[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1297 Introduced in Senate (IS)]

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118th CONGRESS
  1st Session
                                S. 1297

 To ensure the right to provide reproductive health care services, and 
                          for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 26, 2023

   Mrs. Murray (for herself, Mr. Padilla, Ms. Rosen, Mr. Lujan, Mr. 
   Merkley, Ms. Duckworth, Mr. Blumenthal, Mr. Reed, Mr. Bennet, Ms. 
Hirono, Mr. Wyden, Mr. Cardin, Ms. Smith, Ms. Klobuchar, Ms. Stabenow, 
Ms. Cortez Masto, Mr. Whitehouse, Mr. Murphy, Ms. Baldwin, Mr. Durbin, 
 Mr. Heinrich, Mr. Menendez, Mr. Sanders, Ms. Warren, Mr. Van Hollen, 
 Ms. Cantwell, and Mr. Welch) introduced the following bill; which was 
       read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 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, 
                procedural, 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 nonfrivolous 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 solely because that provider offers, supports, 
        provides, or prescribes lawful reproductive health care 
        services; or
            (2) sue a health care provider solely 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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