HB21, the Born-Alive Abortion Survivors Protection Act, would amend federal criminal law in title 18 to require health care practitioners to provide the same degree of professional care to any child who is born alive after an abortion or attempted abortion as they would to any other newborn of the same gestational age. It also requires immediate transport and admission to a hospital after that care is provided. The bill defines “born alive” by reference to existing federal law and adds a new criminal offense for failing to meet these duties.
The bill further requires any health care practitioner or hospital/clinic employee who knows of a violation to report it immediately to state or federal law enforcement. It creates criminal penalties of up to five years in prison and/or a fine for violations, and it provides enhanced punishment if someone intentionally kills a born-alive child. The bill also bars prosecution of the mother under this section and creates a private civil right of action for the woman on whom the abortion was performed, including damages, statutory damages, punitive damages, and attorney’s fees. It also makes conforming changes to chapter headings and the table of sections in title 18.
Impact
If enacted, the bill would add a new federal offense in chapter 74 of title 18 governing the treatment of born-alive infants after an abortion or attempted abortion, expanding federal criminal and civil liability for health care practitioners and certain facility employees. It would also alter the organization of title 18 by renaming chapter 74 from “Partial-Birth Abortions” to “Abortions” and adding a new section 1532. The measure would affect abortion providers, hospital and clinic staff, and potentially law enforcement and civil litigants, while expressly exempting the mother from prosecution under the new section.
Sentiment
The bill passed the House, indicating support from a majority of members voting on final passage, but it also drew substantial opposition, as shown by the close vote and the failed motion to recommit. The available record does not include committee debate, but the voting history suggests the measure is highly partisan and closely contested. Overall, the sentiment around the bill appears strongly divided along abortion-policy lines, with supporters framing it as a newborn-protection measure and opponents likely viewing it as an abortion restriction or enforcement expansion.
Contention
The main point of contention is whether the bill is a necessary safeguard for infants who survive an abortion or an additional federal intrusion into abortion care and provider liability. Supporters are likely focused on the duty to preserve life, mandatory reporting, and criminal penalties for neglect or intentional harm. Opponents are likely concerned about the bill’s effect on abortion providers, the breadth of reporting obligations, the criminal and civil penalties, and whether the legislation could be used to chill lawful abortion services or create new legal exposure in medically complex situations. The close House vote reflects these competing views.
Related bill
This resolution establishes rules for the House of Representatives for the 119th Congress.The resolution adopts the rules from the 118th Congress with specified changes, includingproviding that a resolution vacating the Office of Speaker is only privileged (takes precedence over all matters other than motions to adjourn) if it is offered by a sponsor of the majority party joined by eight cosponsors from the majority party; providing that the Speaker may only entertain a motion to suspend the rules on Mondays, Tuesdays, and Wednesdays; prohibiting waiver (by rule or by order) of the germaneness rule (which requires amendments to be of the same subject matter as the measure under consideration); and prohibiting consideration of measures that exceed a specified long-term budget impact according to the Congressional Budget Office.Additional changes includeauthorizing the use of electronic voting within a committee;authorizing remote appearances by non-executive branch witnesses and their counsel in committee proceedings; eliminating the House Office of Diversity and Inclusion; eliminating certain collective bargaining rights for employees of the House of Representatives; reauthorizing the House Select Committee on the Strategic Competition Between the United States and the Chinese Communist Party; reauthorizing the Tom Lantos Human Rights Commission; and reauthorizing the House Democracy Assistance Commission (an entity that advises democratic parliaments in other countries) and renaming it the House Democracy Partnership. The resolution provides for the consideration of H.R. 21, H.R. 22, H.R. 23, H.R. 26, H.R. 27, H.R. 28, H.R. 29, H.R. 30, H.R. 31, H.R. 32, H.R. 33, and H.R. 35.
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.