What This Bill Does
This bill prevents state governments from interfering with abortion services that are legal in other states. It protects the ability of doctors and health care providers to offer abortion services to people who travel from other states. The bill also prevents states from stopping the movement of pregnancy-termination drugs across state lines when those drugs are approved by the Food and Drug Administration.
Who It Affects
Health care providers including doctors, nurses, nurse-midwives, physician's assistants, and pharmacists. People seeking abortions in states where the procedure is legal. People and organizations that help others travel for legal abortion services. The U.S. Attorney General and federal courts.
Key Provisions
- States cannot prevent, restrict, or punish health care providers who give abortion services that are legal in the state where the service happens, even if the patient comes from another state (Sec. 2(a)(1)).
- States cannot punish people or organizations that help health care providers offer legal abortion services to patients from out of state, as long as this help does not break that state's laws (Sec. 2(a)(2)).
- States cannot stop people from traveling to another state to get a legal abortion or punish those who help them travel (Sec. 2(a)(3) and 2(a)(4)).
- States cannot block the shipment of FDA-approved pregnancy-termination drugs across state lines when done according to federal law (Sec. 2(a)(5)).
- The U.S. Attorney General can sue in federal court anyone who breaks these rules, and individuals harmed can also sue for money damages and attorney fees (Sec. 2(b) and 2(c)).
What Changes
If this bill becomes law, state governments lose the power to punish doctors, nurses, pharmacists, or other people for providing or assisting with abortion services that are legal where the service takes place. States also cannot stop people from crossing state lines to get a legal abortion or prevent organizations from helping them do so. States cannot block FDA-approved pregnancy-termination drugs from entering their state.
Important Definitions
- "Abortion service" means an abortion procedure (including using FDA-approved drugs to end pregnancy) and any related health care services connected to an abortion.
- "Health care provider" means any doctor, nurse-midwife, nurse practitioner, physician's assistant, or pharmacist licensed or certified by state law to deliver health care services including abortion services.
- "State" includes all 50 states, Washington D.C., Puerto Rico, U.S. territories, tribal lands, and American Samoa.
Effective Date
Not specified in bill text
I
118TH CONGRESS
1ST SESSION
H. R. 782
To prohibit the interference, under color of State law, with the provision
of interstate abortion services, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 2, 2023
Mrs. FLETCHER (for herself, Mr. RASKIN, Ms. STRICKLAND, Ms. ADAMS, Mr.
ALLRED, Mr. AUCHINCLOSS, Ms. BALINT, Ms. BARRAGA´N, Mrs. BEATTY,
Mr. BEYER, Mr. BERA, Mr. BLUMENAUER, Ms. BLUNT ROCHESTER, Ms.
BONAMICI, Mr. BOWMAN, Mr. BOYLE of Pennsylvania, Ms. BROWNLEY,
Ms. BUDZINSKI, Ms. BUSH, Mr. CARBAJAL, Mr. CA´RDENAS, Mr. CARTER
of Louisiana, Mr. CASAR, Mr. CASTEN, Ms. CASTOR of Florida, Mrs.
CHERFILUS-MCCORMICK, Ms. CHU, Mr. CICILLINE, Ms. CLARKE of New
York, Mr. CLEAVER, Mr. CONNOLLY, Mr. CORREA, Ms. CRAIG, Ms.
CROCKETT, Mr. CROW, Ms. DEAN of Pennsylvania, Ms. DEGETTE, Ms.
DELAURO, Ms. DELBENE, Mr. DELUZIO, Mr. DESAULNIER, Mrs. DIN-
GELL, Mr. DOGGETT, Ms. ESCOBAR, Ms. ESHOO, Mr. ESPAILLAT, Mr.
EVANS, Mr. FOSTER, Mrs. FOUSHEE, Ms. LOIS FRANKEL of Florida, Mr.
FROST, Mr. GARAMENDI, Ms. GARCIA of Texas, Mr. ROBERT GARCIA of
California, Mr. GOMEZ, Mr. GOTTHEIMER, Mr. GREEN of Texas, Mrs.
HAYES, Mr. HIGGINS of New York, Mr. HIMES, Mr. HORSFORD, Mr.
HUFFMAN, Mr. IVEY, Ms. JACKSON LEE, Ms. JACOBS, Ms. JAYAPAL, Mr.
JOHNSON of Georgia, Ms. KAMLAGER-DOVE, Ms. KELLY of Illinois, Mr.
KHANNA, Mr. KILDEE, Mr. KILMER, Mr. KIM of New Jersey, Ms.
KUSTER, Mr. LANDSMAN, Mr. LARSEN of Washington, Mr. LARSON of
Connecticut, Ms. LEE of California, Ms. LEGER FERNANDEZ, Mr. LEVIN,
Mr. LIEU, Ms. LOFGREN, Mr. LYNCH, Mr. MAGAZINER, Ms. MANNING,
Ms. MATSUI, Mrs. MCBATH, Ms. MCCOLLUM, Mr. MCGARVEY, Mr.
MCGOVERN, Mr. MEEKS, Ms. MENG, Ms. MOORE of Wisconsin, Mr.
MORELLE, Mr. MOSKOWITZ, Mr. MOULTON, Mr. MULLIN, Mr. NADLER,
Mrs. NAPOLITANO, Mr. NEGUSE, Ms. NORTON, Ms. OCASIO-CORTEZ, Ms.
OMAR, Mr. PALLONE, Mr. PANETTA, Mr. PAYNE, Mr. PETERS, Ms.
PETTERSEN, Mr. PHILLIPS, Ms. PINGREE, Mr. POCAN, Ms. PORTER, Ms.
PRESSLEY, Ms. ROSS, Mr. RUIZ, Mr. RUPPERSBERGER, Mr. RYAN, Ms.
SALINAS, Ms. SA´NCHEZ, Mr. SARBANES, Ms. SCANLON, Ms. SCHA-
KOWSKY, Mr. SCHIFF, Mr. SCHNEIDER, Ms. SCHOLTEN, Ms. SCHRIER,
Mr. SCOTT of Virginia, Ms. SEWELL, Mr. SHERMAN, Ms. SHERRILL, Mr.
SMITH of Washington, Mr. SORENSEN, Mr. SOTO, Ms. STANSBURY, Ms.
STEVENS, Mr. SWALWELL, Mr. TAKANO, Mr. THOMPSON of California,
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•HR 782 IH
Ms. TITUS, Ms. TLAIB, Mr. TONKO, Ms. TOKUDA, Mrs. TORRES of Cali-
fornia, Mr. TORRES of New York, Mrs. TRAHAN, Mr. TRONE, Ms.
UNDERWOOD, Mr. VEASEY, Ms. VELA´ZQUEZ, Ms. WASSERMAN SCHULTZ,
Mrs. WATSON COLEMAN, Ms. WEXTON, Ms. WILD, Ms. WILLIAMS of
Georgia, Ms. WILSON of Florida, and Ms. PEREZ) introduced the fol-
lowing bill; which was referred to the Committee on Energy and Com-
merce
A BILL
To prohibit the interference, under color of State law, with
the provision of interstate abortion services, and for other
purposes.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Ensuring Women’s
4
Right to Reproductive Freedom Act’’.
5
SEC. 2. INTERFERENCE WITH INTERSTATE ABORTION
6
SERVICES PROHIBITED.
7
(a) INTERFERENCE PROHIBITED.—No person acting
8
under color of State law, including any person who, by
9
operation of a provision of State law, is permitted to im-
10
plement or enforce State law, may prevent, restrict, or im-
11
pede, or retaliate against, in any manner—
12
(1) a health care provider’s ability to provide,
13
initiate, or otherwise enable an abortion service that
14
is lawful in the State in which the service is to be
15
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•HR 782 IH
provided to a patient who does not reside in that
1
State;
2
(2) any person or entity’s ability to assist a
3
health care provider to provide, initiate, or otherwise
4
enable an abortion service that is lawful in the State
5
in which the service is to be provided to a patient
6
who does not reside in that State, if such assistance
7
does not violate the law of that State;
8
(3) any person’s ability to travel across a State
9
line for the purpose of obtaining an abortion service
10
that is lawful in the State in which the service is to
11
be provided;
12
(4) any person’s or entity’s ability to assist an-
13
other person traveling across a State line for the
14
purpose of obtaining an abortion service that is law-
15
ful in the State in which the service is to be pro-
16
vided; or
17
(5) the movement in interstate commerce, in ac-
18
cordance with Federal law or regulation, of any drug
19
approved or licensed by the Food and Drug Admin-
20
istration for the termination of a pregnancy.
21
(b) ENFORCEMENT BY ATTORNEY GENERAL.—The
22
Attorney General may bring a civil action in the appro-
23
priate United States district court against any person who
24
violates subsection (a) for declaratory and injunctive relief.
25
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•HR 782 IH
(c) PRIVATE RIGHT OF ACTION.—Any person who is
1
harmed by a violation of subsection (a) may bring a civil
2
action in the appropriate United States district court
3
against the person who violated such subsection for declar-
4
atory and injunctive relief, and for such compensatory
5
damages as the court determines appropriate, including
6
for economic losses and for emotional pain and suffering.
7
The court may, in addition, award reasonable attorney’s
8
fees and costs of the action to a prevailing plaintiff.
9
(d) DEFINITIONS.—In this section:
10
(1) The term ‘‘abortion service’’ means—
11
(A) an abortion, including the use of any
12
drug approved or licensed by the Food and
13
Drug Administration for the termination of a
14
pregnancy; and
15
(B) any health care service related to or
16
provided in conjunction with an abortion
17
(whether or not provided at the same time or
18
on the same day as the abortion).
19
(2) The term ‘‘health care provider’’ means any
20
entity or individual (including any physician, cer-
21
tified nurse-midwife, nurse practitioner, physician’s
22
assistant, or pharmacist) that is—
23
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•HR 782 IH
(A) engaged or seeks to engage in the de-
1
livery of health care services, including abortion
2
services; and
3
(B) licensed or certified to perform such
4
service under applicable State law.
5
(3) The term ‘‘drug’’ has the meaning given
6
such term in section 201 of the Federal Food, Drug,
7
and Cosmetic Act (21 U.S.C. 321).
8
(4) The term ‘‘State’’ includes the several
9
States, the District of Columbia, the Commonwealth
10
of Puerto Rico, the United States Virgin Islands,
11
American Samoa, Guam, the Northern Mariana Is-
12
lands, each Indian tribe, and each territory or pos-
13
session of the United States.
14
(e) SEVERABILITY.—If any provision of this Act, or
15
the application of such provision to any person, entity,
16
government, or circumstance, is held to be unconstitu-
17
tional, the remainder of this Act, or the application of such
18
provision to all other persons, entities, governments, or
19
circumstances, shall not be affected thereby.
20
(f) RULE OF CONSTRUCTION.—Nothing in this Act
21
shall be construed to limit the fundamental right to travel
22
within the United States, including the District of Colum-
23
bia, Tribal lands, and the territories of the United States,
24
nor to limit any existing enforcement authority of the At-
25
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•HR 782 IH
torney General or any existing remedies available to ad-
1
dress a violation of such right.
2
Æ
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