I 

116TH CONGRESS 

2D SESSION H. R. 8923 

To amend title 18, United States Code, to ensure a health care practitioner 

exercises the proper degree of care in the case of a child who survives 

an abortion or attempted abortion. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 9, 2020 

Ms. GABBARD introduced the following bill; which was referred to the 

Committee on the Judiciary 

A BILL 

To amend title 18, United States Code, to ensure a health 

care practitioner exercises the proper degree of care in 

the case of a child who survives an abortion or attempted 

abortion. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Protection of Born5 Alive Abortion Survivors Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 


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1 (1) If an abortion or attempted abortion results 

2 in the live birth of an infant, the infant is a legal 

3 person for all purposes under the laws of the United 

4 States, and entitled to all the protections of such 

5 laws. 

6 (2) Any infant born alive after an abortion has 

7 the same claim to the protection of the law that 

8 would arise for any newborn, or for any person who 

9 comes to a hospital, clinic, or other facility for 

10 screening and treatment or otherwise becomes a pa11 tient within its care. 

12 SEC. 3. BORN-ALIVE INFANTS PROTECTION. 

13 (a) REQUIREMENTS PERTAINING TO BORN-ALIVE

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

15 States Code, is amended by inserting after section 1531 

16 the following: 

17 ‘‘§ 1532. Requirements pertaining to born-alive abor18 tion survivors 

19 ‘‘(a) REQUIREMENTS FOR HEALTH CARE PRACTI20 TIONERS.—In the case of an abortion or attempted abor21 tion that results in a child born alive: 

22 ‘‘(1) DEGREE OF CARE REQUIRED.—Any health 

23 care practitioner present at the time the child is 

24 born alive shall exercise the same degree of profes25 sional skill, care, and diligence to preserve the life 


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1 and health of the child as a reasonably diligent and 

2 conscientious health care practitioner would render 

3 to any other child born alive at the same gestational 

4 age, ensuring the child is receiving the best available 

5 care. 

6 ‘‘(2) MANDATORY REPORTING OF VIOLA7 TIONS.—A health care practitioner or employee of a 

8 hospital, a physician’s office, or an abortion clinic 

9 who has knowledge of a failure to comply with the 

10 requirements of paragraph (1) shall immediately re11 port the failure to an appropriate State or Federal 

12 law enforcement agency, or to both. 

13 ‘‘(b) PENALTIES.— 

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

15 (a) shall be fined under this title, imprisoned for not 

16 more than 5 years, or both. 

17 ‘‘(2) INTENTIONAL KILLING OF CHILD BORN

18 ALIVE.—Whoever intentionally performs or attempts 

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

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

21 under section 1111 of this title for intentionally kill22 ing or attempting to kill a human being. 

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

24 born alive described under subsection (a) may not be pros25 ecuted for a violation of this section, an attempt to violate 


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1 this section, a conspiracy to violate this section, or an of2 fense under section 3 or 4 of this title based on such a 

3 violation. 

4 ‘‘(d) CIVIL REMEDIES.— 

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

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

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

8 upon whom the abortion was performed or at9 tempted may, in a civil action against any person 

10 who committed the violation, obtain appropriate re11 lief. 

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

13 in a civil action under this subsection includes— 

14 ‘‘(A) objectively verifiable money damage 

15 for all injuries, psychological and physical, occa16 sioned by the violation of subsection (a); 

17 ‘‘(B) statutory damages equal to 3 times 

18 the cost of the abortion or attempted abortion; 

19 and 

20 ‘‘(C) punitive damages. 

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

22 court shall award a reasonable attorney’s fee to a 

23 prevailing plaintiff in a civil action under this sub24 section. 


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

2 defendant in a civil action under this subsection pre3 vails and the court finds that the plaintiff’s suit was 

4 frivolous, the court shall award a reasonable attor5 ney’s fee in favor of the defendant against the plain6 tiff. 

7 ‘‘(e) DEFINITIONS.—In this section the following 

8 definitions apply: 

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

10 the use or prescription of any instrument, medicine, 

11 drug, or any other substance or device— 

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

13 of a woman known to be pregnant; or 

14 ‘‘(B) to intentionally terminate the preg15 nancy of a woman known to be pregnant, with 

16 an intention other than— 

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

18 birth and preserve the life and health of 

19 the child born alive; or 

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

21 ‘‘(2) ATTEMPT.—The term ‘attempt’, with re22 spect to an abortion, means conduct that, under the 

23 circumstances as the actor believes them to be, con24 stitutes a substantial step in a course of conduct 

25 planned to culminate in performing an abortion. 


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1 ‘‘(3) BORN ALIVE.—The term ‘born alive’ has 

2 the meaning given that term in section 8 of title 1, 

3 United States Code (commonly known as the ‘Born4 Alive Infants Protection Act’).’’. 

5 (b) CONFORMING AMENDMENTS.— 

6 (1) The table of sections for chapter 74 of title 

7 18, United States Code, is amended by adding at 

8 the end the following: 

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

9 (2) The chapter heading for chapter 74 of title 

10 18, United States Code, is amended by striking 

11 ‘‘PARTIAL-BIRTH ABORTIONS’’ and insert12 ing ‘‘ABORTIONS’’. 

13 (3) The table of chapters for part I of title 18, 

14 United States Code, is amended by striking the item 

15 relating to chapter 74 and inserting the following: 

‘‘74. Abortions .......................................................................................... 1531’’. 

16 SEC. 4. EFFECTIVE DATE. 

17 This Act shall take effect one day after the date of 

18 enactment. 

Æ 


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