Ensuring Justice for Victims of Partial-Birth Abortion Act

Bill Number

H.R. 895

Origin Chamber

House

Congress

119th Congress, Session 1

Policy Area

Crime and Law Enforcement

Status

Introduced

Latest Action

2025-01-31: Referred to the House Committee on the Judiciary.

Last Updated

2025-05-08T08:06:18Z

AI-Generated Summary

Purpose

This legislation aims to strengthen the enforcement of the federal ban on partial-birth abortions (a procedure defined in existing law as an abortion where the living fetus is partially delivered before being killed). It mandates investigations, reporting requirements, and oversight to ensure compliance with the Partial-Birth Abortion Ban Act of 2003 (codified at 18 U.S.C. § 1531), addressing perceived lapses in prior enforcement.

Key Provisions

• Specific Investigation: The Attorney General (AG) must investigate whether the 2022 discovery of five babies' remains by the D.C. Metropolitan Police Department involved violations of the partial-birth abortion ban. A detailed report on the investigation, including any enforcement actions, must be submitted to Congress within six months of enactment.
• Mandatory AG Investigations: The AG is required to investigate all alleged violations of the ban and take appropriate enforcement actions, such as prosecutions.
• Mandatory Reporting: Health care practitioners and employees of hospitals, physicians' offices, or abortion clinics who know of a violation must immediately report it to state or federal law enforcement agencies (or both).
• Annual AG Reports: Starting October 1 each year, the AG must submit to the House and Senate Judiciary Committees—and publish on the Department of Justice (DOJ) website—a report detailing:
• Efforts to inform abortion providers about compliance responsibilities.
• The number of alleged violations over the previous 10 years, descriptions of investigation efforts, and outcomes of enforcement actions (e.g., preliminary probes, prosecutions, or charges filed).
• Government Accountability Office (GAO) Review: Within 18 months of enactment, the GAO must review enforcement of the ban from fiscal years 2004 to 2024 and report to the Judiciary Committees with recommendations, focusing on ways to improve enforcement.
• Severability Clause: If any part of the law or its application is ruled unconstitutional, the rest remains in effect.

Significant Changes to Existing Law

• The Partial-Birth Abortion Ban Act of 2003 already prohibits the procedure but lacks explicit mandates for investigations or reporting. This bill adds a direct requirement for the AG to investigate and enforce all alleged violations, creating an affirmative duty where none existed before.
• It introduces mandatory reporting by health care workers, which was not previously required under federal law for this specific ban.
• New annual reporting and a one-time GAO review provide ongoing transparency and evaluation, absent in the original 2003 law.

Potential Impacts

• Government Agencies: The DOJ and AG will face increased workload from mandatory investigations, reporting, and enforcement, potentially requiring more resources for tracking and prosecuting violations. The GAO will conduct a one-time review, adding to its oversight duties.
• Citizens and Health Care Providers: Abortion providers and clinic staff must comply with reporting rules, which could lead to more whistleblower activity and legal scrutiny. Patients and families affected by abortions may see heightened federal involvement in related cases, though the bill focuses on enforcement rather than access.
• International Relations: No direct impacts, as the bill addresses domestic U.S. law enforcement.

Main Stakeholders Affected

• Department of Justice and Attorney General: Primary enforcers, bearing new investigative and reporting obligations.
• Health Care Practitioners and Facilities: Abortion providers, hospitals, physicians' offices, and clinic employees must report violations, facing potential penalties for non-compliance.
• Congress: Receives reports and GAO recommendations, enabling legislative oversight.
• Government Accountability Office: Tasked with reviewing historical enforcement.
• Pro-Life Advocates and Affected Families: Likely to benefit from stronger enforcement, as seen in the bill's reference to the 2022 D.C. case.
• Abortion Rights Groups and Providers: May face operational challenges from increased scrutiny and mandatory reporting.

Notable Legal, Constitutional, or Political Implications

• Legal Implications: The bill reinforces federal criminal penalties (up to life imprisonment or fines under the 2003 ban) by mandating action, but failure to report violations could lead to new civil or criminal liabilities for individuals, though specifics are not detailed. The severability clause protects the law's core from partial invalidation.
• Constitutional Implications: Partial-birth abortion bans have survived challenges (e.g., Gonzales v. Carhart in 2007 upheld the 2003 law as not unduly burdensome under Roe v. Wade's framework), but post-Dobbs v. Jackson Women's Health Organization (2022), which overturned Roe, this could invite renewed litigation over due process, equal protection, or state-federal conflicts in abortion regulation. Mandatory reporting might raise First Amendment concerns if seen as compelling speech.
• Political Implications: Introduced by Republican lawmakers, the bill reflects ongoing partisan divides on abortion policy, emphasizing enforcement amid state-level variations post-Dobbs. It could energize debates on federal overreach in health care without altering the ban's substantive scope.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Rep. Self, Keith [R-TX-3]

Cosponsors (14)

Rep. Biggs, Andy [R-AZ-5], Rep. Aderholt, Robert B. [R-AL-4], Rep. Miller, Mary E. [R-IL-15], Rep. LaMalfa, Doug [R-CA-1], Rep. Webster, Daniel [R-FL-11], Rep. Weber, Randy K. Sr. [R-TX-14], Rep. Harris, Andy [R-MD-1], Rep. Moore, Riley [R-WV-2], Rep. Burlison, Eric [R-MO-7], Rep. Guest, Michael [R-MS-3], Rep. Ogles, Andrew [R-TN-5], Rep. Babin, Brian [R-TX-36], Rep. Harris, Mark [R-NC-8], Rep. Roy, Chip [R-TX-21]

Recent Actions

• 2025-01-31: Referred to the House Committee on the Judiciary.
• 2025-01-31: Introduced in House
• 2025-01-31: Introduced in House

Bill Versions

• Ensuring Justice for Victims of Partial-Birth Abortion Act — issued 2025-01-31 — PDF (4 pages)