S.130 / S.311 - Born-Alive Abortion Survivors Protection Act

Photo of Congress member Senator Ben Sasse.

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.

You might favor this bill if:
►  You believe that any one individual, present at the time of a failed or attempted abortion, must ensure that the "born-alive survivor" is admitted to the hospital and taken care of. Any individual who commits an overt act that kills a child born alive must face criminal murder charges.

You might oppose this bill if:
►  You believe that this sort of behavior rarely happens in hospitals and even if it happens, born alive children are already taken care of. Rather, the legislation is aimed at further diminishing women’s reproductive rights with the use of criminal charges and partisan fear mongering.
Introduced House Senate President Law

The Born-Alive Abortion Survivors Protection Act would require any healthcare practitioner, who is present at the time a child is born alive following an abortion, to exercise the same degree of care as to any other child born alive at the same age and circumstance and ensure the child is immediately admitted to a hospital.

The legislation defines the term “born alive” as “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.”

Any healthcare practitioner, or employee, who has knowledge of a failure to comply with such requirements must report such failures to the appropriate law enforcement agency immediately.

Any one individual who violates any provisions of the law would be subject to a criminal fine, up to five years in prison, or both.

Any one individual who commits an overt act that kills a child born alive would be subject to criminal prosecution for murder.

The bill bars the criminal prosecution of the mother of a child born alive for conspiracy to violate these provisions, for being an accessory after the fact, or for concealment of felony. It also allows the woman who undergoes an abortion to file a civil action for damages against the individual who violated any section of the legislation and obtain an appropriate relief, defined as:
- money damages for all psychological and physical injuries;
- statutory damages equal to 3 times the cost of the abortion or attempted abortion; and
- punitive damages.

In early February 2018, Sen. Sasse (R-NE) asked for an unanimous consent to pass the legislation, it failed since Democrats blocked it. It is now expected to go for a vote on the Senate floor. Sen. Sasse is publicly calling out senators to take a vote on the issue.

“I want to thank the Majority Leader [Sen. McConnell] for scheduling this vote so that every American can know where their Senator stands on the issue of infanticide. A lot of Senators spend a lot of time telling people how they fight for the little guy. Well, here’s the chance for them to prove it," said Sen. Sasse (R-NE), author of the legislation. "We’re going to have a vote on the Born-Alive Abortion Survivors Protection Act and everyone is going to have to put their name by their vote. It’s cowardly for a politician to say they’ll fight for the little guy but only if the little guy isn’t an actual seven-pound baby who’s fighting for life. It shouldn’t be hard to protect newborn babies – let’s pass this legislation.”


Sponsored by: Sen. Sasse, Ben [R-NE].

Cosponsored by: 48 Rep / 0 Dem / 0 Ind.

See list of cosponsors.


Sponsored by: Sen. Sasse, Ben [R-NE].

Cosponsored by: 49 Rep / 0 Dem / 0 Ind.

See list of cosponsors.

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