S. 311Senate116th Congress (2019-2021)Failed

Born-Alive Abortion Survivors Protection Act

Sponsored by Ben SasseSen. Ben Sasse (R-NE)
Introduced January 31, 2019

AI-Generated Summary

Updated April 14, 2026 at 1:21 AM UTC

The Born‑Alive Abortion Survivors Protection Act adds a new federal crime that requires any health‑care provider who is present when a child is born alive after an abortion or attempted abortion to give the child the same level of medical care that would be given to any other newborn of the same gestational age, and to have the child promptly admitted to a hospital. 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, and must ensure the child is immediately taken to a hospital.
  • Any practitioner or employee who knows of a failure to meet these requirements must report it right away to state or federal law‑enforcement agencies.
  • Violations can be punished by 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 the child cannot be prosecuted for any violation of this law.
  • Women whose abortions result 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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10 earlier actions
SenateFloor Latest Action

Cloture on the motion to proceed to the measure not invoked in Senate by Yea-Nay Vote. 56 - 41. Record Vote Number: 58. (CR S1136)

February 25, 2020

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SenateIntro Referral

Introduced in Senate

January 31, 2019

SenateCalendars

Introduced in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.

January 31, 2019

SenateCalendars

Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 17.

February 4, 2019

SenateFloor

Motion to proceed to consideration of measure made in Senate. (CR S1364)

February 14, 2019

SenateFloor

Cloture motion on the motion to proceed to the consideration of measure presented in Senate. (CR S1364)

February 14, 2019

SenateFloor

Motion to proceed to measure considered in Senate. (CR S1414)

February 25, 2019

SenateFloor

Cloture on the motion to proceed not invoked in Senate by Yea-Nay Vote. 53 - 44. Record Vote Number: 27. (CR S1422)

February 25, 2019

SenateFloor

Motion to proceed to consideration of measure made in Senate. (CR S1062)

February 13, 2020

SenateFloor

Cloture motion on the motion to proceed to the measure presented in Senate. (CR S1062)

February 13, 2020

SenateFloor

Motion to proceed to consideration of measure withdrawn in Senate. (CR S1062)

February 13, 2020

SenateFloor

Cloture on the motion to proceed to the measure not invoked in Senate by Yea-Nay Vote. 56 - 41. Record Vote Number: 58. (CR S1136)

February 25, 2020

Floor Debate

21 members

What members said about S. 311 on the floor

12 Republicans9 Democrats
Ben Sasse
Sen. Ben SasseR-NE · Feb 25, 2019

Madam President, I ask unanimous consent that the time until 5:30 p.m. today, including quorum calls, be equally divided between the two leaders or their designees. Madam President, I just listened…

Mazie K. Hirono
Sen. Mazie K. HironoD-HI · Feb 25, 2019

Mr. President, I would like to first thank Senator Murray for her steadfast leadership in the fight to protect women's healthcare and for arranging this time for us to speak this afternoon. The…

Robert P. Casey Jr.
Sen. Robert P. Casey Jr.D-PA · Feb 25, 2019

Madam President, I ask unanimous consent to speak as in morning business. Madam President, I rise today, in commemoration of Black History Month, to recognize, honor, and pay tribute to five…

John Boozman
Sen. John BoozmanR-AR · Feb 25, 2019

Mr. President, I rise today to join many of my colleagues in raising our voices on behalf of some of the most vulnerable members of our society. Recently, a very disturbing and revealing discussion…

James Lankford
Sen. James LankfordR-OK · Feb 25, 2019

Mr. President, I ask unanimous consent to speak on the floor for up to 5 minutes. Mr. President, it has been interesting to hear the debate today about how heartless it would be to protect the life…

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Jerry Moran
Sen. Jerry MoranR-KS · Feb 25, 2019

Mr. President, I am here to take the opportunity to join my colleagues to speak in support of the Born-Alive Abortion Survivors Protection Act. I thank Senator Sasse for his continued leadership on…

Patty Murray
Sen. Patty MurrayD-WA · Feb 25, 2019

Mr. President, I am on the floor to talk about a vote that simply should not have taken place this evening. It was a vote on yet another attack from our Republican colleagues on women's health and…

John Cornyn
Sen. John CornynR-TX · Feb 26, 2019

Madam President, yesterday evening the Senate had an opportunity to go on record and show our constituents that we supported the most vulnerable among us. The Born-Alive Abortion Survivors Protection…

Tim Scott
Sen. Tim ScottR-SC · Feb 26, 2019

Mr. President, I was necessarily absent from yesterday evening's vote on cloture on the motion to proceed to S. 311, the Born-Alive Abortion Survivors Protection Act. On vote No. 27, had I been…

Mike Rounds
Sen. Mike RoundsR-SD · Feb 25, 2019

Mr. President, I first thank my colleague from Montana for his powerful message. I can assure him that I believe strongly in the same approach as he does with regard to life. I rise to discuss an…

Tina Smith
Sen. Tina SmithD-MN · Feb 25, 2019

Madam President, I rise to join Senator Murray and my colleagues in standing up for doctors and patients in my home State of Minnesota and across the country. S. 311 puts Congress in the middle of…

Deb Fischer
Sen. Deb FischerR-NE · Feb 25, 2019

Madam President, I rise to voice my full support for the Born-Alive Abortion Survivors Protection Act, offered by my colleague from Nebraska. Today's vote on this important bill is going to give…

Tammy Duckworth
Sen. Tammy DuckworthD-IL · Feb 25, 2019

Mr. President, I ask unanimous consent to address the floor for 5 minutes. Mr. President, imagine the joy, the emotion, and the anticipation that comes with being in the third trimester of your…

Show 11 more
Steve Daines
Sen. Steve DainesR-MT · Feb 25, 2019

Mr. President, I want to be very clear about the matter that is before the U.S. Senate today. We are not here to debate abortion. That is not what this bill is about that Senator Sasse has…

John Thune
Sen. John ThuneR-SD · Feb 26, 2019

Madam President, last night, for the second time in a month, Democrats objected to a bill to ban infanticide. That statement to me is absolutely chilling, but for the second time in a month,…

Joni Ernst
Sen. Joni ErnstR-IA · Feb 25, 2019

Mr. President, this evening, as we debate this very important bill, I am hearing two different strategies, two different discussions, about what is actually on the floor in front of us. You see, my…

Maria Cantwell
Sen. Maria CantwellD-WA · Feb 25, 2019

Mr. President, I rise in strong opposition to tonight's vote to advance S. 311. This legislation would reduce families' access to reproductive healthcare, interfere in personal medical decisions that…

Jeanne Shaheen
Sen. Jeanne ShaheenD-NH · Feb 25, 2019

Mr. President, I rise today in strong opposition to the legislation that the Presiding Officer has authored. It would significantly interfere with the doctor-patient relationship, and it would pose…

Charles E. Schumer
Sen. Charles E. SchumerD-NY · Feb 25, 2019

Madam President, a word on today's vote on women's reproductive rights: The bill the Senate will vote on shortly is carefully crafted to target, intimidate, and shut down reproductive healthcare…

Mitch McConnell
Sen. Mitch McConnellR-KY · Feb 26, 2019

Madam President, the Senate had an opportunity yesterday to affirm our commitment to the dignity of human life. We had a chance to state plainly that newborn babies who happen to have survived…

Richard J. Durbin
Sen. Richard J. DurbinD-IL · Feb 26, 2019

Madam President, I listened to the statements of my colleague from South Dakota. I would like to make a suggestion. Since the Republicans are in control of the U.S. Senate, since there is a…

Mitch McConnell
Sen. Mitch McConnellR-KY · Feb 14, 2019

Madam President, I ask unanimous consent that when the Senate completes its business today, it adjourn to then convene for pro forma sessions only, with no business being conducted, on the following…

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

Mr. President, I understand there is a bill at the desk, and I ask for its first reading. Mr. President, I now ask for a second reading and in order to place the bill on the calendar under the…

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

Mr. President, I understand there is a bill at the desk due for a second reading. In order to place the bill on the calendar under provisions of rule XIV, I object to further proceeding.

Bill Text

Latest available legislative text

Reading Mode
Latest
Placed on Calendar SenateIssued February 4, 2019

II

Calendar No. 17

116th CONGRESS

1st Session

S. 311

IN THE SENATE OF THE UNITED STATES

January 31, 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, Mr. Enzi, Ms. Ernst, Mrs. Fischer, Mr. Graham, 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. Romney, Mr. Rounds, Mr. Rubio, Mr. Scott of South Carolina, Mr. Thune, Mr. Tillis, Mr. Wicker, Mr. Young, Mr. Alexander, Mr. Lee, and Mr. Sullivan) introduced the following bill; which was read the first time

February 4, 2019

Read the second time and placed on the calendar

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)

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

.

4.

Effective date

This Act shall take effect one day after the date of enactment.

February 4, 2019

Read the second time and placed on the calendar