116th CONGRESS 2d Session |
To amend title 18, United States Code, to prohibit certain abortion procedures, and for other purposes.
January 21, 2020
Mr. Biggs introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
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 Representatives of the United States of America in Congress assembled,
This Act may be cited as the “Pregnant Women Health and Safety Act of 2020”.
SEC. 2. Requirement for physicians relating to the performance of abortions.
(a) In general.—Chapter 74 of title 18, United States Code, is amended—
(1) in the chapter heading by striking “Partial-Birth”; and
(2) by inserting after section 1531 the following:
“(a) Definition.—In this section, the term ‘physician’ means a doctor of medicine or osteopathy legally authorized to practice medicine and surgery by the State in which the doctor performs such activity, or any other individual legally authorized by the State to perform abortions.
“(b) Requirements.—A physician who performs an abortion shall—
“(1) have admitting privileges at a hospital located within 15 miles from the principal medical office of the physician and the location in which the abortion is being performed; and
“(2) at the time of the abortion, notify the patient involved of the hospital location where the patient can receive follow-up care by the physician if complications resulting from the abortion arise.
“(c) Offense.—It shall be unlawful for a physician, in or affecting interstate or foreign commerce, to knowingly perform an abortion and, in doing so, fail to comply with subsection (b).
“(d) Penalty.—Any physician who violates subsection (c) shall be fined under this title, imprisoned not more than 2 years, or both.
“(e) Limitation.—A woman upon whom a procedure described in subsection (c) 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.”.
(b) Technical and conforming amendments.—
(1) CHAPTER 74.—The table of sections for such chapter is amended by inserting after the item relating to section 1531 the following:
“1532. Prohibition on certain procedures.”.
(2) PART I.—The table of chapters for part I of title 18, United States Code, is amended by striking item relating to chapter 74 and inserting the following:
- “74. Abortions 1531”.
SEC. 3. Requirement of abortion clinics.
(a) In general.—Subject to subsection (b), as a condition for receiving any Federal funds or assistance, an abortion clinic shall—
(1) be licensed by the State in which it is located; and
(2) be in compliance with the requirements for ambulatory surgery centers under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.), except for any requirement relating to a certificate of public need for State licensing purposes.
(b) Waiver.—For purposes of complying with subsection (a)(2) with respect to an abortion clinic, a State board of health may waive the application of certain structural requirements (as the Secretary of Health and Human Services determines appropriate).
(c) Definition.—In this section, the term “abortion clinic” means a facility, other than a hospital or ambulatory surgery center, in which first, second, or third trimester abortions are performed during any 12-month period.