,i #aacth ,,congress #ast ,session ,h4 ,r4 #cdga ,,in ,,the ,,house ,,of ,,representatives ,november #ac1 #bjac,ms4 ,chu 7for herself1 ,ms4 ,fudge1 ,ms4 ,frankel of ,florida1 ,ms4 ,brownley of ,california1 ,ms4 ,titus1 ,mrs4 ,negrete ,mc,leod1 ,ms4 ,bass1 ,mrs4 ,beatty1 ,mr4 ,bera of ,california1 ,mr4 ,blumenauer1 ,ms4 ,brown of ,florida1 ,mrs4 ,christensen1 ,mr4 ,cicilline1 ,mr4 ,clay1 ,mr4 ,danny ,k4 ,davis of ,illinois1 ,ms4 ,de,lauro1 ,ms4 ,del,bene1 ,mr4 ,ellison1 ,mr4 ,farr1 ,mr4 ,grijalva1 ,mr4 ,gutirrez1 ,ms4 ,hahn1 ,mr4 ,holt1 ,ms4 ,jackson ,lee1 ,ms4 ,eddie ,bernice ,johnson of ,texas1 ,mr4 ,johnson of ,georgia1 ,mrs4 ,kirkpatrick1 ,ms4 ,lee of ,california1 ,mr4 ,lewis1 ,mr4 ,lowenthal1 ,mrs4 ,carolyn ,b4 ,maloney of ,new ,york1 ,ms4 ,mc,collum1 ,ms4 ,moore1 ,mr4 ,moran1 ,ms4 ,norton1 ,mr4 ,rangel1 ,ms4 ,linda ,t4 ,snchez of ,california1 ,ms4 ,schakowsky1 ,ms4 ,slaughter1 ,ms4 ,speier1 ,mr4 ,takano1 ,mr4 ,welch1 ,ms4 ,castor of ,florida1 ,ms4 ,michelle ,lujan ,grisham of ,new ,mexico1 ,ms4 ,tsongas1 ,mr4 ,braley of ,iowa1 ,mr4 ,smith of ,washington1 ,ms4 ,kuster1 ,mr4 ,kildee1 ,mr4 ,loebsack1 ,ms4 ,esty1 ,mr4 ,sherman1 ,mr4 ,payne1 ,ms4 ,meng1 ,mr4 ,pocan1 ,mr4 ,huffman1 ,ms4 ,waters1 ,ms4 ,kelly of ,illinois1 ,ms4 ,edwards1 and ,mr4 ,keating7 introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce ,a ,,bill ,to protect a woman's right to determine whether and when to bear a child or end a pregnancy by limiting restrictions on the provision of abortion services4 #a4 ,short title ,this ,act may be cited as the ,women's ,health ,protection ,act of #bjac4 #b4 ,findings and purpose 7a7 ,findings ,congress finds the following3 7#a7 ,access to safe1 legal abortion services is essential to women's health and central to women's ability to participate equally in the economic and social life of the ,united ,states4 7#b7 ,access to safe1 legal abortion services has been hindered in the ,united ,states in various ways1 including blockades of health care facilities and associated violence2 restrictions on insurance coverage2 restrictions on minors' ability to obtain services2 and requirements and restrictions that single out abortion providers and those seeking their services1 and which do not further women's health or the safety of abortion1 but harm women by reducing the availability of services4 7#c7 ,in the early #aiijs1 protests and blockades at health care facilities where abortions were performed1 and associated violence1 increased dramatically and reached crisis level1 requiring ,congressional action4 ,congress passed the ,freedom of ,access to ,clinic ,entrances ,act 7,public ,law #ajc-bei7 to address that situation and ensure that women could physically access abortion services4 7#d7 ,since #bjaj1 there has been an equally dramatic increase in the number of laws and regulations singling out abortion that threaten women's health and their ability to access safe abortion services by interfering with health care professionals' ability to provide such services4 ,congressional action is now necessary to put an end to these restrictions4 ,in addition1 there has been a dramatic increase in the passage of laws that blatantly violate the constitutional protections afforded women1 such as bans on abortions prior to viability4 7#e7 ,legal abortion is one of the safest medical procedures in the ,united ,states4 ,that safety is furthered by regulations that are based on science and are generally applicable to the medical profession or to medically comparable procedures4 7#f7 ,many ,state and local governments are imposing restrictions on the provision of abortion that are neither science-based nor generally applicable to the medical profession or to medically comparable procedures4 ,though described by their proponents as health and safety regulations1 many of these abortion-specific restrictions do not advance the safety of abortion services and do nothing to protect women's health4 ,also1 these restrictions interfere with women's personal and private medical decisions1 make access to abortion more difficult and costly1 and even make it impossible for some women to obtain those services4 7#g7 ,these restrictions harm women's health by reducing access not only to abortion services but also to the other essential health care services offered by the providers targeted by the restrictions1 including contraceptive services1 which reduce unintended pregnancies and thus abortions1 and screenings for cervical cancer and sexually transmitted infections4 ,these harms fall especially heavily on low-income women1 women of color1 and women living in rural and other medically underserved areas4 7#h7 ,the cumulative effect of these numerous restrictions has been widely varying access to abortion services such that a woman's ability to exercise her constitutional rights is dependent on the ,state in which she lives4 ,federal legislation putting a stop to harmful restrictions throughout the ,united ,states is necessary to ensure that women in all ,states have access to safe abortion services1 an essential constitutional right repeatedly affirmed by the ,united ,states ,supreme ,court4 7#i7 ,congress has the authority to protect women's ability to access abortion services pursuant to its powers under the ,commerce ,clause and its powers under section #e of the ,fourteenth ,amendment to the ,constitution to enforce the provisions of section #a of the ,fourteenth ,amendment4 7b7 ,purpose ,it is the purpose of this ,act to protect women's health by ensuring that abortion services will continue to be available and that abortion providers are not singled out for medically unwarranted restrictions that harm women by preventing them from accessing safe abortion services4 ,it is not the purpose of this ,act to address all threats to access to abortion 7for example1 this ,act does not apply to clinic violence1 restrictions on insurance coverage of abortion1 or requirements for parental consent or notification before a minor may obtain an abortion7 which ,congress should address through separate legislation as appropriate4 #c4 ,definitions ,in this ,act3 7#a7 ,abortion ,the term abortion means any medical treatment1 including the prescription of medication1 intended to cause the termination of a pregnancy except for the purpose of increasing the probability of a live birth1 to remove an ectopic pregnancy1 or to remove a dead fetus4 7#b7 ,abortion provider ,the term abortion provider means a health care professional who performs abortions4 7#c7 ,government ,the term government includes a branch1 department1 agency1 instrumentality1 or individual acting under color of law of the ,united ,states1 a ,state1 or a subdivision of a ,state4 7#d7 ,health care professional ,the term health care professional means a licensed medical professional 7including physicians1 certified nurse-midwives1 nurse practitioners1 and physician assistants7 who is competent to perform abortions based on clinical training4 7#e7 ,pregnancy ,the term pregnancy refers to the period of the human reproductive process beginning with the implantation of a fertilized egg4 7#f7 ,state ,the term ,state includes each of the #ej ,states1 the ,district of ,columbia1 the ,commonwealth of ,puerto ,rico1 and each territory or possession of the ,united ,states4 7#g7 ,viability the term viability means the point in a pregnancy at which1 in the good-faith medical judgment of the treating health care professional1 based on the particular facts of the case before her or him1 there is a reasonable likelihood of sustained fetal survival outside the uterus with or without artificial support4 #d4 ,prohibited measures and actions 7a7 ,general prohibitions ,the following limitations or requirements are unlawful and shall not be imposed or applied by any government because they single out the provision of abortion services for restrictions that are more burdensome than those restrictions imposed on medically comparable procedures1 they do not significantly advance women's health or the safety of abortion services1 and they make abortion services more difficult to access3 7#a7 ,a requirement that a medical professional perform specific tests or follow specific medical procedures in connection with the provision of an abortion1 unless generally required for the provision of medically comparable procedures4 7#b7 ,a limitation on an abortion provider's ability to delegate tasks1 other than a limitation generally applicable to providers of medically comparable procedures4 7#c7 ,a limitation on an abortion provider's ability to prescribe or dispense drugs based on her or his good-faith medical judgment1 other than a limitation generally applicable to the medical profession4 7#d7 ,a limitation on an abortion provider's ability to provide abortion services via telemedicine1 other than a limitation generally applicable to the provision of medical services via telemedicine4 7#e7 ,a requirement or limitation concerning the physical plant1 equipment1 staffing1 or hospital transfer arrangements of facilities where abortions are performed1 or the credentials or hospital privileges or status of personnel at such facilities1 that is not imposed on facilities or the personnel of facilities where medically comparable procedures are performed4 7#f7 ,a requirement that1 prior to obtaining an abortion1 a woman make one or more medically unnecessary visits to the provider of abortion services or to any individual or entity that does not provide abortion services4 7#g7 ,a requirement or limitation that prohibits or restricts medical training for abortion procedures1 other than a requirement or limitation generally applicable to medical training for medically comparable procedures4 7b7 ,other prohibited measures or actions 7#a7 ,in general ,a measure or action that restricts the provision of abortion services or the facilities that provide abortion services that is similar to any of the prohibited limitations or requirements described in subsection 7a7 shall be unlawful if such measure or action singles out abortion services or make abortions services more difficult to access and does not significantly advance women's health or the safety of abortion services4 7#b7 ,prima facie case ,to make a prima facie showing that a measure or action is unlawful under paragraph 7#a7 a plaintiff shall demonstrate that the measure or action involved-- 7,a7 singles out the provision of abortion services or facilities in which abortion services are performed2 or 7,b7 impedes women's access to abortion services based on one or more of the factors described in paragraph 7#c74 7#c7 ,factors ,factors for a court to consider in determining whether a measure or action impedes access to abortion services for purposes of paragraph 7#b77;,b7 include the following3 7,a7 ,whether the measure or action interferes with an abortion provider's ability to provide care and render services in accordance with her or his good-faith medical judgment4 7,b7 ,whether the measure or action is reasonably likely to delay some women in accessing abortion services4 7,c7 ,whether the measure or action is reasonably likely to directly or indirectly increase the cost of providing abortion services or the cost for obtaining abortion services 7including costs associated with travel1 childcare1 or time off work74 7,d7 ,whether the measure or action requires1 or is reasonably likely to have the effect of necessitating1 a trip to the offices of the abortion provider that would not otherwise be required4 7,e7 ,whether the measure or action is reasonably likely to result in a decrease in the availability of abortion services in the ,state4 7,f7 ,whether the measure or action imposes criminal or civil penalties that are not imposed on other health care professionals for comparable conduct or failure to act or that are harsher than penalties imposed on other health care professionals for comparable conduct or failure to act4 7,g7 ,the cumulative impact of the measure or action combined with other new or existing requirements or restrictions4 7#d7 ,defense ,a measure or action shall be unlawful under this subsection upon making a prima facie case 7as provided for under paragraph 7#b771 unless the defendant establishes1 by clear and convincing evidence1 that-- 7,a7 the measure or action significantly advances the safety of abortion services or the health of women2 and 7,b7 the safety of abortion services or the health of women cannot be advanced by a less restrictive alternative measure or action4 7c7 ,other prohibitions ,the following restrictions on the performance of abortion are unlawful and shall not be imposed or applied by any government3 7#a7 ,a prohibition or ban on abortion prior to fetal viability4 7#b7 ,a prohibition on abortion after fetal viability when1 in the good-faith medical judgment of the treating physician1 continuation of the pregnancy would pose a risk to the pregnant woman's life or health4 7#c7 ,a restriction that limits a pregnant woman's ability to obtain an immediate abortion when a health care professional believes1 based on her or his good-faith medical judgment1 that delay would pose a risk to the woman's health4 7#d7 ,a measure or action that prohibits or restricts a woman from obtaining an abortion prior to fetal viability based on her reasons or perceived reasons or that requires a woman to state her reasons before obtaining an abortion prior to fetal viability4 7d7 ,limitation ,the provisions of this ,act shall not apply to laws regulating physical access to clinic entrances1 requirements for parental consent or notification before a minor may obtain an abortion1 insurance coverage of abortion1 or the procedure described in section #aeca7;b77#a7 of title #ah1 ,united ,states ,code4 7e7 ,effective date ,this ,act shall apply to government restrictions on the provision of abortion services1 whether statutory or otherwise1 whether they are enacted or imposed prior to or after the date of enactment of this ,act4 #e4 ,liberal construction 7a7 ,liberal construction ,in interpreting the provisions of this ,act1 a court shall liberally construe such provisions to effectuate the purposes of the ,act4 7b7 ,rule of construction ,nothing in this ,act shall be construed to authorize any government to interfere with a woman's ability to terminate her pregnancy1 to diminish or in any way negatively affect a woman's constitutional right to terminate her pregnancy1 or to displace any other remedy for violations of the constitutional right to terminate a pregnancy4 #f4 ,enforcement 7a7 ,attorney ,general ,the ,attorney ,general may commence a civil action for prospective injunctive relief on behalf of the ,united ,states against any government official that is charged with implementing or enforcing any restriction that is challenged as unlawful under this ,act4 7b7 ,private right of action 7#a7 ,in general ,any individual or entity aggrieved by an alleged violation of this ,act may commence a civil action for prospective injunctive relief against the government official that is charged with implementing or enforcing the restriction that is challenged as unlawful under this ,act4 7#b7 ,facility or professional ,a health care facility or medical professional may commence an action for prospective injunctive relief on behalf of the facility's or professional's patients who are or may be adversely affected by an alleged violation of this ,act4 7c7 ,equitable relief ,in any action under this section1 the court may award appropriate equitable relief1 including temporary1 preliminary1 or permanent injunctive relief4 7d7 ,costs ,in any action under this section1 the court shall award the costs of litigation1 including reasonable attorney and expert witness fees1 to any prevailing or substantially prevailing plaintiff4 7e7 ,jurisdiction ,the district courts of the ,united ,states shall have jurisdiction over proceedings commenced pursuant to this section 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 law4 #g4 ,preemption ,no ,state or subdivision thereof shall enact or enforce any law1 rule1 regulation1 standard1 or other provision having the force and effect of law that conflicts with any provision of this ,act4 #h4 ,severability ,if any provision of this ,act1 or the application of such provision to any person or circumstance1 is held to be unconstitutional1 the remainder of this ,act1 or the application of such provision to all other persons or circumstances1 shall not be affected thereby4