H.R. 4712House115th Congress (2017-2019)Passed House

Born-Alive Abortion Survivors Protection Act

Introduced December 21, 2017

AI-Generated Summary

Updated April 15, 2026 at 7:52 PM UTC

The Born‑Alive Abortion Survivors Protection Act adds a new criminal provision that requires any health‑care provider who is present when a child is born alive after an abortion to give the child the same level of medical care as any other newborn and to transport the child to a hospital right away. It also creates reporting duties, criminal penalties, and civil remedies for violations, while protecting the mother from prosecution.

Key Provisions

  • Health‑care practitioners must provide the same skill, care, and diligence to a child born alive after an abortion as they would to any other newborn of the same gestational age, and must ensure the child is immediately admitted to a hospital.
  • Any practitioner or employee who knows of a failure to meet these care requirements must promptly report the violation to state or federal law‑enforcement agencies.
  • Violations can result in fines, up to five years in prison, or both; intentional killing of a born‑alive infant is punished as homicide under existing law.
  • The mother of a born‑alive infant cannot be prosecuted for conspiracy or related offenses under this section.
  • A woman whose abortion resulted in a born‑alive infant may sue for monetary, statutory (three times the abortion cost), and punitive damages, and may recover attorney’s fees.
  • The bill defines “abortion” and “attempt” to clarify the scope of the law and updates the criminal code’s chapter heading from “Partial‑Birth Abortions” to simply “Abortions.”

Legislative Activity

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15 earlier actions
SenateIntro Referral Latest Action

Received in the Senate.

January 20, 2018

View full timeline
HouseIntro Referral

Introduced in House

December 21, 2017

HouseIntro Referral

Referred to the House Committee on the Judiciary.

December 21, 2017

HouseCommittee

Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.

December 21, 2017

HouseCommittee

Referred to the Subcommittee on the Constitution and Civil Justice.

December 21, 2017

HouseFloor

Rules Committee Resolution H. Res. 694 Reported to House. Rule provides for consideration of H.R. 4712 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit. Measure will be considered read. Bill is closed to amendments. The rule also provides for proceedings during the period from January 22, 2018 through January 26, 2018.

January 16, 2018 • 7:29 PM

HouseFloor

Rule H. Res. 694 passed House.

January 18, 2018 • 3:23 PM

HouseFloor

Considered under the provisions of rule H. Res. 694. (consideration: CR H560-569)

January 19, 2018 • 9:32 AM

HouseFloor

Rule provides for consideration of H.R. 4712 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit. Measure will be considered read. Bill is closed to amendments. The rule also provides for proceedings during the period from January 22, 2018 through January 26, 2018.

January 19, 2018 • 9:32 AM

HouseFloor

DEBATE - The House proceeded with one hour of debate on H.R. 4712.

January 19, 2018 • 9:32 AM

HouseFloor

The previous question was ordered pursuant to the rule.

January 19, 2018 • 10:38 AM

HouseFloor

POSTPONED PROCEEDINGS - At the conclusion of debate on H.R. 4712, the Chair put the question on passage of the bill, and by voice vote announced that the ayes had prevailed. Mr. Nadler demanded the yeas and nays, and the Chair postponed further proceedings on the question of passage until later in the legislative day.

January 19, 2018 • 10:38 AM

HouseFloor

Considered as unfinished business. (consideration: CR H571)

January 19, 2018 • 11:17 AM

HouseFloor

Passed/agreed to in House: On passage Passed by the Yeas and Nays: 241 - 183 (Roll no. 36).(text: CR H560-561)

January 19, 2018 • 11:27 AM

HouseFloor

On passage Passed by the Yeas and Nays: 241 - 183 (Roll no. 36). (text: CR H560-561)

January 19, 2018 • 11:27 AM

HouseFloor

Motion to reconsider laid on the table Agreed to without objection.

January 19, 2018 • 11:27 AM

SenateIntro Referral

Received in the Senate.

January 20, 2018

Floor Debate

20 members

What members said about H.R. 4712 on the floor

14 Republicans6 Democrats
Tom Cole
Rep. Tom ColeR-OK-4 · Jan 18, 2018

Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 696 and ask for its immediate consideration. Mr. Speaker, for the purpose of debate only, I yield the customary 30…

James P. McGovern
Rep. James P. McGovernD-MA-2 · Jan 18, 2018

Mr. Speaker, I want to thank the gentlewoman from Wyoming (Ms. Cheney) for the customary 30 minutes, and I yield myself such time as I may consume. (Mr. McGOVERN asked and was given permission to…

Louise McIntosh Slaughter
Rep. Louise McIntosh SlaughterD-NY-25 · Jan 18, 2018

Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I thank the gentleman for yielding me the customary time. Mr. Speaker, the Chamber finds itself in much the same position it was…

Liz Cheney
Rep. Liz CheneyR-WY · Jan 18, 2018

Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 694 and ask for its immediate consideration. Mr. Speaker, for the purpose of debate only, I yield the customary 30…

Sheila Jackson Lee
Rep. Sheila Jackson LeeD-TX-18 · Jan 19, 2018

Mr. Speaker, I thank the ranking member for his leadership in serving on this committee, and I thank Mr. Cohen for his very eloquent explanation. Let me say that I stand with these women, Jenny R.,…

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Sheila Jackson Lee
Rep. Sheila Jackson LeeD-TX-18 · Jan 18, 2018

Mr. Speaker, I rise to support the opposing of the rule and opposing of H.R. 4712 to support the right of a woman to choose and to support loving families. Mr. Speaker, I rise in strong opposition to…

Sheila Jackson Lee
Rep. Sheila Jackson LeeD-TX-18 · Jan 18, 2018

Mr. Speaker, my good friend from Oklahoma--and he is a good friend. We have seen each other often in the Rules Committee-- protests too much. This is not a bill, and the American people should know…

Christopher H. Smith
Rep. Christopher H. SmithR-NJ-4 · Jan 17, 2018

Mr. Speaker, it is my privilege and honor, as we approach the March for Life on Friday, to remember the infamous Supreme Court decision that has resulted in the loss of some 60 million unborn babies…

Jerrold Nadler
Rep. Jerrold NadlerD-NY-10 · Jan 19, 2018

Madam Speaker, I yield myself such time as I may consume. Madam Speaker, I rise in strong opposition to H.R. 4712, the so- called Born-Alive Abortion Survivors Protection Act. Despite what its…

Martha Roby
Rep. Martha RobyR-AL-2 · Jan 19, 2018

Madam Speaker, pursuant to House Resolution 694, I call up the bill (H.R. 4712) to amend title 18, United States Code, to prohibit a health care practitioner from failing to exercise the proper…

Louise McIntosh Slaughter
Rep. Louise McIntosh SlaughterD-NY-25 · Jan 18, 2018

Mr. Speaker, I thank the gentleman for yielding. Mr. Speaker, we are back to the House floor today to pass another bill, the real intent of which is to harm women and limit their constitutionally…

Mike Kelly
Rep. Mike KellyR-PA-3 · Jan 17, 2018

Mr. Speaker, I thank the gentleman for yielding. Mr. Speaker, I think the interesting part of our conversation tonight is what we are talking about. We are talking about the Born-Alive Abortion…

Christopher H. Smith
Rep. Christopher H. SmithR-NJ-4 · Jan 18, 2018

Mr. Speaker, I thank my good friend for yielding. Mr. Speaker, doctors, today, routinely diagnose and treat a myriad of illnesses and diseases suffered by societies' littlest patients--unborn babies…

Show 11 more
Jodey C. Arrington
Rep. Jodey C. ArringtonR-TX-19 · Jan 16, 2018

Mr. Speaker, on Friday thousands of people from all across America will come to Washington to march in support of the dignity and equal protection of every God-given human life in this great land. It…

Garret Graves
Rep. Garret GravesR-LA-6 · Jan 17, 2018

Mr. Speaker, I want to thank Mr. Smith for his leadership in this effort for so many decades. Mr. Speaker, we spend millions of dollars every year in this Nation-- in fact, in some cases, billions of…

Steny H. Hoyer
Rep. Steny H. HoyerD-MD-5 · Jan 11, 2018

Mr. Speaker, I yield to the gentleman from California (Mr. McCarthy), my friend and the majority leader, for the purpose of inquiring about the schedule for the week to come. (Mr. McCARTHY asked and…

Barbara Lee
Rep. Barbara LeeD-CA-13 · Jan 18, 2018

Mr. Speaker, I want to thank the gentlewoman for yielding and, once again, for her tremendous leadership on so many issues as our ranking member. Now, I serve as a member of the Appropriations and…

Tim Walberg
Rep. Tim WalbergR-MI-7 · Jan 17, 2018

Mr. Speaker, I thank the gentleman for yielding. This past Sunday, I stood at the side of a casket of a beloved longtime friend who had just turned 95 years of age 5 days before. Up until almost her…

Bob Goodlatte
Rep. Bob GoodlatteR-VA-6 · Jan 19, 2018

Madam Speaker, I want to thank the gentlewoman from Alabama, a member of the Judiciary Committee, for her outstanding work on this issue. Today, thousands of people are rallying in the Nation's…

Robert Pittenger
Rep. Robert PittengerR-NC-9 · Jan 17, 2018

Mr. Speaker, I rise to speak on behalf of our Nation's greatest tragedy. I would like to thank Chairman Smith so much for his leadership over the past 35 years. He has been unrelenting in his…

Jody B. Hice
Rep. Jody B. HiceR-GA-10 · Jan 17, 2018

Mr. Speaker, what an honor it is to be here with Mr. Smith of New Jersey. I thank the gentleman for leading and managing not only the calls but this Special Order this evening. It is amazing to me…

Kevin McCarthy
Rep. Kevin McCarthyR-CA-23 · Jan 11, 2018

Mr. Speaker, I thank the gentleman for yielding. Mr. Speaker, on Monday, no votes are expected in the House. On Tuesday, the House will meet at noon for morning hour and 2 p.m. for legislative…

Pete Olson
Rep. Pete OlsonR-TX-22 · Jan 17, 2018

Mr. Speaker, I thank my dear friend and unquestioned leading fighter for all life as the chairman of the Pro-Life Caucus, Chairman Chris Smith. My dear friend has saved millions of lives not just in…

Virginia Foxx
Rep. Virginia FoxxR-NC-5 · Jan 17, 2018

Mr. Speaker, I thank the gentleman for yielding. I want to join my colleagues who all thank the gentleman tonight for the fantastic leadership that he has given to this issue for so many years. Mr.…

Bill Text

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Received in SenateIssued January 20, 2018

II

115th CONGRESS

2d Session

H. R. 4712

IN THE SENATE OF THE UNITED STATES

January 20, 2018

Received

AN 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.

Short title

This Act may be cited as the Born-Alive Abortion Survivors Protection Act.

2.

Findings

Congress finds as follows:

(1)

If an 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 or within a hospital, clinic, or other facility 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.

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:

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 (as defined in section 8 of title 1, United States Code (commonly known as the Born-Alive Infants Protection Act)):

(1)

Degree of care required; immediate admission to a hospital

Any health care practitioner present at the time the child is born alive shall—

(A)

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; and

(B)

following the exercise of skill, care, and diligence required under subparagraph (A), ensure that the child born alive is immediately transported and admitted to a hospital.

(2)

Mandatory reporting of violations

A health care practitioner or any 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 or 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 under this section, for conspiracy to violate this section, or for 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.

.

(b)

Clerical amendment

The table of sections for chapter 74 of title 18, United States Code, is amended by inserting after the item pertaining to section 1531 the following:

1532. Requirements pertaining to born-alive abortion survivors.

.

(c)

Chapter heading amendments

(1)

Chapter heading in chapter

The chapter heading for chapter 74 of title 18, United States Code, is amended by striking Partial-Birth Abortions and inserting Abortions.

(2)

Table of chapters for part I

The item relating to chapter 74 in the table of chapters at the beginning of part I of title 18, United States Code, is amended by striking Partial-Birth Abortions and inserting Abortions.

Passed the House of Representatives January 19, 2018.

Karen L. Haas,

Clerk.