119-hr4099

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4099 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 4099

 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

 June 24, 2025

 Mrs. Fletcher (for herself, Mr. Raskin, Ms. Strickland, Mr. Amo, Ms. 
 Ansari, Mr. Auchincloss, Ms. Barragan, Mrs. Beatty, Ms. Bonamici, Ms. 
 Brown, Ms. Brownley, Ms. Budzinski, Ms. Bynum, Mr. Carbajal, Mr. 
 Carson, Mr. Carter of Louisiana, Mr. Casar, Mr. Casten, Ms. Castor of 
Florida, Mrs. Cherfilus-McCormick, Ms. Chu, Mr. Cisneros, Ms. Clarke of 
 New York, Mr. Cohen, Mr. Correa, Ms. Crockett, Ms. Davids of Kansas, 
 Mr. Davis of Illinois, Ms. DeGette, Ms. DeLauro, Ms. DelBene, Mr. 
 Deluzio, Mr. DeSaulnier, Ms. Dexter, Mr. Doggett, Ms. Escobar, Mr. 
 Espaillat, Mr. Evans of Pennsylvania, Mr. Foster, Mrs. Foushee, Ms. 
 Lois Frankel of Florida, Mr. Frost, Mr. Garamendi, Mr. Garcia of 
California, Ms. Garcia of Texas, Mr. Garcia of Illinois, Ms. Perez, Mr. 
Golden of Maine, Mr. Gomez, Ms. Norton, Mr. Horsford, Ms. Houlahan, Ms. 
Hoyle of Oregon, Mr. Huffman, Mr. Jackson of Illinois, Ms. Jacobs, Mr. 
Johnson of Georgia, Ms. Johnson of Texas, Ms. Kamlager-Dove, Ms. Kelly 
 of Illinois, Mr. Khanna, Mr. Landsman, Mr. Larsen of Washington, Mr. 
 Larson of Connecticut, Ms. Lee of Pennsylvania, Ms. Leger Fernandez, 
 Mr. Levin, Ms. Lofgren, Mr. Lynch, Ms. Matsui, Mrs. McBath, Ms. 
McBride, Ms. McClellan, Ms. McCollum, Mr. McGarvey, Mr. McGovern, Mrs. 
 McIver, Mr. Meeks, Mr. Menendez, Ms. Meng, Mr. Min, Mr. Morelle, Mr. 
 Moskowitz, Mr. Moulton, Mr. Mrvan, Mr. Mullin, Ms. Ocasio-Cortez, Ms. 
 Omar, Mr. Panetta, Mr. Pappas, Mr. Peters, Ms. Pettersen, Mr. Pocan, 
Mr. Quigley, Mrs. Ramirez, Mr. Riley of New York, Ms. Rivas, Ms. Ross, 
Ms. Salinas, Ms. Scanlon, Ms. Schakowsky, Mr. Schneider, Ms. Scholten, 
Ms. Schrier, Mr. David Scott of Georgia, Mr. Sherman, Ms. Sherrill, Ms. 
 Simon, Mr. Smith of Washington, Mr. Sorensen, Ms. Stansbury, Ms. 
 Stevens, Mr. Swalwell, Mr. Thanedar, Mr. Thompson of California, Ms. 
 Titus, Ms. Tlaib, Ms. Tokuda, Mr. Tonko, Mr. Torres of New York, Mrs. 
Torres of California, Mrs. Trahan, Mr. Tran, Ms. Underwood, Mr. Veasey, 
 Ms. Velazquez, Ms. Wasserman Schultz, Mr. Whitesides, Ms. Williams of 
 Georgia, Ms. Craig, and Ms. Sewell) 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 Women's Right to 
Reproductive Freedom Act''.

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.
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