,i #aahth ,,congress #ast ,session ,h4 ,r4 #fb ,,in ,,the ,,house ,,of ,,representatives ,january #i1 #bjbc,ms4 ,jackson ,lee introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce1 and in addition to the ,committee on the ,judiciary1 for a period to be subsequently determined by the ,speaker1 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 services1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,safeguard ,healthcare ,industry ,employees from ,litigation and ,distress ,act or the ,,shield ,act4 #b4 ,definitions ,in this ,act3 7#a7 ,the term reproductive health care service includes1 with respect to a current1 potential1 or anticipated pregnancy-- 7,a7 a diagnosis2 7,b7 an evaluation2 7,c7 an assessment2 7,d7 a consultation or the provision of advice1 including with respect to decision making2 7,e7 a treatment2 and 7,f7 an abortion-related health care service4 7#b7 ,the term health care provider means any entity or individual 7including any physician1 certified nurse-midwife1 nurse practitioner1 nurse1 physician's assistant1 pharmacist1 or other medical professional7 that is-- 7,a7 engaged or seeks to engage in decision making related to1 or the delivery of1 health care services1 including reproductive health care services2 and 7,b7 licensed or certified to perform such service under applicable ,state law4 7#c7 ,the term ,state includes the several ,states1 the ,district of ,columbia1 the ,commonwealth of ,puerto ,rico1 the ,united ,states ,virgin ,islands1 ,american ,samoa1 ,guam1 the ,northern ,mariana ,islands1 each ,indian tribe1 and each territory or possession of the ,united ,states4 #c4 ,restriction on certain ,department of ,justice law enforcement funding 7a7 ,in general ,the funds that a ,state would otherwise receive under a covered grant program shall be reduced by #ej percent if the ,state has in effect a law that authorizes officers or employees of the ,state or of a unit of local government to prevent 7including through criminal enforcement71 restrict1 impede1 or retaliate against-- 7#a7 a health care provider who seeks to initiate1 provide1 or otherwise facilitate the provision of reproductive health care services to a patient or prospective patient2 7#b7 any person or entity that seeks to assist a health care provider who seeks to initiate1 provide1 or otherwise facilitate the provision of reproductive health care services to a patient or prospective patient2 7#c7 any person who seeks to gain access to-- 7,a7 reproductive health care services2 or 7,b7 a health care provider for the purpose of accessing reproductive health care services2 or 7#d7 any person or entity that seeks to assist another person who seeks to gain access to-- 7,a7 reproductive health care services2 or 7,b7 a health care provider for the purpose of accessing reproductive health care services4 7b7 ,covered grant program ,in this section1 the term covered grant program means grants under-- 7#a7 part ,q of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #acjha et seq472 and 7#b7 subpart #a of part ,e of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajaea et seq474 #d4 ,interference by officers or employees of a ,state or unit of local government prohibited 7a7 ,in general ,no officer or employee of a ,state or unit of local government may act under color of law in any manner that would have a discriminatory effect on a woman by preventing 7including through criminal enforcement71 restricting1 impeding1 or retaliating against-- 7#a7 a health care provider who seeks to initiate1 provide1 or otherwise facilitate the provision of reproductive health care services to a patient or prospective patient2 7#b7 any person or entity that seeks to assist a health care provider who seeks to initiate1 provide1 or otherwise facilitate the provision of reproductive health care services to a patient or prospective patient2 7#c7 any person who seeks to gain access to-- 7,a7 reproductive health care services2 or 7,b7 a health care provider for the purpose of accessing reproductive health care services2 or 7#d7 any person or entity that seeks to assist another person who seeks to gain access to-- 7,a7 reproductive health care services2 or 7,b7 a health care provider for the purpose of accessing reproductive health care services4 7b7 ,enforcement by ,attorney ,general ,the ,attorney ,general may bring a civil action for declaratory and injunctive relief in the appropriate ,united ,states district court against any person who violates subsection 7a74 7c7 ,private right of action ,any person who is harmed by a violation of subsection 7a7 may bring a civil action in the appropriate ,united ,states district court against the person who violated such subsection for-- 7#a7 declaratory and injunctive relief2 7#b7 such compensatory damages as the court determines appropriate1 including for economic losses and for emotional pain and suffering2 7#c7 such punitive damages as the court determines appropriate2 and 7#d7 reasonable attorney's fees and costs of the action that the court determines appropriate to award to a prevailing plaintiff4 7d7 ,criminal penalty ,whoever1 in violating subsection 7a71 uses a deadly or dangerous weapon or inflicts bodily injury1 shall be fined under title #ah1 ,united ,states ,code1 or imprisoned not more than #bj years1 or both4 7e7 ,no ,state immunity ,a ,state shall not be immune under the eleventh amendment to the ,constitution of the ,united ,states from an action in a ,federal or ,state court of competent jurisdiction for a violation of this section4 #e4 ,interference by persons not officers or employees of a ,state or unit of local government prohibited 7a7 ,in general ,no person who is not an officer or employee of a ,state or of a unit of local government1 who1 in a circumstance described in subsection 7b71 by operation of a provision of ,state law attempts to implement or enforce ,state law1 may act or threaten to act in any manner to prevent1 restrict1 impede1 or retaliate against-- 7#a7 a health care provider who seeks to initiate1 provide1 or otherwise facilitate the provision of reproductive health care services to a patient or prospective patient2 7#b7 any person or entity that assists a health care provider who seeks to initiate1 provide1 or otherwise facilitate the provision of reproductive health care services to a patient or prospective patient2 7#c7 any person who seeks to gain access to-- 7,a7 reproductive health care services2 or 7,b7 a health care provider for the purpose of accessing reproductive health care services2 or 7#d7 any person or entity that seeks to assist another person who seeks to gain access to-- 7,a7 reproductive health care services2 or 7,b7 a health care provider for the purpose of accessing reproductive health care services4 7b7 ,circumstances described ,for the purposes of subsection 7a71 the circumstances described in this subsection are that-- 7#a7 any travel in interstate or foreign commerce1 or travel enabled by a means1 channel1 facility1 or instrumentality of interstate or foreign commerce1 occurred in furtherance of or in connection with the conduct described in subsection 7a72 7#b7 a means1 channel1 facility1 or instrumentality of interstate or foreign commerce was used in furtherance of or in connection with the conduct described in subsection 7a72 7#c7 any payment of any kind was made1 directly or indirectly1 in furtherance of or in connection with the conduct described in subsection 7a7 using any means1 channel1 facility1 or instrumentality of interstate or foreign commerce or in or affecting interstate or foreign commerce2 7#d7 any communication was transmitted in interstate or foreign commerce1 relating to or in furtherance of the conduct described in subsection 7a7 using any means1 channel1 facility1 or instrumentality of interstate or foreign commerce or in or affecting interstate or foreign commerce by any means or in manner1 including by computer1 mail1 wire1 or electromagnetic transmission2 7#e7 any instrument1 item1 substance1 or other object that has traveled in interstate or foreign commerce was used to perform the conduct described in subsection 7a72 7#f7 the conduct described in subsection 7a7 occurred within the special maritime and territorial jurisdiction of the ,united ,states1 or any territory or possession of the ,united ,states2 or 7#g7 the conduct described in subsection 7a7 otherwise occurred in or affected interstate or foreign commerce4 7c7 ,enforcement by ,attorney ,general ,the ,attorney ,general may bring a civil action for declaratory and injunctive relief in the appropriate ,united ,states district court against any person who violates subsection 7a74 7d7 ,private right of action ,any person who is harmed by a violation of subsection 7a7 may bring a civil action in the appropriate ,united ,states district court against the person who violated such subsection for-- 7#a7 declaratory and injunctive relief2 7#b7 such compensatory damages as the court determines appropriate1 including for economic losses and for emotional pain and suffering2 7#c7 such punitive damages as the court determines appropriate2 and 7#d7 reasonable attorney's fees and costs of the action that the court determines appropriate to award to a prevailing plaintiff4 7e7 ,criminal penalty ,whoever1 in violating subsection 7a71 uses a deadly or dangerous weapon or inflicts bodily injury1 shall be fined under title #ah1 ,united ,states ,code1 or imprisoned not more than #bj years1 or both4 #f4 ,severability ,if any provision of this ,act1 or the application of such provision to any person1 entity1 government1 or circumstance1 is held to be unconstitutional1 the remainder of this ,act1 or the application of such provision to all other persons1 entities1 governments1 or circumstances1 shall not be affected thereby4