Title: 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.
Policy area: Health

Summary:
This resolution affirms that there is well-established authority for the Food and Drug Administration to approve, license, and otherwise regulate reproductive health products under the Federal Food, Drug, and Cosmetic Act and the Public Health Service Act.
The resolution also affirms that (1) such federal laws preempt (i.e., supersede conflicting state or local laws) any state or local laws that prohibit or limit access to or use of any reproductive health product, and (2) the Department of Justice has authority to enforce the preemptive effect of such federal laws by suing any state or political subdivision of a state that prohibits or limits access to or use of any reproductive health product.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 1434 Introduced in House (IH)]

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117th CONGRESS
  2d Session
H. RES. 1434

  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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 14, 2022

  Mr. Jones (for himself, Ms. DeGette, Ms. Newman, Mr. Espaillat, Ms. 
 Titus, Ms. Velazquez, Mr. Garcia 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 Louisiana, 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. Lofgren) submitted the following 
resolution; which was referred to the Committee 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 jurisdiction 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.

Whereas a reproductive health product is any product approved, licensed, granted 
        authorization, or cleared by the Food and Drug Administration that is 
        used to diagnose, prevent, manage, treat, or terminate pregnancy, or 
        diagnose, prevent, manage, or treat indications or conditions that occur 
        during or are related to pregnancy, or otherwise relate to or affect the 
        reproductive system;
Whereas reproductive rights and bodily autonomy face a renewed, relentless 
        assault by State governments and recent 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 conflicting State laws;
Whereas Congress delegated to the Food and Drug Administration sole authority to 
        approve, license, grant authorization 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 approved by the Food 
        and Drug Administration for medication abortion for more than 20 years;
Whereas medication abortion accounts for half of all pregnancy terminations in 
        the United States; and
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, license, grant 
                authorization for, or clear reproductive 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 political subdivision of a State that 
                prohibits or limits access to or use of any 
                reproductive health product;
            (2) recognizes that the affirmation of the preemptive 
        effect of regulation by the Food and Drug Administration of 
        reproductive health products shall not be construed to limit 
        the preemptive effect of approval, licensure, authorization, or 
        clearance by the 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 General 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 political subdivision of a State 
        that prohibits or limits access to or use of any reproductive 
        health product.
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