II
116th CONGRESS
2d Session
S. 3226
IN THE SENATE OF THE UNITED STATES
January 21, 2020
Mr. Kennedy 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.
Short title
This Act may be cited as the Pregnant Women Health and Safety Act of 2020
.
Requirement for physicians relating to the performance of abortions
In general
Chapter 74 of title 18, United States Code, is amended—
in the chapter heading by striking Partial-Birth
; and
by inserting after section 1531 the following:
Prohibition on certain procedures
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.
Requirements
A physician who performs an abortion shall—
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
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.
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).
Penalty
Any physician who violates subsection (c) shall be fined under this title, imprisoned not more than 2 years, or both.
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.
.
Technical and conforming amendments
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.
.
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:
.
Requirement of abortion clinics
In general
Subject to subsection (b), as a condition for receiving any Federal funds or assistance, an abortion clinic shall—
be licensed by the State in which it is located; and
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.
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).
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.
