H.R. 8296House117th Congress (2021-2023)Passed House

Women’s Health Protection Act of 2022

Sponsored by Judy ChuRep. Judy Chu (D-CA)
Introduced July 7, 2022

AI-Generated Summary

Updated February 8, 2026 at 4:29 PM UTC

The Women’s Health Protection Act of 2022 aims to safeguard a person’s ability to obtain an abortion and a health‑care provider’s ability to offer abortion services by blocking state laws that place extra burdens on abortion that are not applied to comparable medical procedures. It applies nationwide to all people capable of pregnancy, including cisgender women, transgender men and non‑binary individuals, and it uses Congress’s commerce and Fourteenth Amendment powers to preempt conflicting state restrictions. The law creates both federal and private enforcement mechanisms.

Key Provisions

  • Defines “abortion services,” “health‑care provider,” and “medically comparable procedures” to set the scope of protection.
  • Prohibits states from imposing requirements such as mandatory tests, waiting periods, in‑person visits, telemedicine bans, or any limitation that singles out abortion and is not applied to similar procedures.
  • Allows courts to strike down any state limitation that impedes access to abortion unless the state can show by clear and convincing evidence that it significantly advances safety and has no less restrictive alternative.
  • Preempts any federal or state law that conflicts with these protections, except for laws regulating clinic entrances, insurance coverage, certain criminal statutes, and general contract law.
  • Gives the Attorney General and any affected individual or provider a civil right of action to sue states or officials that enforce prohibited restrictions, with courts able to issue injunctive relief and award fees.
  • Sets the act to take effect immediately upon enactment and applies to all existing and future abortion‑related restrictions.
  • Specifies that states and officials are not immune from suit under the Eleventh Amendment or other sovereign immunity doctrines.

Legislative Activity

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15 earlier actions
SenateIntro Referral Latest Action

Received in the Senate.

July 18, 2022

View full timeline
HouseIntro Referral

Introduced in House

July 7, 2022

HouseIntro Referral

Referred to the House Committee on Energy and Commerce.

July 7, 2022

HouseFloor

Rules Committee Resolution H. Res. 1224 Reported to House. Rule provides for consideration of H.R. 7900, S. 3373, H.R. 8296, H.R. 8297 and H.R. 6538 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit. Measure will be considered read. Specified amendments are in order.

July 13, 2022 • 9:58 AM

HouseFloor

Considered under the provisions of rule H. Res. 1224. (consideration: CR H6631-6647)

July 15, 2022 • 9:38 AM

HouseFloor

Rule provides for consideration of H.R. 7900, S. 3373, H.R. 8296, H.R. 8297 and H.R. 6538 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit. Measure will be considered read. Specified amendments are in order.

July 15, 2022 • 9:38 AM

HouseFloor

DEBATE - The House proceeded with one hour of debate on H.R. 8296.

July 15, 2022 • 9:39 AM

HouseFloor

The previous question was ordered pursuant to the rule.

July 15, 2022 • 10:53 AM

HouseFloor

Mrs. Fischbach moved to recommit to the Committee on Energy and Commerce. (text: CR H6646-6647)

July 15, 2022 • 10:54 AM

HouseFloor

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

July 15, 2022 • 10:54 AM

HouseFloor

POSTPONED PROCEEDINGS - At the conclusion of debate on H.R. 8296, the Chair put the question on the Fischbach motion to recommit and by voice vote, announced that the noes had prevailed. Mrs. Fischbach demanded the yeas and nays and the Chair postponed further proceedings until a time to be announced.

July 15, 2022 • 10:54 AM

HouseFloor

Considered as unfinished business. (consideration: CR H6660-6661)

July 15, 2022 • 12:26 PM

HouseFloor

On motion to recommit Failed by the Yeas and Nays: 209 - 218 (Roll no. 359).

July 15, 2022 • 1:06 PM

HouseFloor

Passed/agreed to in House: On passage Passed by the Yeas and Nays: 219 - 210 (Roll no. 360).

July 15, 2022 • 1:17 PM

HouseFloor

On passage Passed by the Yeas and Nays: 219 - 210 (Roll no. 360). (text: CR H6631-6634)

July 15, 2022 • 1:17 PM

HouseFloor

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

July 15, 2022 • 1:17 PM

SenateIntro Referral

Received in the Senate.

July 18, 2022

Floor Debate

20 members

What members said about H.R. 8296 on the floor

11 Republicans9 Democrats
Joseph D. Morelle
Rep. Joseph D. MorelleD-NY-25 · Jul 13, 2022

Madam Speaker, by direction of the Committee on Rules, I call up House Resolution 1224 and ask for its immediate consideration. Madam Speaker, for the purpose of debate only, I yield the customary 30…

Kat Cammack
Rep. Kat CammackR-FL-3 · Jul 15, 2022

Madam Speaker, I include in the Record some articles that I feel are relevant to this debate. [From the New York Times, July 3, 2022] Abortion Laws Around the World The U.S. Supreme Court's ruling on…

Mariannette Miller-Meeks
Rep. Mariannette Miller-MeeksR-IA-2 · Jul 15, 2022

Madam Speaker, I thank my colleague, the Honorable Representative Rodgers, for yielding me time. Madam Speaker, I rise today in opposition to H.R. 8296. The Supreme Court recently took the important…

Tom Cole
Rep. Tom ColeR-OK-4 · Jul 13, 2022

Madam Speaker, I thank my very good friend, the gentleman from New York (Mr. Morelle) for yielding me the customary 30 minutes, and I yield myself such time as I may consume. Madam Speaker, today's…

Nancy Pelosi
Rep. Nancy PelosiD-CA-12 · Jul 15, 2022

Madam Speaker, I thank the gentleman for yielding, and I thank him for his extraordinary leadership on this subject not only as we face the Court decision but, over time, his chairmanship of the…

Show 8 more
Cathy McMorris Rodgers
Rep. Cathy McMorris RodgersR-WA-5 · Jul 15, 2022

Madam Speaker, I yield myself such time as I may consume. Madam Speaker, to protect the helpless, most powerless, most innocent among us, I rise in strong opposition to H.R. 8296, the abortion on…

Cathy McMorris Rodgers
Rep. Cathy McMorris RodgersR-WA-5 · Jul 15, 2022

Madam Speaker, I yield myself such time as I may consume. Madam Speaker, I rise in strong opposition to H.R. 8297, the Ensuring Access to Abortion Act. Just like the Democrats' abortion on demand…

Frank Pallone, Jr.
Rep. Frank Pallone, Jr.D-NJ-6 · Jul 15, 2022

Madam Speaker, pursuant to House Resolution 1224, I call up the bill (H.R. 8296) to protect a person's ability to determine whether to continue or end a pregnancy, and to protect a health care…

Steny H. Hoyer
Rep. Steny H. HoyerD-MD-5 · Jul 15, 2022

Madam Speaker, I thank the gentlemen for yielding. Madam Speaker, as the doctor has just said, this is an extraordinarily complex and difficult issue for all. Madam Speaker, I rise in strong support…

Michael C. Burgess
Rep. Michael C. BurgessR-TX-26 · Jul 13, 2022

Madam Speaker, I thank the gentleman for yielding the time. Before coming to Congress, I practiced medicine for nearly 30 years. I had the privilege of delivering 3,000 babies. I dedicated my career…

Nancy Pelosi
Rep. Nancy PelosiD-CA-12 · Jul 13, 2022

Madam Speaker, I thank the gentleman for his leadership on the very important elements of the rule that will be brought to the floor today. I thank him, and I thank all the members of the Rules…

Frank Pallone, Jr.
Rep. Frank Pallone, Jr.D-NJ-6 · Jul 15, 2022

Madam Speaker, pursuant to House Resolution 1224, I call up the bill (H.R. 8297) to prohibit the interference, under color of State law, with the provision of interstate abortion services, and for…

Dusty Johnson
Rep. Dusty JohnsonR-SD · Jul 13, 2022

Madam Speaker, I thank the gentleman, and I thank leadership for making my bill a priority on the floor today. We have heard from a number of earlier speakers that recent Supreme Court decisions have…

Show 11 more
Mary Gay Scanlon
Rep. Mary Gay ScanlonD-PA-5 · Jul 13, 2022

Madam Speaker, it has been less than 3 weeks since Mitch McConnell's hand-picked, rightwing Supreme Court overturned Roe v. Wade and with it 50 years of settled law regarding the fundamental privacy…

Sheila Jackson Lee
Rep. Sheila Jackson LeeD-TX-18 · Jul 15, 2022

Madam Speaker, I thank all of the leaders who recognize that reproductive freedom is a constitutional right. I rise today, and I stand in the name of a 10-year-old rape victim who was denied an…

Diana Harshbarger
Rep. Diana HarshbargerR-TN-1 · Jul 15, 2022

Madam Speaker, I rise today to share my concern for the extraordinary lengths that my colleagues across the aisle will go in order to rip away a chance at life from unborn children. H.R. 8297, the…

John Joyce
Rep. John JoyceR-PA-13 · Jul 15, 2022

Madam Speaker, I thank the gentlewoman for yielding. I rise today in opposition to this legislation that would legalize abortion on demand up until the moment of birth. As a physician, I first swore…

Christopher H. Smith
Rep. Christopher H. SmithR-NJ-4 · Jul 15, 2022

Madam Speaker, I thank my good friend, Cathy McMorris Rodgers, the ranking member, for her eloquent defense of the unborn child and their mothers because there are two co-victims in every abortion:…

Earl L. "Buddy" Carter
Rep. Earl L. "Buddy" CarterR-GA-1 · Jul 15, 2022

Madam Speaker, I thank the gentlewoman for yielding. Madam Speaker, I include in the Record two articles of attacks on churches and pro-life pregnancy centers. [From the National Catholic Register]…

Steny H. Hoyer
Rep. Steny H. HoyerD-MD-5 · Jul 13, 2022

Madam Speaker, this is going to be a very busy week. There are over 600 amendments made in order to the defense bill. Clearly, if we do what we just did, and we do it too often--take three times the…

Steve Scalise
Rep. Steve ScaliseR-LA-1 · Jul 15, 2022

Madam Speaker, I thank the gentlewoman, the ranking member of the Energy and Commerce Committee, Mrs. McMorris Rodgers, for leading on this issue. Madam Speaker, I rise in strong opposition to this…

Marilyn Strickland
Rep. Marilyn StricklandD-WA-10 · Jul 15, 2022

Madam Speaker, I rise today in support of the Ensuring Women's Right to Reproductive Freedom Act, which my colleagues and I wrote to support reproductive choice. Simply put, this bill codifies the…

Jerrold Nadler
Rep. Jerrold NadlerD-NY-10 · Jul 15, 2022

Madam Speaker, I rise in strong support of H.R. 8297, the Ensuring Women's Right to Reproductive Freedom Act. The Supreme Court's disastrous decision in Dobbs to overturn Roe v. Wade has exacerbated…

Lizzie Fletcher
Rep. Lizzie FletcherD-TX-7 · Jul 15, 2022

Madam Speaker, in my beloved home State of Texas, we are in a crisis, a healthcare crisis, a humanitarian crisis. Since last September, access to abortion has been severely limited. Since last month,…

Bill Text

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Received in SenateIssued July 18, 2022

II

117th CONGRESS

2d Session

H. R. 8296

IN THE SENATE OF THE UNITED STATES

July 18, 2022

Received

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 2022.

2.

Findings and purpose

(a)

Findings

Congress finds the following:

(1)

On June 24, 2022, in its decision in Dobbs v. Jackson Women’s Health Organization, the Supreme Court overruled Roe v. Wade, reversing decades of precedent recognizing 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.

(2)

In their joint dissent, Justices Breyer, Sotomayor, and Kagan write, [The majority] says that from the very moment of fertilization, a woman has no rights to speak of. A State can force her to bring a pregnancy to term, even at the steepest personal and familial costs..

(3)

The dissenting Justices continue, The Mississippi law at issue here bars abortions after the 15th week of pregnancy. Under the majority’s ruling, though, another State’s law could do so after ten weeks, or five or three or one—or, again, from the moment of fertilization. States have already passed such laws, in anticipation of today’s ruling. More will follow..

(4)

The dissenting Justices also stated, one result of [the] decision is certain; the curtailment of women's rights, and of their status as free and equal citizens..

(5)

Indeed, some States acted to ban abortion outright in the immediate aftermath of the Dobbs decision, with half the States in the country expected to ban abortion entirely in the days and weeks to come.

(6)

Even before Roe was overturned, access to abortion services had 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.

(7)

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.

(8)

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.

(9)

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.

(10)

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.

(11)

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.

(12)

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.

(13)

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.

(14)

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.

(15)

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.

(16)

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.

(17)

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.

(18)

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.

(19)

The cumulative effect of these numerous restrictions has been to severely limit, and now eliminate entirely, the availability of abortion services in some areas, creating a patchwork system where the provision of abortion services is legal in some States and illegal 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.

(20)

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.

(21)

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.

(22)

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.

(23)

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.

(24)

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.

(25)

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.

(26)

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.

(27)

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.

(28)

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

(29)

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.

(30)

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.

(31)

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, diminish, or negatively affect a person’s ability to obtain or provide abortion services.

(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 July 15, 2022.

Cheryl L. Johnson,

Clerk.