I 

114TH CONGRESS 

1ST SESSION H. R. 448 

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 

services. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 21, 2015 

Ms. CHU of California (for herself, Ms. FUDGE, Ms. FRANKEL of Florida, Mr. 

CICILLINE, Ms. CLARK of Massachusetts, Mr. BEYER, Ms. SPEIER, Ms. 

NORTON, Mr. RANGEL, Mr. GRIJALVA, Mr. TAKANO, Mr. LOWENTHAL, 

Ms. WASSERMAN SCHULTZ, Mr. DEFAZIO, Ms. LEE, Ms. SCHAKOWSKY, 

Mr. HONDA, Mr. HUFFMAN, Mr. LOEBSACK, Ms. ESTY, Ms. SLAUGHTER, 

Ms. DEGETTE, Mr. SCHIFF, Ms. HAHN, Ms. JACKSON LEE, Ms. 

BROWNLEY of California, Mr. DOGGETT, Mr. DEUTCH, Ms. EDWARDS, 

Mr. PERLMUTTER, Mr. SARBANES, Mr. ELLISON, Ms. BONAMICI, Mr. 

MCGOVERN, Mr. NADLER, Mr. BERA, Mr. YARMUTH, Ms. DELAURO, 

Mrs. BEATTY, Mr. TAKAI, Ms. PINGREE, Mr. QUIGLEY, Ms. TITUS, Ms. 

KUSTER, Mr. PETERS, Mrs. CAROLYN B. MALONEY of New York, Mr. 

GUTIE ́RREZ, Ms. BASS, Mr. CROWLEY, Ms. MATSUI, Ms. DELBENE, Mrs. 

NAPOLITANO, Mr. SMITH of Washington, Mr. RUSH, Ms. MCCOLLUM, 

Mr. RYAN of Ohio, Mr. HASTINGS, Ms. BROWN of Florida, Mr. HECK

of Washington, Mr. HIMES, Mr. DAVID SCOTT of Georgia, Mr. FOSTER, 

Mr. POCAN, Mr. BRADY of Pennsylvania, Mr. KILMER, Mr. SHERMAN, 

Mr. VAN HOLLEN, Ms. LINDA T. SA ́NCHEZ of California, Ms. MOORE, 

Mrs. WATSON COLEMAN, Ms. ADAMS, Mr. VISCLOSKY, and Ms. CLARKE

of New York) introduced the following bill; 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 services. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Women’s Health Pro5 tection Act of 2015’’. 

6 SEC. 2. FINDINGS AND PURPOSE. 

7 (a) FINDINGS.—Congress finds the following: 

8 (1) Access to safe, legal abortion services is es9 sential to women’s health and central to women’s 

10 ability to participate equally in the economic and so11 cial life of the United States. 

12 (2) Access to safe, legal abortion services has 

13 been hindered in the United States in various ways, 

14 including blockades of health care facilities and asso15 ciated violence; restrictions on insurance coverage; 

16 restrictions on minors’ ability to obtain services; and 

17 requirements and restrictions that single out abor18 tion providers and those seeking their services, and 

19 which do not further women’s health or the safety 

20 of abortion, but harm women by reducing the avail21 ability of services. 

22 (3) In the early 1990s, protests and blockades 

23 at health care facilities where abortions were per24 formed, and associated violence, increased dramati25 cally and reached crisis level, requiring CongresVerDate Sep 11 2014 23:31 Jan 24, 2015 Jkt 049200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H448.IH H448

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1 sional action. Congress passed the Freedom of Ac2 cess to Clinic Entrances Act (Public Law 103–259) 

3 to address that situation and ensure that women 

4 could physically access abortion services. 

5 (4) Since 2010, there has been an equally dra6 matic increase in the number of laws and regulations 

7 singling out abortion that threaten women’s health 

8 and their ability to access safe abortion services by 

9 interfering with health care professionals’ ability to 

10 provide such services. Congressional action is now 

11 necessary to put an end to these restrictions. In ad12 dition, there has been a dramatic increase in the 

13 passage of laws that blatantly violate the constitu14 tional protections afforded women, such as bans on 

15 abortion prior to viability. 

16 (5) Legal abortion is one of the safest medical 

17 procedures in the United States. That safety is 

18 furthered by regulations that are based on science 

19 and are generally applicable to the medical profes20 sion or to medically comparable procedures. 

21 (6) Many State and local governments are im22 posing restrictions on the provision of abortion that 

23 are neither science-based nor generally applicable to 

24 the medical profession or to medically comparable 

25 procedures. Though described by their proponents as 


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1 health and safety regulations, many of these abor2 tion-specific restrictions do not advance the safety of 

3 abortion services and do nothing to protect women’s 

4 health. Also, these restrictions interfere with wom5 en’s personal and private medical decisions, make 

6 access to abortion more difficult and costly, and 

7 even make it impossible for some women to obtain 

8 those services. 

9 (7) These restrictions harm women’s health by 

10 reducing access not only to abortion services but also 

11 to the other essential health care services offered by 

12 the providers targeted by the restrictions, including 

13 contraceptive services, which reduce unintended 

14 pregnancies and thus abortions, and screenings for 

15 cervical cancer and sexually transmitted infections. 

16 These harms fall especially heavily on low-income 

17 women, women of color, and women living in rural 

18 and other medically underserved areas. 

19 (8) The cumulative effect of these numerous re20 strictions has been widely varying access to abortion 

21 services such that a woman’s ability to exercise her 

22 constitutional rights is dependent on the State in 

23 which she lives. Federal legislation putting a stop to 

24 harmful restrictions throughout the United States is 

25 necessary to ensure that women in all States have 


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1 access to safe abortion services, an essential con2 stitutional right repeatedly affirmed by the United 

3 States Supreme Court. 

4 (9) Congress has the authority to protect wom5 en’s ability to access abortion services pursuant to 

6 its powers under the Commerce Clause and its pow7 ers under section 5 of the Fourteenth Amendment to 

8 the Constitution to enforce the provisions of section 

9 1 of the Fourteenth Amendment. 

10 (b) PURPOSE.—It is the purpose of this Act to pro11 tect women’s health by ensuring that abortion services will 

12 continue to be available and that abortion providers are 

13 not singled out for medically unwarranted restrictions that 

14 harm women by preventing them from accessing safe abor15 tion services. It is not the purpose of this Act to address 

16 all threats to access to abortion (for example, this Act does 

17 not apply to clinic violence, restrictions on insurance or 

18 medical assistance coverage of abortion, or requirements 

19 for parental consent or notification before a minor may 

20 obtain an abortion) which Congress should address 

21 through separate legislation as appropriate. 

22 SEC. 3. DEFINITIONS. 

23 In this Act: 

24 (1) ABORTION.—The term ‘‘abortion’’ means 

25 any medical treatment, including the prescription of 


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1 medication, intended to cause the termination of a 

2 pregnancy except for the purpose of increasing the 

3 probability of a live birth, to remove an ectopic preg4 nancy, or to remove a dead fetus. 

5 (2) ABORTION PROVIDER.—The term ‘‘abortion 

6 provider’’ means a health care professional who per7 forms abortions. 

8 (3) GOVERNMENT.—The term ‘‘government’’ 

9 includes a branch, department, agency, instrumen10 tality, or individual acting under color of law of the 

11 United States, a State, or a subdivision of a State. 

12 (4) HEALTH CARE PROFESSIONAL.—The term 

13 ‘‘health care professional’’ means a licensed medical 

14 professional (including physicians, certified nurse15 midwives, nurse practitioners, and physician assist16 ants) who is competent to perform abortions based 

17 on clinical training. 

18 (5) MEDICALLY COMPARABLE PROCEDURES.— 

19 The term ‘‘medically comparable procedures’’ means 

20 medical procedures that are similar in terms of risk, 

21 complexity, duration, or the degree of sterile pre22 caution that is indicated. 

23 (6) PREGNANCY.—The term ‘‘pregnancy’’ refers 

24 to the period of the human reproductive process be25 ginning with the implantation of a fertilized egg. 


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1 (7) STATE.—The term ‘‘State’’ includes each of 

2 the 50 States, the District of Columbia, the Com3 monwealth of Puerto Rico, and each territory or pos4 session of the United States. 

5 (8) VIABILITY.—the term ‘‘viability’’ means the 

6 point in a pregnancy at which, in the good-faith 

7 medical judgment of the treating health care profes8 sional, based on the particular facts of the case be9 fore her or him, there is a reasonable likelihood of 

10 sustained fetal survival outside the uterus with or 

11 without artificial support. 

12 SEC. 4. PROHIBITED MEASURES AND ACTIONS. 

13 (a) GENERAL PROHIBITIONS.—The following limita14 tions or requirements are unlawful and shall not be im15 posed or applied by any government because they single 

16 out the provision of abortion services for restrictions that 

17 are more burdensome than those restrictions imposed on 

18 medically comparable procedures, they do not significantly 

19 advance women’s health or the safety of abortion services, 

20 and they make abortion services more difficult to access: 

21 (1) A requirement that a medical professional 

22 perform specific tests or medical procedures in con23 nection with the provision of an abortion, unless 

24 generally required for the provision of medically 

25 comparable procedures. 


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1 (2) A requirement that the same clinician who 

2 performs a patient’s abortion also perform specified 

3 tests, services or procedures prior, or subsequent, to 

4 the abortion. 

5 (3) A limitation on an abortion provider’s abil6 ity to prescribe or dispense drugs based on current 

7 evidence-based regimens or her or his good-faith 

8 medical judgment, other than a limitation generally 

9 applicable to the medical profession. 

10 (4) A limitation on an abortion provider’s abil11 ity to provide abortion services via telemedicine, 

12 other than a limitation generally applicable to the 

13 provision of medical services via telemedicine. 

14 (5) A requirement or limitation concerning the 

15 physical plant, equipment, staffing, or hospital 

16 transfer arrangements of facilities where abortions 

17 are performed, or the credentials or hospital privi18 leges or status of personnel at such facilities, that is 

19 not imposed on facilities or the personnel of facilities 

20 where medically comparable procedures are per21 formed. 

22 (6) A requirement that, prior to obtaining an 

23 abortion, a patient make one or more medically un24 necessary in-person visits to the provider of abortion 


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1 services or to any individual or entity that does not 

2 provide abortion services. 

3 (7) A requirement or limitation that prohibits 

4 or restricts medical training for abortion procedures, 

5 other than a requirement or limitation generally ap6 plicable to medical training for medically comparable 

7 procedures. 

8 (b) OTHER PROHIBITED MEASURES OR ACTIONS.— 

9 (1) IN GENERAL.—A measure or action directed 

10 at restricting the provision of abortion services or 

11 the facilities that provide abortion services that is 

12 similar to any of the prohibited limitations or re13 quirements described in subsection (a) shall be un14 lawful if such measure or action singles out abortion 

15 services or makes abortion services more difficult to 

16 access and does not significantly advance women’s 

17 health or the safety of abortion services. 

18 (2) PRIMA FACIE CASE.—To make a prima 

19 facie showing that a measure or action is unlawful 

20 under paragraph (1) a plaintiff shall demonstrate 

21 that the measure or action involved— 

22 (A) singles out the provision of abortion 

23 services or facilities in which abortion services 

24 are performed; or 


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1 (B) impedes women’s access to abortion 

2 services based on one or more of the factors de3 scribed in paragraph (3). 

4 (3) FACTORS.—Factors for a court to consider 

5 in determining whether a measure or action impedes 

6 access to abortion services for purposes of paragraph 

7 (2)(B) include the following: 

8 (A) Whether the measure or action inter9 feres with an abortion provider’s ability to pro10 vide care and render services in accordance with 

11 her or his good-faith medical judgment. 

12 (B) Whether the measure or action is rea13 sonably likely to delay some women in accessing 

14 abortion services. 

15 (C) Whether the measure or action is rea16 sonably likely to directly or indirectly increase 

17 the cost of providing abortion services or the 

18 cost for obtaining abortion services (including 

19 costs associated with travel, childcare, or time 

20 off work). 

21 (D) Whether the measure or action re22 quires, or is reasonably likely to have the effect 

23 of necessitating, a trip to the offices of the 

24 abortion provider that would not otherwise be 

25 required. 


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1 (E) Whether the measure or action is rea2 sonably likely to result in a decrease in the 

3 availability of abortion services in the State. 

4 (F) Whether the measure or action im5 poses criminal or civil penalties that are not im6 posed on other health care professionals for 

7 comparable conduct or failure to act or that are 

8 harsher than penalties imposed on other health 

9 care professionals for comparable conduct or 

10 failure to act. 

11 (G) The cumulative impact of the measure 

12 or action combined with other new or existing 

13 requirements or restrictions. 

14 (4) DEFENSE.—A measure or action shall be 

15 unlawful under this subsection upon making a prima 

16 facie case (as provided for under paragraph (2)), un17 less the defendant establishes, by clear and con18 vincing evidence, that— 

19 (A) the measure or action significantly ad20 vances the safety of abortion services or the 

21 health of women; and 

22 (B) the safety of abortion services or the 

23 health of women cannot be advanced by a less 

24 restrictive alternative measure or action. 


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1 (c) OTHER PROHIBITIONS.—The following restric2 tions on the performance of abortion are unlawful and 

3 shall not be imposed or applied by any government: 

4 (1) A prohibition or ban on abortion prior to 

5 fetal viability. 

6 (2) A prohibition on abortion after fetal viabil7 ity when, in the good-faith medical judgment of the 

8 treating physician, continuation of the pregnancy 

9 would pose a risk to the pregnant woman’s life or 

10 health. 

11 (3) A restriction that limits a pregnant wom12 an’s ability to obtain an immediate abortion when a 

13 health care professional believes, based on her or his 

14 good-faith medical judgment, that delay would pose 

15 a risk to the woman’s health. 

16 (4) A measure or action that prohibits or re17 stricts a woman from obtaining an abortion prior to 

18 fetal viability based on her reasons or perceived rea19 sons or that requires a woman to state her reasons 

20 before obtaining an abortion prior to fetal viability. 

21 (d) LIMITATION.—The provisions of this Act shall 

22 not apply to laws regulating physical access to clinic en23 trances, requirements for parental consent or notification 

24 before a minor may obtain an abortion, insurance coverage 

25 or medical assistance of abortion, or the procedure deVerDate Sep 11 2014 23:31 Jan 24, 2015 Jkt 049200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H448.IH H448

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1 scribed in section 1531(b)(1) of title 18, United States 

2 Code. 

3 (e) EFFECTIVE DATE.—This Act shall apply to gov4 ernment restrictions on the provision of abortion services, 

5 whether statutory or otherwise, whether they are enacted 

6 or imposed prior to or after the date of enactment of this 

7 Act. 

8 SEC. 5. LIBERAL CONSTRUCTION. 

9 (a) LIBERAL CONSTRUCTION.—In interpreting the 

10 provisions of this Act, a court shall liberally construe such 

11 provisions to effectuate the purposes of the Act. 

12 (b) RULE OF CONSTRUCTION.—Nothing in this Act 

13 shall be construed to authorize any government to inter14 fere with a woman’s ability to terminate her pregnancy, 

15 to diminish or in any way negatively affect a woman’s con16 stitutional right to terminate her pregnancy, or to displace 

17 any other remedy for violations of the constitutional right 

18 to terminate a pregnancy. 

19 SEC. 6. ENFORCEMENT. 

20 (a) ATTORNEY GENERAL.—The Attorney General 

21 may commence a civil action for prospective injunctive re22 lief on behalf of the United States against any government 

23 official that is charged with implementing or enforcing any 

24 restriction that is challenged as unlawful under this Act. 

25 (b) PRIVATE RIGHT OF ACTION.— 


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1 (1) IN GENERAL.—Any individual or entity ag2 grieved by an alleged violation of this Act may com3 mence a civil action for prospective injunctive relief 

4 against the government official that is charged with 

5 implementing or enforcing the restriction that is 

6 challenged as unlawful under this Act. 

7 (2) FACILITY OR PROFESSIONAL.—A health 

8 care facility or medical professional may commence 

9 an action for prospective injunctive relief on behalf 

10 of the facility’s or professional’s patients who are or 

11 may be adversely affected by an alleged violation of 

12 this Act. 

13 (c) EQUITABLE RELIEF.—In any action under this 

14 section, the court may award appropriate equitable relief, 

15 including temporary, preliminary, or permanent injunctive 

16 relief. 

17 (d) COSTS.—In any action under this section, the 

18 court shall award costs of litigation, as well as reasonable 

19 attorney fees, to any prevailing plaintiff. A plaintiff shall 

20 not be liable to a defendant for costs in an action under 

21 this section. 

22 (e) JURISDICTION.—The district courts of the United 

23 States shall have jurisdiction over proceedings commenced 

24 pursuant to this section and shall exercise the same with25 out regard to whether the party aggrieved shall have exVerDate Sep 11 2014 23:31 Jan 24, 2015 Jkt 049200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\H448.IH H448

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1 hausted any administrative or other remedies that may be 

2 provided for by law. 

3 SEC. 7. PREEMPTION. 

4 No State or subdivision thereof shall enact or enforce 

5 any law, rule, regulation, standard, or other provision hav6 ing the force and effect of law that conflicts with any pro7 vision of this Act. 

8 SEC. 8. SEVERABILITY. 

9 If any provision of this Act, or the application of such 

10 provision to any person or circumstance, is held to be un11 constitutional, the remainder of this Act, or the applica12 tion of such provision to all other persons or cir13 cumstances, shall not be affected thereby. 

Æ 


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