Title: 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.
Policy area: Health

Summary:
This concurrent resolution expresses opposition to the application of criminal laws to pregnancy outcomes and affirms that people deserve access to high-quality health care without fear of reprisal or punishment.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H. Con. Res. 89 Introduced in House (IH)]

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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. Velazquez, 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. Cardenas, 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. Barragan, 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. Garcia 
 of Illinois, Mr. DeSaulnier, Ms. Scanlon, Ms. Stevens, Mr. Carter of 
   Louisiana, Ms. Craig, Ms. Stansbury, Ms. Sanchez, Mr. Welch, Mr. 
Quigley, Mr. Brown of Maryland, Mr. Gallego, Ms. Jayapal, Ms. Clark of 
  Massachusetts, Mrs. Cherfilus-McCormick, 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 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;
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 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
    Resolved by the House of Representatives (the Senate concurring), 
That Congress--
            (1) condemns the misapplication of criminal laws to punish 
        people for the outcomes of their pregnancies;
            (2) affirms that people deserve access to high-quality 
        health care without fear of reprisal or punishment;
            (3) condemns the criminalization of providing essential 
        health care;
            (4) affirms the ethical obligations of health care 
        providers to safeguard patient privacy; and
            (5)(A) declares a vision for a future where access to 
        abortion, contraception, and gender-affirming care is 
        universally free from restrictions and bans and people are able 
        to manage care on their own terms free from discrimination or 
        punishment; and
            (B) affirms Congress' commitment to working toward this 
        goal in partnership with providers, patients, advocates, and 
        their communities.
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