H.R. 8297House117th Congress (2021-2023)Passed House

Ensuring Women’s Right to Reproductive Freedom Act

Introduced July 7, 2022

AI-Generated Summary

Updated February 8, 2026 at 4:29 PM UTC

The Ensuring Women’s Right to Reproductive Freedom Act bars any state law or state‑authorized action from preventing, restricting, or retaliating against abortion services that are legal in the state where they are provided, even when the patient lives in another state. It protects health‑care providers, those who assist them, patients traveling across state lines, and the interstate shipment of FDA‑approved abortion drugs. The law also gives the Attorney General and harmed individuals the ability to sue for injunctions and damages. It applies to all U.S. states, territories, and tribal lands.

Key Provisions

  • Prohibits state laws or enforcement actions from interfering with lawful abortion services provided to out‑of‑state patients, covering providers, assistants, travelers, and drug shipments
  • Allows the Attorney General to bring civil actions for declaratory and injunctive relief against violators
  • Grants any person harmed by a violation a private right to sue for injunctive relief, compensatory damages, and attorney’s fees
  • Provides definitions for “abortion service,” “health care provider,” and related terms to set the scope of protection
  • Clarifies that the act does not limit the constitutional right to travel or existing enforcement authority

Legislative Activity

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15 earlier actions
SenateIntro Referral Latest Action

Received in the Senate.

July 18, 2022

View full timeline
HouseIntro Referral

Introduced in House

July 7, 2022

HouseIntro Referral

Referred to the House Committee on Energy and Commerce.

July 7, 2022

HouseFloor

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.

July 13, 2022 • 9:58 AM

HouseFloor

Considered under the provisions of rule H. Res. 1224. (consideration: CR H6647-6660)

July 15, 2022 • 10:55 AM

HouseFloor

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.

July 15, 2022 • 10:55 AM

HouseFloor

DEBATE - The House proceeded with one hour of debate on H.R. 8297.

July 15, 2022 • 10:56 AM

HouseFloor

The previous question was ordered pursuant to the rule.

July 15, 2022 • 12:24 PM

HouseFloor

Mr. Johnson (LA) moved to recommit to the Committee on Energy and Commerce. (text: CR H6659-6660)

July 15, 2022 • 12:25 PM

HouseFloor

The previous question on the motion to recommit was ordered pursuant to clause 2(b) of rule XIX.

July 15, 2022 • 12:25 PM

HouseFloor

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.

July 15, 2022 • 12:25 PM

HouseFloor

Considered as unfinished business. (consideration: CR H6661-6663)

July 15, 2022 • 1:17 PM

HouseFloor

On motion to recommit Failed by the Yeas and Nays: 209 - 219 (Roll no. 361).

July 15, 2022 • 1:30 PM

HouseFloor

Passed/agreed to in House: On passage Passed by the Yeas and Nays: 223 - 205 (Roll no. 362).

July 15, 2022 • 1:42 PM

HouseFloor

On passage Passed by the Yeas and Nays: 223 - 205 (Roll no. 362). (text: CR H6647)

July 15, 2022 • 1:42 PM

HouseFloor

Motion to reconsider laid on the table Agreed to without objection.

July 15, 2022 • 1:42 PM

SenateIntro Referral

Received in the Senate.

July 18, 2022

Floor Debate

22 members

What members said about H.R. 8297 on the floor

10 Republicans12 Democrats
Joseph D. Morelle
Rep. Joseph D. MorelleD-NY-25 · Jul 13, 2022

Madam Speaker, by direction of the Committee on Rules, I call up House Resolution 1224 and ask for its immediate consideration. Madam Speaker, for the purpose of debate only, I yield the customary 30…

Sheila Jackson Lee
Rep. Sheila Jackson LeeD-TX-18 · Jul 15, 2022

Madam Speaker, I thank my good friends, Lizzie Fletcher and Marilyn Strickland and Jamie Raskin, for understanding the Constitution. Patricia Hughes and Jeremy Donahue threw a Molotov cocktail in a…

Tom Cole
Rep. Tom ColeR-OK-4 · Jul 13, 2022

Madam Speaker, I thank my very good friend, the gentleman from New York (Mr. Morelle) for yielding me the customary 30 minutes, and I yield myself such time as I may consume. Madam Speaker, today's…

Cathy McMorris Rodgers
Rep. Cathy McMorris RodgersR-WA-5 · Jul 15, 2022

Madam Speaker, I yield myself such time as I may consume. Madam Speaker, I rise in strong opposition to H.R. 8297, the Ensuring Access to Abortion Act. Just like the Democrats' abortion on demand…

Nancy Pelosi
Rep. Nancy PelosiD-CA-12 · Jul 15, 2022

Madam Speaker, I thank the gentleman for yielding, and I thank him for his extraordinary leadership on this subject not only as we face the Court decision but, over time, his chairmanship of the…

Show 8 more
Steny H. Hoyer
Rep. Steny H. HoyerD-MD-5 · Jul 15, 2022

Madam Speaker, I thank the gentlemen for yielding. Madam Speaker, as the doctor has just said, this is an extraordinarily complex and difficult issue for all. Madam Speaker, I rise in strong support…

Michael C. Burgess
Rep. Michael C. BurgessR-TX-26 · Jul 13, 2022

Madam Speaker, I thank the gentleman for yielding the time. Before coming to Congress, I practiced medicine for nearly 30 years. I had the privilege of delivering 3,000 babies. I dedicated my career…

Nancy Pelosi
Rep. Nancy PelosiD-CA-12 · Jul 13, 2022

Madam Speaker, I thank the gentleman for his leadership on the very important elements of the rule that will be brought to the floor today. I thank him, and I thank all the members of the Rules…

Frank Pallone, Jr.
Rep. Frank Pallone, Jr.D-NJ-6 · Jul 15, 2022

Madam Speaker, pursuant to House Resolution 1224, I call up the bill (H.R. 8297) to prohibit the interference, under color of State law, with the provision of interstate abortion services, and for…

Dusty Johnson
Rep. Dusty JohnsonR-SD · Jul 13, 2022

Madam Speaker, I thank the gentleman, and I thank leadership for making my bill a priority on the floor today. We have heard from a number of earlier speakers that recent Supreme Court decisions have…

Mary Gay Scanlon
Rep. Mary Gay ScanlonD-PA-5 · Jul 13, 2022

Madam Speaker, it has been less than 3 weeks since Mitch McConnell's hand-picked, rightwing Supreme Court overturned Roe v. Wade and with it 50 years of settled law regarding the fundamental privacy…

Mike Johnson
Rep. Mike JohnsonR-LA-4 · Jul 15, 2022

Madam Speaker, I thank the gentlewoman for leading and for all of her courageous leadership on this important issue. Madam Speaker, I have to say, we have been stunned here in the last hour of this…

Diana Harshbarger
Rep. Diana HarshbargerR-TN-1 · Jul 15, 2022

Madam Speaker, I rise today to share my concern for the extraordinary lengths that my colleagues across the aisle will go in order to rip away a chance at life from unborn children. H.R. 8297, the…

Show 11 more
Kim Schrier
Rep. Kim SchrierD-WA-8 · Jul 15, 2022

Madam Speaker, this new post-Roe reality that we are living with is still sinking in for most of us, but if you are a woman who is pregnant now and needs to end that pregnancy, and you are in one of…

Steny H. Hoyer
Rep. Steny H. HoyerD-MD-5 · Jul 13, 2022

Madam Speaker, this is going to be a very busy week. There are over 600 amendments made in order to the defense bill. Clearly, if we do what we just did, and we do it too often--take three times the…

Steve Scalise
Rep. Steve ScaliseR-LA-1 · Jul 15, 2022

Madam Speaker, I thank the gentlewoman, the ranking member of the Energy and Commerce Committee, Mrs. McMorris Rodgers, for leading on this issue. Madam Speaker, I rise in strong opposition to this…

Marilyn Strickland
Rep. Marilyn StricklandD-WA-10 · Jul 15, 2022

Madam Speaker, I rise today in support of the Ensuring Women's Right to Reproductive Freedom Act, which my colleagues and I wrote to support reproductive choice. Simply put, this bill codifies the…

Jerrold Nadler
Rep. Jerrold NadlerD-NY-10 · Jul 15, 2022

Madam Speaker, I rise in strong support of H.R. 8297, the Ensuring Women's Right to Reproductive Freedom Act. The Supreme Court's disastrous decision in Dobbs to overturn Roe v. Wade has exacerbated…

Lizzie Fletcher
Rep. Lizzie FletcherD-TX-7 · Jul 15, 2022

Madam Speaker, in my beloved home State of Texas, we are in a crisis, a healthcare crisis, a humanitarian crisis. Since last September, access to abortion has been severely limited. Since last month,…

Kelly Armstrong
Rep. Kelly ArmstrongR-ND · Jul 13, 2022

Madam Speaker, the Constitution grants Congress the power over the size and composition of the judiciary. The Judiciary Act of 1789 and subsequent laws established this structure. Since 1869, the…

Stephanie I. Bice
Rep. Stephanie I. BiceR-OK-5 · Jul 13, 2022

Madam Speaker, I thank my friend and colleague for yielding. I rise in opposition to the combined rule, although I support the underlying NDAA. This year's NDAA makes targeted investments in our…

Kat Cammack
Rep. Kat CammackR-FL-3 · Jul 15, 2022

Madam Speaker, I rise today to urge my colleagues on the other side of the aisle to stop lying. Stop lying. Roe did not make abortion illegal, it returned the issue to the States. Now we see that you…

Lisa Blunt Rochester
Rep. Lisa Blunt RochesterD-DE · Jul 15, 2022

Madam Speaker, I rise in support of the Ensuring Women's Right to Reproductive Freedom Act. In the wake of the overturning of Roe v. Wade, this legislation is necessary to ensure that those in States…

Sylvia R. Garcia
Rep. Sylvia R. GarciaD-TX-29 · Jul 15, 2022

Madam Speaker, I rise today to speak in support of H.R. 8297 by my colleague and friend from Houston, Congresswoman Fletcher. First, let me be clear. There seems to be some fixation from the other…

Bill Text

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Received in SenateIssued July 18, 2022

II

117th CONGRESS

2d Session

H. R. 8297

IN THE SENATE OF THE UNITED STATES

July 18, 2022

Received

AN ACT

To prohibit the interference, under color of State law, with the provision of interstate abortion services, and for other purposes.


1.

Short title

This Act may be cited as the Ensuring Women’s Right to Reproductive Freedom Act.

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.

Passed the House of Representatives July 15, 2022.

Cheryl L. Johnson,

Clerk.