,,ii  #aagth ,,congress  #b;d ,session  
,s4 #dgdh  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,august #b1    
#bjbb,mr4 ,booker 7for himself and ,ms4 
,smith7 introduced the following bill2  
which was read twice and referred to the
 ,committee on the ,judiciary  ,a ,,bill
  ,to provide for national uniformity   
for reproductive health products4  #a4  
,short title ,this ,act may be cited as 
the ,protecting ,national ,access to    
,reproductive ,care ,act of #bjbb4  #b4 
,purpose  7a7 ,in general ,this section 
confirms the intention of ,congress     
that1 with respect to reproductive      
health products approved1 licensed1     
cleared1 or authorized by the ,food and 
,drug ,administration for specific uses 
as described in section #c7;c71 ,federal
 regulation of such products has the    
effect of preempting any ,state or local
 law or regulation1 criminal or civil1  
that has the effect of restricting the  
use of or access to any such product4   
7b7 ,rule of construction ,nothing in   

this ,act shall be construed to limit   
the preemptory effect of the regulation 
by the ,food and ,drug ,administration  
of products that are not reproductive   
health products4  #c4 ,national         
uniformity for reproductive health      
products  7a7 ,in general ,no ,state or 
unit of local government1 or ,state or  
local government official or other      
person acting under color of law may    
implement or enforce any law1           
requirement1 prohibition1 or limitation 
that restricts use or access1 or has the
 effect of restricting use or access1 by
 any individual to any reproductive     
health product4  7b7 ,enforcement  7#a7 
,attorney ,general ,the ,attorney       
,general may commence a civil action in 
an appropriate district court of the    
,united ,states on behalf of the ,united
 ,states against any ,state or unit of  
local government1 ,state or local       
government official1 or against any     
other person acting under color of law  
that implements or enforces a limitation

 or requirement that violates subsection
 7a74 ,the court shall hold unlawful the
 limitation or requirement if it is in  
violation of subsection 7a74  7#b7      
,private ,right of ,action  7,a7 ,in    
general ,any individual or entity1      
including any health care provider or   
patient1 adversely affected by an       
alleged violation of subsection 7a71 may
 commence a civil action in an          
appropriate district court of the       
,united ,states against any ,state or   
unit of local government1 or ,state or  
local government official1 or against   
any other person acting under color of  
law who violates subsection 7a74 ,the   
court shall hold unlawful the limitation
 or requirement if it is in violation of
 subsection 7a74  7,b7 ,health care     
provider ,a health care provider may    
commence an action pursuant to          
subparagraph 7,a7 in an appropriate     
district court of the ,united ,states   
for relief on its own behalf1 on behalf 
of the provider's staff1 or on behalf of

 the provider's patients who are or may 
be adversely affected by an alleged     
violation of subsection 7a74  7#c7      
,declaratory and equitable relief ,in   
any action under this subsection1 the   
court may award appropriate declaratory 
or equitable relief1 including          
temporary1 preliminary1 or permanent    
injunctive relief4  7#d7 ,costs ,in any 
action under this subsection1 the court 
shall award costs of litigation1 as well
 as reasonable attorney's fees1 to any  
prevailing plaintiff4 ,a plaintiff shall
 not be liable to a defendant for costs 
or attorney's fees in any non-frivolous 
action under this subsection4  7#e7     
,jurisdiction ,the district courts of   
the ,united ,states shall have exclusive
 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 law4  7c7        
,definition ,in this section1 the term  

reproductive health product means any   
drug or device that-- 7#a7 is approved  
under section #eje or section #eae of   
the ,federal ,food1 ,drug1 and ,cosmetic
 ,act 7#ba ,u4,s4,c4 #cee2 #cfj;e71     
licensed under section #cea of the      
,public ,health ,service ,act 7#db      
,u4,s4,c4 #bfb71 cleared under section  
#eaj7k7 of the ,federal ,food1 ,drug1   
and ,cosmetic ,act 7#ba ,u4,s4,c4       
#cfj7k771 or authorized under section   
#eac7;f77#b7 of such ,act 7#ba ,u4,s4,c4
 #cfj;c7f77#b772 and  7#b7 is used to-- 
7,a7 diagnose1 prevent1 manage1 treat1  
or terminate pregnancy2 or  7,b7 prevent
 or manage conditions of the            
reproductive system4  7d7 ,authorization
 of appropriations ,for purposes of     
carrying out subsection 7b77#a71 there  
is authorized to be appropriated to the 
,attorney ,general #bj1jjj1jjj for      
fiscal year #bjbb1 to remain available  
until expended4