{"format":1,"id":"119-hr-21","congress":119,"number":"H.R. 21","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":"Official Title from EH (Engrossed in House) bill text","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":"Short Titles from RFS (Referred to Senate) bill text","title":"Born-Alive Abortion Survivors Protection Act"},{"type":"Short Title(s) as Passed House","title":"Born-Alive Abortion Survivors Protection Act"},{"type":"Short Title(s) as Introduced","title":"Born-Alive Abortion Survivors Protection Act"}],"outcome":"passed_house","law_number":null,"introduced":"2025-01-03","chambers":{"house":{"status":"roll_call","date":"2025-01-23","vote":{"id":"119-2025-h27","question":"On Passage","title":"Born-Alive Abortion Survivors Protection Act","result":"Passed","yea":217,"nay":204,"present":1,"not_voting":11,"source":"https://clerk.house.gov/evs/2025/roll027.xml"}},"senate":{"status":"pending","date":null,"vote":null}},"president":{"status":"not_yet","date":null},"vice_president_tie_breaker":null,"latest_action":{"text":"Received in the Senate and Read twice and referred to the Committee on the Judiciary.","date":"2025-01-24"},"nominees":null,"amendments":[],"other_votes":[{"chamber":"house","date":"2025-01-23","question":"On Motion to Recommit","title":"Born-Alive Abortion Survivors Protection Act","result":"Failed","yea":205,"nay":216,"present":0,"not_voting":12,"kind":"procedural","source":"https://clerk.house.gov/evs/2025/roll026.xml"}],"crs_summary":{"date":"2025-01-03","stage":"Introduced in 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":"Adds a section to title 18 of the United States Code that sets requirements, criminal penalties and civil remedies for health care practitioners in the case of a child born alive after an abortion or attempted abortion.","cites":[{"label":"Sec. 3","href":"https://www.congress.gov/bill/119th-congress/house-bill/21/text/eh#H45F563B5B89943768D183E3A3E96881A"}]},"core_areas":["Care and hospital admission requirements for a child born alive after an abortion or attempted abortion","Criminal penalties and civil remedies for violations"],"what_it_does":[{"text":"Requires any health care practitioner present when a child is born alive after an abortion or attempted abortion to exercise the same degree of professional skill, care, and diligence that a reasonably diligent and conscientious practitioner would render to any other child born alive at the same gestational age.","cite":{"label":"Sec. 3","href":"https://www.congress.gov/bill/119th-congress/house-bill/21/text/eh#H45F563B5B89943768D183E3A3E96881A"}},{"text":"Requires the 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/119th-congress/house-bill/21/text/eh#H45F563B5B89943768D183E3A3E96881A"}},{"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 an appropriate State or Federal law enforcement agency, or both.","cite":{"label":"Sec. 3","href":"https://www.congress.gov/bill/119th-congress/house-bill/21/text/eh#H45F563B5B89943768D183E3A3E96881A"}},{"text":"Sets a penalty of a fine, up to 5 years in prison, or both for a violation, and punishes intentionally performing or attempting an overt act that kills a child born alive as under section 1111 of title 18.","cite":{"label":"Sec. 3","href":"https://www.congress.gov/bill/119th-congress/house-bill/21/text/eh#H45F563B5B89943768D183E3A3E96881A"}},{"text":"Bars prosecution of the mother of the child born alive under the new section, for conspiracy to violate it, or for an offense under section 3 or 4 of title 18 based on a violation.","cite":{"label":"Sec. 3","href":"https://www.congress.gov/bill/119th-congress/house-bill/21/text/eh#H45F563B5B89943768D183E3A3E96881A"}},{"text":"Allows the woman on whom the abortion was performed or attempted to bring a civil action for appropriate relief, including money damages, statutory damages of 3 times the cost of the abortion or attempted abortion, punitive damages, and attorney's fees.","cite":{"label":"Sec. 3","href":"https://www.congress.gov/bill/119th-congress/house-bill/21/text/eh#H45F563B5B89943768D183E3A3E96881A"}}],"unexpected":[],"version":{"type":"Engrossed in House","date":"2025-01-23","rule":"passed","href":"https://www.congress.gov/bill/119th-congress/house-bill/21/text/eh"},"current":true,"model":"claude-sonnet-5-5","approved":"2026-09-29","approved_by":"checks"},"sources":{"congress_gov":"https://www.congress.gov/bill/119th-congress/house-bill/21","text":"https://www.congress.gov/bill/119th-congress/house-bill/21/text"},"card":{"image":"card/item/119-hr-21.png","v":"da7e8266828f","alt":"Votes on Record. H.R. 21, 119th Congress: Born-Alive Abortion Survivors Protection Act. House: 217 Yea, 204 Nay. Senate: not yet considered. Outcome: Passed House, 23 Jan 2025."}}