Overview

Title

To amend title 18, United States Code, to protect unborn children.

ELI5 AI

This bill wants to make a rule that says doctors can't help someone end a pregnancy after a baby starts growing, unless it's to save the mom's life. It also says that government money can't be used to pay for these procedures, except in very serious situations.

Summary AI

H. R. 8855 seeks to amend title 18 of the United States Code to increase protections for unborn children by prohibiting certain abortion measures. It would make it a federal offense for licensed physicians or individuals receiving federal funds to perform or attempt to perform abortions after fertilization, with some exceptions, such as saving the life of the mother. The bill also aims to restrict the use of federal funds for abortions through health programs like Medicaid and prohibits insurance plans from covering abortions, except under specific life-threatening situations. Additionally, it sets civil penalties for performing unauthorized abortions and clarifies that the new rules should not override existing state laws with stricter penalties.

Published

2024-06-27
Congress: 118
Session: 2
Chamber: HOUSE
Status: Introduced in House
Date: 2024-06-27
Package ID: BILLS-118hr8855ih

Bill Statistics

Size

Sections:
8
Words:
4,711
Pages:
22
Sentences:
103

Language

Nouns: 1,302
Verbs: 400
Adjectives: 296
Adverbs: 37
Numbers: 201
Entities: 250

Complexity

Average Token Length:
4.17
Average Sentence Length:
45.74
Token Entropy:
5.55
Readability (ARI):
24.55

AnalysisAI

General Summary of the Bill

House Bill 8855, introduced in the 118th Congress, seeks to amend title 18 of the United States Code to protect unborn children by prohibiting abortions after the point of fertilization. The bill sets forth several new legal provisions that criminalize the performance of abortions in most cases, barring exceptions such as saving the life of the mother. It also outlines significant civil penalties for violations. Furthermore, the bill intends to regulate federal funding, prohibiting its use for abortion services across several major healthcare programs, unless a pregnancy endangers a woman's life due to physical conditions. The overarching aim is to eliminate federal support for abortion services and reinforce the legal framework against certain abortion practices.

Summary of Significant Issues

One primary concern surrounding the bill is its lack of exceptions for psychological or emotional conditions. Although exceptions are made for physical threats to a pregnant woman's life, the exclusion of psychological aspects in critical situations could lead to ethical and medical dilemmas. Additionally, the definition of "unborn child" from fertilization is likely to evoke legal and ethical debates, as views on when life begins vary across different communities and legal scholars.

The reliance on specific provisions within the United States Code, particularly section 1531 of title 18, introduces potential inconsistencies, especially if state laws differ or future amendments alter this section. Moreover, conflicting with states’ abortion laws adds another layer of complexity that could lead to significant legal challenges.

There is also concern that the bill might disproportionately affect minority communities. As highlighted in the findings, the impact on minorities could raise social and political issues. Lastly, the complex and technical language used throughout the bill makes it less accessible to the general public, raising the risk of misinterpretation and confusion.

Impact on the Public

Broadly speaking, this bill, if passed, could significantly change how abortion services are accessed and funded across the United States. By removing federal support for abortion services in many healthcare programs, the bill could substantially restrict access, particularly affecting low-income individuals who rely on publicly funded healthcare. This could lead to a decrease in the availability and accessibility of safe and legal abortion services overall.

For healthcare providers, the threat of criminal charges and civil lawsuits could deter them from performing procedures that might be allowable under different interpretations or in emergencies, potentially risking patient health.

Impact on Specific Stakeholders

Healthcare Providers: Physicians and clinics that perform abortions might face a higher risk of legal challenges, and potential criminal charges might discourage them from providing necessary reproductive healthcare services. Physicians could find themselves in precarious positions if ambiguous terms in the bill are open to interpretation.

Recipients of Federal Healthcare Programs: Individuals who rely on programs like Medicaid or CHIP might face reduced access to abortion services due to the bill's prohibitions on funding. Specific minorities and underserved communities could be disproportionately impacted due to existing barriers in accessing healthcare services.

State Legislatures: States that currently have more lenient abortion laws might clash with federal restrictions, leading to potential legal battles. State policymakers would need to navigate the tension between state autonomy and federal law.

Advocacy and Rights Groups: Organizations focused on women’s reproductive rights and minority rights may see this bill as a rollback of gains made in the fight for abortion rights and could be mobilized to contest it in court or the public sphere. There is potential for increased activism and lobbying to challenge or modify these proposed changes.

In conclusion, while aimed at protecting unborn children, the bill presents a complex web of legal, ethical, and social issues that will affect a broad range of stakeholders across the nation. The implications of its enactment require careful consideration and pose both challenges and calls for dialogue on such a sensitive and polarizing issue.

Issues

  • The prohibition of abortions under this bill does not include exceptions for psychological or emotional conditions in life-endangering situations for pregnant women. This has potential ethical and medical implications, especially regarding women's health and safety (Sections 2, 3, 4).

  • The bill's definition of 'unborn child' as a human being from fertilization could spark significant legal and ethical debates as it does not align with all views on when life begins (Section 1531).

  • The reliance on section 1531 of title 18 for definitions such as 'abortion' and 'licensed physician' can lead to inconsistencies and ambiguities, particularly if there are differing state laws or if section 1531 is amended in the future (Sections 2, 4).

  • The prohibition on federal funding for abortions at any point after fertilization could conflict with state laws and policies, leading to potential legal challenges (Sections 3, 4, 2730).

  • The bill may disproportionately impact minority communities, as stated in the findings, which could have political and social ramifications (Section 1).

  • Complex and legalistic language throughout the bill makes it difficult for laypersons to understand, which can lead to misinterpretations and reduce accessibility (Sections 1-4).

  • The bill mandates that public and private entities cannot offer abortions if they or their affiliates receive federal funds, potentially broadening the impact to entities not directly involved in providing abortions (Sections 2, 4).

  • The affirmative defense provisions for physicians are detailed, but the lack of clear guidance on the exceptions for saving a pregnant woman's life could lead to varied interpretations (Section 1531).

  • The potential patchwork of prohibiting abortion coverage across various plans and tax credits could lead to inconsistencies in coverage availability based on health plan type (Section 4).

Sections

Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.

1. Legislative findings and declaration of constitutional authority for enactment Read Opens in new tab

Summary AI

Congress outlines its findings that abortion, which ends the life of an unborn child, is a matter of national interest under its constitutional powers, including the regulation of interstate commerce and spending. It supports the ability of Congress and states to enact laws limiting abortion following the Supreme Court's decision in Dobbs v. Jackson Women’s Health Organization, highlighting the potential harms of abortion, both medically and socially, while also noting the disproportionate impact on minority communities.

2. Prohibition against certain abortion measures Read Opens in new tab

Summary AI

The section outlines a law prohibiting certain abortion measures after fertilization, making it a criminal offense for licensed physicians who perform such procedures, except in specific situations like saving the life of the mother, treating a miscarriage or ectopic pregnancy. It allows civil actions against physicians who violate this law, defining key terms and explaining permissible actions like contraception and miscarriage treatment.

1531. Prohibition against certain abortion measures Read Opens in new tab

Summary AI

This section outlines penalties for licensed physicians who perform abortions after fertilization, making it a criminal offense and providing options for civil lawsuits. It includes specific definitions and exceptions, clarifies that women cannot be prosecuted for their abortions, and emphasizes that it does not interfere with existing state laws or contraceptive use.

3. Prohibition of abortions in health programs that accept Federal funds Read Opens in new tab

Summary AI

This section of the bill prohibits the use of federal funds for health programs, including Medicaid, CHIP, Indian Health Services, and Title X, to cover or offer abortions after fertilization, unless it's needed to save a pregnant woman's life due to a physical condition. The term "abortion" is defined by existing law, and the changes ensure no funds are used for abortions related to psychological or emotional reasons.

227. Prohibition against offering an abortion Read Opens in new tab

Summary AI

Funds allocated under this section cannot be used for abortion services after fertilization, except if it is necessary to save the life of a pregnant woman due to a physical health issue. This does not include mental or emotional conditions.

1008. Prohibition of abortion Read Opens in new tab

Summary AI

The section prohibits any public or private entity that provides abortions, except in cases where the procedure is necessary to save the life of a pregnant woman, from receiving funds under this title. It also clarifies the meanings of "abortion" and "affiliate" as they are used in this context.

4. Prohibition on group health coverage for abortions Read Opens in new tab

Summary AI

The section prohibits both group health plans and insurance policies under the Affordable Care Act from covering abortions after fertilization, except when a pregnant woman's life is at risk due to physical issues. This rule includes changes to tax credits and applies to federal employee health plans, with proper amendments specified for implementation timing.

2730. Prohibition on coverage for abortion Read Opens in new tab

Summary AI

The section prohibits health insurance plans from covering abortions after fertilization unless the pregnant woman's life is at risk due to a physical condition. However, it clarifies that this rule does not apply to procedures for removing a deceased unborn child from a miscarriage or stillbirth, or for treating an ectopic pregnancy.