II 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. LUJA´N, Mr. MERKLEY, Ms. DUCKWORTH, Mr. BLUMENTHAL, Mr. REED, Mr. BEN- NET, Ms. HIRONO, Mr. WYDEN, Mr. CARDIN, Ms. SMITH, Ms. KLO- BUCHAR, 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 re- ferred 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 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 ‘‘Let Doctors Provide 4 Reproductive Health Care Act’’. 5 SEC. 2. DEFINITIONS. 6 In this Act: 7 VerDate Sep 11 2014 04:49 Apr 29, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1297.IS S1297 kjohnson on DSK79L0C42PROD with BILLS 2 •S 1297 IS (1) HEALTH CARE PROVIDER.—The term 1 ‘‘health care provider’’ means any entity, employee 2 of such entity, or individual (including any physi- 3 cian, certified nurse-midwife, nurse practitioner, 4 physician assistant, and pharmacist) that— 5 (A) is engaged or seeks to engage in the 6 delivery of reproductive health care services; 7 and 8 (B) if required by State law to be licensed, 9 certified, or otherwise authorized to engage in 10 the delivery of such services— 11 (i) is so licensed, certified, or other- 12 wise authorized; or 13 (ii) would be so licensed, certified, or 14 otherwise authorized, but for their past, 15 present, or potential provision of abortion 16 services. 17 (2) REPRODUCTIVE HEALTH CARE SERVICES.— 18 The term ‘‘reproductive health care services’’ means 19 abortion services, contraception services, in vitro fer- 20 tilization, or other reproductive care, education, and 21 counseling that— 22 (A) is provided in a hospital, clinic, physi- 23 cian’s office, pharmacy, or other service site, or 24 provided via telehealth, intended to provide 25 VerDate Sep 11 2014 04:49 Apr 29, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1297.IS S1297 kjohnson on DSK79L0C42PROD with BILLS 3 •S 1297 IS medical, procedural, counseling, or referral serv- 1 ices; 2 (B) is provided in a medically accurate 3 manner; and 4 (C) in any way affects commerce over 5 which the United States has jurisdiction. 6 (3) STATE.—The term ‘‘State’’ means each of 7 the 50 States, the District of Columbia, Puerto Rico, 8 each territory and possession of the United States, 9 and any subdivision of a State, including any unit 10 of local government, such as a county, city, town, 11 village, or other general purpose political subdivision 12 of a State. 13 SEC. 3. RIGHT TO PROVIDE REPRODUCTIVE HEALTH CARE 14 SERVICES. 15 (a) PROHIBITION.—No individual, entity, or State 16 may prevent, restrict, impede, or disadvantage— 17 (1) a health care provider from providing or as- 18 sisting with reproductive health care services lawful 19 in the State in which the services are to be provided; 20 (2) any individual or entity from assisting a 21 health care provider in providing or assisting with 22 reproductive health care services lawful in the State 23 in which services are to be provided; or 24 VerDate Sep 11 2014 04:49 Apr 29, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1297.IS S1297 kjohnson on DSK79L0C42PROD with BILLS 4 •S 1297 IS (3) a health care provider or any individual or 1 entity from providing or assisting a health care pro- 2 vider with reproductive health care services for an 3 individual who does not reside in the State in which 4 the services are to be provided. 5 (b) ENFORCEMENT.— 6 (1) ATTORNEY GENERAL.—The Attorney Gen- 7 eral may commence a civil action on behalf of the 8 United States against any State, or against any gov- 9 ernment official, individual, or entity that enacts, 10 implements, or enforces a limitation or requirement 11 that violates subsection (a). The court shall hold un- 12 lawful and set aside the limitation or requirement if 13 it is in violation of subsection (a). 14 (2) PRIVATE RIGHT OF ACTION.—Any indi- 15 vidual or entity adversely affected by an alleged vio- 16 lation of subsection (a) may commence a civil action 17 against any State that violates this section or 18 against any government official that enacts, imple- 19 ments, or enforces a limitation or requirement that 20 violates subsection (a). The court shall hold unlawful 21 and enjoin the limitation or requirement if it is in 22 violation of subsection (a). 23 (3) HEALTH CARE PROVIDER.—A health care 24 provider may commence an action for relief on its 25 VerDate Sep 11 2014 04:49 Apr 29, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1297.IS S1297 kjohnson on DSK79L0C42PROD with BILLS 5 •S 1297 IS own behalf, on behalf of the provider’s staff, and on 1 behalf of the provider’s patients who are or may be 2 adversely affected by an alleged violation of sub- 3 section (a). 4 (4) EQUITABLE RELIEF.—In any action under 5 this section, the court may award appropriate equi- 6 table relief, including temporary, preliminary, or per- 7 manent injunctive relief. 8 (5) COSTS.—In any action under this section, 9 the court shall award costs of litigation, as well as 10 reasonable attorney’s fees, to any prevailing plain- 11 tiff. A plaintiff shall not be liable to a defendant for 12 costs or attorney’s fees in any nonfrivolous action 13 under this section. 14 (6) JURISDICTION.—The district courts of the 15 United States shall have jurisdiction over pro- 16 ceedings under this section and shall exercise the 17 same without regard to whether the party aggrieved 18 shall have exhausted any administrative or other 19 remedies that may be provided for by law. 20 (7) ABROGATION OF STATE IMMUNITY.—Nei- 21 ther a State that enforces or maintains, nor a gov- 22 ernment official who is permitted to implement or 23 enforce, any limitation or requirement that violates 24 subsection (a) shall be immune under the Tenth 25 VerDate Sep 11 2014 04:49 Apr 29, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1297.IS S1297 kjohnson on DSK79L0C42PROD with BILLS 6 •S 1297 IS Amendment to the Constitution of the United 1 States, the Eleventh Amendment to the Constitution 2 of the United States, or any other source of law, 3 from an action in a Federal or State court of com- 4 petent jurisdiction challenging that limitation or re- 5 quirement. 6 (8) RIGHT TO REMOVE.—Any party shall have 7 a right to remove an action brought under this sub- 8 section to the district court of the United States for 9 the district and division embracing the place where 10 such action is pending. An order remanding the case 11 to the State court from which it was removed under 12 this paragraph may be immediately reviewable by 13 appeal or otherwise. 14 (c) RULES OF CONSTRUCTION.— 15 (1) IN GENERAL.—Nothing in this section shall 16 be construed to modify, supersede, or otherwise af- 17 fect the authority of any executive branch agency to 18 promulgate regulations or otherwise implement laws. 19 (2) OTHER INDIVIDUALS CONSIDERED AS GOV- 20 ERNMENT OFFICIALS.—Any person who, by oper- 21 ation of a provision of Federal or State law, is per- 22 mitted to implement or enforce a limitation or re- 23 quirement that violates this section shall be consid- 24 ered a government official for purposes of this Act. 25 VerDate Sep 11 2014 04:49 Apr 29, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1297.IS S1297 kjohnson on DSK79L0C42PROD with BILLS 7 •S 1297 IS SEC. 4. PROHIBITION ON THE USE OF FEDERAL FUNDS. 1 Notwithstanding any other provision of law, no Fed- 2 eral funds may be used by a State, including through a 3 grant, contract, or cooperative agreement, to pursue legal 4 cases against residents or other individuals or entities, or 5 to take any other enforcement, disciplinary, or adverse li- 6 censing proceeding on the basis of such residents or other 7 individuals or entities providing or assisting with repro- 8 ductive health care services that are lawful in the State 9 in which the services are provided. 10 SEC. 5. REPRODUCTIVE HEALTH CARE LEGAL SERVICES 11 DEFENSE FUND GRANTS. 12 (a) DEFINITIONS.—In this section: 13 (1) ELIGIBLE ENTITY.—The term ‘‘eligible enti- 14 ty’’ means an individual, partnership, firm, corpora- 15 tion, or nonprofit organization that has a specific ex- 16 pertise in providing legal assistance and is licensed 17 to practice law. 18 (2) ELIGIBLE PROVIDER.—The term ‘‘eligible 19 provider’’ means a health care provider that— 20 (A) provides or refers for abortion care 21 services; and 22 (B) faces legal issues relating to providing 23 or assisting with reproductive health care serv- 24 ices. 25 VerDate Sep 11 2014 04:49 Apr 29, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1297.IS S1297 kjohnson on DSK79L0C42PROD with BILLS 8 •S 1297 IS (b) FUNDING.—There is appropriated to the Attor- 1 ney General, out of amounts in the Treasury not otherwise 2 appropriated, $40,000,000, to remain available until ex- 3 pended, for purposes of awarding grants to eligible entities 4 or consortia of eligible entities to provide legal assistance 5 to eligible providers. 6 (c) APPLICATION.— 7 (1) IN GENERAL.—An eligible entity desiring a 8 grant under this section shall submit an application 9 to the Attorney General at such time, in such man- 10 ner, and containing such information as the Attor- 11 ney General may require. 12 (2) JOINT APPLICATIONS.—Multiple eligible en- 13 tities may submit a joint application that designates 14 a single eligible entity as the lead entity for the pur- 15 poses of receiving and disbursing funds received 16 through a grant under this section. 17 (d) USE OF FUNDS.—An eligible entity may use 18 amounts received under a grant under this section— 19 (1) to provide advice, legal services, or rep- 20 resentation to eligible providers, related to providing 21 or assisting with reproductive health care services 22 under Federal, State, and local law; 23 (2) to educate eligible providers about the 24 rights and obligations of the eligible provider related 25 VerDate Sep 11 2014 04:49 Apr 29, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1297.IS S1297 kjohnson on DSK79L0C42PROD with BILLS 9 •S 1297 IS to providing or assisting with reproductive health 1 care services under Federal, State, and local law; 2 (3) to monitor compliance by a State with Fed- 3 eral, State, and local laws related to providing or as- 4 sisting with reproductive health care services; and 5 (4) for any other activity the Attorney General 6 may reasonably prescribe that is related to providing 7 or assisting with reproductive health care services 8 under Federal, State, and local law. 9 SEC. 6. REPRODUCTIVE HEALTH CARE SERVICES SECU- 10 RITY GRANTS. 11 (a) IN GENERAL.—There is appropriated to the Sec- 12 retary of Health and Human Services (referred to in this 13 section as the ‘‘Secretary’’), out of amounts in the Treas- 14 ury not otherwise appropriated, $40,000,000, for purposes 15 of awarding grants to eligible providers (as defined in sec- 16 tion 5(a)(2)(A)) for enhanced security for staff and pa- 17 tients of such providers. 18 (b) APPLICATION.—An eligible provider (as defined 19 in section 5(a)) desiring a grant under this section shall 20 submit an application to the Secretary at such time, in 21 such manner, and containing such information as the Sec- 22 retary may require. 23 VerDate Sep 11 2014 04:49 Apr 29, 2023 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S1297.IS S1297 kjohnson on DSK79L0C42PROD with BILLS 10 •S 1297 IS (c) USE OF FUNDS.—A recipient of a grant under 1 this section may use such grant funds for any of the fol- 2 lowing purposes: 3 (1) Providing physical upgrades to health care 4 facilities to improve security. 5 (2) Providing training in security to health care 6 staff. 7 (3) Improving capabilities to defend against 8 cyberattacks. 9 (4) Ensuring patient and provider data secu- 10 rity. 11 (5) Providing protective services to staff and 12 patients. 13 (6) Any other activity, as the Secretary deter- 14 mines appropriate. 15 SEC. 7. FAIR LIABILITY INSURANCE. 16 An issuer of professional liability coverage for health 17 care providers shall not— 18 (1) deny a health care provider professional li- 19 ability coverage solely because that provider offers, 20 supports, provides, or prescribes lawful reproductive 21 health care services; or 22 (2) sue a health care provider solely because 23 that provider provides lawful reproductive health 24 care services. 25 VerDate Sep 11 2014 04:49 Apr 29, 2023 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S1297.IS S1297 kjohnson on DSK79L0C42PROD with BILLS 11 •S 1297 IS SEC. 8. SEVERABILITY. 1 If any provision of this Act, or the application of such 2 provision to any person, entity, government, or cir- 3 cumstance, is held to be unconstitutional, the remainder 4 of this Act, or the application of such provision to all other 5 persons, entities, governments, or circumstances, shall not 6 be affected thereby. 7 Æ VerDate Sep 11 2014 04:49 Apr 29, 2023 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6301 E:\BILLS\S1297.IS S1297 kjohnson on DSK79L0C42PROD with BILLS