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CIVIC HERALD
HR 21 · 119th Congress · HouseIn committee

Born-Alive Abortion Survivors Protection Act

In plain language: This bill requires health care workers to provide the same level of medical care to an infant born alive following an abortion as they would to any newborn of the same gestational age, followed by immediate hospital transfer. Clinic and hospital staff must report any failure to provide this care to law enforcement, and violators face federal fines, up to five years in prison, or federal murder charges for intentional harm. The measure explicitly exempts the mother from criminal prosecution and permits her to sue medical providers for monetary damages if they violate these care requirements.

Provisional: our plain-language summary, pending review.

Provisionalunreviewed: impact, provisions, stakeholders, summary
People affectedNot determinable from the text provided; the bill applies nationwide to health care practitioners and facility staff in relevant clinical scenarios, but contains no population figures.
Fiscal magnitudeno CBO estimate published
Reach45provisional · pending reviewrigor: heuristic llm
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Issues

What this bill touches.

Sentencing & corrections−35Courts & liability+25Abortion policy−40

The sign shows the bill's direction on each issue (+ toward, − away); the number is its magnitude. Color never encodes good or bad, and never party.

Who it affects

Who it helps · who it burdens.

Who it helps

  • Infants born alive after an abortionEntitled to the same degree of professional medical care and diligence to preserve their life and health as any other newborn at the same gestational age, as well as immediate transport and admission to a hospital (Sec. 3(a)(1532)(a)(1)).provisional
  • Mothers of infants born alive after an abortionGranted immunity from criminal prosecution under the act and authorized to bring civil lawsuits against violators for actual damages, punitive damages, triple statutory damages, and attorney fees (Sec. 3(a)(1532)(c), (d)(1)-(3)).provisional

Who it burdens

  • Health care practitioners and clinic employeesRequired to provide life-preserving medical care to infants born alive during abortions, ensure immediate hospital transfer, and report known non-compliance to law enforcement, facing up to 5 years in prison, criminal fines, and civil liability for failures (Sec. 3(a)(1532)(a)(1)-(2), (b)(1), (d)(1)-(2)).provisional

Dollar-level funding (FEC sector totals) is coming in a later phase.

What it does

The provisions, in plain language.

  1. Requires health care practitioners present during an abortion that results in a live birth to provide the same medical care as they would for any other newborn at the same gestational age, and immediately admit the child to a hospital.

    Sec. 3(a)(1532)(a)(1)provisional
  2. Imposes criminal fines, up to 5 years in prison, or both, on health care personnel who fail to provide the required medical care or fail to report violations.

    Sec. 3(a)(1532)(b)(1)provisional
  3. Subject individuals who intentionally kill or attempt to kill a child born alive after an abortion to federal penalties for murder or attempted murder.

    Sec. 3(a)(1532)(b)(2)provisional
  4. Prohibits the mother of a child born alive from being criminally prosecuted for violations of these requirements or related conspiracy offenses.

    Sec. 3(a)(1532)(c)provisional
  5. Authorizes the mother to file a civil lawsuit against violators to recover actual damages, punitive damages, and statutory damages equal to three times the cost of the abortion.

    Sec. 3(a)(1532)(d)(1)provisional

How your members of Congress line up

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Timeline

How it moved.

  1. Jan 24, 2025Received in the Senate and Read twice and referred to the Committee on the Judiciary.
  2. Jan 23, 2025Motion to reconsider laid on the table Agreed to without objection.
  3. Jan 23, 2025On passage Passed by the Yeas and Nays: 217 - 204, 1 Present (Roll no. 27). (text: CR H335-336)
  4. Jan 23, 2025Passed/agreed to in House: On passage Passed by the Yeas and Nays: 217 - 204, 1 Present (Roll no. 27). (text: CR H335-336)
  5. Jan 23, 2025On motion to recommit Failed by the Yeas and Nays: 205 - 216 (Roll no. 26).
  6. Jan 3, 2025Introduced in House
  7. Jan 3, 2025Introduced in House

The original text

Read it for yourself.

Sources & provenance

Congress.govrefreshed 9 days ago

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