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S. 422IntroducedSenate · nowHousePresidentLawIn committee
Sec. 6 · S. 422

Applicability and preemption

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(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; (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. 6: Applicability and preemption · Public Law Tracker