January 31, 2025
Mr. Self (for himself, Mr. Biggs of Arizona, Mr. Aderholt, Mrs. Miller of Illinois, Mr. LaMalfa, Mr. Webster of Florida, Mr. Weber of Texas, Mr. Harris of Maryland, Mr. Moore of West Virginia, Mr. Burlison, Mr. Guest, Mr. Ogles, Mr. Babin, and Mr. Harris of North Carolina) introduced the following bill; which was referred to the Committee on the Judiciary
To amend title 18, United States Code, to require the Attorney General to investigate alleged violations of the partial birth abortion ban.
Section 1. Short title
This Act may be cited as the Ensuring Justice for Victims of Partial-Birth Abortion Act
.
Sec. 2. Investigation into remains of 5 babies discovered in Washington, DC
(a) In general
The Attorney General shall conduct an investigation to determine whether there was a violation of section 1531 of title 18, United States Code, (commonly known as the Partial-Birth Abortion Ban Act of 2003
) in connection with the remains of the 5 babies that were discovered by the D.C. Metropolitan Police Department on March 30, 2022.
(b) Report
Not later than 6 months after the date of enactment of this Act, the Attorney General shall submit to the Congress a report containing a detailed description of the Attorney General’s investigation conducted under subsection (a) into the circumstances surrounding the deaths of each baby that was recovered, including any enforcement action taken.
Sec. 3. Requirement to investigate violations of the partial-birth abortion ban
Section 1531 of title 18, United States Code, is amended by adding at the end the following:
(f)
The Attorney General shall investigate and take appropriate enforcement action for alleged violations of this section.
Sec. 4. Mandatory reporting of violations
A health care practitioner or any employee of a hospital, a physician’s office, or an abortion clinic who has knowledge of a violation of section 1531 of title 18, United States Code, shall immediately report such violation to an appropriate State or Federal law enforcement agency, or to both.
Sec. 5. Report on violations of the partial-birth abortion ban
Not later than October 1 of each year, the Attorney General shall submit to the Committees on the Judiciary of the House of Representatives and of the Senate, and publish on the website of the Department of Justice, a report that includes the following:
(1)
A list of steps taken by the Department of Justice to inform abortion providers of their responsibility to comply with section 1531 of title 18, United States Code.
(2)
The number of alleged violations of such section during the previous 10-year period, a description of all efforts taken by the Department of Justice to investigate such alleged violations, and the number of enforcement actions related to such alleged violations, including any preliminary investigation of, prosecution of, and charges filed in connection with such alleged violations.
Sec. 6. GAO report
Not later than 18 months after the date of enactment of this Act, the Comptroller General of the United States shall conduct a review of the enforcement actions taken in connection with alleged violations of section 1531 of title 18, United States Code, during fiscal years 2004 through 2024, and submit to the Committees on the Judiciary of the House of Representatives and of the Senate a report on such review, including any recommendations, particularly with respect strengthening the enforcement of such section, that the Comptroller General determines appropriate.
Sec. 7. Severability
If any provision of this Act, an amendment made by this Act, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, the remainder of this Act, the amendments made by this Act, and the application of such to any other person or circumstance shall not be affected thereby.