I 

117TH CONGRESS 

1ST SESSION H. R. 705 

To amend title 18, United States Code, to prohibit abortion in cases where 

a fetal heartbeat is detectable. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 2, 2021 

Mr. KELLY of Pennsylvania (for himself, Mr. GOHMERT, Mr. JOYCE of Pennsylvania, Mr. PERRY, Mr. KELLER, Mr. MOONEY, Mr. BUDD, Mr. GAETZ, 

Mr. SIMPSON, Mr. ADERHOLT, Mr. FLEISCHMANN, Mr. LONG, Mr. DUNCAN, Mr. NORMAN, Mr. BIGGS, Mr. RESCHENTHALER, Mr. GIBBS, Mr. 

KELLY of Mississippi, Mr. WEBER of Texas, Mr. LAHOOD, Mr. 

GROTHMAN, Mr. CHABOT, Mr. PALMER, Mr. GALLAGHER, Mr. 

LAMALFA, Mr. DUNN, Mr. SMITH of Nebraska, Mr. GUTHRIE, Mr. 

BABIN, Mr. WALBERG, Mr. COLE, Mr. BAIRD, Mr. LATTA, Mr. BANKS, 

Mr. WENSTRUP, Mr. KUSTOFF, Mr. JORDAN, Mr. HUIZENGA, Mrs. 

LESKO, Mr. BACON, Mr. HUDSON, and Mr. MAST) introduced the following bill; which was referred to the Committee on the Judiciary 

A BILL 

To amend title 18, United States Code, to prohibit abortion 

in cases where a fetal heartbeat is detectable. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Heartbeat Protection 

5 Act of 2021’’. 


pamtmann on DSKBC07HB2PROD with BILLS
2 

•HR 705 IH

1 SEC. 2. ABORTIONS PROHIBITED WITHOUT A CHECK FOR 

2 FETAL HEARTBEAT, OR IF A FETAL HEART3 BEAT IS DETECTABLE. 

4 (a) ABORTIONS PROHIBITED WITHOUT A CHECK

5 FOR FETAL HEARTBEAT, OR IF A FETAL HEARTBEAT IS

6 DETECTABLE.—Chapter 74 of title 18, United States 

7 Code, is amended— 

8 (1) in the chapter heading, by striking ‘‘PAR9 TIAL-BIRTH’’; 

10 (2) by inserting after section 1531 the fol11 lowing: 

12 ‘‘§ 1532. Abortions prohibited without a check for 

13 fetal heartbeat, or if a fetal heartbeat is 

14 detectable 

15 ‘‘(a) OFFENSE.—Any physician who knowingly per16 forms an abortion and thereby kills a human fetus— 

17 ‘‘(1) without determining, according to stand18 ard medical practice, whether the fetus has a detect19 able heartbeat; 

20 ‘‘(2) without informing the mother of the re21 sults of that determination; or 

22 ‘‘(3) after determining, according to standard 

23 medical practice, that the fetus has a detectable 

24 heartbeat, 

25 shall be fined under this title or imprisoned not more than 

26 5 years, or both. This subsection does not apply to an 


pamtmann on DSKBC07HB2PROD with BILLS
3 

•HR 705 IH

1 abortion that is necessary to save the life of a mother 

2 whose life is endangered by a physical disorder, physical 

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

4 physical condition caused by or arising from the pregnancy 

5 itself, but not including psychological or emotional condi6 tions. 

7 ‘‘(b) DEFENDANT MAY SEEK HEARING.—A defend8 ant indicted for an offense under this section may seek 

9 a hearing before the State Medical Board on whether the 

10 physician’s conduct was necessary to save the life of the 

11 mother whose life was endangered by a physical disorder, 

12 physical illness, or physical injury, including a life-endan13 gering physical condition caused by or arising from the 

14 pregnancy itself, but not including psychological or emo15 tional conditions. The findings on that issue are admissible 

16 on that issue at the trial of the defendant. Upon a motion 

17 of the defendant, the court shall delay the beginning of 

18 the trial for not more than 30 days to permit such a hear19 ing to take place. 

20 ‘‘(c) NO LIABILITY FOR THE MOTHER ON WHOM

21 ABORTION IS PERFORMED.—A mother upon whom an 

22 abortion is performed may not be prosecuted under this 

23 section, for a conspiracy to violate this section, or for an 

24 offense under section 2, 3, or 4 of this title based on a 

25 violation of this section. 


pamtmann on DSKBC07HB2PROD with BILLS
4 

•HR 705 IH

1 ‘‘(d) REQUIREMENT FOR DATA RETENTION.—The 

2 physician shall include in the medical file of the mother 

3 documentation of the determination, according to stand4 ard medical practice, of whether the fetus has a detectable 

5 heartbeat, the results of that determination, notification 

6 of the mother of those results, and any information en7 tered into evidence in any proceedings under subsection 

8 (b). Paragraph (j)(2) of section 164.530 of title 45, Code 

9 of Federal Regulations, shall apply to such documentation. 

10 ‘‘(e) SEVERABILITY.—If any provision of this section 

11 or the application of such provision to any person or cir12 cumstance is held to be invalid, the remainder of this sec13 tion and the application of the provisions of the remainder 

14 to any person or circumstance shall not be affected there15 by.’’; and 

16 (3) in the table of sections, by inserting after 

17 the item pertaining to section 1841 the following: 

‘‘1532. Abortions prohibited without a check for fetal heartbeat, or if a fetal 

heartbeat is detectable.’’. 

18 (b) CLERICAL AMENDMENT.—The table of chapters 

19 for part I of title 18, United States Code, is amended, 

20 in the item relating to chapter 74, to read as follows: 

‘‘74. Abortions .......................................................................................... 1531’’. 

Æ 


pamtmann on DSKBC07HB2PROD with BILLS