I 
117TH CONGRESS 
2D SESSION 
H. R. 8650 
To ensure the right to provide reproductive health care services, and for 
other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
AUGUST 2, 2022 
Ms. SCHRIER (for herself, Mr. BERA, and Mr. RUIZ) 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 subse-
quently determined by the Speaker, in each case for consideration of such 
provisions as fall within the jurisdiction of the committee concerned 
A BILL 
To ensure the right to provide reproductive health care 
services, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Let Doctors Provide 
Reproductive Health Care Act’’. 
SEC. 2. DEFINITIONS. 
In this Act: 
(1) HEALTH
CARE
PROVIDER.—The term 
‘‘health care provider’’ means any entity, employee 
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of such entity, or individual (including any physi-
cian, certified nurse-midwife, nurse practitioner, and 
physician assistant) that— 
(A) is engaged or seeks to engage in the 
delivery of reproductive health care services; 
and 
(B) if required by State law to be licensed, 
certified, or otherwise authorized to engage in 
the delivery of such services— 
(i) is so licensed, certified, or other-
wise authorized; or 
(ii) would be so licensed, certified, or 
otherwise authorized, but for their past, 
present, or potential provision of abortion 
services. 
(2) REPRODUCTIVE HEALTH CARE SERVICES.— 
The term ‘‘reproductive health care services’’ means 
abortion services, contraception services, in vitro fer-
tilization, or other reproductive care, education, and 
counseling that— 
(A) is provided in a hospital, clinic, physi-
cian’s office, or other service site, or provided 
via telehealth, intended to provide medical, sur-
gical, counseling, or referral services; 
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(B) is provided in a medically accurate 
manner; and 
(C) in any way affects commerce over 
which the United States has jurisdiction. 
(3) STATE.—The term ‘‘State’’ means each of 
the 50 States, the District of Columbia, Puerto Rico, 
each territory and possession of the United States, 
and any subdivision of a State, including any unit 
of local government, such as a county, city, town, 
village, or other general purpose political subdivision 
of a State. 
SEC. 3. RIGHT TO PROVIDE REPRODUCTIVE HEALTH CARE 
SERVICES. 
(a) PROHIBITION.—No individual, entity, or State 
may prevent, restrict, impede, or disadvantage— 
(1) a health care provider from providing or as-
sisting with reproductive health care services lawful 
in the State in which the services are to be provided; 
(2) any individual or entity from assisting a 
health care provider in providing or assisting with 
reproductive health care services lawful in the State 
in which services are to be provided; or 
(3) a health care provider or any individual or 
entity from providing or assisting a health care pro-
vider with reproductive health care services for an 
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individual who does not reside in the State in which 
the services are to be provided. 
(b) ENFORCEMENT.— 
(1) ATTORNEY GENERAL.—The Attorney Gen-
eral may commence a civil action on behalf of the 
United States against any State, or against any gov-
ernment official, individual, or entity that enacts, 
implements, or enforces a limitation or requirement 
that violates subsection (a). The court shall hold un-
lawful and set aside the limitation or requirement if 
it is in violation of subsection (a). 
(2) PRIVATE
RIGHT
OF
ACTION.—Any indi-
vidual or entity adversely affected by an alleged vio-
lation of subsection (a) may commence a civil action 
against any State that violates this section or 
against any government official that enacts, imple-
ments, or enforces a limitation or requirement that 
violates subsection (a). The court shall hold unlawful 
and enjoin the limitation or requirement if it is in 
violation of subsection (a). 
(3) HEALTH CARE PROVIDER.—A health care 
provider may commence an action for relief on its 
own behalf, on behalf of the provider’s staff, and on 
behalf of the provider’s patients who are or may be 
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adversely affected by an alleged violation of sub-
section (a). 
(4) EQUITABLE RELIEF.—In any action under 
this section, the court may award appropriate equi-
table relief, including temporary, preliminary, or per-
manent injunctive relief. 
(5) COSTS.—In any action under this section, 
the court shall award costs of litigation, as well as 
reasonable attorney’s fees, to any prevailing plain-
tiff. A plaintiff shall not be liable to a defendant for 
costs or attorney’s fees in any non-frivolous action 
under this section. 
(6) JURISDICTION.—The district courts of the 
United States shall have jurisdiction over pro-
ceedings under this section and shall exercise the 
same without regard to whether the party aggrieved 
shall have exhausted any administrative or other 
remedies that may be provided for by law. 
(7) ABROGATION OF STATE IMMUNITY.—Nei-
ther a State that enforces or maintains, nor a gov-
ernment official who is permitted to implement or 
enforce, any limitation or requirement that violates 
subsection (a) shall be immune under the Tenth 
Amendment to the Constitution of the United 
States, the Eleventh Amendment to the Constitution 
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of the United States, or any other source of law, 
from an action in a Federal or State court of com-
petent jurisdiction challenging that limitation or re-
quirement. 
(8) RIGHT TO REMOVE.—Any party shall have 
a right to remove an action brought under this sub-
section to the district court of the United States for 
the district and division embracing the place where 
such action is pending. An order remanding the case 
to the State court from which it was removed under 
this paragraph may be immediately reviewable by 
appeal or otherwise. 
(c) RULES OF CONSTRUCTION.— 
(1) IN GENERAL.—Nothing in this section shall 
be construed to modify, supersede, or otherwise af-
fect the authority of any executive branch agency to 
promulgate regulations or otherwise implement laws. 
(2) OTHER INDIVIDUALS CONSIDERED AS GOV-
ERNMENT
OFFICIALS.—Any person who, by oper-
ation of a provision of Federal or State law, is per-
mitted to implement or enforce a limitation or re-
quirement that violates this section shall be consid-
ered a government official for purposes of this Act. 
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SEC. 4. PROHIBITION ON THE USE OF FEDERAL FUNDS. 
Notwithstanding any other provision of law, no Fed-
eral funds may be used by a State, including through a 
grant, contract, or cooperative agreement, to pursue legal 
cases against residents or other individuals or entities, or 
to take any other enforcement, disciplinary, or adverse li-
censing proceeding on the basis of such residents or other 
individuals or entities providing or assisting with repro-
ductive health care services that are lawful in the State 
in which the services are provided. 
SEC. 5. REPRODUCTIVE HEALTH CARE LEGAL SERVICES 
DEFENSE FUND GRANTS. 
(a) DEFINITIONS.—In this section: 
(1) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
ty’’ means an individual, partnership, firm, corpora-
tion, or nonprofit organization that has a specific ex-
pertise in providing legal assistance and is licensed 
to practice law. 
(2) ELIGIBLE PROVIDER.—The term ‘‘eligible 
provider’’ means a health care provider that— 
(A) provides or refers for abortion care 
services; and 
(B) faces legal issues relating to providing 
or assisting with reproductive health care serv-
ices. 
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(b) FUNDING.—There is appropriated to the Attor-
ney General, out of amounts in the Treasury not otherwise 
appropriated, $40,000,000, to remain available until ex-
pended, for purposes of awarding grants to eligible entities 
or consortia of eligible entities to provide legal assistance 
to eligible providers. 
(c) APPLICATION.— 
(1) IN GENERAL.—An eligible entity desiring a 
grant under this section shall submit an application 
to the Attorney General at such time, in such man-
ner, and containing such information as the Attor-
ney General may require. 
(2) JOINT APPLICATIONS.—Multiple eligible en-
tities may submit a joint application that designates 
a single eligible entity as the lead entity for the pur-
poses of receiving and disbursing funds received 
through a grant under this section. 
(d) USE OF FUNDS.—An eligible entity may use 
amounts received under a grant under this section— 
(1) to provide advice, legal services, or rep-
resentation to eligible providers, related to providing 
or assisting with reproductive health care services 
under Federal, State, and local law; 
(2) to educate eligible providers about the 
rights and obligations of the eligible provider related 
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to providing or assisting with reproductive health 
care services under Federal, State, and local law; 
(3) to monitor compliance by a State with Fed-
eral, State, and local laws related to providing or as-
sisting with reproductive health care services; and 
(4) for any other activity the Attorney General 
may reasonably prescribe that is related to providing 
or assisting with reproductive health care services 
under Federal, State, and local law. 
SEC. 6. REPRODUCTIVE HEALTH CARE SERVICES SECU-
RITY GRANTS. 
(a) IN GENERAL.—There is appropriated to the Sec-
retary of Health and Human Services (referred to in this 
section as the ‘‘Secretary’’), out of amounts in the Treas-
ury not otherwise appropriated, $40,000,000, for purposes 
of awarding grants to eligible providers (as defined in sec-
tion 5(a)(2)(A)) for enhanced security for staff and pa-
tients of such providers. 
(b) APPLICATION.—An eligible provider (as defined 
in section 5(a)) desiring a grant under this section shall 
submit an application to the Secretary at such time, in 
such manner, and containing such information as the Sec-
retary may require. 
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(c) USE OF FUNDS.—A recipient of a grant under 
this section may use such grant funds for any of the fol-
lowing purposes: 
(1) Providing physical upgrades to health care 
facilities to improve security. 
(2) Providing training in security to health care 
staff. 
(3) Improving capabilities to defend against 
cyberattacks. 
(4) Ensuring patient and provider data secu-
rity. 
(5) Providing protective services to staff and 
patients. 
(6) Any other activity, as the Secretary deter-
mines appropriate. 
SEC. 7. FAIR LIABILITY INSURANCE. 
An issuer of professional liability coverage for health 
care providers shall not— 
(1) deny a health care provider professional li-
ability coverage because that provider offers, sup-
ports, provides, or prescribes lawful reproductive 
health care services; or 
(2) sue a health care provider because that pro-
vider provides lawful reproductive health care serv-
ices. 
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SEC. 8. SEVERABILITY. 
If any provision of this Act, or the application of such 
provision to any person, entity, government, or cir-
cumstance, 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. 
Æ 
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