,,ii #aaith ,,congress #b;d ,session ,s4 #dhgi ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #bd1 #bjbf,mrs4 ,murray 7for herself1 ,ms4 ,alsobrooks1 ,ms4 ,baldwin1 ,mr4 ,bennet1 ,mr4 ,blumenthal1 ,mr4 ,heinrich1 ,ms4 ,hirono1 ,mr4 ,hickenlooper1 ,ms4 ,klobuchar1 ,mr4 ,merkley1 ,mr4 ,markey1 ,mr4 ,reed1 ,mrs4 ,shaheen1 ,mr4 ,van ,hollen1 ,ms4 ,warren1 ,mr4 ,whitehouse1 ,mr4 ,wyden1 ,mr4 ,padilla1 ,ms4 ,rosen1 ,mr4 ,lujn1 ,ms4 ,cortez ,masto1 and ,mr4 ,schiff7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to ensure the right to provide reproductive health care services1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,let ,doctors ,provide ,reproductive ,health ,care ,act4 #b4 ,definitions ,in this ,act3 7#a7 ,health care provider ,the term health care provider means any entity1 employee of such entity1 or individual 7including any physician1 certified nurse-midwife1 nurse practitioner1 physician assistant1 and pharmacist7 that-- 7,a7 is engaged or seeks to engage in the delivery of reproductive health care services2 and 7,b7 if required by ,state law to be licensed1 certified1 or otherwise authorized to engage in the delivery of such services-- 7i7 is so licensed1 certified1 or otherwise authorized2 or 7ii7 would be so licensed1 certified1 or otherwise authorized1 but for their past1 present1 or potential provision of abortion services4 7#b7 ,reproductive health care services ,the term reproductive health care services means abortion services1 contraception services1 in vitro fertilization1 or other reproductive care1 education1 and counseling that-- 7,a7 is provided in a hospital1 clinic1 physician's office1 pharmacy1 or other service site1 or provided via telehealth1 intended to provide medical1 procedural1 counseling1 or referral services2 7,b7 is provided in a medically accurate manner2 and 7,c7 in any way affects commerce over which the ,united ,states has jurisdiction4 7#c7 ,state ,the term ,state means each of the #ej ,states1 the ,district of ,columbia1 ,puerto ,rico1 each territory and possession of the ,united ,states1 and any subdivision of a ,state1 including any unit of local government1 such as a county1 city1 town1 village1 or other general purpose political subdivision of a ,state4 #c4 ,right to provide reproductive health care services 7a7 ,prohibition ,no individual1 entity1 or ,state may prevent1 restrict1 impede1 or disadvantage-- 7#a7 a health care provider from providing or assisting with reproductive health care services lawful in the ,state in which the services are to be provided2 7#b7 any individual or entity from assisting a health care provider in providing or assisting with reproductive health care services lawful in the ,state in which services are to be provided2 or 7#c7 a health care provider or any individual or entity from providing or assisting a health care provider with reproductive health care services for an individual who does not reside in the ,state in which the services are to be provided4 7b7 ,enforcement 7#a7 ,attorney ,general ,the ,attorney ,general may commence a civil action on behalf of the ,united ,states against any ,state1 or against any government official1 individual1 or entity that enacts1 implements1 or enforces a limitation or requirement that violates subsection 7a74 ,the court shall hold unlawful and set aside the limitation or requirement if it is in violation of subsection 7a74 7#b7 ,private right of action ,any individual or entity adversely affected by an alleged violation of subsection 7a7 may commence a civil action against any ,state that violates this section or against any government official that enacts1 implements1 or enforces a limitation or requirement that violates subsection 7a74 ,the court shall hold unlawful and enjoin the limitation or requirement if it is in violation of subsection 7a74 7#c7 ,health care provider ,a health care provider may commence an action for relief on its own behalf1 on behalf of the provider's staff1 and on behalf of the provider's patients who are or may be adversely affected by an alleged violation of subsection 7a74 7#d7 ,equitable relief ,in any action under this section1 the court may award appropriate equitable relief1 including temporary1 preliminary1 or permanent injunctive relief4 7#e7 ,costs ,in any action under this section1 the court shall award costs of litigation1 as well as reasonable attorney's fees1 to any prevailing plaintiff4 ,a plaintiff shall not be liable to a defendant for costs or attorney's fees in any nonfrivolous action under this section4 7#f7 ,jurisdiction ,the district courts of the ,united ,states shall have jurisdiction over proceedings under this section and shall exercise the same without regard to whether the party aggrieved shall have exhausted any administrative or other remedies that may be provided for by law4 7#g7 ,abrogation of ,state immunity ,neither a ,state that enforces or maintains1 nor a government official who is permitted to implement or enforce1 any limitation or requirement that violates subsection 7a7 shall be immune under the ,tenth ,amendment to the ,constitution of the ,united ,states1 the ,eleventh ,amendment to the ,constitution of the ,united ,states1 or any other source of law1 from an action in a ,federal or ,state court of competent jurisdiction challenging that limitation or requirement4 7#h7 ,right to remove ,any party shall have a right to remove an action brought under this subsection to the district court of the ,united ,states for the district and division embracing the place where such action is pending4 ,an order remanding the case to the ,state court from which it was removed under this paragraph may be immediately reviewable by appeal or otherwise4 7c7 ,rules of construction 7#a7 ,in general ,nothing in this section shall be construed to modify1 supersede1 or otherwise affect the authority of any executive branch agency to promulgate regulations or otherwise implement laws4 7#b7 ,other individuals considered as government officials ,any person who1 by operation of a provision of ,federal or ,state law1 is permitted to implement or enforce a limitation or requirement that violates this section shall be considered a government official for purposes of this ,act4 #d4 ,prohibition on the use of ,federal funds ,notwithstanding any other provision of law1 no ,federal funds may be used by a ,state1 including through a grant1 contract1 or cooperative agreement1 to pursue legal cases against residents or other individuals or entities1 or to take any other enforcement1 disciplinary1 or adverse licensing proceeding on the basis of such residents or other individuals or entities providing or assisting with reproductive health care services that are lawful in the ,state in which the services are provided4 #e4 ,reproductive health care legal services defense fund grants 7a7 ,definitions ,in this section3 7#a7 ,eligible entity ,the term eligible entity means an individual1 partnership1 firm1 corporation1 or nonprofit organization that has a specific expertise in providing legal assistance and is licensed to practice law4 7#b7 ,eligible provider ,the term eligible provider means a health care provider that-- 7,a7 provides or refers for abortion care services2 and 7,b7 faces legal issues relating to providing or assisting with reproductive health care services4 7b7 ,funding ,there is appropriated to the ,attorney ,general1 out of amounts in the ,treasury not otherwise appropriated1 #dj1jjj1jjj1 to remain available until expended1 for purposes of awarding grants to eligible entities or consortia of eligible entities to provide legal assistance to eligible providers4 7c7 ,application 7#a7 ,in general ,an eligible entity desiring a grant under this section shall submit an application to the ,attorney ,general at such time1 in such manner1 and containing such information as the ,attorney ,general may require4 7#b7 ,joint applications ,multiple eligible entities may submit a joint application that designates a single eligible entity as the lead entity for the purposes of receiving and disbursing funds received through a grant under this section4 7d7 ,use of funds ,an eligible entity may use amounts received under a grant under this section-- 7#a7 to provide advice1 legal services1 or representation to eligible providers1 related to providing or assisting with reproductive health care services under ,federal1 ,state1 and local law2 7#b7 to educate eligible providers about the rights and obligations of the eligible provider related to providing or assisting with reproductive health care services under ,federal1 ,state1 and local law2 7#c7 to monitor compliance by a ,state with ,federal1 ,state1 and local laws related to providing or assisting with reproductive health care services2 and 7#d7 for any other activity the ,attorney ,general may reasonably prescribe that is related to providing or assisting with reproductive health care services under ,federal1 ,state1 and local law4 #f4 ,reproductive health care services security grants 7a7 ,in general ,there is appropriated to the ,secretary of ,health and ,human ,services 7referred to in this section as the ,secretary71 out of amounts in the ,treasury not otherwise appropriated1 #dj1jjj1jjj1 for purposes of awarding grants to eligible providers for enhanced security for staff and patients of such providers4 7b7 ,eligible provider ,in this section1 the term eligible provider means a health care provider who provides or refers for abortion care services4 7c7 ,application ,an eligible provider desiring a grant under this section shall submit an application to the ,secretary at such time1 in such manner1 and containing such information as the ,secretary may require4 7d7 ,use of funds ,a recipient of a grant under this section may use such grant funds for any of the following purposes3 7#a7 ,providing physical upgrades to health care facilities to improve security4 7#b7 ,providing training in security to health care staff4 7#c7 ,improving capabilities to defend against cyberattacks4 7#d7 ,ensuring patient and provider data security4 7#e7 ,providing protective services to staff and patients4 7#f7 ,any other activity1 as the ,secretary determines appropriate4 #g4 ,fair liability insurance ,an issuer of professional liability coverage for health care providers shall not-- 7#a7 deny a health care provider professional liability coverage solely because that provider offers1 supports1 provides1 or prescribes lawful reproductive health care services2 or 7#b7 sue a health care provider solely because that provider provides lawful reproductive health care services4 #h4 ,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