I
118THCONGRESS
1
STSESSION H. R. 116
To amend title 18, United States Code, to prohibit certain abortion
procedures, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JANUARY9, 2023
Mr. B
IGGSintroduced the following bill; which was referred to the Committee
on the Judiciary, and in addition to the Committee on Energy and Com-
merce, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the jurisdic-
tion of the committee concerned
A BILL
To amend title 18, United States Code, to prohibit certain
abortion procedures, and for other purposes.
Be it enacted by the Senate and House of Representa-1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLE. 3
This Act may be cited as the ‘‘Pregnant Women 4
Health and Safety Act of 2023’’. 5
SEC. 2. REQUIREMENT FOR PHYSICIANS RELATING TO THE 6
PERFORMANCE OF ABORTIONS. 7
(a) I
NGENERAL.—Chapter 74 of title 18, United 8
States Code, is amended— 9
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(1) in the chapter heading by striking ‘‘PAR-1
TIAL-BIRTH’’; and 2
(2) by inserting after section 1531 the fol-3
lowing: 4
‘‘§ 1532. Prohibition on certain procedures 5
‘‘(a) D
EFINITION.—In this section, the term ‘physi-6
cian’ means a doctor of medicine or osteopathy legally au-7
thorized to practice medicine and surgery by the State in 8
which the doctor performs such activity, or any other indi-9
vidual legally authorized by the State to perform abor-10
tions. 11
‘‘(b) R
EQUIREMENTS.—A physician who performs an 12
abortion shall— 13
‘‘(1) have admitting privileges at a hospital lo-14
cated within 15 miles from the principal medical of-15
fice of the physician and the location in which the 16
abortion is being performed; and 17
‘‘(2) at the time of the abortion, notify the pa-18
tient involved of the hospital location where the pa-19
tient can receive follow-up care by the physician if 20
complications resulting from the abortion arise. 21
‘‘(c) O
FFENSE.—It shall be unlawful for a physician, 22
in or affecting interstate or foreign commerce, to know-23
ingly perform an abortion and, in doing so, fail to comply 24
with subsection (b). 25
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‘‘(d) PENALTY.—Any physician who violates sub-1
section (c) shall be fined under this title, imprisoned not 2
more than 2 years, or both. 3
‘‘(e) L
IMITATION.—A woman upon whom a procedure 4
described in subsection (c) is performed may not be pros-5
ecuted under this section, for a conspiracy to violate this 6
section, or for an offense under section 2, 3, or 4 of this 7
title based on a violation of this section.’’. 8
(b) T
ECHNICAL ANDCONFORMINGAMENDMENTS.— 9
(1) C
HAPTER 74.—The table of sections for 10
such chapter is amended by inserting after the item 11
relating to section 1531 the following: 12
‘‘1532. Prohibition on certain procedures.’’.
(2) PART I.—The table of chapters for part I 13
of title 18, United States Code, is amended by strik-14
ing the item relating to chapter 74 and inserting the 15
following: 16
‘‘74. Abortions .......................................................................................... 1531’’.
SEC. 3. REQUIREMENT OF ABORTION CLINICS.
17
(a) I
NGENERAL.—Subject to subsection (b), as a 18
condition for receiving any Federal funds or assistance, 19
an abortion clinic shall— 20
(1) be licensed by the State in which it is lo-21
cated; and 22
(2) be in compliance with the requirements for 23
ambulatory surgery centers under title XVIII of the 24
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Social Security Act (42 U.S.C. 1395 et seq.), except 1
for any requirement relating to a certificate of public 2
need for State licensing purposes. 3
(b) W
AIVER.—For purposes of complying with sub-4
section (a)(2) with respect to an abortion clinic, a State 5
board of health may waive the application of certain struc-6
tural requirements (as the Secretary of Health and 7
Human Services determines appropriate). 8
(c) D
EFINITION.—In this section, the term ‘‘abortion 9
clinic’’ means a facility, other than a hospital or ambula-10
tory surgery center, in which first, second, or third tri-11
mester abortions are performed during any 12-month pe-12
riod. 13
Æ
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