Right to Contraception Act
Sponsored By: Senator Markey, Edward J. [D-MA]
Introduced
Summary
This bill would create a federal guarantee of the right to obtain contraception and protect health care providers who offer contraceptives, related information, referrals, and services.
Show full summary
- Individuals and families could obtain contraceptives and receive information or referrals without new federal or state restrictions stated in the bill. The protection expressly covers people regardless of income, race, sex, gender identity, sexual orientation, disability, immigration status, or location.
- Health care providers would be protected when they prescribe, dispense, counsel about, or refer for contraceptives. The bill preserves the Food and Drug Administration's authority over approval, clearance, authorization, and licensure of contraceptives.
- The law would preempt state and federal laws that restrict the sale, provision, or use of contraceptives while keeping certain federal coverage requirements intact. It establishes enforcement through private lawsuits and actions by the Attorney General in federal court, including injunctive relief and possible recovery of attorney's fees.
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Bill Overview
Analyzed Economic Effects
4 provisions identified: 4 benefits, 0 costs, 0 mixed.
Stronger contraceptive rights and enforcement
If enacted, the bill would bar federal and state rules that ban or limit the sale, use, or provision of contraceptives. If enacted, it would also bar rules that stop people from helping others get contraception or that single out providers or clinics. If enacted, the Attorney General and harmed individuals or providers could sue in federal court to stop violating rules. If enacted, courts could order injunctions and must award reasonable lawyer fees to winners.
Clear definitions for contraception and providers
If enacted, the bill would define "contraception" to include drugs, devices, fertility-awareness methods, and sterilization. If enacted, it would define "contraceptive" to mean products approved, cleared, authorized, or licensed under specified FDA and Public Health Service law. If enacted, it would define "health care provider" broadly and list common provider types and which government units count as States.
Federal preemption and agency authority
If enacted, the bill would say it overrides conflicting state and federal rules unless the Act itself preserves them. If enacted, certain federal coverage rules for group health plans and federal programs would remain in force. If enacted, the bill would not limit HHS or FDA authority to approve, clear, authorize, or license contraceptives or the federal government's power to enforce those approvals.
Act takes effect immediately
If enacted, the bill would take effect immediately on the date it is signed. If enacted, its prohibitions, definitions, and enforcement rules would apply right away.
Sponsors & CoSponsors
Sponsor
Markey, Edward J. [D-MA]
MA • D
Cosponsors
Sen. Duckworth, Tammy [D-IL]
IL • D
Sponsored 2/5/2025
Sen. Hirono, Mazie K. [D-HI]
HI • D
Sponsored 2/5/2025
Sen. Baldwin, Tammy [D-WI]
WI • D
Sponsored 2/5/2025
Sen. Bennet, Michael F. [D-CO]
CO • D
Sponsored 2/5/2025
Sen. Blumenthal, Richard [D-CT]
CT • D
Sponsored 2/5/2025
Sen. Booker, Cory A. [D-NJ]
NJ • D
Sponsored 2/5/2025
Sen. Blunt Rochester, Lisa [D-DE]
DE • D
Sponsored 2/5/2025
Sen. Cantwell, Maria [D-WA]
WA • D
Sponsored 2/5/2025
Sen. Coons, Christopher A. [D-DE]
DE • D
Sponsored 2/5/2025
Sen. Cortez Masto, Catherine [D-NV]
NV • D
Sponsored 2/5/2025
Sen. Durbin, Richard J. [D-IL]
IL • D
Sponsored 2/5/2025
Sen. Gallego, Ruben [D-AZ]
AZ • D
Sponsored 2/5/2025
Sen. Gillibrand, Kirsten E. [D-NY]
NY • D
Sponsored 2/5/2025
Sen. Heinrich, Martin [D-NM]
NM • D
Sponsored 2/5/2025
John Hickenlooper
CO • D
Sponsored 2/5/2025
Sen. Kaine, Tim [D-VA]
VA • D
Sponsored 2/5/2025
Sen. Kim, Andy [D-NJ]
NJ • D
Sponsored 2/5/2025
Amy Klobuchar
MN • D
Sponsored 2/5/2025
Sen. Merkley, Jeff [D-OR]
OR • D
Sponsored 2/5/2025
Sen. Murphy, Christopher [D-CT]
CT • D
Sponsored 2/5/2025
Sen. Murray, Patty [D-WA]
WA • D
Sponsored 2/5/2025
Sen. Ossoff, Jon [D-GA]
GA • D
Sponsored 2/5/2025
Sen. Padilla, Alex [D-CA]
CA • D
Sponsored 2/5/2025
Gary Peters
MI • D
Sponsored 2/5/2025
Sen. Reed, Jack [D-RI]
RI • D
Sponsored 2/5/2025
Sen. Rosen, Jacky [D-NV]
NV • D
Sponsored 2/5/2025
Sen. Sanders, Bernard [I-VT]
VT • I
Sponsored 2/5/2025
Sen. Schatz, Brian [D-HI]
HI • D
Sponsored 2/5/2025
Sen. Shaheen, Jeanne [D-NH]
NH • D
Sponsored 2/5/2025
Elissa Slotkin
MI • D
Sponsored 2/5/2025
Sen. Smith, Tina [D-MN]
MN • D
Sponsored 2/5/2025
Sen. Van Hollen, Chris [D-MD]
MD • D
Sponsored 2/5/2025
Sen. Warner, Mark R. [D-VA]
VA • D
Sponsored 2/5/2025
Raphael Warnock
GA • D
Sponsored 2/5/2025
Sen. Warren, Elizabeth [D-MA]
MA • D
Sponsored 2/5/2025
Peter Welch
VT • D
Sponsored 2/5/2025
Sen. Whitehouse, Sheldon [D-RI]
RI • D
Sponsored 2/5/2025
Sen. Wyden, Ron [D-OR]
OR • D
Sponsored 2/5/2025
Sen. Fetterman, John [D-PA]
PA • D
Sponsored 2/5/2025
Sen. Luján, Ben Ray [D-NM]
NM • D
Sponsored 2/12/2025
Sen. Alsobrooks, Angela D. [D-MD]
MD • D
Sponsored 6/12/2025
Roll Call Votes
No roll call votes available for this bill.
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