H.R. 21House119th Congress (2025-2027)Passed House

Born-Alive Abortion Survivors Protection Act

Sponsored by Ann WagnerRep. Ann Wagner (R-MO)
Introduced January 3, 2025

AI-Generated Summary

Updated November 24, 2025 at 3:57 AM UTC

The Born‑Alive Abortion Survivors Protection Act amends the criminal code to require health‑care practitioners to give full medical care to any infant who survives an abortion and to ensure the infant is promptly admitted to a hospital. It creates reporting duties, criminal penalties (including up to five years in prison), and civil remedies for women whose abortions result in a live birth, while shielding the mother from prosecution. The bill also updates legal definitions and code headings related to abortions.

Key Provisions

  • Requires any health‑care provider present when a child is born alive after an abortion to give the same level of care as any other newborn of the same gestational age and to have the child immediately taken to a hospital.
  • Mandates that providers or clinic staff who know of a failure to give that care must promptly 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 a born‑alive infant is punished as homicide under existing murder statutes.
  • Protects the mother from being prosecuted for any violation of the new requirements.
  • Allows a woman whose abortion resulted in a born‑alive infant to sue for damages, including compensation for injuries, three‑times the cost of the abortion as statutory damages, and punitive damages, with attorney‑fees awarded to prevailing parties.
  • Provides definitions of “abortion” and “attempt” for the purposes of the law and updates the U.S. Code headings to replace references to “Partial‑Birth Abortions” with “Abortions.”

Legislative Activity

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13 earlier actions
SenateIntro Referral Latest Action

Received in the Senate and Read twice and referred to the Committee on the Judiciary.

January 24, 2025

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HouseIntro Referral

Introduced in House

January 3, 2025

HouseIntro Referral

Referred to the House Committee on the Judiciary.

January 3, 2025

HouseFloor

Considered under the provisions of rule H. Res. 5. (consideration: CR H335-345)

January 23, 2025 • 1:53 PM

HouseFloor

DEBATE - The House proceeded with one hour of debate on H.R. 21.

January 23, 2025 • 1:54 PM

HouseFloor

The previous question was ordered pursuant to the rule.

January 23, 2025 • 3:07 PM

HouseFloor

Ms. Chu moved to recommit to the Committee on the Judiciary. (text: CR H344-345)

January 23, 2025 • 3:08 PM

HouseFloor

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

January 23, 2025 • 3:08 PM

HouseFloor

POSTPONED PROCEEDINGS - At the conclusion of debate on H.R. 21, the Chair put the question on the motion to recommit and by voice vote, announced that the noes had prevailed. Ms. Chu demanded the yeas and nays and the Chair postponed further proceedings until a time to be announced.

January 23, 2025 • 3:08 PM

HouseFloor

Considered as unfinished business. (consideration: CR H347-348)

January 23, 2025 • 3:45 PM

HouseFloor

On motion to recommit Failed by the Yeas and Nays: 205 - 216 (Roll no. 26).

January 23, 2025 • 3:51 PM

HouseFloor

Passed/agreed to in House: On passage Passed by the Yeas and Nays: 217 - 204, 1 Present (Roll no. 27). (text: CR H335-336)

January 23, 2025 • 3:58 PM

HouseFloor

On passage Passed by the Yeas and Nays: 217 - 204, 1 Present (Roll no. 27). (text: CR H335-336)

January 23, 2025 • 3:58 PM

HouseFloor

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

January 23, 2025 • 3:58 PM

SenateIntro Referral

Received in the Senate and Read twice and referred to the Committee on the Judiciary.

January 24, 2025

Floor Debate

24 members

What members said about H.R. 21 on the floor

9 Republicans15 Democrats
Chip Roy
Rep. Chip RoyR-TX-21 · Jan 23, 2025

Mr. Speaker, pursuant to House Resolution 5, I call up the bill (H.R. 21) to amend title 18, United States Code, to prohibit a health care practitioner from failing to exercise the proper degree of…

Jamie Raskin
Rep. Jamie RaskinD-MD-8 · Jan 23, 2025

Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, while their leader boasts of pardoning hundreds of convicted violent felons who attacked and brutalized 140 police officers in…

Christopher H. Smith
Rep. Christopher H. SmithR-NJ-4 · Jan 23, 2025

Madam Speaker, I thank my friend for yielding, and I thank Ann Wagner for her tremendous leadership and courage in authoring this important bill. Madam Speaker, in a Florida abortion clinic, Sycloria…

Timothy M. Kennedy
Rep. Timothy M. KennedyD-NY-26 · Jan 23, 2025

Madam Speaker, I rise today to oppose H.R. 21, an assault on women's healthcare and fundamental rights. On October 19, 2007, my wife Katie gave birth to our beautiful baby girl, Brigid Nicole…

Lori Trahan
Rep. Lori TrahanD-MA-3 · Jan 22, 2025

Mr. Speaker, we are more than 3 weeks into January, yet Republican leadership in this Chamber has failed to call a vote on a single piece of legislation to address the pressing needs of hardworking…

Show 8 more
Ann Wagner
Rep. Ann WagnerR-MO-2 · Jan 23, 2025

Mr. Speaker, I thank Mr. Roy, my friend from Texas, for yielding to me. Mr. Speaker, I rise today in very strong support of H.R. 21, the Born-Alive Abortion Survivors Protection Act, legislation that…

Ben Cline
Rep. Ben ClineR-VA-6 · Jan 23, 2025

Mr. Speaker, I rise today to honor former Rockingham County Administrator Stephen King on his well-deserved retirement after a lifetime of public service to Virginia's Sixth District. Stephen earned…

Kelly Morrison
Rep. Kelly MorrisonD-MN-3 · Jan 23, 2025

Mr. Speaker, today I rise not only as the Congresswoman from Minnesota's Third District but as an OB/GYN who has had the honor and privilege of caring for patients for more than 20 years. As I have…

John Joyce
Rep. John JoyceR-PA-13 · Jan 21, 2025

Mr. Speaker, yesterday, President Trump was inaugurated for his second term as President. Now, it is time for us to deliver on his promises. The American people overwhelmingly supported President…

Michelle Fischbach
Rep. Michelle FischbachR-MN-7 · Jan 23, 2025

Mr. Speaker, I rise in strong support of the Born- Alive Abortion Survivors Protection Act. Democrats are trying to distort this issue and this bill. They are trying to mislead the public, claiming…

Ayanna Pressley
Rep. Ayanna PressleyD-MA-7 · Jan 23, 2025

Mr. Speaker, it is another day under a Republican majority and of an antiscience, antifacts healthcare agenda. I don't know which is worse: the cruelty or the ignorance on full display here across…

Judy Chu
Rep. Judy ChuD-CA-28 · Jan 23, 2025

Mr. Speaker, H.R. 21 would rob families of the ability to make difficult, complicated medical decisions in some of the most heartbreaking circumstances imaginable. It is a mean-spirited solution in…

Katherine M. Clark
Rep. Katherine M. ClarkD-MA-5 · Jan 23, 2025

Mr. Speaker, Republicans have one goal today, and that is a march toward a national abortion ban. They want it so desperately that now through this bill they are treating doctors like criminals,…

Show 11 more
Robert F. Onder, Jr.
Rep. Robert F. Onder, Jr.R-MO-3 · Jan 23, 2025

Madam Speaker, today, I rise in strong support of H.R. 21, the Born-Alive Abortion Survivors Protection Act. This legislation says that infants who are born alive after an attempted abortion are…

Suzanne Bonamici
Rep. Suzanne BonamiciD-OR-1 · Jan 23, 2025

Mr. Speaker, I rise to speak against this extreme legislation that would criminalize doctors. As we have heard, killing a baby is already against the law. What we should be doing is working together…

Sydney Kamlager-Dove
Rep. Sydney Kamlager-DoveD-CA-37 · Jan 23, 2025

Madam Speaker, I rise today to call out the glaring hypocrisy of H.R. 21. Once again, the Republican Party is twisting the truth instead of telling the truth. With H.R. 21, Republicans claim they are…

Debbie Wasserman Schultz
Rep. Debbie Wasserman SchultzD-FL-25 · Jan 23, 2025

Mr. Speaker, I rise in strong opposition to the Republicans' reproductive healthcare surveillance act. This bill is the very definition of a wolf in sheep's clothing. It uses an intentionally scary…

Jerrold Nadler
Rep. Jerrold NadlerD-NY-12 · Jan 23, 2025

Madam Speaker, I strongly oppose this legislation, which is not rooted in medical realities. Physicians do not abort babies after birth, period. Healthcare providers have always been legally required…

Gregory F. Murphy
Rep. Gregory F. MurphyR-NC-3 · Jan 23, 2025

Madam Speaker, I am a healthcare provider, and I have been one for 30 years. I rise today in support of the Born-Alive Abortion Survivors Protection Act to protect the lives of our country's most…

Mary Gay Scanlon
Rep. Mary Gay ScanlonD-PA-5 · Jan 23, 2025

Madam Speaker, we are here again because Republicans have prioritized a bill designed to make headlines, not good law. H.R. 21 is designed to mislead the public about those who need abortion care and…

Sara Jacobs
Rep. Sara JacobsD-CA-51 · Jan 23, 2025

Mr. Chairman, it is sadly unsurprising to me that Members of this body know next to nothing about pregnancy or abortion care, which is why we should not be the ones getting involved in these…

Maxine Dexter
Rep. Maxine DexterD-OR-3 · Jan 23, 2025

Mr. Speaker, I rise today in vehement opposition to this bill, which amounts to legalizing physician intimidation and healthcare obstruction. Killing infants after birth is murder. It is illegal…

Janelle S. Bynum
Rep. Janelle S. BynumD-OR-5 · Jan 23, 2025

Mr. Speaker, this extremist bill undermines women's access to healthcare. That is unacceptable, and it is, frankly, not what I was sent here to work on. I will be voting ``no.'' The evidence is…

Andrew S. Clyde
Rep. Andrew S. ClydeR-GA-9 · Jan 23, 2025

Mr. Speaker, I thank my good friend from Texas for yielding. Mr. Speaker, it is hard to imagine, hard to believe that we are actually here debating a born-alive act, that we actually have to do this.…

Bill Text

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Referred in SenateIssued January 24, 2025

IIB

119th CONGRESS

1st Session

H. R. 21

IN THE SENATE OF THE UNITED STATES

January 24, 2025

Received; read twice and referred to the Committee on the Judiciary

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 23, 2025.

Kevin F. McCumber,

Clerk.