H.R. 619House117th Congress (2021-2023)In Committee

Born-Alive Abortion Survivors Protection Act

Sponsored by Ann WagnerRep. Ann Wagner (R-MO)
Introduced January 28, 2021

AI-Generated Summary

Updated February 7, 2026 at 9:50 PM UTC

The Born‑Alive Abortion Survivors Protection Act adds new federal rules for any baby who is born alive after an abortion or attempted abortion. It requires health‑care providers to give the same level of care as any other newborn and to transport the infant to a hospital right away. The law applies to doctors, nurses, and clinic staff who are present at the birth and creates criminal and civil penalties for failing to follow these rules.

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 the infant is immediately admitted to a hospital.
  • Any practitioner or clinic employee who knows of a violation must promptly report it 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 as homicide under existing murder statutes.
  • The mother of a born‑alive infant cannot be prosecuted for violations related to the infant’s care.
  • Women whose abortions result in a born‑alive infant may sue for monetary, statutory, and punitive damages, and receive attorney’s fees; frivolous suits can also award fees to defendants.
  • The bill updates definitions of “abortion” and “attempt,” and changes the U.S. Code chapter heading from “Partial‑Birth Abortions” to simply “Abortions.”

Legislative Activity

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2 earlier actions
HouseCommittee Latest Action

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

March 22, 2021

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HouseIntro Referral

Introduced in House

January 28, 2021

HouseIntro Referral

Referred to the House Committee on the Judiciary.

January 28, 2021

HouseCommittee

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

March 22, 2021

Floor Debate

24 members

What members said about H.R. 619 on the floor

12 Republicans12 Democrats
Kat Cammack
Rep. Kat CammackR-FL-3 · Jul 15, 2022

Madam Speaker, I include in the Record some articles that I feel are relevant to this debate. [From the New York Times, July 3, 2022] Abortion Laws Around the World The U.S. Supreme Court's ruling on…

Mariannette Miller-Meeks
Rep. Mariannette Miller-MeeksR-IA-2 · Jul 15, 2022

Madam Speaker, I thank my colleague, the Honorable Representative Rodgers, for yielding me time. Madam Speaker, I rise today in opposition to H.R. 8296. The Supreme Court recently took the important…

Cathy McMorris Rodgers
Rep. Cathy McMorris RodgersR-WA-5 · Jul 15, 2022

Madam Speaker, I yield myself such time as I may consume. Madam Speaker, to protect the helpless, most powerless, most innocent among us, I rise in strong opposition to H.R. 8296, the abortion on…

Frank Pallone, Jr.
Rep. Frank Pallone, Jr.D-NJ-6 · Jul 15, 2022

Madam Speaker, pursuant to House Resolution 1224, I call up the bill (H.R. 8296) to protect a person's ability to determine whether to continue or end a pregnancy, and to protect a health care…

Sheila Jackson Lee
Rep. Sheila Jackson LeeD-TX-18 · Jul 15, 2022

Madam Speaker, I thank all of the leaders who recognize that reproductive freedom is a constitutional right. I rise today, and I stand in the name of a 10-year-old rape victim who was denied an…

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John Joyce
Rep. John JoyceR-PA-13 · Jul 15, 2022

Madam Speaker, I thank the gentlewoman for yielding. I rise today in opposition to this legislation that would legalize abortion on demand up until the moment of birth. As a physician, I first swore…

Christopher H. Smith
Rep. Christopher H. SmithR-NJ-4 · Jul 15, 2022

Madam Speaker, I thank my good friend, Cathy McMorris Rodgers, the ranking member, for her eloquent defense of the unborn child and their mothers because there are two co-victims in every abortion:…

Earl L. "Buddy" Carter
Rep. Earl L. "Buddy" CarterR-GA-1 · Jul 15, 2022

Madam Speaker, I thank the gentlewoman for yielding. Madam Speaker, I include in the Record two articles of attacks on churches and pro-life pregnancy centers. [From the National Catholic Register]…

Michelle Fischbach
Rep. Michelle FischbachR-MN-7 · Jul 15, 2022

Madam Speaker, I thank my colleague, a great defender of life, for yielding me this time, and I stand for life today. Madam Speaker, H.R. 8296, the so-called Women's Health Protection Act, is proof…

Judy Chu
Rep. Judy ChuD-CA-27 · Jul 15, 2022

Madam Speaker, I rise today in strong support of my bill, the Women's Health Protection Act, or WHPA. WHPA is the bill that will protect the right to access abortion after the tragic fall of Roe v.…

Michael C. Burgess
Rep. Michael C. BurgessR-TX-26 · Jul 15, 2022

Madam Speaker, I thank the ranking member for yielding time. You know, as we hold this debate, I remember back to a morning as a young resident at Parkland Hospital starting out in a residency in OB/…

Tony Cárdenas
Rep. Tony CárdenasD-CA-29 · Jul 15, 2022

Madam Speaker, I rise today in support of the Women's Health Protection Act and lend my voice to the chorus of calls across the country for urgent action on abortion rights. When I first heard the…

Debbie Lesko
Rep. Debbie LeskoR-AZ-8 · Jul 15, 2022

Madam Speaker, I rise in opposition to H.R. 8296 because Republicans care about women and babies. My colleagues across the aisle are unfortunately, once again, attempting to push their abortion on…

Show 11 more
Larry Bucshon
Rep. Larry BucshonR-IN-8 · Jul 15, 2022

Madam Speaker, I thank the gentlewoman for yielding. Madam Speaker, I rise today in opposition to H.R. 8296. First, I would like to say, as a physician, my colleagues on the other side of the aisle…

Veronica Escobar
Rep. Veronica EscobarD-TX-16 · Jul 15, 2022

Madam Speaker, it has been 22 days since the Supreme Court overturned Roe v. Wade, taking away women's ability to make choices about their own future, setting us back nearly 50 years. But even that…

Barbara Lee
Rep. Barbara LeeD-CA-13 · Jul 15, 2022

Madam Speaker, I thank the chairman for yielding, for his work, and for bringing this bill to the floor. Let me also take a moment to thank our good friend, a great leader, Congresswoman Judy Chu,…

Tim Walberg
Rep. Tim WalbergR-MI-7 · Jul 15, 2022

Madam Speaker, my heart breaks today. I say that sincerely. My heart breaks to hear the words of my colleagues on the other side of the aisle, who I respect highly for many reasons, who disregard the…

Madeleine Dean
Rep. Madeleine DeanD-PA-4 · Jul 15, 2022

Madam Speaker, Roe became law when I was 13. For my entire adult life, the right to abortion care--to privacy and the freedom to make my own family planning and healthcare decisions--was guaranteed…

Suzanne Bonamici
Rep. Suzanne BonamiciD-OR-1 · Jul 15, 2022

Madam Speaker, I rise today in strong support of the Women's Health Protection Act which will provide--in law--the right for people to make their own reproductive healthcare decisions. The Supreme…

Kim Schrier
Rep. Kim SchrierD-WA-8 · Jul 15, 2022

Madam Speaker, I will tell you, my constituents are up in arms. They are emailing me, and they are calling my office outraged that the freedoms that they have had for 50 years are being stripped away…

Ann M. Kuster
Rep. Ann M. KusterD-NH-2 · Jul 15, 2022

Madam Speaker, I rise today in support of the Women's Health Protection Act and to speak for the generation of women who have lost their freedom to make healthcare decisions for themselves. The…

Angie Craig
Rep. Angie CraigD-MN-2 · Jul 15, 2022

Madam Speaker, exactly 3 weeks ago, five Justices on an activist, extremist Supreme Court handed down a decision that upended nearly 50 years of precedent and rolled back fundamental rights for…

August Pfluger
Rep. August PflugerR-TX-11 · Jul 15, 2022

Madam Speaker, I thank the gentlewoman from Washington for yielding time. Madam Speaker, I rise in opposition to the Democrats' extreme pro- abortion agenda. Today, I am voting against two bills that…

Earl Blumenauer
Rep. Earl BlumenauerD-OR-3 · Jul 15, 2022

Madam Speaker, I want to begin to acknowledge the pain that people have experienced in the wake of being stripped of their rights and being thrust into legal limbo. We have already seen the impact…

Bill Text

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Introduced in HouseIssued January 28, 2021

I

117th CONGRESS

1st Session

H. R. 619

IN THE HOUSE OF REPRESENTATIVES

January 28, 2021

Mrs. Wagner (for herself, Mr. Scalise, Mr. Taylor, Mrs. Hinson, Mr. Moore of Utah, Mr. Mooney, Mr. Gaetz, Mr. Budd, Mr. Westerman, Mr. Brooks, Mr. Kelly of Pennsylvania, Mr. Mullin, Mr. Burchett, Mr. Joyce of Pennsylvania, Mrs. Miller of West Virginia, Mr. Nehls, Mr. Duncan, Mr. Austin Scott of Georgia, Mr. Williams of Texas, Mr. McKinley, Mr. Hudson, Mr. Fleischmann, Mr. Bergman, Mr. Long, Mr. Timmons, Mr. Aderholt, Mr. Gonzalez of Ohio, Mr. Rogers of Alabama, Mr. Wilson of South Carolina, Mr. Hill, Mr. Gallagher, Mr. Zeldin, Mr. Simpson, Mr. Grothman, Mr. Waltz, Mr. Posey, Mr. Allen, Mr. Huizenga, Mr. Guthrie, Mr. Norman, Mr. Palmer, Mr. Reschenthaler, Mr. Fulcher, Ms. Herrera Beutler, Mr. Wittman, Mr. Johnson of South Dakota, Mr. Graves of Louisiana, Mr. Rodney Davis of Illinois, Mr. Walberg, Mrs. Rodgers of Washington, Mr. Carl, Mr. Lamborn, Mr. Babin, Mr. Sessions, Ms. Stefanik, Mr. Latta, Mr. Bost, Mr. Diaz-Balart, Mr. Baird, Mr. Bishop of North Carolina, Mr. Gohmert, Mr. Dunn, Ms. Foxx, Mr. Banks, Mr. Wenstrup, Mrs. Walorski, Mrs. Fischbach, Mr. Chabot, Mr. Smith of Missouri, Mr. Rutherford, Mr. Luetkemeyer, Mr. Donalds, Mr. Pfluger, Mr. Palazzo, Miss González-Colón, Mr. Burgess, Mr. Hern, Mr. Keller, Mr. Curtis, Mr. Garbarino, Mr. Kustoff, Mr. Webster of Florida, Mr. Hollingsworth, Mr. Rouzer, Mr. Smith of Nebraska, Mr. Feenstra, Mr. Jordan, Mr. Wright, Mr. Estes, Mr. Murphy of North Carolina, Mr. Rose, Mr. Johnson of Ohio, Mr. Moore of Alabama, Mr. Stauber, Mr. Bucshon, Mr. Smith of New Jersey, Mr. LaMalfa, Mr. Joyce of Ohio, Mr. McHenry, Mr. Fallon, Mrs. Harshbarger, Mr. Cawthorn, Mr. Barr, Mr. Bentz, Mr. Graves of Missouri, Mr. Newhouse, Mr. Steube, Ms. Herrell, Mr. Hagedorn, Mr. Cloud, Mr. McClintock, Mr. Jackson, Mr. Schweikert, Mr. Stewart, Mr. Bacon, Mr. Pence, Mr. Balderson, Mr. Harris, Mrs. Cammack, Mr. Gibbs, Mr. Moolenaar, Mrs. Greene of Georgia, Mr. Hice of Georgia, Mr. Meuser, Mr. Crawford, Mr. Gooden of Texas, Mr. Bilirakis, Mr. Good of Virginia, Mr. Weber of Texas, Mr. Gosar, Mrs. Hartzler, Mr. Kelly of Mississippi, Mr. Tony Gonzales of Texas, Mr. Guest, Mr. Womack, Mr. C. Scott Franklin of Florida, Mr. Arrington, Mrs. Lesko, Mr. Amodei, Mr. Roy, Mr. Ferguson, Mrs. Boebert, Mr. Davidson, Mr. Carter of Georgia, Mrs. Bice of Oklahoma, Mr. Buck, Mr. Smucker, Mr. Crenshaw, Mr. Thompson of Pennsylvania, Mr. Mann, Mrs. Steel, Mr. Van Drew, Mr. Fitzgerald, Mrs. Miller-Meeks, Mr. Jacobs of New York, Mr. Brady, Mr. Biggs, Mr. McCarthy, Mr. LaHood, Mr. Young, Mr. Owens, Mr. Tiffany, Mr. Garcia of California, Mrs. Kim of California, Mr. Emmer, Mr. Stivers, Mr. Valadao, Mrs. Miller of Illinois, Ms. Malliotakis, Mr. LaTurner, Mr. Rogers of Kentucky, Mr. Rosendale, Mr. Issa, Mr. Kinzinger, Mr. Steil, Ms. Cheney, Mr. Johnson of Louisiana, Mr. Fortenberry, Mr. Clyde, Ms. Mace, Mr. Perry, Mr. Lucas, Mr. Higgins of Louisiana, Mr. Gimenez, Mr. Meijer, Mr. Mast, Mr. Armstrong, Mr. Cline, Mr. Turner, Mrs. Spartz, Mr. Green of Tennessee, and Mr. Cole) 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.