I 

118TH CONGRESS 

1ST SESSION H. R. 782 

To prohibit the interference, under color of State law, with the provision 

of interstate abortion services, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 2, 2023 

Mrs. FLETCHER (for herself, Mr. RASKIN, Ms. STRICKLAND, Ms. ADAMS, Mr. 

ALLRED, Mr. AUCHINCLOSS, Ms. BALINT, Ms. BARRAGA ́N, Mrs. BEATTY, 

Mr. BEYER, Mr. BERA, Mr. BLUMENAUER, Ms. BLUNT ROCHESTER, Ms. 

BONAMICI, Mr. BOWMAN, Mr. BOYLE of Pennsylvania, Ms. BROWNLEY, 

Ms. BUDZINSKI, Ms. BUSH, Mr. CARBAJAL, Mr. CA ́RDENAS, Mr. CARTER

of Louisiana, Mr. CASAR, Mr. CASTEN, Ms. CASTOR of Florida, Mrs. 

CHERFILUS-MCCORMICK, Ms. CHU, Mr. CICILLINE, Ms. CLARKE of New 

York, Mr. CLEAVER, Mr. CONNOLLY, Mr. CORREA, Ms. CRAIG, Ms. 

CROCKETT, Mr. CROW, Ms. DEAN of Pennsylvania, Ms. DEGETTE, Ms. 

DELAURO, Ms. DELBENE, Mr. DELUZIO, Mr. DESAULNIER, Mrs. DINGELL, Mr. DOGGETT, Ms. ESCOBAR, Ms. ESHOO, Mr. ESPAILLAT, Mr. 

EVANS, Mr. FOSTER, Mrs. FOUSHEE, Ms. LOIS FRANKEL of Florida, Mr. 

FROST, Mr. GARAMENDI, Ms. GARCIA of Texas, Mr. ROBERT GARCIA of 

California, Mr. GOMEZ, Mr. GOTTHEIMER, Mr. GREEN of Texas, Mrs. 

HAYES, Mr. HIGGINS of New York, Mr. HIMES, Mr. HORSFORD, Mr. 

HUFFMAN, Mr. IVEY, Ms. JACKSON LEE, Ms. JACOBS, Ms. JAYAPAL, Mr. 

JOHNSON of Georgia, Ms. KAMLAGER-DOVE, Ms. KELLY of Illinois, Mr. 

KHANNA, Mr. KILDEE, Mr. KILMER, Mr. KIM of New Jersey, Ms. 

KUSTER, Mr. LANDSMAN, Mr. LARSEN of Washington, Mr. LARSON of 

Connecticut, Ms. LEE of California, Ms. LEGER FERNANDEZ, Mr. LEVIN, 

Mr. LIEU, Ms. LOFGREN, Mr. LYNCH, Mr. MAGAZINER, Ms. MANNING, 

Ms. MATSUI, Mrs. MCBATH, Ms. MCCOLLUM, Mr. MCGARVEY, Mr. 

MCGOVERN, Mr. MEEKS, Ms. MENG, Ms. MOORE of Wisconsin, Mr. 

MORELLE, Mr. MOSKOWITZ, Mr. MOULTON, Mr. MULLIN, Mr. NADLER, 

Mrs. NAPOLITANO, Mr. NEGUSE, Ms. NORTON, Ms. OCASIO-CORTEZ, Ms. 

OMAR, Mr. PALLONE, Mr. PANETTA, Mr. PAYNE, Mr. PETERS, Ms. 

PETTERSEN, Mr. PHILLIPS, Ms. PINGREE, Mr. POCAN, Ms. PORTER, Ms. 

PRESSLEY, Ms. ROSS, Mr. RUIZ, Mr. RUPPERSBERGER, Mr. RYAN, Ms. 

SALINAS, Ms. SA ́NCHEZ, Mr. SARBANES, Ms. SCANLON, Ms. SCHAKOWSKY, Mr. SCHIFF, Mr. SCHNEIDER, Ms. SCHOLTEN, Ms. SCHRIER, 

Mr. SCOTT of Virginia, Ms. SEWELL, Mr. SHERMAN, Ms. SHERRILL, Mr. 

SMITH of Washington, Mr. SORENSEN, Mr. SOTO, Ms. STANSBURY, Ms. 

STEVENS, Mr. SWALWELL, Mr. TAKANO, Mr. THOMPSON of California, 


pbinns on DSKJLVW7X2PROD with $$_JOB
2 

•HR 782 IH

Ms. TITUS, Ms. TLAIB, Mr. TONKO, Ms. TOKUDA, Mrs. TORRES of California, Mr. TORRES of New York, Mrs. TRAHAN, Mr. TRONE, Ms. 

UNDERWOOD, Mr. VEASEY, Ms. VELA ́ZQUEZ, Ms. WASSERMAN SCHULTZ, 

Mrs. WATSON COLEMAN, Ms. WEXTON, Ms. WILD, Ms. WILLIAMS of 

Georgia, Ms. WILSON of Florida, and Ms. PEREZ) introduced the following bill; which was referred to the Committee on Energy and Commerce 

A BILL 

To prohibit the interference, under color of State law, with 

the provision of interstate abortion services, and for other 

purposes. 

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 ‘‘Ensuring Women’s 

5 Right to Reproductive Freedom Act’’. 

6 SEC. 2. INTERFERENCE WITH INTERSTATE ABORTION 

7 SERVICES PROHIBITED. 

8 (a) INTERFERENCE PROHIBITED.—No person acting 

9 under color of State law, including any person who, by 

10 operation of a provision of State law, is permitted to im11 plement or enforce State law, may prevent, restrict, or im12 pede, or retaliate against, in any manner— 

13 (1) a health care provider’s ability to provide, 

14 initiate, or otherwise enable an abortion service that 

15 is lawful in the State in which the service is to be 


pbinns on DSKJLVW7X2PROD with $$_JOB
3 

•HR 782 IH

1 provided to a patient who does not reside in that 

2 State; 

3 (2) any person or entity’s ability to assist a 

4 health care provider to provide, initiate, or otherwise 

5 enable an abortion service that is lawful in the State 

6 in which the service is to be provided to a patient 

7 who does not reside in that State, if such assistance 

8 does not violate the law of that State; 

9 (3) any person’s ability to travel across a State 

10 line for the purpose of obtaining an abortion service 

11 that is lawful in the State in which the service is to 

12 be provided; 

13 (4) any person’s or entity’s ability to assist an14 other person traveling across a State line for the 

15 purpose of obtaining an abortion service that is law16 ful in the State in which the service is to be pro17 vided; or 

18 (5) the movement in interstate commerce, in ac19 cordance with Federal law or regulation, of any drug 

20 approved or licensed by the Food and Drug Admin21 istration for the termination of a pregnancy. 

22 (b) ENFORCEMENT BY ATTORNEY GENERAL.—The 

23 Attorney General may bring a civil action in the appro24 priate United States district court against any person who 

25 violates subsection (a) for declaratory and injunctive relief. 


pbinns on DSKJLVW7X2PROD with $$_JOB
4 

•HR 782 IH

1 (c) PRIVATE RIGHT OF ACTION.—Any person who is 

2 harmed by a violation of subsection (a) may bring a civil 

3 action in the appropriate United States district court 

4 against the person who violated such subsection for declar5 atory and injunctive relief, and for such compensatory 

6 damages as the court determines appropriate, including 

7 for economic losses and for emotional pain and suffering. 

8 The court may, in addition, award reasonable attorney’s 

9 fees and costs of the action to a prevailing plaintiff. 

10 (d) DEFINITIONS.—In this section: 

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

12 (A) an abortion, including the use of any 

13 drug approved or licensed by the Food and 

14 Drug Administration for the termination of a 

15 pregnancy; and 

16 (B) any health care service related to or 

17 provided in conjunction with an abortion 

18 (whether or not provided at the same time or 

19 on the same day as the abortion). 

20 (2) The term ‘‘health care provider’’ means any 

21 entity or individual (including any physician, cer22 tified nurse-midwife, nurse practitioner, physician’s 

23 assistant, or pharmacist) that is— 


pbinns on DSKJLVW7X2PROD with $$_JOB
5 

•HR 782 IH

1 (A) engaged or seeks to engage in the de2 livery of health care services, including abortion 

3 services; and 

4 (B) licensed or certified to perform such 

5 service under applicable State law. 

6 (3) The term ‘‘drug’’ has the meaning given 

7 such term in section 201 of the Federal Food, Drug, 

8 and Cosmetic Act (21 U.S.C. 321). 

9 (4) The term ‘‘State’’ includes the several 

10 States, the District of Columbia, the Commonwealth 

11 of Puerto Rico, the United States Virgin Islands, 

12 American Samoa, Guam, the Northern Mariana Is13 lands, each Indian tribe, and each territory or pos14 session of the United States. 

15 (e) SEVERABILITY.—If any provision of this Act, or 

16 the application of such provision to any person, entity, 

17 government, or circumstance, is held to be unconstitu18 tional, the remainder of this Act, or the application of such 

19 provision to all other persons, entities, governments, or 

20 circumstances, shall not be affected thereby. 

21 (f) RULE OF CONSTRUCTION.—Nothing in this Act 

22 shall be construed to limit the fundamental right to travel 

23 within the United States, including the District of Colum24 bia, Tribal lands, and the territories of the United States, 

25 nor to limit any existing enforcement authority of the AtVerDate Sep 11 2014 00:22 Feb 24, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H782.IH H782

pbinns on DSKJLVW7X2PROD with $$_JOB
6 

•HR 782 IH

1 torney General or any existing remedies available to ad2 dress a violation of such right. 

Æ 


pbinns on DSKJLVW7X2PROD with $$_JOB