S. 3713 — Introduced in Senate

II 117th CONGRESS 2d Session S. 3713 IN THE SENATE OF THE UNITED STATES February 28, 2022Ms. Collins (for herself and Ms. Murkowski) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To codify the essential holdings of Roe v. Wade (410 U.S. 113 (1973)) and Planned Parenthood of Southeastern Pennsylvania v. Casey (505 U.S. 833 (1992)). 1. Short title This Act may be cited as the Reproductive Choice Act. 2. Purpose It is the purpose of this Act to codify the essential holdings of Roe v. Wade (410 U.S. 113 (1973)) and Planned Parenthood of Southeastern Pennsylvania v. Casey (505 U.S. 833 (1992)). 3. Clarification of allowable State requirements (a) In general A State— (1) may not impose an undue burden on the ability of a woman to choose whether or not to terminate a pregnancy before fetal viability; (2) may restrict the ability of a woman to choose whether or not to terminate a pregnancy after fetal viability, unless such a termination is necessary to preserve the life or health of the woman; and (3) may enact regulations to further the health or safety of a woman seeking to terminate a pregnancy. (b) Clarification For purposes of this Act, unnecessary health regulations that have the purpose or effect of presenting a substantial obstacle to a woman seeking to terminate a pregnancy impose an undue burden. (c) Rule of construction Nothing in this Act shall be construed to have any effect on laws regarding conscience protection. 4. Definitions In this Act: (1) State The term State includes the District of Columbia, the Commonwealth of Puerto Rico, and each other territory or possession of the United States, and any subdivision of any of the foregoing. (2) Undue burden The term undue burden means any burden that places a substantial obstacle in the path of a woman seeking to terminate a pregnancy prior to fetal viability.