H.R. 962House116th Congress (2019-2021)In Committee

Born-Alive Abortion Survivors Protection Act

Sponsored by Ann WagnerRep. Ann Wagner (R-MO)
Introduced February 5, 2019

AI-Generated Summary

Updated April 14, 2026 at 1:34 AM UTC

The Born‑Alive Abortion Survivors Protection Act amends Title 18 of the U.S. Code to require health‑care providers to give the same level of care to any infant who is born alive after an abortion or attempted abortion, and to ensure the infant is promptly admitted to a hospital. It also creates reporting duties, criminal penalties, civil remedies, and protects the mother from prosecution.

Key Provisions

  • Health‑care practitioners must provide the same degree of skill, care, and diligence to a born‑alive infant as they would to any other newborn of the same gestational age and must ensure immediate hospital admission.
  • Any practitioner or employee who knows of a failure to meet these requirements must promptly report it to state or federal law‑enforcement authorities.
  • Violations can result in fines, up to five years imprisonment, or both; intentional killing of a born‑alive infant is punished as homicide under existing law.
  • The mother of the infant cannot be prosecuted for violations of this section.
  • A woman whose abortion results in a born‑alive infant may sue for monetary, statutory, and punitive damages, and recover attorney’s fees; frivolous suits may also award fees to the defendant.
  • The bill adds definitions for “abortion” and “attempt” and updates the chapter heading in Title 18 from “Partial‑Birth Abortions” to “Abortions.”

Legislative Activity

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3 earlier actions
HouseCommittee Latest Action

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

March 22, 2019

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HouseIntro Referral

Introduced in House

February 5, 2019

HouseIntro Referral

Referred to the House Committee on the Judiciary.

February 5, 2019

HouseIntro Referral

Sponsor introductory remarks on measure. (CR H1367)

February 6, 2019

HouseCommittee

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

March 22, 2019

Floor Debate

22 members

What members said about H.R. 962 on the floor

18 Republicans4 Democrats
Norma J. Torres
Rep. Norma J. TorresD-CA-35 · Feb 26, 2019

Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 144 and ask for its immediate consideration. Mr. Speaker, for the purpose of debate only, I yield the customary 30…

Rob Woodall
Rep. Rob WoodallR-GA-7 · Feb 26, 2019

Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I want you to know it flatters both me and the gentlewoman from California that you have made it your habit to be down here during…

Steve Scalise
Rep. Steve ScaliseR-LA-1 · Feb 8, 2019

Madam Speaker, I rise for the purpose of inquiring of the majority leader the schedule for the week to come. Madam Speaker, before I yield to the gentleman from Maryland, I want to share and join in…

Steny H. Hoyer
Rep. Steny H. HoyerD-MD-5 · Feb 8, 2019

Madam Speaker, I thank my friend Mr. Scalise, the Republican whip, for his comments. It is a testimony to the love and respect that John Dingell enjoyed in this House from both sides of the aisle. As…

Jackie Walorski
Rep. Jackie WalorskiR-IN-2 · Feb 13, 2019

Mr. Speaker, I ask unanimous consent that all Members have 5 legislative days to revise and extend their remarks and include extraneous material on the topic of this Special Order. Mr. Speaker, I…

Show 8 more
Jaime Herrera Beutler
Rep. Jaime Herrera BeutlerR-WA-3 · Feb 13, 2019

Mr. Speaker, it is a privilege to get to be here on this floor, and I get to share my story. In mid-2013 my husband, Dan, and I went in for our 20-week ultrasound as excited first-time parents. We…

Ann Wagner
Rep. Ann WagnerR-MO-2 · Feb 13, 2019

Mr. Speaker, I want to thank my good friend and colleague, the gentlewoman from Indiana, Jackie Walorski. We are classmates and came in to Congress almost 7 years ago. I am so grateful to her for…

Roger Marshall
Rep. Roger MarshallR-KS-1 · Feb 13, 2019

Mr. Speaker, I thank the gentlewoman for yielding. Mr. Speaker, since I was a freshman in high school, I wanted to become a physician. I was blessed to get to do that. By the time of my second year…

Steve Scalise
Rep. Steve ScaliseR-LA-1 · Apr 2, 2019

Mr. Speaker, I rise today to address the House on an important issue, and maybe the most important issue, Mr. Speaker, and that is the issue of life. We brought a bill forward, H.R. 962, the…

Sheila Jackson Lee
Rep. Sheila Jackson LeeD-TX-18 · Feb 26, 2019

Mr. Speaker, let me thank the gentlewoman from California for her astuteness, and, certainly, the manager of this legislation, and our friends on the other side of the aisle. Mr. Speaker, I simply…

Ann Wagner
Rep. Ann WagnerR-MO-2 · Feb 26, 2019

Mr. Speaker, I thank the gentleman for yielding. Mr. Speaker, if we, indeed, defeat the previous question, we will allow consideration of H.R. 962, the Born-Alive Abortion Survivors Protection Act. I…

Martha Roby
Rep. Martha RobyR-AL-2 · Feb 13, 2019

Mr. Speaker, I thank the gentlewoman for yielding, and I thank the gentlewoman for leading this very, very Special Order tonight. This topic is critically important, especially in light of the…

Vicky Hartzler
Rep. Vicky HartzlerR-MO-4 · Feb 13, 2019

Mr. Speaker, I appreciate the gentlewoman's leadership in bringing this subject up here to the floor, to the American people, and to our colleagues. It is deeply disturbing to see what is happening…

Show 11 more
Michael C. Burgess
Rep. Michael C. BurgessR-TX-26 · Feb 26, 2019

Mr. Speaker, I thank the gentleman for yielding. Mr. Speaker, I came to the floor to urge Members to vote against this ill-advised resolution to disallow the President's declaration for emergency…

David N. Cicilline
Rep. David N. CicillineD-RI-1 · Feb 26, 2019

Mr. Speaker, I thank the gentlewoman for yielding, and I rise in strong support of the rule and resolution to rescind the President's unnecessary and unconstitutional national emergency declaration.…

Tim Walberg
Rep. Tim WalbergR-MI-7 · Feb 13, 2019

Mr. Speaker, I thank the gentlewoman for taking on this issue. When we have heard words such as the Governor of Virginia and others who would say that it is okay for a male Governor of Virginia to…

Tom Reed
Rep. Tom ReedR-NY-23 · Feb 26, 2019

Mr. Speaker, I thank the gentleman from Georgia (Mr. Woodall) for yielding. I rise today, Mr. Speaker, in support of the underlying rule, but also in opposition to the action that is being proposed…

Mo Brooks
Rep. Mo BrooksR-AL-5 · Feb 26, 2019

Mr. Speaker, in fiscal year 2018, more than 2,000 illegal aliens were apprehended by Federal agents for homicides committed on American soil. Worse yet, roughly 31,000 Americans die each year from…

Tom Cole
Rep. Tom ColeR-OK-4 · Feb 26, 2019

Mr. Speaker, I thank the gentleman from Georgia (Mr. Woodall), my good friend, for yielding. Mr. Speaker, I rise today in support of the Born-Alive Abortion Survivors Protection Act. If we defeat the…

Christopher H. Smith
Rep. Christopher H. SmithR-NJ-4 · Feb 13, 2019

Mr. Speaker, what an expression of love, compassion, and faith we just heard, the child who was thought to be impossible; and what a tribute to parents and a mother who just love so unconditionally.…

Virginia Foxx
Rep. Virginia FoxxR-NC-5 · Feb 13, 2019

Mr. Speaker, I thank my colleague, the distinguished Member from Indiana, Congresswoman Walorski, for leading this Special Order tonight and all my colleagues who are here to affirm life. Mr.…

Pete Olson
Rep. Pete OlsonR-TX-22 · Feb 13, 2019

Mr. Speaker, I thank my friend from Missouri for yielding to me. Mr. Speaker, in 2012, Ashley and Toribio Cardenas got the best news parents can hear: they are going to have a baby girl. They got an…

Mark Walker
Rep. Mark WalkerR-NC-6 · Feb 13, 2019

Mr. Speaker, I thank Representative Walorski, Jackie, if I may, for her leadership and showing courage on this important topic. The Born-Alive Abortion Survivors Protection Act protects the lives of…

Tim Burchett
Rep. Tim BurchettR-TN-2 · Feb 13, 2019

Mr. Speaker, I thank the gentlewoman from Indiana for yielding to me. I rise to join my colleagues in advocating for the unborn. This country was founded to preserve our inalienable rights: life,…

Bill Text

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Introduced in HouseIssued February 5, 2019

I

116th CONGRESS

1st Session

H. R. 962

IN THE HOUSE OF REPRESENTATIVES

February 5, 2019

Mrs. Wagner (for herself, Mr. Babin, Mr. Bacon, Mr. Banks, Mr. Bost, Mr. Collins of New York, Mr. Collins of Georgia, Mr. Davidson of Ohio, Mr. Duncan, Mr. Emmer, Mr. Gibbs, Mr. Gosar, Mr. Huizenga, Mr. Johnson of Ohio, Mr. Kelly of Pennsylvania, Mr. Lamborn, Mr. Mooney of West Virginia, Mr. Mullin, Mr. Norman, Mr. David P. Roe of Tennessee, Mr. Stewart, Mr. Walker, Mrs. Walorski, Mr. Weber of Texas, Mr. Wittman, Mr. Latta, Mr. Allen, Mr. Green of Tennessee, Mr. Gianforte, Mr. Roy, Mr. Barr, Mr. Walberg, Ms. Cheney, Mr. Johnson of Louisiana, Mr. Joyce of Pennsylvania, Mr. Chabot, Ms. Foxx of North Carolina, Mr. Abraham, Mr. Marshall, Mr. Stauber, Mr. Ferguson, Mr. Smucker, Mr. Hice of Georgia, Mr. Harris, Mr. Scalise, Mr. McCarthy, Mr. Jordan, Mr. Ratcliffe, and Mr. Timmons) introduced the following bill; which was referred to the Committee on the Judiciary

A BILL

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; constitutional authority

(a)

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.

(b)

Constitutional authority

In accordance with the above findings, Congress enacts the following pursuant to Congress’ power under—

(1)

section 5 of the 14th Amendment, including the power to enforce the prohibition on government action denying equal protection of the laws; and

(2)

section 8 of article I to make all laws necessary and proper for carrying into execution the powers vested by the Constitution of the United States, including the power to regulate commerce under clause 3 of such section.

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.