What This Bill Does
This concurrent resolution expresses Congress's support for access to medication abortion in the United States. The resolution affirms that distributing medication abortion drugs does not violate federal law, based on a legal opinion from the Department of Justice. The resolution also opposes restrictions on access to and coverage of reproductive health care services, including medication abortion.
Who It Affects
The bill does not specify who it directly affects.
Key Provisions
• Congress affirms that federal law allows the mailing of drugs used for abortion when the sender does not intend for the recipient to use them unlawfully (Sec. 2(1))
• Congress opposes restrictions on access to and coverage of reproductive health care, including medication abortion like mifepristone (Sec. 2(2))
What Changes
Not specified in bill text. This is a concurrent resolution expressing the sense of Congress rather than creating new law or changing existing law.
Important Definitions
• Medication abortion: Not defined in bill text
• Mifepristone: A drug that can be used to perform abortions, mentioned in the bill but not formally defined
Effective Date
Not specified in bill text
IV
118TH CONGRESS
1ST SESSION
H. CON. RES. 33
Expressing support for access to medication abortion in the United States.
IN THE HOUSE OF REPRESENTATIVES
APRIL 13, 2023
Mr. GOTTHEIMER (for himself, Ms. CROCKETT, and Ms. CRAIG) submitted the
following concurrent resolution; which was referred to the Committee on
Energy and Commerce, and in addition to the Committee on the Judici-
ary, for a period to be subsequently determined by the Speaker, in each
case for consideration of such provisions as fall within the jurisdiction of
the committee concerned
CONCURRENT RESOLUTION
Expressing support for access to medication abortion in the
United States.
Whereas all people have a fundamental right to make per-
sonal, private health care decisions about their own bod-
ies, lives, and futures;
Whereas access to medication abortion is essential to pro-
tecting that fundamental right and does note violate Fed-
eral law, as confirmed by the December 23, 2022, De-
partment of Justice’s Office of Legal Counsel Memo-
randum Opinion entitled ‘‘Application of the Comstock
Act to the Mailing of Prescription Drugs That Can Be
Used for Abortions’’;
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•HCON 33 IH
Whereas telehealth services for medication abortion are safe
and dramatically improve accessibility of reproductive
health care services; and
Whereas the drug mifepristone was appropriately approved
under the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 301 et seq.): Now, therefore, be it
Resolved by the House of Representatives (the Senate
1
concurring),
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SECTION 1. SHORT TITLE.
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This resolution may be cited as the ‘‘Freedom to De-
4
cide Act’’.
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SEC. 2. SENSE OF CONGRESS.
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It is the sense of Congress to—
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(1) affirm the existing authority to distribute
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medication abortion under Federal law, as confirmed
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by the December 23, 2022, Department of Justice’s
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Office of Legal Counsel Memorandum Opinion for
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the General Counsel of the United States Postal
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Service which states in part that ‘‘Section 1461 of
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title 18 of the U.S. Code does not prohibit the mail-
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ing of certain drugs that can be used to perform
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abortions where the sender lacks the intent that the
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recipient of the drugs will use them unlawfully.’’;
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and
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•HCON 33 IH
(2) condemn restrictions on access to and cov-
1
erage of reproductive health care, including medica-
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tion abortion like mifepristone.
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Æ
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