(13) Although Congress may not create con-
stitutional rights without amending the Constitution, 
Congress may, where authorized by its enumerated 
powers and not prohibited by the Constitution, enact 
legislation to create and secure statutory rights in 
areas of legitimate national concern. 
(14) Congress has the affirmative power under 
section 8 of article I of the Constitution and section 
5 of the 14th amendment to the Constitution to 
enact legislation to facilitate interstate commerce 
and to prevent State interference with interstate 
commerce, liberty, or equal protection of the laws. 
(15) Federal protection of a woman’s right to 
choose to prevent or terminate a pregnancy falls 
within this affirmative power of Congress, in part, 
because— 
(A) many women cross State lines to ob-
tain abortions and many more would be forced 
to do so absent a constitutional right or Federal 
protection; 
(B) reproductive health clinics are com-
mercial actors that regularly purchase medicine, 
medical equipment, and other necessary sup-
plies from out-of-State suppliers; and 
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(C) reproductive health clinics employ doc-
tors, nurses, and other personnel who travel 
across State lines in order to provide reproduc-
tive health services to patients. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) GOVERNMENT.—The term ‘‘government’’ 
includes a branch, department, agency, instrumen-
tality, or official (or other individual acting under 
color of law) of the United States, a State, or a sub-
division of a State. 
(2) STATE.—The term ‘‘State’’ means each of 
the States, the District of Columbia, the Common-
wealth of Puerto Rico, and each territory or posses-
sion of the United States. 
(3) VIABILITY.—The term ‘‘viability’’ means 
that stage of pregnancy when, in the best medical 
judgment of the attending physician based on the 
particular medical facts of the case before the physi-
cian, there is a reasonable likelihood of the sustained 
survival of the fetus outside of the woman. 
SEC. 4. INTERFERENCE WITH REPRODUCTIVE HEALTH 
PROHIBITED. 
(a) STATEMENT OF POLICY.—It is the policy of the 
United States that every woman has the fundamental 
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right to choose to bear a child, to terminate a pregnancy 
prior to fetal viability, or to terminate a pregnancy after 
fetal viability when necessary to protect the life or health 
of the woman. 
(b) PROHIBITION
OF INTERFERENCE.—A govern-
ment may not— 
(1) deny or interfere with a woman’s right to 
choose— 
(A) to bear a child; 
(B) to terminate a pregnancy prior to via-
bility; or 
(C) to terminate a pregnancy after viability 
where termination is necessary to protect the 
life or health of the woman; or 
(2) discriminate against the exercise of the 
rights set forth in paragraph (1) in the regulation 
or provision of benefits, facilities, services, or infor-
mation. 
(c) CIVIL ACTION.—An individual aggrieved by a vio-
lation of this section may obtain appropriate relief (includ-
ing relief against a government) in a civil action. 
SEC. 5. SEVERABILITY. 
If any provision of this Act, or the application of such 
provision to any person or circumstance, is held to be un-
constitutional, the remainder of this Act, or the applica-
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