obtaining or using any contraceptives or contra-
ceptive methods; or 
(C) exempts any contraceptives or contra-
ceptive methods from any other generally appli-
cable law in a way that would make it more dif-
ficult to sell, provide, obtain, or use such con-
traceptives or contraceptive methods. 
(3) RELATIONSHIP WITH OTHER LAWS.—This 
Act applies notwithstanding any other provision of 
Federal law, including the Religious Freedom Res-
toration Act of 1993 (42 U.S.C. 2000bb et seq.). 
(b) SUBSEQUENTLY ENACTED FEDERAL LEGISLA-
TION.—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 cov-
erage 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 
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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 in-
dividual or entity who is subject to a limitation or require-
ment 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 im-
mediately 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 con-
traceptives 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 vol-
untary and informed consent. 
(c) OTHER INDIVIDUALS CONSIDERED AS GOVERN-
MENT OFFICIALS.—Any individual who, by operation of 
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a provision of Federal or State law, is permitted to imple-
ment or enforce a limitation or requirement that violates 
section 5 shall be considered a government official for pur-
poses 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 gov-
ernment official (including an individual described in sec-
tion 7(c)) that implements or enforces a limitation or re-
quirement 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, in-
cluding any health care provider or patient, ad-
versely affected by an alleged violation of this Act, 
may commence a civil action against any State that 
violates, or against any government official (includ-
ing an individual described in section 7(c)) that im-
plements or enforces a limitation or requirement 
that violates, section 5. The court shall hold unlaw-
ful and set aside the limitation or requirement if it 
is in violation of this Act. 
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(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 injunc-
tive 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 administra-
tive 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 re-
quirement that violates section 5 shall be immune under 
the Tenth Amendment to the Constitution of the United 
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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 jurisdic-
tion 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 cir-
cumstance, 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. 
Æ 
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