119-s2150

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 2150 Introduced in Senate

    (IS) ]

<DOC>

119th CONGRESS
 1st Session
 S. 2150

To protect a person's ability to determine whether to continue or end a 
 pregnancy, and to protect a health care provider's ability to provide 
 abortion services.

_______________________________________________________________________

 IN THE SENATE OF THE UNITED STATES

 June 24, 2025

Ms. Baldwin (for herself, Mr. Blumenthal, Mr. Schumer, Mrs. Murray, Mr. 
 Durbin, Ms. Alsobrooks, Mr. Bennet, Ms. Blunt Rochester, Mr. Booker, 
 Ms. Cantwell, Mr. Coons, Ms. Cortez Masto, Ms. Duckworth, Mr. 
Fetterman, Mr. Gallego, Mrs. Gillibrand, Ms. Hassan, Mr. Heinrich, Mr. 
Hickenlooper, Ms. Hirono, Mr. Kaine, Mr. Kelly, Mr. Kim, Mr. King, Ms. 
Klobuchar, Mr. Lujan, Mr. Markey, Mr. Merkley, Mr. Murphy, Mr. Ossoff, 
Mr. Padilla, Mr. Peters, Mr. Reed, Ms. Rosen, Mr. Sanders, Mr. Schatz, 
 Mr. Schiff, Mrs. Shaheen, Ms. Slotkin, Ms. Smith, Mr. Van Hollen, Mr. 
 Warner, Mr. Warnock, Ms. Warren, Mr. Welch, Mr. Whitehouse, and Mr. 
Wyden) introduced the following bill; which was read twice and referred 
 to the Committee on the Judiciary

_______________________________________________________________________

 A BILL

To protect a person's ability to determine whether to continue or end a 
 pregnancy, and to protect a health care provider's ability to provide 
 abortion services.

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

SECTION 1. SHORT TITLE.

 This Act may be cited as the ``Women's Health Protection Act of 
2025''.

SEC. 2. PURPOSE.

 The purposes of this Act are as follows:

    (1) To permit people to seek and obtain abortion services, 
 and to permit health care providers to provide abortion 
 services, without harmful or unwarranted limitations or 
 requirements that single out the provision of abortion services 
 for restrictions that are more burdensome than those 
 restrictions imposed on medically comparable procedures, do 
 not, on the basis of the weight of established clinical 
 practice guidelines consistent with medical evidence, 
 significantly advance reproductive health or the safety of 
 abortion services, or make abortion services more difficult to 
 access.

    (2) To promote access to abortion services and thereby 
 protect women's ability to participate equally in the economic 
 and social life of the United States.

    (3) To protect people's ability to make decisions about 
 their bodies, medical care, family, and life's course.

    (4) To eliminate unwarranted burdens on commerce and the 
 right to travel. Abortion bans and restrictions invariably 
 affect commerce over which the United States has jurisdiction. 
 Health care providers engage in economic and commercial 
 activity when they provide abortion services. Moreover, there 
 is an interstate market for abortion services and, in order to 
 provide such services, health care providers engage in 
 interstate commerce to purchase medicine, medical equipment, 
 and other necessary goods and services; to obtain and provide 
 training; and to employ and obtain commercial services from 
 health care personnel, many of whom themselves engage in 
 interstate commerce, including by traveling across State lines. 
 Individuals engage in the interstate market by purchasing 
 abortion services, including the purchase, use, and consumption 
 of medicine, medical equipment, and other necessary goods and 
 services transited in the stream of interstate commerce, the 
 receipt of telemedicine services, and traveling across State 
 lines to purchase and receive abortion services or assist 
 others in purchasing or receiving such services. The increase 
 in abortion prohibitions and restrictions in a subset of States 
 since 2022 cause women to travel to other States for abortion 
 care, which, in turn, affects the health care systems of those 
 States that provide the treatment and has exponentially 
 increased the burden on interstate commerce and the 
 instrumentalities of interstate commerce. Congress has the 
 authority to enact this Act to protect access to abortion 
 services pursuant to--
        (A) its powers under the commerce clause of 

section 8 of Article I of the Constitution of the United 
 States;
        (B) its powers under 

section 5 of the Fourteenth 
 Amendment to the Constitution of the United States to 
 enforce the provisions of 

section 1 of the Fourteenth 
 Amendment; and
            (C) its powers under the necessary and proper 
 clause of 

section 8 of Article I of the Constitution of 
 the United States.

SEC. 3. DEFINITIONS.

 In this Act:

    (1) Abortion services.--The term ``abortion services'' 
 means an abortion and any medical or non-medical services 
 related to and provided in conjunction with an abortion 
 (whether or not provided at the same time or on the same day as 
 the abortion).

    (2) Government.--The term ``government'' includes each 
 branch, department, agency, instrumentality, and official of 
 the United States or a State.

    (3) Health care provider.--The term ``health care 
 provider'' means any entity (including any hospital, clinic, or 
 pharmacy (whether physical, mobile, or virtual)) or individual 
 (including any physician, certified nurse-midwife, nurse 
 practitioner, advanced practice clinician, registered nurse, 
 pharmacist, or physician assistant) that--
        (A) is engaged or seeks to engage in the delivery 
 of health care services, including abortion services; 
 and
        (B) if required by law or regulation to be licensed 
 or certified to engage in the delivery of such 
 services--
            (i) is so licensed or certified; or
            (ii) would be so licensed or certified but 
 for their past, present, or potential provision 
 of abortion services protected by 

section 4.

    (4) Medically comparable procedures.--The term ``medically 
 comparable procedures'' means medical procedures that are 
 similar, on the basis of the weight of established clinical 
 practice guidelines consistent with medical evidence, in terms 
 of health and safety risks to the patient, complexity, or the 
 clinical setting that is indicated.

    (5) Pregnancy.--The term ``pregnancy'' refers to the period 
 of the human reproductive process beginning with the 
 implantation of a fertilized egg.

    (6) State.--The term ``State'' includes the District of 
 Columbia, the Commonwealth of Puerto Rico, and each territory 
 and possession of the United States, and any subdivision of any 
 of the foregoing, including any unit of local government, such 
 as a county, city, town, village, or other general purpose 
 political subdivision of a State.

    (7) Viability.--The term ``viability'' means the point in a 
 pregnancy at which, in the good-faith medical judgment of the 
 treating health care provider, and based on the particular 
 facts of the case before the health care provider, there is a 
 reasonable likelihood of sustained fetal survival outside the 
 uterus with or without artificial support.

SEC. 4. PROTECTED ACTIVITIES AND SERVICES.

    (a) General Rules.--

    (1) Pre-viability.--A health care provider has a right 
 under this Act to provide such abortion services, and a patient 
 has a corresponding right under this Act to terminate a 
 pregnancy prior to viability without being subject to any of 
 the following limitations or requirements:
        (A) A prohibition on abortion prior to viability, 
 including a prohibition or restriction on a particular 
 abortion procedure or method, or a prohibition on 
 providing or obtaining such abortions.
        (B) A limitation on a health care provider's 
 ability to prescribe or dispense drugs that could be 
 used for reproductive health purposes based on current 
 evidence-based regimens or the provider's good-faith 
 medical judgment, or a limitation on a patient's 
 ability to receive or use such drugs, other than a 
 limitation generally applicable to the prescription, 
 dispensing, or distribution of drugs.
            (C) A limitation on a health care provider's 
 ability to provide, or a patient's ability to receive, 
 abortion services via telemedicine, other than a 
 limitation generally applicable to the provision of 
 medically comparable services via telemedicine.
            (D) A limitation or prohibition on a patient's 
 ability to receive, or a provider's ability to provide, 
 abortion services in a State based on the State of 
 residency of the patient, or a prohibition or 
 limitation on the ability of any individual to assist 
 or support a patient seeking abortion.
        (E) A requirement that a health care provider 
 perform specific tests or medical procedures in 
 connection with the provision of abortion services 
 (including prior to or subsequent to the abortion), 
 unless such tests or procedures are standard to the 
 weight of established clinical practice guidelines 
 consistent with medical evidence pertaining to abortion 
 services.
        (F) A requirement that a health care provider offer 
 or provide a patient seeking abortion services 
 medically inaccurate information that is not compatible 
 with the weight of established clinical practice 
 guidelines.
        (G) A limitation or requirement concerning the 
 physical plant, equipment, staffing, or hospital 
 transfer arrangements of facilities where abortion 
 services are provided, or the credentials or hospital 
 privileges or status of personnel at such facilities, 
 that is not imposed on facilities or the personnel of 
 facilities where medically comparable procedures are 
 performed.
        (H) A requirement that, prior to obtaining an 
 abortion, a patient make one or more medically 
 unnecessary in-person visits to the provider of 
 abortion services or to any individual or entity that 
 does not provide abortion services.
            (I) A limitation on a health care provider's 
 ability to provide immediate abortion services when 
 that health care provider believes, based on the good-
 faith medical judgment of the provider, that delay 
 would pose a risk to the patient's life or health.
        (J) A requirement that a patient seeking abortion 
 services at any point or points in time prior to 
 viability disclose the patient's reason or reasons for 
 seeking abortion services, or a limitation on providing 
 or obtaining abortion services at any point or points 
 in time prior to viability based on any actual, 
 perceived, or potential reason or reasons of the 
 patient for obtaining abortion services, regardless of 
 whether the limitation is based on a health care 
 provider's actual or constructive knowledge of such 
 reason or reasons.

    (2) Post-viability.--
        (A) In general.--A health care provider has a right 
 under this Act to provide abortion services and a 
 patient has a corresponding right under this Act to 
 terminate a pregnancy after viability when, in the 
 good-faith medical judgement of the treating health 
 care provider, it is necessary to protect the life or 
 health of the patient. This subparagraph shall not 
 otherwise apply after viability.
        (B) Additional circumstances.--A State may provide 
 additional circumstances under which post viability 
 abortions are permitted.
            (C) Limitation.--In the case where a termination of 
 a pregnancy after viability, in the good-faith medical 
 judgement of the treating health care provider, is 
 necessary to protect the life or health of the patient, 
 none of the limitations or requirements described in 
 paragraph

    (1) shall be imposed by law.

    (b) Other Limitations or Requirements.--The rights described in 
subsection

    (a) shall not be limited or otherwise infringed through any 
other limitation or requirement that--

    (1) expressly, effectively, implicitly, or as implemented, 
 targets abortion, the provision of abortion services, 
 individuals who seek abortion services or who provide 
 assistance and support to those seeking abortion services, 
 health care providers who provide abortion services, or 
 facilities in which abortion services are provided; and

    (2) impedes access to abortion services.
            (c) Factors for Consideration.--A court may consider the following 
factors, among others, in determining whether a limitation or 
requirement impedes access to abortion services for purposes of 
subsection

    (b)

    (2) :

    (1) Whether the limitation or requirement, in a provider's 
 good-faith medical judgment, interferes with a health care 
 provider's ability to provide care and render services, or 
 poses a risk to the patient's health or safety.

    (2) Whether the limitation or requirement is reasonably 
 likely to delay or deter a patient in accessing abortion 
 services.

    (3) Whether the limitation or requirement is reasonably 
 likely to directly or indirectly increase the cost of providing 
 abortion services or the cost for obtaining abortion services 
 such as costs associated with travel, childcare, or time off 
 work.

    (4) Whether the limitation or requirement is reasonably 
 likely to have the effect of necessitating patient travel that 
 would not otherwise have been required, including by making it 
 necessary for a patient to travel out of State to obtain 
 services.

    (5) Whether the limitation or requirement is reasonably 
 likely to result in a decrease in the availability of abortion 
 services in a given State or geographic region.

    (6) Whether the limitation or requirement imposes penalties 
 that are not imposed on other health care providers for 
 comparable conduct or failure to act, or that are more severe 
 than penalties imposed on other health care providers for 
 comparable conduct or failure to act.

    (7) The cumulative impact of the limitation or requirement 
 combined with other limitations or requirements.
            (d) Exception.--To defend against a claim that a limitation or 
requirement violates a health care provider's or patient's rights under 
subsection

    (b) a party must establish, by clear and convincing 
evidence, that the limitation or requirement is essential to 
significantly advance the safety of abortion services or the health of 
patients and that the safety or health objective cannot be accomplished 
by a different means that does not interfere with the right protected 
under subsection

    (b) .

SEC. 5. PROTECTION OF THE RIGHT TO TRAVEL.

 A person has a fundamental right under the Constitution of the 
United States and this Act to travel to a State other than the person's 
State of residence, including to obtain reproductive health services 
such as prenatal, childbirth, fertility, and abortion services, and a 
person has a right under this Act to assist another person to obtain 
such services or otherwise exercise the right described in this 
section.

SEC. 6. APPLICABILITY AND PREEMPTION.

    (a) In General.--

    (1) Superseding inconsistent laws.--Except as provided 
 under subsection

    (b) , this Act shall supersede any inconsistent 
 Federal or State law, and the implementation of such law, 
 whether statutory, common law, or otherwise, and whether 
 adopted prior to or after the date of enactment of this Act. A 
 Federal or State government official shall not administer, 
 implement, or enforce any law, rule, regulation, standard, or 
 other provision having the force and effect of law that 
 conflicts with any provision of this Act, notwithstanding any 
 other provision of Federal law, including the Religious Freedom 
 Restoration Act of 1993 (42 U.S.C. 2000bb et seq.).

    (2) Laws after date of enactment.--Federal law enacted 
 after the date of the enactment of this Act shall be subject to 
 this Act unless such law explicitly excludes such application 
 by reference to this Act.

    (b) Limitations.--The provisions of this Act shall not supersede or 
apply to--

    (1) laws regulating physical access to clinic entrances, 
 such as the Freedom of Access to Clinic Entrances Act of 1994 
 (18 U.S.C. 248);

    (2) laws regulating insurance or medical assistance 
 coverage of abortion services;

    (3) the procedure described in 

section 1531

    (b)

    (1) of title 
 18, United States Code; or

    (4) generally applicable State contract law.
            (c) Preemption Defense.--In any legal or administrative action 
against a person or entity who has exercised or attempted to exercise a 
right protected by 

section 4 or 

section 5 or against any person or 
entity who has taken any step to assist any such person or entity in 
exercising such right, this Act shall also apply to, and may be raised 
as a defense by, such person or entity, in addition to the remedies 
specified in 

section 8.

SEC. 7. RULES OF CONSTRUCTION.

    (a) Liberal Construction by Courts.--In any action before a court 
under this Act, the court shall liberally construe the provisions of 
this Act to effectuate the purposes of the Act.

    (b) Protection of Life and Health.--Nothing in this Act shall be 
construed to authorize any government official to interfere with, 
diminish, or negatively affect a person's ability to obtain or provide 
abortion services prior to viability, or after viability when, in the 
good-faith medical judgment of the treating health care provider, 
continuation of the pregnancy would pose a risk to the pregnant 
patient's life or health.
            (c) Government Officials.--Any person who, by operation of a 
provision of Federal or State law, including through the grant of a 
private cause of action, is permitted to implement or enforce a 
limitation or requirement that violates 

section 4 or 5 shall be 
considered a government official for purposes of this Act.

SEC. 8. ENFORCEMENT.

    (a) Attorney General.--The Attorney General may commence a civil 
action on behalf of the United States in any district court of the 
United States against any State that violates, or against any 
government official (including a person described in 

section 7
            (c) ) who 
implements or enforces a limitation or requirement that violates, 

section 4 or 5. The court shall declare unlawful the limitation or 
requirement if it is determined to be in violation of this Act.

    (b) Private Right of Action.--

    (1) In general.--Any individual or entity adversely 
 affected by an alleged violation of this Act, including any 
 person or health care provider, may commence a civil action 
 against any government official (including a person described 
 in 

section 7
            (c) ) that implements or enforces a limitation or 
 requirement that violates 

section 4 or 5. The court shall 
 declare unlawful the limitation or requirement if it is 
 determined to be in violation of this Act.

    (2) Health care provider.--A health care provider may 
 commence an action for relief on its own behalf, on behalf of 
 the provider's staff, and on behalf of the provider's patients 
 who are or may be adversely affected by an alleged violation of 
 this Act.
            (c) Pre-Enforcement Challenges.--A suit under subsection

    (a) or

    (b) may be brought to prevent enforcement or implementation of a State 
limitation or requirement that is inconsistent with 

section 4 or 5.
            (d) Declaratory and Equitable Relief.--In any action under this 
section, the court may award appropriate declaratory and equitable 
relief, including temporary, preliminary, or permanent injunctive 
relief.

    (e) Costs.--In any action under this section, the court shall award 
costs of litigation, as well as reasonable attorney's fees, to any 
prevailing plaintiff. A plaintiff shall not be liable to a defendant 
for costs or attorney's fees in any non-frivolous action under this 
section.

    (f) Jurisdiction.--The district courts of the United States shall 
have 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 law.

    (g) Abrogation of State Immunity.--Neither a State that enforces or 
maintains, nor a government official (including a person described in 

section 7
            (c) ) who is permitted to implement or enforce any limitation 
or requirement that violates 

section 4 or 5 shall be immune under the 
Tenth Amendment to the Constitution of the United States, the Eleventh 
Amendment to the Constitution of the United States, or any other source 
of law, from an action in a Federal or State court of competent 
jurisdiction challenging that limitation or requirement, unless such 
immunity is required by clearly established Federal law, as determined 
by the Supreme Court of the United States.

SEC. 9. EFFECTIVE DATE.

 This Act shall take effect upon the date of enactment of this Act.

SEC. 10. SEVERABILITY.

 If any provision of this Act, or the application of such provision 
to any person, entity, government, or circumstance, is held to be 
unconstitutional, the remainder of this Act, or the application of such 
provision to all other persons, entities, governments, or 
circumstances, shall not be affected thereby.
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