I 

116TH CONGRESS 

1ST SESSION H. R. 962 

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

from failing to exercise the proper degree of care in the case of a 

child who survives an abortion or attempted abortion. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 5, 2019 

Mrs. WAGNER (for herself, Mr. BABIN, Mr. BACON, Mr. BANKS, Mr. BOST, 

Mr. COLLINS of New York, Mr. COLLINS of Georgia, Mr. DAVIDSON of 

Ohio, Mr. DUNCAN, Mr. EMMER, Mr. GIBBS, Mr. GOSAR, Mr. HUIZENGA, 

Mr. JOHNSON of Ohio, Mr. KELLY of Pennsylvania, Mr. LAMBORN, Mr. 

MOONEY of West Virginia, Mr. MULLIN, Mr. NORMAN, Mr. DAVID P. 

ROE of Tennessee, Mr. STEWART, Mr. WALKER, Mrs. WALORSKI, Mr. 

WEBER of Texas, Mr. WITTMAN, Mr. LATTA, Mr. ALLEN, Mr. GREEN

of Tennessee, Mr. GIANFORTE, Mr. ROY, Mr. BARR, Mr. WALBERG, Ms. 

CHENEY, Mr. JOHNSON of Louisiana, Mr. JOYCE of Pennsylvania, Mr. 

CHABOT, Ms. FOXX of North Carolina, Mr. ABRAHAM, Mr. MARSHALL, 

Mr. STAUBER, Mr. FERGUSON, Mr. SMUCKER, Mr. HICE of Georgia, Mr. 

HARRIS, Mr. SCALISE, Mr. MCCARTHY, Mr. JORDAN, Mr. RATCLIFFE, 

and Mr. TIMMONS) introduced the following bill; which was referred to 

the Committee on the Judiciary 

A BILL 

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

care practitioner from failing to exercise 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, 


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1 SECTION 1. SHORT TITLE. 

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

3 Survivors Protection Act’’. 

4 SEC. 2. FINDINGS; CONSTITUTIONAL AUTHORITY. 

5 (a) FINDINGS.—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 

15 and treatment or otherwise becomes a patient within 

16 its care. 

17 (b) CONSTITUTIONAL AUTHORITY.—In accordance 

18 with the above findings, Congress enacts the following 

19 pursuant to Congress’ power under— 

20 (1) section 5 of the 14th Amendment, including 

21 the power to enforce the prohibition on government 

22 action denying equal protection of the laws; and 

23 (2) section 8 of article I to make all laws nec24 essary and proper for carrying into execution the 

25 powers vested by the Constitution of the United 


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1 States, including the power to regulate commerce 

2 under clause 3 of such section. 

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 

7 the 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 abor12 tion that results in a child born alive (as defined in section 

13 8 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 profes20 sional skill, care, and diligence to preserve the 

21 life and health of the child as a reasonably dili22 gent and conscientious health care practitioner 

23 would render to any other child born alive at 

24 the same gestational age; and 


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1 ‘‘(B) following the exercise of skill, care, 

2 and diligence required under subparagraph (A), 

3 ensure that the child born alive is immediately 

4 transported and admitted to a hospital. 

5 ‘‘(2) MANDATORY REPORTING OF VIOLA6 TIONS.—A health care practitioner or any employee 

7 of a hospital, a physician’s office, or an abortion 

8 clinic who has knowledge of a failure to comply with 

9 the requirements of paragraph (1) shall immediately 

10 report the failure to an appropriate State or Federal 

11 law enforcement 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 


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1 section, or for an offense under section 3 or 4 of this title 

2 based 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 at8 tempted may, in a civil action against any person 

9 who committed the violation, obtain appropriate re10 lief. 

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

12 in a civil action under this subsection includes— 

13 ‘‘(A) objectively verifiable money damage 

14 for all injuries, psychological and physical, occa15 sioned by the violation of subsection (a); 

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

17 the cost of the abortion or attempted abortion; 

18 and 

19 ‘‘(C) punitive damages. 

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

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

22 prevailing plaintiff in a civil action under this sub23 section. 

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

25 defendant in a civil action under this subsection preVerDate Sep 11 2014 04:40 Feb 13, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H962.IH H962

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1 vails and the court finds that the plaintiff’s suit was 

2 frivolous, the court shall award a reasonable attor3 ney’s fee in favor of the defendant against the plain4 tiff. 

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

6 definitions apply: 

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

8 the use or prescription of any instrument, medicine, 

9 drug, or any other substance or device— 

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

11 of a woman known to be pregnant; or 

12 ‘‘(B) to intentionally terminate the preg13 nancy of a woman known to be pregnant, with 

14 an intention other than— 

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

16 birth and preserve the life and health of 

17 the child born alive; or 

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

19 ‘‘(2) ATTEMPT.—The term ‘attempt’, with re20 spect to an abortion, means conduct that, under the 

21 circumstances as the actor believes them to be, con22 stitutes a substantial step in a course of conduct 

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

24 (b) CLERICAL AMENDMENT.—The table of sections 

25 for chapter 74 of title 18, United States Code, is amended 


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1 by inserting after the item pertaining to section 1531 the 

2 following: 

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

3 (c) CHAPTER HEADING AMENDMENTS.— 

4 (1) CHAPTER HEADING IN CHAPTER.—The 

5 chapter heading for chapter 74 of title 18, United 

6 States Code, is amended by striking ‘‘Partial7 Birth Abortions’’ and inserting ‘‘Abortions’’. 

8 (2) TABLE OF CHAPTERS FOR PART I.—The 

9 item relating to chapter 74 in the table of chapters 

10 at the beginning of part I of title 18, United States 

11 Code, is amended by striking ‘‘Partial-Birth Abor12 tions’’ and inserting ‘‘Abortions’’. 

Æ 


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