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[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4748 Introduced in Senate (IS)]

<DOC>

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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Protecting National Access to 
Reproductive Care Act of 2022''.

SEC. 2. PURPOSE.

    (a) In General.--This section confirms the intention of Congress 
that, with respect to reproductive health products approved, licensed, 
cleared, or authorized by the Food and Drug Administration for specific 
uses as described in section 3(c), Federal regulation of such products 
has the effect of preempting any State or local law or regulation, 
criminal or civil, that has the effect of restricting the use of or 
access to any such product.
    (b) Rule of Construction.--Nothing in this Act shall be construed 
to limit the preemptory effect of the regulation by the Food and Drug 
Administration of products that are not reproductive health products.

SEC. 3. NATIONAL UNIFORMITY FOR REPRODUCTIVE HEALTH PRODUCTS.

    (a) In General.--No State or unit of local government, or State or 
local government official or other person acting under color of law may 
implement or enforce any law, requirement, prohibition, or limitation 
that restricts use or access, or has the effect of restricting use or 
access, by any individual to any reproductive health product.
    (b) Enforcement.--
            (1) Attorney general.--The Attorney General may commence a 
        civil action in an appropriate district court of the United 
        States on behalf of the United States against any State or unit 
        of local government, State or local government official, or 
        against any other person acting under color of law that 
        implements or enforces a limitation or requirement that 
        violates subsection (a). The court shall hold unlawful the 
        limitation or requirement if it is in violation of subsection 
        (a).
            (2) Private right of action.--
                    (A) In general.--Any individual or entity, 
                including any health care provider or patient, 
                adversely affected by an alleged violation of 
                subsection (a), may commence a civil action in an 
                appropriate district court of the United States against 
                any State or unit of local government, or State or 
                local government official, or against any other person 
                acting under color of law who violates subsection (a). 
                The court shall hold unlawful the limitation or 
                requirement if it is in violation of subsection (a).
                    (B) Health care provider.--A health care provider 
                may commence an action pursuant to subparagraph (A) in 
                an appropriate district court of the United States for 
                relief on its own behalf, on behalf of the provider's 
                staff, or on behalf of the provider's patients who are 
                or may be adversely affected by an alleged violation of 
                subsection (a).
            (3) Declaratory and equitable relief.--In any action under 
        this subsection, the court may award appropriate declaratory or 
        equitable relief, including temporary, preliminary, or 
        permanent injunctive relief.
            (4) Costs.--In any action under this subsection, 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 subsection.
            (5) Jurisdiction.--The district courts of the United States 
        shall have exclusive 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.
    (c) Definition.--In this section, the term ``reproductive health 
product'' means any drug or device that--
            (1) is approved under section 505 or section 515 of the 
        Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355; 360e), 
        licensed under section 351 of the Public Health Service Act (42 
        U.S.C. 262), cleared under section 510(k) of the Federal Food, 
        Drug, and Cosmetic Act (21 U.S.C. 360(k)), or authorized under 
        section 513(f)(2) of such Act (21 U.S.C. 360c(f)(2)); and
            (2) is used to--
                    (A) diagnose, prevent, manage, treat, or terminate 
                pregnancy; or
                    (B) prevent or manage conditions of the 
                reproductive system.
    (d) Authorization of Appropriations.--For purposes of carrying out 
subsection (b)(1), there is authorized to be appropriated to the 
Attorney General $20,000,000 for fiscal year 2022, to remain available 
until expended.
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