S 311 · 116th Congress 2019–2021, ended

Born-Alive Abortion Survivors Protection Act

Latest action · Feb 25, 2020 Cloture on the motion to proceed to the measure not invoked in Senate by Yea-Nay Vote. 56 - 41. Record Vote Number: 58. (CR S1136)

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.

  1. IntroducedJan 31, 2019
  2. Passed SenateNot reached
  3. Passed HouseNot reached
  4. To the PresidentNot reached
  5. Became lawNot reached

Summary

Born-Alive Abortion Survivors Protection Act

This bill establishes requirements for the degree of care a health care practitioner must exercise in the event a child is born alive following an abortion or attempted abortion.

A health care practitioner who is present must (1) exercise the same degree of care as reasonably provided to another child born alive at the same gestational age, and (2) immediately admit the child to a hospital. The bill also requires a health care practitioner or other employee to immediately report any failure to comply with this requirement to law enforcement.

A person who violates the requirements is subject to criminal penalties—a fine, up to five years in prison, or both.

Additionally, an individual who intentionally kills or attempts to kill a child born alive is subject to 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 2

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

Roll callQuestionResultDate
Senate 58Cloture Motion Rejected56–41Feb 25, 2020
Senate 27Cloture on the Motion to Proceed Rejected53–44Feb 25, 2019

Cosponsors 50

Members who signed on, in the order they did. Signatures ran from Jan 31, 2019 to Feb 25, 2019; 40 are original cosponsors, there from the day it was introduced.

SeatCosponsorSigned on
R-LABill CassidyOriginalJan 31, 2019
R-IAChuck GrassleyOriginalJan 31, 2019
R-MSCindy Hyde-SmithOriginalJan 31, 2019
R-GADavid PerdueOriginalJan 31, 2019
R-NEDeb FischerOriginalJan 31, 2019
R-IDJames E. RischOriginalJan 31, 2019
R-OKJames LankfordOriginalJan 31, 2019
R-OKJames M. InhofeOriginalJan 31, 2019
R-KSJerry MoranOriginalJan 31, 2019
R-WYJohn BarrassoOriginalJan 31, 2019
R-ARJohn BoozmanOriginalJan 31, 2019
R-TXJohn CornynOriginalJan 31, 2019
R-NDJohn HoevenOriginalJan 31, 2019
R-LAJohn KennedyOriginalJan 31, 2019
R-SDJohn ThuneOriginalJan 31, 2019

Actions 11

Everything that happened, newest first.

  1. Feb 25, 2020Cloture on the motion to proceed to the measure not invoked in Senate by Yea-Nay Vote. 56 - 41. Record Vote Number: 58. (CR S1136)
  2. Feb 13, 2020Motion to proceed to consideration of measure made in Senate. (CR S1062)
  3. Feb 13, 2020Cloture motion on the motion to proceed to the measure presented in Senate. (CR S1062)
  4. Feb 13, 2020Motion to proceed to consideration of measure withdrawn in Senate. (CR S1062)
  5. Feb 25, 2019Motion to proceed to measure considered in Senate. (CR S1414)
  6. Feb 25, 2019Cloture on the motion to proceed not invoked in Senate by Yea-Nay Vote. 53 - 44. Record Vote Number: 27. (CR S1422)
  7. Feb 14, 2019Motion to proceed to consideration of measure made in Senate. (CR S1364)
  8. Feb 14, 2019Cloture motion on the motion to proceed to the consideration of measure presented in Senate. (CR S1364)
  9. Feb 4, 2019Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 17.
  10. Jan 31, 2019Introduced in Senate
  11. Jan 31, 2019Introduced in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.

In the Congressional Record 12

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.

WhereIn the RecordMembersDate
HouseDebate and remarks H1445Roger Marshall R-KSMar 3, 2020
SenateDebate and remarks S1169, S1175, S1176, S1178Amy Klobuchar D-MN, James M. Inhofe R-OK, Mike Lee R-UT, Sherrod Brown D-OHFeb 27, 2020
SenateDebate and remarks S1123–S1139, S1143Cloture motions S1136Recorded votes S1136cloture motion on motion to proceedBen Sasse R-NE (cloture motion), Bernard Sanders I-VT, Catherine Cortez Masto D-NV, Charles E. Schumer D-NY, Cindy Hyde-Smith R-MS (cloture motion), David Perdue R-GA (cloture motion), Edward J. Markey D-MA, James Lankford R-OK (cloture motion), James M. Inhofe R-OK, John Barrasso R-WY, John Boozman R-AR (cloture motion), John Cornyn R-TX (cloture motion), John Hoeven R-ND (cloture motion), John Thune R-SD (cloture motion), Joni Ernst R-IA (cloture motion), Kelly Loeffler R-GA, Lindsey Graham R-SC (cloture motion), Mike Braun R-IN (cloture motion), Mike Crapo R-ID (cloture motion), Mike Rounds R-SD (cloture motion), Mitch McConnell R-KY (cloture motion), Richard J. Durbin D-IL, Roger F. Wicker R-MS (cloture motion), Thom Tillis R-NC (cloture motion), Tim Scott R-SC (cloture motion)Feb 25, 2020
SenateDebate and remarks S1096, S1098, S1101, S1105–S1113Ben Sasse R-NE, Jeanne Shaheen D-NH, John Cornyn R-TX, Joni Ernst R-IA, Mike Braun R-IN, Mitch McConnell R-KY, Patty Murray D-WA, Ron Wyden D-OR, Steve Daines R-MT, Ted Cruz R-TX, Tom Cotton R-ARFeb 24, 2020
SenateDebate and remarks S1062, S1081Motions S1062Cloture motions S1062Ben Sasse R-NE (cloture motion), Cindy Hyde-Smith R-MS (cloture motion), David Perdue R-GA (cloture motion), James Lankford R-OK (cloture motion), John Boozman R-AR (cloture motion), John Cornyn R-TX (cloture motion), John Hoeven R-ND (cloture motion), John Thune R-SD (cloture motion), Joni Ernst R-IA (cloture motion), Lindsey Graham R-SC (cloture motion), Mike Braun R-IN (cloture motion), Mike Crapo R-ID (cloture motion), Mike Rounds R-SD (cloture motion), Mitch McConnell R-KY (cloture motion, motion), Roger F. Wicker R-MS (cloture motion), Thom Tillis R-NC (cloture motion), Tim Scott R-SC (cloture motion)Feb 13, 2020

Related bills 3

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

BillTitleRelationshipLatest action
S 130Born-Alive Abortion Survivors Protection ActRelated billFeb 11, 2020
HR 962Born-Alive Abortion Survivors Protection ActRelated billMar 22, 2019
HR 8923Protection of Born-Alive Abortion Survivors ActRelated billDec 9, 2020

Titles 3

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

Official Title as Introduced
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.
Short Titles as Introduced
Born-Alive Abortion Survivors Protection Act
Short Title(s) from PCS (Placed on Senate Calendar) bill text
Born-Alive Abortion Survivors Protection Act

Subjects

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

Text 1

Each version as it was printed, newest first.

  1. Feb 4, 2019Placed on Calendar Senate

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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.