Bills · 118th Congress · Crime and Law Enforcement

Born-Alive Abortion Survivors Protection Act

Where it stands

  1. Introduced1/9/23
  2. Passed HousePassed 1/11/23
  3. Senate
  4. President
  5. Law

Passed the House 220–210 on January 11, 2023 (Roll Call 29 →). Received in the Senate on January 23, 2023.

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Roll calls on this bill

Votes on passage
HouseOn Passage · 1/11/23PassageThe vote on whether this chamber approves the measure — usually by a simple majority of those voting. It becomes law only once both chambers pass the same text and the president signs it, or Congress overrides a veto.House: The Legislative Process ↗
Passed
  • Democratic1 Yea · 210 Nay · 1 Present · 0 Not voting
  • Republican219 Yea · 0 Nay · 0 Present · 3 Not voting
  • Independent / Other0 Yea · 0 Nay · 0 Present · 0 Not voting
Official summary (CRS)

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.

Full text on congress.gov ↗
Sponsor
Rep. Ann Wagner ( Republican · MO-2)
Cosponsors
166
Introduced
1/9/23
Policy area
Crime and Law Enforcement

What happens next

The Senate must pass the same text, then it goes to the President.

If it isn't enacted by Jan 3, 2025, it expires when the 118th Congress ends.

All actions (15)
  1. 1/9/23Introduced in House
  2. 1/9/23Referred to the House Committee on the Judiciary.
  3. 1/11/23Considered under the provisions of rule H. Res. 5. (consideration: CR H178-190)
  4. 1/11/23DEBATE - The House proceeded with one hour of debate on H.R. 26.
  5. 1/11/23The previous question was ordered pursuant to the rule.
  6. 1/11/23Ms. DeGette moved to recommit to the Committee on the Judiciary. (text: CR H187-190)
  7. 1/11/23The previous question on the motion to recommit was ordered pursuant to clause 2(b) of rule XIX.
  8. 1/11/23POSTPONED PROCEEDINGS - At the conclusion of debate on H.R. 26, the Chair put the question on passage of the motion to recommit and by voice vote, announced that the nays had prevailed. Ms. DeGette demanded the yeas and nays and the Chair postponed further proceedings until a time to be announced.
  9. 1/11/23Considered as unfinished business. (consideration: CR H190-191)
  10. 1/11/23On motion to recommit Failed by the Yeas and Nays: 212 - 219 (Roll no. 28).
  11. 1/11/23Passed/agreed to in House: On passage Passed by the Yeas and Nays: 220 - 210, 1 Present (Roll no. 29). (text: CR H178)
  12. 1/11/23On passage Passed by the Yeas and Nays: 220 - 210, 1 Present (Roll no. 29). (text: CR H178)
  13. 1/11/23Motion to reconsider laid on the table Agreed to without objection.
  14. 1/23/23Received in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
  15. 1/25/23Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 2.