119-hr78

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 78 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 78

 To amend title 18, United States Code, to prohibit certain abortion 
 procedures, and for other purposes.

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 January 3, 2025

 Mr. Biggs of Arizona (for himself and Mr. Allen) 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

_______________________________________________________________________

 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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

 This Act may be cited as the ``Pregnant Women Health and Safety Act 
of 2025''.

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:
``

Sec. 1532. Prohibition on certain procedures
 ``

    (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 the 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.
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