Ensuring Women’s Right to Reproductive Freedom Act

Subjects: Civil Rights and Liberties, Minority Issues, Abortion, Civil actions and liability, Drug safety, medical device, and laboratory regulation, Drug therapy, Health care coverage and access, Health personnel, Right of privacy, Sex and reproductive health, Women's health

Summary:  <p><b>Ensuring Women's Right to Reproductive Freedom Act</b></p> <p>This bill prohibits anyone acting under state law from interfering with a person's ability to access out-of-state abortion services. (<i>Abortion services</i> include the use of any drugs that are approved to terminate pregnancies and any health care services related to an abortion, whether or not the services are provided at the same time or on the same day as the abortion.)</p> <p>Specifically, the bill prohibits any person acting under state law from preventing, restricting, impeding, or retaliating against</p> <ul> <li> health care providers who provide legal abortion services to out-of-state residents, </li> <li> any person or entity who helps health care providers to provide such services, </li> <li> any person who travels to another state to obtain such services, </li> <li>any person or entity who helps another person travel to another state to obtain such services, or</li> <li>the movement in interstate commerce of drugs that are approved to terminate pregnancies.</li> </ul> <p>The Department of Justice may enforce this bill through civil actions; the bill also establishes a private right of action for violations.</p>

<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 782 Introduced in House (IH)]

&lt;DOC&gt;






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. Barragan, 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. Cardenas, 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. Sanchez, 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, 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. Velazquez, 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.

    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 ``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 another 
        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 provided; 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 delivery 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 address a 
violation of such right.
                                 &lt;all&gt;
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