Born-Alive Abortion Survivors Protection Act

<DOC>
119th CONGRESS
  1st Session
                                 H. R. 21

                   IN THE SENATE OF THE UNITED STATES

                            January 24, 2025

  Received; read twice and referred to the Committee on the Judiciary

                                 AN ACT

 
   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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Born-Alive Abortion Survivors 
Protection Act''.

SEC. 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.

SEC. 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:
``Sec. 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 ren…