In the House of Representatives, U. S., 

September 18, 2015. 

Resolved, That the bill from the Senate (S. 1603) entitled ‘‘An Act to actively recruit members of the Armed 

Forces who are separating from military service to serve as 

Customs and Border Protection Officers.’’, do pass with the 

following 

AMENDMENT: 

Strike out all after the enacting clause and insert: 

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Born-Alive Abortion 

3 Survivors Protection Act’’. 

4 SEC. 2. FINDINGS. 

5 Congress finds as follows: 

6 (1) If an abortion results in the live birth of an 

7 infant, the infant is a legal person for all purposes 

8 under the laws of the United States, and entitled to 

9 all the protections of such laws. 

10 (2) Any infant born alive after an abortion or 

11 within a hospital, clinic, or other facility has the 

12 same claim to the protection of the law that would 

13 arise for any newborn, or for any person who comes 

14 to a hospital, clinic, or other facility for screening 
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1 and treatment or otherwise becomes a patient within 

2 its care. 

3 SEC. 3. BORN-ALIVE INFANTS PROTECTION. 

4 (a) REQUIREMENTS PERTAINING TO BORN-ALIVE

5 ABORTION SURVIVORS.—Chapter 74 of title 18, United 

6 States Code, is amended by inserting after section 1531 the 

7 following: 

8 ‘‘§ 1532. Requirements pertaining to born-alive abor9 tion survivors 

10 ‘‘(a) REQUIREMENTS FOR HEALTH CARE PRACTI11 TIONERS.—In the case of an abortion or attempted abortion 

12 that results in a child born alive (as defined in section 8 

13 of title 1, United States Code (commonly known as the 

14 ‘Born-Alive Infants Protection Act’)): 

15 ‘‘(1) DEGREE OF CARE REQUIRED; IMMEDIATE

16 ADMISSION TO A HOSPITAL.—Any health care practi17 tioner present at the time the child is born alive 

18 shall— 

19 ‘‘(A) exercise the same degree of professional 

20 skill, care, and diligence to preserve the life and 

21 health of the child as a reasonably diligent and 

22 conscientious health care practitioner would 

23 render to any other child born alive at the same 

24 gestational age; and 
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1 ‘‘(B) following the exercise of skill, care, and 

2 diligence required under subparagraph (A), en3 sure that the child born alive is immediately 

4 transported and admitted to a hospital. 

5 ‘‘(2) MANDATORY REPORTING OF VIOLATIONS.— 

6 A health care practitioner or any employee of a hos7 pital, a physician’s office, or an abortion clinic who 

8 has knowledge of a failure to comply with the require9 ments of paragraph (1) shall immediately report the 

10 failure to an appropriate State or Federal law en11 forcement agency, or to both. 

12 ‘‘(b) PENALTIES.— 

13 ‘‘(1) IN GENERAL.—Whoever violates subsection 

14 (a) shall be fined under this title or imprisoned for 

15 not more than 5 years, or both. 

16 ‘‘(2) INTENTIONAL KILLING OF CHILD BORN

17 ALIVE.—Whoever intentionally performs or attempts 

18 to perform an overt act that kills a child born alive 

19 described under subsection (a), shall be punished as 

20 under section 1111 of this title for intentionally kill21 ing or attempting to kill a human being. 

22 ‘‘(c) BAR TO PROSECUTION.—The mother of a child 

23 born alive described under subsection (a) may not be pros24 ecuted under this section, for conspiracy to violate this sec-
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1 tion, or for an offense under section 3 or 4 of this title based 

2 on such a violation. 

3 ‘‘(d) CIVIL REMEDIES.— 

4 ‘‘(1) CIVIL ACTION BY A WOMAN ON WHOM AN

5 ABORTION IS PERFORMED.—If a child is born alive 

6 and there is a violation of subsection (a), the woman 

7 upon whom the abortion was performed or attempted 

8 may, in a civil action against any person who com9 mitted the violation, obtain appropriate relief. 

10 ‘‘(2) APPROPRIATE RELIEF.—Appropriate relief 

11 in a civil action under this subsection includes— 

12 ‘‘(A) objectively verifiable money damage 

13 for all injuries, psychological and physical, occa14 sioned by the violation of subsection (a); 

15 ‘‘(B) statutory damages equal to 3 times the 

16 cost of the abortion or attempted abortion; and 

17 ‘‘(C) punitive damages. 

18 ‘‘(3) ATTORNEY’S FEE FOR PLAINTIFF.—The 

19 court shall award a reasonable attorney’s fee to a pre20 vailing plaintiff in a civil action under this sub21 section. 

22 ‘‘(4) ATTORNEY’S FEE FOR DEFENDANT.—If a 

23 defendant in a civil action under this subsection pre24 vails and the court finds that the plaintiff’s suit was 

25 frivolous, the court shall award a reasonable attor-
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1 ney’s fee in favor of the defendant against the plain2 tiff. 

3 ‘‘(e) DEFINITIONS.—In this section the following defi4 nitions apply: 

5 ‘‘(1) ABORTION.—The term ‘abortion’ means the 

6 use or prescription of any instrument, medicine, 

7 drug, or any other substance or device— 

8 ‘‘(A) to intentionally kill the unborn child 

9 of a woman known to be pregnant; or 

10 ‘‘(B) to intentionally terminate the preg11 nancy of a woman known to be pregnant, with 

12 an intention other than— 

13 ‘‘(i) after viability, to produce a live 

14 birth and preserve the life and health of the 

15 child born alive; or 

16 ‘‘(ii) to remove a dead unborn child. 

17 ‘‘(2) ATTEMPT.—The term ‘attempt’, with respect 

18 to an abortion, means conduct that, under the cir19 cumstances as the actor believes them to be, con20 stitutes a substantial step in a course of conduct 

21 planned to culminate in performing an abortion.’’. 

22 (b) CLERICAL AMENDMENT.—The table of sections for 

23 chapter 74 of title 18, United States Code, is amended by 
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1 inserting after the item pertaining to section 1531 the fol2 lowing: 

‘‘1532. Requirements pertaining to born-alive abortion survivors.’’. 

Attest: 

Clerk. 

114TH CONGRESS 

1ST SESSION S. 1603 

AMENDMENT