WHAT THE LAW DOINCongress, in plain words

S. 6 · 119th Congress

Born-Alive Abortion Survivors Protection Act

IntroducedCrime and Law Enforcement
IntroducedJan 15, 2025
Passed SenateNot yet
Passed HouseNot yet
To PresidentNot yet
Became lawNot yet

Where it stands

Introduced. Latest step, Jan 22, 2025: 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) It would change 1 section of existing law and would add 1 new provisions of its own.

How this bill changes the law

Sourced

S. 6 would change 1 section of existing law, and would create 1 new provision of its own. Read from the bill text as placed on the Senate calendar (Jan 16, 2025).

18 U.S.C. 1531 Partial-birth abortions prohibited

New provisions of the bill's own

  • Sec. 2 Findings
What the words would change: every change, in place (1)

Today's wording of each part of the law, with what would be struck out and added. Each change also gives the bill's own instruction, word for word.

  1. 18 U.S.C. 1531added 1532by S. 6 Sec. 3(a)

    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").

    The bill says: Chapter 74 of title 18, United States Code, is amended by inserting after section 1531 the following:

From the bill's official text on GovInfo and the U.S. Code, 2024 edition, which may not yet show changes made since.

What it does

Sourced

Born-Alive Abortion Survivors Protection Act

This bill establishes requirements for the degree of care a health care practitioner must provide in the case of a child born alive following an abortion or attempted abortion.

Specifically, a health care practitioner who is present must (1) exercise the same degree of care as would reasonably be provided to any other child born alive at the same gestational age, and (2) ensure the child is immediately admitted to a hospital. Additionally, a health care practitioner or other employee who has knowledge of a failure to comply with the degree-of-care requirements must immediately report such failure to law enforcement.

A health care practitioner who fails to provide the required degree of care, or a health care practitioner or other employee who fails to report such failure, is subject to criminal penalties—a fine, up to five years in prison, or both.

An individual who intentionally kills or attempts to kill a child born alive is subject to prosecution for murder.

The bill bars the criminal prosecution of a mother of a child born alive under this bill and allows her to bring a civil action against a health care practitioner or other employee for violations.

Official summary by the Congressional Research Service (Introduced in Senate, Jan 15, 2025).

Our plain-language breakdown, with what it means for you and the case for and against, is written once a bill starts to move.

What has happened

Sourced
  1. Jan 15, 2025Introduced in SenateLibrary of Congress

Show all 8 recorded actions

Recorded votes

Sourced
  1. Jan 22, 2025 · SenateCloture on the Motion to Proceed Rejected 52–47
    On Cloture on the Motion to Proceed · needed three-fifths
    R 52 yes, 0 noI 0 yes, 2 noD 0 yes, 45 noEach member · Record

Cosponsors

  • Jim Banks R-IN
  • John Barrasso R-WY
  • Marsha Blackburn R-TN
  • John Boozman R-AR
  • Katie Boyd Britt R-AL
  • Ted Budd R-NC
  • Shelley Moore Capito R-WV
  • Bill Cassidy R-LA
  • John Cornyn R-TX
  • Tom Cotton R-AR
  • Kevin Cramer R-ND
  • Mike Crapo R-ID
Show 38 more cosponsors
  • Ted Cruz R-TX
  • John R. Curtis R-UT
  • Steve Daines R-MT
  • Joni Ernst R-IA
  • Deb Fischer R-NE
  • Sen. Lindsey Graham R-SC
  • Darline Graham R-SC
  • Chuck Grassley R-IA
  • Bill Hagerty R-TN
  • Josh Hawley R-MO
  • John Hoeven R-ND
  • Cindy Hyde-Smith R-MS
  • Ron Johnson R-WI
  • James C. Justice R-WV
  • John Kennedy R-LA
  • Mike Lee R-UT
  • Cynthia M. Lummis R-WY
  • Roger Marshall R-KS
  • Mitch McConnell R-KY
  • David McCormick R-PA
  • Ashley Moody R-FL
  • Jerry Moran R-KS
  • Bernie Moreno R-OH
  • Sen. Markwayne Mullin R-OK
  • Rand Paul R-KY
  • Pete Ricketts R-NE
  • James E. Risch R-ID
  • Mike Rounds R-SD
  • Eric Schmitt R-MO
  • Tim Scott R-SC
  • Rick Scott R-FL
  • Tim Sheehy R-MT
  • Dan Sullivan R-AK
  • John Thune R-SD
  • Thom Tillis R-NC
  • Tommy Tuberville R-AL
  • Roger F. Wicker R-MS
  • Todd Young R-IN