Born-Alive Abortion Survivors Protection Act
Officially: “Born-Alive Abortion Survivors Protection Act” Read the full text
What it does
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1Short title
This section would let people refer to the Act by the name Born-Alive Abortion Survivors Protection Act.
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1. Short title This Act may be cited as the Born-Alive Abortion Survivors Protection Act .
2Findings; constitutional authority
This section would state Congress's findings that if an abortion results in the live birth of an infant, that infant is a legal person for all purposes under United States law and is entitled to all the legal protections that come with that status. It would also state that any infant born alive after an abortion, or within a hospital, clinic, or other facility, has the same claim to legal protection as any other newborn, or as any person who comes to that facility for screening and treatment or otherwise becomes a patient there. The section would say Congress is relying on its power under section 5 of the 14th Amendment, which lets Congress enforce the constitutional ban on government action that denies equal protection of the laws, and on section 8 of Article I of the Constitution, the clause that lets Congress make laws necessary and proper to carry out its powers, including the power to regulate commerce.
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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.
3Born-alive infants protection
This section would add a new section 1532 to chapter 74 of title 18 of the United States Code. The new section would apply whenever an abortion or attempted abortion results in a child born alive, using the definition of a child born alive in section 8 of title 1 of the United States Code. Any health care practitioner present when the child is born alive would have to exercise the same degree of professional skill, care, and diligence to preserve the child's life and health that a reasonably diligent and conscientious health care practitioner would give to any other child born alive at the same gestational age, and then must make sure the child is immediately transported to and admitted into a hospital. Any health care practitioner, or any employee of a hospital, a physician's office, or an abortion clinic, who knows that these requirements were not followed would have to immediately report that failure to an appropriate State or Federal law enforcement agency, or to both. Anyone who violates these requirements would be fined under title 18, imprisoned for up to 5 years, or both. Anyone who intentionally performs or attempts an overt act that kills a child born alive under these circumstances would be punished the same as someone who intentionally kills or attempts to kill a human being under section 1111 of title 18. The mother of a child born alive under these circumstances could not be prosecuted under this new section, for conspiracy to violate it, or for an offense under section 3 or 4 of title 18 based on the same violation. If a child is born alive and there is a violation of these requirements, meaning either the degree-of-care and immediate-transport-and-admission requirement or the mandatory-reporting requirement, the woman on whom the abortion was performed or attempted could bring a civil lawsuit against anyone who committed the violation. She could recover money damages that can be objectively verified for psychological and physical injuries caused by the violation, statutory damages equal to 3 times the cost of the abortion or attempted abortion, and punitive damages. A court would have to award a reasonable attorney's fee to a plaintiff who wins such a lawsuit. If the defendant wins instead and the court finds the lawsuit was frivolous, the court would have to award a reasonable attorney's fee to the defendant against the plaintiff. The new section would define abortion as using or prescribing any instrument, medicine, drug, or other substance or device either to intentionally kill the unborn child of a woman known to be pregnant, or to intentionally end the pregnancy of a woman known to be pregnant for any purpose other than, after viability, producing a live birth and preserving the life and health of the child born alive, or removing a dead unborn child. It would define attempt, for an abortion, as conduct that counts as a substantial step toward performing an abortion, judged by the circumstances as the person believed them to be. This section would also add an entry for the new section 1532 to the table of sections for chapter 74 of title 18, and would rename chapter 74, in both its chapter heading and its entry in the table of chapters for part I of title 18, from Partial-Birth Abortions to Abortions.
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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 .
Where it is
In the House.