H.R. 21 Passed the House Crime and Law Enforcement

Born-Alive Abortion Survivors Protection Act

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.

  1. Introduced
  2. Committee
  3. Passed House
  4. Passed Senate
  5. To President
  6. Became law
Sponsor Rep. Wagner, Ann [R-MO-2] Introduced January 3, 2025 Cosponsors 163 (163 R) Latest action January 24, 2025

Summary

Born-Alive Abortion Survivors Protection Act
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.
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.
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.
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 under this bill and allows her to bring a civil action against a health care practitioner or other employee for violations.

Summary by the Congressional Research Service, Library of Congress.

Congress.gov

Roll-call votes

Actions

  1. Jan 24, 2025 Received in the Senate and Read twice and referred to the Committee on the Judiciary.
  2. Jan 23, 2025 Motion to reconsider laid on the table Agreed to without objection.
  3. Jan 23, 2025 On passage Passed by the Yeas and Nays: 217 - 204, 1 Present (Roll no. 27). (text: CR H335-336)
  4. Jan 23, 2025 Passed/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, 2025 On motion to recommit Failed by the Yeas and Nays: 205 - 216 (Roll no. 26).
  6. Jan 23, 2025 Considered as unfinished business. (consideration: CR H347-348)
  7. Jan 23, 2025 POSTPONED PROCEEDINGS - At the conclusion of debate on H.R. 21, the Chair put the question on the motion to recommit and by voice vote, announced that the noes had prevailed. Ms. Chu demanded the yeas and nays and the Chair postponed further proceedings until a time to be announced.
  8. Jan 23, 2025 The previous question on the motion to recommit was ordered pursuant to clause 2(b) of rule XIX.
  9. Jan 23, 2025 Ms. Chu moved to recommit to the Committee on the Judiciary. (text: CR H344-345)
  10. Jan 23, 2025 The previous question was ordered pursuant to the rule.
  11. Jan 23, 2025 DEBATE - The House proceeded with one hour of debate on H.R. 21.
  12. Jan 23, 2025 Considered under the provisions of rule H. Res. 5. (consideration: CR H335-345)

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