HR682-119

What This Bill Does

The Heartbeat Protection Act inserts a new section 1532 into chapter 74 of title 18. It bars a physician from knowingly performing an abortion that kills an unborn child without determining whether a detectable fetal heartbeat exists, without informing the pregnant patient of the result, or after determining that a detectable heartbeat exists. The bill creates exceptions when an abortion is necessary in reasonable medical judgment to save the life of a pregnant woman endangered by a physical disorder, illness, injury, or life-endangering pregnancy condition. It also creates exceptions for pregnancies resulting from rape of an adult woman if counseling or medical treatment occurred at least 48 hours earlier, and for rape or incest involving a minor if reported to child-abuse authorities or law enforcement. Physicians using exceptions must comply with documentation and reporting duties.

Who Benefits and How

Abortion opponents and organizations focused on fetal protection benefit because the bill creates a national criminal rule restricting abortions after a detectable heartbeat. Pregnant patients facing life-endangering physical conditions retain a statutory exception. Adult rape survivors and minors subjected to rape or incest retain exceptions if counseling, treatment, or reporting conditions are satisfied. Law enforcement agencies receive a federal offense framework and documentation requirements.

Who Bears the Burden and How

Physicians, abortion clinics, and hospital reproductive health programs must comply with mandatory heartbeat-check, patient-notice, documentation, and exception-reporting requirements before performing covered abortions. Physicians who violate the prohibition face federal criminal prosecution and penalties under title 18. Pregnant patients seeking abortions after heartbeat detection face a new legal barrier unless an exception applies. Rape survivors and minors may be required to satisfy counseling, treatment, child-abuse-reporting, or law-enforcement-reporting conditions before an exception is available. Federal prosecutors, law enforcement agencies, and child-abuse reporting agencies must handle enforcement or exception documentation.

Key Provisions

• Establishes a federal prohibition on abortions performed without a fetal heartbeat check or patient notification.
• Bars abortions after a detectable heartbeat unless a statutory exception applies.
• Creates exceptions for life-endangering physical conditions and specified rape or incest circumstances.
• Requires physicians using exceptions to satisfy documentation and reporting duties.
• Adds the new offense to title 18 criminal abortion provisions.