No official summary available for this bill.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4381 Placed on Calendar Senate (PCS)]
<DOC>
Calendar No. 400
118th CONGRESS
2d Session
S. 4381
To protect an individual's ability to access contraceptives and to
engage in contraception and to protect a health care provider's ability
to provide contraceptives, contraception, and information related to
contraception.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 21, 2024
Mr. Markey (for himself, Ms. Baldwin, Mr. Bennet, Mr. Blumenthal, Mr.
Booker, Mr. Brown, Ms. Butler, Ms. Cantwell, Mr. Cardin, Mr. Carper,
Mr. Casey, Mr. Coons, Ms. Cortez Masto, Ms. Duckworth, Mr. Durbin, Mr.
Fetterman, Mrs. Gillibrand, Ms. Hassan, Mr. Heinrich, Mr. Hickenlooper,
Ms. Hirono, Mr. Kaine, Mr. Kelly, Mr. King, Ms. Klobuchar, Mr. Lujan,
Mr. Menendez, Mr. Merkley, Mr. Murphy, Mrs. Murray, Mr. Ossoff, Mr.
Padilla, Mr. Peters, Mr. Reed, Ms. Rosen, Mr. Sanders, Mr. Schatz, Mr.
Schumer, Mrs. Shaheen, Ms. Sinema, Ms. Smith, Ms. Stabenow, Mr. Tester,
Mr. Van Hollen, Mr. Warner, Mr. Warnock, Ms. Warren, Mr. Welch, Mr.
Whitehouse, and Mr. Wyden) introduced the following bill; which was
read the first time
May 22, 2024
Read the second time and placed on the calendar
_______________________________________________________________________
A BILL
To protect an individual's ability to access contraceptives and to
engage in contraception and to protect a health care provider's ability
to provide contraceptives, contraception, and information related to
contraception.
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 ``Right to Contraception Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Contraception.--The term ``contraception'' means an
action taken to prevent pregnancy, including the use of
contraceptives or fertility-awareness-based methods and
sterilization procedures.
(2) Contraceptive.--The term ``contraceptive'' means any
drug, device, or biological product intended for use in the
prevention of pregnancy, whether specifically intended to
prevent pregnancy or for other health needs, that is approved,
cleared, authorized, or licensed under section 505, 510(k),
513(f)(2), 515, or 564 of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 355, 360(k), 360c(f)(2), 360e, 360bbb-3) or
section 351 of the Public Health Service Act (42 U.S.C. 262).
(3) Government.--The term ``government'' includes each
branch, department, agency, instrumentality, and official of
the United States or a State.
(4) Health care provider.--The term ``health care
provider'' means any entity or individual (including any
physician, certified nurse-midwife, nurse, nurse practitioner,
physician assistant, and pharmacist) that is licensed or
otherwise authorized by a State to provide health care
services.
(5) State.--The term ``State'' includes each of the 50
States, the District of Columbia, the Commonwealth of Puerto
Rico, each territory and possession of the United States, and
each Indian Tribe (as defined in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304)),
and any political subdivision of any of the foregoing,
including any unit of local government, such as a county, city,
town, village, or other general purpose political subdivision
of a State.
SEC. 3. PURPOSES.
The purposes of this Act are--
(1) to provide a clear and comprehensive right to
contraception;
(2) to permit individuals to seek and obtain contraceptives
and engage in contraception, and to permit health care
providers to facilitate that care; and
(3) to protect an individual's ability to make decisions
about their body, medical care, family, and life's course, and
thereby protect the individual's ability to participate equally
in the economic and social life of the United States.
SEC. 4. PERMITTED SERVICES.
(a) In General.--An individual has a statutory right under this Act
to obtain contraceptives and to voluntarily engage in contraception,
free from coercion, and a health care provider has a corresponding
right to provide contraceptives, contraception, and information,
referrals, and services related to contraception.
(b) Limitations or Requirements.--The statutory rights specified in
subsection (a) shall not be limited or otherwise infringed through any
limitation or requirement that--
(1) expressly, effectively, implicitly, or as-implemented
singles out--
(A) the provision of contraceptives, contraception,
or contraception-related information;
(B) health care providers who provide
contraceptives, contraception, or contraception-related
information; or
(C) facilities in which contraceptives,
contraception, or contraception-related information is
provided; and
(2) impedes access to contraceptives, contraception, or
contraception-related information.
(c) Exception.--To defend against a claim that a limitation or
requirement violates a health care provider's or individual's statutory
rights under subsection (b), a party must establish, by clear and
convincing evidence, that--
(1) the limitation or requirement significantly advances
access to contraceptives, contraception, and information
related to contraception; and
(2) access to contraceptives, contraception, and
information related to contraception or the health of patients
cannot be advanced by a less restrictive alternative measure or
action.
(d) Rule of Construction.--Nothing in this section shall be
construed to limit the authority of the Secretary of Health and Human
Services, acting through the Commissioner of Food and Drugs, to
approve, clear, authorize, or license contraceptives under section 505,
510(k), 513(f)(2), 515, or 564 of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 355, 360(k), 360c(f)(2), 360e, 360bbb-3) or section 351
of the Public Health Service Act (42 U.S.C. 262), or for the Federal
Government to enforce such approval, clearance, authorization, or
licensure.
SEC. 5. APPLICABILITY AND PREEMPTION.
(a) General Application.--
(1) In general.--Except as provided in subsection (c), this
Act supersedes and applies to the law of the Federal Government
and each State, and the implementation of such law, whether
statutory, common law, or otherwise, and whether adopted before
or after the date of enactment of this Act.
(2) Prohibition.--Neither the Federal Government nor any
State may administer, implement, or enforce any law, rule,
regulation, standard, or other provision having the force and
effect of law in a manner that--
(A) prohibits or restricts the sale, provision, or
use of any contraceptives;
(B) prohibits or restricts any individual from
aiding another individual in voluntarily obtaining or
using any contraceptives or contraceptive methods; or
(C) exempts any contraceptives or contraceptive
methods from any other generally applicable law in a
way that would make it more difficult to sell, provide,
obtain, or use such contraceptives or contraceptive
methods.
(3) Relationship with other laws.--This Act applies
notwithstanding any other provision of Federal law, including
the Religious Freedom Restoration Act of 1993 (42 U.S.C. 2000bb
et seq.).
(b) Subsequently Enacted Federal Legislation.--Federal law enacted
after the date of enactment of this Act is subject to this Act, unless
such law explicitly excludes such application by reference to this Act.
(c) Limitations.--The provisions of this Act shall not supersede or
otherwise affect any provision of Federal law relating to coverage
under (and shall not be construed as requiring the provision of
specific benefits under) group health plans or group or individual
health insurance coverage or coverage under a Federal health care
program (as defined in section 1128B(f) of the Social Security Act (42
U.S.C. 1320a-7b(f))), including coverage provided under section
1905(a)(4)(C) of the Social Security Act (42 U.S.C. 1396d(a)(4)(C)) and
section 2713 of the Public Health Service Act (42 U.S.C. 300gg-13).
(d) Defense.--In any cause of action against an individual or
entity who is subject to a limitation or requirement that violates this
Act, in addition to the remedies specified in section 7, this Act shall
also apply to, and may be raised as a defense by, such an individual or
entity.
(e) Effective Date.--This Act shall take effect immediately upon
the date of enactment of this Act.
SEC. 6. RULES OF CONSTRUCTION.
(a) In General.--In interpreting the provisions of this Act, a
court shall liberally construe such provisions to effectuate the
purposes described in section 3.
(b) Rule of Construction.--Nothing in this Act shall be construed--
(1) to authorize any government to interfere with a health
care provider's ability to provide contraceptives or
information related to contraception or a patient's ability to
obtain contraceptives or to engage in contraception; or
(2) to permit or sanction the conduct of any sterilization
procedure without the patient's voluntary and informed consent.
(c) Other Individuals Considered as Government Officials.--Any
individual who, by operation of a provision of Federal or State law, is
permitted to implement or enforce a limitation or requirement that
violates section 4 shall be considered a government official for
purposes of this Act.
SEC. 7. ENFORCEMENT.
(a) Attorney General.--The Attorney General may commence a civil
action on behalf of the United States against any State that violates,
or against any government official (including an individual described
in section 6(c)) that implements or enforces a limitation or
requirement that violates, section 4. The court shall hold unlawful and
set aside the limitation or requirement if it is in violation of this
Act.
(b) Private Right of Action.--
(1) In general.--Any individual or entity, including any
health care provider or patient, adversely affected by an
alleged violation of this Act, may commence a civil action
against any State that violates, or against any government
official (including an individual described in section 6(c))
that implements or enforces a limitation or requirement that
violates, section 4. The court shall hold unlawful and set
aside the limitation or requirement if it is in violation of
this Act.
(2) Health care provider.--A health care provider may
commence an action for relief on its own behalf, on behalf of
the provider's staff, and on behalf of the provider's patients
who are or may be adversely affected by an alleged violation of
this Act.
(c) Equitable Relief.--In any action under this section, the court
may award appropriate equitable relief, including temporary,
preliminary, and permanent injunctive relief.
(d) Costs.--In any action under this section, the court shall award
costs of litigation, as well as reasonable attorney's fees, to any
prevailing plaintiff. A plaintiff shall not be liable to a defendant
for costs or attorney's fees in any nonfrivolous action under this
section.
(e) Jurisdiction.--The district courts of the United States shall
have jurisdiction over proceedings under this Act 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 law.
(f) Abrogation of State Immunity.--Neither a State that enforces or
maintains, nor a government official (including an individual described
in section 6(c)) who is permitted to implement or enforce any
limitation or requirement that violates section 4 shall be immune under
the Tenth Amendment to the Constitution of the United States, the
Eleventh Amendment to the Constitution of the United States, or any
other source of law, from an action in a Federal or State court of
competent jurisdiction challenging that limitation or requirement.
SEC. 8. SEVERABILITY.
If any provision of this Act, or the application of such provision
to any individual, entity, government, or circumstance, is held to be
unconstitutional, the remainder of this Act, or the application of such
provision to all other individuals, entities, governments, or
circumstances, shall not be affected thereby.
Calendar No. 400
118th CONGRESS
2d Session
S. 4381
_______________________________________________________________________
A BILL
To protect an individual's ability to access contraceptives and to
engage in contraception and to protect a health care provider's ability
to provide contraceptives, contraception, and information related to
contraception.
_______________________________________________________________________
May 22, 2024
Read the second time and placed on the calendar
Introduced in Senate
Introduced in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 400.
Motion to proceed to consideration of measure made in Senate. (CR S3915)
Cloture motion on the motion to proceed to the measure presented in Senate. (CR S3915)
Motion to proceed to consideration of measure made in Senate. (CR S3971)
Cloture on the motion to proceed to the measure not invoked in Senate by Yea-Nay Vote. 51 - 39. Record Vote Number: 190. (CR S3982)
Roll Call #190 (Senate)Motion by Senator Schumer to reconsider the vote by which cloture on the motion to proceed to the measure was not invoked (Record Vote No. 190) made in Senate.
Motion to table the motion to proceed to the measure agreed to in Senate by Voice Vote.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line