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.

Bill: 117-hres-1434
Sponsor: Rep. Jones, Mondaire [D-NY-17]
Introduced: 2022-10-14 in the House
Policy area: Health
Subjects: Civil actions and liability
Department of Justice
Family planning and birth control
Federal preemption
Food and Drug Administration (FDA)
Health technology, devices, supplies
Licensing and registrations
Medical tests and diagnostic methods
Sex and reproductive health

Summary:
action_date: 2022-10-14
text: 
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.

action_date: 2022-12-21
text: 
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.


Legislative actions:
action_date: 2022-12-21
text: Pursuant to the provisions of H. Res. 1529, H. Res. 1434 is considered passed House.
action_date: 2022-12-21
text: Passed/agreed to in House: Pursuant to the provisions of H. Res. 1529, H. Res. 1434 is considered passed House.
action_date: 2022-10-17
text: Referred to the Subcommittee on Health.
action_date: 2022-10-14
text: 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.
action_date: 2022-10-14
text: 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.
action_date: 2022-10-14
text: Introduced in House
action_date: 2022-10-14
text: Introduced in House