119-hr999

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 999 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 999

 To protect an individual's ability to access contraceptives and to 
engage in contraception and to protect a health care providers ability 
 to provide contraceptives, contraception, and information related to 
 contraception.

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 February 5, 2025

 Mrs. Fletcher (for herself, Ms. Williams of Georgia, Ms. Craig, Ms. 
 Jacobs, Ms. Adams, Mr. Aguilar, Mr. Amo, Ms. Ansari, Mr. Auchincloss, 
 Ms. Balint, Ms. Barragan, Mrs. Beatty, Mr. Bell, Mr. Bera, Mr. Beyer, 
 Ms. Bonamici, Mr. Boyle of Pennsylvania, Ms. Brown, Ms. Brownley, Ms. 
 Budzinski, Ms. Bynum, Mr. Carbajal, Mr. Carson, Mr. Carter of 
Louisiana, Mr. Casar, Mr. Case, Mr. Casten, Ms. Castor of Florida, Mr. 
 Castro of Texas, Mrs. Cherfilus-McCormick, Ms. Chu, Mr. Cisneros, Ms. 
 Clark of Massachusetts, Ms. Clarke of New York, Mr. Cleaver, Mr. 
 Clyburn, Mr. Cohen, Mr. Conaway, Mr. Connolly, Mr. Correa, Mr. Costa, 
 Ms. Crockett, Mr. Crow, Ms. Davids of Kansas, Mr. Davis of Illinois, 
 Ms. Dean of Pennsylvania, Ms. DeGette, Ms. DeLauro, Ms. DelBene, Mr. 
 Deluzio, Mr. DeSaulnier, Ms. Dexter, Mrs. Dingell, Mr. Doggett, Ms. 
 Elfreth, Ms. Escobar, Mr. Espaillat, Mr. Evans of Pennsylvania, Mr. 
 Foster, Mrs. Foushee, Mr. Figures, Ms. Lois Frankel of Florida, Ms. 
 Friedman, Mr. Frost, Mr. Garamendi, Mr. Garcia of California, Ms. 
 Garcia of Texas, Mr. Garcia of Illinois, Ms. Gillen, Ms. Perez, Mr. 
 Golden of Maine, Mr. Goldman of New York, Mr. Gomez, Ms. Goodlander, 
 Mr. Gottheimer, Mr. Green of Texas, Mrs. Hayes, Mr. Himes, Mr. 
 Horsford, Ms. Houlahan, Mr. Hoyer, Ms. Hoyle of Oregon, Mr. Huffman, 
 Mr. Ivey, Ms. Jayapal, Ms. Johnson of Texas, Mr. Johnson of Georgia, 
Ms. Kamlager-Dove, Ms. Kaptur, Mr. Keating, Ms. Kelly of Illinois, Mr. 
Krishnamoorthi, Mr. Landsman, Mr. Larson of Connecticut, Mr. Larsen of 
 Washington, Mr. Latimer, Ms. Lee of Pennsylvania, Ms. Lee of Nevada, 
Ms. Leger Fernandez, Mr. Levin, Mr. Liccardo, Mr. Lieu, Mr. Magaziner, 
 Mr. Mannion, Ms. Matsui, Mrs. McBath, Ms. McBride, Mrs. McClain 
Delaney, Ms. McClellan, Ms. McCollum, Ms. McDonald Rivet, Mr. McGarvey, 
 Mr. McGovern, Mrs. McIver, Mr. Meeks, Mr. Menendez, Ms. Meng, Mr. 
Mfume, Mr. Min, Ms. Moore of Wisconsin, Mr. Morelle, Ms. Morrison, Mr. 
 Moskowitz, Mr. Moulton, Mr. Mrvan, Mr. Mullin, Mr. Nadler, Mr. Neal, 
Mr. Neguse, Mr. Norcross, Ms. Norton, Ms. Ocasio-Cortez, Mr. Olszewski, 
 Ms. Omar, Mr. Pallone, Mr. Panetta, Ms. Pelosi, Mr. Peters, Ms. 
Pettersen, Ms. Pingree, Ms. Plaskett, Mr. Pocan, Ms. Pou, Ms. Pressley, 
 Mr. Quigley, Mrs. Ramirez, Ms. Randall, Mr. Raskin, Ms. Rivas, Ms. 
 Ross, Mr. Ruiz, Mr. Ryan, Ms. Salinas, Ms. Sanchez, Ms. Scanlon, Ms. 
 Schakowsky, Mr. Schneider, Ms. Scholten, Ms. Schrier, Mr. Scott of 
 Virginia, Mr. David Scott of Georgia, Ms. Sewell, Mr. Sherman, Ms. 
 Sherrill, Ms. Simon, Mr. Smith of Washington, Mr. Sorensen, Mr. Soto, 
 Ms. Stansbury, Mr. Stanton, Ms. Stevens, Ms. Strickland, Mr. 
 Subramanyam, Mr. Swalwell, Mrs. Sykes, Mr. Takano, Mr. Thanedar, Mr. 
 Thompson of California, Mr. Thompson of Mississippi, Ms. Titus, Ms. 
Tlaib, Ms. Tokuda, Mr. Tonko, Mrs. Torres of California, Mr. Torres of 
 New York, Mrs. Trahan, Mr. Tran, Mr. Turner of Texas, Ms. Underwood, 
 Mr. Vargas, Mr. Vasquez, Mr. Veasey, Ms. Velazquez, Mr. Vindman, Ms. 
 Wasserman Schultz, Ms. Waters, Mrs. Watson Coleman, Ms. Wilson of 
 Florida, Mr. Lynch, Mr. Courtney, Mr. Kennedy of New York, and Ms. 
 Lofgren) introduced the following bill; which was referred to the 
 Committee on Energy and Commerce

_______________________________________________________________________

 A BILL

 To protect an individual's ability to access contraceptives and to 
engage in contraception and to protect a health care providers 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, and each territory and possession of the United States, 
 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. FINDINGS.

 Congress finds the following:

    (1) The right to contraception is a fundamental right, 
 central to an individual's privacy, health, well-being, 
 dignity, liberty, equality, and ability to participate in the 
 social and economic life of the Nation.

    (2) The Supreme Court has repeatedly recognized the 
 constitutional right to contraception.

    (3) In Griswold v. Connecticut (381 U.S. 479

    (1965) ), the 
 Supreme Court first recognized the constitutional right for 
 married people to use contraceptives.

    (4) In Eisenstadt v. Baird (405 U.S. 438

    (1972) ), the 
 Supreme Court confirmed the constitutional right of all people 
 to legally access contraceptives regardless of marital status.

    (5) In Carey v. Population Services International (431 U.S. 
 678

    (1977) ), the Supreme Court affirmed the constitutional 
 right to contraceptives for minors.

    (6) The right to contraception has been repeatedly 
 recognized internationally as a human right. The United Nations 
 Population Fund has published several reports outlining family 
 planning as a basic human right that advances women's health, 
 economic empowerment, and equality.

    (7) Access to contraceptives is internationally recognized 
 by the World Health Organization as advancing other human 
 rights such as the right to life, liberty, expression, health, 
 work, and education.

    (8) Contraception is safe, essential health care, 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 globally. Contraception allows 
 people to make decisions about their families and their lives.

    (9) Contraception is key to sexual and reproductive health. 
 Contraception is critical to preventing unintended pregnancy, 
 and many contraceptives are highly effective in preventing and 
 treating a wide array of medical conditions and decrease the 
 risk of certain cancers.

    (10) Contraception has been associated with improved health 
 outcomes for women, their families, and their communities and 
 reduces rates of maternal and infant mortality and morbidity.

    (11) The United States has a long history of reproductive 
 coercion, including the childbearing forced upon enslaved 
 women, as well as the forced sterilization of Black women, 
 Puerto Rican women, indigenous women, immigrant women, and 
 disabled women, and reproductive coercion continues to occur. 
 This history also includes the coercive testing of 
 contraceptive pills on women and girls in Puerto Rico.

    (12) The right to make personal decisions about 
 contraceptive use is important for all Americans, and is 
 especially critical for historically marginalized groups, 
 including Black, indigenous, and other people of color; 
 immigrants; LGBTQ+ people; people with disabilities; people 
 paid low wages; and people living in rural and underserved 
 areas.

    (13) Many people who are part of the marginalized groups 
 described in paragraph

    (12) already face barriers, exacerbated 
 by social, political, economic, and environmental inequities, 
 to comprehensive health care, including reproductive health 
 care, that reduce their ability to make decisions about their 
 health, families, and lives.

    (14) State and Federal policies governing pharmaceutical 
 and insurance policies affect the accessibility of 
 contraceptives and the settings in which contraception services 
 are delivered.

    (15) People engage in interstate commerce to access 
 contraception services.

    (16) To provide contraception services, health care 
 providers employ and obtain commercial services from doctors, 
 nurses, and other personnel who engage in interstate commerce 
 and travel across State lines.

    (17) Congress has the authority to enact this Act to 
 protect access to contraception pursuant to--
        (A) its powers under the Commerce Clause of 

section 8 of article I of the Constitution of the United 
 States;
        (B) its powers under 

section 5 of the Fourteenth 
 Amendment to the Constitution of the United States to 
 enforce the provisions of 

section 1 of the Fourteenth 
 Amendment; and
            (C) its powers under the necessary and proper 
 clause of 

section 8 of article I of the Constitution of 
 the United States.

    (18) Congress has used its authority in the past to protect 
 and expand access to contraception information, products, and 
 services.

    (19) In 1970, Congress established the family planning 
 program under title X of the Public Health Service Act (42 
 U.S.C. 300 et seq.), the only Federal grant program dedicated 
 to family planning and related services, providing access to 
 information, products, and services for contraception.

    (20) In 1972, Congress required the Medicaid program to 
 cover family planning services and supplies and the Medicaid 
 program currently accounts for 75 percent of Federal funds 
 spent on family planning.

    (21) In 2010, Congress enacted the Patient Protection and 
 Affordable Care Act (Public Law 111-148) (referred to in this 
 section as the ``ACA''). Among other provisions, 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-sharing.

    (22) States tried have tried to ban access to some or all 
 contraceptives by restricting access to public funding for 
 these products and services. Furthermore, Arkansas, 
 Mississippi, Missouri, and Texas have infringed on people's 
 ability to access their contraceptive care by violating the 
 free choice of provider requirement under the Medicaid program.

    (23) Providers' refusals to offer contraceptives and 
 information related to contraception based on their own 
 personal beliefs impede patients from obtaining their preferred 
 method of contraception, with laws in 12 States as of the date 
 of introduction of this Act specifically allowing health care 
 providers to refuse to provide services related to 
 contraception.

    (24) States have attempted to define abortion expansively 
 so as to include contraceptives in State bans on abortion and 
 have also restricted access to emergency contraception.

    (25) Justice Thomas, in his concurring opinion in Dobbs v. 
 Jackson Women's Health Organization (142 S. Ct. 2228

    (2022) ), 
 stated that the Supreme Court ``should reconsider all of this 
 Court's substantive due process precedents, including Griswold, 
 Lawrence, and Obergefell'' and that the Court has ``a duty to 
 correct the error established in those precedents'' by 
 overruling them.

    (26) In order to further public health and to combat 
 efforts to restrict access to reproductive health care, 
 congressional action is necessary to protect access to 
 contraceptives, contraception, and information related to 
 contraception for everyone, regardless of actual or perceived 
 race, ethnicity, sex (including gender identity and sexual 
 orientation), income, disability, national origin, immigration 
 status, or geography.

SEC. 4. 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. 5. 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. 6. 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 as defined in 

section 2

    (2) ;
        (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 8, 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. 7. 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 4.

    (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 5 shall be considered a government official for 
purposes of this Act.

SEC. 8. 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 7
            (c) ) that implements or enforces a limitation or 
requirement that violates, 

section 5. 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 7
            (c) ) 
 that implements or enforces a limitation or requirement that 
 violates, 

section 5. 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 7
            (c) ) who is permitted to implement or enforce any 
limitation or requirement that violates 

section 5 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. 9. 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.
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