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S. 4381

BillFederalSenatePassed Senate
Right to Contraception Act
About This Bill
Passed
Latest Action · June 5, 2024
Motion to table the motion to proceed to the measure agreed to in Senate by Voice Vote.
Congress
118th (2023–2025)
Introduced
May 21, 2024
Cosponsors (50)
47D 0R
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Summary

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The Right to Contraception Act establishes a federal statutory right for individuals to obtain contraceptives and engage in contraception without government interference, while also protecting health care providers' ability to prescribe, dispense, and provide information about contraception. The bill covers a broad range of methods, including drugs, devices, and biological products approved by the FDA for pregnancy prevention, as well as sterilization procedures and fertility-awareness methods. It prohibits federal and state governments from enacting or enforcing laws that restrict access to contraceptives or single out contraception-related care for special limitations, unless the government can prove by clear and convincing evidence that such restrictions significantly advance access and that no less restrictive alternative exists. The law would apply nationwide, overriding conflicting state and federal laws, including the Religious Freedom Restoration Act, though it does not require any changes to health insurance coverage requirements. It allows the U.S. Attorney General, health care providers, and affected individuals to sue states or officials that violate these protections, with courts able to award injunctive relief, legal costs, and attorney's fees to prevailing plaintiffs, and it takes effect immediately upon enactment.

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