I 
118TH CONGRESS 
1ST SESSION 
H. R. 116 
To amend title 18, United States Code, to prohibit certain abortion 
procedures, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 9, 2023 
Mr. BIGGS introduced the following bill; which was referred to the Committee 
on the Judiciary, and in addition to the Committee on Energy and Com-
merce, for a period to be subsequently determined by the Speaker, in 
each case for consideration of such provisions as fall within the jurisdic-
tion 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-
tives 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 2023’’. 
SEC. 2. REQUIREMENT FOR PHYSICIANS RELATING TO THE 
PERFORMANCE OF ABORTIONS. 
(a) IN GENERAL.—Chapter 74 of title 18, United 
States Code, is amended— 
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(1) in the chapter heading by striking ‘‘PAR-
TIAL-BIRTH’’; and 
(2) by inserting after section 1531 the fol-
lowing: 
‘‘§ 1532. Prohibition on certain procedures 
‘‘(a) DEFINITION.—In this section, the term ‘physi-
cian’ means a doctor of medicine or osteopathy legally au-
thorized to practice medicine and surgery by the State in 
which the doctor performs such activity, or any other indi-
vidual legally authorized by the State to perform abor-
tions. 
‘‘(b) REQUIREMENTS.—A physician who performs an 
abortion shall— 
‘‘(1) have admitting privileges at a hospital lo-
cated within 15 miles from the principal medical of-
fice of the physician and the location in which the 
abortion is being performed; and 
‘‘(2) at the time of the abortion, notify the pa-
tient involved of the hospital location where the pa-
tient 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 know-
ingly perform an abortion and, in doing so, fail to comply 
with subsection (b). 
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‘‘(d) PENALTY.—Any physician who violates sub-
section (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 pros-
ecuted 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 strik-
ing 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 lo-
cated; and 
(2) be in compliance with the requirements for 
ambulatory surgery centers under title XVIII of the 
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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 sub-
section (a)(2) with respect to an abortion clinic, a State 
board of health may waive the application of certain struc-
tural 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 ambula-
tory surgery center, in which first, second, or third tri-
mester abortions are performed during any 12-month pe-
riod. 
Æ 
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