Born-Alive Abortion Survivors Protection Act

II Calendar No. 17 116TH CONGRESS 1ST SESSION S. 311 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. IN THE SENATE OF THE UNITED STATES JANUARY 31, 2019 Mr. SASSE (for himself, Mr. BARRASSO, Mrs. BLACKBURN, Mr. BLUNT, Mr. BOOZMAN, Mr. BRAUN, Mr. BURR, Mr. CASSIDY, Mr. CORNYN, Mr. COT- TON, Mr. CRAMER, Mr. CRAPO, Mr. CRUZ, Mr. DAINES, Mr. ENZI, Ms. ERNST, Mrs. FISCHER, Mr. GRAHAM, Mr. GRASSLEY, Mr. HAWLEY, Mr. HOEVEN, Mrs. HYDE-SMITH, Mr. INHOFE, Mr. ISAKSON, Mr. JOHNSON, Mr. KENNEDY, Mr. LANKFORD, Mr. MCCONNELL, Mr. MORAN, Mr. PERDUE, Mr. PORTMAN, Mr. RISCH, Mr. ROBERTS, Mr. ROMNEY, Mr. ROUNDS, Mr. RUBIO, Mr. SCOTT of South Carolina, Mr. THUNE, Mr. TILLIS, Mr. WICKER, Mr. YOUNG, Mr. ALEXANDER, Mr. LEE, and Mr. SULLIVAN) introduced the following bill; which was read the first time FEBRUARY 4, 2019 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 de- gree of care in the case of a child who survives an abortion or attempted abortion. VerDate Sep 11 2014 01:07 Feb 06, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\S311.PCS S311 pbinns on DSK79D2C42PROD with BILLS 2 •S 311 PCS Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Born-Alive Abortion 4 Survivors Protection Act’’. 5 SEC. 2. FINDINGS. 6 Congress finds the following: 7 (1) If an abortion results in the live birth of an 8 infant, the infant is a legal person for all purposes 9 under the laws of the United States, and entitled to 10 all the protections of such laws. 11 (2) Any infant born alive after an abortion or 12 within a hospital, clinic, or other facility has the 13 same claim to the protection of the law that would 14 arise for any newborn, or for any person who comes 15 to a hospital, clinic, or other facility for screening 16 and treatment or otherwise becomes a patient within 17 its care. 18 SEC. 3. BORN-ALIVE INFANTS PROTECTION. 19 (a) REQUIREMENTS PERTAINING TO BORN-ALIVE 20 ABORTION SURVIVORS.—Chapter 74 of title 18, United 21 States Code, is amended by inserting after section 1531 22 the following: 23 VerDate Sep 11 2014 01:07 Feb 06, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S311.PCS S311 pbinns on DSK79D2C42PROD with BILLS 3 •S 311 PCS ‘‘§ 1532. Requirements pertaining to born-alive abor- 1 tion survivors 2 ‘‘(a) REQUIREMENTS FOR HEALTH CARE PRACTI- 3 TIONERS.—In the case of an abortion or attempted abor- 4 tion that results in a child born alive: 5 ‘‘(1) DEGREE OF CARE REQUIRED; IMMEDIATE 6 ADMISSION TO A HOSPITAL.—Any health care practi- 7 tioner present at the time the child is born alive 8 shall— 9 ‘‘(A) exercise the same degree of profes- 10 sional skill, care, and diligence to preserve the 11 life and health of the child as a reasonably dili- 12 gent and conscientious health care practitioner 13 would render to any other child born alive at 14 the same gestational age; and 15 ‘‘(B) following the exercise of skill, care, 16 and diligence required under subparagraph (A), 17 ensure that the child born alive is immediately 18 transported and admitted to a hospital. 19 ‘‘(2) MANDATORY REPORTING OF VIOLA- 20 TIONS.—A health care practitioner or any employee 21 of a hospital, a physician’s office, or an abortion 22 clinic who has knowledge of a failure to comply with 23 the requirements of paragraph (1) shall immediately 24 report the failure to an appropriate State or Federal 25 law enforcement agency, or to both. 26 VerDate Sep 11 2014 01:07 Feb 06, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S311.PCS S311 pbinns on DSK79D2C42PROD with BILLS 4 •S 311 PCS ‘‘(b) PENALTIES.— 1 ‘‘(1) IN GENERAL.—Whoever violates subsection 2 (a) shall be fined under this title, imprisoned for not 3 more than 5 years, or both. 4 ‘‘(2) INTENTIONAL KILLING OF CHILD BORN 5 ALIVE.—Whoever intentionally performs or attempts 6 to perform an overt act that kills a child born alive 7 described under subsection (a), shall be punished as 8 under section 1111 of this title for intentionally kill- 9 ing or attempting to kill a human being. 10 ‘‘(c) BAR TO PROSECUTION.—The mother of a child 11 born alive described under subsection (a) may not be pros- 12 ecuted for a violation of this section, an attempt to violate 13 this section, a conspiracy to violate this section, or an of- 14 fense under section 3 or 4 of this title based on such a 15 violation. 16 ‘‘(d) CIVIL REMEDIES.— 17 ‘‘(1) CIVIL ACTION BY A WOMAN ON WHOM AN 18 ABORTION IS PERFORMED.—If a child is born alive 19 and there is a violation of subsection (a), the woman 20 upon whom the abortion was performed or at- 21 tempted may, in a civil action against any person 22 who committed the violation, obtain appropriate re- 23 lief. 24 VerDate Sep 11 2014 01:07 Feb 06, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S311.PCS S311 pbinns on DSK79D2C42PROD with BILLS 5 •S 311 PCS ‘‘(2) APPROPRIATE RELIEF.—Appropriate relief 1 in a civil action under this subsection includes— 2 ‘‘(A) objectively verifiable money damage 3 for all injuries, psychological and physical, occa- 4 sioned by the violation of subsection (a); 5 ‘‘(B) statutory damages equal to 3 times 6 the cost of the abortion or attempted abortion; 7 and 8 ‘‘(C) punitive damages. 9 ‘‘(3) ATTORNEY’S FEE FOR PLAINTIFF.—The 10 court shall award a reasonable attorney’s fee to a 11 prevailing plaintiff in a civil action under this sub- 12 section. 13 ‘‘(4) ATTORNEY’S FEE FOR DEFENDANT.—If a 14 defendant in a civil action under this subsection pre- 15 vails and the court finds that the plaintiff’s suit was 16 frivolous, the court shall award a reasonable attor- 17 ney’s fee in favor of the defendant against the plain- 18 tiff. 19 ‘‘(e) DEFINITIONS.—In this section the following 20 definitions apply: 21 ‘‘(1) ABORTION.—The term ‘abortion’ means 22 the use or prescription of any instrument, medicine, 23 drug, or any other substance or device— 24 VerDate Sep 11 2014 01:07 Feb 06, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S311.PCS S311 pbinns on DSK79D2C42PROD with BILLS 6 •S 311 PCS ‘‘(A) to intentionally kill the unborn child 1 of a woman known to be pregnant; or 2 ‘‘(B) to intentionally terminate the preg- 3 nancy of a woman known to be pregnant, with 4 an intention other than— 5 ‘‘(i) after viability, to produce a live 6 birth and preserve the life and health of 7 the child born alive; or 8 ‘‘(ii) to remove a dead unborn child. 9 ‘‘(2) ATTEMPT.—The term ‘attempt’, with re- 10 spect to an abortion, means conduct that, under the 11 circumstances as the actor believes them to be, con- 12 stitutes a substantial step in a course of conduct 13 planned to culminate in performing an abortion. 14 ‘‘(3) BORN ALIVE.—The term ‘born alive’ has 15 the meaning given that term in section 8 of title 1, 16 United States Code (commonly known as the ‘Born- 17 Alive Infants Protection Act’).’’. 18 (b) CONFORMING AMENDMENTS.— 19 (1) The table of sections for chapter 74 of title 20 18, United States Code, is amended by adding at 21 the end the following: 22 ‘‘1532. Requirements pertaining to born-alive abortion survivors.’’. (2) The chapter heading for chapter 74 of title 23 18, United States Code, is amended by striking 24 VerDate Sep 11 2014 01:07 Feb 06, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S311.PCS S311 pbinns on DSK79D2C42PROD with BILLS 7 •S 311 PCS ‘‘PARTIAL-BIRTH ABORTIONS’’ and insert- 1 ing ‘‘ABORTIONS’’. 2 (3) The table of chapters for part I of title 18, 3 United States Code, is amended by striking the item 4 relating to chapter 74 and inserting the following: 5 ‘‘74. Abortion ....................................................................................... 1531’’. SEC. 4. EFFECTIVE DATE. 6 This Act shall take effect one day after the date of 7 enactment. 8 VerDate Sep 11 2014 01:07 Feb 06, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S311.PCS S311 pbinns on DSK79D2C42PROD with BILLS Calendar No. 17 116TH CONGRESS 1ST SESSION S. 311 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. FEBRUARY 4, 2019 Read the second time and placed on the calendar VerDate Sep 11 2014 01:07 Feb 06, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6651 Sfmt 6651 E:\BILLS\S311.PCS S311 pbinns on DSK79D2C42PROD with BILLS