IV 

117TH CONGRESS 

2D SESSION H. CON. RES. 89 

Expressing opposition to the criminalization of essential health care, including 

the full range of sexual and reproductive health care such as abortion, 

gender-affirming care, and contraceptive care, and disapproving of the 

criminalization of pregnancy outcomes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 12, 2022 

Ms. WILLIAMS of Georgia (for herself, Ms. ADAMS, Ms. DEGETTE, Ms. 

ESCOBAR, Ms. LOIS FRANKEL of Florida, Ms. GARCIA of Texas, Ms. JACOBS of California, Mrs. LAWRENCE, Ms. LEE of California, Ms. 

PRESSLEY, Ms. SPEIER, Mr. CONNOLLY, Ms. VELA ́ZQUEZ, Ms. WILSON

of Florida, Ms. NORTON, Ms. CHU, Mrs. CAROLYN B. MALONEY of New 

York, Mrs. WATSON COLEMAN, Ms. SCHAKOWSKY, Ms. JACKSON LEE, 

Ms. BUSH, Mr. BLUMENAUER, Mr. JOHNSON of Georgia, Mr. JONES, Ms. 

WASSERMAN SCHULTZ, Ms. NEWMAN, Ms. SEWELL, Ms. TLAIB, Mr. 

HORSFORD, Ms. CLARKE of New York, Ms. MOORE of Wisconsin, Mr. 

AUCHINCLOSS, Mr. KHANNA, Mr. CA ́RDENAS, Mrs. FLETCHER, Mr. DOGGETT, Ms. BASS, Mr. ESPAILLAT, Mr. TORRES of New York, Mr. GRIJALVA, Mr. TRONE, Mr. LAWSON of Florida, Mr. CARSON, Mr. TAKANO, 

Mr. CLEAVER, Mr. CARBAJAL, Ms. TITUS, Mr. DANNY K. DAVIS of Illinois, Ms. ROSS, Ms. LOFGREN, Mr. MORELLE, Ms. BARRAGA ́N, Ms. 

OMAR, Ms. BONAMICI, Ms. DELBENE, Mr. PETERS, Mr. POCAN, Mr. 

CASE, Ms. BROWNLEY, Mr. CROW, Ms. MENG, Mr. MCGOVERN, Mr. 

PAYNE, Ms. PORTER, Mrs. TRAHAN, Mr. RASKIN, Mrs. TORRES of California, Mr. COHEN, Mr. GREEN of Texas, Mr. BOWMAN, Mr. SWALWELL, 

Mr. LOWENTHAL, Mr. MCEACHIN, Mr. LEVIN of Michigan, Mr. CASTEN, 

Mrs. NAPOLITANO, Mr. KILMER, Mr. LARSON of Connecticut, Mr. SOTO, 

Mr. MOULTON, Ms. MCCOLLUM, Ms. MANNING, Mr. EVANS, Mr. 

DEUTCH, Mrs. MCBATH, Mrs. LEE of Nevada, Ms. JOHNSON of Texas, 

Mr. CICILLINE, Ms. MATSUI, Mr. SHERMAN, Ms. DEAN, Mr. RYAN, Mr. 

SCHNEIDER, Ms. BOURDEAUX, Mr. VEASEY, Mr. DEFAZIO, Ms. KELLY

of Illinois, Mr. GARCI ́A of Illinois, Mr. DESAULNIER, Ms. SCANLON, Ms. 

STEVENS, Mr. CARTER of Louisiana, Ms. CRAIG, Ms. STANSBURY, Ms. 

SA ́NCHEZ, Mr. WELCH, Mr. QUIGLEY, Mr. BROWN of Maryland, Mr. 

GALLEGO, Ms. JAYAPAL, Ms. CLARK of Massachusetts, Mrs. CHERFILUSMCCORMICK, Mr. SCOTT of Virginia, Mr. PRICE of North Carolina, Mr. 

NADLER, Mr. CARTWRIGHT, Mrs. BEATTY, and Mr. PHILLIPS) submitted 

the following concurrent resolution; which was referred to the Committee 


kjohnson on DSK79L0C42PROD with BILLS
2 

•HCON 89 IH 

on Energy and Commerce, and in addition to the Committee on the Judiciary, 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 opposition to the criminalization of essential 

health care, including the full range of sexual and reproductive health care such as abortion, gender-affirming 

care, and contraceptive care, and disapproving of the 

criminalization of pregnancy outcomes. 

Whereas access to the full range of sexual, gender-affirming, 

and reproductive health care, including abortion, is essential to the health and well-being of all people; 

Whereas reproductive and sexual health care providers, and 

those who support people making important health care 

decisions, provide high-quality, essential health care and 

play a critical role in ensuring people are able to make 

decisions about their bodies and lives with dignity, empathy, compassion, and respect; 

Whereas no one should be criminalized for providing essential 

health care; 

Whereas no one should be criminalized for their pregnancy 

outcomes, for using contraception, or for obtaining gender-affirming care; 

Whereas States and localities have attempted to prohibit 

health care providers from providing gender-affirming 

and reproductive health care, including abortion care, to 

patients; 


kjohnson on DSK79L0C42PROD with BILLS
3 

•HCON 89 IH 

Whereas people have been prosecuted in the United States 

for their actions during pregnancy that allegedly caused 

harm or risk to their pregnancies; 

Whereas people have been forced to undergo unwanted medical procedures or surgical interventions including involuntary sterilization and cesarean sections, prosecuted for 

not seeking health care, prosecuted for experiencing a 

miscarriage or stillbirth, criminalized for alcohol and 

drug use during pregnancy, and prosecuted for self-managing an abortion; 

Whereas groups like the American Medical Association, 

American Public Health Association, American Academy 

of Pediatrics, American Society of Addiction Medicine, 

the American College of Obstetricians and Gynecologists, 

the American Bar Association, and others oppose the 

criminalization of health care provision and the criminalization of pregnancy outcomes; 

Whereas the threat of criminalization or prosecution can result in negative outcomes by intimidating people from 

seeking or providing care; 

Whereas abortion and gender-affirming care have become increasingly restricted in the United States; 

Whereas research shows there is an increased need and demand for pills to self-manage an abortion in States with 

abortion restrictions, and that self-managed abortion with 

access to medications and accurate information is safe; 

Whereas the reasons why people self-manage an abortion are 

varied and valid; 

Whereas health care providers have an ethical obligation to 

provide essential care to their patients and to protect the 


kjohnson on DSK79L0C42PROD with BILLS
4 

•HCON 89 IH 

private medical information integral to the patient-provider relationship; 

Whereas even when charges are dropped or the defendant is 

exonerated, the turmoil caused by arrest or prosecution 

is irreparable; 

Whereas several States have taken steps to repeal or reform 

laws that had been used to criminalize pregnancy outcomes and to increase access to abortion, contraception, 

and gender-affirming care; 

Whereas Black, indigenous, and people of color, people with 

low incomes, LGBTQ+ individuals, and other 

marginalized individuals are disproportionately likely to 

be surveilled, arrested, charged, prosecuted, convicted, 

and heavily punished within the criminal justice system; 

Whereas Black, indigenous, and people of color, people with 

low incomes, LGBTQ+ individuals, and other 

marginalized individuals are more likely, due to persistent 

disparities, to experience adverse pregnancy outcomes 

that place them under the scrutiny of the legal system; 

and 

Whereas punishing people for their pregnancy outcomes or 

for providing essential reproductive and sexual health 

care violates their fundamental rights: Now, therefore, be 

it 

1 Resolved by the House of Representatives (the Senate 

2 concurring), That Congress— 

3 (1) condemns the misapplication of criminal 

4 laws to punish people for the outcomes of their preg5 nancies; 


kjohnson on DSK79L0C42PROD with BILLS
5 

•HCON 89 IH 

1 (2) affirms that people deserve access to high2 quality health care without fear of reprisal or pun3 ishment; 

4 (3) condemns the criminalization of providing 

5 essential health care; 

6 (4) affirms the ethical obligations of health care 

7 providers to safeguard patient privacy; and 

8 (5)(A) declares a vision for a future where ac9 cess to abortion, contraception, and gender-affirming 

10 care is universally free from restrictions and bans 

11 and people are able to manage care on their own 

12 terms free from discrimination or punishment; and 

13 (B) affirms Congress’ commitment to working 

14 toward this goal in partnership with providers, pa15 tients, advocates, and their communities. 

Æ 


kjohnson on DSK79L0C42PROD with BILLS