H.R. 490House115th Congress (2017-2019)In Committee

Heartbeat Protection Act of 2017

Sponsored by Steve KingRep. Steve King (R-IA)
Introduced January 12, 2017

AI-Generated Summary

Updated April 15, 2026 at 11:38 AM UTC

The Heartbeat Protection Act of 2017 would make it a federal crime for a doctor to perform an abortion without first checking, and then informing the patient, whether the fetus has a detectable heartbeat. If a heartbeat is found, the abortion would be prohibited except when needed to save the mother’s life from a physical health problem. The bill targets physicians who perform abortions and protects pregnant women from criminal liability.

Key Provisions

  • Creates a new criminal offense for any doctor who knowingly performs an abortion without first determining, by standard medical practice, if the fetus has a detectable heartbeat, and without informing the mother of the result.
  • If a heartbeat is detected, the doctor can be fined and/or sentenced to up to five years in prison.
  • Provides an exception for abortions that are necessary to save the mother’s life when the danger comes from a physical disorder, illness, or injury (psychological or emotional conditions are not covered).
  • Allows a doctor charged under the law to request a hearing before the State Medical Board to decide whether the abortion was needed to save the mother’s life; the trial can be delayed up to 30 days for this hearing.
  • Specifies that the mother who receives an abortion cannot be prosecuted under this law.
  • Requires doctors to keep detailed records in the mother’s medical file of the heartbeat check, the results, the mother’s notification, and any related evidence.
  • Includes a severability clause so that if any part of the section is invalidated, the rest remains in effect.

Legislative Activity

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3 earlier actions
HouseCommittee Latest Action

Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.

February 6, 2017

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HouseIntro Referral

Introduced in House

January 12, 2017

HouseIntro Referral

Referred to the House Committee on the Judiciary.

January 12, 2017

HouseCommittee

Referred to the Subcommittee on the Constitution and Civil Justice.

February 6, 2017

HouseCommittee

Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.

February 6, 2017

Floor Debate

16 members

What members said about H.R. 490 on the floor

16 Republicans
Steve King
Rep. Steve KingR-IA-4 · Nov 3, 2017

Madam Speaker, it is my honor to be recognized to address you here on the floor of the House of Representatives, and I have a couple of topics that I intend to take up for the folks here watching and…

Steve King
Rep. Steve KingR-IA-4 · Mar 20, 2018

Mr. Speaker, it is my honor to be recognized to address you here on the floor of the United States House of Representatives. I come before this floor to address a topic that has been front and center…

Steve King
Rep. Steve KingR-IA-4 · May 8, 2018

Mr. Speaker, it is my privilege to address you here on the floor of the United States House of Representatives and to take up any of the topics that are already in order here, which is most every…

Steve King
Rep. Steve KingR-IA-4 · Apr 27, 2018

Mr. Speaker, I appreciate the privilege and the honor to address you here on the floor of the United States House of Representatives, and I come to the floor today to bring up a list of subjects that…

Steve King
Rep. Steve KingR-IA-4 · Feb 16, 2017

Mr. Speaker, it is my privilege to be recognized to address you here on the floor of the United States House of Representatives, this great deliberative body. To start this off, I yield to the…

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Steve King
Rep. Steve KingR-IA-4 · Feb 5, 2018

Mr. Speaker, it is my privilege and honor to address you here on the floor of the United States House of Representatives, and I appreciate the honor and the privilege to do that. Mr. Speaker, I came…

Steve King
Rep. Steve KingR-IA-4 · Apr 5, 2017

Mr. Speaker, it is my honor to be recognized by you to address you here on the floor of the U.S. House of Representatives. I came to this floor this evening to take up a topic that I think is…

Steve King
Rep. Steve KingR-IA-4 · Mar 6, 2018

Mr. Speaker, it is my privilege to have the opportunity to be here on the floor of the United States House of Representatives. I ask that people who are listening to our conversation weigh heavily on…

Barry Loudermilk
Rep. Barry LoudermilkR-GA-11 · Nov 28, 2018

Mr. Speaker, I thank my friend from Colorado for yielding to me. Mr. Speaker, ours is not the first nation in history to win its sovereignty through a war for independence. Many nations in the…

Doug Lamborn
Rep. Doug LambornR-CO-5 · Nov 28, 2018

Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days in which to revise and extend their remarks and include extraneous materials on the topic of my Special Order. Mr.…

Louie Gohmert
Rep. Louie GohmertR-TX-1 · Feb 5, 2018

Mr. Speaker, I thank the gentleman from Iowa (Mr. King), my dear friend, for all of his work in this area; not just his work, but his leadership. I know his heart beats with a desire to make sure…

Tim Walberg
Rep. Tim WalbergR-MI-7 · Nov 28, 2018

Mr. Speaker, I thank my colleague, Representative Lamborn, and I appreciate his intentionality in bringing us together each year to talk about this, having had that opportunity, now into my fifth…

Christopher H. Smith
Rep. Christopher H. SmithR-NJ-4 · Jan 17, 2018

Mr. Speaker, it is my privilege and honor, as we approach the March for Life on Friday, to remember the infamous Supreme Court decision that has resulted in the loss of some 60 million unborn babies…

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K. Michael Conaway
Rep. K. Michael ConawayR-TX-11 · Nov 28, 2018

Mr. Speaker, I thank the gentleman for the time and for leading this effort tonight to recognize National Bible Week and the importance of it. Mr. Speaker, above your head is emblazoned the national…

Doug LaMalfa
Rep. Doug LaMalfaR-CA-1 · Mar 6, 2018

Mr. Speaker, I am, indeed, pleased to join my colleague from Iowa (Mr. King) tonight, who has been a very strong, tireless leader on this issue and many other important ones for our Congress and our…

Keith J. Rothfus
Rep. Keith J. RothfusR-PA-12 · Mar 6, 2018

Mr. Speaker, I would like to commend Mr. King for his work on the Heartbeat Protection Act. It gives us an opportunity to reflect on some of those bigger issues that we have going on in our society.…

Rick W. Allen
Rep. Rick W. AllenR-GA-12 · Nov 28, 2018

Mr. Speaker, it is indeed a pleasure to rise here tonight with my friends and colleagues in recognition of National Bible Week, which we celebrated last week during the Thanksgiving holiday. It is my…

Ron DeSantis
Rep. Ron DeSantisR-FL-6 · Nov 3, 2017

Madam Speaker, I thank my friend from Iowa for his leadership. Madam Speaker, it was really distressing to hear that Christ Church in Alexandria is removing a monument honoring its most famous…

Mike Johnson
Rep. Mike JohnsonR-LA-4 · Nov 28, 2018

Mr. Speaker, I thank my colleague, Congressman Lamborn, for organizing this Special Order, recognizing the 77th annual National Bible Week in America. As we know and has been said today, this is a…

Mike Kelly
Rep. Mike KellyR-PA-3 · Jan 17, 2018

Mr. Speaker, I thank the gentleman for yielding. Mr. Speaker, I think the interesting part of our conversation tonight is what we are talking about. We are talking about the Born-Alive Abortion…

Earl L. "Buddy" Carter
Rep. Earl L. "Buddy" CarterR-GA-1 · Apr 27, 2018

Mr. Speaker, I thank the gentleman for yielding. Mr. Speaker, I rise today to recognize Ms. Patricia ``Trish'' DePriest, who will be retiring this week as a casework manager after 34 years of working…

Garret Graves
Rep. Garret GravesR-LA-6 · Jan 17, 2018

Mr. Speaker, I want to thank Mr. Smith for his leadership in this effort for so many decades. Mr. Speaker, we spend millions of dollars every year in this Nation-- in fact, in some cases, billions of…

Brian Babin
Rep. Brian BabinR-TX-36 · Nov 28, 2018

Mr. Speaker, I thank my friend and colleague from Colorado, Doug Lamborn, for yielding to me. As we celebrate the 77th annual National Bible Week, I want to remind you that it falls on the same week…

Tim Walberg
Rep. Tim WalbergR-MI-7 · Jan 17, 2018

Mr. Speaker, I thank the gentleman for yielding. This past Sunday, I stood at the side of a casket of a beloved longtime friend who had just turned 95 years of age 5 days before. Up until almost her…

Bill Text

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Introduced in HouseIssued January 12, 2017

I

115th CONGRESS

1st Session

H. R. 490

IN THE HOUSE OF REPRESENTATIVES

January 12, 2017

Mr. King of Iowa (for himself and Mr. Franks of Arizona) 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.

Short title

This Act may be cited as the Heartbeat Protection Act of 2017.

2.

Abortions prohibited without a check for fetal heartbeat, or if a fetal heartbeat is detectable

(a)

Abortions prohibited without a check for fetal heartbeat, or if a fetal heartbeat is detectable

Chapter 74 of title 18, United States Code, is amended—

(1)

in the chapter heading, by striking Partial-Birth

(2)

by inserting after section 1531 the following:

1532.

Abortions prohibited without a check for fetal heartbeat, or if a fetal heartbeat is detectable

(a)

Offense

Any physician who knowingly performs an abortion and thereby kills a human fetus—

(1)

without determining, according to standard medical practice, whether the fetus has a detectable heartbeat;

(2)

without informing the mother of the results of that determination; or

(3)

after determining, according to standard medical practice, that the fetus has a detectable heartbeat,

shall be fined under this title or imprisoned not more than 5 years, or both. This subsection does not apply to an abortion that is necessary to save the life of a mother 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.
(b)

Defendant may seek hearing

A defendant indicted for an offense under this section may seek a hearing before the State Medical Board on whether the physician's conduct was necessary to save the life of the mother whose life was 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. The findings on that issue are admissible on that issue at the trial of the defendant. Upon a motion of the defendant, the court shall delay the beginning of the trial for not more than 30 days to permit such a hearing to take place.

(c)

No liability for the mother on whom abortion is performed

A mother upon whom an abortion is performed may not be prosecuted under this section, for a conspiracy to violate this section, or for an offense under section 2, 3, or 4 of this title based on a violation of this section.

(d)

Requirement for data retention

The physician shall include in the medical file of the mother documentation of the determination, according to standard medical practice, of whether the fetus has a detectable heartbeat, the results of that determination, notification of the mother of those results, and any information entered into evidence in any proceedings under subsection (b). Paragraph (j)(2) of section 164.530 of title 45, Code of Federal Regulations, shall apply to such documentation.

(e)

Severability

If any provision of this section or the application of such provision to any person or circumstance is held to be invalid, the remainder of this section and the application of the provisions of the remainder to any person or circumstance shall not be affected thereby.

; and

(3)

in the table of sections, by inserting after the item pertaining to section 1841 the following:

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

.

(b)

Clerical amendment

The table of chapters for part I of title 18, United States Code, is amended, in the item relating to chapter 74, to read as follows:

74.Abortions1531

.