I 

119TH CONGRESS 

1ST SESSION H. R. 21 

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 

JANUARY 3, 2025 

Mrs. WAGNER (for herself, Mr. SCALISE, and Mrs. CAMMACK) 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, 

3 SECTION 1. SHORT TITLE. 

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

5 Survivors Protection Act’’. 

6 SEC. 2. FINDINGS; CONSTITUTIONAL AUTHORITY. 

7 (a) FINDINGS.—Congress finds as follows: 


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

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

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

4 all the protections of such laws. 

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

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

7 same claim to the protection of the law that would 

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

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

10 and treatment or otherwise becomes a patient within 

11 its care. 

12 (b) CONSTITUTIONAL AUTHORITY.—In accordance 

13 with the above findings, Congress enacts the following 

14 pursuant to Congress’ power under— 

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

16 the power to enforce the prohibition on government 

17 action denying equal protection of the laws; and 

18 (2) section 8 of article I to make all laws nec19 essary and proper for carrying into execution the 

20 powers vested by the Constitution of the United 

21 States, including the power to regulate commerce 

22 under clause 3 of such section. 

23 SEC. 3. BORN-ALIVE INFANTS PROTECTION. 

24 (a) REQUIREMENTS PERTAINING TO BORN-ALIVE

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


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1 States Code, is amended by inserting after section 1531 

2 the following: 

3 ‘‘§ 1532. Requirements pertaining to born-alive abor4 tion survivors 

5 ‘‘(a) REQUIREMENTS FOR HEALTH CARE PRACTI6 TIONERS.—In the case of an abortion or attempted abor7 tion that results in a child born alive (as defined in section 

8 8 of title 1, United States Code (commonly known as the 

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

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

11 ADMISSION TO A HOSPITAL.—Any health care practi12 tioner present at the time the child is born alive 

13 shall— 

14 ‘‘(A) exercise the same degree of profes15 sional skill, care, and diligence to preserve the 

16 life and health of the child as a reasonably dili17 gent and conscientious health care practitioner 

18 would render to any other child born alive at 

19 the same gestational age; and 

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

21 and diligence required under subparagraph (A), 

22 ensure that the child born alive is immediately 

23 transported and admitted to a hospital. 

24 ‘‘(2) MANDATORY REPORTING OF VIOLA25 TIONS.—A health care practitioner or any employee 


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

2 clinic who has knowledge of a failure to comply with 

3 the requirements of paragraph (1) shall immediately 

4 report the failure to an appropriate State or Federal 

5 law enforcement agency, or to both. 

6 ‘‘(b) PENALTIES.— 

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

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

9 not more than 5 years, or both. 

10 ‘‘(2) INTENTIONAL KILLING OF CHILD BORN

11 ALIVE.—Whoever intentionally performs or attempts 

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

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

14 under section 1111 of this title for intentionally kill15 ing or attempting to kill a human being. 

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

17 born alive described under subsection (a) may not be pros18 ecuted under this section, for conspiracy to violate this 

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

20 based on such a violation. 

21 ‘‘(d) CIVIL REMEDIES.— 

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

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

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

25 upon whom the abortion was performed or atVerDate Sep 11 2014 00:52 Jan 23, 2025 Jkt 059200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H21.IH H21

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1 tempted may, in a civil action against any person 

2 who committed the violation, obtain appropriate re3 lief. 

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

5 in a civil action under this subsection includes— 

6 ‘‘(A) objectively verifiable money damage 

7 for all injuries, psychological and physical, occa8 sioned by the violation of subsection (a); 

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

10 the cost of the abortion or attempted abortion; 

11 and 

12 ‘‘(C) punitive damages. 

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

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

15 prevailing plaintiff in a civil action under this sub16 section. 

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

18 defendant in a civil action under this subsection pre19 vails and the court finds that the plaintiff’s suit was 

20 frivolous, the court shall award a reasonable attor21 ney’s fee in favor of the defendant against the plain22 tiff. 

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

24 definitions apply: 


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

2 the use or prescription of any instrument, medicine, 

3 drug, or any other substance or device— 

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

5 of a woman known to be pregnant; or 

6 ‘‘(B) to intentionally terminate the preg7 nancy of a woman known to be pregnant, with 

8 an intention other than— 

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

10 birth and preserve the life and health of 

11 the child born alive; or 

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

13 ‘‘(2) ATTEMPT.—The term ‘attempt’, with re14 spect to an abortion, means conduct that, under the 

15 circumstances as the actor believes them to be, con16 stitutes a substantial step in a course of conduct 

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

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

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

20 by inserting after the item pertaining to section 1531 the 

21 following: 

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

22 (c) CHAPTER HEADING AMENDMENTS.— 

23 (1) CHAPTER HEADING IN CHAPTER.—The 

24 chapter heading for chapter 74 of title 18, United 


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1 States Code, is amended by striking ‘‘Partial2 Birth Abortions’’ and inserting ‘‘Abortions’’. 

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

4 item relating to chapter 74 in the table of chapters 

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

6 Code, is amended by striking ‘‘Partial-Birth Abor7 tions’’ and inserting ‘‘Abortions’’. 

Æ 


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