SHIELD Act

I 118TH CONGRESS 1ST SESSION H. R. 62 To protect health care providers and people seeking reproductive health care services, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JANUARY 9, 2023 Ms. JACKSON LEE 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 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 ‘‘Safeguard Healthcare 4 Industry Employees from Litigation and Distress Act’’ or 5 the ‘‘SHIELD Act’’. 6 SEC. 2. DEFINITIONS. 7 In this Act: 8 VerDate Sep 11 2014 03:31 Jan 13, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H62.IH H62 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 62 IH (1) The term ‘‘reproductive health care service’’ 1 includes, with respect to a current, potential, or an- 2 ticipated pregnancy— 3 (A) a diagnosis; 4 (B) an evaluation; 5 (C) an assessment; 6 (D) a consultation or the provision of ad- 7 vice, including with respect to decision making; 8 (E) a treatment; and 9 (F) an abortion-related health care service. 10 (2) The term ‘‘health care provider’’ means any 11 entity or individual (including any physician, cer- 12 tified nurse-midwife, nurse practitioner, nurse, phy- 13 sician’s assistant, pharmacist, or other medical pro- 14 fessional) that is— 15 (A) engaged or seeks to engage in decision 16 making related to, or the delivery of, health 17 care services, including reproductive health care 18 services; and 19 (B) licensed or certified to perform such 20 service under applicable State law. 21 (3) The term ‘‘State’’ includes the several 22 States, the District of Columbia, the Commonwealth 23 of Puerto Rico, the United States Virgin Islands, 24 American Samoa, Guam, the Northern Mariana Is- 25 VerDate Sep 11 2014 20:28 Jan 13, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H62.IH H62 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 62 IH lands, each Indian tribe, and each territory or pos- 1 session of the United States. 2 SEC. 3. RESTRICTION ON CERTAIN DEPARTMENT OF JUS- 3 TICE LAW ENFORCEMENT FUNDING. 4 (a) IN GENERAL.—The funds that a State would oth- 5 erwise receive under a covered grant program shall be re- 6 duced by 50 percent if the State has in effect a law that 7 authorizes officers or employees of the State or of a unit 8 of local government to prevent (including through criminal 9 enforcement), restrict, impede, or retaliate against— 10 (1) a health care provider who seeks to initiate, 11 provide, or otherwise facilitate the provision of re- 12 productive health care services to a patient or pro- 13 spective patient; 14 (2) any person or entity that seeks to assist a 15 health care provider who seeks to initiate, provide, 16 or otherwise facilitate the provision of reproductive 17 health care services to a patient or prospective pa- 18 tient; 19 (3) any person who seeks to gain access to— 20 (A) reproductive health care services; or 21 (B) a health care provider for the purpose 22 of accessing reproductive health care services; 23 or 24 VerDate Sep 11 2014 03:31 Jan 13, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H62.IH H62 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 62 IH (4) any person or entity that seeks to assist an- 1 other person who seeks to gain access to— 2 (A) reproductive health care services; or 3 (B) a health care provider for the purpose 4 of accessing reproductive health care services. 5 (b) COVERED GRANT PROGRAM.—In this section, the 6 term ‘‘covered grant program’’ means grants under— 7 (1) part Q of title I of the Omnibus Crime Con- 8 trol and Safe Streets Act of 1968 (34 U.S.C. 13081 9 et seq.); and 10 (2) subpart 1 of part E of title I of the Omni- 11 bus Crime Control and Safe Streets Act of 1968 (34 12 U.S.C. 10151 et seq.). 13 SEC. 4. INTERFERENCE BY OFFICERS OR EMPLOYEES OF A 14 STATE OR UNIT OF LOCAL GOVERNMENT 15 PROHIBITED. 16 (a) IN GENERAL.—No officer or employee of a State 17 or unit of local government may act under color of law 18 in any manner that would have a discriminatory effect on 19 a woman by preventing (including through criminal en- 20 forcement), restricting, impeding, or retaliating against— 21 (1) a health care provider who seeks to initiate, 22 provide, or otherwise facilitate the provision of re- 23 productive health care services to a patient or pro- 24 spective patient; 25 VerDate Sep 11 2014 03:31 Jan 13, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H62.IH H62 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 62 IH (2) any person or entity that seeks to assist a 1 health care provider who seeks to initiate, provide, 2 or otherwise facilitate the provision of reproductive 3 health care services to a patient or prospective pa- 4 tient; 5 (3) any person who seeks to gain access to— 6 (A) reproductive health care services; or 7 (B) a health care provider for the purpose 8 of accessing reproductive health care services; 9 or 10 (4) any person or entity that seeks to assist an- 11 other person who seeks to gain access to— 12 (A) reproductive health care services; or 13 (B) a health care provider for the purpose 14 of accessing reproductive health care services. 15 (b) ENFORCEMENT BY ATTORNEY GENERAL.—The 16 Attorney General may bring a civil action for declaratory 17 and injunctive relief in the appropriate United States dis- 18 trict court against any person who violates subsection (a). 19 (c) PRIVATE RIGHT OF ACTION.—Any person who is 20 harmed by a violation of subsection (a) may bring a civil 21 action in the appropriate United States district court 22 against the person who violated such subsection for— 23 (1) declaratory and injunctive relief; 24 VerDate Sep 11 2014 03:31 Jan 13, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H62.IH H62 kjohnson on DSK79L0C42PROD with BILLS 6 •HR 62 IH (2) such compensatory damages as the court 1 determines appropriate, including for economic 2 losses and for emotional pain and suffering; 3 (3) such punitive damages as the court deter- 4 mines appropriate; and 5 (4) reasonable attorney’s fees and costs of the 6 action that the court determines appropriate to 7 award to a prevailing plaintiff. 8 (d) CRIMINAL PENALTY.—Whoever, in violating sub- 9 section (a), uses a deadly or dangerous weapon or inflicts 10 bodily injury, shall be fined under title 18, United States 11 Code, or imprisoned not more than 20 years, or both. 12 (e) NO STATE IMMUNITY.—A State shall not be im- 13 mune under the eleventh amendment to the Constitution 14 of the United States from an action in a Federal or State 15 court of competent jurisdiction for a violation of this sec- 16 tion. 17 SEC. 5. INTERFERENCE BY PERSONS NOT OFFICERS OR 18 EMPLOYEES OF A STATE OR UNIT OF LOCAL 19 GOVERNMENT PROHIBITED. 20 (a) IN GENERAL.—No person who is not an officer 21 or employee of a State or of a unit of local government, 22 who, in a circumstance described in subsection (b), by op- 23 eration of a provision of State law attempts to implement 24 VerDate Sep 11 2014 03:31 Jan 13, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H62.IH H62 kjohnson on DSK79L0C42PROD with BILLS 7 •HR 62 IH or enforce State law, may act or threaten to act in any 1 manner to prevent, restrict, impede, or retaliate against— 2 (1) a health care provider who seeks to initiate, 3 provide, or otherwise facilitate the provision of re- 4 productive health care services to a patient or pro- 5 spective patient; 6 (2) any person or entity that assists a health 7 care provider who seeks to initiate, provide, or other- 8 wise facilitate the provision of reproductive health 9 care services to a patient or prospective patient; 10 (3) any person who seeks to gain access to— 11 (A) reproductive health care services; or 12 (B) a health care provider for the purpose 13 of accessing reproductive health care services; 14 or 15 (4) any person or entity that seeks to assist an- 16 other person who seeks to gain access to— 17 (A) reproductive health care services; or 18 (B) a health care provider for the purpose 19 of accessing reproductive health care services. 20 (b) CIRCUMSTANCES DESCRIBED.—For the purposes 21 of subsection (a), the circumstances described in this sub- 22 section are that— 23 (1) any travel in interstate or foreign com- 24 merce, or travel enabled by a means, channel, facil- 25 VerDate Sep 11 2014 03:31 Jan 13, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H62.IH H62 kjohnson on DSK79L0C42PROD with BILLS 8 •HR 62 IH ity, or instrumentality of interstate or foreign com- 1 merce, occurred in furtherance of or in connection 2 with the conduct described in subsection (a); 3 (2) a means, channel, facility, or instrumen- 4 tality of interstate or foreign commerce was used in 5 furtherance of or in connection with the conduct de- 6 scribed in subsection (a); 7 (3) any payment of any kind was made, directly 8 or indirectly, in furtherance of or in connection with 9 the conduct described in subsection (a) using any 10 means, channel, facility, or instrumentality of inter- 11 state or foreign commerce or in or affecting inter- 12 state or foreign commerce; 13 (4) any communication was transmitted in 14 interstate or foreign commerce, relating to or in fur- 15 therance of the conduct described in subsection (a) 16 using any means, channel, facility, or instrumen- 17 tality of interstate or foreign commerce or in or af- 18 fecting interstate or foreign commerce by any means 19 or in manner, including by computer, mail, wire, or 20 electromagnetic transmission; 21 (5) any instrument, item, substance, or other 22 object that has traveled in interstate or foreign com- 23 merce was used to perform the conduct described in 24 subsection (a); 25 VerDate Sep 11 2014 03:31 Jan 13, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H62.IH H62 kjohnson on DSK79L0C42PROD with BILLS 9 •HR 62 IH (6) the conduct described in subsection (a) oc- 1 curred within the special maritime and territorial ju- 2 risdiction of the United States, or any territory or 3 possession of the United States; or 4 (7) the conduct described in subsection (a) oth- 5 erwise occurred in or affected interstate or foreign 6 commerce. 7 (c) ENFORCEMENT BY ATTORNEY GENERAL.—The 8 Attorney General may bring a civil action for declaratory 9 and injunctive relief in the appropriate United States dis- 10 trict court against any person who violates subsection (a). 11 (d) PRIVATE RIGHT OF ACTION.—Any person who is 12 harmed by a violation of subsection (a) may bring a civil 13 action in the appropriate United States district court 14 against the person who violated such subsection for— 15 (1) declaratory and injunctive relief; 16 (2) such compensatory damages as the court 17 determines appropriate, including for economic 18 losses and for emotional pain and suffering; 19 (3) such punitive damages as the court deter- 20 mines appropriate; and 21 (4) reasonable attorney’s fees and costs of the 22 action that the court determines appropriate to 23 award to a prevailing plaintiff. 24 VerDate Sep 11 2014 03:31 Jan 13, 2023 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H62.IH H62 kjohnson on DSK79L0C42PROD with BILLS 10 •HR 62 IH (e) CRIMINAL PENALTY.—Whoever, in violating sub- 1 section (a), uses a deadly or dangerous weapon or inflicts 2 bodily injury, shall be fined under title 18, United States 3 Code, or imprisoned not more than 20 years, or both. 4 SEC. 6. SEVERABILITY. 5 If any provision of this Act, or the application of such 6 provision to any person, entity, government, or cir- 7 cumstance, is held to be unconstitutional, the remainder 8 of this Act, or the application of such provision to all other 9 persons, entities, governments, or circumstances, shall not 10 be affected thereby. 11 Æ VerDate Sep 11 2014 03:31 Jan 13, 2023 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6301 E:\BILLS\H62.IH H62 kjohnson on DSK79L0C42PROD with BILLS