Bill Details

HR.795 - 119th Congress

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This bill would stop the Department of Health and Human Services, including the Food and Drug Administration, from treating pregnancy as a disease or illness when deciding whether to approve abortion drugs. It would also block the agency from using that idea to create or keep special safety rules for those drugs. In addition, the bill would cancel any existing abortion drug approvals that were made, even partly, on the theory that pregnancy is an illness. That would include the current approval of mifepristone.

  • It tells HHS and the FDA not to treat pregnancy as an illness when reviewing abortion drugs.
  • It would prevent the FDA from approving abortion drugs under the usual drug approval rules if that approval depends on calling pregnancy an illness.
  • It would also stop the FDA from creating or continuing extra safety requirements for abortion drugs based on that idea.
  • Any approval already in place that relied on treating pregnancy as an illness would be canceled, including the approval for mifepristone.

Official Summaries

Pregnancy Is Not an Illness Act of 2025

This bill prohibits the Food and Drug Administration (FDA) from treating pregnancy as an illness for the purposes of approving any abortion drug or imposing a risk evaluation and mitigation strategy for an abortion drug. The bill also nullifies FDA approval of any abortion drug that relied at all on the treatment of pregnancy as an illness, and specifically nullifies the FDA’s approval of the abortion drug mifepristone in effect before the bill is enacted.

Current Full Text

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 795 Introduced in House (IH)]

<DOC>






119th CONGRESS
  1st Session
                                H. R. 795

 To prohibit the Department of Health and Human Services from treating 
   pregnancy as an illness for purposes of approving abortion drugs.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 28, 2025

  Mrs. Miller of Illinois (for herself, Mr. Babin, Mr. Moore of West 
Virginia, Mr. Ogles, Mr. Webster of Florida, Ms. Tenney, Mr. Harris of 
Maryland, and Mr. Weber of Texas) introduced the following bill; which 
          was referred to the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
 To prohibit the Department of Health and Human Services from treating 
   pregnancy as an illness for purposes of approving abortion drugs.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Pregnancy Is Not an Illness Act of 
2025''.

SEC. 2. PROHIBITION AGAINST TREATING PREGNANCY AS ILLNESS FOR PURPOSES 
              OF APPROVING ABORTION DRUGS.

    (a) Prohibition.--The Department of Health and Human Services, 
including the Food and Drug Administration, shall not treat pregnancy 
as an illness for purposes of--
            (1) approving any abortion drug under section 505 of the 
        Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355); or
            (2) imposing or maintaining any risk evaluation and 
        mitigation strategy for an abortion drug under section 505-1 of 
        such Act (21 U.S.C. 355-1).
    (b) Nullification of Approvals in Effect.--
            (1) In general.--Any prohibited approval of an abortion 
        drug is hereby nullified.
            (2) Prohibited approval defined.--In this subsection, the 
        term ``prohibited approval of an abortion drug''--
                    (A) means any approval of an abortion drug under 
                section 505 of the Federal Food, Drug, and Cosmetic Act 
                (21 U.S.C. 355) that relied in whole or in part on the 
                treatment of pregnancy as illness; and
                    (B) includes the approval of mifepristone in effect 
                under such section 505 on the day before the date of 
                enactment of this Act.
                                 <all>