Title: Protection of Born-Alive Abortion Survivors Act
Policy area: Crime and Law Enforcement

Summary:
Protection of Born-Alive Abortion Survivors Act
This bill establishes requirements for the degree of care a health care practitioner must exercise in the event a child is born alive following an abortion or attempted abortion.
A health care practitioner who is present must exercise the same degree of care as reasonably provided to another child born alive at the same gestational age. The bill also requires a health care practitioner or other employee to immediately report any failure to comply with this requirement to law enforcement.
A person who violates the requirements is subject to criminal penalties—a fine, up to five years in prison, or both.
Additionally, an individual who intentionally kills or attempts to kill a child born alive is subject to prosecution for murder.
The bill bars the criminal prosecution of a mother of a child born alive for conspiracy to violate these provisions, for being an accessory after the fact, or for concealment of a felony.
A woman who undergoes an abortion or attempted abortion may file a civil action for damages against an individual who violates this bill.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8923 Introduced in House (IH)]

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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 Representatives 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:
            (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 patient 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:
``Sec. 1532. Requirements pertaining to born-alive abortion survivors
    ``(a) Requirements for Health Care Practitioners.--In the case of 
an abortion or attempted abortion 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 professional skill, care, and 
        diligence to preserve the life 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 violations.--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 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, 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 killing 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 prosecuted for a violation of 
this section, an attempt to violate this section, a conspiracy to 
violate this section, or 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 attempted may, in a civil action against any 
        person who committed the violation, obtain appropriate relief.
            ``(2) Appropriate relief.--Appropriate relief in a civil 
        action under this subsection includes--
                    ``(A) objectively verifiable money damage for all 
                injuries, psychological and physical, occasioned 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 subsection.
            ``(4) Attorney's fee for defendant.--If a defendant in a 
        civil action under this subsection prevails and the court finds 
        that the plaintiff's suit was frivolous, the court shall award 
        a reasonable attorney's fee in favor of the defendant against 
        the plaintiff.
    ``(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 pregnancy 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 respect to an 
        abortion, means conduct that, under the circumstances as the 
        actor believes them to be, constitutes a substantial step in a 
        course of conduct planned to culminate in performing an 
        abortion.
            ``(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 inserting ``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.
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