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H.R. 21: Born-Alive Abortion Survivors Protection Act

This bill, known as the Born-Alive Abortion Survivors Protection Act, aims to establish legal protections for infants who are born alive after an abortion or attempted abortion. The main objectives and requirements of the bill can be summarized as follows:

Key Provisions

  • Definition of Born-Alive Infants: The bill defines an infant as a legal person entitled to all protections under U.S. law if born alive following an abortion or in a healthcare facility.
  • Requirements for Healthcare Practitioners:
    • Healthcare providers present at a birth resulting from an abortion must take the same level of care to protect the life and health of the child as they would for any newborn of the same gestational age.
    • After providing care, they must ensure that the child is immediately transported to a hospital for further medical treatment.
  • Mandatory Reporting: Any healthcare practitioner or employee who is aware of a failure to comply with the care requirements must report this to the appropriate state or federal law enforcement agency.
  • Penalties for Non-Compliance:
    • Individuals who fail to comply with the specified care requirements may face fines or imprisonment for up to five years.
    • Those who intentionally kill a child born alive would be prosecuted under laws applicable to homicide.
  • Protection for Mothers: The law stipulates that mothers of a child born alive cannot be prosecuted under this act for any violations that occur.
  • Civil Remedies:
    • A woman upon whom an abortion was performed may file a civil suit for damages if a child born alive suffers due to non-compliance with care requirements.
    • The damages could include compensation for injuries, statutory damages up to three times the cost of the abortion procedure, and punitive damages. The law mandates that the plaintiff's attorney fees should be covered if they win the case.
    • If the defendant prevails and the court finds the plaintiff's suit frivolous, the defendant can also recover attorney fees.
  • Definitions:
    • The bill provides clear definitions of what constitutes an abortion and an attempt to perform one, framing it within the context of the care required for born-alive infants.

Legislative Context

The bill was introduced in the 119th Congress and referred to the Committee on the Judiciary. It seeks to amend the existing Title 18 of the United States Code regarding abortion procedures and the care required for born-alive infants. With its introduction, Congress finds legal authority for this act under sections of the 14th Amendment and Article I of the Constitution.

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Sponsors

164 bill sponsors

Actions

14 actions

Date Action
Jan. 24, 2025 Received in the Senate and Read twice and referred to the Committee on the Judiciary.
Jan. 23, 2025 Considered as unfinished business. (consideration: CR H347-348)
Jan. 23, 2025 Considered under the provisions of rule H. Res. 5. (consideration: CR H335-345)
Jan. 23, 2025 DEBATE - The House proceeded with one hour of debate on H.R. 21.
Jan. 23, 2025 Motion to reconsider laid on the table Agreed to without objection.
Jan. 23, 2025 Ms. Chu moved to recommit to the Committee on the Judiciary. (text: CR H344-345)
Jan. 23, 2025 On motion to recommit Failed by the Yeas and Nays: 205 - 216 (Roll no. 26).
Jan. 23, 2025 On passage Passed by the Yeas and Nays: 217 - 204, 1 Present (Roll no. 27). (text: CR H335-336)
Jan. 23, 2025 Passed/agreed to in House: On passage Passed by the Yeas and Nays: 217 - 204, 1 Present (Roll no. 27). (text: CR H335-336)
Jan. 23, 2025 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.
Jan. 23, 2025 The previous question on the motion to recommit was ordered pursuant to clause 2(b) of rule XIX.
Jan. 23, 2025 The previous question was ordered pursuant to the rule.
Jan. 03, 2025 Introduced in House
Jan. 03, 2025 Referred to the House Committee on the Judiciary.

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