[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8838 Introduced in House (IH)]
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117th CONGRESS
2d Session
H. R. 8838
To protect health care providers and people seeking reproductive health
care services, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 15, 2022
Ms. Jackson Lee (for herself, Ms. Lee of California, and Mr. Kahele)
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.
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