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.
Latest action. Pursuant to the provisions of H. Res. 1529, H. Res. 1434 is considered passed House.
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.
Written by analysts at the Congressional Research Service and published on Congress.gov, not by Civibrief. Summarized at the "Passed House" stage on December 21, 2022. It describes the bill, it is not the legal text.
Where is it in the process, and what happens next?
A simple resolution is the business of a single chamber. The House can adopt it on its own, and it is never sent to the other chamber or to the President.
The record's latest action, on December 21, 2022: Pursuant to the provisions of H. Res. 1529, H. Res. 1434 is considered passed House.
What is a simple resolution, exactly?
A simple resolution concerns one chamber only, such as its own rules or an expression of its opinion. The other chamber and the President play no part, and it does not carry the force of law.
Has anyone actually voted on it?
No. No roll call in this Congress cites this measure. That is the ordinary outcome: most measures never reach a recorded floor vote, and a committee ends most of them simply by not acting.
A vote is not the only thing that happens to a measure. Hearings, markups, and referrals are all recorded actions, and none of them is a vote of the full chamber.
Who is behind it?
Mondaire Jones (D-NY) introduced it on October 14, 2022, and 38 members have since signed on as cosponsors.
They are 38 Democrats.
Cosponsoring is a formal signature on the text. It is not a commitment to vote for the measure, it does not bind anyone's party, and a long list of cosponsors is a measure of attention rather than of prospects.
How long has it been in play?
It was introduced on October 14, 2022, 1427 days ago. The most recent recorded action was 1359 days ago, on December 21, 2022.
Measures do not carry over. Anything the 117th Congress has not finished by January 3, 2023 dies when the term ends, and has to be introduced again from the start in the next Congress.
That deadline applies to this measure too, even though it was never headed for the President's desk.
Every answer above is assembled from this measure's own record on Congress.gov and from published counts of what Congress has passed before. Civibrief does not predict outcomes and takes no position on any measure.
Vote history
- HousePassed
- SenateAwaiting Senate vote
- PresidentAwaits both chambers