Medical Travel Assistance to Protect Women’s Right to Choose Act of 2021
Bill: H.R.5542 | Sponsor: Rep. Sherman, Brad (D-CA)
Policy area: Health

Summary:
Medical Travel Assistance to Protect Women's Right to Choose Act of 2021
This bill establishes a program to distribute funds to cover the travel expenses of individuals who must travel out of state to obtain certain abortion services.
Specifically, the Department of Health and Human Services (HHS) may award up to $1,000 to an individual who (1) is a resident of a state that does not have a state law protecting the right to abortion services before fetal viability, and (2) traveled to another state to receive abortion services. HHS may increase the award amount in extraordinary circumstances.

To direct the Secretary of Health and Human Services to establish a 
  grant program to facilitate the distribution of funding for travel 
 related expenses paid by individuals impacted by restrictions to the 
        provision of 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 ``Medical Travel Assistance to Protect 
Women's Right to Choose Act of 2021''.

SEC. 2. SENSE OF CONGRESS.

    It is the sense of Congress that the Attorney General shall 
undertake all necessary actions to prevent a State from frustrating the 
protections outlined in Roe v. Wade (410 U.S. 113 (1973)).

SEC. 3. GRANTS TO INDIVIDUALS IMPACTED BY RESTRICTIONS TO PROVISION OF 
              ABORTION SERVICES.

    (a) Establishment.--Not later than 30 days after the date of the 
enactment of this Act, the Secretary of Health and Human Services shall 
establish a program (in this Act referred to as the ``Program'') to 
facilitate the distribution of funding for travel related expenses paid 
with respect to accessing an abortion service by an individual residing 
in a State that does not have a State law protecting the right to 
abortion services before the fetus is viable.
    (b) Grant Authority.--In carrying out the Program, the Secretary 
may award a grant to each individual in accordance with this section.
    (c) Eligible Recipients.--The Secretary may award a grant under the 
Program to any individual determined by the Secretary to--
            (1) be a resident of a State that does not have a State law 
        protecting the right to abortion services before the fetus is 
        viable; and
            (2) have traveled to a State other than the State of such 
        individual's residence to be provided abortion services.
    (d) Applications.--To be eligible for a grant under the Program, 
the individual shall submit to the Secretary an application in such 
form, at such time, and containing such information as the Secretary 
determines appropriate.
    (e) Grant Amount.--
            (1) In general.--The amount of the grant awarded under the 
        Program shall be up to $1,000 and based on the travel related 
        expenses paid by an eligible recipient.
            (2) Additional amount.--In extraordinary circumstances, as 
        determined by the Secretary, the amount of the grant awarded 
        under the Program may exceed $1,000.
    (f) Travel Related Expenses Defined.--In this section, the term 
``travel related expenses''--
            (1) includes--
                    (A) the expense of round trip travel to the 
                location where the abortion service is provided; and
                    (B) lodging and meals; and
            (2) does not include--
                    (A) costs with respect to the provision of the 
                abortion service; or
                    (B) wages lost as a result of travel undertaken to 
                receive such service.
    (g) Fetus Is Viable Defined.--The term ``fetus is viable'' means 
the time at which there is established medical consensus that the fetus 
has the potential to survive outside the uterus after birth, natural or 
induced.
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