All Roll Calls
Yes: 52 • No: 47
119-s-6119th Congress
Born-Alive Abortion Survivors Protection Act
Sponsored By: Senator Lankford, James [R-OK]
In Committee
Summary
This bill would require health care practitioners to give the same standard of care and immediate hospital admission for infants born alive after an abortion. It would also create mandatory reporting rules and civil and criminal penalties for failures.
Show full summary
- Health care practitioners: Would have to provide the same professional care any newborn at the same gestational age would receive and ensure immediate hospital admission. Violations can lead to fines or up to 5 years in prison.
- Clinic and hospital staff: Anyone who knows a practitioner failed to meet the care rules must immediately report that failure to state or federal law enforcement.
- Mothers: The woman on whom the abortion was performed could not be prosecuted under this law and may sue providers for violations.
- Civil remedies: A successful suit can win verifiable damages for injuries, punitive damages, and statutory damages equal to three times the cost of the abortion.
- Homicide exposure: Intentionally killing or attempting to kill an infant born alive would be prosecuted as murder.
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Bill Overview
Analyzed Economic Effects
3 provisions identified: 1 benefits, 1 costs, 1 mixed.
Civil damages for born alive violations
If enacted, the bill would let a woman whose abortion resulted in a baby born alive sue if the required care or hospital admission rules were broken. A prevailing plaintiff could get money for physical and psychological injuries, punitive damages, and statutory damages equal to three times the cost of the abortion or attempted abortion. Courts would usually award the woman's attorney fees, and a defendant can get fees if the suit is frivolous.
Criminal penalties for provider violations
If enacted, the bill would make failure to provide the required care or arrange hospital admission a federal crime punishable by a fine, up to five years in prison, or both. If someone intentionally kills a baby born alive under the section, the bill would apply federal murder penalties.
Care and reporting for born alive babies
If enacted, the bill would require health workers present when an abortion results in a baby born alive to give the same degree of care they would to any baby that age. After giving that care, the worker would have to make sure the baby is immediately transported to and admitted at a hospital. The bill would define key words used in this section and would bar criminal prosecution of the mother in these cases. These rules would start one day after enactment.
Sponsors & CoSponsors
Sponsor
Lankford, James [R-OK]
OK • R
Cosponsors
Sen. Banks, Jim [R-IN]
IN • R
Sponsored 1/15/2025
Sen. Thune, John [R-SD]
SD • R
Sponsored 1/15/2025
Sen. Hyde-Smith, Cindy [R-MS]
MS • R
Sponsored 1/15/2025
Sen. Risch, James E. [R-ID]
ID • R
Sponsored 1/15/2025
Sen. Lummis, Cynthia M. [R-WY]
WY • R
Sponsored 1/15/2025
Sen. Britt, Katie Boyd [R-AL]
AL • R
Sponsored 1/15/2025
Sen. McConnell, Mitch [R-KY]
KY • R
Sponsored 1/15/2025
Sen. Wicker, Roger F. [R-MS]
MS • R
Sponsored 1/15/2025
Sen. Blackburn, Marsha [R-TN]
TN • R
Sponsored 1/15/2025
Sen. Crapo, Mike [R-ID]
ID • R
Sponsored 1/15/2025
Sen. Fischer, Deb [R-NE]
NE • R
Sponsored 1/15/2025
Sen. Grassley, Chuck [R-IA]
IA • R
Sponsored 1/15/2025
Sen. Hoeven, John [R-ND]
ND • R
Sponsored 1/15/2025
Sen. Marshall, Roger [R-KS]
KS • R
Sponsored 1/15/2025
Sen. Tillis, Thomas [R-NC]
NC • R
Sponsored 1/15/2025
Sen. Budd, Ted [R-NC]
NC • R
Sponsored 1/15/2025
Sen. Scott, Tim [R-SC]
SC • R
Sponsored 1/15/2025
Sen. Johnson, Ron [R-WI]
WI • R
Sponsored 1/15/2025
Sen. Sheehy, Tim [R-MT]
MT • R
Sponsored 1/15/2025
Sen. Tuberville, Tommy [R-AL]
AL • R
Sponsored 1/15/2025
Sen. Hagerty, Bill [R-TN]
TN • R
Sponsored 1/15/2025
Sen. Curtis, John R. [R-UT]
UT • R
Sponsored 1/15/2025
Sen. Young, Todd [R-IN]
IN • R
Sponsored 1/15/2025
Sen. Ricketts, Pete [R-NE]
NE • R
Sponsored 1/15/2025
Sen. Cramer, Kevin [R-ND]
ND • R
Sponsored 1/15/2025
Sen. Barrasso, John [R-WY]
WY • R
Sponsored 1/15/2025
Sen. Kennedy, John [R-LA]
LA • R
Sponsored 1/15/2025
Sen. Cornyn, John [R-TX]
TX • R
Sponsored 1/15/2025
Sen. Cassidy, Bill [R-LA]
LA • R
Sponsored 1/15/2025
Sen. Rounds, Mike [R-SD]
SD • R
Sponsored 1/15/2025
Sen. Ernst, Joni [R-IA]
IA • R
Sponsored 1/15/2025
Sen. Scott, Rick [R-FL]
FL • R
Sponsored 1/15/2025
Sen. Daines, Steve [R-MT]
MT • R
Sponsored 1/15/2025
Rep. Mullin, Markwayne [R-OK-2]
OK • R
Sponsored 1/15/2025
Sen. Graham, Lindsey [R-SC]
SC • R
Sponsored 1/15/2025
Sen. Cruz, Ted [R-TX]
TX • R
Sponsored 1/15/2025
Sen. Schmitt, Eric [R-MO]
MO • R
Sponsored 1/15/2025
Sen. Lee, Mike [R-UT]
UT • R
Sponsored 1/15/2025
Sen. Sullivan, Dan [R-AK]
AK • R
Sponsored 1/15/2025
Sen. Moran, Jerry [R-KS]
KS • R
Sponsored 1/15/2025
Sen. Cotton, Tom [R-AR]
AR • R
Sponsored 1/15/2025
Sen. Hawley, Josh [R-MO]
MO • R
Sponsored 1/15/2025
Sen. McCormick, David [R-PA]
PA • R
Sponsored 1/15/2025
Sen. Boozman, John [R-AR]
AR • R
Sponsored 1/16/2025
Sen. Moreno, Bernie [R-OH]
OH • R
Sponsored 1/21/2025
Sen. Capito, Shelley Moore [R-WV]
WV • R
Sponsored 1/21/2025
Sen. Moody, Ashley [R-FL]
FL • R
Sponsored 10/6/2025
Sen. Paul, Rand [R-KY]
KY • R
Sponsored 1/28/2026
Sen. Justice, James C. [R-WV]
WV • R
Sponsored 6/24/2026
Sen. Graham, Darline [R-SC]
SC • R
Sponsored 7/29/2026
Roll Call Votes
senate vote • 1/22/2025
On Cloture on the Motion to Proceed S. 6
Yes: 52 • No: 47