{"format":1,"id":"118-hr-26","congress":118,"number":"H.R. 26","kind":"bill","group":"bills","title":"Born-Alive Abortion Survivors Protection Act","title_source":"Short Title(s) as Passed House","official_title":"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.","titles":[{"type":"Official Title as Introduced","title":"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."},{"type":"Display Title","title":"Born-Alive Abortion Survivors Protection Act"},{"type":"Short Title(s) from PCS (Placed on Senate Calendar) bill text","title":"Born-Alive Abortion Survivors Protection Act"},{"type":"Short Title(s) as Introduced","title":"Born-Alive Abortion Survivors Protection Act"},{"type":"Short Title(s) as Passed House","title":"Born-Alive Abortion Survivors Protection Act"}],"outcome":"passed_house","law_number":null,"introduced":"2023-01-09","chambers":{"house":{"status":"roll_call","date":"2023-01-11","vote":{"id":"118-2023-h29","question":"On Passage","title":"Born-Alive Abortion Survivors Protection Act","result":"Passed","yea":220,"nay":210,"present":1,"not_voting":3,"source":"https://clerk.house.gov/evs/2023/roll029.xml"}},"senate":{"status":"na","date":null,"vote":null}},"president":{"status":"na","date":null},"vice_president_tie_breaker":null,"latest_action":{"text":"Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 2.","date":"2023-01-25"},"nominees":null,"amendments":[],"other_votes":[{"chamber":"house","date":"2023-01-11","question":"On Motion to Recommit","title":"Born-Alive Abortion Survivors Protection Act","result":"Failed","yea":212,"nay":219,"present":0,"not_voting":3,"kind":"procedural","source":"https://clerk.house.gov/evs/2023/roll028.xml"}],"crs_summary":{"date":"2023-01-11","stage":"Passed House","blocks":[{"k":"h","t":"Born-Alive Abortion Survivors Protection Act"},{"k":"p","t":"This bill establishes requirements for the degree of care a health care practitioner must provide in the case of a child born alive following an abortion or attempted abortion."},{"k":"p","t":"Specifically, a health care practitioner who is present must (1) exercise the same degree of care as would reasonably be provided to any other child born alive at the same gestational age, and (2) ensure the child is immediately admitted to a hospital. Additionally, a health care practitioner or other employee who has knowledge of a failure to comply with the degree-of-care requirements must immediately report such failure to law enforcement."},{"k":"p","t":"A health care practitioner who fails to provide the required degree of care, or a health care practitioner or other employee who fails to report such failure, is subject to criminal penalties—a fine, up to five years in prison, or both."},{"k":"p","t":"An individual who intentionally kills or attempts to kill a child born alive is subject to prosecution for murder."},{"k":"p","t":"The bill bars the criminal prosecution of a mother of a child born alive under this bill and allows her to bring a civil action against a health care practitioner or other employee for violations."}],"words":200},"summary":{"main_subject":{"text":"Amends title 18 of the United States Code to set duties of care and reporting for health care practitioners when a child is born alive after an abortion or attempted abortion, with criminal penalties and a civil action.","cites":[{"label":"Sec. 3","href":"https://www.congress.gov/bill/118th-congress/house-bill/26/text/eh#H8023FD3B04F24D969C303AD4C27DBAA1"}]},"core_areas":["Degree of care and hospital admission for children born alive after an abortion or attempted abortion","Mandatory reporting of failures to provide that care","Federal criminal penalties for violations","Civil remedies for a woman on whom an abortion was performed or attempted"],"what_it_does":[{"text":"Requires a health care practitioner present when a child is born alive after an abortion or attempted abortion to use the same professional skill, care, and diligence to preserve the child's life and health as would be given to any other child born alive at the same gestational age.","cite":{"label":"Sec. 3","href":"https://www.congress.gov/bill/118th-congress/house-bill/26/text/eh#H8023FD3B04F24D969C303AD4C27DBAA1"}},{"text":"Requires that practitioner, after providing that care, to ensure the child born alive is immediately transported and admitted to a hospital.","cite":{"label":"Sec. 3","href":"https://www.congress.gov/bill/118th-congress/house-bill/26/text/eh#H8023FD3B04F24D969C303AD4C27DBAA1"}},{"text":"Requires a health care practitioner or any employee of a hospital, physician's office, or abortion clinic who knows of a failure to comply to immediately report it to a State or Federal law enforcement agency, or both.","cite":{"label":"Sec. 3","href":"https://www.congress.gov/bill/118th-congress/house-bill/26/text/eh#H8023FD3B04F24D969C303AD4C27DBAA1"}},{"text":"Sets a fine, imprisonment of up to 5 years, or both for a violation, and punishes intentionally performing or attempting an overt act that kills a child born alive as the intentional killing of a human being is punished under title 18.","cite":{"label":"Sec. 3","href":"https://www.congress.gov/bill/118th-congress/house-bill/26/text/eh#H8023FD3B04F24D969C303AD4C27DBAA1"}},{"text":"Bars prosecution of the mother of the child born alive under this section, for conspiracy to violate it, or for related offenses based on such a violation.","cite":{"label":"Sec. 3","href":"https://www.congress.gov/bill/118th-congress/house-bill/26/text/eh#H8023FD3B04F24D969C303AD4C27DBAA1"}},{"text":"Lets the woman on whom the abortion was performed or attempted sue a person who committed a violation for relief including money damages, statutory damages of 3 times the cost of the abortion or attempted abortion, and punitive damages, with attorney's fees as stated.","cite":{"label":"Sec. 3","href":"https://www.congress.gov/bill/118th-congress/house-bill/26/text/eh#H8023FD3B04F24D969C303AD4C27DBAA1"}}],"unexpected":[],"version":{"type":"Engrossed in House","date":"2023-01-11","rule":"passed","href":"https://www.congress.gov/bill/118th-congress/house-bill/26/text/eh"},"current":true,"model":"claude-sonnet-5-5","approved":"2026-10-03","approved_by":"checks"},"sources":{"congress_gov":"https://www.congress.gov/bill/118th-congress/house-bill/26","text":"https://www.congress.gov/bill/118th-congress/house-bill/26/text"},"card":{"image":"card/item/118-hr-26.png","v":"897db7ed05d7","alt":"Votes on Record. H.R. 26, 118th Congress: Born-Alive Abortion Survivors Protection Act. House: 220 Yea, 210 Nay. Outcome: Passed House, 11 Jan 2023."}}