Legis Daily

Born-Alive Abortion Survivors Protection Act

USA118th CongressHR-26| House 
| Updated: 1/25/2023
Ann Wagner

Ann Wagner

Republican Representative

Missouri

Cosponsors (166)
Matthew M. Rosendale (Republican)Diana Harshbarger (Republican)David Schweikert (Republican)Bob Good (Republican)Michael C. Burgess (Republican)Barry Moore (Republican)Adrian Smith (Republican)David Kustoff (Republican)Clay Higgins (Republican)Tom Cole (Republican)Frank D. Lucas (Republican)Elise M. Stefanik (Republican)Kay Granger (Republican)Trent Kelly (Republican)Marjorie Taylor Greene (Republican)Jake LaTurner (Republican)Tim Burchett (Republican)Mike Johnson (Republican)Guy Reschenthaler (Republican)Ashley Hinson (Republican)Alexander X. Mooney (Republican)Brett Guthrie (Republican)Jim Banks (Republican)Andy Harris (Republican)Steve Womack (Republican)Gregory F. Murphy (Republican)Warren Davidson (Republican)Jefferson Van Drew (Republican)Scott Franklin (Republican)Rick W. Allen (Republican)Carlos A. Gimenez (Republican)Mark Alford (Republican)Victoria Spartz (Republican)Thomas P. Tiffany (Republican)Robert J. Wittman (Republican)Darin LaHood (Republican)Lance Gooden (Republican)Keith Self (Republican)Mike Ezell (Republican)Glenn Thompson (Republican)Stephanie I. Bice (Republican)Claudia Tenney (Republican)Brad R. Wenstrup (Republican)Beth Van Duyne (Republican)Andrew Ogles (Republican)Young Kim (Republican)Ken Buck (Republican)William R. Timmons (Republican)Tom McClintock (Republican)Pete Sessions (Republican)David Rouzer (Republican)John R. Curtis (Republican)Andy Biggs (Republican)Jeff Duncan (Republican)Jerry L. Carl (Republican)Tim Walberg (Republican)Earl L. "Buddy" Carter (Republican)Andrew R. Garbarino (Republican)Nathaniel Moran (Republican)Michael Waltz (Republican)Ken Calvert (Republican)J. French Hill (Republican)Scott Perry (Republican)Rudy Yakym (Republican)Maria Elvira Salazar (Republican)Jason Smith (Republican)Dan Newhouse (Republican)Lloyd Smucker (Republican)Morgan Luttrell (Republican)Gus M. Bilirakis (Republican)Steve Scalise (Republican)A. Drew Ferguson (Republican)Ronny Jackson (Republican)Daniel Meuser (Republican)Don Bacon (Republican)Andy Barr (Republican)Mario Diaz-Balart (Republican)Christopher H. Smith (Republican)Darrell Issa (Republican)David P. Joyce (Republican)Carol D. Miller (Republican)Jodey C. Arrington (Republican)Joe Wilson (Republican)Pat Fallon (Republican)Jake Ellzey (Republican)Mike Kelly (Republican)Nancy Mace (Republican)Mike D. Rogers (Republican)Richard Hudson (Republican)Roger Williams (Republican)Kat Cammack (Republican)John Joyce (Republican)Brad Finstad (Republican)Kelly Armstrong (Republican)Glenn Grothman (Republican)Brian J. Mast (Republican)Nicholas A. Langworthy (Republican)Ron Estes (Republican)W. Gregory Steube (Republican)Blake D. Moore (Republican)John R. Moolenaar (Republican)Bruce Westerman (Republican)John H. Rutherford (Republican)Dan Bishop (Republican)Charles J. "Chuck" Fleischmann (Republican)Austin Scott (Republican)James Comer (Republican)Scott Fitzgerald (Republican)Daniel Webster (Republican)Harriet M. Hageman (Republican)Michael Cloud (Republican)Mark E. Green (Republican)August Pfluger (Republican)Lauren Boebert (Republican)Blaine Luetkemeyer (Republican)Mike Gallagher (Republican)Larry Bucshon (Republican)Gary J. Palmer (Republican)Julia Letlow (Republican)Mark E. Amodei (Republican)Garret Graves (Republican)Mary E. Miller (Republican)Lisa C. McClain (Republican)Tony Gonzales (Republican)Sam Graves (Republican)Mike Bost (Republican)Russell Fry (Republican)Michael K. Simpson (Republican)Pete Stauber (Republican)David G. Valadao (Republican)Michael R. Turner (Republican)Dale W. Strong (Republican)Debbie Lesko (Republican)Wesley Hunt (Republican)John W. Rose (Republican)Derrick Van Orden (Republican)Dan Crenshaw (Republican)Bill Huizenga (Republican)Matt Gaetz (Republican)Randy Feenstra (Republican)Robert E. Latta (Republican)Kevin Hern (Republican)Bill Posey (Republican)Burgess Owens (Republican)Randy K. Sr. Weber (Republican)Ben Cline (Republican)Russ Fulcher (Republican)Greg Pence (Republican)Virginia Foxx (Republican)Ralph Norman (Republican)Erin Houchin (Republican)Andrew S. Clyde (Republican)Josh Brecheen (Republican)Cathy McMorris Rodgers (Republican)Jack Bergman (Republican)Tracey Mann (Republican)Bill Johnson (Republican)Michelle Fischbach (Republican)Robert B. Aderholt (Republican)Troy Balderson (Republican)Brian Babin (Republican)Patrick T. McHenry (Republican)Michael Guest (Republican)Nicole Malliotakis (Republican)Vern Buchanan (Republican)Eric Burlison (Republican)

Judiciary Committee

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
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.

Bill Text Versions

View Text
3 versions available

Suggested Questions

Get AI-generated questions to help you understand this bill better

Timeline

Bill from Previous Congress

HR 116-8923
Protection of Born-Alive Abortion Survivors Act

Bill from Previous Congress

HR 116-962
Born-Alive Abortion Survivors Protection Act

Bill from Previous Congress

HR 117-619
Born-Alive Abortion Survivors Protection Act

Bill from Previous Congress

HR 115-4712
Born-Alive Abortion Survivors Protection Act
Jan 9, 2023
Introduced in House
Jan 9, 2023
Referred to the House Committee on the Judiciary.
Jan 11, 2023
Considered under the provisions of rule H. Res. 5. (consideration: CR H178-190)
Jan 11, 2023
DEBATE - The House proceeded with one hour of debate on H.R. 26.
Jan 11, 2023
The previous question was ordered pursuant to the rule.
Jan 11, 2023
Ms. DeGette moved to recommit to the Committee on the Judiciary. (text: CR H187-190)
Jan 11, 2023
The previous question on the motion to recommit was ordered pursuant to clause 2(b) of rule XIX.
Jan 11, 2023
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.
Jan 11, 2023
Considered as unfinished business. (consideration: CR H190-191)
Jan 11, 2023
On motion to recommit Failed by the Yeas and Nays: 212 - 219 (Roll no. 28).
View Vote
Jan 11, 2023
On passage Passed by the Yeas and Nays: 220 - 210, 1 Present (Roll no. 29). (text: CR H178)
View Vote
Jan 11, 2023
Motion to reconsider laid on the table Agreed to without objection.
Jan 23, 2023
Received in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
Jan 25, 2023
Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 2.
Feb 1, 2023

Latest Companion Bill Action

S 118-204
Introduced in Senate
  • Bill from Previous Congress

    HR 116-8923
    Protection of Born-Alive Abortion Survivors Act


  • Bill from Previous Congress

    HR 116-962
    Born-Alive Abortion Survivors Protection Act


  • Bill from Previous Congress

    HR 117-619
    Born-Alive Abortion Survivors Protection Act


  • Bill from Previous Congress

    HR 115-4712
    Born-Alive Abortion Survivors Protection Act


  • January 9, 2023
    Introduced in House


  • January 9, 2023
    Referred to the House Committee on the Judiciary.


  • January 11, 2023
    Considered under the provisions of rule H. Res. 5. (consideration: CR H178-190)


  • January 11, 2023
    DEBATE - The House proceeded with one hour of debate on H.R. 26.


  • January 11, 2023
    The previous question was ordered pursuant to the rule.


  • January 11, 2023
    Ms. DeGette moved to recommit to the Committee on the Judiciary. (text: CR H187-190)


  • January 11, 2023
    The previous question on the motion to recommit was ordered pursuant to clause 2(b) of rule XIX.


  • January 11, 2023
    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.


  • January 11, 2023
    Considered as unfinished business. (consideration: CR H190-191)


  • January 11, 2023
    On motion to recommit Failed by the Yeas and Nays: 212 - 219 (Roll no. 28).
    View Vote


  • January 11, 2023
    On passage Passed by the Yeas and Nays: 220 - 210, 1 Present (Roll no. 29). (text: CR H178)
    View Vote


  • January 11, 2023
    Motion to reconsider laid on the table Agreed to without objection.


  • January 23, 2023
    Received in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.


  • January 25, 2023
    Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 2.


  • February 1, 2023

    Latest Companion Bill Action

    S 118-204
    Introduced in Senate

Crime and Law Enforcement

Related Bills

  • HRES 118-5: Adopting the Rules of the House of Representatives for the One Hundred Eighteenth Congress, and for other purposes.
  • S 118-204: Born-Alive Abortion Survivors Protection Act
AbortionCivil actions and liabilityCriminal investigation, prosecution, interrogationHealth personnelLegal fees and court costsMedical ethicsViolent crime

Born-Alive Abortion Survivors Protection Act

USA118th CongressHR-26| House 
| Updated: 1/25/2023
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.

Bill Text Versions

View Text
3 versions available

Suggested Questions

Get AI-generated questions to help you understand this bill better

Timeline

Bill from Previous Congress

HR 116-8923
Protection of Born-Alive Abortion Survivors Act

Bill from Previous Congress

HR 116-962
Born-Alive Abortion Survivors Protection Act

Bill from Previous Congress

HR 117-619
Born-Alive Abortion Survivors Protection Act

Bill from Previous Congress

HR 115-4712
Born-Alive Abortion Survivors Protection Act
Jan 9, 2023
Introduced in House
Jan 9, 2023
Referred to the House Committee on the Judiciary.
Jan 11, 2023
Considered under the provisions of rule H. Res. 5. (consideration: CR H178-190)
Jan 11, 2023
DEBATE - The House proceeded with one hour of debate on H.R. 26.
Jan 11, 2023
The previous question was ordered pursuant to the rule.
Jan 11, 2023
Ms. DeGette moved to recommit to the Committee on the Judiciary. (text: CR H187-190)
Jan 11, 2023
The previous question on the motion to recommit was ordered pursuant to clause 2(b) of rule XIX.
Jan 11, 2023
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.
Jan 11, 2023
Considered as unfinished business. (consideration: CR H190-191)
Jan 11, 2023
On motion to recommit Failed by the Yeas and Nays: 212 - 219 (Roll no. 28).
View Vote
Jan 11, 2023
On passage Passed by the Yeas and Nays: 220 - 210, 1 Present (Roll no. 29). (text: CR H178)
View Vote
Jan 11, 2023
Motion to reconsider laid on the table Agreed to without objection.
Jan 23, 2023
Received in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
Jan 25, 2023
Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 2.
Feb 1, 2023

Latest Companion Bill Action

S 118-204
Introduced in Senate
  • Bill from Previous Congress

    HR 116-8923
    Protection of Born-Alive Abortion Survivors Act


  • Bill from Previous Congress

    HR 116-962
    Born-Alive Abortion Survivors Protection Act


  • Bill from Previous Congress

    HR 117-619
    Born-Alive Abortion Survivors Protection Act


  • Bill from Previous Congress

    HR 115-4712
    Born-Alive Abortion Survivors Protection Act


  • January 9, 2023
    Introduced in House


  • January 9, 2023
    Referred to the House Committee on the Judiciary.


  • January 11, 2023
    Considered under the provisions of rule H. Res. 5. (consideration: CR H178-190)


  • January 11, 2023
    DEBATE - The House proceeded with one hour of debate on H.R. 26.


  • January 11, 2023
    The previous question was ordered pursuant to the rule.


  • January 11, 2023
    Ms. DeGette moved to recommit to the Committee on the Judiciary. (text: CR H187-190)


  • January 11, 2023
    The previous question on the motion to recommit was ordered pursuant to clause 2(b) of rule XIX.


  • January 11, 2023
    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.


  • January 11, 2023
    Considered as unfinished business. (consideration: CR H190-191)


  • January 11, 2023
    On motion to recommit Failed by the Yeas and Nays: 212 - 219 (Roll no. 28).
    View Vote


  • January 11, 2023
    On passage Passed by the Yeas and Nays: 220 - 210, 1 Present (Roll no. 29). (text: CR H178)
    View Vote


  • January 11, 2023
    Motion to reconsider laid on the table Agreed to without objection.


  • January 23, 2023
    Received in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.


  • January 25, 2023
    Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 2.


  • February 1, 2023

    Latest Companion Bill Action

    S 118-204
    Introduced in Senate
Ann Wagner

Ann Wagner

Republican Representative

Missouri

Cosponsors (166)
Matthew M. Rosendale (Republican)Diana Harshbarger (Republican)David Schweikert (Republican)Bob Good (Republican)Michael C. Burgess (Republican)Barry Moore (Republican)Adrian Smith (Republican)David Kustoff (Republican)Clay Higgins (Republican)Tom Cole (Republican)Frank D. Lucas (Republican)Elise M. Stefanik (Republican)Kay Granger (Republican)Trent Kelly (Republican)Marjorie Taylor Greene (Republican)Jake LaTurner (Republican)Tim Burchett (Republican)Mike Johnson (Republican)Guy Reschenthaler (Republican)Ashley Hinson (Republican)Alexander X. Mooney (Republican)Brett Guthrie (Republican)Jim Banks (Republican)Andy Harris (Republican)Steve Womack (Republican)Gregory F. Murphy (Republican)Warren Davidson (Republican)Jefferson Van Drew (Republican)Scott Franklin (Republican)Rick W. Allen (Republican)Carlos A. Gimenez (Republican)Mark Alford (Republican)Victoria Spartz (Republican)Thomas P. Tiffany (Republican)Robert J. Wittman (Republican)Darin LaHood (Republican)Lance Gooden (Republican)Keith Self (Republican)Mike Ezell (Republican)Glenn Thompson (Republican)Stephanie I. Bice (Republican)Claudia Tenney (Republican)Brad R. Wenstrup (Republican)Beth Van Duyne (Republican)Andrew Ogles (Republican)Young Kim (Republican)Ken Buck (Republican)William R. Timmons (Republican)Tom McClintock (Republican)Pete Sessions (Republican)David Rouzer (Republican)John R. Curtis (Republican)Andy Biggs (Republican)Jeff Duncan (Republican)Jerry L. Carl (Republican)Tim Walberg (Republican)Earl L. "Buddy" Carter (Republican)Andrew R. Garbarino (Republican)Nathaniel Moran (Republican)Michael Waltz (Republican)Ken Calvert (Republican)J. French Hill (Republican)Scott Perry (Republican)Rudy Yakym (Republican)Maria Elvira Salazar (Republican)Jason Smith (Republican)Dan Newhouse (Republican)Lloyd Smucker (Republican)Morgan Luttrell (Republican)Gus M. Bilirakis (Republican)Steve Scalise (Republican)A. Drew Ferguson (Republican)Ronny Jackson (Republican)Daniel Meuser (Republican)Don Bacon (Republican)Andy Barr (Republican)Mario Diaz-Balart (Republican)Christopher H. Smith (Republican)Darrell Issa (Republican)David P. Joyce (Republican)Carol D. Miller (Republican)Jodey C. Arrington (Republican)Joe Wilson (Republican)Pat Fallon (Republican)Jake Ellzey (Republican)Mike Kelly (Republican)Nancy Mace (Republican)Mike D. Rogers (Republican)Richard Hudson (Republican)Roger Williams (Republican)Kat Cammack (Republican)John Joyce (Republican)Brad Finstad (Republican)Kelly Armstrong (Republican)Glenn Grothman (Republican)Brian J. Mast (Republican)Nicholas A. Langworthy (Republican)Ron Estes (Republican)W. Gregory Steube (Republican)Blake D. Moore (Republican)John R. Moolenaar (Republican)Bruce Westerman (Republican)John H. Rutherford (Republican)Dan Bishop (Republican)Charles J. "Chuck" Fleischmann (Republican)Austin Scott (Republican)James Comer (Republican)Scott Fitzgerald (Republican)Daniel Webster (Republican)Harriet M. Hageman (Republican)Michael Cloud (Republican)Mark E. Green (Republican)August Pfluger (Republican)Lauren Boebert (Republican)Blaine Luetkemeyer (Republican)Mike Gallagher (Republican)Larry Bucshon (Republican)Gary J. Palmer (Republican)Julia Letlow (Republican)Mark E. Amodei (Republican)Garret Graves (Republican)Mary E. Miller (Republican)Lisa C. McClain (Republican)Tony Gonzales (Republican)Sam Graves (Republican)Mike Bost (Republican)Russell Fry (Republican)Michael K. Simpson (Republican)Pete Stauber (Republican)David G. Valadao (Republican)Michael R. Turner (Republican)Dale W. Strong (Republican)Debbie Lesko (Republican)Wesley Hunt (Republican)John W. Rose (Republican)Derrick Van Orden (Republican)Dan Crenshaw (Republican)Bill Huizenga (Republican)Matt Gaetz (Republican)Randy Feenstra (Republican)Robert E. Latta (Republican)Kevin Hern (Republican)Bill Posey (Republican)Burgess Owens (Republican)Randy K. Sr. Weber (Republican)Ben Cline (Republican)Russ Fulcher (Republican)Greg Pence (Republican)Virginia Foxx (Republican)Ralph Norman (Republican)Erin Houchin (Republican)Andrew S. Clyde (Republican)Josh Brecheen (Republican)Cathy McMorris Rodgers (Republican)Jack Bergman (Republican)Tracey Mann (Republican)Bill Johnson (Republican)Michelle Fischbach (Republican)Robert B. Aderholt (Republican)Troy Balderson (Republican)Brian Babin (Republican)Patrick T. McHenry (Republican)Michael Guest (Republican)Nicole Malliotakis (Republican)Vern Buchanan (Republican)Eric Burlison (Republican)

Judiciary Committee

Crime and Law Enforcement

Related Bills

  • HRES 118-5: Adopting the Rules of the House of Representatives for the One Hundred Eighteenth Congress, and for other purposes.
  • S 118-204: Born-Alive Abortion Survivors Protection Act
  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
AbortionCivil actions and liabilityCriminal investigation, prosecution, interrogationHealth personnelLegal fees and court costsMedical ethicsViolent crime