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

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H. Res. 1434

                In the House of Representatives, U. S.,

                                                     December 21, 2022.
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.
            Attest:

                                                                          Clerk.