Sec. 2. Prohibition against certain abortion measures
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/bill/118/hr/8855/ih/section-2A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Chapter 74 of title 18, United States Code, is amended by amending section 1531 to read as follows: Notwithstanding any other provision of law, a licensed physician who— in the circumstances described in subsection (d), intentionally performs or attempts to perform an abortion at any point after fertilization; or 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. .
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. 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. In this subsection, the term appropriate relief includes— money damages for all injuries, psychological and physical, occasioned by the violation of this section; statutory damages equal to the amount that is three times the cost of the abortion; punitive damages; and reasonable attorneys’ fees and costs. It is an affirmative defense to prosecution under this section if— 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 the abortion was performed with the purpose of— 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; removing a dead unborn child caused by miscarriage or stillbirth; or removing an ectopic pregnancy. For the purposes of subsection (a), the circumstances described are that: 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). 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. 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). 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. The conduct described in subsection
(a)otherwise occurred in or affected interstate or foreign commerce. The conduct described in subsection
(a)occurred in the District of Columbia. The conduct described in subsection
(a)occurred in a health care facility owned or operated by the Federal Government. Nothing in this section shall be construed to— authorize the criminal prosecution or conviction of a woman with the death of her own unborn child; impose civil or criminal liability on a woman upon whom an abortion is performed or attempted; prohibit the administration of misoprostol for the purposes of treatment of a miscarriage or stillbirth; or 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. 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. In this section: 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. The term contraception is a measure, drug, or chemical that prevents a pregnancy before fertilization. The term covered program means: The program for medical assistance established under title XIX of the Social Security Act. The State children's health insurance program established under title XXI of the Social Security Act. The Indian Health Service. The Veterans Health Administration. The TRICARE program (as such program is defined in section 1072(7) of title 10). Any project grant or contract for family planning services awarded under title X of the Public Health Services Act. The term fertilization means the fusion of a human spermatozoon with a human ovum. 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. The term miscarriage is the spontaneous loss of pregnancy before 20 weeks of pregnancy. The term stillbirth means the loss of a baby at or after 20 weeks of pregnancy. The term unborn child means an individual organism of the species Homo sapiens from fertilization until live birth. . 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. . The header of chapter 74 of title 18, United States Code, is amended by striking and inserting Partial-birth Abortions . Abortions