[Congressional Record Volume 168, Number 199 (Wednesday, December 21, 2022)]
[House]
[Pages H9973-H9974]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  REAFFIRMING THE PREEMPTIVE AUTHORITY OF THE FEDERAL FOOD, DRUG, AND 
 COSMETIC ACT AND THE PUBLIC HEALTH SERVICE ACT WITH RESPECT TO STATE 
 LAWS THAT INHIBIT ACCESS TO OR USE OF ANY REPRODUCTIVE HEALTH PRODUCT

  The SPEAKER pro tempore. Pursuant to House Resolution 1529, H. Res. 
1434 is considered as adopted.
  The text of the resolution is as follows:

                              H. Res. 1434

       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;

[[Page H9974]]

       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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