 

10 5, United States Code, is amended by adding at the end 

11 the following: 

12 ‘‘(q) A contract may not be made or a plan approved 

13 that includes an obstetrical benefit that includes coverage 

14 for an abortion (as defined in section 1531 of title 18), 

15 except to save the life of a pregnant woman whose life 

16 is endangered by a physical disorder, physical illness, or 

17 physical injury, including a life-endangering physical con18 dition caused by or arising from the pregnancy itself, but 

19 not including a psychological or emotional condition.’’. 

Æ 


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