II 

117TH CONGRESS 

2D SESSION S. 4748 

To provide for national uniformity for reproductive health products. 

IN THE SENATE OF THE UNITED STATES 

AUGUST 2, 2022 

Mr. BOOKER (for himself and Ms. SMITH) introduced the following bill; which 

was read twice and referred to the Committee on the Judiciary 

A BILL 

To provide for national uniformity for reproductive health 

products. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Protecting National 

5 Access to Reproductive Care Act of 2022’’. 

6 SEC. 2. PURPOSE. 

7 (a) IN GENERAL.—This section confirms the inten8 tion of Congress that, with respect to reproductive health 

9 products approved, licensed, cleared, or authorized by the 

10 Food and Drug Administration for specific uses as de11 scribed in section 3(c), Federal regulation of such prodVerDate Sep 11 2014 04:40 Aug 06, 2022 Jkt 029200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S4748.IS S4748

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1 ucts has the effect of preempting any State or local law 

2 or regulation, criminal or civil, that has the effect of re3 stricting the use of or access to any such product. 

4 (b) RULE OF CONSTRUCTION.—Nothing in this Act 

5 shall be construed to limit the preemptory effect of the 

6 regulation by the Food and Drug Administration of prod7 ucts that are not reproductive health products. 

8 SEC. 3. NATIONAL UNIFORMITY FOR REPRODUCTIVE 

9 HEALTH PRODUCTS. 

10 (a) IN GENERAL.—No State or unit of local govern11 ment, or State or local government official or other person 

12 acting under color of law may implement or enforce any 

13 law, requirement, prohibition, or limitation that restricts 

14 use or access, or has the effect of restricting use or access, 

15 by any individual to any reproductive health product. 

16 (b) ENFORCEMENT.— 

17 (1) ATTORNEY GENERAL.—The Attorney Gen18 eral may commence a civil action in an appropriate 

19 district court of the United States on behalf of the 

20 United States against any State or unit of local gov21 ernment, State or local government official, or 

22 against any other person acting under color of law 

23 that implements or enforces a limitation or require24 ment that violates subsection (a). The court shall 


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1 hold unlawful the limitation or requirement if it is 

2 in violation of subsection (a). 

3 (2) PRIVATE RIGHT OF ACTION.— 

4 (A) IN GENERAL.—Any individual or enti5 ty, including any health care provider or pa6 tient, adversely affected by an alleged violation 

7 of subsection (a), may commence a civil action 

8 in an appropriate district court of the United 

9 States against any State or unit of local govern10 ment, or State or local government official, or 

11 against any other person acting under color of 

12 law who violates subsection (a). The court shall 

13 hold unlawful the limitation or requirement if it 

14 is in violation of subsection (a). 

15 (B) HEALTH CARE PROVIDER.—A health 

16 care provider may commence an action pursu17 ant to subparagraph (A) in an appropriate dis18 trict court of the United States for relief on its 

19 own behalf, on behalf of the provider’s staff, or 

20 on behalf of the provider’s patients who are or 

21 may be adversely affected by an alleged viola22 tion of subsection (a). 

23 (3) DECLARATORY AND EQUITABLE RELIEF.— 

24 In any action under this subsection, the court may 

25 award appropriate declaratory or equitable relief, inVerDate Sep 11 2014 04:40 Aug 06, 2022 Jkt 029200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S4748.IS S4748

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1 cluding temporary, preliminary, or permanent in2 junctive relief. 

3 (4) COSTS.—In any action under this sub4 section, the court shall award costs of litigation, as 

5 well as reasonable attorney’s fees, to any prevailing 

6 plaintiff. A plaintiff shall not be liable to a defend7 ant for costs or attorney’s fees in any non-frivolous 

8 action under this subsection. 

9 (5) JURISDICTION.—The district courts of the 

10 United States shall have exclusive jurisdiction over 

11 proceedings under this Act and shall exercise the 

12 same without regard to whether the party aggrieved 

13 shall have exhausted any administrative or other 

14 remedies that may be provided for by law. 

15 (c) DEFINITION.—In this section, the term ‘‘repro16 ductive health product’’ means any drug or device that— 

17 (1) is approved under section 505 or section 

18 515 of the Federal Food, Drug, and Cosmetic Act 

19 (21 U.S.C. 355; 360e), licensed under section 351 of 

20 the Public Health Service Act (42 U.S.C. 262), 

21 cleared under section 510(k) of the Federal Food, 

22 Drug, and Cosmetic Act (21 U.S.C. 360(k)), or au23 thorized under section 513(f)(2) of such Act (21 

24 U.S.C. 360c(f)(2)); and 

25 (2) is used to— 


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1 (A) diagnose, prevent, manage, treat, or 

2 terminate pregnancy; or 

3 (B) prevent or manage conditions of the 

4 reproductive system. 

5 (d) AUTHORIZATION OF APPROPRIATIONS.—For pur6 poses of carrying out subsection (b)(1), there is authorized 

7 to be appropriated to the Attorney General $20,000,000 

8 for fiscal year 2022, to remain available until expended. 

Æ 


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