S422119th CongressWALLET

Right to Contraception Act

Sponsored By: Senator Edward Markey

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.

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

Edward Markey

MA • D

Cosponsors

  • Tammy Duckworth

    IL • D

    Sponsored 2/5/2025

  • Mazie Hirono

    HI • D

    Sponsored 2/5/2025

  • Tammy Baldwin

    WI • D

    Sponsored 2/5/2025

  • Michael Bennet

    CO • D

    Sponsored 2/5/2025

  • Richard Blumenthal

    CT • D

    Sponsored 2/5/2025

  • Cory Booker

    NJ • D

    Sponsored 2/5/2025

  • Lisa Blunt Rochester

    DE • D

    Sponsored 2/5/2025

  • Maria Cantwell

    WA • D

    Sponsored 2/5/2025

  • Christopher Coons

    DE • D

    Sponsored 2/5/2025

  • Catherine Cortez Masto

    NV • D

    Sponsored 2/5/2025

  • Richard Durbin

    IL • D

    Sponsored 2/5/2025

  • Ruben Gallego

    AZ • D

    Sponsored 2/5/2025

  • Kirsten Gillibrand

    NY • D

    Sponsored 2/5/2025

  • Martin Heinrich

    NM • D

    Sponsored 2/5/2025

  • John Hickenlooper

    CO • D

    Sponsored 2/5/2025

  • Timothy Kaine

    VA • D

    Sponsored 2/5/2025

  • Andy Kim

    NJ • D

    Sponsored 2/5/2025

  • Amy Klobuchar

    MN • D

    Sponsored 2/5/2025

  • Jeff Merkley

    OR • D

    Sponsored 2/5/2025

  • Christopher Murphy

    CT • D

    Sponsored 2/5/2025

  • Patty Murray

    WA • D

    Sponsored 2/5/2025

  • Jon Ossoff

    GA • D

    Sponsored 2/5/2025

  • Alex Padilla

    CA • D

    Sponsored 2/5/2025

  • Gary Peters

    MI • D

    Sponsored 2/5/2025

  • John Reed

    RI • D

    Sponsored 2/5/2025

  • Jacky Rosen

    NV • D

    Sponsored 2/5/2025

  • Bernie Sanders

    VT • I

    Sponsored 2/5/2025

  • Brian Schatz

    HI • D

    Sponsored 2/5/2025

  • Jeanne Shaheen

    NH • D

    Sponsored 2/5/2025

  • Elissa Slotkin

    MI • D

    Sponsored 2/5/2025

  • Tina Smith

    MN • D

    Sponsored 2/5/2025

  • Chris Van Hollen

    MD • D

    Sponsored 2/5/2025

  • Mark Warner

    VA • D

    Sponsored 2/5/2025

  • Raphael Warnock

    GA • D

    Sponsored 2/5/2025

  • Elizabeth Warren

    MA • D

    Sponsored 2/5/2025

  • Peter Welch

    VT • D

    Sponsored 2/5/2025

  • Sheldon Whitehouse

    RI • D

    Sponsored 2/5/2025

  • Ron Wyden

    OR • D

    Sponsored 2/5/2025

  • John Fetterman

    PA • D

    Sponsored 2/5/2025

  • Sen. Luján, Ben Ray [D-NM]

    NM • D

    Sponsored 2/12/2025

  • Angela Alsobrooks

    MD • D

    Sponsored 6/12/2025

Roll Call Votes

No roll call votes available for this bill.

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