Heartbeat Protection Act of 2025

Bill Number

H.R. 682

Origin Chamber

House

Congress

119th Congress, Session 1

Policy Area

Crime and Law Enforcement

Status

Introduced

Latest Action

2025-01-23: Referred to the House Committee on the Judiciary.

Last Updated

2026-04-28T08:06:36Z

AI-Generated Summary

Purpose

The Heartbeat Protection Act of 2025 aims to restrict abortions at the federal level by prohibiting them once a fetal heartbeat is detectable (typically around 6 weeks of pregnancy), while requiring physicians to check for and disclose the presence of a heartbeat. It seeks to protect what the bill terms an "unborn child" by criminalizing certain abortion procedures, with limited exceptions for life-threatening situations or cases of rape and incest.

Key Provisions

• Mandatory Heartbeat Check and Disclosure: Physicians must determine, using standard medical practices (e.g., ultrasound), whether a fetal heartbeat is detectable before performing an abortion and must inform the pregnant woman of the results.
• Prohibition on Abortion if Heartbeat Detected: Performing an abortion after detecting a heartbeat is illegal, punishable by a fine, up to 5 years in prison, or both. This applies to both surgical and medication-induced abortions.
• Exceptions:
• Necessary to save the life of the pregnant woman due to a physical disorder, illness, injury, or pregnancy-related condition (psychological or emotional conditions do not qualify).
• Pregnancy resulting from rape of an adult woman, if she has received counseling or medical treatment for the rape at least 48 hours prior.
• Pregnancy resulting from rape or incest involving a minor, if reported to a government child abuse agency or law enforcement before the abortion.
• Documentation Requirements: Physicians must document the heartbeat determination, results, and any exception details in the patient's medical file. For rape/incest exceptions, specific records from licensed hospitals, clinics, physicians, counselors, or law enforcement must be included. These records must be retained under federal privacy regulations (HIPAA rules).
• Additional Rules:
• Counseling or treatment for rape cannot come from abortion-performing facilities (except hospitals).
• If rape is reported to law enforcement or military victim services, some prior requirements are waived.
• Defendants can request a hearing before a state medical board to justify actions in life-saving cases, with findings admissible in court.
• The pregnant woman cannot be prosecuted for the abortion or related offenses.
• Definitions (key terms explained):
• Abortion: Intentional termination of a pregnancy to kill or remove the unborn child, excluding procedures to save the child's life after viability (when the fetus could survive outside the womb) or remove a deceased fetus.
• Unborn child: A human organism from fertilization until live birth.
• Physician: A licensed medical professional authorized to perform abortions.
• Reasonable medical judgment: A decision a prudent doctor would make based on the patient's condition.

Significant Changes to Existing Law

• Amends Chapter 74 of Title 18, U.S. Code (which previously focused only on partial-birth abortions under section 1531) by renaming the chapter from "Partial-Birth Abortions" to "Abortions" and adding a new section 1532 specifically targeting heartbeat-detectable pregnancies.
• Introduces federal criminal penalties for abortions without heartbeat checks or after detection, expanding beyond prior federal limits that mainly addressed late-term procedures.
• Incorporates data retention rules from federal health privacy regulations (45 CFR 164.530) to ensure records of heartbeat determinations and exceptions are preserved, similar to existing medical documentation standards.
• Includes a "severability" clause, meaning if any part is ruled invalid, the rest remains enforceable; also clarifies it does not create a right to abortion or preempt stricter state laws.

Potential Impacts

• On Government Agencies: Increases workload for law enforcement, courts, and state medical boards to investigate, prosecute, and review cases; requires coordination with child abuse and victim services agencies for reporting exceptions.
• On Citizens: Limits access to abortions for many pregnant women after about 6 weeks, potentially affecting early pregnancy decisions; provides protections for victims of rape/incest but adds reporting and documentation burdens that could delay care.
• On Healthcare Providers: Physicians and clinics face new compliance requirements, risk of criminal liability, and potential restrictions on services, which could reduce abortion availability nationwide and strain medical resources.
• On International Relations: Minimal direct impact, though it may influence U.S. positions in global discussions on reproductive rights or aid to countries with differing abortion policies.

Main Stakeholders Affected

• Physicians and Healthcare Providers: Directly liable for violations; must implement new protocols for checks, documentation, and exceptions.
• Pregnant Women: Face restricted abortion options, with exceptions potentially requiring additional steps like reporting trauma or seeking external counseling/treatment.
• Abortion Clinics and Facilities: Operations could be curtailed, especially non-hospital providers, due to prohibitions and sourcing limits for counseling/medical services.
• Law Enforcement and Government Agencies: Responsible for enforcing reporting requirements and investigating violations.
• Victims of Rape or Incest: Benefit from exceptions but may encounter barriers like mandatory disclosures or delays.
• Unborn Children/Fetuses: The bill frames protections for them as a core focus, treating detectable heartbeats as a threshold for legal safeguards.

Notable Legal, Constitutional, or Political Implications

• Legal Implications: Establishes a federal baseline for abortion restrictions, potentially leading to increased litigation over enforcement, documentation standards, and what constitutes "standard medical practice" for heartbeat detection. The severability and non-preemption clauses allow states to maintain or expand restrictions without conflict.
• Constitutional Implications: Could face challenges under the 14th Amendment (due process and equal protection) or privacy rights, especially post-Dobbs v. Jackson (2022), which returned abortion regulation to states but did not address federal limits. Questions may arise on whether it unduly burdens interstate travel for care or conflicts with state laws allowing broader access.
• Political Implications: Reinforces a national anti-abortion framework, likely sparking debates on federal versus state authority over reproductive health; may polarize discussions on fetal personhood (defining "unborn child" from fertilization) and exceptions for trauma victims, influencing future legislation or judicial reviews.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Rep. Kelly, Mike [R-PA-16]

Cosponsors (41)

Rep. Smith, Christopher H. [R-NJ-4], Rep. Aderholt, Robert B. [R-AL-4], Rep. Crenshaw, Dan [R-TX-2], Rep. Miller, Mary E. [R-IL-15], Rep. Burchett, Tim [R-TN-2], Rep. Estes, Ron [R-KS-4], Rep. Weber, Randy K. Sr. [R-TX-14], Rep. Baird, James R. [R-IN-4], Rep. Moolenaar, John R. [R-MI-2], Rep. Webster, Daniel [R-FL-11], Rep. Guthrie, Brett [R-KY-2], Rep. Hudson, Richard [R-NC-9], Rep. Ezell, Mike [R-MS-4], Rep. Allen, Rick W. [R-GA-12], Rep. Fallon, Pat [R-TX-4], Rep. Crane, Elijah [R-AZ-2], Rep. Johnson, Dusty [R-SD-At Large], Rep. Fleischmann, Charles J. "Chuck" [R-TN-3], Rep. Bost, Mike [R-IL-12], Rep. LaHood, Darin [R-IL-16], Rep. Kelly, Trent [R-MS-1], Rep. Scott, Austin [R-GA-8], Rep. Feenstra, Randy [R-IA-4], Rep. Bilirakis, Gus M. [R-FL-12], Rep. Thompson, Glenn [R-PA-15], Rep. Grothman, Glenn [R-WI-6], Rep. Moore, Barry [R-AL-1], Rep. Tenney, Claudia [R-NY-24], Rep. Fulcher, Russ [R-ID-1], Rep. Mann, Tracey [R-KS-1], Rep. Guest, Michael [R-MS-3], Rep. Smucker, Lloyd [R-PA-11], Rep. Williams, Roger [R-TX-25], Rep. Kustoff, David [R-TN-8], Rep. Harris, Andy [R-MD-1], Rep. Gosar, Paul A. [R-AZ-9], Rep. Harris, Mark [R-NC-8], Rep. Rutherford, John H. [R-FL-5], Rep. Fitzgerald, Scott [R-WI-5], Rep. Biggs, Sheri [R-SC-3], Rep. Massie, Thomas [R-KY-4]

Recent Actions

• 2025-01-23: Referred to the House Committee on the Judiciary.
• 2025-01-23: Introduced in House
• 2025-01-23: Introduced in House

Bill Versions

• Heartbeat Protection Act of 2025 — issued 2025-01-23 — PDF (10 pages)