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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Pregnant Women 

5 Health and Safety Act of 2021’’. 

6 SEC. 2. REQUIREMENT FOR PHYSICIANS RELATING TO THE 

7 PERFORMANCE OF ABORTIONS. 

8 (a) IN GENERAL.—Chapter 74 of title 18, United 

9 States Code, is amended— 


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1 (1) in the chapter heading by striking ‘‘PAR2 TIAL-BIRTH’’; and 

3 (2) by inserting after section 1531 the fol4 lowing: 

5 ‘‘§ 1532. Prohibition on certain procedures 

6 ‘‘(a) DEFINITION.—In this section, the term ‘physi7 cian’ means a doctor of medicine or osteopathy legally au8 thorized to practice medicine and surgery by the State in 

9 which the doctor performs such activity, or any other indi10 vidual legally authorized by the State to perform abor11 tions. 

12 ‘‘(b) REQUIREMENTS.—A physician who performs an 

13 abortion shall— 

14 ‘‘(1) have admitting privileges at a hospital lo15 cated within 15 miles from the principal medical of16 fice of the physician and the location in which the 

17 abortion is being performed; and 

18 ‘‘(2) at the time of the abortion, notify the pa19 tient involved of the hospital location where the pa20 tient can receive follow-up care by the physician if 

21 complications resulting from the abortion arise. 

22 ‘‘(c) OFFENSE.—It shall be unlawful for a physician, 

23 in or affecting interstate or foreign commerce, to know24 ingly perform an abortion and, in doing so, fail to comply 

25 with subsection (b). 


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1 ‘‘(d) PENALTY.—Any physician who violates sub2 section (c) shall be fined under this title, imprisoned not 

3 more than 2 years, or both. 

4 ‘‘(e) LIMITATION.—A woman upon whom a procedure 

5 described in subsection (c) is performed may not be pros6 ecuted under this section, for a conspiracy to violate this 

7 section, or for an offense under section 2, 3, or 4 of this 

8 title based on a violation of this section.’’. 

9 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

10 (1) CHAPTER 74.—The table of sections for 

11 such chapter is amended by inserting after the item 

12 relating to section 1531 the following: 

‘‘1532. Prohibition on certain procedures.’’. 

13 (2) PART I.—The table of chapters for part I 

14 of title 18, United States Code, is amended by strik15 ing the item relating to chapter 74 and inserting the 

16 following: 

‘‘74. Abortions .......................................................................................... 1531’’. 

17 SEC. 3. REQUIREMENT OF ABORTION CLINICS. 

18 (a) IN GENERAL.—Subject to subsection (b), as a 

19 condition for receiving any Federal funds or assistance, 

20 an abortion clinic shall— 

21 (1) be licensed by the State in which it is lo22 cated; and 

23 (2) be in compliance with the requirements for 

24 ambulatory surgery centers under title XVIII of the 


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1 Social Security Act (42 U.S.C. 1395 et seq.), except 

2 for any requirement relating to a certificate of public 

3 need for State licensing purposes. 

4 (b) WAIVER.—For purposes of complying with sub5 section (a)(2) with respect to an abortion clinic, a State 

6 board of health may waive the application of certain struc7 tural requirements (as the Secretary of Health and 

8 Human Services determines appropriate). 

9 (c) DEFINITION.—In this section, the term ‘‘abortion 

10 clinic’’ means a facility, other than a hospital or ambula11 tory surgery center, in which first, second, or third tri12 mester abortions are performed during any 12-month pe13 riod. 

Æ 


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