[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 309 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. RES. 309
Expressing the sense of the House of Representatives that the Food and
Drug Administration has the authority to approve drugs for abortion
care.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 19, 2023
Ms. Manning (for herself, Ms. Caraveo, Ms. Meng, Ms. Norton, Mr.
Connolly, Mr. Higgins of New York, Mr. Pappas, Ms. Chu, Mr. Deluzio,
Ms. Pressley, Mr. Tonko, Ms. Crockett, Ms. Tokuda, Ms. Budzinski, Mr.
Ivey, Mr. Schneider, Ms. Salinas, Mr. Panetta, Ms. Pettersen, Ms.
Schakowsky, Mr. Casar, Ms. Porter, Mr. Mrvan, Mr. Larsen of Washington,
Ms. Scanlon, Mr. Nickel, Ms. Williams of Georgia, Mrs. Sykes, Ms.
Escobar, Ms. Wild, Mr. Auchincloss, Mr. Landsman, Ms. Titus, and Ms.
Moore of Wisconsin) submitted the following resolution; which was
referred to the Committee on Energy and Commerce
_______________________________________________________________________
RESOLUTION
Expressing the sense of the House of Representatives that the Food and
Drug Administration has the authority to approve drugs for abortion
care.
Whereas Congress has entrusted the Food and Drug Administration (FDA) with the
safety of the United States people for more than 80 years;
Whereas, on June 25, 1938, President Franklin D. Roosevelt signed the Federal
Food, Drug, and Cosmetic Act (FFDCA) into law, authorizing the FDA to
oversee, regulate, and approve new drugs;
Whereas, on October 10, 1962, President John F. Kennedy signed the Kefauver-
Harris Amendments to the FFDCA into law, charging the FDA with the
authority to approve new drugs that were established by manufacturers to
be proven safe and effective;
Whereas, since the enactment of the FFDCA, the FDA has approved more than 19,000
prescription drug products for marketing;
Whereas, on July 19, 1996, the FDA's Reproductive Health Drugs Advisory
Committee voted that mifepristone was safe for use and effective;
Whereas, on September 28, 2000, the FDA approved the use of mifepristone for
medical termination of pregnancy after a nearly 5-year review process;
Whereas, in August 2008, an audit of the approval and oversight of mifepristone
by the Government Accountability Office found that the approval of
mifepristone was consistent with the approval and oversight of other
drugs;
Whereas mifepristone is used in more than half of abortion procedures
nationwide;
Whereas the safety and efficacy of medication abortion is supported by over two
decades of scientific research and data collection;
Whereas there is overwhelming evidence that medication abortion is safe and
effective for virtually anyone who wants to end an early pregnancy, with
a safety record of over 99 percent;
Whereas more than 5,000,000 people in the United States have used mifepristone
since its approval to safely end pregnancies at home and at health care
centers, to safely treat miscarriages, and in other reproductive health
care;
Whereas access to mifepristone remains a lifeline for millions of Americans who
seek reproductive health care;
Whereas, on April 7, 2023, the United States District Court for the Northern
District of Texas issued an injunction that stayed the FDA's approval of
mifepristone; and
Whereas, on April 7, 2023, the United States District Court for the Eastern
District of Washington issued an injunction that preliminarily enjoined
the FDA to refrain from making changes to its approval of mifepristone
in the plaintiffs' States of Arizona, Colorado, Connecticut, Delaware,
Hawaii, Illinois, Maine, Maryland, Michigan, Minnesota, Nevada, New
Mexico, Oregon, Pennsylvania, Rhode Island, Vermont, and Washington, and
the District of Columbia: Now, therefore, be it
Resolved, That it is the sense of the House of Representatives
that--
(1) by enacting the Federal Food, Drug, and Cosmetic Act
and subsequent amendments, Congress intended for and authorized
the Food and Drug Administration to review and approve drug
applications under its expert authority;
(2) Congress intended the provisions of the Federal Food,
Drug, and Cosmetic Act to govern any review of Food and Drug
Administration approval decisions to ensure that such decisions
are given due deference, are based on scientifically driven
assessments made by experts at Food and Drug Administration,
and maximize the public's access to life- and health-preserving
medications;
(3) Congress did not intend for Federal courts to engage in
independent judicial review of the scientific evidence before
the Food and Drug Administration and make their own findings
about a drug's safety and efficacy;
(4) a Federal court's attempt to reverse mifepristone's
approval represents a violation of the intent of Congress in
passing the Federal Food, Drug, and Cosmetic Act;
(5) the stay of mifepristone's approval by a district court
represents a threat to other duly Food and Drug Administration-
regulated products; and
(6) all people living in the United States should have the
ability to make decisions about their own lives, futures, and
reproductive health care, including abortion.
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