Sponsor Rep. Fletcher, Lizzie [D-TX-7] (Introduced 07/07/2022)

Committees:House - Energy and Commerce

Latest Action:Senate - 07/18/2022 Received in the Senate.

AN ACT 

To prohibit the interference, under color of State law, with the provision of interstate abortion services, and for other purposes. 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Ensuring Women’s Right to Reproductive Freedom Act’’. 

SEC. 2. INTERFERENCE WITH INTERSTATE ABORTION 

SERVICES PROHIBITED. 

(a) INTERFERENCE PROHIBITED.—No person acting under color of State law, including any person who, by operation of a provision of State law, is permitted to implement or enforce State law, may prevent, restrict, or impede, or retaliate against, in any manner— 

     (1) a health care provider’s ability to provide,  initiate, or otherwise enable an abortion service that is lawful in the State in which the service is to be provided to a patient who does not reside in that State; 

     (2) any person or entity’s ability to assist a health care provider to provide, initiate, or otherwise enable an abortion service that is lawful in the State in which the service is to be provided to a patient who does not reside in that State, if such assistance does not violate the law of that State; 

     (3) any person’s ability to travel across a State line for the purpose of obtaining an abortion service that is lawful in the State in which the service is to be provided; 

     (4) any person’s or entity’s ability to assist an- other person traveling across a State line for the purpose of obtaining an abortion service that is lawful in the State in which the service is to be pro- vided; or 

     (5) the movement in interstate commerce, in accordance with Federal law or regulation, of any drug approved or licensed by the Food and Drug Administration for the termination of a pregnancy. 

(b) ENFORCEMENT BY ATTORNEY GENERAL.—The Attorney General may bring a civil action in the appropriate United States district court against any person who violates subsection (a) for declaratory and injunctive relief. 

(c) PRIVATE RIGHT OF ACTION.—Any person who is harmed by a violation of subsection (a) may bring a civil action in the appropriate United States district court against the person who violated such subsection for declaratory and injunctive relief, and for such compensatory damages as the court determines appropriate, including for economic losses and for emotional pain and suffering. The court may, in addition, award reasonable attorney’s fees and costs of the action to a prevailing plaintiff. 

(d) DEFINITIONS.—In this section: 

(1) The term ‘‘abortion service’’ means— 

     (A) an abortion, including the use of any drug approved or licensed by the Food and Drug Administration for the termination of a pregnancy; and 

     (B) any health care service related to or provided in conjunction with an abortion (whether or not provided at the same time or on the same day as the abortion).

(2) The term ‘‘health care provider’’ means any entity or individual (including any physician, certified nurse-midwife, nurse practitioner, physician’s assistant, or pharmacist) that is— 

     (A) engaged or seeks to engage in the de- livery of health care services, including abortion services; and 

     (B) licensed or certified to perform such service under applicable State law.

(3) The term ‘‘drug’’ has the meaning given such term in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321). 

(4) The term ‘‘State’’ includes the several States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, American Samoa, Guam, the Northern Mariana Islands, each Indian tribe, and each territory or possession of the United States. 

(e) 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. 

(f) RULE OF CONSTRUCTION.—Nothing in this Act shall be construed to limit the fundamental right to travel within the United States, including the District of Columbia, Tribal lands, and the territories of the United States, nor to limit any existing enforcement authority of the Attorney General or any existing remedies available to ad- dress a violation of such right. 

Passed the House of Representatives July 15, 2022.