SHIELD Act

To protect health care providers and people seeking reproductive health care services, and for other purposes. 1. Short title This Act may be cited as the Safeguard Healthcare Industry Employees from Litigation and Distress Act SHIELD Act 2. Definitions In this Act: (1) The term reproductive health care service (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 (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 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 (1) part Q of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 13081 et seq. (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. 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. 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. 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.

Summary: Safeguard Healthcare Industry Employees from Litigation and Distress Act or the SHIELD Act This bill establishes a framework to limit interference with persons seeking to provide or access reproductive health services at the state level. 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 a health care provider who provides reproductive health care services, any person or entity who helps health care providers to provide such services, any person who seeks to access such services, or any person or entity who helps another person to access such services. 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. Second, the bill prohibits interference with persons seeking to provide or access reproductive health care services 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 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. 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.