Ensuring Women's Right to Reproductive Freedom Act
This bill prohibits anyone acting under state law from interfering with a person's ability to access out-of-state abortion services. (Abortion services includes the use of any drugs that are approved to terminate pregnancies and any health care services related to an abortion, whether or not provided at the same time or on the same day.)
Specifically, the bill prohibits any person acting under state law from preventing, restricting, impeding, or retaliating against
The Department of Justice may enforce this bill through civil actions; the bill also establishes a private right of action for violations.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8297 Introduced in House (IH)]
<DOC>
117th CONGRESS
2d Session
H. R. 8297
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
July 7, 2022
Mrs. Fletcher (for herself, Ms. Strickland, and Mr. Raskin) introduced
the following bill; which was referred to the Committee on Energy and
Commerce
_______________________________________________________________________
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 Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ensuring Access to Abortion Act of
2022''.
SEC. 2. INTERFERENCE WITH INTERSTATE ABORTION SERVICES PROHIBITED.
(a) Interference Prohibited.--No person acting under color of State
law, including any person who, by operation of a provision of State
law, is permitted to implement or enforce State law, may prevent,
restrict, or impede, or retaliate against, in any manner--
(1) a health care provider's ability to provide, initiate,
or otherwise enable an abortion service that is lawful in the
State in which the service is to be provided to a patient who
does not reside in that State;
(2) any person or entity's ability to assist a health care
provider to provide, initiate, or otherwise enable an abortion
service that is lawful in the State in which the service is to
be provided to a patient who does not reside in that State, if
such assistance does not violate the law of that State;
(3) any person's ability to travel across a State line for
the purpose of obtaining an abortion service that is lawful in
the State in which the service is to be provided;
(4) any person's or entity's ability to assist another
person traveling across a State line for the purpose of
obtaining an abortion service that is lawful in the State in
which the service is to be provided; or
(5) the movement in interstate commerce, in accordance with
Federal law or regulation, of any drug approved or licensed by
the Food and Drug Administration for the termination of a
pregnancy.
(b) Enforcement by Attorney General.--The Attorney General may
bring a civil action in the appropriate United States district court
against any person who violates subsection (a) for declaratory and
injunctive relief.
(c) Private Right of Action.--Any person who is harmed by a
violation of subsection (a) may bring a civil action in the appropriate
United States district court against the person who violated such
subsection for declaratory and injunctive relief, and for such
compensatory damages as the court determines appropriate, including for
economic losses and for emotional pain and suffering. The court may, in
addition, award reasonable attorney's fees and costs of the action to a
prevailing plaintiff.
(d) Definitions.--In this section:
(1) The term ``abortion service'' means--
(A) an abortion, including the use of any drug
approved or licensed by the Food and Drug
Administration for the termination of a pregnancy; and
(B) any health care service related to or provided
in conjunction with an abortion (whether or not
provided at the same time or on the same day as the
abortion).
(2) The term ``health care provider'' means any entity or
individual (including any physician, certified nurse-midwife,
nurse practitioner, physician's assistant, or pharmacist) that
is--
(A) engaged or seeks to engage in the delivery of
health care services, including abortion services; and
(B) licensed or certified to perform such service
under applicable State law.
(3) The term ``drug'' has the meaning given such term in
section 201 of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 321).
(4) The term ``State'' includes the several States, the
District of Columbia, the Commonwealth of Puerto Rico, the
United States Virgin Islands, American Samoa, Guam, the
Northern Mariana Islands, each Indian tribe, and each territory
or possession of the United States.
(e) 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.
(f) Rule of Construction.--Nothing in this Act shall be construed
to limit the fundamental right to travel within the United States,
including the District of Columbia, Tribal lands, and the territories
of the United States, nor to limit any existing enforcement authority
of the Attorney General or any existing remedies available to address a
violation of such right.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Energy and Commerce.
Rules Committee Resolution H. Res. 1224 Reported to House. Rule provides for consideration of H.R. 7900, S. 3373, H.R. 8296, H.R. 8297 and H.R. 6538 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit. Measure will be considered read. Specified amendments are in order.
Considered under the provisions of rule H. Res. 1224. (consideration: CR H6647-6660)
Rule provides for consideration of H.R. 7900, S. 3373, H.R. 8296, H.R. 8297 and H.R. 6538 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit. Measure will be considered read. Specified amendments are in order.
DEBATE - The House proceeded with one hour of debate on H.R. 8297.
The previous question was ordered pursuant to the rule.
Mr. Johnson (LA) moved to recommit to the Committee on Energy and Commerce. (text: CR H6659-6660)
The previous question on the motion to recommit was ordered pursuant to clause 2(b) of rule XIX.
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POSTPONED PROCEEDINGS - At the conclusion of debate on H.R. 8297, the Chair put the question on the Johnson(LA) motion to recommit and by voice vote, announced that the noes had prevailed. Mr. Johnson (LA) demanded the yeas and nays and the Chair postponed further proceedings until a time to be announced.
Considered as unfinished business. (consideration: CR H6661-6663)
On motion to recommit Failed by the Yeas and Nays: 209 - 219 (Roll no. 361).
Roll Call #361 (House)Passed/agreed to in House: On passage Passed by the Yeas and Nays: 223 - 205 (Roll no. 362).
Roll Call #362 (House)On passage Passed by the Yeas and Nays: 223 - 205 (Roll no. 362). (text: CR H6647)
Roll Call #362 (House)Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate.