All Roll Calls
Yes: 422 • No: 420
HR21119th CongressWALLET
Born-Alive Abortion Survivors Protection Act
Sponsored By: Representative Wagner
Passed House
Summary
Mandates care and penalties for infants born alive after an abortion. This bill would set standards of care, require reporting, create criminal penalties, and allow civil suits when an infant is born alive following an abortion.
Show full summary
- Women and families: A woman on whom an abortion is performed may sue anyone who violates the law and recover objectively verifiable medical and psychological damages, punitive damages, and statutory damages equal to three times the cost of the abortion. Courts must award reasonable attorney's fees to prevailing plaintiffs and may award fees to defendants if a suit is frivolous.
- Health care practitioners and facility employees: Any practitioner present at a birth resulting from an abortion must exercise the same professional skill, care, and diligence as for any other live-born infant of the same gestational age. Practitioners or employees who know of a failure to comply must immediately report the violation to appropriate State or Federal law enforcement.
- Criminal and statutory consequences: Violators face fines, up to 5 years in prison, or both, and anyone who intentionally kills a born-alive infant is punished under the murder statute. The bill also updates chapter headings and adds statutory definitions for "abortion" and "attempt."
Bill Overview
Analyzed Economic Effects
5 provisions identified: 4 benefits, 0 costs, 1 mixed.
Mothers could sue for broken care rules
If enacted, a woman could sue if her baby was born alive and the care or hospital transfer rules were broken. Courts could award money for physical and mental injuries, plus punitive damages. The bill sets statutory damages at three times the cost of the abortion or attempted abortion. A winning plaintiff would get reasonable attorney fees. A defendant could get fees only if the court finds the suit was frivolous.
Required care for babies born after abortion
If enacted, health workers would need to give the same level of care to a baby born alive after an abortion as to any baby of the same age. After that care, they would have to move the baby to a hospital right away. Anyone who knows these rules were broken would have to report it to state or federal law enforcement.
Criminal penalties for harming born alive infants
If enacted, anyone who breaks the required care or hospital transfer rules could face a fine or up to 5 years in prison. If someone intentionally kills a baby born alive in these cases, they could be punished under the federal murder law.
Mother shielded from prosecution in these cases
If enacted, the mother of a baby born alive in these cases could not be prosecuted under this section or for related offenses based on it.
Defines abortion and attempt under this bill
If enacted, this bill would define abortion and attempt for this section. Abortion would mean intentionally ending a pregnancy, except when the goal after viability is to produce a live birth and preserve the baby’s life and health, or to remove a dead fetus. Attempt would mean taking a substantial step, as the actor believes the facts, toward doing an abortion.
Sponsors & CoSponsors
Sponsor
Wagner
MO • R
Cosponsors
Scalise
LA • R
Sponsored 1/3/2025
Cammack
FL • R
Sponsored 1/3/2025
Clyde
GA • R
Sponsored 1/6/2025
Kustoff
TN • R
Sponsored 1/6/2025
Thompson (PA)
PA • R
Sponsored 1/6/2025
Estes
KS • R
Sponsored 1/6/2025
Houchin
IN • R
Sponsored 1/6/2025
Finstad
MN • R
Sponsored 1/6/2025
Strong
AL • R
Sponsored 1/6/2025
Feenstra
IA • R
Sponsored 1/6/2025
Stauber
MN • R
Sponsored 1/6/2025
Bost
IL • R
Sponsored 1/6/2025
Fulcher
ID • R
Sponsored 1/6/2025
Ezell
MS • R
Sponsored 1/6/2025
Crenshaw
TX • R
Sponsored 1/6/2025
Fitzgerald
WI • R
Sponsored 1/6/2025
Aderholt
AL • R
Sponsored 1/6/2025
Higgins (LA)
LA • R
Sponsored 1/6/2025
Harshbarger
TN • R
Sponsored 1/6/2025
Ogles
TN • R
Sponsored 1/6/2025
Bergman
MI • R
Sponsored 1/6/2025
Graves
MO • R
Sponsored 1/6/2025
Moolenaar
MI • R
Sponsored 1/6/2025
Miller (IL)
IL • R
Sponsored 1/6/2025
Walberg
MI • R
Sponsored 1/6/2025
Weber (TX)
TX • R
Sponsored 1/6/2025
Balderson
OH • R
Sponsored 1/6/2025
Burlison
MO • R
Sponsored 1/6/2025
Moore (UT)
UT • R
Sponsored 1/6/2025
Moran
TX • R
Sponsored 1/6/2025
Biggs (AZ)
AZ • R
Sponsored 1/6/2025
Ellzey
TX • R
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Van Duyne
TX • R
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Guest
MS • R
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LaMalfa
CA • R
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Hudson
NC • R
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Carter (GA)
GA • R
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Webster (FL)
FL • R
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Green (TN)
TN • R
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Dunn (FL)
FL • R
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Langworthy
NY • R
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Hill (AR)
AR • R
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Sessions
TX • R
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Simpson
ID • R
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Womack
AR • R
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Bilirakis
FL • R
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Issa
CA • R
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Fong
CA • R
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Grothman
WI • R
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Hern (OK)
OK • R
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Smith (NE)
NE • R
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Kelly (MS)
MS • R
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Burchett
TN • R
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Amodei (NV)
NV • R
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Joyce (PA)
PA • R
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Tenney
NY • R
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Harris (MD)
MD • R
Sponsored 1/9/2025
McCormick
GA • R
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Lucas
OK • R
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Brecheen
OK • R
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Allen
GA • R
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Rouzer
NC • R
Sponsored 1/9/2025
Rutherford
FL • R
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Yakym
IN • R
Sponsored 1/9/2025
Bice
OK • R
Sponsored 1/9/2025
Gonzales, Tony
TX • R
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Guthrie
KY • R
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LaHood
IL • R
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Lee (FL)
FL • R
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Wittman
VA • R
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Downing
MT • R
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Scott, Austin
GA • R
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Smith (NJ)
NJ • R
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Wilson (SC)
SC • R
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Foxx
NC • R
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Taylor
OH • R
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Mann
KS • R
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Onder
MO • R
Sponsored 1/9/2025
Bacon
NE • R
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Salazar
FL • R
Sponsored 1/9/2025
Rose
TN • R
Sponsored 1/9/2025
Carter (TX)
TX • R
Sponsored 1/9/2025
Latta
OH • R
Sponsored 1/9/2025
Miller (WV)
WV • R
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Calvert
CA • R
Sponsored 1/9/2025
Fleischmann
TN • R
Sponsored 1/9/2025
Hageman
WY • R
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Owens
UT • R
Sponsored 1/9/2025
Babin
TX • R
Sponsored 1/9/2025
Luttrell
TX • R
Sponsored 1/9/2025
Emmer
MN • R
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Moore (AL)
AL • R
Sponsored 1/9/2025
Smucker
PA • R
Sponsored 1/13/2025
Bean (FL)
FL • R
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Barr
KY • R
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Diaz-Balart
FL • R
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McDowell
NC • R
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Meuser
PA • R
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Pfluger
TX • R
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Moore (WV)
WV • R
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Luna
FL • R
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McClintock
CA • R
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Reschenthaler
PA • R
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Rogers (AL)
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Van Drew
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Mace
SC • R
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Jackson (TX)
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McClain
MI • R
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Fallon
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Collins
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Fischbach
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Gooden
TX • R
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Steube
FL • R
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Cole
OK • R
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Self
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Murphy
NC • R
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Tiffany
WI • R
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McGuire
VA • R
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Johnson (SD)
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Davidson
OH • R
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Loudermilk
GA • R
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Cline
VA • R
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Crank
CO • R
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Garbarino
NY • R
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Letlow
LA • R
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Miller-Meeks
IA • R
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Timmons
SC • R
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Newhouse
WA • R
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Huizenga
MI • R
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Hinson
IA • R
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Knott
NC • R
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Malliotakis
NY • R
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Smith (MO)
MO • R
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Moore (NC)
NC • R
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Begich
AK • R
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Greene (GA)
GA • R
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Arrington
TX • R
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Biggs (SC)
SC • R
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Franklin, Scott
FL • R
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Fry
SC • R
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Goldman (TX)
TX • R
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Williams (TX)
TX • R
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Nehls
TX • R
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Crawford
AR • R
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Kelly (PA)
PA • R
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Turner (OH)
OH • R
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Gill (TX)
TX • R
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Palmer
AL • R
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Carey
OH • R
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Mills
FL • R
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Fedorchak
ND • R
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Maloy
UT • R
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Wied
WI • R
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Ciscomani
AZ • R
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Haridopolos
FL • R
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Messmer
IN • R
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Comer
KY • R
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Joyce (OH)
OH • R
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Flood
NE • R
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Bentz
OR • R
Sponsored 1/23/2025
Westerman
AR • R
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Gimenez
FL • R
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Roy
TX • R
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Roll Call Votes
house vote • 1/23/2025
On Passage
Yes: 217 • No: 204
house vote • 1/23/2025
On Motion to Recommit
Yes: 205 • No: 216
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