I 

118TH CONGRESS 

1ST SESSION H. R. 62 

To protect health care providers and people seeking reproductive health care 

services, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 9, 2023 

Ms. JACKSON LEE introduced the following bill; which was referred to the 

Committee on Energy and Commerce, and in addition to the Committee 

on the Judiciary, for a period to be subsequently determined by the 

Speaker, in each case for consideration of such provisions as fall within 

the jurisdiction of the committee concerned 

A BILL 

To protect health care providers and people seeking 

reproductive health care 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 ‘‘Safeguard Healthcare 

5 Industry Employees from Litigation and Distress Act’’ or 

6 the ‘‘SHIELD Act’’. 

7 SEC. 2. DEFINITIONS. 

8 In this Act: 


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1 (1) The term ‘‘reproductive health care service’’ 

2 includes, with respect to a current, potential, or an3 ticipated pregnancy— 

4 (A) a diagnosis; 

5 (B) an evaluation; 

6 (C) an assessment; 

7 (D) a consultation or the provision of ad8 vice, including with respect to decision making; 

9 (E) a treatment; and 

10 (F) an abortion-related health care service. 

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

12 entity or individual (including any physician, cer13 tified nurse-midwife, nurse practitioner, nurse, phy14 sician’s assistant, pharmacist, or other medical pro15 fessional) that is— 

16 (A) engaged or seeks to engage in decision 

17 making related to, or the delivery of, health 

18 care services, including reproductive health care 

19 services; and 

20 (B) licensed or certified to perform such 

21 service under applicable State law. 

22 (3) The term ‘‘State’’ includes the several 

23 States, the District of Columbia, the Commonwealth 

24 of Puerto Rico, the United States Virgin Islands, 

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1 lands, each Indian tribe, and each territory or pos2 session of the United States. 

3 SEC. 3. RESTRICTION ON CERTAIN DEPARTMENT OF JUS4 TICE LAW ENFORCEMENT FUNDING. 

5 (a) IN GENERAL.—The funds that a State would oth6 erwise receive under a covered grant program shall be re7 duced by 50 percent if the State has in effect a law that 

8 authorizes officers or employees of the State or of a unit 

9 of local government to prevent (including through criminal 

10 enforcement), restrict, impede, or retaliate against— 

11 (1) a health care provider who seeks to initiate, 

12 provide, or otherwise facilitate the provision of re13 productive health care services to a patient or pro14 spective patient; 

15 (2) any person or entity that seeks to assist a 

16 health care provider who seeks to initiate, provide, 

17 or otherwise facilitate the provision of reproductive 

18 health care services to a patient or prospective pa19 tient; 

20 (3) any person who seeks to gain access to— 

21 (A) reproductive health care services; or 

22 (B) a health care provider for the purpose 

23 of accessing reproductive health care services; 

24 or 


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1 (4) any person or entity that seeks to assist an2 other person who seeks to gain access to— 

3 (A) reproductive health care services; or 

4 (B) a health care provider for the purpose 

5 of accessing reproductive health care services. 

6 (b) COVERED GRANT PROGRAM.—In this section, the 

7 term ‘‘covered grant program’’ means grants under— 

8 (1) part Q of title I of the Omnibus Crime Con9 trol and Safe Streets Act of 1968 (34 U.S.C. 13081 

10 et seq.); and 

11 (2) subpart 1 of part E of title I of the Omni12 bus Crime Control and Safe Streets Act of 1968 (34 

13 U.S.C. 10151 et seq.). 

14 SEC. 4. INTERFERENCE BY OFFICERS OR EMPLOYEES OF A 

15 STATE OR UNIT OF LOCAL GOVERNMENT 

16 PROHIBITED. 

17 (a) IN GENERAL.—No officer or employee of a State 

18 or unit of local government may act under color of law 

19 in any manner that would have a discriminatory effect on 

20 a woman by preventing (including through criminal en21 forcement), restricting, impeding, or retaliating against— 

22 (1) a health care provider who seeks to initiate, 

23 provide, or otherwise facilitate the provision of re24 productive health care services to a patient or pro25 spective patient; 


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1 (2) any person or entity that seeks to assist a 

2 health care provider who seeks to initiate, provide, 

3 or otherwise facilitate the provision of reproductive 

4 health care services to a patient or prospective pa5 tient; 

6 (3) any person who seeks to gain access to— 

7 (A) reproductive health care services; or 

8 (B) a health care provider for the purpose 

9 of accessing reproductive health care services; 

10 or 

11 (4) any person or entity that seeks to assist an12 other person who seeks to gain access to— 

13 (A) reproductive health care services; or 

14 (B) a health care provider for the purpose 

15 of accessing reproductive health care services. 

16 (b) ENFORCEMENT BY ATTORNEY GENERAL.—The 

17 Attorney General may bring a civil action for declaratory 

18 and injunctive relief in the appropriate United States dis19 trict court against any person who violates subsection (a). 

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

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

22 action in the appropriate United States district court 

23 against the person who violated such subsection for— 

24 (1) declaratory and injunctive relief; 


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1 (2) such compensatory damages as the court 

2 determines appropriate, including for economic 

3 losses and for emotional pain and suffering; 

4 (3) such punitive damages as the court deter5 mines appropriate; and 

6 (4) reasonable attorney’s fees and costs of the 

7 action that the court determines appropriate to 

8 award to a prevailing plaintiff. 

9 (d) CRIMINAL PENALTY.—Whoever, in violating sub10 section (a), uses a deadly or dangerous weapon or inflicts 

11 bodily injury, shall be fined under title 18, United States 

12 Code, or imprisoned not more than 20 years, or both. 

13 (e) NO STATE IMMUNITY.—A State shall not be im14 mune under the eleventh amendment to the Constitution 

15 of the United States from an action in a Federal or State 

16 court of competent jurisdiction for a violation of this sec17 tion. 

18 SEC. 5. INTERFERENCE BY PERSONS NOT OFFICERS OR 

19 EMPLOYEES OF A STATE OR UNIT OF LOCAL 

20 GOVERNMENT PROHIBITED. 

21 (a) IN GENERAL.—No person who is not an officer 

22 or employee of a State or of a unit of local government, 

23 who, in a circumstance described in subsection (b), by op24 eration of a provision of State law attempts to implement 


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1 or enforce State law, may act or threaten to act in any 

2 manner to prevent, restrict, impede, or retaliate against— 

3 (1) a health care provider who seeks to initiate, 

4 provide, or otherwise facilitate the provision of re5 productive health care services to a patient or pro6 spective patient; 

7 (2) any person or entity that assists a health 

8 care provider who seeks to initiate, provide, or other9 wise facilitate the provision of reproductive health 

10 care services to a patient or prospective patient; 

11 (3) any person who seeks to gain access to— 

12 (A) reproductive health care services; or 

13 (B) a health care provider for the purpose 

14 of accessing reproductive health care services; 

15 or 

16 (4) any person or entity that seeks to assist an17 other person who seeks to gain access to— 

18 (A) reproductive health care services; or 

19 (B) a health care provider for the purpose 

20 of accessing reproductive health care services. 

21 (b) CIRCUMSTANCES DESCRIBED.—For the purposes 

22 of subsection (a), the circumstances described in this sub23 section are that— 

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1 ity, or instrumentality of interstate or foreign com2 merce, occurred in furtherance of or in connection 

3 with the conduct described in subsection (a); 

4 (2) a means, channel, facility, or instrumen5 tality of interstate or foreign commerce was used in 

6 furtherance of or in connection with the conduct de7 scribed in subsection (a); 

8 (3) any payment of any kind was made, directly 

9 or indirectly, in furtherance of or in connection with 

10 the conduct described in subsection (a) using any 

11 means, channel, facility, or instrumentality of inter12 state or foreign commerce or in or affecting inter13 state or foreign commerce; 

14 (4) any communication was transmitted in 

15 interstate or foreign commerce, relating to or in fur16 therance of the conduct described in subsection (a) 

17 using any means, channel, facility, or instrumen18 tality of interstate or foreign commerce or in or af19 fecting interstate or foreign commerce by any means 

20 or in manner, including by computer, mail, wire, or 

21 electromagnetic transmission; 

22 (5) any instrument, item, substance, or other 

23 object that has traveled in interstate or foreign com24 merce was used to perform the conduct described in 

25 subsection (a); 


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1 (6) the conduct described in subsection (a) oc2 curred within the special maritime and territorial ju3 risdiction of the United States, or any territory or 

4 possession of the United States; or 

5 (7) the conduct described in subsection (a) oth6 erwise occurred in or affected interstate or foreign 

7 commerce. 

8 (c) ENFORCEMENT BY ATTORNEY GENERAL.—The 

9 Attorney General may bring a civil action for declaratory 

10 and injunctive relief in the appropriate United States dis11 trict court against any person who violates subsection (a). 

12 (d) PRIVATE RIGHT OF ACTION.—Any person who is 

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

14 action in the appropriate United States district court 

15 against the person who violated such subsection for— 

16 (1) declaratory and injunctive relief; 

17 (2) such compensatory damages as the court 

18 determines appropriate, including for economic 

19 losses and for emotional pain and suffering; 

20 (3) such punitive damages as the court deter21 mines appropriate; and 

22 (4) reasonable attorney’s fees and costs of the 

23 action that the court determines appropriate to 

24 award to a prevailing plaintiff. 


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1 (e) CRIMINAL PENALTY.—Whoever, in violating sub2 section (a), uses a deadly or dangerous weapon or inflicts 

3 bodily injury, shall be fined under title 18, United States 

4 Code, or imprisoned not more than 20 years, or both. 

5 SEC. 6. SEVERABILITY. 

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

7 provision to any person, entity, government, or cir8 cumstance, is held to be unconstitutional, the remainder 

9 of this Act, or the application of such provision to all other 

10 persons, entities, governments, or circumstances, shall not 

11 be affected thereby. 

Æ 


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