Us Congress 2023-2024 Regular Session

Us Congress House Bill HB116 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	I
2	2	118THCONGRESS
3	3	1
4	4	STSESSION H. R. 116
5	5	To amend title 18, United States Code, to prohibit certain abortion
6	6	procedures, and for other purposes.
7	7	IN THE HOUSE OF REPRESENTATIVES
8	8	JANUARY9, 2023
9	9	Mr. B
10	10	IGGSintroduced the following bill; which was referred to the Committee
11	11	on the Judiciary, and in addition to the Committee on Energy and Com-
12	12	merce, for a period to be subsequently determined by the Speaker, in
13	13	each case for consideration of such provisions as fall within the jurisdic-
14	14	tion of the committee concerned
15	15	A BILL
16	16	To amend title 18, United States Code, to prohibit certain
17	17	abortion procedures, and for other purposes.
18	18	Be it enacted by the Senate and House of Representa-1
19	19	tives of the United States of America in Congress assembled, 2
20	20	SECTION 1. SHORT TITLE. 3
21	21	This Act may be cited as the ‘‘Pregnant Women 4
22	22	Health and Safety Act of 2023’’. 5
23	23	SEC. 2. REQUIREMENT FOR PHYSICIANS RELATING TO THE 6
24	24	PERFORMANCE OF ABORTIONS. 7
25	25	(a) I
26	26	NGENERAL.—Chapter 74 of title 18, United 8
27	27	States Code, is amended— 9
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30	30	•HR 116 IH
31	31	(1) in the chapter heading by striking ‘‘PAR-1
32	32	TIAL-BIRTH’’; and 2
33	33	(2) by inserting after section 1531 the fol-3
34	34	lowing: 4
35	35	‘‘§ 1532. Prohibition on certain procedures 5
36	36	‘‘(a) D
37	37	EFINITION.—In this section, the term ‘physi-6
38	38	cian’ means a doctor of medicine or osteopathy legally au-7
39	39	thorized to practice medicine and surgery by the State in 8
40	40	which the doctor performs such activity, or any other indi-9
41	41	vidual legally authorized by the State to perform abor-10
42	42	tions. 11
43	43	‘‘(b) R
44	44	EQUIREMENTS.—A physician who performs an 12
45	45	abortion shall— 13
46	46	‘‘(1) have admitting privileges at a hospital lo-14
47	47	cated within 15 miles from the principal medical of-15
48	48	fice of the physician and the location in which the 16
49	49	abortion is being performed; and 17
50	50	‘‘(2) at the time of the abortion, notify the pa-18
51	51	tient involved of the hospital location where the pa-19
52	52	tient can receive follow-up care by the physician if 20
53	53	complications resulting from the abortion arise. 21
54	54	‘‘(c) O
55	55	FFENSE.—It shall be unlawful for a physician, 22
56	56	in or affecting interstate or foreign commerce, to know-23
57	57	ingly perform an abortion and, in doing so, fail to comply 24
58	58	with subsection (b). 25
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62	62	‘‘(d) PENALTY.—Any physician who violates sub-1
63	63	section (c) shall be fined under this title, imprisoned not 2
64	64	more than 2 years, or both. 3
65	65	‘‘(e) L
66	66	IMITATION.—A woman upon whom a procedure 4
67	67	described in subsection (c) is performed may not be pros-5
68	68	ecuted under this section, for a conspiracy to violate this 6
69	69	section, or for an offense under section 2, 3, or 4 of this 7
70	70	title based on a violation of this section.’’. 8
71	71	(b) T
72	72	ECHNICAL ANDCONFORMINGAMENDMENTS.— 9
73	73	(1) C
74	74	HAPTER 74.—The table of sections for 10
75	75	such chapter is amended by inserting after the item 11
76	76	relating to section 1531 the following: 12
77	77	‘‘1532. Prohibition on certain procedures.’’.
78	78	(2) PART I.—The table of chapters for part I 13
79	79	of title 18, United States Code, is amended by strik-14
80	80	ing the item relating to chapter 74 and inserting the 15
81	81	following: 16
82	82	‘‘74. Abortions .......................................................................................... 1531’’.
83	83	SEC. 3. REQUIREMENT OF ABORTION CLINICS.
84	84	17
85	85	(a) I
86	86	NGENERAL.—Subject to subsection (b), as a 18
87	87	condition for receiving any Federal funds or assistance, 19
88	88	an abortion clinic shall— 20
89	89	(1) be licensed by the State in which it is lo-21
90	90	cated; and 22
91	91	(2) be in compliance with the requirements for 23
92	92	ambulatory surgery centers under title XVIII of the 24
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95	95	•HR 116 IH
96	96	Social Security Act (42 U.S.C. 1395 et seq.), except 1
97	97	for any requirement relating to a certificate of public 2
98	98	need for State licensing purposes. 3
99	99	(b) W
100	100	AIVER.—For purposes of complying with sub-4
101	101	section (a)(2) with respect to an abortion clinic, a State 5
102	102	board of health may waive the application of certain struc-6
103	103	tural requirements (as the Secretary of Health and 7
104	104	Human Services determines appropriate). 8
105	105	(c) D
106	106	EFINITION.—In this section, the term ‘‘abortion 9
107	107	clinic’’ means a facility, other than a hospital or ambula-10
108	108	tory surgery center, in which first, second, or third tri-11
109	109	mester abortions are performed during any 12-month pe-12
110	110	riod. 13
111	111	Æ
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