119-hr1525

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1525 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 1525

 To prohibit the use or declaration of a public health emergency with 
 respect to abortion, and for other purposes.

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 February 24, 2025

 Mr. Hern of Oklahoma (for himself, Mr. Aderholt, Mr. Feenstra, Mr. 
 Moolenaar, Mr. Baird, Mr. Weber of Texas, Mr. Webster of Florida, Mr. 
 Crenshaw, Mr. Newhouse, Mr. Green of Tennessee, Ms. Boebert, Mr. 
Rutherford, Mr. Bost, Mr. Guest, Mr. Self, Mr. Downing, Mrs. Miller of 
 Illinois, Mr. Davidson, Mr. Rose, Mr. Harrigan, and Mr. LaMalfa) 
 introduced the following bill; which was referred to the Committee on 
 Energy and Commerce

_______________________________________________________________________

 A BILL

 To prohibit the use or declaration of a public health emergency with 
 respect to abortion, and for other purposes.

 Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

 This Act may be cited as the ``Protecting Life from Chemical 
Abortions Act''.

SEC. 2. NO DECLARATION OF PUBLIC HEALTH EMERGENCY WITH RESPECT TO 
 ABORTION.

    (a) Prohibition.--The Secretary of Health and Human Services shall 
not use or declare any public health emergency under 

section 319 or 
319F-3 of the Public Health Service Act (42 U.S.C. 247d, 247d-6b) with 
respect to abortion.

    (b) Termination of Any Declaration in Effect.--Any declaration 
described in subsection

    (a) that is in effect as of the date of 
enactment of this Act is hereby terminated.

SEC. 3. LIMITATIONS ON ABORTION DRUG.

    (a) In General.--The Secretary of Health and Human Services, the 
Commissioner of Food and Drugs, or any other official within the 
Department of Health and Human Services, with respect to the applicable 
risk evaluation and mitigation strategy under 

section 505-1 of the 
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355-1) relating to 
abortion drugs--

    (1) may not exercise enforcement discretion with respect to 
 any requirement under such strategy; and

    (2) shall, effective on the date of the enactment of this 
 Act, reinstate the requirement under such strategy that 
 abortion drugs be dispensed in only clinics, medical offices, 
 and hospitals by or under the supervision of a certified health 
 care provider (commonly referred to as the ``in-person 
 dispensing requirement'').

    (b) Other Limitations.--With respect to the applicable risk 
evaluation and mitigation strategy under 

section 505-1 of the Federal 
Food, Drug, and Cosmetic Act (21 U.S.C. 355-1) relating to an abortion 
drug, the Secretary of Health and Human Services, the Commissioner of 
Food and Drugs, or any other official within the Department of Health 
and Human Services--

    (1) may not reduce protections (including by means of any 
 update) in such strategy until every State submits to the 
 abortion surveillance system of the Centers for Disease Control 
 and Prevention the abortion data collected in the aggregate 
 from the States and entered into a standardized worksheet that 
 includes questions on the variables specified in subsection
            (c) ; and

    (2) may not waive the requirement under such strategy that 
 such drugs be dispensed in only clinics, medical offices, and 
 hospitals by or under the supervision of a certified health 
 care provider (commonly referred to as the ``in-person 
 dispensing requirement'').
            (c) Mandatory Variables.--The mandatory variables specified in this 
subsection shall be treated as mandatory questions for purposes of 

section 1903

    (bb) of the Social Security Act (42 U.S.C. 1396b

    (bb) ) and 
shall include the following:

    (1) Maternal age in years.

    (2) Gestational age in completed weeks at the time of 
 abortion.

    (3) Maternal race.

    (4) Maternal ethnicity.

    (5) Maternal race by ethnicity.

    (6) The abortion method type.

    (7) Maternal marital status.

    (8) Previous pregnancies of the mother, including the 
 number of previous live births, the number of previous induced 
 abortions, and the number of previous spontaneous abortions.

    (9) Maternal residence (State or county).

    (10) Whether the child survived the abortion.

    (11) Congenital anomalies.
            (d) === Definitions. ===
-In this section:

    (1) The term ``abortion'' means the use or provision of any 
 instrument, medicine, drug, or any other substance or device--
        (A) to intentionally kill the unborn child of a 
 woman known to be pregnant; or
        (B) to intentionally terminate the pregnancy of a 
 woman known to be pregnant, with an intention other 
 than--
            (i) after viability to produce a live birth 
 that, if premature, is medically indicated, and 
 to preserve the life and health of the child 
 born alive;
            (ii) to treat an ectopic pregnancy; or
            (iii) to remove a dead unborn child.

    (2) The term ``abortion drug'' means any medicine, drug, or 
 any other substance or combination of drugs, medicine, or 
 substances used for an abortion.

    (3) The term ``certified health care provider'' means a 
 health care provider that has completed a Prescriber Agreement 
 Form pursuant to the elements for safe use under the applicable 
 risk evaluation and mitigation strategy under 

section 505-1 of 
 the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355-1) 
 relating to abortion drugs, under which the provider agrees to 
 the following:
        (A) The provider has the following qualifications:
            (i) Ability to assess the duration of 
 pregnancy accurately.
            (ii) Ability to diagnose ectopic 
 pregnancies.
            (iii) Ability to provide surgical 
 intervention in cases of incomplete abortion or 
 severe bleeding, or to have made plans to 
 provide such care through others, and ability 
 to assure patient access to medical facilities 
 equipped to provide blood transfusions and 
 resuscitation, if necessary.
        (B) The provider will follow the guidelines for use 
 of mifepristone under the applicable risk evaluation 
 and mitigation strategy under 

section 505-1 of the 
 Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355-1) 
 relating to abortion drugs.

    (4) The term ``unborn child'' means an individual organism 
 of the species homo sapiens, beginning at fertilization, until 
 the point of being born alive as defined in 

section 8

    (b) of 
 title 18, United States Code.
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