Ensuring Justice for Victims of Partial-Birth Abortion Act
This bill would overhaul the enforcement of the federal Partial-Birth Abortion Ban Act (18 U.S.C. § 1531) by mandating that the Attorney General (AG) actively investigate alleged violations and pursue enforcement actions. It adds a special investigation into the remains of five babies found in Washington, DC in 2022 and requires a detailed report to Congress on that case. More broadly, the bill inserts a new subsection requiring the AG to investigate and take enforcement action for alleged violations of § 1531, imposes mandatory reporting by health care workers who know of violations, and requires annual DOJ reporting on violations and enforcement actions. It also directs a GAO review of enforcement actions from 2004–2024 and includes a severability clause to preserve the rest of the law if any provision is struck down.
Key Points
- 1Adds a new subsection (f) to 18 U.S.C. § 1531 obligating the Attorney General to investigate and take enforcement action for alleged violations of the Partial-Birth Abortion Ban Act.
- 2Section 2 requires the AG to conduct a targeted investigation into whether there was a § 1531 violation related to the remains of five babies discovered in Washington, DC in March 2022, with a report due within six months of enactment detailing each case and any enforcement actions.
- 3Section 4 mandates immediate reporting by health care practitioners or hospital/clinic staff who have knowledge of a § 1531 violation to appropriate state or federal law enforcement.
- 4Section 5 requires an annual DOJ report (due by October 1 each year) detailing steps to inform abortion providers about § 1531, the number of alleged violations in the prior decade, and all efforts and actions taken in those cases (including investigations and prosecutions).
- 5Section 6 requires the GAO, within 18 months of enactment, to review enforcement actions related to § 1531 from fiscal years 2004–2024 and provide recommendations to strengthen enforcement.