HR 4712 · 115th Congress 2017–2019, ended

Born-Alive Abortion Survivors Protection Act

Introduced Dec 21, 2017 Originated House Sponsor Marsha Blackburn R-TN

Latest action · Jan 20, 2018 Received in the Senate.

Progress

Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.

IntroducedDec 21, 2017
Passed HouseJan 19, 2018
Passed SenateNot reached
To the PresidentNot reached
Became lawNot reached

Summary

Born-Alive Abortion Survivors Protection Act

This bill amends the federal criminal code to require any health care practitioner who is present when a child is born alive following an abortion or attempted abortion to: (1) exercise the same degree of care as reasonably provided to any other child born alive at the same gestational age, and (2) ensure that such child is immediately admitted to a hospital. The term "born alive" means the complete expulsion or extraction from his or her mother, at any stage of development, who after such expulsion or extraction breathes or has a beating heart, pulsation of the umbilical cord, or definite movement of voluntary muscles, regardless of whether the umbilical cord has been cut.

Also, a health care practitioner or other employee who has knowledge of a failure to comply with these requirements must immediately report such failure to an appropriate law enforcement agency.

An individual who violates the provisions of this bill is subject to a criminal fine, up to five years in prison, or both.

An individual who commits an overt act that kills a child born alive is subject to criminal prosecution for murder.

The bill bars the criminal prosecution of a mother of a child born alive for conspiracy to violate these provisions, for being an accessory after the fact, or for concealment of felony.

A woman who undergoes an abortion or attempted abortion may file a civil action for damages against an individual who violates this bill.

Recorded votes 1

Newest first. Open one to see how every member voted.

Roll call	Question	Result	Date
House 36	On Passage	Passed241–183	Jan 19, 2018

Cosponsors 131

Members who signed on, in the order they did. Signatures ran from Dec 21, 2017 to Jan 18, 2018; 56 are original cosponsors, there from the day it was introduced.

Seat	Cosponsor		Signed on
R-MD	Andy Harris	Original	Dec 21, 2017
R-MO	Ann Wagner	Original	Dec 21, 2017
R-TX	Bill Flores	Original	Dec 21, 2017
R-MI	Bill Huizenga	Original	Dec 21, 2017
R-OH	Bill Johnson	Original	Dec 21, 2017
R-MO	Blaine Luetkemeyer	Original	Dec 21, 2017
R-OH	Bob Gibbs	Original	Dec 21, 2017
R-VA	Bob Goodlatte	Original	Dec 21, 2017
R-TX	Brian Babin	Original	Dec 21, 2017
R-NY	Chris Collins	Original	Dec 21, 2017
R-UT	Chris Stewart	Original	Dec 21, 2017
R-NJ	Christopher H. Smith	Original	Dec 21, 2017
R-FL	Daniel Webster	Original	Dec 21, 2017
R-OH	David P. Joyce	Original	Dec 21, 2017
R-TN	David P. Roe	Original	Dec 21, 2017
R-NE	Don Bacon	Original	Dec 21, 2017
R-GA	Doug Collins	Original	Dec 21, 2017
R-CO	Doug Lamborn	Original	Dec 21, 2017
R-IN	Jackie Walorski	Original	Dec 21, 2017
R-SC	Jeff Duncan	Original	Dec 21, 2017
R-IN	Jim Banks	Original	Dec 21, 2017
R-OH	Jim Jordan	Original	Dec 21, 2017
R-TX	Jodey C. Arrington	Original	Dec 21, 2017
R-GA	Jody B. Hice	Original	Dec 21, 2017
R-SC	Joe Wilson	Original	Dec 21, 2017
R-MI	John R. Moolenaar	Original	Dec 21, 2017
R-TX	K. Michael Conaway	Original	Dec 21, 2017
R-PA	Keith J. Rothfus	Original	Dec 21, 2017
R-TX	Kevin Brady	Original	Dec 21, 2017
R-ND	Kevin Cramer	Original	Dec 21, 2017
R-KS	Kevin Yoder	Original	Dec 21, 2017
R-SD	Kristi L. Noem	Original	Dec 21, 2017
R-PA	Lou Barletta	Original	Dec 21, 2017
R-NC	Mark Walker	Original	Dec 21, 2017
R-OK	Markwayne Mullin	Original	Dec 21, 2017
R-IL	Mike Bost	Original	Dec 21, 2017
R-PA	Mike Kelly	Original	Dec 21, 2017
R-AZ	Paul A. Gosar	Original	Dec 21, 2017
I-MI	Paul Mitchell	Original	Dec 21, 2017
R-TX	Pete Olson	Original	Dec 21, 2017
R-IL	Peter J. Roskam	Original	Dec 21, 2017
R-LA	Ralph Lee Abraham	Original	Dec 21, 2017
R-SC	Ralph Norman	Original	Dec 21, 2017
R-TX	Randy K. Weber, Sr.	Original	Dec 21, 2017
R-NC	Richard Hudson	Original	Dec 21, 2017
R-AL	Robert B. Aderholt	Original	Dec 21, 2017
R-VA	Robert J. Wittman	Original	Dec 21, 2017
R-NC	Robert Pittenger	Original	Dec 21, 2017
R-KS	Roger Marshall	Original	Dec 21, 2017
R-OH	Steve Chabot	Original	Dec 21, 2017
R-MS	Steven M. Palazzo	Original	Dec 21, 2017
R-IN	Todd Rokita	Original	Dec 21, 2017
R-MN	Tom Emmer	Original	Dec 21, 2017
R-NC	Virginia Foxx	Original	Dec 21, 2017
R-NC	Walter B. Jones	Original	Dec 21, 2017
R-OH	Warren Davidson	Original	Dec 21, 2017
R-IA	Steve King		Jan 3, 2018
R-IN	Luke Messer		Jan 5, 2018
R-AL	Bradley Byrne		Jan 8, 2018
R-MO	Vicky Hartzler		Jan 8, 2018
R-WV	Alexander X. Mooney		Jan 10, 2018
R-GA	Barry Loudermilk		Jan 10, 2018
R-VA	Dave Brat		Jan 10, 2018
R-TN	Diane Black		Jan 10, 2018
R-WV	Evan H. Jenkins		Jan 10, 2018
R-WI	Glenn Grothman		Jan 10, 2018
R-PA	Glenn Thompson		Jan 10, 2018
R-OH	James B. Renacci		Jan 10, 2018
R-UT	John R. Curtis		Jan 10, 2018
R-TX	John Ratcliffe		Jan 10, 2018
R-GA	Karen C. Handel		Jan 10, 2018
R-AL	Martha Roby		Jan 10, 2018
R-AL	Mike Rogers		Jan 10, 2018
R-AL	Mo Brooks		Jan 10, 2018
R-TX	Pete Sessions		Jan 10, 2018
R-IL	Randy Hultgren		Jan 10, 2018
R-ID	Raul R. Labrador		Jan 10, 2018
R-TX	Sam Johnson		Jan 10, 2018
R-NM	Stevan Pearce		Jan 10, 2018
R-FL	Ted S. Yoho		Jan 10, 2018
R-CA	Tom McClintock		Jan 10, 2018
R-WV	David B. McKinley		Jan 11, 2018
R-NC	David Rouzer		Jan 11, 2018
R-GA	Earl L. "Buddy" Carter		Jan 11, 2018
R-KS	Ron Estes		Jan 11, 2018
R-FL	Thomas J. Rooney		Jan 11, 2018
R-MI	Tim Walberg		Jan 11, 2018
R-IL	Adam Kinzinger		Jan 12, 2018
R-TN	David Kustoff		Jan 12, 2018
R-FL	Francis Rooney		Jan 12, 2018
R-MO	Jason Smith		Jan 12, 2018
R-WY	Liz Cheney		Jan 12, 2018
R-GA	Rick W. Allen		Jan 12, 2018
R-IL	Rodney Davis		Jan 12, 2018
R-GA	Austin Scott		Jan 16, 2018
R-FL	Bill Posey		Jan 16, 2018
R-OH	Brad R. Wenstrup		Jan 16, 2018
R-TN	Charles J. "Chuck" Fleischmann		Jan 16, 2018
R-LA	Clay Higgins		Jan 16, 2018
R-WA	Dan Newhouse		Jan 16, 2018
D-IL	Daniel Lipinski		Jan 16, 2018
R-CA	Doug LaMalfa		Jan 16, 2018
R-LA	Garret Graves		Jan 16, 2018
R-AL	Gary J. Palmer		Jan 16, 2018
R-MI	Jack Bergman		Jan 16, 2018
R-IL	John Shimkus		Jan 16, 2018
R-NC	Mark Meadows		Jan 16, 2018
R-LA	Mike Johnson		Jan 16, 2018
R-UT	Rob Bishop		Jan 16, 2018
R-OH	Robert E. Latta		Jan 16, 2018
R-TX	Roger Williams		Jan 16, 2018
R-FL	Ron DeSantis		Jan 16, 2018
R-MO	Sam Graves		Jan 16, 2018
R-GA	Tom Graves		Jan 16, 2018
R-AZ	Andy Biggs		Jan 17, 2018
R-MO	Billy Long		Jan 17, 2018
R-KY	Brett Guthrie		Jan 17, 2018
R-FL	Dennis A. Ross		Jan 17, 2018
R-FL	Gus M. Bilirakis		Jan 17, 2018
R-NE	Jeff Fortenberry		Jan 17, 2018
R-TX	Kenny Marchant		Jan 17, 2018
R-TX	Michael C. Burgess		Jan 17, 2018
R-TX	Michael T. McCaul		Jan 17, 2018
R-MI	Mike Bishop		Jan 17, 2018
R-GA	Rob Woodall		Jan 17, 2018
R-WI	Sean P. Duffy		Jan 17, 2018
R-MT	Greg Gianforte		Jan 18, 2018
R-TX	Louie Gohmert		Jan 18, 2018
R-FL	Neal P. Dunn		Jan 18, 2018
R-OH	Steve Stivers		Jan 18, 2018
R-VA	Thomas A. Garrett, Jr.		Jan 18, 2018

Committees 1

Where it was sent and what each committee and subcommittee did with it, in order.

Chamber	Committee	What it did
House	Judiciary Committee	Referred Dec 21, 2017
	Crime and Federal Government Surveillance Subcommittee	Referred Dec 21, 2017
	Constitution and Limited Government Subcommittee	Referred Dec 21, 2017

Actions 15

Everything that happened, newest first.

Jan 20, 2018Received in the Senate.
Jan 19, 2018Considered under the provisions of rule H. Res. 694. (consideration: CR H560-569)
Jan 19, 2018Rule provides for consideration of H.R. 4712 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit. Measure will be considered read. Bill is closed to amendments. The rule also provides for proceedings during the period from January 22, 2018 through January 26, 2018.
Jan 19, 2018DEBATE - The House proceeded with one hour of debate on H.R. 4712.
Jan 19, 2018The previous question was ordered pursuant to the rule.

Show all 15 actions

In the Congressional Record 6

Days the Record’s own index lists this bill, newest first, with the pages and the members it names. Pages starting H are the House, S the Senate, E Extensions of Remarks.

Where	In the Record	Members	Date
Senate	Debate and remarks S541	Roy Blunt R-MO	Jan 29, 2018
House	Debate and remarks H560–H569, H574, H575Text printed H560Recorded votes H571enact	A. Donald McEachin D-VA, Ami Bera D-CA, Barbara Lee D-CA, Betty McCollum D-MN, Blake Farenthold R-TX, Bob Goodlatte R-VA, Brenda L. Lawrence D-MI, Brian Babin R-TX, Carolyn B. Maloney D-NY, Christopher H. Smith R-NJ, Diane Black R-TN, Janice D. Schakowsky D-IL, Jerrold Nadler D-NY, Jim Banks R-IN, Judy Chu D-CA, Keith J. Rothfus R-PA, Kristi L. Noem R-SD, Lois Frankel D-FL, Marsha Blackburn R-TN, Martha Roby R-AL, Paul Mitchell I-MI, Pramila Jayapal D-WA, Ralph Norman R-SC, Robert B. Aderholt R-AL, Rosa L. DeLauro D-CT, Sheila Jackson Lee D-TX, Steve Cohen D-TN, Steve King R-IA, Suzanne Bonamici D-OR, Ted Budd R-NC, Vicky Hartzler R-MO, Virginia Foxx R-NC	Jan 19, 2018
House · Senate	Debate and remarks H482, H488, H492, H493, H494–H503, H505, S272Text printed H494Amendments H503Recorded votes H512consideration (H. Res. 694), previous question	A. Donald McEachin D-VA, Alexander X. Mooney R-WV, Bill Huizenga R-MI, Christopher H. Smith R-NJ, Dan Newhouse R-WA, David Kustoff R-TN, Debbie Wasserman Schultz D-FL, Diana DeGette D-CO, Doug Collins R-GA, Doug LaMalfa R-CA, Doug Lamborn R-CO, James Lankford R-OK, James P. McGovern D-MA (amendment), Liz Cheney R-WY, Lois Frankel D-FL, Louise McIntosh Slaughter D-NY, Marsha Blackburn R-TN, Mike Bost R-IL, Mike Johnson R-LA, Roy Blunt R-MO, Sheila Jackson Lee D-TX, Steve King R-IA, Warren Davidson R-OH	Jan 18, 2018
House	Debate and remarks H420, H421, H462–H469	Andy Biggs R-AZ, Evan H. Jenkins R-WV, Garret Graves R-LA, Jackie Walorski R-IN, Lloyd Smucker R-PA, Mike Kelly R-PA, Rick W. Allen R-GA, Roger Marshall R-KS, Sam Johnson R-TX	Jan 17, 2018
House	Debate and remarks H176Declaratory Statements H413	Jodey C. Arrington R-TX	Jan 16, 2018

Show all 6 days

Research

What has been written about this bill: committee reports, cost estimates, the sponsor’s authority statement, printed hearings and the Congressional Research Service’s work.

Constitutional authority

Congress has the power to enact this legislation pursuant to the following: Congress has authority to extend protection to born-alive abortion survivors under the Supreme Court's Commerce Clause precedents and under the Constitution's grants of powers to Congress under the Equal Protection, Due Process, and Enforcement Clauses of the Fourteenth Amendment.

The sponsor’s statement, as printed in the Congressional Record, vol. 163, no. 209, December 21, 2017, page H10420.

CRS reports 1

Congressional Research Service work that CRS links to this bill or the law it became, newest first.

Cite it 1

Products on other subjects that cite it, usually among other measures.

Product	Title	Kind	Published
R45161	Abortion At or Over 20 Weeks’ Gestation: Frequently Asked Questions	Report	Apr 30, 2018

Related bills 3

Companion bills and other measures the record links to this one.

Bill	Title	Relationship	Latest action
HR 37	Born-Alive Abortion Survivors Protection Act	Identical bill	Jan 12, 2017
S 220	Born-Alive Abortion Survivors Protection Act	Identical bill	Jan 24, 2017
HRES 694	Providing for consideration of the bill (H.R. 4712) 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, and providing for proceedings during the period from January 22, 2018, through January 26, 2018.	Procedurally related	Jan 18, 2018

Titles 3

Every title it has carried, official and short, at each stage.

Official Title as Introduced: 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.
Short Titles as Introduced: Born-Alive Abortion Survivors Protection Act
Short Titles as Passed House: Born-Alive Abortion Survivors Protection Act

Subjects

Assigned by the Library of Congress. Policy area: Crime and Law Enforcement.

Text 3

Each version as it was printed, newest first.

Jan 20, 2018Received in Senate
Jan 19, 2018Engrossed in House
Dec 21, 2017Introduced in House

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Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.