Born-Alive Abortion Survivors Protection Act
This bill establishes requirements for the degree of care a health care practitioner must provide in the case of a child born alive following an abortion or attempted abortion.
Specifically, a health care practitioner who is present must (1) exercise the same degree of care as would reasonably be provided to any other child born alive at the same gestational age, and (2) ensure the child is immediately admitted to a hospital. Additionally, a health care practitioner or other employee who has knowledge of a failure to comply with the degree-of-care requirements must immediately report such failure to law enforcement.
A health care practitioner who fails to provide the required degree of care, or a health care practitioner or other employee who fails to report such failure, is subject to criminal penalties—a fine, up to five years in prison, or both.
An individual who intentionally kills or attempts to kill a child born alive is subject to prosecution for murder.
The bill bars the criminal prosecution of a mother of a child born alive under this bill and allows her to bring a civil action against a health care practitioner or other employee for violations.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 26 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 26
To amend title 18, United States Code, to prohibit a health care
practitioner from failing to exercise the proper degree of care in the
case of a child who survives an abortion or attempted abortion.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 9, 2023
Mrs. Wagner (for herself, Mr. Scalise, Mrs. Cammack, Ms. Stefanik, Mrs.
Fischbach, Mrs. Hinson, Ms. Salazar, Ms. Malliotakis, Mrs. Harshbarger,
Ms. Letlow, Ms. Van Duyne, Mrs. Miller of West Virginia, Mrs. McClain,
Ms. Tenney, Mr. Crenshaw, Mr. Rogers of Alabama, Mr. Cole, Mr. Wittman,
Mr. Grothman, Mr. Aderholt, Mr. Duncan, Mr. Thompson of Pennsylvania,
Mr. Feenstra, Mr. Sessions, Mr. McClintock, Mr. Bost, Mr. Carl, Mr.
Rutherford, Mr. Gimenez, Mr. Finstad, Mr. Pfluger, Mr. Tiffany, Mr.
Palmer, Mr. Tony Gonzales of Texas, Mr. Reschenthaler, Mr. LaTurner,
Mr. Bergman, Mr. Jackson of Texas, Mr. Joyce of Pennsylvania, Mr.
Meuser, Mr. Mooney, Mrs. Houchin, Mr. Diaz-Balart, Mr. Buck, Mr.
Fulcher, Mr. Hudson, Mr. Murphy, Mr. Wenstrup, Mr. Barr, Mr. Guthrie,
Mr. LaHood, Mr. Biggs, Mr. Buchanan, Mr. Strong, Mr. Bishop of North
Carolina, Mr. Bucshon, Mr. Burchett, Mr. Fleischmann, Mr. Allen, Mr.
Smith of Nebraska, Mr. Posey, Mr. Gooden of Texas, Mr. Mann, Mr. Guest,
Mr. Clyde, Mr. Moore of Utah, Mr. Kustoff, Mr. Green of Tennessee, Mr.
Webster of Florida, Mr. Newhouse, Mr. Cloud, Mr. Johnson of Louisiana,
Mr. Stauber, Mr. Self, Mr. Smith of New Jersey, Mr. Mast, Mr. Higgins
of Louisiana, Mr. Cline, Mr. Ellzey, Mr. Austin Scott of Georgia, Mr.
Johnson of Ohio, Mr. Moolenaar, Mr. Timmons, Mr. Latta, Mr. Smith of
Missouri, Mr. Arrington, Mrs. Lesko, Mr. Huizenga, Mr. Graves of
Louisiana, Mr. Perry, Mr. Balderson, Mrs. Greene of Georgia, Mr. Pence,
Mr. Burgess, Mr. Womack, Mr. Good of Virginia, Mr. Van Drew, Mr. Estes,
Mr. Smucker, Mr. Davidson, Mr. Fitzgerald, Mr. Bilirakis, Mr. Banks,
Mr. Hern, Mr. Weber of Texas, Mr. Waltz, Mr. Kelly of Pennsylvania, Mr.
Carter of Georgia, Mr. Babin, Mr. Issa, Mr. Rose, Mr. Luetkemeyer, Mr.
Gallagher, Mr. Schweikert, Mr. Valadao, Mr. Walberg, Mr. Fallon, Mr.
Curtis, Mr. Joyce of Ohio, Mrs. Bice, Mr. Ferguson, Mr. Gaetz, Mr.
Simpson, Mr. Harris, Mr. Amodei, Mr. Lucas, Mrs. Kim of California, Ms.
Foxx, Mr. Calvert, Mr. Wilson of South Carolina, Mr. Ezell, Mr.
Langworthy, Mr. Fry, Mr. Williams of Texas, Mr. Armstrong, Mrs. Miller
of Illinois, Mr. Steube, Mr. Graves of Missouri, Mr. Rosendale, Mr.
Garbarino, Mr. Bacon, Mrs. Spartz, Mr. Westerman, Mr. McHenry, Ms.
Mace, Mr. Moore of Alabama, Mrs. Boebert, Mr. Brecheen, Mr. Turner, and
Mr. Comer) introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend title 18, United States Code, to prohibit a health care
practitioner from failing to exercise the proper degree of care in the
case of a child who survives an abortion or attempted abortion.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Born-Alive Abortion Survivors
Protection Act''.
SEC. 2. FINDINGS; CONSTITUTIONAL AUTHORITY.
(a) Findings.--Congress finds as follows:
(1) If an abortion results in the live birth of an infant,
the infant is a legal person for all purposes under the laws of
the United States, and entitled to all the protections of such
laws.
(2) Any infant born alive after an abortion or within a
hospital, clinic, or other facility has the same claim to the
protection of the law that would arise for any newborn, or for
any person who comes to a hospital, clinic, or other facility
for screening and treatment or otherwise becomes a patient
within its care.
(b) Constitutional Authority.--In accordance with the above
findings, Congress enacts the following pursuant to Congress' power
under--
(1) section 5 of the 14th Amendment, including the power to
enforce the prohibition on government action denying equal
protection of the laws; and
(2) section 8 of article I to make all laws necessary and
proper for carrying into execution the powers vested by the
Constitution of the United States, including the power to
regulate commerce under clause 3 of such section.
SEC. 3. BORN-ALIVE INFANTS PROTECTION.
(a) Requirements Pertaining to Born-Alive Abortion Survivors.--
Chapter 74 of title 18, United States Code, is amended by inserting
after section 1531 the following:
``Sec. 1532. Requirements pertaining to born-alive abortion survivors
``(a) Requirements for Health Care Practitioners.--In the case of
an abortion or attempted abortion that results in a child born alive
(as defined in section 8 of title 1, United States Code (commonly known
as the `Born-Alive Infants Protection Act')):
``(1) Degree of care required; immediate admission to a
hospital.--Any health care practitioner present at the time the
child is born alive shall--
``(A) exercise the same degree of professional
skill, care, and diligence to preserve the life and
health of the child as a reasonably diligent and
conscientious health care practitioner would render to
any other child born alive at the same gestational age;
and
``(B) following the exercise of skill, care, and
diligence required under subparagraph (A), ensure that
the child born alive is immediately transported and
admitted to a hospital.
``(2) 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 failure to
comply with the requirements of paragraph (1) shall immediately
report the failure to an appropriate State or Federal law
enforcement agency, or to both.
``(b) Penalties.--
``(1) In general.--Whoever violates subsection (a) shall be
fined under this title or imprisoned for not more than 5 years,
or both.
``(2) Intentional killing of child born alive.--Whoever
intentionally performs or attempts to perform an overt act that
kills a child born alive described under subsection (a), shall
be punished as under section 1111 of this title for
intentionally killing or attempting to kill a human being.
``(c) Bar to Prosecution.--The mother of a child born alive
described under subsection (a) may not be prosecuted under this
section, for conspiracy to violate this section, or for an offense
under section 3 or 4 of this title based on such a violation.
``(d) Civil Remedies.--
``(1) Civil action by a woman on whom an abortion is
performed.--If a child is born alive and there is a violation
of subsection (a), the woman upon whom the abortion was
performed or attempted may, in a civil action against any
person who committed the violation, obtain appropriate relief.
``(2) Appropriate relief.--Appropriate relief in a civil
action under this subsection includes--
``(A) objectively verifiable money damage for all
injuries, psychological and physical, occasioned by the
violation of subsection (a);
``(B) statutory damages equal to 3 times the cost
of the abortion or attempted abortion; and
``(C) punitive damages.
``(3) Attorney's fee for plaintiff.--The court shall award
a reasonable attorney's fee to a prevailing plaintiff in a
civil action under this subsection.
``(4) Attorney's fee for defendant.--If a defendant in a
civil action under this subsection prevails and the court finds
that the plaintiff's suit was frivolous, the court shall award
a reasonable attorney's fee in favor of the defendant against
the plaintiff.
``(e) Definitions.--In this section the following definitions
apply:
``(1) Abortion.--The term `abortion' means the use or
prescription of any instrument, medicine, drug, or any other
substance or device--
``(A) to intentionally kill the unborn child of a
woman known to be pregnant; or
``(B) to intentionally terminate the pregnancy of a
woman known to be pregnant, with an intention other
than--
``(i) after viability, to produce a live
birth and preserve the life and health of the
child born alive; or
``(ii) to remove a dead unborn child.
``(2) Attempt.--The term `attempt', with respect to an
abortion, means conduct that, under the circumstances as the
actor believes them to be, constitutes a substantial step in a
course of conduct planned to culminate in performing an
abortion.''.
(b) Clerical Amendment.--The table of sections for chapter 74 of
title 18, United States Code, is amended by inserting after the item
pertaining to section 1531 the following:
``1532. Requirements pertaining to born-alive abortion survivors.''.
(c) Chapter Heading Amendments.--
(1) Chapter heading in chapter.--The chapter heading for
chapter 74 of title 18, United States Code, is amended by
striking ``Partial-Birth Abortions'' and inserting
``Abortions''.
(2) Table of chapters for part i.--The item relating to
chapter 74 in the table of chapters at the beginning of part I
of title 18, United States Code, is amended by striking
``Partial-Birth Abortions'' and inserting ``Abortions''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Considered under the provisions of rule H. Res. 5. (consideration: CR H178-190)
DEBATE - The House proceeded with one hour of debate on H.R. 26.
The previous question was ordered pursuant to the rule.
Ms. DeGette moved to recommit to the Committee on the Judiciary. (text: CR H187-190)
The previous question on the motion to recommit was ordered pursuant to clause 2(b) of rule XIX.
POSTPONED PROCEEDINGS - At the conclusion of debate on H.R. 26, the Chair put the question on passage of the motion to recommit and by voice vote, announced that the nays had prevailed. Ms. DeGette demanded the yeas and nays and the Chair postponed further proceedings until a time to be announced.
Considered as unfinished business. (consideration: CR H190-191)
On motion to recommit Failed by the Yeas and Nays: 212 - 219 (Roll no. 28).
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Passed/agreed to in House: On passage Passed by the Yeas and Nays: 220 - 210, 1 Present (Roll no. 29). (text: CR H178)
Roll Call #29 (House)On passage Passed by the Yeas and Nays: 220 - 210, 1 Present (Roll no. 29). (text: CR H178)
Roll Call #29 (House)Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 2.