H.R. 26House118th Congress (2023-2025)Passed House

Born-Alive Abortion Survivors Protection Act

Sponsored by Ann WagnerRep. Ann Wagner (R-MO)
Introduced January 9, 2023

AI-Generated Summary

Updated January 20, 2026 at 1:55 AM UTC

The Born‑Alive Abortion Survivors Protection Act adds new requirements to federal criminal law that health‑care providers must treat any baby born alive after an abortion the same as any other newborn, including immediate hospital admission. It also creates mandatory reporting of failures, criminal penalties (including up to five years in prison), civil damages for the woman, and bars the mother from prosecution. The bill updates the legal language and headings in Title 18 to reflect these changes.

Key Provisions

  • Requires any doctor or medical staff present when a baby is born alive after an abortion to give the same level of care they would give any newborn of the same age, and to have the baby taken to a hospital right away.
  • Makes it mandatory for anyone who knows a provider failed to give that care to report the violation to state or federal law‑enforcement agencies.
  • Sets criminal penalties for violations: up to a $5,000 fine, up to five years in prison, or both; intentional killing of the infant is punished as homicide.
  • Protects the mother from being prosecuted for any violations related to the infant’s care.
  • Allows the woman who had the abortion to sue for damages, including compensation for injuries, three times the cost of the abortion, and punitive damages, with attorney‑fees awarded to the prevailing party.
  • Adds definitions of “abortion” and “attempt” and updates the title‑18 chapter heading from “Partial‑Birth Abortions” to simply “Abortions.”

Legislative Activity

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14 earlier actions
SenateCalendars Latest Action

Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 2.

January 25, 2023

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HouseIntro Referral

Introduced in House

January 9, 2023

HouseIntro Referral

Referred to the House Committee on the Judiciary.

January 9, 2023

HouseFloor

Considered under the provisions of rule H. Res. 5. (consideration: CR H178-190)

January 11, 2023 • 1:41 PM

HouseFloor

DEBATE - The House proceeded with one hour of debate on H.R. 26.

January 11, 2023 • 1:41 PM

HouseFloor

The previous question was ordered pursuant to the rule.

January 11, 2023 • 2:59 PM

HouseFloor

Ms. DeGette moved to recommit to the Committee on the Judiciary. (text: CR H187-190)

January 11, 2023 • 2:59 PM

HouseFloor

The previous question on the motion to recommit was ordered pursuant to clause 2(b) of rule XIX.

January 11, 2023 • 2:59 PM

HouseFloor

POSTPONED PROCEEDINGS - At the conclusion of debate on H.R. 26, the Chair put the question on passage of the motion to recommit and by voice vote, announced that the nays had prevailed. Ms. DeGette demanded the yeas and nays and the Chair postponed further proceedings until a time to be announced.

January 11, 2023 • 3:00 PM

HouseFloor

Considered as unfinished business. (consideration: CR H190-191)

January 11, 2023 • 4:00 PM

HouseFloor

On motion to recommit Failed by the Yeas and Nays: 212 - 219 (Roll no. 28).

January 11, 2023 • 4:24 PM

HouseFloor

Passed/agreed to in House: On passage Passed by the Yeas and Nays: 220 - 210, 1 Present (Roll no. 29). (text: CR H178)

January 11, 2023 • 4:33 PM

HouseFloor

On passage Passed by the Yeas and Nays: 220 - 210, 1 Present (Roll no. 29). (text: CR H178)

January 11, 2023 • 4:33 PM

HouseFloor

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

January 11, 2023 • 4:33 PM

SenateCalendars

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

January 23, 2023

SenateCalendars

Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 2.

January 25, 2023

Floor Debate

20 members

What members said about H.R. 26 on the floor

15 Republicans5 Democrats
Tom Cole
Rep. Tom ColeR-OK-4 · Jan 9, 2023

Mr. Speaker, I thank my good friend, the distinguished majority leader, Mr. Scalise, for yielding. Mr. Speaker, for the purpose of debate only, I yield the customary 30 minutes to the gentleman from…

James P. McGovern
Rep. James P. McGovernD-MA-2 · Jan 9, 2023

Mr. Speaker, I thank the gentleman from Oklahoma (Mr. Cole) for yielding me the customary 30 minutes, and I yield myself such time as I may consume. Mr. Speaker, first, let me congratulate our…

Sheila Jackson Lee
Rep. Sheila Jackson LeeD-TX-18 · Jan 11, 2023

Madam Speaker, I would say: Here we go again. For those of us who have served in the United States Congress, this is: Here we go again. This is legislation that is attempting to be wrapped in mercy…

Sheila Jackson Lee
Rep. Sheila Jackson LeeD-TX-18 · Jan 9, 2023

Mr. Speaker, I rise in opposition to the rules and the rules package. In particular, I support the Women's Health Protection Act so women seeking reproductive rights will not be hunted down by bounty…

Jerrold Nadler
Rep. Jerrold NadlerD-NY-12 · Jan 11, 2023

Madam Speaker, I yield myself such time as I may consume. Madam Speaker, I rise in strong opposition to H.R. 26, the so-called Born-Alive Abortion Survivors Protection Act. Despite what its…

Show 8 more
Jim Jordan
Rep. Jim JordanR-OH-4 · Jan 11, 2023

Madam Speaker, pursuant to House Resolution 5, I call up the bill (H.R. 26) to amend title 18, United States Code, to prohibit a health care practitioner from failing to exercise the proper degree of…

Michelle Fischbach
Rep. Michelle FischbachR-MN-7 · Jan 24, 2023

Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days to revise and extend their remarks and to include any extraneous material. Mr. Speaker, I rise today to mark the 50th…

Steve Scalise
Rep. Steve ScaliseR-LA-1 · Jan 9, 2023

Mr. Speaker, I offer a privileged resolution and ask for its immediate consideration. (During the reading). Mr. Speaker, I ask unanimous consent that the resolution be considered as read and printed…

Chip Roy
Rep. Chip RoyR-TX-21 · Jan 9, 2023

Mr. Speaker, I thank my friend from Oklahoma (Mr. Cole) for yielding. I am delighted to be down here on the floor of the House of Representatives in a Republican majority, and I am delighted to be…

Ann Wagner
Rep. Ann WagnerR-MO-2 · Jan 11, 2023

Madam Speaker, I thank my good friend and colleague, a champion for life, our chair of the Judiciary Committee, Jim Jordan. I rise today, Madam Speaker, in support of H.R. 26, the Born-Alive Abortion…

Steve Scalise
Rep. Steve ScaliseR-LA-1 · Jan 11, 2023

Madam Speaker, I thank the gentleman from Ohio for yielding. Madam Speaker, I especially thank the gentlewoman from Missouri, Ann Wagner, for leading this effort for so many years. I am so proud to…

Kat Cammack
Rep. Kat CammackR-FL-3 · Jan 9, 2023

Mr. Speaker, I rise in strong support of House Resolution 5, adopting the rules for the 118th Congress. First, this rules package is an incredible win not just for conservatives but for all…

Diana DeGette
Rep. Diana DeGetteD-CO-1 · Jan 11, 2023

Madam Speaker, I rise today in strong opposition to H.R. 26 and urge my colleagues to instead support my motion to recommit to take up and pass Representative Judy Chu's Women's Health Protection Act…

Show 11 more
Hakeem S. Jeffries
Rep. Hakeem S. JeffriesD-NY-8 · Jan 11, 2023

Madam Speaker, I thank the distinguished gentleman from New York for yielding and all my colleagues for their continued leadership on this incredibly important issue. The 118th Congress has begun,…

Kat Cammack
Rep. Kat CammackR-FL-3 · Jan 11, 2023

Madam Speaker, I rise today in strong support of H.R. 26, the Born-Alive Abortion Survivors Protection Act. This bill does exactly what the title says, which in this town is a novel concept. Madam…

H. Morgan Griffith
Rep. H. Morgan GriffithR-VA-9 · Jan 9, 2023

Mr. Speaker, I come to talk today about getting back to the basics. This place has, in fact, been broken, and a number of the rules that we worked on were to bring authority back and bring us back to…

Morgan Luttrell
Rep. Morgan LuttrellR-TX-8 · Jan 25, 2023

Madam Speaker, I rise today to discuss H.R. 26, the Born-Alive Abortion Survivors Protection Act that passed out of the House last week unanimously on one side but divided on the other, except for…

Jeff Duncan
Rep. Jeff DuncanR-SC-3 · Jan 9, 2023

Mr. Speaker, I rise today to support the Republican rules package and our return to common sense in the people's House. I want to point out a few line items in the rules package for particular…

Glenn Grothman
Rep. Glenn GrothmanR-WI-6 · Jan 24, 2023

Mr. Speaker, as has been mentioned, prior to 1973, there would be what I would consider a consensus in this country that it would be horrific to prematurely kill a child in the womb. At the time, as…

Michelle Fischbach
Rep. Michelle FischbachR-MN-7 · Jan 9, 2023

Mr. Speaker, I thank the chairman of the Rules Committee and my friend from Oklahoma for yielding me the time and for the experiences we have had on Rules in the last year. Mr. Speaker, for far too…

Christopher H. Smith
Rep. Christopher H. SmithR-NJ-4 · Jan 11, 2023

Madam Speaker, I thank my good friend for yielding, and I thank Ann Wagner for authoring this important legislation. Madam Speaker, in a Florida abortion clinic, Sycloria Williams delivered a live…

John H. Rutherford
Rep. John H. RutherfordR-FL-5 · Jan 24, 2023

Mr. Speaker, I thank the gentlewoman for yielding. Mr. Speaker, I rise today to give a voice to the voiceless all across our country and to speak out against the culture of death that has been…

Mike Kelly
Rep. Mike KellyR-PA-16 · Jan 24, 2023

Mr. Speaker, I thank Representative Fischbach for hosting this Special Order tonight. Mr. Speaker, it has been 7 months since the Supreme Court's landmark decision to overthrow Roe v. Wade. In that…

Glenn Thompson
Rep. Glenn ThompsonR-PA-15 · Jan 24, 2023

Mr. Speaker, I thank the gentlewoman from Minnesota for her leadership with this incredibly important Special Order. Mr. Speaker, I rise tonight during this Special Order to reaffirm my commitment to…

Bill Text

3 versions available

Reading Mode
Latest
Placed on Calendar SenateIssued January 25, 2023

II

Calendar No. 2

118th CONGRESS

1st Session

H. R. 26

IN THE SENATE OF THE UNITED STATES

January 23 (legislative day, January 3), 2023

Received; read the first time

January 25, 2023

Read the second time and placed on the calendar

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; 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.

Passed the House of Representatives January 11, 2023.

Cheryl L. Johnson,

Clerk.

January 25, 2023

Read the second time and placed on the calendar