SHIELD Act

Subjects: Crime and Law Enforcement, Abortion, Civil actions and liability, Criminal procedure and sentencing, Health personnel, Law enforcement administration and funding, Right of privacy, Sex and reproductive health, State and local government operations, Women's health, Women's rights

Summary:  <p><b>Safeguard Healthcare Industry Employees from Litigation and Distress Act or the SHIELD Act</b></p> <p>This bill establishes a framework to limit interference with persons seeking to provide or access reproductive health services at the state level. </p> <p>For the purposes of this summary, interference with persons seeking to provide or access reproductive health services includes acts to prevent, restrict, impede, or retaliate against</p> <ul> <li>a health care provider who provides reproductive health care services,</li> <li>any person or entity who helps health care providers to provide such services, </li> <li>any person who seeks to access such services, or </li> <li>any person or entity who helps another person to access such services.</li> </ul> <p>First, the bill reduces the allocation of funds under certain law enforcement grant programs for a state that has in effect a law authorizing state or local officers or employees to interfere with persons seeking to provide or access reproductive health services.</p> <p>Second, the bill prohibits interference with persons seeking to provide or access reproductive health care services</p> <ul> <li>by state or local officers or employees acting under color of law in any manner that would have a discriminatory effect on a woman, and </li> <li>by persons who are not state or local officers or employees and are attempting to implement or enforce a state law in circumstances affecting interstate commerce. </li> </ul> <p>The bill authorizes civil remedies for a violation, including damages and injunctive relief. Additionally, it authorizes criminal penalties for a violation involving the use of a deadly or dangerous weapon or the infliction of bodily injury.</p>

<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 62 Introduced in House (IH)]

&lt;DOC&gt;






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.

    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 ``Safeguard Healthcare Industry 
Employees from Litigation and Distress Act'' or the ``SHIELD Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) The term ``reproductive health care service'' includes, 
        with respect to a current, potential, or anticipated 
        pregnancy--
                    (A) a diagnosis;
                    (B) an evaluation;
                    (C) an assessment;
                    (D) a consultation or the provision of advice, 
                including with respect to decision making;
                    (E) a treatment; and
                    (F) an abortion-related health care service.
            (2) The term ``health care provider'' means any entity or 
        individual (including any physician, certified nurse-midwife, 
        nurse practitioner, nurse, physician's assistant, pharmacist, 
        or other medical professional) that is--
                    (A) engaged or seeks to engage in decision making 
                related to, or the delivery of, health care services, 
                including reproductive health care services; and
                    (B) licensed or certified to perform such service 
                under applicable State law.
            (3) 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.

SEC. 3. RESTRICTION ON CERTAIN DEPARTMENT OF JUSTICE LAW ENFORCEMENT 
              FUNDING.

    (a) In General.--The funds that a State would otherwise receive 
under a covered grant program shall be reduced by 50 percent if the 
State has in effect a law that authorizes officers or employees of the 
State or of a unit of local government to prevent (including through 
criminal enforcement), restrict, impede, or retaliate against--
            (1) a health care provider who seeks to initiate, provide, 
        or otherwise facilitate the provision of reproductive health 
        care services to a patient or prospective patient;
            (2) any person or entity that seeks to assist a health care 
        provider who seeks to initiate, provide, or otherwise 
        facilitate the provision of reproductive health care services 
        to a patient or prospective patient;
            (3) any person who seeks to gain access to--
                    (A) reproductive health care services; or
                    (B) a health care provider for the purpose of 
                accessing reproductive health care services; or
            (4) any person or entity that seeks to assist another 
        person who seeks to gain access to--
                    (A) reproductive health care services; or
                    (B) a health care provider for the purpose of 
                accessing reproductive health care services.
    (b) Covered Grant Program.--In this section, the term ``covered 
grant program'' means grants under--
            (1) part Q of title I of the Omnibus Crime Control and Safe 
        Streets Act of 1968 (34 U.S.C. 13081 et seq.); and
            (2) subpart 1 of part E of title I of the Omnibus Crime 
        Control and Safe Streets Act of 1968 (34 U.S.C. 10151 et seq.).

SEC. 4. INTERFERENCE BY OFFICERS OR EMPLOYEES OF A STATE OR UNIT OF 
              LOCAL GOVERNMENT PROHIBITED.

    (a) In General.--No officer or employee of a State or unit of local 
government may act under color of law in any manner that would have a 
discriminatory effect on a woman by preventing (including through 
criminal enforcement), restricting, impeding, or retaliating against--
            (1) a health care provider who seeks to initiate, provide, 
        or otherwise facilitate the provision of reproductive health 
        care services to a patient or prospective patient;
            (2) any person or entity that seeks to assist a health care 
        provider who seeks to initiate, provide, or otherwise 
        facilitate the provision of reproductive health care services 
        to a patient or prospective patient;
            (3) any person who seeks to gain access to--
                    (A) reproductive health care services; or
                    (B) a health care provider for the purpose of 
                accessing reproductive health care services; or
            (4) any person or entity that seeks to assist another 
        person who seeks to gain access to--
                    (A) reproductive health care services; or
                    (B) a health care provider for the purpose of 
                accessing reproductive health care services.
    (b) Enforcement by Attorney General.--The Attorney General may 
bring a civil action for declaratory and injunctive relief in the 
appropriate United States district court against any person who 
violates subsection (a).
    (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--
            (1) declaratory and injunctive relief;
            (2) such compensatory damages as the court determines 
        appropriate, including for economic losses and for emotional 
        pain and suffering;
            (3) such punitive damages as the court determines 
        appropriate; and
            (4) reasonable attorney's fees and costs of the action that 
        the court determines appropriate to award to a prevailing 
        plaintiff.
    (d) Criminal Penalty.--Whoever, in violating subsection (a), uses a 
deadly or dangerous weapon or inflicts bodily injury, shall be fined 
under title 18, United States Code, or imprisoned not more than 20 
years, or both.
    (e) No State Immunity.--A State shall not be immune under the 
eleventh amendment to the Constitution of the United States from an 
action in a Federal or State court of competent jurisdiction for a 
violation of this section.

SEC. 5. INTERFERENCE BY PERSONS NOT OFFICERS OR EMPLOYEES OF A STATE OR 
              UNIT OF LOCAL GOVERNMENT PROHIBITED.

    (a) In General.--No person who is not an officer or employee of a 
State or of a unit of local government, who, in a circumstance 
described in subsection (b), by operation of a provision of State law 
attempts to implement or enforce State law, may act or threaten to act 
in any manner to prevent, restrict, impede, or retaliate against--
            (1) a health care provider who seeks to initiate, provide, 
        or otherwise facilitate the provision of reproductive health 
        care services to a patient or prospective patient;
            (2) any person or entity that assists a health care 
        provider who seeks to initiate, provide, or otherwise 
        facilitate the provision of reproductive health care services 
        to a patient or prospective patient;
            (3) any person who seeks to gain access to--
                    (A) reproductive health care services; or
                    (B) a health care provider for the purpose of 
                accessing reproductive health care services; or
            (4) any person or entity that seeks to assist another 
        person who seeks to gain access to--
                    (A) reproductive health care services; or
                    (B) a health care provider for the purpose of 
                accessing reproductive health care services.
    (b) Circumstances Described.--For the purposes of subsection (a), 
the circumstances described in this subsection are that--
            (1) any travel in interstate or foreign commerce, or travel 
        enabled by a means, channel, facility, or instrumentality of 
        interstate or foreign commerce, occurred in furtherance of or 
        in connection with the conduct described in subsection (a);
            (2) a means, channel, facility, or instrumentality of 
        interstate or foreign commerce was used in furtherance of or in 
        connection with the conduct described in subsection (a);
            (3) any payment of any kind was made, directly or 
        indirectly, in furtherance of or in connection with the conduct 
        described in subsection (a) using any means, channel, facility, 
        or instrumentality of interstate or foreign commerce or in or 
        affecting interstate or foreign commerce;
            (4) any communication was transmitted in interstate or 
        foreign commerce, relating to or in furtherance of the conduct 
        described in subsection (a) using any means, channel, facility, 
        or instrumentality of interstate or foreign commerce or in or 
        affecting interstate or foreign commerce by any means or in 
        manner, including by computer, mail, wire, or electromagnetic 
        transmission;
            (5) any instrument, item, substance, or other object that 
        has traveled in interstate or foreign commerce was used to 
        perform the conduct described in subsection (a);
            (6) the conduct described in subsection (a) occurred within 
        the special maritime and territorial jurisdiction of the United 
        States, or any territory or possession of the United States; or
            (7) the conduct described in subsection (a) otherwise 
        occurred in or affected interstate or foreign commerce.
    (c) Enforcement by Attorney General.--The Attorney General may 
bring a civil action for declaratory and injunctive relief in the 
appropriate United States district court against any person who 
violates subsection (a).
    (d) 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--
            (1) declaratory and injunctive relief;
            (2) such compensatory damages as the court determines 
        appropriate, including for economic losses and for emotional 
        pain and suffering;
            (3) such punitive damages as the court determines 
        appropriate; and
            (4) reasonable attorney's fees and costs of the action that 
        the court determines appropriate to award to a prevailing 
        plaintiff.
    (e) Criminal Penalty.--Whoever, in violating subsection (a), uses a 
deadly or dangerous weapon or inflicts bodily injury, shall be fined 
under title 18, United States Code, or imprisoned not more than 20 
years, or both.

SEC. 6. 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.
                                 &lt;all&gt;
</pre></body></html>