,,ii #aaith ,,congress #ast ,session ,s4 #dbb ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,february #e1 #bjbe,mr4 ,markey 7for himself1 ,ms4 ,duckworth1 ,ms4 ,hirono1 ,ms4 ,baldwin1 ,mr4 ,bennet1 ,mr4 ,blumenthal1 ,mr4 ,booker1 ,ms4 ,blunt ,rochester1 ,ms4 ,cantwell1 ,mr4 ,coons1 ,ms4 ,cortez ,masto1 ,mr4 ,durbin1 ,mr4 ,gallego1 ,mrs4 ,gillibrand1 ,mr4 ,heinrich1 ,mr4 ,hickenlooper1 ,mr4 ,kaine1 ,mr4 ,kim1 ,ms4 ,klobuchar1 ,mr4 ,merkley1 ,mr4 ,murphy1 ,mrs4 ,murray1 ,mr4 ,ossoff1 ,mr4 ,padilla1 ,mr4 ,peters1 ,mr4 ,reed1 ,ms4 ,rosen1 ,mr4 ,sanders1 ,mr4 ,schatz1 ,mrs4 ,shaheen1 ,ms4 ,slotkin1 ,ms4 ,smith1 ,mr4 ,van ,hollen1 ,mr4 ,warner1 ,mr4 ,warnock1 ,ms4 ,warren1 ,mr4 ,welch1 ,mr4 ,whitehouse1 ,mr4 ,wyden1 and ,mr4 ,fetterman7 introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,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 contraceptives1 contraception1 and information related to contraception4 #a4 ,short title ,this ,act may be cited as the ,right to ,contraception ,act 4 #b4 ,definitions ,in this ,act3 7#a7 ,contraception ,the term contraception means an action taken to prevent pregnancy1 including the use of contraceptives or fertility-awareness-based methods and sterilization procedures4 7#b7 ,contraceptive ,the term contraceptive means any drug1 device1 or biological product intended for use in the prevention of pregnancy1 whether specifically intended to prevent pregnancy or for other health needs1 that is approved1 cleared1 authorized1 or licensed under section #eje1 #eaj7k71 #eac7;f77#b71 #eae1 or #efd of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cee1 #cfj7k71 #cfj;c7f77#b71 #cfj;e1 #cfj;bbb-#c7 or section #cea of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bfb74 7#c7 ,government ,the term government includes each branch1 department1 agency1 instrumentality1 and official of the ,united ,states or a ,state4 7#d7 ,health care provider ,the term health care provider means any entity or individual 7including any physician1 certified nurse-midwife1 nurse1 nurse practitioner1 physician assistant1 and pharmacist7 that is licensed or otherwise authorized by a ,state to provide health care services4 7#e7 ,state ,the term ,state includes each of the #ej ,states1 the ,district of ,columbia1 the ,commonwealth of ,puerto ,rico1 each territory and possession of the ,united ,states1 and each ,indian ,tribe 7as defined in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd771 and any political subdivision of any of the foregoing1 including any unit of local government1 such as a county1 city1 town1 village1 or other general purpose political subdivision of a ,state4 #c4 ,findings ,congress finds the following3 7#a7 ,the right to contraception is a fundamental right1 central to an individual's privacy1 health1 well-being1 dignity1 liberty1 equality1 and ability to participate in the social and economic life of the ,nation4 7#b7 ,the ,supreme ,court has repeatedly recognized the constitutional right to contraception4 7#c7 ,in ,griswold v4 ,connecticut 7#cha ,u4,s4 #dgi 7#aife771 the ,supreme ,court first recognized the constitutional right for married people to use contraceptives4 7#d7 ,in ,eisenstadt v4 ,baird 7#dje ,u4,s4 #dch 7#aigb771 the ,supreme ,court confirmed the constitutional right of all people to legally access contraceptives regardless of marital status4 7#e7 ,in ,carey v4 ,population ,services ,international 7#dca ,u4,s4 #fgh 7#aigg771 the ,supreme ,court affirmed the constitutional right to contraceptives for minors4 7#f7 ,the right to contraception has been repeatedly recognized internationally as a human right4 ,the ,united ,nations ,population ,fund has published several reports outlining family planning as a basic human right that advances women's health1 economic empowerment1 and equality4 7#g7 ,access to contraceptives is internationally recognized by the ,world ,health ,organization as advancing other human rights such as the right to life1 liberty1 expression1 health1 work1 and education4 7#h7 ,contraception is safe1 essential health care1 and access to contraceptive products and services is central to people's ability to participate equally in economic and social life in the ,united ,states and globally4 ,contraception allows people to make decisions about their families and their lives4 7#i7 ,contraception is key to sexual and reproductive health4 ,contraception is critical to preventing unintended pregnancy1 and many contraceptives are highly effective in preventing and treating a wide array of medical conditions and decrease the risk of certain cancers4 7#aj7 ,contraception has been associated with improved health outcomes for women1 their families1 and their communities and reduces rates of maternal and infant mortality and morbidity4 7#aa7 ,the ,united ,states has a long history of reproductive coercion1 including the childbearing forced upon enslaved women1 as well as the forced sterilization of ,black women1 ,puerto ,rican women1 indigenous women1 immigrant women1 and disabled women1 and reproductive coercion continues to occur4 ,this history also includes the coercive testing of contraceptive pills on women and girls in ,puerto ,rico4 7#ab7 ,the right to make personal decisions about contraceptive use is important for all ,americans1 and is especially critical for historically marginalized groups1 including-- 7,a7 ,black1 indigenous1 and other people of color2 7,b7 immigrants2 7,c7 ,,lgbtq people2 7,d7 people with disabilities2 7,e7 people paid low wages2 and 7,f7 people living in rural and underserved areas4 7#ac7 ,many people who are part of the marginalized groups described in paragraph 7#ab7 already face barriers1 exacerbated by social1 political1 economic1 and environmental inequities1 to comprehensive health care1 including reproductive health care1 that reduce their ability to make decisions about their health1 families1 and lives4 7#ad7 ,state and ,federal policies governing pharmaceutical and insurance policies affect the accessibility of contraceptives and the settings in which contraception services are delivered4 7#ae7 ,people engage in interstate commerce to access contraception services4 7#af7 ,to provide contraception services1 health care providers employ and obtain commercial services from doctors1 nurses1 and other personnel who engage in interstate commerce and travel across ,state lines4 7#ag7 ,congress has the authority to enact this ,act to protect access to contraception pursuant to-- 7,a7 its powers under the ,commerce ,clause of section #h of article ,i of the ,constitution of the ,united ,states2 7,b7 its powers under section #e of the ,fourteenth ,amendment to the ,constitution of the ,united ,states to enforce the provisions of section #a of the ,fourteenth ,amendment2 and 7,c7 its powers under the necessary and proper clause of section #h of article ,i of the ,constitution of the ,united ,states4 7#ah7 ,congress has used its authority in the past to protect and expand access to contraception information1 products1 and services4 7#ai7 ,in #aigj1 ,congress established the family planning program under title ,x of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #cjj et seq471 the only ,federal grant program dedicated to family planning and related services1 providing access to information1 products1 and services for contraception4 7#bj7 ,in #aigb1 ,congress required the ,medicaid program to cover family planning services and supplies and the ,medicaid program currently accounts for #ge percent of ,federal funds spent on family planning4 7#ba7 ,in #bjaj1 ,congress enacted the ,patient ,protection and ,affordable ,care ,act 7,public ,law #aaa-adh7 7referred to in this section as the ,,aca74 ,among other provisions1 the ,,aca included provisions to expand the affordability and accessibility of contraception by requiring health insurance plans to provide coverage for preventive services with no patient cost-sharing4 7#bb7 ,states have tried to ban access to some or all contraceptives by restricting access to public funding for these products and services4 ,furthermore1 ,arkansas1 ,mississippi1 ,missouri1 and ,texas have infringed on people's ability to access their contraceptive care by violating the free choice of provider requirement under the ,medicaid program4 7#bc7 ,providers' refusals to offer contraceptives and information related to contraception based on their own personal beliefs impede patients from obtaining their preferred method of contraception1 with laws in #ab ,states as of the date of introduction of this ,act specifically allowing health care providers to refuse to provide services related to contraception4 7#bd7 ,states have attempted to define abortion expansively so as to include contraceptives in ,state bans on abortion and have also restricted access to emergency contraception4 7#be7 ,justice ,thomas1 in his concurring opinion in ,dobbs v4 ,jackson ,women's ,health ,organization 7#adb ,s4 ,ct4 #bbbh 7#bjbb771 stated that the ,supreme ,court should reconsider all of this ,court's substantive due process precedents1 including ,griswold1 ,lawrence1 and ,obergefell and that the ,court has a duty to correct the error established in those precedents by overruling them4 7#bf7 ,in order to further public health and to combat efforts to restrict access to reproductive health care1 congressional action is necessary to protect access to contraceptives1 contraception1 and information related to contraception for everyone1 regardless of actual or perceived race1 ethnicity1 sex 7including gender identity and sexual orientation71 income1 disability1 national origin1 immigration status1 or geography4 #d4 ,purposes ,the purposes of this ,act are-- 7#a7 to provide a clear and comprehensive right to contraception2 7#b7 to permit individuals to seek and obtain contraceptives and engage in contraception1 and to permit health care providers to facilitate that care2 and 7#c7 to protect an individual's ability to make decisions about their body1 medical care1 family1 and life's course1 and thereby protect the individual's ability to participate equally in the economic and social life of the ,united ,states4 #e4 ,permitted services 7a7 ,in general ,an individual has a statutory right under this ,act to obtain contraceptives and to voluntarily engage in contraception1 free from coercion1 and a health care provider has a corresponding right to provide contraceptives1 contraception1 and information1 referrals1 and services related to contraception4 7b7 ,limitations or requirements ,the statutory rights specified in subsection 7a7 shall not be limited or otherwise infringed through any limitation or requirement that-- 7#a7 expressly1 effectively1 implicitly1 or as-implemented singles out-- 7,a7 the provision of contraceptives1 contraception1 or contraception-related information2 7,b7 health care providers who provide contraceptives1 contraception1 or contraception-related information2 or 7,c7 facilities in which contraceptives1 contraception1 or contraception-related information is provided2 and 7#b7 impedes access to contraceptives1 contraception1 or contraception-related information4 7c7 ,exception ,to defend against a claim that a limitation or requirement violates a health care provider's or individual's statutory rights under subsection 7b71 a party must establish1 by clear and convincing evidence1 that-- 7#a7 the limitation or requirement significantly advances access to contraceptives1 contraception1 and information related to contraception2 and 7#b7 access to contraceptives1 contraception1 and information related to contraception or the health of patients cannot be advanced by a less restrictive alternative measure or action4 7d7 ,rule of construction ,nothing in this section shall be construed to limit the authority of the ,secretary of ,health and ,human ,services1 acting through the ,commissioner of ,food and ,drugs1 to approve1 clear1 authorize1 or license contraceptives under section #eje1 #eaj7k71 #eac7;f77#b71 #eae1 or #efd of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cee1 #cfj7k71 #cfj;c7f77#b71 #cfj;e1 #cfj;bbb-#c7 or section #cea of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bfb71 or for the ,federal ,government to enforce such approval1 clearance1 authorization1 or licensure4 #f4 ,applicability and preemption 7a7 ,general application 7#a7 ,in general ,except as provided in subsection 7c71 this ,act supersedes and applies to the law of the ,federal ,government and each ,state1 and the implementation of such law1 whether statutory1 common law1 or otherwise1 and whether adopted before or after the date of enactment of this ,act4 7#b7 ,prohibition ,neither the ,federal ,government nor any ,state may administer1 implement1 or enforce any law1 rule1 regulation1 standard1 or other provision having the force and effect of law in a manner that-- 7,a7 prohibits or restricts the sale1 provision1 or use of any contraceptives2 7,b7 prohibits or restricts any individual from aiding another individual in voluntarily obtaining or using any contraceptives or contraceptive methods2 or 7,c7 exempts any contraceptives or contraceptive methods from any other generally applicable law in a way that would make it more difficult to sell1 provide1 obtain1 or use such contraceptives or contraceptive methods4 7#c7 ,relationship with other laws ,this ,act applies notwithstanding any other provision of ,federal law1 including the ,religious ,freedom ,restoration ,act of #aiic 7#db ,u4,s4,c4 #bjjj;bb et seq474 7b7 ,subsequently enacted ,federal legislation ,federal law enacted after the date of enactment of this ,act is subject to this ,act1 unless such law explicitly excludes such application by reference to this ,act4 7c7 ,limitations ,the provisions of this ,act shall not supersede or otherwise affect any provision of ,federal law relating to coverage under 7and shall not be construed as requiring the provision of specific benefits under7 group health plans or group or individual health insurance coverage or coverage under a ,federal health care program 7as defined in section #aabh;,b7f7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acbj;a-#g;b7f7771 including coverage provided under section #aije7;a77#d77;,c7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;d7a77#d77;,c77 and section #bgac of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #cjj;gg-#ac74 7d7 ,defense ,in any cause of action against an individual or entity who is subject to a limitation or requirement that violates this ,act1 in addition to the remedies specified in section #h1 this ,act shall also apply to1 and may be raised as a defense by1 such an individual or entity4 7e7 ,effective date ,this ,act shall take effect immediately upon the date of enactment of this ,act4 #g4 ,rules of construction 7a7 ,in general ,in interpreting the provisions of this ,act1 a court shall liberally construe such provisions to effectuate the purposes described in section #d4 7b7 ,rule of construction ,nothing in this ,act shall be construed-- 7#a7 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 contraception2 or 7#b7 to permit or sanction the conduct of any sterilization procedure without the patient's voluntary and informed consent4 7c7 ,other individuals considered as government officials ,any individual who1 by operation of a provision of ,federal or ,state law1 is permitted to implement or enforce a limitation or requirement that violates section #e shall be considered a government official for purposes of this ,act4 #h4 ,enforcement 7a7 ,attorney ,general ,the ,attorney ,general may commence a civil action on behalf of the ,united ,states against any ,state that violates1 or against any government official 7including an individual described in section #g7;c77 that implements or enforces a limitation or requirement that violates1 section #e4 ,the court shall hold unlawful and set aside the limitation or requirement if it is in violation of this ,act4 7b7 ,private right of action 7#a7 ,in general ,any individual or entity1 including any health care provider or patient1 adversely affected by an alleged violation of this ,act1 may commence a civil action against any ,state that violates1 or against any government official 7including an individual described in section #g7;c77 that implements or enforces a limitation or requirement that violates1 section #e4 ,the court shall hold unlawful and set aside the limitation or requirement if it is in violation of this ,act4 7#b7 ,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 this ,act4 7c7 ,equitable relief ,in any action under this section1 the court may award appropriate equitable relief1 including temporary1 preliminary1 and permanent injunctive relief4 7d7 ,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 7e7 ,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 law4 7f7 ,abrogation of ,state immunity ,neither a ,state that enforces or maintains1 nor a government official 7including an individual described in section #g7;c77 who is permitted to implement or enforce any limitation or requirement that violates section #e 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 #i4 ,severability ,if any provision of this ,act1 or the application of such provision to any individual1 entity1 government1 or circumstance1 is held to be unconstitutional1 the remainder of this ,act1 or the application of such provision to all other individuals1 entities1 governments1 or circumstances1 shall not be affected thereby4