I 
117TH CONGRESS 
2D SESSION 
H. R. 7719 
To amend title 18, United States Code, to prohibit discrimination by abortion 
against an unborn child on the basis of results from laboratory developed 
tests, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 11, 2022 
Mrs. FISCHBACH (for herself, Mr. ELLZEY, Mr. LAMBORN, Mr. LAMALFA, 
Mr. WEBER of Texas, Mr. BABIN, Mr. HUDSON, Mrs. MILLER-MEEKS, 
Mr. NORMAN, Mr. FEENSTRA, Mr. GROTHMAN, Mr. MULLIN, Mr. LATTA, 
Mr. PALAZZO, Mr. BUCK, Mr. MOORE of Alabama, Mr. MCKINLEY, Mr. 
GOOD of Virginia, Mr. DUNCAN, Mr. CLINE, Mr. BANKS, Mr. LUETKE-
MEYER, and Mr. STAUBER) introduced the following bill; which was re-
ferred to the Committee on the Judiciary 
A BILL 
To amend title 18, United States Code, to prohibit discrimi-
nation by abortion against an unborn child on the basis 
of results from laboratory developed tests, and for other 
purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Unborn Protection 
Act’’. 
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SEC. 2. DISCRIMINATION BY ABORTION AGAINST AN UN-
BORN CHILD ON THE BASIS OF RESULTS 
FROM LABORATORY DEVELOPED TESTS PRO-
HIBITED. 
(a) IN GENERAL.—Chapter 13 of title 18, United 
States Code, is amended by adding after section 249, the 
following: 
‘‘§ 250. Discrimination by abortion against an unborn 
child on the basis of results from Labora-
tory Developed Prenatal Tests prohibited 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) ABORTION.—The term ‘abortion’ means 
the act of using or prescribing an instrument, medi-
cine, drug, or any other substances, device, or means 
with the intent to— 
‘‘(A) kill the unborn child of a woman 
known to be pregnant; or 
‘‘(B) terminate the pregnancy of a woman 
known to be pregnant, with an intention other 
than— 
‘‘(i) to produce a live birth and pre-
serve the life and health of the child born 
alive; 
‘‘(ii) to save the life of the pregnant 
woman; or 
‘‘(iii) to remove a dead unborn child. 
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‘‘(2) LABORATORY
DEVELOPED
TESTS.—The 
term ‘Laboratory Developed Prenatal Test’ means a 
type of in vitro diagnostic test that is designed, de-
veloped, manufactured, validated, or performed with-
in a single laboratory and is not cleared or approved 
by the United States Food and Drug Administra-
tion. 
‘‘(3) QUALIFIED PLAINTIFF.—The term ‘quali-
fied plaintiff’ means— 
‘‘(A) a woman upon whom an abortion is 
performed or attempted in violation of this sec-
tion; 
‘‘(B) a maternal grandparent of the un-
born child if the woman upon whom an abortion 
is performed or attempted in violation of this 
section is an unemancipated minor; 
‘‘(C) the father of an unborn child who is 
the subject of an abortion performed or at-
tempted in violation of this section unless the 
pregnancy or abortion resulted from the crimi-
nal conduct of the father; or 
‘‘(D) the Attorney General. 
‘‘(4) UNBORN CHILD.—The term ‘unborn child’ 
means an individual of the species homo sapiens 
from the beginning of the biological development of 
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that individual, including fertilization, until the point 
of being born alive, as defined in section 8(b) of title 
1. 
‘‘(b) OFFENSE.—It shall be unlawful to— 
‘‘(1) perform an abortion— 
‘‘(A) with the knowledge that a pregnant 
woman is seeking an abortion in whole or in 
part on the basis of Laboratory Developed Pre-
natal Test results; and 
‘‘(B) without first— 
‘‘(i) asking the pregnant woman if she 
is aware of any Laboratory Developed Pre-
natal Test results; 
‘‘(ii) confirming that the woman has 
been properly informed about the results 
and has received proper interpretation by a 
genetic counselor or healthcare profes-
sional; and 
‘‘(iii) if the woman is aware that the 
unborn child has or may test positive with 
a Laboratory Developed Prenatal test, in-
forming the pregnant woman of the prohi-
bition on abortion under this section; 
‘‘(2) use force or the threat of force to inten-
tionally injure or intimidate any person for the pur-
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pose of coercing an abortion described in paragraph 
(1)(A); 
‘‘(3) solicit or accept funds for the performance 
of an abortion described in paragraph (1)(A); or 
‘‘(4) knowingly transport a woman into the 
United States or across a State line for the purpose 
of obtaining an abortion described in paragraph 
(1)(A). 
‘‘(c) CRIMINAL PENALTY.—Whoever violates, or at-
tempts to violate, subsection (b) shall be fined under this 
title, imprisoned not more than 5 years, or both. 
‘‘(d) CIVIL REMEDIES.— 
‘‘(1) CIVIL ACTION BY WOMAN ON WHOM ABOR-
TION
IS
PERFORMED.—A woman upon whom an 
abortion has been performed or attempted in viola-
tion of subsection (b)(2) may bring a civil action in 
an appropriate court against any person who en-
gaged in a violation of subsection (b)(2) to obtain 
appropriate relief. 
‘‘(2) CIVIL ACTION BY RELATIVES.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), the father of an unborn 
child who is the subject of an abortion per-
formed or attempted in violation of subsection 
(b), or a maternal grandparent of the unborn 
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