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. 
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 ‘‘Protection of Born- 
Alive Abortion Survivors Act’’. 
SEC. 2. FINDINGS. 
Congress finds the following: 
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(1) If an abortion or attempted 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 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 pa-
tient within its care. 
SEC. 3. BORN-ALIVE INFANTS PROTECTION. 
(a) REQUIREMENTS PERTAINING
TO BORN-ALIVE 
ABORTION SURVIVORS.—Chapter 74 of title 18, United 
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: 
‘‘(1) DEGREE OF CARE REQUIRED.—Any health 
care practitioner present at the time the child is 
born alive shall exercise the same degree of profes-
sional skill, care, and diligence to preserve the life 
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and health of the child as a reasonably diligent and 
conscientious health care practitioner would render 
to any other child born alive at the same gestational 
age, ensuring the child is receiving the best available 
care. 
‘‘(2) 
MANDATORY
REPORTING
OF
VIOLA-
TIONS.—A health care practitioner or employee 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 re-
port 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, 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 for a violation of this section, an attempt to violate 
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this section, a conspiracy to violate this section, or an of-
fense 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-
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. 
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‘‘(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: 
‘‘(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. 
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‘‘(3) BORN ALIVE.—The term ‘born alive’ has 
the meaning given that term in section 8 of title 1, 
United States Code (commonly known as the ‘Born- 
Alive Infants Protection Act’).’’. 
(b) CONFORMING AMENDMENTS.— 
(1) The table of sections for chapter 74 of title 
18, United States Code, is amended by adding at 
the end the following: 
‘‘1532. Requirements pertaining to born-alive abortion survivors.’’. 
(2) The chapter heading for chapter 74 of title 
18, United States Code, is amended by striking 
‘‘PARTIAL-BIRTH ABORTIONS’’ and insert-
ing ‘‘ABORTIONS’’. 
(3) The table of chapters for part I of title 18, 
United States Code, is amended by striking the item 
relating to chapter 74 and inserting the following: 
‘‘74. Abortions .......................................................................................... 1531’’. 
SEC. 4. EFFECTIVE DATE. 
This Act shall take effect one day after the date of 
enactment. 
Æ 
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