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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8855 Introduced in House (IH)]

<DOC>

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.

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

SECTION 1. LEGISLATIVE FINDINGS AND DECLARATION OF CONSTITUTIONAL 
              AUTHORITY FOR ENACTMENT.

    (a) Findings.--Congress finds the following:
            (1) The dignity of every human life is reflected in our 
        Nation's founding principles, ``Life, Liberty and the Pursuit 
        of Happiness''.
            (2) Abortion ends the life of a person entitled to rights 
        under the Constitution and the laws of this Nation. Since the 
        1973 decision of Roe v. Wade, over 60,000,000 abortions have 
        ended the lives of unborn children. Unborn children are among 
        the most vulnerable and deserve full and equal protection of 
        the law.
            (3) Congress exercised its authority under the Commerce 
        Clause when it enacted the Partial-Birth Abortion Ban Act of 
        2003 and has used that authority to enact other criminal 
        statutes, such as the prohibition on female genital mutilation 
        (18 U.S.C. 116).
            (4) The Supreme Court has broadly interpreted Congress' 
        power to regulate interstate commerce, holding that it applies 
        to activities with a substantial economic effect or that, 
        cumulatively, affect commerce. See, e.g., NLRB v. Jones & 
        Laughlin Steel Corp., 301 U.S. 1 (1937); United States v. 
        Darby, 312 U.S. 657 (1941); and Wickard v. Filburn, 317 U.S. 
        111 (1942).
            (5) Abortion often involves commercial activity between 
        states and across foreign borders. This includes the 
        manufacturing and distribution of drugs that cause abortion and 
        the use of equipment, instruments, and other supplies that have 
        traveled in interstate commerce to perform surgical abortions. 
        See, e.g., Scarborough v. United States, 431 U.S. 563 (1977).
            (6) Article I, section 8, clause 1 of the Constitution 
        grants Congress broad spending powers, which Congress may 
        attach conditions to: ``The Congress shall have Power To lay 
        and collect Taxes, Duties, Imposts and Excises, to pay the 
        Debts and provide for the common Defense and general Welfare of 
        the United States''. Furthermore, in clause 18 Congress can 
        ``make all Laws which shall be necessary and proper for 
        carrying into Executive the foregoing Powers . . .''. The 
        Supreme Court has upheld this generally in cases like South 
        Dakota v. Dole and in regard to abortion in Harris v. McRae.
            (7) Through the decision in Dobbs v. Jackson Women's Health 
        Organization, handed down in June 2022, the Supreme Court has 
        redressed and corrected the grave injustice which for 50 years 
        had been perpetuated by their decisions in Roe v. Wade, Doe v. 
        Bolton, and Planned Parenthood v. Casey, allowing Congress and 
        State legislators to enact legislation to limit abortion as the 
        legislators see fit. The Court declared that ``the Constitution 
        does not confer a right to abortion'' (Dobbs v. Jackson Women's 
        Health Org., 142 S. Ct. 2228, 2234 (2022)).
            (8) The Supreme Court has held that ``[i]t is time to heed 
        the Constitution and return the issue of abortion to the 
        people's elected representatives'' (Dobbs v. Jackson Women's 
        Health Organization, 142 S. Ct. 2228, 2243 (2022)).
            (9) The Supreme Court has also held that ``[a] law 
        regulating abortion, like other health and welfare laws, is 
        entitled to a `strong presumption of validity.' . . . It must 
        be sustained if there is a rational basis on which the 
        legislature could have thought that it would serve legitimate 
        State interests . . . These legitimate interests include 
        respect for and preservation of prenatal life at all stages of 
        development . . . ; the protection of maternal health and 
        safety; the elimination of particularly gruesome or barbaric 
        medical procedures; the preservation of the integrity of the 
        medical profession; the mitigation of fetal pain; and the 
        prevention of discrimination on the basis of race, sex, or 
        disability.'' (Dobbs v. Jackson Women's Health Organization, 
        142 S. Ct. at 2239).
            (10) Medical and other authorities now know more about 
        human prenatal development than ever before, including that 
        life begins at the moment of conception and the child in a 
        woman's womb is a human being.
            (11) Even if there exists some degree of uncertainty about 
        an aspect of prenatal development, the Supreme Court has held 
        that Congress and State legislatures retain ``wide discretion 
        to pass legislation'' (Gonzales v. Carhart, 550 U.S. at 163). 
        ``The law need not give abortion doctors unfettered choice in 
        the course of their medical practice, nor should it elevate 
        their status above other physicians in the medical community'' 
        (Gonzales v. Carhart, 550 U.S. at 163). ``Medical uncertainty 
        does not foreclose the exercise of legislative power in the 
        abortion context any more than it does in other contexts'' 
        (Gonzales v. Carhart, 550 U.S. at 164).
            (12) Scientific evidence and personal testimonies document 
        the massive harm that abortion causes to women. Abortion 
        heightens the risk of mental health issues with studies showing 
        that after an abortion women are 34 percent more likely to 
        develop anxiety disorders, 37 percent more likely to develop 
        depression, 110 percent more likely to rely on alcohol use or 
        abuse, 115 percent more likely to develop suicidal behavior, 
        and 220 percent more likely to take on marijuana use or abuse. 
        As many as 60 percent of women having an abortion experience 
        some level of emotional distress afterwards, with 30 percent 
        being classified as severe distress. Abortion also includes 
        risks to physical health such as heavy or persistent bleeding, 
        damage to cervix, abdominal pain or cramping, scarring of 
        uterine lining, breast cancer, future premature births or 
        miscarriages, infection or sepsis, placenta previa, perforation 
        of uterus, damage to other organs, and even death.
            (13) More than 50 percent of abortions nationwide are 
        committed by chemical abortion. Many of these abortions are 
        obtained through telehealth visits and without the supervision 
        of a licensed medical care professional.
            (14) Every State has enacted a ``safe haven'' law, 
        relieving the responsibility of childcare for parents who do 
        not wish to care for a child.
            (15) Public attitudes favoring adoption have created a 
        culture of adoption in the United States, with many families 
        waiting long periods of time to adopt newborn infants.
            (16) Abortion disproportionately affects minority 
        communities. Black babies are 3.4 times more likely to be 
        aborted as White babies. An estimated 19,000,000 Black babies 
        have been killed by abortion since 1973. Minorities have been 
        the unwitting victims of a hidden racist agenda of the abortion 
        industry for over 50 years.
    (b) Purpose.--It is the intent of this Act to ensure that abortion 
is abolished and to protect the lives of unborn children.

SEC. 2. PROHIBITION AGAINST CERTAIN ABORTION MEASURES.

    (a) In General.--Chapter 74 of title 18, United States Code, is 
amended by amending section 1531 to read as follows:
``Sec. 1531. Prohibition against certain abortion measures
    ``(a) Criminal Offense.--Notwithstanding any other provision of 
law, a licensed physician who--
            ``(1) in the circumstances described in subsection (d), 
        intentionally performs or attempts to perform an abortion at 
        any point after fertilization; or
            ``(2) receives any Federal funds under any covered program 
        that intentionally performs or attempts to perform an abortion 
        at any point after fertilization,
```shall be guilty of a class D felony.'.
    ``(b) Civil Remedies.--
            ``(1) Without consent.--A woman upon whom an abortion was 
        performed or attempted, without consent or that occurred under 
        duress, fraud, or inducement, may bring in an appropriate court 
        a civil action against the licensed physician in violation of 
        subsection (a) to obtain appropriate relief.
            ``(2) Remedy for parent of a minor.--A parent of a minor 
        upon whom an abortion has been performed or attempted may bring 
        in an appropriate court a civil action against the licensed 
        physician in violation of subsection (a) to obtain appropriate 
        relief.
            ``(3) Appropriate relief defined.--In this subsection, the 
        term `appropriate relief' includes--
                    ``(A) money damages for all injuries, psychological 
                and physical, occasioned by the violation of this 
                section;
                    ``(B) statutory damages equal to the amount that is 
                three times the cost of the abortion;
                    ``(C) punitive damages; and
                    ``(D) reasonable attorneys' fees and costs.
    ``(c) Affirmative Defense.--It is an affirmative defense to 
prosecution under this section if--
            ``(1) a licensed physician provides medical treatment to a 
        pregnant woman which results in the accidental or unintentional 
        injury or death to an unborn child; or
            ``(2) the abortion was performed with the purpose of--
                    ``(A) saving the life of a pregnant woman 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, but not including 
                psychological or emotional conditions;
                    ``(B) removing a dead unborn child caused by 
                miscarriage or stillbirth; or
                    ``(C) removing an ectopic pregnancy.
    ``(d) Circumstances Described.--For the purposes of subsection (a), 
the circumstances described are that:
            ``(1) The licensed physician performed an abortion using a 
        means, channel, facility, or instrumentality of interstate or 
        foreign commerce in furtherance of or in connection with the 
        conduct described in subsection (a).
            ``(2) A payment of any kind was made, directly or 
        indirectly, in furtherance of or in connection with the conduct 
        described in subsection (a) using any means, channel, facility, 
        or instrumentality of interstate or foreign commerce or in or 
        affecting interstate or foreign commerce.
            ``(3) Any instrument, item, substance, or other object that 
        has traveled in interstate or foreign commerce was used to 
        perform the conduct described in subsection (a).
            ``(4) The conduct described in subsection (a) occurred 
        within the special maritime and territorial jurisdiction of the 
        United States, or any territory or possession of the United 
        States.
            ``(5) The conduct described in subsection (a) otherwise 
        occurred in or affected interstate or foreign commerce.
            ``(6) The conduct described in subsection (a) occurred in 
        the District of Columbia.
            ``(7) The conduct described in subsection (a) occurred in a 
        health care facility owned or operated by the Federal 
        Government.
    ``(e) Rules of Construction.--
            ``(1) In general.--Nothing in this section shall be 
        construed to--
                    ``(A) authorize the criminal prosecution or 
                conviction of a woman with the death of her own unborn 
                child;
                    ``(B) impose civil or criminal liability on a woman 
                upon whom an abortion is performed or attempted;
                    ``(C) prohibit the administration of misoprostol 
                for the purposes of treatment of a miscarriage or 
                stillbirth; or
                    ``(D) prohibit the sale, use, prescription, or 
                administration of contraception, if the contraception 
                is sold, used, prescribed or administered in accordance 
                with manufacturer instructions or for non-life-ending 
                purposes.
            ``(2) State legislation.--Nothing in this section shall be 
        construed to override or enforce a greater penalty established 
        by State law with respect to the protection of the life of an 
        unborn child at any point after fertilization.
    ``(f) Definitions.--In this section:
            ``(1) Abortion.--The term `abortion' means the act of 
        using, prescribing, administering, procuring, or selling any 
        instrument, medicine, drug, or any other substance, device, or 
        means with the purpose to terminate a pregnancy of a woman, 
        with knowledge that the termination by any of those means will 
        with reasonable likelihood cause the death of the unborn child.
            ``(2) Contraception.--The term `contraception' is a 
        measure, drug, or chemical that prevents a pregnancy before 
        fertilization.
            ``(3) Covered program.--The term `covered program' means:
                    ``(A) The program for medical assistance 
                established under title XIX of the Social Security Act.
                    ``(B) The State children's health insurance program 
                established under title XXI of the Social Security Act.
                    ``(C) The Indian Health Service.
                    ``(D) The Veterans Health Administration.
                    ``(E) The TRICARE program (as such program is 
                defined in section 1072(7) of title 10).
                    ``(F) Any project grant or contract for family 
                planning services awarded under title X of the Public 
                Health Services Act.
            ``(4) Fertilization.--The term `fertilization' means the 
        fusion of a human spermatozoon with a human ovum.
            ``(5) Licensed physician.--The term `licensed physician' 
        means a doctor of medicine or osteopathy legally authorized to 
        practice medicine and surgery by the State in which the doctor 
        performs such activity, or any other individual legally 
        authorized by the State to perform abortions.
            ``(6) Miscarriage.--The term `miscarriage' is the 
        spontaneous loss of pregnancy before 20 weeks of pregnancy.
            ``(7) Stillbirth.--The term `stillbirth' means the loss of 
        a baby at or after 20 weeks of pregnancy.
            ``(8) Unborn child.--The term `unborn child' means an 
        individual organism of the species Homo sapiens from 
        fertilization until live birth.''.
    (b) Table of Contents.--The table of contents for chapter 74 of 
title 18, United States Code, the item relating to section 1531 is 
amended to read as follows:

``1531. Prohibition against certain abortion measures.''.
    (c) Chapter Heading.--The header of chapter 74 of title 18, United 
States Code, is amended by striking ``PARTIAL-BIRTH ABORTIONS'' and 
inserting ``ABORTIONS''.

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

    (a) Medicaid.--Section 1902 of the Social Security Act (42 U.S.C. 
1396a) is amended by adding at the end the following new subsection:
    ``(uu) Prohibition on State Plan Coverage of Abortion.--
Notwithstanding subsection (b), beginning on January 1 of the second 
year beginning on or after the date of the enactment of this 
subsection, the Secretary may not approve a State plan for medical 
assistance under this section, and shall revoke any such plan in effect 
as of such date, if such State plan provides payment for abortion (as 
such term is defined in section 1531 of title 18) furnished at any 
point after fertilization, except to save the life of a pregnant woman 
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, but not including 
psychological or emotional conditions.''.
    (b) Children's Health Insurance Program.--
            (1) In general.--Section 2107(e)(1) of the Social Security 
        Act (42 U.S.C. 1397gg(e)(1)) is amended by adding at the end 
        the following new subparagraph:
                    ``(U) Section 1902(uu) (relating to prohibition on 
                payment for abortion).''.
            (2) Conforming amendments.--
                    (A) Limitation on funds provided to state.--Section 
                2105(c)(1) of the Social Security Act (42 U.S.C. 
                1397ee(c)(1)) is amended by striking ``the mother or if 
                the pregnancy is the result of an act of rape or 
                incest'' and inserting ``a pregnant woman 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, but not including psychological or emotional 
                conditions''.
                    (B) Child health assistance defined.--Section 
                2110(a)(16) of the Social Security Act (42 U.S.C. 
                1397jj(a)(16)) is amended by striking ``the mother or 
                if the pregnancy is the result of an act of rape or 
                incest'' and inserting ``a pregnant woman 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, but not including psychological or emotional 
                conditions''.
    (c) Amendment to Indian Health Care Improvement Act.--Title II of 
the Indian Health Care Improvement Act (25 U.S.C. 1621 et seq.) is 
amended by adding at the end a new section:

``SEC. 227. PROHIBITION AGAINST OFFERING AN ABORTION.

    ``Amounts appropriated to carry out this title may not be used to 
offer an abortion (as such term is defined in section 1531 of title 18, 
United States Code) at any point after fertilization, except to save 
the life of a pregnant woman 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, but not including psychological or emotional conditions.''.
    (d) Amendment to Title X.--Section 1008 of the Public Health 
Service Act (42 U.S.C. 300a-6) is amended to read as follows:

                       ``prohibition of abortion

    ``Sec. 1008. 
    ``(a) No funds may be made available under this title to any public 
or private entity if such entity or any affiliate or agency thereof 
offers abortions at any point after fertilization, except to save the 
life of a pregnant woman 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, but not including psychological or emotional conditions.
    ``(b) In this section:
            ``(1) The term `abortion' has the meaning given to such 
        term in section 1531 of title 18, United States Code.
            ``(2) The term `affiliate' means any company that controls, 
        is controlled by, or is under common control with an entity 
        referred to in subsection (a).''.
    (e) Table of Contents Amendment.--The table of contents for title 
II of the Indian Health Care Improvement Act (25 U.S.C. 1621 et seq.) 
is amended by adding at the end the following:

``227. Prohibition against offering an abortion.''.

SEC. 4. PROHIBITION ON GROUP HEALTH COVERAGE FOR ABORTIONS.

    (a) Prohibiting Coverage Under Group Health Plans and Group and 
Individual Health Insurance.--
            (1) In general.--Subpart II of part A of the Public Health 
        Service Act (42 U.S.C. 300gg-11 et seq.) is amended by adding 
        at the end the following new section:

``SEC. 2730. PROHIBITION ON COVERAGE FOR ABORTION.

    ``(a) In General.--A group health plan, and a health insurance 
issuer offering group or individual health insurance coverage, may not 
provide coverage for abortion (as such term is defined in section 1531 
of title 18) at any point after fertilization, except to save the life 
of a pregnant woman 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, but 
not including psychological or emotional conditions.
    ``(b) Rule of Construction.--Nothing in this section shall be 
construed to prohibit the coverage of items or services that are 
furnished in order to--
            ``(1) remove a dead unborn child caused by miscarriage or 
        stillbirth, or
            ``(2) remove an ectopic pregnancy.''.
            (2) Effective date.--The amendments made by this subsection 
        shall apply to plan years beginning on or after January 1 of 
        the second year beginning on or after the date of the enactment 
        of this subsection.
    (b) Application of Abortion Prohibition to Premium Credits and 
Cost-Sharing Reductions Under ACA.--
            (1) In general.--Section 36B(c)(3)(A) of the Internal 
        Revenue Code of 1986 (26 U.S.C. 36B(c)(3)(A)) is amended by 
        inserting before the period at the end the following: ``or a 
        health plan that includes coverage for abortion (as such term 
        is defined in section 1531 of title 18) furnished at any point 
        after fertilization, except to save the life of a pregnant 
        woman 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, but not including psychological or emotional 
        conditions''.
            (2) Conforming aca amendments.--Section 1303 of Public Law 
        111-148 (42 U.S.C. 18023) is amended--
                    (A) in subsection (a)(1), by striking ``abortion 
                coverage'' and inserting ``coverage of abortions 
                described in subsection (b)(1)(B)(ii)''; and
                    (B) in subsection (b)--
                            (i) in paragraph (1)--
                                    (I) in the paragraph heading, by 
                                striking ``Voluntary choice of coverage 
                                of'' and inserting ``Prohibition on 
                                coverage of certain'';
                                    (II) in subparagraph (A)--
                                            (aa) in clause (i)--

                                                    (AA) by striking 
                                                ``subparagraph (B)(i) 
                                                or''; and

                                                    (BB) by striking 
                                                ``and'' at the end;

                                            (bb) in clause (ii)--

                                                    (AA) by striking 
                                                ``subparagraph (B)(i) 
                                                or''; and

                                                    (BB) by striking 
                                                the period at the end 
                                                and inserting ``; 
                                                and''; and

                                            (cc) by adding at the end 
                                        the following new clause:
                            ``(iii) the issuer of a qualified health 
                        plan may not provide coverage of services 
                        described in subparagraph (B)(i).''; and
                                    (III) by amending subparagraph (B) 
                                to read as follows:
                    ``(B) Abortion services.--
                            ``(i) Prohibited abortion services.--The 
                        services described in this clause are any 
                        abortions (as such term is defined in section 
                        1531 of title 18) furnished after fertilization 
                        that are not described in clause (ii).
                            ``(ii) Permitted abortion services.--The 
                        services described in this clause are only 
                        abortions that are furnished to save the life 
                        of a pregnant woman 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, but not including 
                        psychological or emotional conditions.'';
                            (ii) by striking paragraphs (2) and (3); 
                        and
                            (iii) by redesignating paragraph (4) as 
                        paragraph (2).
            (3) Application to multi-state plans.--Section 1334(a)(6) 
        of Public Law 111-148 (42 U.S.C. 18054(a)(6)) is amended--
                    (A) in the paragraph heading, by striking ``Assured 
                availability of varied coverage'' and inserting 
                ``Prohibition of certain abortion coverage''; and
                    (B) by striking ``there is at least one such plan 
                that does not'' and inserting ``such plans do not''.
            (4) Effective date.--The amendments made by paragraphs (1) 
        and (2) shall apply to taxable years ending after January 1 of 
        the second year beginning on or after the date of the enactment 
        of this subsection, but only with respect to plan years 
        beginning on or after such date, and the amendments made by 
        paragraph (3) shall apply to plan years beginning on or after 
        such date.
    (c) Amendment to Title 5.--Section 8902 of title 5, United States 
Code, is amended by adding at the end the following:
    ``(q) A contract may not be made or a plan approved that includes 
an obstetrical benefit that includes coverage for an abortion (as 
defined in section 1531 of title 18), except to save the life of a 
pregnant woman 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, but 
not including a psychological or emotional condition.''.
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