IV 
117TH CONGRESS 
2D SESSION 
H. RES. 1434 
Reaffirming the preemptive authority of the Federal Food, Drug, and Cos-
metic Act (21 U.S.C. 301 et seq.) and the Public Health Service Act 
(42 U.S.C. 201 et seq.) (including regulations thereunder) with respect 
to State laws that inhibit access to or use of any reproductive health 
product. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 14, 2022 
Mr. JONES (for himself, Ms. DEGETTE, Ms. NEWMAN, Mr. ESPAILLAT, Ms. 
TITUS, Ms. VELA´ZQUEZ, Mr. GARCI´A of Illinois, Mr. BOWMAN, Mr. 
GOMEZ, Mr. CARSON, Mr. LOWENTHAL, Mr. COHEN, Mr. VARGAS, Ms. 
BUSH, Mrs. CAROLYN B. MALONEY of New York, Mr. CARTER of Lou-
isiana, Ms. JACKSON LEE, Ms. WILSON of Florida, Ms. NORTON, Mr. 
TAKANO, Ms. SPEIER, Mr. EVANS, Ms. JACOBS of California, Mr. 
AUCHINCLOSS, Mr. KHANNA, Mr. LARSON of Connecticut, Mr. NADLER, 
Ms. LEE of California, Mrs. CHERFILUS-MCCORMICK, and Ms. LOF-
GREN) submitted the following resolution; which was referred to the Com-
mittee on Energy and Commerce, and in addition to the Committee on 
the Judiciary, for a period to be subsequently determined by the Speaker, 
in each case for consideration of such provisions as fall within the juris-
diction of the committee concerned 
RESOLUTION 
Reaffirming the preemptive authority of the Federal Food, 
Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) and 
the Public Health Service Act (42 U.S.C. 201 et seq.) 
(including regulations thereunder) with respect to State 
laws that inhibit access to or use of any reproductive 
health product. 
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•HRES 1434 IH 
Whereas a reproductive health product is any product ap-
proved, licensed, granted authorization, or cleared by the 
Food and Drug Administration that is used to diagnose, 
prevent, manage, treat, or terminate pregnancy, or diag-
nose, prevent, manage, or treat indications or conditions 
that occur during or are related to pregnancy, or other-
wise relate to or affect the reproductive system; 
Whereas reproductive rights and bodily autonomy face a re-
newed, relentless assault by State governments and re-
cent decisions by the Supreme Court; 
Whereas antiabortion State governments have increased their 
efforts to limit, if not outright ban, reproductive health 
products; 
Whereas, under the Supremacy Clause of the United States 
Constitution, Federal laws take precedence over any con-
flicting State laws; 
Whereas Congress delegated to the Food and Drug Adminis-
tration sole authority to approve, license, grant author-
ization for, or clear reproductive health products and 
evaluate the safety and effectiveness of such products in 
the United States through the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 301 et seq.) and the Public 
Health Service Act (42 U.S.C. 201 et seq.); 
Whereas Federal law preempts conflicting State laws that 
prohibit or limit access to or use of any reproductive 
health product; 
Whereas mifepristone is safe and effective, and has been ap-
proved by the Food and Drug Administration for medica-
tion abortion for more than 20 years; 
Whereas medication abortion accounts for half of all preg-
nancy terminations in the United States; and 
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•HRES 1434 IH 
Whereas antiabortion State governments are attempting to 
ignore the preemptive effect of Federal law to strip away 
access to or use of reproductive health products: Now, 
therefore, be it 
Resolved, That the House of Representatives— 
(1) reaffirms— 
(A) the well-established authority of the 
Food and Drug Administration to approve, li-
cense, grant authorization for, or clear repro-
ductive health products under the Federal 
Food, Drug, and Cosmetic Act (21 U.S.C. 301 
et seq.) and the Public Health Service Act (42 
U.S.C. 201 et seq.) (including regulations 
thereunder); and 
(B) the preemptive effect of those Federal 
laws on any law, requirement, regulation, 
standard, or other provision enacted, otherwise 
established, or enforced by any State or polit-
ical subdivision of a State that prohibits or lim-
its access to or use of any reproductive health 
product; 
(2) recognizes that the affirmation of the pre-
emptive effect of regulation by the Food and Drug 
Administration of reproductive health products shall 
not be construed to limit the preemptive effect of ap-
proval, licensure, authorization, or clearance by the 
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•HRES 1434 IH 
Food and Drug Administration of products that are 
not reproductive health products or the preemptive 
effect of any other Federal law; and 
(3) affirms the authority of the Attorney Gen-
eral to enforce the preemptive effect of Federal laws 
and regulations by taking appropriate civil action on 
behalf of the United States against any State or po-
litical subdivision of a State that prohibits or limits 
access to or use of any reproductive health product. 
Æ 
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