Whereas all people have a fundamental right to make personal, private health care decisions about their own bodies, lives, and futures;

Whereas access to medication abortion is essential to protecting that fundamental right and does not violate Federal law, as confirmed by the December 23, 2022, Department of Justice’s Office of Legal Counsel Memorandum Opinion entitled ‘‘Application of the Comstock Act to the Mailing of Prescription Drugs That Can Be Used for Abortions’’;

Whereas telehealth services for medication abortion are safe and dramatically improve accessibility of reproductive health care services;

Whereas the drug mifepristone was appropriately approved under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.):

This resolution may be cited as the ‘‘Freedom to Decide Act’’.

It is the sense of Congress to—

• affirm the existing authority to distribute medication abortion under Federal law, as confirmed by the December 23, 2022, Department of Justice’s Office of Legal Counsel Memorandum Opinion for the General Counsel of the United States Postal Service which states in part that ‘‘Section 1461 of title 18 of the U.S. Code does not prohibit the mailing of certain drugs that can be used to perform abortions where the sender lacks the intent that the recipient of the drugs will use them unlawfully.’’;
• condemn restrictions on access to and coverage of reproductive health care, including medication abortion like mifepristone.