I 

118TH CONGRESS 

1ST SESSION H. R. 5806 

To amend title 18, United States Code, to prohibit chemical abortions, and 

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 28, 2023 

Mr. OGLES (for himself, Mrs. HARSHBARGER, Mr. DUNCAN, Mr. WEBER of 

Texas, Mrs. MILLER of Illinois, Mr. MOORE of Alabama, Mr. KELLY of 

Mississippi, Mr. GOSAR, Mr. ARRINGTON, Mr. CRENSHAW, Mr. CLYDE, 

Mr. ALLEN, Mr. SELF, and Mr. ADERHOLT) introduced the following bill; 

which was referred to the Committee on the Judiciary 

A BILL 

To amend title 18, United States Code, to prohibit chemical 

abortions, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Ending Chemical 

5 Abortions Act of 2023’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 

8 (1) In 2000, the Food and Drug Administra9 tion approved chemical abortion drugs for use in the 


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1 United States. The agency illegally categorized preg2 nancy as an illness and asserted chemical abortion 

3 drugs provide a meaningful therapeutic benefit. 

4 (2) In 2016, the Food and Drug Administra5 tion reduced the number of doctor visits required for 

6 administration of chemical abortion drugs from 3 

7 visits to 1 visit. The agency also removed the re8 quirement for both the in-person administration of 

9 misoprostol and a subsequent follow-up appointment. 

10 At this time, the agency also expanded the avail11 ability of inducing a chemical abortion from 7 to 10 

12 weeks. 

13 (3) In 2021, the Food and Drug Administra14 tion eliminated the in-person dispensing requirement 

15 for chemical abortion drugs, purporting to allow 

16 these drugs to be dispensed by mail in violation of 

17 longstanding Federal law. 

18 (4) When compared to surgical abortions, chem19 ical abortions are consistently more likely to result 

20 in complications that are miscoded as a spontaneous 

21 abortion or ‘‘miscarriage’’. 

22 (5) According to the Guttmacher Institute, the 

23 Abortion Industry’s think tank, since 2000, the ad24 ministration of mifepristone and misoprostol has 


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1 grown to comprise over 50 percent of all induced 

2 abortions in the United States. 

3 (6) There is a four times higher risk of experi4 encing complications due to a chemical abortion than 

5 a surgical abortion. 

6 SEC. 3. RENAMING CHAPTER 74 OF TITLE 18, UNITED 

7 STATES CODE. 

8 The table of chapters for part I of title 18, United 

9 States Code, is amended by striking the item related to 

10 chapter 74 and inserting the following: 

‘‘74. Abortion crimes.’’. 

11 SEC. 4. CHEMICAL ABORTIONS PROHIBITED. 

12 (a) IN GENERAL.—Chapter 74 of title 18, United 

13 States Code, is amended by inserting after section 1531 

14 the following: 

15 ‘‘§ 1532. Chemical abortions 

16 ‘‘(a) PROHIBITION.—Notwithstanding any other pro17 vision of law, whoever prescribes, dispenses, distributes, 

18 or sells, any drug, medication, or chemical for the purpose 

19 of procuring or performing an abortion on any woman, 

20 shall be imprisoned for not more than 25 years, fined 

21 under this title, or both. 

22 ‘‘(b) EXCEPTIONS.—Subsection (a) shall not apply to 

23 any of the following: 

24 ‘‘(1) The sale, use, prescription or administra25 tion of any contraceptive agent administered before 


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1 conception or before pregnancy can be confirmed 

2 through conventional testing. 

3 ‘‘(2) The treatment of a miscarriage according 

4 to medical guidelines as accepted as of the date of 

5 the miscarriage. 

6 ‘‘(3) In the case where a woman suffers from 

7 a physical disorder, physical injury, or physical ill8 ness, including a life-endangering physical condition 

9 caused by or arising from the pregnancy itself, that 

10 would, as certified by a physician, place the woman 

11 in danger of death. 

12 ‘‘(c) BAR TO PROSECUTION.—A woman upon whom 

13 a chemical abortion is performed or attempted may not 

14 be criminally prosecuted under this section. 

15 ‘‘(d) DEFINITIONS.—In this section: 

16 ‘‘(1) ABORTION.—The term ‘abortion’ means 

17 intentionally terminating the pregnancy of a woman 

18 known to be pregnant, with an intention other 

19 than— 

20 ‘‘(A) to produce a live birth; 

21 ‘‘(B) to remove a dead unborn child caused 

22 by miscarriage; or 

23 ‘‘(C) to treat an ectopic or molar preg24 nancy. 


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1 ‘‘(2) PREGNANT; PREGNANCY.—The term ‘preg2 nant’ or ‘pregnancy’ refers to the human female re3 productive condition of having a living unborn child 

4 within her body throughout the entire embryonic and 

5 fetal stages from fertilization to full gestation and 

6 childbirth. 

7 ‘‘(3) UNBORN CHILD.—The term ‘unborn child’ 

8 means an individual organism of the species homo 

9 sapiens, beginning at fertilization, until the point of 

10 being born alive as defined in section 8(b) of title 1, 

11 United States Code.’’. 

12 (b) CLERICAL AMENDMENT.—The table of sections 

13 for chapter 74 of title 18, United States Code, is amended 

14 by inserting after the item relating to section 1531 the 

15 following: 

‘‘1532. Chemical abortions.’’. 

Æ 


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