II 
Calendar No. 2 
118TH CONGRESS 
1ST SESSION 
H. R. 26 
IN THE SENATE OF THE UNITED STATES 
JANUARY 23 (legislative day, JANUARY 3), 2023 
Received; read the first time 
JANUARY 25, 2023 
Read the second time and placed on the calendar 
AN ACT 
To amend title 18, United States Code, to prohibit a health 
care practitioner from failing to exercise the proper de-
gree of care in the case of a child who survives an 
abortion or attempted abortion. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Born-Alive Abortion 
Survivors Protection Act’’. 
SEC. 2. FINDINGS; CONSTITUTIONAL AUTHORITY. 
(a) FINDINGS.—Congress finds as follows: 
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(1) If an abortion results in the live birth of an 
infant, the infant is a legal person for all purposes 
under the laws of the United States, and entitled to 
all the protections of such laws. 
(2) Any infant born alive after an abortion or 
within a hospital, clinic, or other facility has the 
same claim to the protection of the law that would 
arise for any newborn, or for any person who comes 
to a hospital, clinic, or other facility for screening 
and treatment or otherwise becomes a patient within 
its care. 
(b) CONSTITUTIONAL AUTHORITY.—In accordance 
with the above findings, Congress enacts the following 
pursuant to Congress’ power under— 
(1) section 5 of the 14th Amendment, including 
the power to enforce the prohibition on government 
action denying equal protection of the laws; and 
(2) section 8 of article I to make all laws nec-
essary and proper for carrying into execution the 
powers vested by the Constitution of the United 
States, including the power to regulate commerce 
under clause 3 of such section. 
SEC. 3. BORN-ALIVE INFANTS PROTECTION. 
(a) REQUIREMENTS PERTAINING
TO BORN-ALIVE 
ABORTION SURVIVORS.—Chapter 74 of title 18, United 
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States Code, is amended by inserting after section 1531 
the following: 
‘‘§ 1532. Requirements pertaining to born-alive abor-
tion survivors 
‘‘(a) REQUIREMENTS FOR HEALTH CARE PRACTI-
TIONERS.—In the case of an abortion or attempted abor-
tion that results in a child born alive (as defined in section 
8 of title 1, United States Code (commonly known as the 
‘Born-Alive Infants Protection Act’)): 
‘‘(1) DEGREE OF CARE REQUIRED; IMMEDIATE 
ADMISSION TO A HOSPITAL.—Any health care practi-
tioner present at the time the child is born alive 
shall— 
‘‘(A) exercise the same degree of profes-
sional skill, care, and diligence to preserve the 
life and health of the child as a reasonably dili-
gent and conscientious health care practitioner 
would render to any other child born alive at 
the same gestational age; and 
‘‘(B) following the exercise of skill, care, 
and diligence required under subparagraph (A), 
ensure that the child born alive is immediately 
transported and admitted to a hospital. 
‘‘(2) 
MANDATORY
REPORTING
OF
VIOLA-
TIONS.—A health care practitioner or any employee 
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of a hospital, a physician’s office, or an abortion 
clinic who has knowledge of a failure to comply with 
the requirements of paragraph (1) shall immediately 
report the failure to an appropriate State or Federal 
law enforcement agency, or to both. 
‘‘(b) PENALTIES.— 
‘‘(1) IN GENERAL.—Whoever violates subsection 
(a) shall be fined under this title or imprisoned for 
not more than 5 years, or both. 
‘‘(2) INTENTIONAL
KILLING
OF
CHILD
BORN 
ALIVE.—Whoever intentionally performs or attempts 
to perform an overt act that kills a child born alive 
described under subsection (a), shall be punished as 
under section 1111 of this title for intentionally kill-
ing or attempting to kill a human being. 
‘‘(c) BAR TO PROSECUTION.—The mother of a child 
born alive described under subsection (a) may not be pros-
ecuted under this section, for conspiracy to violate this 
section, or for an offense under section 3 or 4 of this title 
based on such a violation. 
‘‘(d) CIVIL REMEDIES.— 
‘‘(1) CIVIL ACTION BY A WOMAN ON WHOM AN 
ABORTION IS PERFORMED.—If a child is born alive 
and there is a violation of subsection (a), the woman 
upon whom the abortion was performed or at-
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tempted may, in a civil action against any person 
who committed the violation, obtain appropriate re-
lief. 
‘‘(2) APPROPRIATE RELIEF.—Appropriate relief 
in a civil action under this subsection includes— 
‘‘(A) objectively verifiable money damage 
for all injuries, psychological and physical, occa-
sioned by the violation of subsection (a); 
‘‘(B) statutory damages equal to 3 times 
the cost of the abortion or attempted abortion; 
and 
‘‘(C) punitive damages. 
‘‘(3) ATTORNEY’S FEE FOR PLAINTIFF.—The 
court shall award a reasonable attorney’s fee to a 
prevailing plaintiff in a civil action under this sub-
section. 
‘‘(4) ATTORNEY’S FEE FOR DEFENDANT.—If a 
defendant in a civil action under this subsection pre-
vails and the court finds that the plaintiff’s suit was 
frivolous, the court shall award a reasonable attor-
ney’s fee in favor of the defendant against the plain-
tiff. 
‘‘(e) DEFINITIONS.—In this section the following 
definitions apply: 
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‘‘(1) ABORTION.—The term ‘abortion’ means 
the use or prescription of any instrument, medicine, 
drug, or any other substance or device— 
‘‘(A) to intentionally kill the unborn child 
of a woman known to be pregnant; or 
‘‘(B) to intentionally terminate the preg-
nancy of a woman known to be pregnant, with 
an intention other than— 
‘‘(i) after viability, to produce a live 
birth and preserve the life and health of 
the child born alive; or 
‘‘(ii) to remove a dead unborn child. 
‘‘(2) ATTEMPT.—The term ‘attempt’, with re-
spect to an abortion, means conduct that, under the 
circumstances as the actor believes them to be, con-
stitutes a substantial step in a course of conduct 
planned to culminate in performing an abortion.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
for chapter 74 of title 18, United States Code, is amended 
by inserting after the item pertaining to section 1531 the 
following: 
‘‘1532. Requirements pertaining to born-alive abortion survivors.’’. 
(c) CHAPTER HEADING AMENDMENTS.— 
(1) CHAPTER
HEADING
IN
CHAPTER.—The 
chapter heading for chapter 74 of title 18, United 
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States Code, is amended by striking ‘‘Partial- 
Birth Abortions’’ and inserting ‘‘Abortions’’. 
(2) TABLE OF CHAPTERS FOR PART I.—The 
item relating to chapter 74 in the table of chapters 
at the beginning of part I of title 18, United States 
Code, is amended by striking ‘‘Partial-Birth Abor-
tions’’ and inserting ‘‘Abortions’’. 
Passed the House of Representatives January 11, 
2023. 
Attest: 
CHERYL L. JOHNSON, 
Clerk. 
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Calendar No. 2 
118TH CONGRESS 
1ST SESSION 
H. R. 26 
AN ACT 
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. 
JANUARY 25, 2023 
Read the second time and placed on the calendar 
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22:52 Jan 25, 2023
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