H.R.8297 - Ensuring Access to Abortion Act of 2022 was cosponsored by Marilyn Strickland, Jamie Raskin, Ann Kirkpatrick, Ruben Gallego, Alan Lowenthal, Ami Bera, Anna Eshoo, Barbara Lee, Brad Sherman, Eric Swalwell, Grace Napolitano, Jackie Speier, Jimmy Panetta, John Garamendi, Judy Chu, Karen Bass, Katie Porter, Linda Sánchez, Mark Takano, Mike Levin, Nanette Barragan, Salud Carbajal, Sara Jacobs, Scott Peters, Tony Cárdenas, Diana Degette, Ed Perlmutter, Jason Crow, Jahana Hayes, James Himes, John Larson, Rosa Delauro, Lisa Blunt Rochester, Eleanor Norton, Debbie Wasserman Schultz, Frederica Wilson, Kathy Castor, Lois Frankel, Theodore Deutch, Carolyn Bourdeaux, Nikema Williams, Ed Case, Bill Foster, Janice Schakowsky, Jesus Garcia, Lauren Underwood, Marie Newman, Mike Quigley, Sean Casten, Andre Carson, Cynthia Axne, Chellie Pingree, Anthony Brown, John Sarbanes, Ayanna Pressley, James McGovern, Seth Moulton, Andy Levin, Brenda Lawrence, Daniel Kildee, Debbie Dingell, Haley Stevens, Rashida Tlaib, Angie Craig, Betty McCollum, Dina Titus, Susie Lee, Ann Kuster, Chris Pappas, William Pascrell, Bonnie Watson Coleman, Donald Payne, Mikie Sherrill, Tom Malinowski, Melanie Stansbury, Adriano Espaillat, Carolyn Maloney, Grace Meng, Jamaal Bowman, Joseph Morelle, Kathleen Rice, Nydia Velazquez, Ritchie Torres, Alma Adams, David Price, Deborah Ross, Kathy Manning, Tim Ryan, Earl Blumenauer, Peter Defazio, Mary Scanlon, James Langevin, Colin Allred, Joaquin Castro, Lloyd Doggett, Marc Veasey, Sheila Jackson Lee, Sylvia Garcia, Veronica Escobar, Gerald Connolly, Adam Smith, Pramila Jayapal, Rick Larsen, Susan Wild, Jerrold Nadler, Brian Higgins, Peter Welch, John Yarmuth, Raúl Grijalva, Abigail Spanberger, Zoe Lofgren, Mark Pocan, Dwight Evans, David Trone, Darren Soto, Dean Phillips, Mondaire Jones, Teresa Leger Fernandez, Jennifer Wexton, Adam Schiff, Mike Doyle, Terri Sewell, Jake Auchincloss, Bradley Schneider, Lori Trahan, Val Demings, Charlie Crist, Lucille Roybal-Allard, David Cicilline, Madeleine Dean, Cheri Bustos, Troy Carter, Mark Desaulnier, Emanuel Cleaver, Henry Johnson, Sean Maloney, Derek Kilmer, Tom O'Halleran, Raja Krishnamoorthi, Ilhan Omar, Doris Matsui, McEachin A., Ted Lieu, Donald Norcross, Suzan Delbene, Sheila Cherfilus-McCormick, Josh Gottheimer, Kweisi Mfume, Conor Lamb, Suzanne Bonamici, Mike Thompson, Kim Schrier, Lucy McBath, James Cooper, Robin Kelly, Andy Kim, Katherine Clark, Paul Tonko, Yvette Clarke, Jared Huffman, Steven Horsford, Joe Neguse, Al Green, Cori Bush, Stephen Lynch, Eddie Johnson, Ron Kind and Robert Scott.
It was referred to the Energy and Commerce committee.
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.
117th CONGRESS 2d Session |
To prohibit the interference, under color of State law, with the provision of interstate abortion services, and for other purposes.
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
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,
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.
You can read the bill here.
