I 119THCONGRESS 1 STSESSION H. R. 78 To amend title 18, United States Code, to prohibit certain abortion procedures, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JANUARY3, 2025 Mr. B IGGSof Arizona (for himself and Mr. ALLEN) introduced the following bill; which was referred to the Committee on the Judiciary, and in addi- tion to the Committee on Energy and Commerce, for a period to be sub- sequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction 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 2025’’. 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 VerDate Sep 11 2014 02:32 Jan 29, 2025 Jkt 059200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H78.IH H78 ssavage on LAPJG3WLY3PROD with BILLS 2 •HR 78 IH (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 VerDate Sep 11 2014 02:32 Jan 29, 2025 Jkt 059200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H78.IH H78 ssavage on LAPJG3WLY3PROD with BILLS 3 •HR 78 IH ‘‘(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 VerDate Sep 11 2014 02:32 Jan 29, 2025 Jkt 059200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H78.IH H78 ssavage on LAPJG3WLY3PROD with BILLS 4 •HR 78 IH 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 VerDate Sep 11 2014 02:32 Jan 29, 2025 Jkt 059200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\H78.IH H78 ssavage on LAPJG3WLY3PROD with BILLS