Abortion: Judicial History and Legislative Response Page: 19 of 19
19 p.View a full description of this report.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
Abortion: Judicial History and Legislative Response
FY2015 Appropriations
On December 16, 2014, the President signed H.R. 83, the Consolidated and Further Continuing
Appropriations Act, 2015 (PL. 113-235). The measure retains long-standing funding restrictions
on abortion and abortion-related services that have appeared in past appropriations measures.
Legislation in the 114th Congress
The No Taxpayer Funding for Abortion and Abortion Insurance Full Disclosure Act and the Pain-
Capable Unborn Child Protection Act have been reintroduced in the 114th Congress.
Representative Christopher H. Smith introduced H.R. 7, the No Taxpayer Funding for Abortion
and Abortion Insurance Full Disclosure Act of 2015, on January 21, 2015. The provisions of the
legislation are identical to those that were included in the bill that was passed by the House in the
113th Congress. The House considered the reintroduced bill on January 22, 2015, and passed the
measure by a vote of 242-179.
Representative Trent Franks introduced H.R. 36, the Pain-Capable Unborn Child Protection Act,
on January 6, 2015. The provisions of the bill are identical to those that were included in the
legislation that was approved by the House in the 113th Congress. H.R. 36 was passed by the
House on May 13, 2015, by a vote of 242-184.
Representative Franks has also introduced H.R. 3504, the Born-Alive Abortion Survivors
Protection Act. The bill, introduced on September 15, 2015, would require care to be provided to
a fetus that is "born alive" following an abortion or attempted abortion. Under the measure, any
health care practitioner who is present at the time the fetus is "born alive" would be required to
exercise the same degree of skill, care, and diligence necessary to preserve the life and health of
the fetus as a "reasonably diligent and conscientious health care practitioner would render to any
other child born alive at the same gestational age." A health care practitioner who fails to exercise
the specified level of care would be subject to a fine, imprisonment for not more than five years,
or both. The House is expected to consider H.R. 3504 in the near future.
In 2002, Congress passed another bill that addressed fetuses that are "born alive." H.R. 2175, the
Born-Alive Infants Protection Act of 2002 (BAIPA) was eventually signed by the President on
August 5, 2002 (P.L. 107-207). The BAIPA requires that the terms "person," "human being,"
"child," and "individual," as used in any act of Congress or administrative ruling, regulation, or
interpretation, be understood as including infants who are "born alive" at any stage of
development. Unlike the Born-Alive Abortion Survivors Protection Act, the BAIPA did not
establish any new duties or obligations on the part of health care practitioners who are involved in
providing abortion services.
Author Contact Information
Jon O. Shimabukuro
Legislative Attorney
jshimabukuro@crs.loc.gov, 7-7990Congressional Research Service
16
Search Inside
This report can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Report.
Shimabukuro, Jon O. Abortion: Judicial History and Legislative Response, report, September 16, 2015; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc821384/m1/19/: accessed July 16, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.