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H.R. 21Passed House

Born-Alive Abortion Survivors Protection Act

Introduced: Jan 3, 2025

Latest action date: Jan 24, 2025

Latest development

Received in the Senate and Read twice and referred to the Committee on the Judiciary.

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Congress
119th Congress
Introduced
Jan 3, 2025
Recorded roll calls
2

Status detail: The full action history records passage in the House.

Plain-language overview

What this bill does

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.

A health care practitioner who fails to provide the required degree of care, or a health care practitioner or other employee who fails to report such failure, is subject to criminal penalties—a fine, up to five years in prison, or both.

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 under this bill and allows her to bring a civil action against a health care practitioner or other employee for violations.

Official summary from Congress.gov.

Civixly topics

What this legislation is about

Civixly topics make federal and state legislation comparable. They are derived from the official CRS policy area and legislative subjects.

Official CRS policy area

Crime and Law Enforcement

View 7 official legislative subjects
AbortionCivil actions and liabilityCriminal investigation, prosecution, interrogationHealth personnelLegal fees and court costsMedical ethicsViolent crime

Committee activity

Committees and subcommittees that received, reviewed, marked up, or reported this legislation.

Amendments

Proposed changes to this measure, with their latest official outcome or action from Congress.gov.

No amendments are listed for this measure.

Checked against Congress.gov Oct 11, 2026.

Action timeline

Newest action first. Action language comes from the official Congress.gov record.

View full action timeline15 actions
  1. Received in the Senate and Read twice and referred to the Committee on the Judiciary.

    IntroReferralSenate
  2. Motion to reconsider laid on the table Agreed to without objection.

    FloorHouse floor actions
  3. On passage Passed by the Yeas and Nays: 217 - 204, 1 Present (Roll no. 27). (text: CR H335-336)

    FloorHouse floor actions
  4. Passed/agreed to in House: On passage Passed by the Yeas and Nays: 217 - 204, 1 Present (Roll no. 27). (text: CR H335-336)

    FloorLibrary of Congress
  5. On motion to recommit Failed by the Yeas and Nays: 205 - 216 (Roll no. 26).

    FloorHouse floor actions
  6. Considered as unfinished business. (consideration: CR H347-348)

    FloorHouse floor actions
  7. POSTPONED PROCEEDINGS - At the conclusion of debate on H.R. 21, the Chair put the question on the motion to recommit and by voice vote, announced that the noes had prevailed. Ms. Chu demanded the yeas and nays and the Chair postponed further proceedings until a time to be announced.

    FloorHouse floor actions
  8. The previous question on the motion to recommit was ordered pursuant to clause 2(b) of rule XIX.

    FloorHouse floor actions
  9. Ms. Chu moved to recommit to the Committee on the Judiciary. (text: CR H344-345)

    FloorHouse floor actions
  10. The previous question was ordered pursuant to the rule.

    FloorHouse floor actions
  11. DEBATE - The House proceeded with one hour of debate on H.R. 21.

    FloorHouse floor actions
  12. Considered under the provisions of rule H. Res. 5. (consideration: CR H335-345)

    FloorHouse floor actions
  13. Introduced in House

    IntroReferralLibrary of Congress
  14. Referred to the House Committee on the Judiciary.

    IntroReferralHouse floor actions
  15. Introduced in House

    IntroReferralLibrary of Congress

Roll-call votes

Recorded House and Senate votes connected to this bill. Your representatives appear first when available.

FailedJan 23, 2025House · Roll call 26

On Motion to Recommit

216 Nay205 Yea12 Not Voting
View 433 recorded positions
David ScottYea
Doug LaMalfaNay
Eric SwalwellYea
Frank J. MrvanNot Voting
Gerald E. ConnollyYea
J. Luis CorreaNot Voting
Joe WilsonNot Voting
John GaramendiNot Voting
Josh RileyNot Voting
Marjorie Taylor GreeneNay
Mark E. GreenNay
Mikie SherrillYea
Nancy PelosiNot Voting
Pramila JayapalNot Voting
Raúl M. GrijalvaNot Voting
Roger WilliamsNot Voting
Sheila Cherfilus-McCormickYea
Sylvester TurnerYea
Tony GonzalesNay
PassedJan 23, 2025House · Roll call 27

On Passage

217 Yea204 Nay11 Not Voting1 Present
View 433 recorded positions
David ScottNay
Doug LaMalfaYea
Eric SwalwellNay
Frank J. MrvanNot Voting
Gerald E. ConnollyNay
J. Luis CorreaNot Voting
Joe WilsonNot Voting
John GaramendiNot Voting
Josh RileyNot Voting
Marjorie Taylor GreeneYea
Mark E. GreenYea
Mikie SherrillNay
Nancy PelosiNot Voting
Pramila JayapalNot Voting
Raúl M. GrijalvaNot Voting
Roger WilliamsNot Voting
Sheila Cherfilus-McCormickNay
Sylvester TurnerNay
Tony GonzalesYea

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Sources: Congress.gov and official House and Senate vote records.

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Base metadata check pending · Civixly summary check pending · Action timeline checked Oct 11, 2026 · Sponsorship checked Oct 10, 2026 · Topics checked Oct 11, 2026 · Committees checked Oct 11, 2026 · Status checked Oct 11, 2026 · Related bills checked Oct 11, 2026.