H.R. 3755House117th Congress (2021-2023)Failed

Women’s Health Protection Act of 2021

Sponsored by Judy ChuRep. Judy Chu (D-CA)
Introduced June 8, 2021

AI-Generated Summary

Updated February 8, 2026 at 4:03 AM UTC

The Women’s Health Protection Act of 2021 seeks to safeguard the right of people who can become pregnant to obtain an abortion and to protect health‑care providers’ ability to offer those services. It bars state and local laws that place burdens on abortion that are not applied to similar medical procedures, and it applies nationwide to all individuals capable of pregnancy and to providers. The law takes effect immediately upon enactment.

Key Provisions

  • Prohibits any state or local restriction on abortion that is more burdensome than those applied to medically comparable procedures, such as mandatory counseling, waiting periods, extra in‑person visits, or bans before fetal viability.
  • Guarantees providers the right to prescribe, dispense, and use telemedicine for abortion drugs and procedures without additional limits not applied to comparable care.
  • Allows courts to strike down offending restrictions and gives a private right of action to individuals and providers, while the Attorney General may also sue states or officials.
  • Preempts conflicting state laws except for regulations on clinic entrances, insurance coverage, certain criminal statutes, and generally applicable contract law.
  • Requires that any limitation be shown to significantly advance abortion safety or patient health and that no less restrictive alternative exists.

Legislative Activity

Stay on top of the latest movement without scrolling through every action

21 earlier actions
SenateFloor Latest Action

Cloture on the motion to proceed to the measure not invoked in Senate by Yea-Nay Vote. 46 - 48. Record Vote Number: 65. (CR S826)

February 28, 2022

View full timeline
HouseIntro Referral

Introduced in House

June 8, 2021

HouseIntro Referral

Referred to the House Committee on Energy and Commerce.

June 8, 2021

HouseCommittee

Referred to the Subcommittee on Health.

June 9, 2021

HouseFloor

Rules Committee Resolution H. Res. 667 Reported to House. Rule provides for consideration of H.R. 3755, H.R. 4350 and H.R. 5305. Rule provides for one hour of debate on H.R. 3755; one hour of debate on H.R. 4350, with consideration under a structured rule; and one hour of debate on H.R. 5305, with consideration under a closed rule. The rule provides that proceedings may be postponed through October 1, 2021, on measures that were the object of motions to suspend the rules on the legislative days of July 26, July 27, or September 21, 2021 and on which the yeas and nays were ordered. The rule provides that House Resolution 188, agreed to March 8, 2021, is further amended by striking "September 22, 2021" and inserting "October 27, 2021".

September 21, 2021 • 3:48 PM

HouseFloor

Considered under the provisions of rule H. Res. 667. (consideration: CR H5139-5159)

September 24, 2021 • 9:19 AM

HouseFloor

Rule provides for consideration of H.R. 3755, H.R. 4350 and H.R. 5305. Rule provides for one hour of debate on H.R. 3755; one hour of debate on H.R. 4350, with consideration under a structured rule; and one hour of debate on H.R. 5305, with consideration under a closed rule. The rule provides that proceedings may be postponed through October 1, 2021, on measures that were the object of motions to suspend the rules on the legislative days of July 26, July 27, or September 21, 2021 and on which the yeas and nays were ordered. The rule provides that House Resolution 188, agreed to March 8, 2021, is further amended by striking "September 22, 2021" and inserting "October 27, 2021".

September 24, 2021 • 9:19 AM

HouseFloor

DEBATE - The House proceeded with one hour of debate on H.R. 3755.

September 24, 2021 • 9:19 AM

HouseFloor

The previous question was ordered pursuant to the rule.

September 24, 2021 • 10:53 AM

HouseFloor

Ms. Letlow moved to recommit to the Committee on Energy and Commerce. (text: CR H5157)

September 24, 2021 • 10:54 AM

HouseFloor

The previous question on the motion to recommit was ordered pursuant to clause 2(b) of rule XIX.

September 24, 2021 • 10:54 AM

HouseFloor

On motion to recommit Failed by the Yeas and Nays: 210 - 219 (Roll no. 294).

September 24, 2021 • 11:28 AM

HouseFloor

Passed/agreed to in House: On passage Passed by the Yeas and Nays: 218 - 211 (Roll no. 295).

September 24, 2021 • 11:56 AM

HouseFloor

On passage Passed by the Yeas and Nays: 218 - 211 (Roll no. 295).

September 24, 2021 • 11:56 AM

HouseFloor

Motion to reconsider laid on the table Agreed to without objection.

September 24, 2021 • 11:56 AM

SenateIntro Referral

Received in the Senate.

September 27, 2021

SenateCalendars

Read the first time. Placed on Senate Legislative Calendar under Read the First Time.

September 28, 2021

SenateCalendars

Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 139.

September 29, 2021

SenateFloor

Motion to proceed to consideration of measure made in Senate. (CR S797)

February 17, 2022

SenateFloor

Cloture motion on the motion to proceed to the measure presented in Senate. (CR S797)

February 17, 2022

SenateFloor

Motion to proceed to consideration of measure withdrawn in Senate. (CR S797)

February 17, 2022

SenateFloor

Motion to proceed to measure considered in Senate. (CR S819)

February 28, 2022

SenateFloor

Cloture on the motion to proceed to the measure not invoked in Senate by Yea-Nay Vote. 46 - 48. Record Vote Number: 65. (CR S826)

February 28, 2022

Floor Debate

22 members

What members said about H.R. 3755 on the floor

12 Republicans10 Democrats
Deborah K. Ross
Rep. Deborah K. RossD-NC-2 · Sep 21, 2021

Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 667 and ask for its immediate consideration. Mr. Speaker, for the purpose of debate only, I yield the customary 30…

Tom Cole
Rep. Tom ColeR-OK-4 · Sep 21, 2021

Mr. Speaker, I want to thank the gentlewoman from North Carolina (Ms. Ross), my good friend, for yielding me the customary 30 minutes, and I yield myself such time as I may consume. Mr. Speaker, I…

Jerrold Nadler
Rep. Jerrold NadlerD-NY-10 · Sep 24, 2021

Madam Speaker, I include in the Record a letter from The Leadership Conference on Civil and Human Rights and 60 other civil rights organizations in support of the Women's Health Protection Act. The…

Sheila Jackson Lee
Rep. Sheila Jackson LeeD-TX-18 · Sep 21, 2021

Mr. Speaker, the House, led by the Democratic majority, did its job, passing 10 of the 12 appropriations bills earlier this year, but Senate Republicans failed to hold a single markup of…

Mike Johnson
Rep. Mike JohnsonR-LA-4 · Sep 22, 2021

Mr. Speaker, what a mess we have here on our hands. Make no mistake, our country was facing numerous crises when we all left here for the August district work period, and now it has only gotten…

Show 8 more
Nancy Pelosi
Rep. Nancy PelosiD-CA-12 · Sep 21, 2021

Mr. Speaker, I thank the gentlewoman for yielding, the distinguished chair of the Appropriations Committee, Congresswoman DeLauro from Connecticut. Thank you for bringing this important legislation…

Nancy Pelosi
Rep. Nancy PelosiD-CA-12 · Sep 24, 2021

Madam Speaker, I thank the gentleman for yielding and thank him for his leadership on this very important issue and to all of our colleagues in this pro-choice House Democratic Caucus. This is the…

Steny H. Hoyer
Rep. Steny H. HoyerD-MD-5 · Sep 21, 2021

Mr. Speaker, I thank the gentlewoman from Connecticut for yielding, and I want to congratulate her for the job that she has done not in only passing 9 of the 12 appropriation bills that are over in…

Tracey Mann
Rep. Tracey MannR-KS-1 · Sep 22, 2021

Madam Speaker, I rise today to discuss the priorities of the Biden administration because they are not good for the American people. What are the administration's priorities as outlined by the…

Rosa L. DeLauro
Rep. Rosa L. DeLauroD-CT-3 · Sep 21, 2021

Mr. Speaker, pursuant to House Resolution 667, I call up the bill (H.R. 5305) making continuing appropriations for the fiscal year ending September 30, 2022, and for providing emergency assistance,…

Cathy McMorris Rodgers
Rep. Cathy McMorris RodgersR-WA-5 · Sep 24, 2021

Madam Speaker, I yield 2 minutes to the gentleman from Kentucky (Mr. Guthrie), the ranking member on the Health Subcommittee. Madam Speaker, I am pleased to yield 2 minutes to the gentlewoman from…

Kay Granger
Rep. Kay GrangerR-TX-12 · Sep 21, 2021

Mr. Speaker, I yield myself such time as I may consume. I rise today in reluctant opposition to H.R. 5305, a bill that contains many critical items, including a continuing resolution to fund the…

Glenn Grothman
Rep. Glenn GrothmanR-WI-6 · Sep 22, 2021

Mr. Speaker, first of all, I want to respond a little bit to the statement made prior to the gentleman from Louisiana. I think maybe some of the public was misled into believing that people, the…

Show 11 more
Sylvia R. Garcia
Rep. Sylvia R. GarciaD-TX-29 · Sep 22, 2021

Madam Speaker, women's freedom to choose their reproductive care is under attack by politicians who want to control their decisions. A woman's freedom to make a decision on this very private,…

Sheila Jackson Lee
Rep. Sheila Jackson LeeD-TX-18 · Sep 21, 2021

Mr. Speaker, I thank the gentlewoman from North Carolina for her leadership. Let me make a proclamation here on the floor of the House, that when you have the responsibility of governing, you govern.…

Andrew S. Clyde
Rep. Andrew S. ClydeR-GA-9 · Sep 22, 2021

Madam Speaker, I stand before you today on behalf of our Nation's unborn children, children, let me remind you, with heartbeats at 6 weeks, with fingers and toes at 10 weeks, and with the ability to…

John Katko
Rep. John KatkoR-NY-24 · Sep 21, 2021

Mr. Speaker, I rise today in opposition to the previous question and in support of immediately considering legislation I introduced with dozens of my colleagues to address the deadly, record-…

Mike Kelly
Rep. Mike KellyR-PA-16 · Sep 22, 2021

Mr. Speaker, tonight we are going to be talking about the leading causes of death in the United States. I just want to go over this because I think sometimes we become disillusioned with what is…

Sanford D. Bishop, Jr.
Rep. Sanford D. Bishop, Jr.D-GA-2 · Sep 21, 2021

Mr. Speaker, I thank the gentlewoman for yielding. Mr. Speaker, I rise in support of H.R. 5305. As chairman of the Subcommittee on Agriculture, Rural Development, Food and Drug Administration, and…

Daniel Meuser
Rep. Daniel MeuserR-PA-9 · Sep 21, 2021

Mr. Speaker, I thank the Republican leader, the gentlewoman from Texas (Ms. Granger). Mr. Speaker, today, the national debt is a higher percentage of GDP than it has ever been. Our national debt…

Jackie Walorski
Rep. Jackie WalorskiR-IN-2 · Sep 22, 2021

Mr. Speaker, I thank my friend for yielding. Mr. Speaker, this week the House is considering radical legislation that would unravel fundamental human rights and obliterate pro-life laws that are…

Frank Pallone, Jr.
Rep. Frank Pallone, Jr.D-NJ-6 · Sep 24, 2021

Madam Speaker, pursuant to House Resolution 667, I call up the bill (H.R. 3755) to protect a person's ability to determine whether to continue or end a pregnancy, and to protect a health care…

Al Green
Rep. Al GreenD-TX-9 · Sep 21, 2021

Mr. Speaker, I thank the gentlewoman for yielding me the time. I also am most appreciative to the members of the Rules Committee, who have devoted an inordinate amount of time to bringing this…

Burgess Owens
Rep. Burgess OwensR-UT-4 · Sep 22, 2021

Mr. Speaker, I thank my friend from Louisiana. Mr. Speaker, I rise in strong opposition to abortion on demand until birth act. I have watched over the last 40 years as abortionists have targeted my…

Bill Text

3 versions available

Reading Mode
Latest
Placed on Calendar SenateIssued September 29, 2021

II

Calendar No. 139

117th CONGRESS

1st Session

H. R. 3755

IN THE SENATE OF THE UNITED STATES

September 27, 2021

Received

September 28, 2021

Read the first time

September 29, 2021

Read the second time and placed on the calendar

AN ACT

To protect a person’s ability to determine whether to continue or end a pregnancy, and to protect a health care provider’s ability to provide abortion services.

1.

Short title

This Act may be cited as the Women’s Health Protection Act of 2021.

2.

Findings and purpose

(a)

Findings

Congress finds the following:

(1)

Abortion services are essential to health care and access to those services is central to people’s ability to participate equally in the economic and social life of the United States. Abortion access allows people who are pregnant to make their own decisions about their pregnancies, their families, and their lives.

(2)

Since 1973, the Supreme Court repeatedly has recognized the constitutional right to terminate a pregnancy before fetal viability, and to terminate a pregnancy after fetal viability where it is necessary, in the good-faith medical judgment of the treating health care professional, for the preservation of the life or health of the person who is pregnant.

(3)

Nonetheless, access to abortion services has been obstructed across the United States in various ways, including blockades of health care facilities and associated violence, prohibitions of, and restrictions on, insurance coverage; parental involvement laws (notification and consent); restrictions that shame and stigmatize people seeking abortion services; and medically unnecessary regulations that neither confer any health benefit nor further the safety of abortion services, but which harm people by delaying, complicating access to, and reducing the availability of, abortion services.

(4)

Reproductive justice requires every individual to have the right to make their own decisions about having children regardless of their circumstances and without interference and discrimination. Reproductive Justice is a human right that can and will be achieved when all people, regardless of actual or perceived race, color, national origin, immigration status, sex (including gender identity, sex stereotyping, or sexual orientation), age, or disability status have the economic, social, and political power and resources to define and make decisions about their bodies, health, sexuality, families, and communities in all areas of their lives, with dignity and self-determination.

(5)

Reproductive justice seeks to address restrictions on reproductive health, including abortion, that perpetuate systems of oppression, lack of bodily autonomy, white supremacy, and anti-Black racism. This violent legacy has manifested in policies including enslavement, rape, and experimentation on Black women; forced sterilizations; medical experimentation on low-income women’s reproductive systems; and the forcible removal of Indigenous children. Access to equitable reproductive health care, including abortion services, has always been deficient in the United States for Black, Indigenous, and other People of Color (BIPOC) and their families.

(6)

The legacy of restrictions on reproductive health, rights, and justice is not a dated vestige of a dark history. Presently, the harms of abortion-specific restrictions fall especially heavily on people with low incomes, BIPOC, immigrants, young people, people with disabilities, and those living in rural and other medically underserved areas. Abortion-specific restrictions are even more compounded by the ongoing criminalization of people who are pregnant, including those who are incarcerated, living with HIV, or with substance-use disorders. These communities already experience health disparities due to social, political, and environmental inequities, and restrictions on abortion services exacerbate these harms. Removing medically unjustified restrictions on abortion services would constitute one important step on the path toward realizing Reproductive Justice by ensuring that the full range of reproductive health care is accessible to all who need it.

(7)

Abortion-specific restrictions are a tool of gender oppression, as they target health care services that are used primarily by women. These paternalistic restrictions rely on and reinforce harmful stereotypes about gender roles, women’s decision-making, and women’s need for protection instead of support, undermining their ability to control their own lives and well-being. These restrictions harm the basic autonomy, dignity, and equality of women, and their ability to participate in the social and economic life of the Nation.

(8)

The terms “woman” and “women” are used in this bill to reflect the identity of the majority of people targeted and affected by restrictions on abortion services, and to address squarely the targeted restrictions on abortion, which are rooted in misogyny. However, access to abortion services is critical to the health of every person capable of becoming pregnant. This Act is intended to protect all people with the capacity for pregnancy—cisgender women, transgender men, non-binary individuals, those who identify with a different gender, and others—who are unjustly harmed by restrictions on abortion services.

(9)

Since 2011, States and local governments have passed nearly 500 restrictions singling out health care providers who offer abortion services, interfering with their ability to provide those services and the patients’ ability to obtain those services.

(10)

Many State and local governments have imposed restrictions on the provision of abortion services that are neither evidence-based nor generally applicable to the medical profession or to other medically comparable outpatient gynecological procedures, such as endometrial ablations, dilation and curettage for reasons other than abortion, hysteroscopies, loop electrosurgical excision procedures, or other analogous non-gynecological procedures performed in similar outpatient settings including vasectomy, sigmoidoscopy, and colonoscopy.

(11)

Abortion is essential health care and one of the safest medical procedures in the United States. An independent, comprehensive review of the state of science on the safety and quality of abortion services, published by the National Academies of Sciences, Engineering, and Medicine in 2018, found that abortion in the United States is safe and effective and that the biggest threats to the quality of abortion services in the United States are State regulations that create barriers to care. These abortion-specific restrictions conflict with medical standards and are not supported by the recommendations and guidelines issued by leading reproductive health care professional organizations including the American College of Obstetricians and Gynecologists, the Society of Family Planning, the National Abortion Federation, the World Health Organization, and others.

(12)

Many abortion-specific restrictions do not confer any health or safety benefits on the patient. Instead, these restrictions have the purpose and effect of unduly burdening people’s personal and private medical decisions to end their pregnancies by making access to abortion services more difficult, invasive, and costly, often forcing people to travel significant distances and make multiple unnecessary visits to the provider, and in some cases, foreclosing the option altogether. For example, a 2018 report from the University of California San Francisco’s Advancing New Standards in Reproductive Health research group found that in 27 cities across the United States, people have to travel more than 100 miles in any direction to reach an abortion provider.

(13)

An overwhelming majority of abortions in the United States are provided in clinics, not hospitals, but the large majority of counties throughout the United States have no clinics that provide abortion.

(14)

These restrictions additionally harm people’s health by reducing access not only to abortion services but also to other essential health care services offered by many of the providers targeted by the restrictions, including—

(A)

screenings and preventive services, including contraceptive services;

(B)

testing and treatment for sexually transmitted infections;

(C)

LGBTQ health services; and

(D)

referrals for primary care, intimate partner violence prevention, prenatal care and adoption services.

(15)

The cumulative effect of these numerous restrictions has been to severely limit the availability of abortion services in some areas, creating a patchwork system where access to abortion services is more available in some States than in others. A 2019 report from the Government Accountability Office examining State Medicaid compliance with abortion coverage requirements analyzed seven key challenges (identified both by health care providers and research literature) and their effect on abortion access, and found that access to abortion services varied across the States and even within a State.

(16)

International human rights law recognizes that access to abortion is intrinsically linked to the rights to life, health, equality and non-discrimination, privacy, and freedom from ill-treatment. United Nations (UN) human rights treaty monitoring bodies have found that legal abortion services, like other reproductive health care services, must be available, accessible, affordable, acceptable, and of good quality. UN human rights treaty bodies have likewise condemned medically unnecessary barriers to abortion services, including mandatory waiting periods, biased counseling requirements, and third-party authorization requirements.

(17)

Core human rights treaties ratified by the United States protect access to abortion. For example, in 2018, the UN Human Rights Committee, which oversees implementation of the ICCPR, made clear that the right to life, enshrined in Article 6 of the ICCPR, at a minimum requires governments to provide safe, legal, and effective access to abortion where a person’s life and health is at risk, or when carrying a pregnancy to term would cause substantial pain or suffering. The Committee stated that governments must not impose restrictions on abortion which subject women and girls to physical or mental pain or suffering, discriminate against them, arbitrarily interfere with their privacy, or place them at risk of undertaking unsafe abortions. Furthermore, the Committee stated that governments should remove existing barriers that deny effective access to safe and legal abortion, refrain from introducing new barriers to abortion, and prevent the stigmatization of those seeking abortion.

(18)

UN independent human rights experts have expressed particular concern about barriers to abortion services in the United States. For example, at the conclusion of his 2017 visit to the United States, the UN Special Rapporteur on extreme poverty and human rights noted concern that low-income women face legal and practical obstacles to exercising their constitutional right to access abortion services, trapping many women in cycles of poverty. Similarly, in May 2020, the UN Working Group on discrimination against women and girls, along with other human rights experts, expressed concern that some states had manipulated the COVID–19 crisis to restrict access to abortion, which the experts recognized as “the latest example illustrating a pattern of restrictions and retrogressions in access to legal abortion care across the country” and reminded U.S. authorities that abortion care constitutes essential health care that must remain available during and after the pandemic. They noted that barriers to abortion access exacerbate systemic inequalities and cause particular harm to marginalized communities, including low-income people, people of color, immigrants, people with disabilities, and LGBTQ people.

(19)

Abortion-specific restrictions affect the cost and availability of abortion services, and the settings in which abortion services are delivered. People travel across State lines and otherwise engage in interstate commerce to access this essential medical care, and more would be forced to do so absent this Act. Likewise, health care providers travel across State lines and otherwise engage in interstate commerce in order to provide abortion services to patients, and more would be forced to do so absent this Act.

(20)

Health care providers engage in a form of economic and commercial activity when they provide abortion services, and there is an interstate market for abortion services.

(21)

Abortion restrictions substantially affect interstate commerce in numerous ways. For example, to provide abortion services, health care providers engage in interstate commerce to purchase medicine, medical equipment, and other necessary goods and services. To provide and assist others in providing abortion services, health care providers engage in interstate commerce to obtain and provide training. To provide abortion services, health care providers employ and obtain commercial services from doctors, nurses, and other personnel who engage in interstate commerce and travel across State lines.

(22)

It is difficult and time and resource-consuming for clinics to challenge State laws that burden or impede abortion services. Litigation that blocks one abortion restriction may not prevent a State from adopting other similarly burdensome abortion restrictions or using different methods to burden or impede abortion services. There is a history and pattern of States passing successive and different laws that unduly burden abortion services.

(23)

When a health care provider ceases providing abortion services as a result of burdensome and medically unnecessary regulations, it is often difficult or impossible for that health care provider to recommence providing those abortion services, and difficult or impossible for other health care providers to provide abortion services that restore or replace the ceased abortion services.

(24)

Health care providers are subject to license laws in various jurisdictions, which are not affected by this Act except as provided in this Act.

(25)

Congress has the authority to enact this Act to protect abortion services pursuant to—

(A)

its powers under the commerce clause of section 8 of article I of the Constitution of the United States;

(B)

its powers under section 5 of the Fourteenth Amendment to the Constitution of the United States to enforce the provisions of section 1 of the Fourteenth Amendment; and

(C)

its powers under the necessary and proper clause of section 8 of Article I of the Constitution of the United States.

(26)

Congress has used its authority in the past to protect access to abortion services and health care providers’ ability to provide abortion services. In the early 1990s, protests and blockades at health care facilities where abortion services were provided, and associated violence, increased dramatically and reached crisis level, requiring Congressional action. Congress passed the Freedom of Access to Clinic Entrances Act (Public Law 103–259; 108 Stat. 694) to address that situation and protect physical access to abortion services.

(27)

Congressional action is necessary to put an end to harmful restrictions, to federally protect access to abortion services for everyone regardless of where they live, and to protect the ability of health care providers to provide these services in a safe and accessible manner.

(b)

Purpose

It is the purpose of this Act—

(1)

to permit health care providers to provide abortion services without limitations or requirements that single out the provision of abortion services for restrictions that are more burdensome than those restrictions imposed on medically comparable procedures, do not significantly advance reproductive health or the safety of abortion services, and make abortion services more difficult to access;

(2)

to promote access to abortion services and women’s ability to participate equally in the economic and social life of the United States; and

(3)

to invoke Congressional authority, including the powers of Congress under the commerce clause of section 8 of article I of the Constitution of the United States, its powers under section 5 of the Fourteenth Amendment to the Constitution of the United States to enforce the provisions of section 1 of the Fourteenth Amendment, and its powers under the necessary and proper clause of section 8 of article I of the Constitution of the United States.

3.

Definitions

In this Act:

(1)

Abortion services

The term abortion services means an abortion and any medical or non-medical services related to and provided in conjunction with an abortion (whether or not provided at the same time or on the same day as the abortion).

(2)

Government

The term government includes each branch, department, agency, instrumentality, and official of the United States or a State.

(3)

Health care provider

The term health care provider means any entity or individual (including any physician, certified nurse-midwife, nurse practitioner, and physician assistant) that—

(A)

is engaged or seeks to engage in the delivery of health care services, including abortion services, and

(B)

if required by law or regulation to be licensed or certified to engage in the delivery of such services—

(i)

is so licensed or certified, or

(ii)

would be so licensed or certified but for their past, present, or potential provision of abortion services permitted by section 4.

(4)

Medically comparable procedure

The term medically comparable procedures means medical procedures that are similar in terms of health and safety risks to the patient, complexity, or the clinical setting that is indicated.

(5)

Pregnancy

The term pregnancy refers to the period of the human reproductive process beginning with the implantation of a fertilized egg.

(6)

State

The term State includes the District of Columbia, the Commonwealth of Puerto Rico, and each territory and possession of the United States, and any subdivision of any of the foregoing, including any unit of local government, such as a county, city, town, village, or other general purpose political subdivision of a State.

(7)

Viability

The term viability means the point in a pregnancy at which, in the good-faith medical judgment of the treating health care provider, based on the particular facts of the case before the health care provider, there is a reasonable likelihood of sustained fetal survival outside the uterus with or without artificial support.

4.

Permitted services

(a)

General Rule

A health care provider has a statutory right under this Act to provide abortion services, and may provide abortion services, and that provider’s patient has a corresponding right to receive such services, without any of the following limitations or requirements:

(1)

A requirement that a health care provider perform specific tests or medical procedures in connection with the provision of abortion services, unless generally required for the provision of medically comparable procedures.

(2)

A requirement that the same health care provider who provides abortion services also perform specified tests, services, or procedures prior to or subsequent to the abortion.

(3)

A requirement that a health care provider offer or provide the patient seeking abortion services medically inaccurate information in advance of or during abortion services.

(4)

A limitation on a health care provider’s ability to prescribe or dispense drugs based on current evidence-based regimens or the provider’s good-faith medical judgment, other than a limitation generally applicable to the medical profession.

(5)

A limitation on a health care provider’s ability to provide abortion services via telemedicine, other than a limitation generally applicable to the provision of medical services via telemedicine.

(6)

A requirement or limitation concerning the physical plant, equipment, staffing, or hospital transfer arrangements of facilities where abortion services are provided, or the credentials or hospital privileges or status of personnel at such facilities, that is not imposed on facilities or the personnel of facilities where medically comparable procedures are performed.

(7)

A requirement that, prior to obtaining an abortion, a patient make one or more medically unnecessary in-person visits to the provider of abortion services or to any individual or entity that does not provide abortion services.

(8)

A prohibition on abortion at any point or points in time prior to fetal viability, including a prohibition or restriction on a particular abortion procedure.

(9)

A prohibition on abortion after fetal viability when, in the good-faith medical judgment of the treating health care provider, continuation of the pregnancy would pose a risk to the pregnant patient’s life or health.

(10)

A limitation on a health care provider’s ability to provide immediate abortion services when that health care provider believes, based on the good-faith medical judgment of the provider, that delay would pose a risk to the patient’s health.

(11)

A requirement that a patient seeking abortion services at any point or points in time prior to fetal viability disclose the patient’s reason or reasons for seeking abortion services, or a limitation on the provision or obtaining of abortion services at any point or points in time prior to fetal viability based on any actual, perceived, or potential reason or reasons of the patient for obtaining abortion services, regardless of whether the limitation is based on a health care provider’s degree of actual or constructive knowledge of such reason or reasons.

(b)

Other Limitations or Requirements

The statutory right specified in subsection (a) shall not be limited or otherwise infringed through, in addition to the limitations and requirements specified in paragraphs (1) through (11) of subsection (a), any limitation or requirement that—

(1)

is the same as or similar to one or more of the limitations or requirements described in subsection (a); or

(2)

both—

(A)

expressly, effectively, implicitly, or as implemented singles out the provision of abortion services, health care providers who provide abortion services, or facilities in which abortion services are provided; and

(B)

impedes access to abortion services.

(c)

Factors For Consideration

Factors a court may consider in determining whether a limitation or requirement impedes access to abortion services for purposes of subsection (b)(2)(B) include the following:

(1)

Whether the limitation or requirement, in a provider’s good-faith medical judgment, interferes with a health care provider’s ability to provide care and render services, or poses a risk to the patient’s health or safety.

(2)

Whether the limitation or requirement is reasonably likely to delay or deter some patients in accessing abortion services.

(3)

Whether the limitation or requirement is reasonably likely to directly or indirectly increase the cost of providing abortion services or the cost for obtaining abortion services (including costs associated with travel, childcare, or time off work).

(4)

Whether the limitation or requirement is reasonably likely to have the effect of necessitating a trip to the offices of a health care provider that would not otherwise be required.

(5)

Whether the limitation or requirement is reasonably likely to result in a decrease in the availability of abortion services in a given State or geographic region.

(6)

Whether the limitation or requirement imposes penalties that are not imposed on other health care providers for comparable conduct or failure to act, or that are more severe than penalties imposed on other health care providers for comparable conduct or failure to act.

(7)

The cumulative impact of the limitation or requirement combined with other new or existing limitations or requirements.

(d)

Exception

To defend against a claim that a limitation or requirement violates a health care provider’s or patient’s statutory rights under subsection (b), a party must establish, by clear and convincing evidence, that—

(1)

the limitation or requirement significantly advances the safety of abortion services or the health of patients; and

(2)

the safety of abortion services or the health of patients cannot be advanced by a less restrictive alternative measure or action.

5.

Applicability and preemption

(a)

In general

(1)

Except as stated under subsection (b), this Act supersedes and applies to the law of the Federal Government and each State government, and the implementation of such law, whether statutory, common law, or otherwise, and whether adopted before or after the date of enactment of this Act, and neither the Federal Government nor any State government shall administer, implement, or enforce any law, rule, regulation, standard, or other provision having the force and effect of law that conflicts with any provision of this Act, notwithstanding any other provision of Federal law, including the Religious Freedom Restoration Act of 1993 (42 U.S.C. 2000bb et seq.).

(2)

Federal statutory law adopted after the date of the enactment of this Act is subject to this Act unless such law explicitly excludes such application by reference to this Act.

(b)

Limitations

The provisions of this Act shall not supersede or apply to—

(1)

laws regulating physical access to clinic entrances;

(2)

insurance or medical assistance coverage of abortion services;

(3)

the procedure described in section 1531(b)(1) of title 18, United States Code; or

(4)

generally applicable State contract law.

(c)

Defense

In any cause of action against an individual or entity who is subject to a limitation or requirement that violates this Act, in addition to the remedies specified in section 8, this Act shall also apply to, and may be raised as a defense by, such an individual or entity.

6.

Effective date

This Act shall take effect immediately upon the date of enactment of this Act. This Act shall apply to all restrictions on the provision of, or access to, abortion services whether the restrictions are enacted or imposed prior to or after the date of enactment of this Act, except as otherwise provided in this Act.

7.

Rules of construction

(a)

In General

In interpreting the provisions of this Act, a court shall liberally construe such provisions to effectuate the purposes of the Act.

(b)

Rule of Construction

Nothing in this Act shall be construed to authorize any government to interfere with a person’s ability to terminate a pregnancy, to diminish or in any way negatively affect a person’s constitutional right to terminate a pregnancy, or to displace any other remedy for violations of the constitutional right to terminate a pregnancy.

(c)

Other Individuals Considered as Government Officials

Any person who, by operation of a provision of Federal or State law, is permitted to implement or enforce a limitation or requirement that violates section 4 of this Act shall be considered a government official for purposes of this Act.

8.

Enforcement

(a)

Attorney General

The Attorney General may commence a civil action on behalf of the United States against any State that violates, or against any government official (including a person described in section 7(c)) that implements or enforces a limitation or requirement that violates, section 4. The court shall hold unlawful and set aside the limitation or requirement if it is in violation of this Act.

(b)

Private Right of Action

(1)

In general

Any individual or entity, including any health care provider or patient, adversely affected by an alleged violation of this Act, may commence a civil action against any State that violates, or against any government official (including a person described in section 7(c)) that implements or enforces a limitation or requirement that violates, section 4. The court shall hold unlawful and set aside the limitation or requirement if it is in violation of this Act.

(2)

Health care provider

A health care provider may commence an action for relief on its own behalf, on behalf of the provider’s staff, and on behalf of the provider’s patients who are or may be adversely affected by an alleged violation of this Act.

(c)

Equitable Relief

In any action under this section, the court may award appropriate equitable relief, including temporary, preliminary, or permanent injunctive relief.

(d)

Costs

In any action under this section, the court shall award costs of litigation, as well as reasonable attorney’s fees, to any prevailing plaintiff. A plaintiff shall not be liable to a defendant for costs or attorney’s fees in any non-frivolous action under this section.

(e)

Jurisdiction

The district courts of the United States shall have jurisdiction over proceedings under this Act and shall exercise the same without regard to whether the party aggrieved shall have exhausted any administrative or other remedies that may be provided for by law.

(f)

Abrogation of State Immunity

Neither a State that enforces or maintains, nor a government official (including a person described in section 7(c)) who is permitted to implement or enforce any limitation or requirement that violates section 4 shall be immune under the Tenth Amendment to the Constitution of the United States, the Eleventh Amendment to the Constitution of the United States, or any other source of law, from an action in a Federal or State court of competent jurisdiction challenging that limitation or requirement.

9.

Severability

If any provision of this Act, or the application of such provision to any person, entity, government, or circumstance, is held to be unconstitutional, the remainder of this Act, or the application of such provision to all other persons, entities, governments, or circumstances, shall not be affected thereby.

Passed the House of Representatives September 24, 2021.

Cheryl L. Johnson,

Clerk

September 29, 2021

Read the second time and placed on the calendar