Only the right has signed this so far (Bill Ranking)
H.R. 21 · 119th Congress (2025-2026)
164 members · Left 0 · Center 3 · Right 161 (Bill Ranking)
| Sponsor | Rep. Wagner, Ann (R-MO) (Introduced 01/03/2025) |
|---|---|
| Sponsor Voting Record | Lean right · DW-NOMINATE +0.39 · measured from every roll-call vote this member has cast (voteview.com) (Sponsor Ranking) |
| Support |
LLLCLRR support across the spectrum: 164 members signed on (Bill Ranking) this bill: sponsor + current cosponsors, each once |
| Committees | Senate - Judiciary Committee; House - Judiciary Committee; House - Judiciary Committee; House - Judiciary Committee |
| Latest Action | 01/24/2025 Received in the Senate and Read twice and referred to the Committee on the Judiciary. |
| Roll Call Votes | 2 |
| Source | view on congress.gov → |
Introduced in House (01/03/2025)
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.
119 HR 21 EH: Born-Alive Abortion Survivors Protection Act U.S. House of Representatives text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. I 119th CONGRESS1st Session H. R. 21
IN THE HOUSE OF REPRESENTATIVES AN ACT 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.
1.Short titleThis Act may be cited as the Born-Alive Abortion Survivors Protection Act.
2.Findings; constitutional authority (a)FindingsCongress 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 authorityIn 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.
3.Born-alive infants protection (a)Requirements pertaining to born-Alive abortion survivorsChapter 74 of title 18, United States Code, is amended by inserting after section 1531 the following: 1532.Requirements pertaining to born-alive abortion survivors (a)Requirements for health care practitionersIn 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 hospitalAny 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 violationsA 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 generalWhoever 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 aliveWhoever 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 prosecutionThe 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 performedIf 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 reliefAppropriate 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 plaintiffThe court shall award a reasonable attorney’s fee to a prevailing plaintiff in a civil action under this subsection. (4)Attorney’s fee for defendantIf 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)DefinitionsIn this section the following definitions apply: (1)AbortionThe 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)AttemptThe 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 amendmentThe 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 chapterThe 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 IThe 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. Passed the House of Representatives January 23, 2025.Kevin F. McCumber,Clerk.
119 HR 21 IH: Born-Alive Abortion Survivors Protection Act U.S. House of Representatives 2025-01-03 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. I119th CONGRESS1st SessionH. R. 21IN THE HOUSE OF REPRESENTATIVESJanuary 3, 2025Mrs. Wagner (for herself, Mr. Scalise, and Mrs. Cammack) introduced the following bill; which was referred to the Committee on the JudiciaryA BILLTo 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.1.Short titleThis Act may be cited as the Born-Alive Abortion Survivors Protection Act.2.Findings; constitutional authority(a)FindingsCongress 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 authorityIn 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.3.Born-alive infants protection(a)Requirements pertaining to born-Alive abortion survivorsChapter 74 of title 18, United States Code, is amended by inserting after section 1531 the following:1532.Requirements pertaining to born-alive abortion survivors(a)Requirements for health care practitionersIn 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 hospitalAny 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 violationsA 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 generalWhoever 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 aliveWhoever 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 prosecutionThe 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 performedIf 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 reliefAppropriate 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 plaintiffThe court shall award a reasonable attorney’s fee to a prevailing plaintiff in a civil action under this subsection.(4)Attorney’s fee for defendantIf 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)DefinitionsIn this section the following definitions apply:(1)AbortionThe 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)AttemptThe 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 amendmentThe 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 chapterThe 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 IThe 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.
119 HR 21 : Born-Alive Abortion Survivors Protection Act U.S. House of Representatives 2025-01-24 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. IIB119th CONGRESS1st SessionH. R. 21IN THE SENATE OF THE UNITED STATESJanuary 24, 2025Received; read twice and referred to the Committee on the JudiciaryAN ACTTo 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.1.Short titleThis Act may be cited as the Born-Alive Abortion Survivors Protection Act.2.Findings; constitutional authority(a)FindingsCongress 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 authorityIn 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.3.Born-alive infants protection(a)Requirements pertaining to born-Alive abortion survivorsChapter 74 of title 18, United States Code, is amended by inserting after section 1531 the following:1532.Requirements pertaining to born-alive abortion survivors(a)Requirements for health care practitionersIn 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 hospitalAny 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 violationsA 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 generalWhoever 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 aliveWhoever 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 prosecutionThe 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 performedIf 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 reliefAppropriate 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 plaintiffThe court shall award a reasonable attorney’s fee to a prevailing plaintiff in a civil action under this subsection.(4)Attorney’s fee for defendantIf 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)DefinitionsIn this section the following definitions apply:(1)AbortionThe 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)AttemptThe 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 amendmentThe 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 chapterThe 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 IThe 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.Passed the House of Representatives January 23, 2025.Kevin F. McCumber,Clerk.
The bill's own words, from our database (synced from the GPO BILLS XML); paragraph breaks added at the bill's section boundaries, nothing else changed.
| Date | Chamber | All Actions |
|---|---|---|
| 01/03/2025 | Library of Congress | Introduced in House |
| 01/03/2025 | Library of Congress | Introduced in House |
| 01/03/2025 | House floor actions | Referred to the House Committee on the Judiciary. |
| 01/23/2025 | House floor actions | Considered under the provisions of rule H. Res. 5. (consideration: CR H335-345) |
| 01/23/2025 | House floor actions | DEBATE - The House proceeded with one hour of debate on H.R. 21. |
| 01/23/2025 | House floor actions | The previous question was ordered pursuant to the rule. |
| 01/23/2025 | House floor actions | Ms. Chu moved to recommit to the Committee on the Judiciary. (text: CR H344-345) |
| 01/23/2025 | House floor actions | The previous question on the motion to recommit was ordered pursuant to clause 2(b) of rule XIX. |
| 01/23/2025 | House floor actions | POSTPONED PROCEEDINGS - At the conclusion of debate on H.R. 21, the Chair put the question on the motion to recommit and by voice vote, announced that the noes had prevailed. Ms. Chu demanded the yeas and nays and the Chair postponed further proceedings until a time to be announced. |
| 01/23/2025 | House floor actions | Considered as unfinished business. (consideration: CR H347-348) |
| 01/23/2025 | House floor actions | On motion to recommit Failed by the Yeas and Nays: 205 - 216 (Roll no. 26). |
| 01/23/2025 | Library of Congress | Passed/agreed to in House: On passage Passed by the Yeas and Nays: 217 - 204, 1 Present (Roll no. 27). (text: CR H335-336) |
| 01/23/2025 | House floor actions | On passage Passed by the Yeas and Nays: 217 - 204, 1 Present (Roll no. 27). (text: CR H335-336) |
| 01/23/2025 | House floor actions | Motion to reconsider laid on the table Agreed to without objection. |
| 01/24/2025 | Senate | Received in the Senate and Read twice and referred to the Committee on the Judiciary. |
| Title Type | Title |
|---|---|
| Display Title | Born-Alive Abortion Survivors Protection Act |
| Official Titles from EH (Engrossed in House) bill text | 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. |
| Short Titles from RFS (Referred to Senate) bill text | Born-Alive Abortion Survivors Protection Act |
| Short Title(s) as Passed House | Born-Alive Abortion Survivors Protection Act |
| Short Title(s) as Introduced | Born-Alive Abortion Survivors Protection Act |
| Official Title as Introduced | 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. |
There are no amendments to this bill.
* = Original cosponsor
| Committee | Activity |
|---|---|
| Senate - Judiciary Committee | 01/24/2025 Referred To |
| House - Judiciary Committee | 01/23/2025 Unknown |
| House - Judiciary Committee | 01/23/2025 Unknown |
| House - Judiciary Committee | 01/03/2025 Referred To |
Policy Area: Crime and Law Enforcement
All data on this page comes from our own database (legislation.congress_* tables), synced daily from the GPO govinfo BILLSTATUS and BILLS collections. Formatted after congress.gov; nothing is generated. Member placement is their DW-NOMINATE score (voteview.com, Lewis et al.) - a measurement of roll-call voting behavior, not our judgement. Buckets: Left below −0.50 · Lean Left to −0.25 · Center to +0.25 · Lean Right to +0.50 · Right above +0.50. The bill's Support meter aggregates the people who signed the bill - sponsor and current cosponsors, each counted once - nothing else.