Born-Alive Abortion Survivors Protection Act

I 116TH CONGRESS 1ST SESSION H. R. 962 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 HOUSE OF REPRESENTATIVES FEBRUARY 5, 2019 Mrs. WAGNER (for herself, Mr. BABIN, Mr. BACON, Mr. BANKS, Mr. BOST, Mr. COLLINS of New York, Mr. COLLINS of Georgia, Mr. DAVIDSON of Ohio, Mr. DUNCAN, Mr. EMMER, Mr. GIBBS, Mr. GOSAR, Mr. HUIZENGA, Mr. JOHNSON of Ohio, Mr. KELLY of Pennsylvania, Mr. LAMBORN, Mr. MOONEY of West Virginia, Mr. MULLIN, Mr. NORMAN, Mr. DAVID P. ROE of Tennessee, Mr. STEWART, Mr. WALKER, Mrs. WALORSKI, Mr. WEBER of Texas, Mr. WITTMAN, Mr. LATTA, Mr. ALLEN, Mr. GREEN of Tennessee, Mr. GIANFORTE, Mr. ROY, Mr. BARR, Mr. WALBERG, Ms. CHENEY, Mr. JOHNSON of Louisiana, Mr. JOYCE of Pennsylvania, Mr. CHABOT, Ms. FOXX of North Carolina, Mr. ABRAHAM, Mr. MARSHALL, Mr. STAUBER, Mr. FERGUSON, Mr. SMUCKER, Mr. HICE of Georgia, Mr. HARRIS, Mr. SCALISE, Mr. MCCARTHY, Mr. JORDAN, Mr. RATCLIFFE, and Mr. TIMMONS) introduced the following bill; which was referred to the Committee on the Judiciary 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. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 04:40 Feb 13, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H962.IH H962 kjohnson on DSK79L0C42 with BILLS 2 •HR 962 IH SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Born-Alive Abortion 2 Survivors Protection Act’’. 3 SEC. 2. FINDINGS; CONSTITUTIONAL AUTHORITY. 4 (a) FINDINGS.—Congress finds as follows: 5 (1) If an abortion results in the live birth of an 6 infant, the infant is a legal person for all purposes 7 under the laws of the United States, and entitled to 8 all the protections of such laws. 9 (2) Any infant born alive after an abortion or 10 within a hospital, clinic, or other facility has the 11 same claim to the protection of the law that would 12 arise for any newborn, or for any person who comes 13 to a hospital, clinic, or other facility for screening 14 and treatment or otherwise becomes a patient within 15 its care. 16 (b) CONSTITUTIONAL AUTHORITY.—In accordance 17 with the above findings, Congress enacts the following 18 pursuant to Congress’ power under— 19 (1) section 5 of the 14th Amendment, including 20 the power to enforce the prohibition on government 21 action denying equal protection of the laws; and 22 (2) section 8 of article I to make all laws nec- 23 essary and proper for carrying into execution the 24 powers vested by the Constitution of the United 25 VerDate Sep 11 2014 04:40 Feb 13, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H962.IH H962 kjohnson on DSK79L0C42 with BILLS 3 •HR 962 IH States, including the power to regulate commerce 1 under clause 3 of such section. 2 SEC. 3. BORN-ALIVE INFANTS PROTECTION. 3 (a) REQUIREMENTS PERTAINING TO BORN-ALIVE 4 ABORTION SURVIVORS.—Chapter 74 of title 18, United 5 States Code, is amended by inserting after section 1531 6 the following: 7 ‘‘§ 1532. Requirements pertaining to born-alive abor- 8 tion survivors 9 ‘‘(a) REQUIREMENTS FOR HEALTH CARE PRACTI- 10 TIONERS.—In the case of an abortion or attempted abor- 11 tion that results in a child born alive (as defined in section 12 8 of title 1, United States Code (commonly known as the 13 ‘Born-Alive Infants Protection Act’)): 14 ‘‘(1) DEGREE OF CARE REQUIRED; IMMEDIATE 15 ADMISSION TO A HOSPITAL.—Any health care practi- 16 tioner present at the time the child is born alive 17 shall— 18 ‘‘(A) exercise the same degree of profes- 19 sional skill, care, and diligence to preserve the 20 life and health of the child as a reasonably dili- 21 gent and conscientious health care practitioner 22 would render to any other child born alive at 23 the same gestational age; and 24 VerDate Sep 11 2014 04:40 Feb 13, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H962.IH H962 kjohnson on DSK79L0C42 with BILLS 4 •HR 962 IH ‘‘(B) following the exercise of skill, care, 1 and diligence required under subparagraph (A), 2 ensure that the child born alive is immediately 3 transported and admitted to a hospital. 4 ‘‘(2) MANDATORY REPORTING OF VIOLA- 5 TIONS.—A health care practitioner or any employee 6 of a hospital, a physician’s office, or an abortion 7 clinic who has knowledge of a failure to comply with 8 the requirements of paragraph (1) shall immediately 9 report the failure to an appropriate State or Federal 10 law enforcement agency, or to both. 11 ‘‘(b) PENALTIES.— 12 ‘‘(1) IN GENERAL.—Whoever violates subsection 13 (a) shall be fined under this title or imprisoned for 14 not more than 5 years, or both. 15 ‘‘(2) INTENTIONAL KILLING OF CHILD BORN 16 ALIVE.—Whoever intentionally performs or attempts 17 to perform an overt act that kills a child born alive 18 described under subsection (a), shall be punished as 19 under section 1111 of this title for intentionally kill- 20 ing or attempting to kill a human being. 21 ‘‘(c) BAR TO PROSECUTION.—The mother of a child 22 born alive described under subsection (a) may not be pros- 23 ecuted under this section, for conspiracy to violate this 24 VerDate Sep 11 2014 04:40 Feb 13, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H962.IH H962 kjohnson on DSK79L0C42 with BILLS 5 •HR 962 IH section, or for an offense under section 3 or 4 of this title 1 based on such a violation. 2 ‘‘(d) CIVIL REMEDIES.— 3 ‘‘(1) CIVIL ACTION BY A WOMAN ON WHOM AN 4 ABORTION IS PERFORMED.—If a child is born alive 5 and there is a violation of subsection (a), the woman 6 upon whom the abortion was performed or at- 7 tempted may, in a civil action against any person 8 who committed the violation, obtain appropriate re- 9 lief. 10 ‘‘(2) APPROPRIATE RELIEF.—Appropriate relief 11 in a civil action under this subsection includes— 12 ‘‘(A) objectively verifiable money damage 13 for all injuries, psychological and physical, occa- 14 sioned by the violation of subsection (a); 15 ‘‘(B) statutory damages equal to 3 times 16 the cost of the abortion or attempted abortion; 17 and 18 ‘‘(C) punitive damages. 19 ‘‘(3) ATTORNEY’S FEE FOR PLAINTIFF.—The 20 court shall award a reasonable attorney’s fee to a 21 prevailing plaintiff in a civil action under this sub- 22 section. 23 ‘‘(4) ATTORNEY’S FEE FOR DEFENDANT.—If a 24 defendant in a civil action under this subsection pre- 25 VerDate Sep 11 2014 04:40 Feb 13, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H962.IH H962 kjohnson on DSK79L0C42 with BILLS 6 •HR 962 IH vails and the court finds that the plaintiff’s suit was 1 frivolous, the court shall award a reasonable attor- 2 ney’s fee in favor of the defendant against the plain- 3 tiff. 4 ‘‘(e) DEFINITIONS.—In this section the following 5 definitions apply: 6 ‘‘(1) ABORTION.—The term ‘abortion’ means 7 the use or prescription of any instrument, medicine, 8 drug, or any other substance or device— 9 ‘‘(A) to intentionally kill the unborn child 10 of a woman known to be pregnant; or 11 ‘‘(B) to intentionally terminate the preg- 12 nancy of a woman known to be pregnant, with 13 an intention other than— 14 ‘‘(i) after viability, to produce a live 15 birth and preserve the life and health of 16 the child born alive; or 17 ‘‘(ii) to remove a dead unborn child. 18 ‘‘(2) ATTEMPT.—The term ‘attempt’, with re- 19 spect to an abortion, means conduct that, under the 20 circumstances as the actor believes them to be, con- 21 stitutes a substantial step in a course of conduct 22 planned to culminate in performing an abortion.’’. 23 (b) CLERICAL AMENDMENT.—The table of sections 24 for chapter 74 of title 18, United States Code, is amended 25 VerDate Sep 11 2014 04:40 Feb 13, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H962.IH H962 kjohnson on DSK79L0C42 with BILLS 7 •HR 962 IH by inserting after the item pertaining to section 1531 the 1 following: 2 ‘‘1532. Requirements pertaining to born-alive abortion survivors.’’. (c) CHAPTER HEADING AMENDMENTS.— 3 (1) CHAPTER HEADING IN CHAPTER.—The 4 chapter heading for chapter 74 of title 18, United 5 States Code, is amended by striking ‘‘Partial- 6 Birth Abortions’’ and inserting ‘‘Abortions’’. 7 (2) TABLE OF CHAPTERS FOR PART I.—The 8 item relating to chapter 74 in the table of chapters 9 at the beginning of part I of title 18, United States 10 Code, is amended by striking ‘‘Partial-Birth Abor- 11 tions’’ and inserting ‘‘Abortions’’. 12 Æ VerDate Sep 11 2014 04:40 Feb 13, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6301 E:\BILLS\H962.IH H962 kjohnson on DSK79L0C42 with BILLS