H.R. 8373House117th Congress (2021-2023)Passed House

Right to Contraception Act

Introduced July 14, 2022

AI-Generated Summary

Updated February 8, 2026 at 4:37 PM UTC

The Right to Contraception Act creates a federal statutory right for anyone in the United States to obtain contraceptives and for health‑care providers to offer them and related information. It overrides any state or federal rule that singles out or impedes access to contraception, unless the rule can show, by clear and convincing evidence, that it significantly improves access and has no less restrictive alternative. The law gives the Attorney General and private parties the ability to sue states or officials that enforce such restrictions, and it takes effect immediately upon enactment.

Key Provisions

  • Defines “contraception” and “contraceptive” and clarifies who counts as a health‑care provider and what entities are considered government.
  • Establishes a federal right for individuals to obtain contraceptives and for providers to supply them, prohibiting any law that targets or hinders that right.
  • Allows an exception only if a limitation can prove, by clear and convincing evidence, that it greatly advances access and no less restrictive means exist.
  • Preempts any conflicting state or federal law, including those under the Religious Freedom Restoration Act, and applies to future federal legislation unless expressly excluded.
  • Authorizes the Attorney General and any affected individual or entity to bring civil actions against states or officials that enforce violating restrictions, with courts able to issue injunctive relief and award attorney’s fees; the act is effective immediately.

Legislative Activity

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14 earlier actions
SenateIntro Referral Latest Action

Received in the Senate.

July 21, 2022

View full timeline
HouseIntro Referral

Introduced in House

July 14, 2022

HouseIntro Referral

Referred to the House Committee on Energy and Commerce.

July 14, 2022

HouseIntro Referral

Sponsor introductory remarks on measure. (CR H6628)

July 15, 2022

HouseFloor

Rules Committee Resolution H. Res. 1232 Reported to House. Rule provides for consideration of H.R. 8294, H.R. 8373 and H.R. 8404. Provides for one of hour of general debate on each bill as well as one motion to recommit. Amendments are made in order. Resolution also provides for en bloc suspension authority. H. Res. 1230 is considered adopted.

July 19, 2022 • 9:48 AM

HouseFloor

Considered under the provisions of rule H. Res. 1232. (consideration: CR H6927-6940)

July 21, 2022 • 9:20 AM

HouseFloor

Rule provides for consideration of H.R. 8294, H.R. 8373 and H.R. 8404. Provides for one of hour of general debate on each bill as well as one motion to recommit. Amendments are made in order. Resolution also provides for en bloc suspension authority. H. Res. 1230 is considered adopted.

July 21, 2022 • 9:20 AM

HouseFloor

DEBATE - The House proceeded with one hour of debate on H.R. 8373.

July 21, 2022 • 9:20 AM

HouseFloor

The previous question was ordered pursuant to the rule.

July 21, 2022 • 10:49 AM

HouseFloor

Mrs. Hinson moved to recommit to the Committee on Energy and Commerce. (text: CR H6939)

July 21, 2022 • 10:49 AM

HouseFloor

The previous question on the motion to recommit was ordered pursuant to clause 2(b) of rule XIX.

July 21, 2022 • 10:49 AM

HouseFloor

On motion to recommit Failed by the Yeas and Nays: 190 - 234 (Roll no. 384).

July 21, 2022 • 11:33 AM

HouseFloor

Passed/agreed to in House: On passage Passed by the Yeas and Nays: 228 - 195, 2 Present (Roll no. 385).

July 21, 2022 • 11:47 AM

HouseFloor

On passage Passed by the Yeas and Nays: 228 - 195, 2 Present (Roll no. 385). (text: CR H6927-6928)

July 21, 2022 • 11:47 AM

HouseFloor

Motion to reconsider laid on the table Agreed to without objection.

July 21, 2022 • 11:47 AM

SenateIntro Referral

Received in the Senate.

July 21, 2022

Floor Debate

23 members

What members said about H.R. 8373 on the floor

12 Republicans11 Democrats
Mary Gay Scanlon
Rep. Mary Gay ScanlonD-PA-5 · Jul 19, 2022

Madam Speaker, by direction of the Committee on Rules, I call up House Resolution 1232 and ask for its immediate consideration. Madam Speaker, for the purpose of debate only, I yield the customary 30…

Guy Reschenthaler
Rep. Guy ReschenthalerR-PA-14 · Jul 19, 2022

Madam Speaker, I thank the distinguished gentlewoman from my home State of Pennsylvania for yielding me the customary 30 minutes, and I yield myself such time as I may consume. Madam Speaker, the…

Steve Scalise
Rep. Steve ScaliseR-LA-1 · Jul 15, 2022

Madam Speaker, I rise for the purpose of inquiring to the House majority whip the schedule for next week. Madam Speaker, I yield to the gentleman from South Carolina (Mr. Clyburn), the majority whip…

Sheila Jackson Lee
Rep. Sheila Jackson LeeD-TX-18 · Jul 21, 2022

Madam Speaker, my friends on the other side of the aisle must have amnesia. You know why we are on this floor today? Because of the Dobbs case from a runaway Supreme Court, dominated by Members who…

Cathy McMorris Rodgers
Rep. Cathy McMorris RodgersR-WA-5 · Jul 21, 2022

Madam Speaker, I yield myself such time as I may consume. Madam Speaker, I rise in opposition to H.R. 8373. Every woman's potential journey to motherhood is different, and I support their access to…

Show 8 more
Frank Pallone, Jr.
Rep. Frank Pallone, Jr.D-NJ-6 · Jul 21, 2022

Mr. Speaker, pursuant to House Resolution 1232, I call up the bill (H.R. 8373) to protect a person's ability to access contraceptives and to engage in contraception, and to protect a health care…

Nancy Pelosi
Rep. Nancy PelosiD-CA-12 · Jul 21, 2022

Madam Speaker, I thank the gentleman for yielding. I know that your committee, Energy and Commerce, has a full legislative load, and you prioritized this and made the time so that we could bring this…

Mike Johnson
Rep. Mike JohnsonR-LA-4 · Jul 19, 2022

Madam Speaker, I am grateful for the opportunity. I thank the gentleman from Pennsylvania for handling the rule and highlighting this very important issue. As he said, if the previous question is…

James E. Clyburn
Rep. James E. ClyburnD-SC-6 · Jul 15, 2022

Madam Speaker, I thank the gentleman for yielding. On Monday, the House will meet at 12 p.m. for morning hour and 2 p.m. for legislative business, with votes postponed until 6:30 p.m. On Tuesday and…

Mariannette Miller-Meeks
Rep. Mariannette Miller-MeeksR-IA-2 · Jul 21, 2022

Madam Speaker, I rise today in support of the Allowing Greater Access to Safe and Effective Contraception Act and against H.R. 8373. My colleague, Dr. Michael Burgess, has listed its many flaws, and…

Steny H. Hoyer
Rep. Steny H. HoyerD-MD-5 · Jul 21, 2022

Madam Speaker, I thank the gentleman for yielding. I have three daughters. They are all adults. They are all amazed that we are here debating this issue. The ranking member said, me too; obviously,…

Stacey E. Plaskett
Rep. Stacey E. PlaskettD-VI · Jul 20, 2022

Madam Speaker, the United States Supreme Court decision in Dobbs v. Jackson Women's Health Organization to uphold the Mississippi Gestational Age Act and overrule the Court's prior decision in Roe v.…

Kat Cammack
Rep. Kat CammackR-FL-3 · Jul 21, 2022

Madam Speaker, I rise today in opposition to H.R. 8373, the right to deception act. First, this bill is completely unnecessary. In no way, shape, or form is access to contraception limited or at risk…

Show 11 more
Michael C. Burgess
Rep. Michael C. BurgessR-TX-26 · Jul 21, 2022

Madam Speaker, I thank the gentlewoman from Washington for yielding. While practicing medicine for over 30 years back in Texas, I personally prescribed a lot of contraceptives. I have seen the…

Sheila Jackson Lee
Rep. Sheila Jackson LeeD-TX-18 · Jul 19, 2022

Madam Speaker, let me rise in support of and with rebuttal to my good friend, my other good friend from Pennsylvania. It is well-known that the appropriations process is an investment in America, and…

Ashley Hinson
Rep. Ashley HinsonR-IA-1 · Jul 21, 2022

Madam Speaker, I rise today to present a reasonable solution to a challenge that millions of American women face: access to birth control. Seventy percent of women aged 18 to 64 reported using oral…

Kathy E. Manning
Rep. Kathy E. ManningD-NC-6 · Jul 21, 2022

Madam Speaker, I thank the chairman for yielding. Madam Speaker, I rise in support of my bill, the Right to Contraception Act. It seems unbelievable that in the year 2022, we should have to explain…

Beth Van Duyne
Rep. Beth Van DuyneR-TX-24 · Jul 21, 2022

Madam Speaker, I rise today to adamantly oppose H.R. 8373, the payouts for Planned Parenthood act, a poorly drafted and loosely defined bill that would be detrimental to women's health and send…

Deborah K. Ross
Rep. Deborah K. RossD-NC-2 · Jul 19, 2022

Madam Speaker, I rise today to discuss the urgent need to protect access to contraception. Just a few weeks ago, the Supreme Court's decision in Dobbs v. Jackson Women's Health Organization stripped…

Sylvia R. Garcia
Rep. Sylvia R. GarciaD-TX-29 · Jul 19, 2022

Madam Speaker, it has been interesting to listen to the debate. I feel like it is a rerun of the Judiciary Committee, which we all serve on. I think we should tell the folks across the aisle to just…

Sara Jacobs
Rep. Sara JacobsD-CA-53 · Jul 21, 2022

Madam Speaker, I thank the chairman for making sure this bill could come to the floor so swiftly. I thank my friend, Congresswoman Manning, for her partnership on co-leading this bill with me. And I…

Debbie Lesko
Rep. Debbie LeskoR-AZ-8 · Jul 21, 2022

Madam Speaker, I rise in opposition to H.R. 8373. I am here today with my Republican colleagues to stand up for the health and safety of women and girls across our Nation. It is unfortunate that this…

Claudia Tenney
Rep. Claudia TenneyR-NY-22 · Jul 21, 2022

Madam Speaker, my new district is actually where Susan B. Anthony, a pro-life woman Republican who got us our right to vote, actually was tried for voting. I am just happy and proud to represent that…

Stephanie I. Bice
Rep. Stephanie I. BiceR-OK-5 · Jul 21, 2022

Madam Speaker, I am offended that the other side of the aisle would make false accusations about Republicans' positions on contraception. This is fearmongering of the highest degree. I rise in strong…

Bill Text

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Engrossed in HouseIssued July 21, 2022

117th CONGRESS

2d Session

H. R. 8373

AN ACT

To protect a person’s ability to access contraceptives and to engage in contraception, and to protect a health care provider’s ability to provide contraceptives, contraception, and information related to contraception.

1.

Short title

This Act may be cited as the Right to Contraception Act.

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 legally marketed under the Federal Food, Drug, and Cosmetic Act, such as oral contraceptives, long-acting reversible contraceptives, emergency contraceptives, internal and external condoms, injectables, vaginal barrier methods, transdermal patches, and vaginal rings, or other contraceptives.

(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, with respect to a State, any entity or individual (including any physician, certified nurse-midwife, nurse, nurse practitioner, physician assistant, and pharmacist) that is licensed or otherwise authorized by the 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 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.

3.

Findings

Congress finds the following:

(1)

The right to contraception is a fundamental right, central to a person’s privacy, health, wellbeing, 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 often severe medical conditions and decrease the risk of certain cancers.

(10)

Family planning improves 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.

(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 with low incomes; and people living in rural and underserved areas. Many people who are part of these marginalized groups 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.

(13)

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

(14)

People engage in interstate commerce to access contraception services.

(15)

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.

(16)

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.

(17)

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

(18)

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.

(19)

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.

(20)

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.

(21)

Despite the clearly established constitutional right to contraception, access to contraceptives, including emergency contraceptives and long-acting reversible contraceptives, has been obstructed across the United States in various ways by Federal and State governments.

(22)

As of 2022, at least 4 States 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, 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)

In June 2022, Justice Thomas, in his concurring opinion in Dobbs v. Jackson Women’s Health Organization (597 U.S. __ (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.

4.

Permitted services

(a)

General rule

A person has a statutory right under this Act to obtain contraceptives and to engage in contraception, and a health care provider has a corresponding right to provide contraceptives, contraception, and information 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 the provision of contraceptives, contraception, or contraception-related information; health care providers who provide contraceptives, contraception, or contraception-related information; or 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 patient’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.

5.

Applicability and preemption

(a)

In general

(1)

General application

Except as stated under subsection (b), this Act supersedes and applies to the law of the Federal Government and each State government, 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, and neither the Federal Government nor any State government shall administer, implement, or enforce any law, rule, regulation, standard, or other provision having the force and effect of law that conflicts with any provision of this Act, notwithstanding any other provision of Federal law, including the Religious Freedom Restoration Act of 1993 (42 U.S.C. 2000bb et seq.).

(2)

Subsequently enacted federal legislation

Federal statutory law adopted after the date of the enactment of this Act is subject to this Act unless such law explicitly excludes such application by reference to this Act.

(b)

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 Public Health Service Act (42 U.S.C. 300gg–13).

(c)

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 7, this Act shall also apply to, and may be raised as a defense by, such an individual or entity.

(d)

Effective date

This Act shall take effect immediately upon the date of enactment of this Act.

6.

Rules of construction

(a)

In general

In interpreting the provisions of this Act, a court shall liberally construe such provisions to effectuate the purposes of the Act.

(b)

Rules 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 person who, by operation of a provision of Federal or State law, is permitted to implement or enforce a limitation or requirement that violates section 4 shall be considered a government official for purposes of this Act.

7.

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 a person described in section 6(c)) that implements or enforces a limitation or requirement that violates, section 4. 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 a person described in section 6(c)) that implements or enforces a limitation or requirement that violates, section 4. 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, or 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 non-frivolous 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 a person described in section 6(c)) who is permitted to implement or enforce any limitation or requirement that violates section 4 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.

8.

Severability

If any provision of this Act, or the application of such provision to any person, entity, government, or circumstance, is held to be unconstitutional, the remainder of this Act, or the application of such provision to all other persons, entities, governments, or circumstances, shall not be affected thereby.

Passed the House of Representatives July 21, 2022.

Clerk.