[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 123 Introduced in Senate (IS)]

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117th CONGRESS
  1st Session
                                 S. 123

   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 SENATE OF THE UNITED STATES

                            January 28, 2021

 Mr. Sasse (for himself, Mr. Barrasso, Mrs. Blackburn, Mr. Blunt, Mr. 
Boozman, Mr. Braun, Mr. Burr, Mr. Cassidy, Mr. Cornyn, Mr. Cotton, Mr. 
 Cramer, Mr. Crapo, Mr. Cruz, Mr. Daines, Ms. Ernst, Mrs. Fischer, Mr. 
 Graham, Mr. Grassley, Mr. Hagerty, Mr. Hawley, Mr. Hoeven, Mrs. Hyde-
Smith, Mr. Inhofe, Mr. Johnson, Mr. Kennedy, Mr. Lankford, Mr. Lee, Ms. 
Lummis, Mr. Marshall, Mr. McConnell, Mr. Moran, Mr. Paul, Mr. Portman, 
Mr. Risch, Mr. Rounds, Mr. Romney, Mr. Rubio, Mr. Scott of Florida, Mr. 
   Scott of South Carolina, Mr. Shelby, Mr. Sullivan, Mr. Thune, Mr. 
Tillis, Mr. Toomey, Mr. Wicker, and Mr. Young) introduced the following 
    bill; which was read twice and 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 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.

    Congress finds the following:
            (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.

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:
            ``(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 render to 
                any other child born alive at the same gestational age; 
                and
                    ``(B) following the exercise of skill, care, and 
                diligence required under subparagraph (A), ensure that 
                the child born alive is immediately transported and 
                admitted to a hospital.
            ``(2) Mandatory reporting of violations.--A health care 
        practitioner or any employee of a hospital, a physician's 
        office, or an abortion clinic who has knowledge of a failure to 
        comply with the requirements of paragraph (1) shall immediately 
        report the failure to an appropriate State or Federal law 
        enforcement agency, or to both.
    ``(b) Penalties.--
            ``(1) In general.--Whoever violates subsection (a) shall be 
        fined under this title, imprisoned for not more than 5 years, 
        or both.
            ``(2) Intentional killing of child born alive.--Whoever 
        intentionally performs or attempts to perform an overt act that 
        kills a child born alive described under subsection (a), shall 
        be punished as under section 1111 of this title for 
        intentionally killing or attempting to kill a human being.
    ``(c) Bar to Prosecution.--The mother of a child born alive 
described under subsection (a) may not be prosecuted for a violation of 
this section, an attempt to violate this section, a conspiracy to 
violate this section, or an offense under section 3 or 4 of this title 
based on such a violation.
    ``(d) Civil Remedies.--
            ``(1) Civil action by a woman on whom an abortion is 
        performed.--If a child is born alive and there is a violation 
        of subsection (a), the woman upon whom the abortion was 
        performed or attempted may, in a civil action against any 
        person who committed the violation, obtain appropriate relief.
            ``(2) Appropriate relief.--Appropriate relief in a civil 
        action under this subsection includes--
                    ``(A) objectively verifiable money damage for all 
                injuries, psychological and physical, occasioned by the 
                violation of subsection (a);
                    ``(B) statutory damages equal to 3 times the cost 
                of the abortion or attempted abortion; and
                    ``(C) punitive damages.
            ``(3) Attorney's fee for plaintiff.--The court shall award 
        a reasonable attorney's fee to a prevailing plaintiff in a 
        civil action under this subsection.
            ``(4) Attorney's fee for defendant.--If a defendant in a 
        civil action under this subsection prevails and the court finds 
        that the plaintiff's suit was frivolous, the court shall award 
        a reasonable attorney's fee in favor of the defendant against 
        the plaintiff.
    ``(e) Definitions.--In this section the following definitions 
apply:
            ``(1) Abortion.--The term `abortion' means the use or 
        prescription of any instrument, medicine, drug, or any other 
        substance or device--
                    ``(A) to intentionally kill the unborn child of a 
                woman known to be pregnant; or
                    ``(B) to intentionally terminate the pregnancy of a 
                woman known to be pregnant, with an intention other 
                than--
                            ``(i) after viability, to produce a live 
                        birth and preserve the life and health of the 
                        child born alive; or
                            ``(ii) to remove a dead unborn child.
            ``(2) Attempt.--The term `attempt', with respect to an 
        abortion, means conduct that, under the circumstances as the 
        actor believes them to be, constitutes a substantial step in a 
        course of conduct planned to culminate in performing an 
        abortion.
            ``(3) Born alive.--The term `born alive' has the meaning 
        given that term in section 8 of title 1, United States Code 
        (commonly known as the `Born-Alive Infants Protection Act').''.
    (b) Conforming Amendments.--
            (1) The table of sections for chapter 74 of title 18, 
        United States Code, is amended by adding at the end the 
        following:

``1532. Requirements pertaining to born-alive abortion survivors.''.
            (2) The chapter heading for chapter 74 of title 18, United 
        States Code, is amended by striking ``PARTIAL-BIRTH ABORTIONS'' 
        and inserting ``ABORTIONS''.
            (3) The table of chapters for part I of title 18, United 
        States Code, is amended by striking the item relating to 
        chapter 74 and inserting the following:

``74. Abortion..............................................    1531''.

SEC. 4. EFFECTIVE DATE.

    This Act shall take effect one day after the date of enactment.
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