[Congressional Record Volume 170, Number 96 (Wednesday, June 5, 2024)]
[Senate]
[Pages S3979-S3982]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




             RIGHT TO CONTRACEPTION ACT--MOTION TO PROCEED


                   Unanimous Consent Request--S. 4447

  Ms. ERNST. The so-called Right to Contraception Act goes far beyond 
the scope of providing access to contraception. It is important the 
American people understand what the Democrats are peddling.
  Senator Markey's bill creates a precedent to mandate access to 
abortion drugs for women and girls of all ages. It also allows taxpayer 
dollars to be funneled to organizations like Planned Parenthood.
  The bill removes conscious freedom protections, which allow our 
doctors and nurses to maintain their religious and moral beliefs while 
practicing medicine, a right that we are all afforded in the workplace 
which should be upheld.
  I would like to remind my Democrat colleagues of the Religious 
Freedom Restoration Act--or RFRA is what we call it here. It is a law 
that was championed by Senator Chuck Schumer more than 30 years ago.
  The majority leader has really come a long way, hasn't he? Just like 
President Biden who used to be pro-life. Religious professionals and 
organizations across the country rely on RFRA for protection from broad 
government overreach. Yet the Democrats are willing to upend that 
precedent for politics and, more importantly, for abortion.
  Let's be clear what is going on here. From the Senate to the White 
House, Democrats do not have anything to run on--no agenda that 
resonates with the American people. So instead, they are fearmongering 
in the name of politics.
  Fortunately, Republicans have a solution: the Allowing Greater Access 
to Safe and Effective Contraception Act.
  Like 90 percent of Americans, I believe routine-use contraception 
should be safe and accessible. That is why I have long worked to 
increase access to safe and effective over-the-counter oral 
contraceptives.
  With my bill, we are ensuring women 18 and over can walk into any 
pharmacy, whether in Red Oak, IA, or Washington, DC, and purchase a 
safe and effective birth control option.
  This Republican bill creates a priority review designation for over-
the-counter birth control options to encourage the FDA to act quickly.
  I am encouraged that as of this year, the first, but the only, over-
the-counter option on the market has been approved. But having just one 
over-the-counter product on the market is just a starting point.
  We need more options that are truly effective for women--women in 
rural areas, women facing domestic violence.
  In addition, my bill brings much needed transparency and 
accountability in Federal spending to better understand where gaps are 
occurring and also to ensure dollars are actually going to supporting 
women and families.
  GAO will take a 15-year look back at total dollar amounts for 
contraception reimbursement, inventory stocking, provider training, and 
patient education efforts to help better inform us as lawmakers and you 
as taxpayers on where and how our money is being spent.
  Madam President, I ask unanimous consent that the Senate proceed to 
the immediate consideration of Calendar No. 418, S. 4447; further, that 
the bill be considered read a third time and passed; and the motion to 
reconsider be considered made and laid upon the table with no 
intervening action or debate.
  The PRESIDING OFFICER. Is there objection?
  The junior Senator from Minnesota.
  Ms. SMITH. Madam President, reserving the right to object, I have 
great respect for my colleague from Iowa, our neighbor to the south, 
but we just disagree on this issue.
  I think that this is an attempt by Republicans to claim that they are 
increasing access to contraception when, in fact, this bill does not 
accomplish that goal at all. And I also think our Republican colleagues 
believe that they have a message problem when it comes to women's 
health when, in fact, they have a policy problem. And I regret to say 
this bill is not going to fix it.
  One in three women in this country face barriers to accessing 
prescription contraception, and only half of women that are interested 
in over-the-counter birth control pills can afford them. But instead of 
addressing this very real and very well-understood challenge, this bill 
does nothing to improve access to contraception. It does not address 
the lack of insurance coverage for prescription and over-the-counter 
birth control--carve-outs that Republicans have repeatedly supported 
which make contraception more expensive for patients.
  It does not protect patients from efforts to roll back the ability of 
providers to prescribe birth control. It does not enable patients to 
know what is best for themselves to get birth control without 
unnecessary barriers.
  Instead, the bill directs the FDA to prioritize review of 
applications to convert prescription contraception to over-the-counter; 
but, in fact, an over-the-counter birth control pill has been approved 
for almost a year and has been available in stores since March of this 
year. And this bill does nothing to get that product into patients' 
hands. In fact, it explicitly restricts access to this important 
product for young people.
  This bill also directs a study, a Federal funding for contraception. 
We don't need a study to tell us that there are problems here. We know 
what the problem is. We know that President Trump's anti-abortion 
Justices at the Supreme Court and Republicans' years of policies here 
in Congress and in State legislatures around the country have 
restricted access to birth control.
  In addition, this bill reinforces the misguided view that emergency 
contraception causes abortion. That is not what the science says, and 
it is not what doctors say.
  If Republicans truly support increased access and fewer barriers to 
contraception, then they should vote for the Right to Contraception 
Act. Our bill would actually guarantee the right for people to obtain 
and use contraceptives and for health providers to provide 
contraception, contraception information, all free from government 
interference.
  The Right to Contraception Act is the bill that we all need to 
support, and I look forward to voting for this bill this afternoon. And 
for these reasons, I object.
  The PRESIDING OFFICER. Objection is heard.
  The junior Senator from Iowa.
  Ms. ERNST. Madam President, I am disheartened to see my colleague 
from Minnesota rise in opposition. I respect her greatly as well, and 
we do disagree on this issue. But, unfortunately, given the nature of 
this political exercise, I am not surprised.
  This was never about finding real solutions. This was always about 
fearmongering and election-year stunts.
  My effort, one that many of my Republican colleagues support, is a 
commonsense solution to give women more access to over-the-counter 
birth control options and bring accountability to government spending, 
not about finding loopholes so we can find a way to fund those drugs 
that cause abortions.
  Despite attacks from the same far left that promotes drugs that 
endanger women, encourages the death of the unborn, I will always stand 
up for families. And as a mother and a grandmother, alongside my fellow 
Republican Senators, I will continue to protect life, while supporting 
policies that equip women to raise children to live the American dream.

[[Page S3980]]

  The PRESIDING OFFICER. The Senator from Texas.
  Mr. CRUZ. Madam President, I want to thank the Senator from Iowa for 
her legislation, important legislation, protecting the right to birth 
control and making it easier for women to have access to birth control 
pills over the counter.
  This is something we all agree on. This is something Americans across 
this Nation agree upon. This is a right that is protected in all 50 
States.
  In just a few minutes, we are going to see Democrats engage in a show 
vote. And there is a reason for that show vote: because Democrats in 
the Senate--every one of them--their views on abortion are extreme and 
radical. Every Democrat in this body has voted repeatedly in favor of 
unlimited abortion on demand, literally up until the moment of birth--
partial-birth abortion in the 39th and 40th week of pregnancy. That is 
an extreme position. I will tell you nationally, 9 percent of Americans 
agree with that position. Madam President, 91 percent of Americans look 
at that extreme position and say: That is too far.
  And, indeed, even among those Americans who call themselves pro-
choice and a majority of pro-choice Americans say, Late-term abortions 
up until the moment of birth, that is extreme. So what do the Democrats 
do? They recognize that 91 percent of Americans disagree with their 
extreme position, so they try to change the topic. And in particular, 
they are trying to change the topic to birth control.
  Now, all 100 Senators--every single Senator--agrees that birth 
control should be protected as a matter of law. And yet what did we 
just see? We saw Senator Ernst introducing her legislation, legislation 
of which I am a cosponsor. Together, we are leading the fight to 
protect the right to birth control, and what happened? The Democrats 
objected.
  Why did they object? Understand why they objected. Because they want 
to use this as an issue in November to scare people, and they don't 
want to talk about their own radical record. Instead, they want to 
falsely claim somebody is coming to take contraception. That is 
deliberately false. And so when you see millions of dollars of TV ads 
paid for by Democrats, ask yourself one question: Why did the Democrats 
just block Senator Ernst's and my legislation protecting the right to 
birth control? Because this is not about protecting this right; it is 
about politics for the Democrats hiding their own radical view.

  I wish we would come together. By the way, next week I predict the 
Democrats are going to do the same thing. I have legislation protecting 
in vitro fertilization, another incredible medical miracle that, again, 
to the best of my knowledge, all 100 Senators support. Katie Britt and 
I together have introduced that legislation, and, yet, I fully expect 
next week the Democrats to do what they just did today, which is object 
to it because they are playing politics and they are unwilling to 
actually put in Federal law a real and strong protection.
  I know it is campaign season, but it is unfortunate that Democrats 
are not willing to work together. Had they not uttered two words, ``I 
object,'' Senator Ernst and my legislation protecting the right to 
birth control would have passed out of this body. But Senate Democrats 
didn't want it to.
  I yield the floor.
  The PRESIDING OFFICER. The senior Senator from Louisiana.
  Mr. CASSIDY. Madam President, I ask unanimous consent to ask that 
baby to come back into the spectators' Gallery. That was the sweetest 
noise we have heard here for quite some time.


                       Right to Contraception Act

  Madam President, Senate Democrats are using their power in the 
majority to push an alarmist and false narrative that there is a 
problem accessing contraception. They proposed a bill which is more 
about a solution to find a problem. Today's vote is nothing more than 
scaring and misleading, misleading, misleading the American people.
  Here are the facts. Let me show this graph.
  There is no State or territory that bans access to birth control 
pills. We made this graph. Here you see all the States that ban birth 
control are in orange, and all of the States that allow it are in 
green. As you notice, every State is green. This is not an issue. 
Unless--unless--your candidate for President is running behind in the 
polls, and there is a need to make people frightened; to turn out on a 
false issue; to, hopefully, improve poll numbers. But misleading and 
scaring voters seem to be, in their mind, the only way they can get 
that extra support.
  But don't be mistaken, the bill goes way beyond protecting access to 
the routine use of birth control pills or other contraceptives. There 
are plenty of reasons why Republicans oppose this legislation. Here is 
what the bill actually does: It defines contraception so broadly that 
it likely also includes a right to a chemical abortion pill. It 
eviscerates conscience protections for healthcare providers, overriding 
the Religious Freedom Restoration Act, or RFRA. In fact, if enacted, 
this would be a first time a law explicitly waived RFRA.
  Now, by the way, we are a pluralistic society. Some people are pro-
life; some people are pro-choice. But we have tried to find peace on 
this issue. You don't find peace by eviscerating people's rights to 
follow their conscience, knowing that there is a provider down the 
street that could give the service that would be required under this 
law.
  And, finally, the bill prioritizes abortion provider Planned 
Parenthood, preventing States or the Federal Government from 
prioritizing funding for life-affirming organizations.
  This is not serious legislation. It bypassed the HELP Committee. Just 
kind of taken out, brought straight to the floor. Again, not seriously 
considered, rather a vehicle for political grandstanding. It is not a 
serious process but, rather, a political stunt designed to fearmonger 
and mislead the public in an attempt to sway voters in an election 
year.
  Republicans should not play along. I oppose this legislation and urge 
my colleagues to do the same.
  I also want to highlight my amendment to this flawed bill. While the 
bill is beyond improvement in current form, my amendment proposes to 
shed much needed light on another issue that has been pulled into the 
Democrats' political stunt of the month; that is, the fact that the 
Centers For Disease Control and Prevention has very little data on 
abortion, including on abortion survivors.
  If the policy preference of the other party is to promote abortion on 
demand, the American people deserve accurate information on this 
policy's effects.
  We were fortunate to meet a women who survived two--two--abortion 
attempts this week. She testified in the HELP Committee.
  And so as Democrats continue to push the chemical abortion pill on 
women, we may learn of more abortion survivors, when at-home, 
unsupervised abortions fail and put mothers at risk.
  My proposal directs the CDC to include attempted abortions as a 
method of delivery and collect data on abortion survivors. It would 
also direct the Department of Health and Human Services to refer 
abortion survivors to applicable Federal programs for vulnerable and 
newborn children. If Democrats stand behind their abortion-on-demand 
stance, why would they not support this policy.
  Nevertheless, I suspect the other party will not be interested in 
considering my proposal as part of this bill or any other political 
show vote that is scheduled in the coming weeks.
  With that, I yield the floor.
  Mr. CARDIN. Madam President, I rise today to urge my colleagues to 
join me in supporting the Right to Contraception Act. Now more than 
ever, it is vital to codify reproductive rights. The right to 
contraception is not merely a matter of health, but a matter of 
autonomy and equality. We must protect a women's right to access to 
reproductive care.
  This week, the Senate will vote on the Right to Contraception Act. 
Since the U.S. Supreme Court overturned Roe v. Wade, those opposed to 
reproductive freedoms have consistently acted to restrict and ban 
access to reproductive health care, including abortion, contraception, 
and even IVF.
  In his concurrence in Dobbs v. Jackson Women's Health Organization, 
in support of decision to overturn Roe v. Wade, Associate Justice 
Clarence Thomas directly called into question

[[Page S3981]]

the right to contraception as a logical outgrowth of the Dobbs 
decision. Since the decision came down, it has become clear that 
restrictions and bans on abortion are just the first step in 
withholding reproductive health care and access, preventing women and 
their healthcare providers making the best decision without government 
intrusion.
  For almost 60 years, people have had the right to access 
contraception. In 1965, the Supreme Court ruled, in Griswold v. 
Connecticut, that States could not block married couples from being 
able to access contraception. This ruling paved the way for the 1972 
Supreme Court decision in Eisenstadt v. Baird, expanding the right to 
contraception to unmarried people.
  Despite these protections and 96 percent of voters supporting access 
to birth control, some lawmakers continue to attack this basic right. 
Just as with abortion, extremists are making moves to undermine and 
eventually eliminate women's right to access birth control.
  Contraceptives offer substantial benefits to many women and families 
across America. Women's reproductive choices and economic opportunities 
are linked. Research demonstrates that when women are given more 
control over family planning and childbearing decisions, educational, 
career, and professional opportunities open up to them.
  With the Supreme Court decisions on Griswold and Eisenstadt, access 
to the pill was associated with a 1.7 percentage-point increase in the 
margin of women in professional careers. The gender gap in the 
workplace can also be narrowed when women have access to the pill at a 
younger age. Women with access to contraception in their early 20s 
earned $2,200 more per year by their early 40s than women who were not 
able to have access to contraception.
  Although access to the pill correlates to an increase in women in the 
workforce, it is important to remember that there are an estimated 19 
million women of reproductive age who live in contraceptive deserts.
  Various findings on the role contraception plays in the lives of 
women and families reiterate the value of ensuring women continue to 
have full access to a range of contraceptive services and methods. It 
is abundantly clear that improved access to contraception contributes 
to economic and educational advancement of women in the United States.
  As a result of the Dobbs decision and due to systemic inequalities, 
communities of color, young people, immigrants, low-income, and LGBTQ+ 
individuals face the consequences of this abortion ban. These 
communities are more likely to experience additional barriers to 
accessing reproductive health care. Birth control ensures more people 
can access the future they envision for themselves and their families.
  I am proud that Maryland has been recognized as the first State to 
mandate contraceptive coverage in 1998. My State has long been a leader 
in supporting and protecting reproductive rights. On April 14, 2023, 
Governor Moore announced that the State would begin to stockpile 
mifepristone. Maryland remains committed to remaining a safe haven for 
abortion and reproductive health care access.
  However, even in Maryland, where State law protects the right to 
choose, in April 2022, Governor Larry Hogan vetoed the Abortion Care 
Access Act. This act expands reproductive health care by allowing 
additional trained health professionals, including nurse practitioners, 
midwives, and physician assistants, to perform abortions.
  Fortunately, Maryland's Legislature overrode this reckless veto, and 
the law took effect July 1, 2022. In response, Governor Hogan went on 
to withhold millions of dollars in State funds that was designated for 
the Abortion Care Clinical Training Program. Thankfully, Governor Wes 
Moore released those funds on his very first day in office in 2023.
  This November, Marylanders have a choice to vote in favor of further 
protecting abortion by enshrining the right to reproductive freedom in 
our State's constitution. This would further impede the ability of 
opponents to take away abortion rights in the future.
  This week, Majority Leader Chuck Schumer will call a vote for the 
Right to Contraception Act, a bill I cosponsored that will codify the 
right to contraception to prevent further restrictions on reproductive 
health services for all Americans.
  It is time to protect the right to birth control, and access to it, 
for all communities. The Right to Contraception Act is an especially 
important safeguard for these marginalized communities.
  While it is urgent that we pass the Right to Contraception Act, we 
must also move forward other legislation, like the Women's Health 
Protection Act, which would codify Roe v. Wade and prevent States from 
continuing to enact restrictions of reproductive freedoms.
  This Congress, the Senate has also had to reel in colleagues who put 
our military in jeopardy by blocking the promotions of senior members 
of our military to protest the Pentagon's abortion policy.
  Despite the notion that the Dobbs decision would be the end of 
judicial action on reproductive health by handing authority to 
individual States, we continue to see challenges to reproductive rights 
elevated to the Supreme Court. Last year, I signed onto a bicameral 
amicus brief for Alliance for Hippocratic Medicine v. FDA to advocate 
for the FDA's appeal that supports nationwide access to mifepristone. 
In the next couple of weeks, we expect that decision, as well as one in 
a case challenging the legal obligation of doctors to provide life-
stabilizing emergency abortion care. I am proud to have also signed an 
amicus brief on this case, urging Justices to ensure that emergency 
departments will also provide patients with the care they critically 
need.
  Throughout my time in Congress, I have worked to dismantle barriers 
to women's health. The right to choose whether to have a child is 
fundamental, and it is a decision that should only be made by women in 
consultation with their healthcare provider, not with interference from 
Federal, State, or local governments. It is time for us to elevate the 
voices that truly know how much is at stake in the fight for 
reproductive freedoms. Lives are at risk in the generation and beyond.
  We must vote to pass the Right to Contraception Act, and we must work 
every day until Roe v. Wade is the law of the land once again.
  The PRESIDING OFFICER. The majority leader.
  Mr. SCHUMER. Madam President, today, every Senator must take a stand: 
If you agree all Americans deserve access to contraception, then vote 
yes on the Right to Contraception Act.
  This bill simply says that if you want to access birth control or if 
you are a healthcare provider wanting to prescribe birth control, the 
government has no right to interfere. This is not a show vote; it is a 
``show us who you are'' vote. And the American people are watching.
  Up to 90 percent of Americans support access to contraceptives, but 
today one in five adults are worried that birth control is under 
threat. This is just one of the consequences of overturning Roe, so we 
have every reason in the world to vote yes today.
  We should all agree that in America nobody should ever question if 
their ability to access contraceptives will be taken away. Sadly, that 
is precisely the fear more and more people feel today. Passing this 
bill will put those fears to rest and protect people's basic civil 
liberties.
  So, again, it is all very simple: If you agree all Americans deserve 
to have access to contraception, then you should support the bill.
  Thank you to Senators Markey, Hirono, and others for championing this 
legislation, and let us all vote yes.
  Madam President, I ask unanimous consent that the mandatory quorum 
call, with respect to the cloture vote on the motion to proceed, be 
waived.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. SCHUMER. I ask unanimous consent that the vote begin now.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                             Cloture Motion

  The PRESIDING OFFICER. Pursuant to rule XXII, the Chair lays before 
the Senate the pending cloture motion, which the clerk will state.

[[Page S3982]]

  The legislative clerk read as follows:

                             Cloture Motion

       We, the undersigned Senators, in accordance with the 
     provisions of rule XXII of the Standing Rules of the Senate, 
     do hereby move to bring to a close debate on the motion to 
     proceed to Calendar No. 400, S. 4381, a bill to protect an 
     individual'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.
         Charles E. Schumer, Edward J. Markey, Christopher Murphy, 
           Chris Van Hollen, Richard Blumenthal, Jack Reed, Tammy 
           Baldwin, Debbie Stabenow, Tina Smith, Tammy Duckworth, 
           Alex Padilla, Margaret Wood Hassan, John W. 
           Hickenlooper, Catherine Cortez Masto, Christopher A. 
           Coons, Jeanne Shaheen, Gary C. Peters.

  The PRESIDING OFFICER. Under the previous order, the mandatory quorum 
call has been waived.
  The question is, Is it the sense of the Senate that debate on the 
motion to proceed to S. 4381, a bill to protect an individual'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, shall be 
brought to a close?
  The yeas and nays are mandatory under the rule.
  The clerk will call the roll.
  The legislative clerk called the roll.
  Mr. DURBIN. I announce that the Senator from New Jersey (Mr. 
Menendez) is necessarily absent.
  Mr. THUNE. The following Senators are necessarily absent: the Senator 
from Indiana (Mr. Braun), the Senator from Alabama (Mrs. Britt), the 
Senator from South Carolina (Mr. Graham), the Senator from Tennessee 
(Mr. Hagerty), the Senator from Louisiana (Mr. Kennedy), the Senator 
from Kansas (Mr. Moran), the Senator from Utah (Mr. Romney), the 
Senator from Alaska (Mr. Sullivan), and the Senator from Ohio (Mr. 
Vance).
  The yeas and nays resulted--yeas 51, nays 39, as follows:

                      [Rollcall Vote No. 190 Leg.]

                                YEAS--51

     Baldwin
     Bennet
     Blumenthal
     Booker
     Brown
     Butler
     Cantwell
     Cardin
     Carper
     Casey
     Collins
     Coons
     Cortez Masto
     Duckworth
     Durbin
     Fetterman
     Gillibrand
     Hassan
     Heinrich
     Hickenlooper
     Hirono
     Kaine
     Kelly
     King
     Klobuchar
     Lujan
     Manchin
     Markey
     Merkley
     Murkowski
     Murphy
     Murray
     Ossoff
     Padilla
     Peters
     Reed
     Rosen
     Sanders
     Schatz
     Shaheen
     Sinema
     Smith
     Stabenow
     Tester
     Van Hollen
     Warner
     Warnock
     Warren
     Welch
     Whitehouse
     Wyden

                                NAYS--39

     Barrasso
     Blackburn
     Boozman
     Budd
     Capito
     Cassidy
     Cornyn
     Cotton
     Cramer
     Crapo
     Cruz
     Daines
     Ernst
     Fischer
     Grassley
     Hawley
     Hoeven
     Hyde-Smith
     Johnson
     Lankford
     Lee
     Lummis
     Marshall
     McConnell
     Mullin
     Paul
     Ricketts
     Risch
     Rounds
     Rubio
     Schmitt
     Schumer
     Scott (FL)
     Scott (SC)
     Thune
     Tillis
     Tuberville
     Wicker
     Young

                             NOT VOTING--10

     Braun
     Britt
     Graham
     Hagerty
     Kennedy
     Menendez
     Moran
     Romney
     Sullivan
     Vance
  The PRESIDING OFFICER (Ms. Butler). On this vote, the yeas are 51, 
the nays are 39.
  Three-fifths of the Senators duly chosen and sworn not having voted 
in the affirmative, the motion was rejected.
  The majority leader.


                          Motion to Reconsider

  Mr. SCHUMER. Madam President, I enter a motion to reconsider the 
failed cloture vote.
  The PRESIDING OFFICER. The motion is entered.
  Mr. SCHUMER. Just so the public should know, I switched my vote so we 
might reconsider and possibly vote on this again.

                          ____________________