Pregnant Women Health and Safety Act of 2021

II 117TH CONGRESS 1ST SESSION S. 83 To amend title 18, United States Code, to prohibit certain abortion procedures, and for other purposes. IN THE SENATE OF THE UNITED STATES JANUARY 28, 2021 Mr. KENNEDY (for himself, Mr. BRAUN, Mr. CRAMER, Mrs. HYDE-SMITH, Mr. INHOFE, Mr. MARSHALL, Mr. ROUNDS, and Mr. TILLIS) introduced the following bill; which was read twice and referred to the Committee on the Judiciary 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 2021’’. 5 SEC. 2. REQUIREMENT FOR PHYSICIANS RELATING TO THE 6 PERFORMANCE OF ABORTIONS. 7 (a) IN GENERAL.—Chapter 74 of title 18, United 8 States Code, is amended— 9 VerDate Sep 11 2014 19:05 Feb 09, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S83.IS S83 pamtmann on DSKBC07HB2PROD with BILLS 2 •S 83 IS (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) DEFINITION.—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) REQUIREMENTS.—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) OFFENSE.—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 19:05 Feb 09, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S83.IS S83 pamtmann on DSKBC07HB2PROD with BILLS 3 •S 83 IS ‘‘(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) LIMITATION.—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) TECHNICAL AND CONFORMING AMENDMENTS.— 9 (1) CHAPTER 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) IN GENERAL.—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 19:05 Feb 09, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S83.IS S83 pamtmann on DSKBC07HB2PROD with BILLS 4 •S 83 IS 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) WAIVER.—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) DEFINITION.—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 19:05 Feb 09, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\S83.IS S83 pamtmann on DSKBC07HB2PROD with BILLS