United States 116th Congress Status: In Committee 1 D cosponsors

HR 2669 — Medical Device Safety Act

Last action — Referred to the Subcommittee on Health.

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 116th Congress. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Medical Device Safety Act This bill specifies that an action for damages or a person's liability under state law is not affected by the federal prohibition on state or local requirements regarding medical devices. The bill is retroactively effective.

Bill Text

Sections of law this bill changes

1 section in 1 law

From the bill's own amending language, matched to the official United States Code (current through Public Law 119-121).

Federal food, drug, and cosmetic act · 21 U.S.C. ch. 9 1 section
  • § 360k State and local requirements respecting devices Amends

    21 U.S.C. § 360k

    The law today

    (a) General rule Except as provided in subsection (b), no State or political subdivision of a State may establish or continue in effect with respect to a device intended for human use any requirement— (1) which is different from, or in addition to, any requirement applicable under this chapter to the device, and (2) which relates to the safety or effectiveness of the device or to any other matter included in a requirement applicable to the device under this chapter. (b) Exempt requirements Upon application of a State or a political subdivision thereof, the Secretary may, by regulation promulgated after notice and opportunity for an oral hearing, exempt from subsection (a), under such conditions as may be prescribed in such regulation, a requirement of such State or political subdivision applicable to a device intended for human use if— (1) the requirement is more stringent than a requirement under this chapter which would be applicable to the device if an exemption were not in effect under this subsection; or (2) the requirement— (A) is required by compelling local conditions, and (B) compliance with the requirement would not cause the device to be in violation of any applicable requirement under this chapter.

    1 other bill also changes this section · Follow it → Official text at uscode.house.gov ↗

How this bill changes current law

1 change Share ↗

Compared against current U.S. Code AI-generated reading aid — verify against the official bill.

The bill adds a provision clarifying that the existing law does not modify or affect liability under state law regarding damages related to medical devices.

  • 21 U.S.C. 360k

    (c) No Effect on Liability Under State Law.--Nothing in this section shall be construed to modify or otherwise affect any action for damages or the liability of any person under the law of any State.

    This addition clarifies that federal law does not alter state liability laws.

Action History

  1. Referred to the Subcommittee on Energy.

  2. Referred to the Subcommittee on Health.

  3. Introduced in House

  4. Introduced in House

  5. Referred to the House Committee on Energy and Commerce.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 546 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (546)

546 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

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Frequently asked questions

What does HR 2669 do?
Medical Device Safety Act This bill specifies that an action for damages or a person's liability under state law is not affected by the federal prohibition on state or local requirements regarding medical devices. The bill is retroactively effective.
Who sponsors HR 2669?
HR 2669 is sponsored by DeLauro, Rosa L. (Democratic).
What is the current status of HR 2669?
This bill died with 116th Congress. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HR 2669?
Track HR 2669 free on One Click Politics — get push/email alerts when it moves.

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Last checked for changes 3 months ago · updated continuously

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