S. 6Senate119th Congress (2025-2027)Failed

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.

Introduced January 15, 2025

AI-Generated Summary

Updated November 24, 2025 at 3:33 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 baby is born alive after an abortion to give the child the same level of medical care that any newborn would receive, and to have the child taken to a hospital right away. It also forces providers and clinic staff to report any failure to follow these rules, and it creates criminal and civil penalties for violations. The law applies to doctors, nurses, and other medical staff at abortion clinics, hospitals, or physician offices, and it protects the mother from being prosecuted for the same violations.

Key Provisions

  • Health‑care providers must give a newborn born alive after an abortion the same professional skill, care, and diligence they would give any other newborn of the same age, and must have the child immediately admitted to a hospital.
  • Any provider or clinic employee who knows of a failure to meet these care requirements must promptly report it to state or federal law‑enforcement authorities.
  • Violations can result in fines, up to five years in prison, or both; intentionally killing a newborn is punished as homicide under existing murder statutes.
  • The mother of a child born alive cannot be charged for any violation of this law.
  • A woman whose abortion resulted in a live birth may sue for damages, including compensation for injuries, three times the cost of the abortion, and punitive damages, with attorney‑fee awards for prevailing parties.

Legislative Activity

Stay on top of the latest movement without scrolling through every action

7 earlier actions
SenateFloor Latest Action

Cloture on the motion to proceed to the measure not invoked in Senate by Yea-Nay Vote. 52 - 47. Record Vote Number: 11. (CR S294-295)

January 22, 2025

View full timeline
SenateIntro Referral

Introduced in Senate

January 15, 2025

SenateCalendars

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

January 15, 2025

SenateCalendars

Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 4.

January 16, 2025

SenateFloor

Motion to proceed to consideration of measure made in Senate. (CR S258)

January 20, 2025

SenateFloor

Cloture motion on the motion to proceed to the measure presented in Senate. (CR S258)

January 20, 2025

SenateFloor

Motion to proceed to measure considered in Senate. (CR S275-276)

January 21, 2025

SenateFloor

Motion to proceed to measure considered in Senate. (CR S283)

January 22, 2025

SenateFloor

Cloture on the motion to proceed to the measure not invoked in Senate by Yea-Nay Vote. 52 - 47. Record Vote Number: 11. (CR S294-295)

January 22, 2025

Floor Debate

19 members

What members said about S. 6 on the floor

11 Republicans8 Democrats
Tim Kaine
Sen. Tim KaineD-VA · Jan 22, 2025

Mr. President, I rise as a member of the Armed Services Committee to discuss the nomination of Pete Hegseth to be our Nation's Secretary of Defense. Let me make two preliminary comments. First, my…

John Cornyn
Sen. John CornynR-TX · Jan 21, 2025

Mr. President, as the world knows by now, yesterday, President Trump was sworn in as the 47th President of the United States. I think he is only the second President who has been sworn in on two…

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…

James Lankford
Sen. James LankfordR-OK · Jan 22, 2025

Mr. President, for the past 45 minutes or so, my colleagues have come to this floor to be able to talk about a bill that is coming soon that we will actually vote on at the bottom of this hour. It is…

Richard J. Durbin
Sen. Richard J. DurbinD-IL · Jan 22, 2025

Mr. President, yesterday, I met with Kash Patel, President Trump's nominee to serve as Director of the Federal Bureau of Investigation. We all know the FBI. It plays a critical role in keeping…

Show 8 more
Richard J. Durbin
Sen. Richard J. DurbinD-IL · Jan 21, 2025

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, there are certain things we all agree on, I believe. No. 1, our border must be secure, and, No.…

Charles E. Schumer
Sen. Charles E. SchumerD-NY · Jan 22, 2025

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, well, Donald Trump made a lot of promises on what he would get done on day one. Well, today is…

Christopher Murphy
Sen. Christopher MurphyD-CT · Jan 22, 2025

Mr. President, I want to address some concerns that my Republican colleagues have raised about my decision to insist on a 1- day debate on the nomination of John Ratcliffe to be the Director of the…

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…

Maria Cantwell
Sen. Maria CantwellD-WA · Jan 22, 2025

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, I rise today to speak about TikTok, which I think all people here know that we have been having…

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…

Charles E. Schumer
Sen. Charles E. SchumerD-NY · Jan 21, 2025

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, this morning I have some amazingly great news. After more than 2 years of being unjustly…

Chuck Grassley
Sen. Chuck GrassleyR-IA · Jan 22, 2025

Mr. President, I ask to speak in morning business. Mr. President, in early February 1972, when abortion was not the issue it is today and probably after California had changed its abortion laws under…

Show 11 more
John Thune
Sen. John ThuneR-SD · Jan 22, 2025

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, later today, the Senate will proceed to a vote on whether to move to the Born-Alive Abortion…

Brian Schatz
Sen. Brian SchatzD-HI · Jan 22, 2025

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, you might think that the person nominated to lead our Nation's top health department, an Agency…

John Barrasso
Sen. John BarrassoR-WY · Jan 22, 2025

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, yesterday, I had a chance to meet with President Trump at the White House. I shared with him…

John Thune
Sen. John ThuneR-SD · Jan 21, 2025

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, in his inaugural address yesterday, President Trump spoke of his confidence in America. He spoke…

Pete Ricketts
Sen. Pete RickettsR-NE · Jan 22, 2025

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, the pro-life movement is about love, compassion, dignity, and respect. Nebraska is a pro-life…

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…

John Cornyn
Sen. John CornynR-TX · Jan 22, 2025

Mr. President, I want to start by thanking my friend and colleague Senator Lankford from Oklahoma in organizing a colloquy here recognizing the importance of protecting the lives of the unborn and to…

Katie Boyd Britt
Sen. Katie Boyd BrittR-AL · Jan 22, 2025

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, this week marks a new start for the U.S. Congress. After a yearlong battle over the Laken Riley…

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…

Chuck Grassley
Sen. Chuck GrassleyR-IA · Jan 21, 2025

Mr. President, I ask consent to speak for 3 minutes as in morning business. Mr. President, January is National Trafficking and Modern Slavery Prevention Month, so today, Senator Cortez Masto and I…

Bill Cassidy
Sen. Bill CassidyR-LA · Jan 22, 2025

Mr. President, the bill we are discussing today should be really straightforward. A child who survives a failed abortion attempt should receive lifesaving medical care. We are talking about not an…

Bill Text

Latest available legislative text

Reading Mode
Latest
Placed on Calendar SenateIssued January 16, 2025

II

Calendar No. 4

119th CONGRESS

1st Session

S. 6

IN THE SENATE OF THE UNITED STATES

January 15, 2025

Mr. Lankford (for himself, Mr. Banks, Mr. Thune, Mrs. Hyde-Smith, Mr. Risch, Ms. Lummis, Mrs. Britt, Mr. McConnell, Mr. Wicker, Mrs. Blackburn, Mr. Crapo, Mrs. Fischer, Mr. Grassley, Mr. Hoeven, Mr. Marshall, Mr. Tillis, Mr. Budd, Mr. Scott of South Carolina, Mr. Johnson, Mr. Sheehy, Mr. Tuberville, Mr. Hagerty, Mr. Curtis , Mr. Young, Mr. Ricketts, Mr. Cramer, Mr. Barrasso, Mr. Kennedy, Mr. Cornyn, Mr. Cassidy, Mr. Rounds, Ms. Ernst, Mr. Scott of Florida, Mr. Daines, Mr. Mullin, Mr. Graham, Mr. Cruz, Mr. Schmitt, Mr. Lee, Mr. Sullivan, Mr. Moran, Mr. Cotton, Mr. Hawley, Mr. McCormick, and Mr. Boozman) introduced the following bill; which was read the first time

January 16, 2025

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.

January 16, 2025

Read the second time and placed on the calendar