S. 130Senate116th Congress (2019-2021)In Committee

Born-Alive Abortion Survivors Protection Act

Sponsored by Ben SasseSen. Ben Sasse (R-NE)
Introduced January 15, 2019

AI-Generated Summary

Updated April 14, 2026 at 12:45 AM UTC

The Born‑Alive Abortion Survivors Protection Act adds a new criminal provision to Title 18 that requires any health‑care provider who is present when a fetus is delivered alive after an abortion or attempted abortion to give the newborn the same level of medical care as any other infant of the same gestational age and to transport the child to a hospital immediately. 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 professional skill, care, and diligence to a child born alive after an abortion as they would to any other newborn of comparable gestational age, and must ensure the child is promptly admitted to a hospital.
  • Any provider or employee who knows of a failure to meet these care requirements must immediately report the violation to state or federal law‑enforcement authorities.
  • Violations can result in fines, up to five years in prison, or both; intentional killing of a born‑alive infant is punished under the homicide statutes.
  • The mother of a born‑alive infant cannot be prosecuted for any violation of this law.
  • A woman whose abortion resulted in a born‑alive infant may sue for damages, including actual damages, triple statutory damages based on the abortion cost, and punitive damages, with attorney‑fee awards for prevailing parties.

Legislative Activity

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2 earlier actions
SenateCommittee Latest Action

Committee on the Judiciary. Hearings held.

February 11, 2020

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SenateIntro Referral

Introduced in Senate

January 15, 2019

SenateIntro Referral

Read twice and referred to the Committee on the Judiciary.

January 15, 2019

SenateCommittee

Committee on the Judiciary. Hearings held.

February 11, 2020

Floor Debate

19 members

What members said about S. 130 on the floor

13 Republicans5 Democrats1 Independent
Richard Burr
Sen. Richard BurrR-NC · Jan 31, 2019

Mr. President, I was not next in the queue. Senator Gardner was, but since I don't see him, I am going to jump in, in great Senate fashion. I rise today to educate my colleagues and the American…

Marco Rubio
Sen. Marco RubioR-FL · Jan 31, 2019

Mr. President, I come to speak about the pending amendment we are going to vote on in about 25 minutes. It is an amendment that says it is a mistake to proceed with the withdrawal from Syria in the…

John Cornyn
Sen. John CornynR-TX · Jan 31, 2019

Mr. President, on Tuesday of this week, the Senate Finance Committee had a very important hearing on the skyrocketing costs of prescription drugs, something the Presiding Officer knows a lot about.…

Christopher Murphy
Sen. Christopher MurphyD-CT · Jan 31, 2019

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, I come to the floor today to express my opposition to the amendment before the Senate right now…

John Thune
Sen. John ThuneR-SD · Feb 5, 2019

Madam President, last night, our colleague from Nebraska, Senator Ben Sasse, brought a bill to the floor to protect infants who are born alive during abortions. The legislation is simple. In the…

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John Thune
Sen. John ThuneR-SD · Jan 31, 2019

Madam President, I ask unanimous consent that the order for the quorum call be rescinded. Madam President, I am pleased the Senate is finally debating S. 1 after three inexplicable Democratic…

Doug  Jones
Sen. Doug JonesD-AL · Jan 31, 2019

Mr. President, I rise to talk about the issues of fairness, of equality, and of basic dignity. In the greatest Nation on Earth and the leader of the free world, women are paid 80 cents for every…

Deb Fischer
Sen. Deb FischerR-NE · Jan 31, 2019

Mr. President, I rise to discuss challenges that influence nearly every component of our day-to-day lives and the opportunity to address these challenges in the 116th Congress. No matter who you are,…

John Kennedy
Sen. John KennedyR-LA · Jan 31, 2019

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, I want to continue talking about a subject that I talked about yesterday, and that is our…

Angus S. King Jr.
Sen. Angus S. King Jr.I-ME · Jan 31, 2019

Mr. President, I rise to discuss for a few moments reflections upon the hearing we had this week in the Intelligence Committee on worldwide threats. This is an annual hearing and is in public, at…

Ben Sasse
Sen. Ben SasseR-NE · Feb 4, 2019

Mr. President, thank you. In a few minutes, the U.S. Senate is going to have an opportunity to condemn infanticide. One hundred U.S. Senators are going to have an opportunity to unanimously say the…

James E. Risch
Sen. James E. RischR-ID · Jan 31, 2019

Thank you, Mr. President. First, let me thank Senator Kennedy. I think he has articulated a number of things that are important to us, and it is important that we do debate these things. When the…

John Kennedy
Sen. John KennedyR-LA · Feb 5, 2019

Mr. President, I ask unanimous consent that I be able to complete my remarks in the unlikely event I don't finish them by 12:30. Mr. President, I want to talk again for a few minutes about S. 1,…

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James Lankford
Sen. James LankfordR-OK · Feb 4, 2019

Mr. President, the Senate often does things by unanimous consent in areas in which there is really no common disagreement. This body will do a unanimous consent to congratulate the New England…

Josh Hawley
Sen. Josh HawleyR-MO · Feb 4, 2019

Mr. President, I rise in support of S. 130, which I am proud to cosponsor. This legislation would ensure that healthcare providers treat babies who have been born alive, after failed abortion…

Robert Menendez
Sen. Robert MenendezD-NJ · Jan 31, 2019

Mr. President, I ask unanimous consent that the reading of the amendment be dispensed with. Yes, that is my understanding. My amendment should not be construed to affect in any way any existing…

Ben Sasse
Sen. Ben SasseR-NE · Jan 31, 2019

Mr. President, this place fancies itself the world's greatest deliberative body, but we would be deceiving ourselves if we ignored the biggest debate that has been happening in America over the last…

Joni Ernst
Sen. Joni ErnstR-IA · Feb 4, 2019

Mr. President, I rise today very, very disheartened, and I do want to thank the junior Senator from Nebraska for having this very difficult discussion on the floor of the Senate. As my colleague from…

Patrick J. Leahy
Sen. Patrick J. LeahyD-VT · Jan 31, 2019

Mr. President, the McConnell amendment expresses the sense of the Senate regarding the withdrawal of U.S. troops from Syria and Afghanistan, an action I have long supported. Many Senators, including…

Mitch McConnell
Sen. Mitch McConnellR-KY · Feb 4, 2019

First, Mr. President, later today, the junior Senator from Nebraska will give the Senate an opportunity to address an issue of profound moral importance. I understand that he plans to ask consent to…

John Cornyn
Sen. John CornynR-TX · Feb 5, 2019

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. The PRESIDING OFFICER (Mr. Scott of Florida.) Without objection, it is so ordered. State of the Union Address…

Mike Braun
Sen. Mike BraunR-IN · Feb 4, 2019

Mr. President, I came here mostly to support my colleagues and to actually listen for an objection to a bill like this. For the short time I have been here, what a rude awakening as to what can…

Mitch McConnell
Sen. Mitch McConnellR-KY · Jan 31, 2019

I move to proceed to Calendar No. 7, S. 47. Madam President, I send a cloture motion to the desk on the motion to proceed. Madam President, I ask unanimous consent that the mandatory quorum calls be…

Patty Murray
Sen. Patty MurrayD-WA · Feb 4, 2019

Mr. President, we have laws against infanticide in this country. This is a gross misinterpretation of the actual language of the bill that is being asked to be considered, and, therefore, I object.

Bill Text

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Introduced in SenateIssued January 15, 2019

II

116th CONGRESS

1st Session

S. 130

IN THE SENATE OF THE UNITED STATES

January 15, 2019

Mr. Sasse (for himself, Mr. Barrasso, Mrs. Blackburn, Mr. Blunt, Mr. Boozman, Mr. Braun, Mr. Burr, Mr. Cassidy, Mr. Cornyn, Mr. Cotton, Mr. Cramer, Mr. Crapo, Mr. Cruz, Mr. Daines, Ms. Ernst, Mrs. Fischer, Mr. Grassley, Mr. Hawley, Mr. Hoeven, Mrs. Hyde-Smith, Mr. Inhofe, Mr. Isakson, Mr. Johnson, Mr. Kennedy, Mr. Lankford, Mr. McConnell, Mr. Moran, Mr. Perdue, Mr. Portman, Mr. Risch, Mr. Roberts, Mr. Rounds, Mr. Rubio, Mr. Scott of South Carolina, Mr. Thune, Mr. Tillis, Mr. Young, Mr. Graham, Mr. Wicker, and Mr. Enzi) introduced the following bill; which was read twice and 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

Congress finds the following:

(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:

(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, 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 for a violation of this section, an attempt to violate this section, a conspiracy to violate this section, or 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.

(3)

Born alive

The term born alive has the meaning given that term in section 8 of title 1, United States Code (commonly known as the Born-Alive Infants Protection Act).

.

(b)

Technical and conforming amendments

(1)

The table of sections for chapter 74 of title 18, United States Code, is amended by adding at the end the following:

1532. Requirements pertaining to born-alive abortion survivors.

.

(2)

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

(3)

The table of chapters for part I of title 18, United States Code, is amended by striking the item relating to chapter 74 and inserting the following:

74.Abortion1531

.