[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2907 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 2907
To ensure the right to provide reproductive health care services, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 26, 2023
Ms. Schrier (for herself, Mr. Bera, Ms. Caraveo, 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 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 ensure the right to provide 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 ``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 of such entity, or
individual (including any physician, certified nurse-midwife,
nurse practitioner, physician assistant, and pharmacist) 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 otherwise
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 fertilization, or other
reproductive care, education, and counseling that--
(A) is provided in a hospital, clinic, physician's
office, pharmacy, or other service site, or provided
via telehealth, intended to provide medical, surgical,
counseling, or referral services;
(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 assisting 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 provider with reproductive
health care services for an individual who does not reside in
the State in which the services are to be provided.
(b) Enforcement.--
(1) Attorney general.--The Attorney General may commence a
civil action on behalf of the United States against any State,
or against any government official, individual, or entity that
enacts, implements, or enforces a limitation or requirement
that violates subsection (a). The court shall hold unlawful and
set aside the limitation or requirement if it is in violation
of subsection (a).
(2) Private right of action.--Any individual or entity
adversely affected by an alleged violation of subsection (a)
may commence a civil action against any State that violates
this section or against any government official that enacts,
implements, 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 adversely affected by an alleged violation of
subsection (a).
(4) Equitable relief.--In any action under this section,
the court may award appropriate equitable relief, including
temporary, preliminary, or permanent 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 plaintiff. 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 proceedings 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.--Neither a State that
enforces or maintains, nor a government 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 of the United
States, or any other source of law, from an action in a Federal
or State court of competent jurisdiction challenging that
limitation or requirement.
(8) Right to remove.--Any party shall have a right to
remove an action brought under this subsection 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 affect the authority of any
executive branch agency to promulgate regulations or otherwise
implement laws.
(2) Other individuals considered as government officials.--
Any person who, by operation of a provision of Federal or State
law, is permitted to implement or enforce a limitation or
requirement that violates this section shall be considered a
government official for purposes of this Act.
SEC. 4. PROHIBITION ON THE USE OF FEDERAL FUNDS.
Notwithstanding any other provision of law, no Federal 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
licensing proceeding on the basis of such residents or other
individuals or entities providing or assisting with reproductive 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 entity'' means an
individual, partnership, firm, corporation, or nonprofit
organization that has a specific expertise 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 services.
(b) Funding.--There is appropriated to the Attorney General, out of
amounts in the Treasury not otherwise appropriated, $40,000,000, to
remain available until expended, 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 manner, and containing such
information as the Attorney General may require.
(2) Joint applications.--Multiple eligible entities may
submit a joint application that designates a single eligible
entity as the lead entity for the purposes 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 representation 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 to providing or
assisting with reproductive health care services under Federal,
State, and local law;
(3) to monitor compliance by a State with Federal, State,
and local laws related to providing or assisting 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 SECURITY GRANTS.
(a) In General.--There is appropriated to the Secretary of Health
and Human Services (referred to in this section as the ``Secretary''),
out of amounts in the Treasury not otherwise appropriated, $40,000,000,
for purposes of awarding grants to eligible providers (as defined in
section 5(a)(2)(A)) for enhanced security for staff and patients 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 Secretary may require.
(c) Use of Funds.--A recipient of a grant under this section may
use such grant funds for any of the following 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 security.
(5) Providing protective services to staff and patients.
(6) Any other activity, as the Secretary determines
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 liability
coverage because that provider offers, supports, provides, or
prescribes lawful reproductive health care services; or
(2) sue a health care provider because that provider
provides lawful reproductive health care services.
SEC. 8. 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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