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118th Congress Crime and Law Enforcement

H.R. 26: Born-Alive Abortion Survivors Protection Act

Passed HouseJan 11, 2023

  1. Introduced (completed)Jan 9, 2023
  2. Passed House (completed)Jan 11, 2023, 220–210
  3. Passed Senate (not reached)
  4. To the President (not reached)
  5. Became law (not reached)

Summary

Passed House, Jan 11, 2023

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.

Read the full summary

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.

Written by the Congressional Research Service, Library of Congress.

Key votes

House final vote, Jan 11, 2023

On Passage

Passed 220–210

Yea 220majority 216Nay 210

  • Democrats1 yea, 210 nay
  • Republicans218 yea, 0 nay
  • Independents1 yea, 0 nay

Broke with their party: Henry Cuellar (D-TX) voted Yea

See how all 431 members voted

Showing 434 of 434 members

Yea 220

Republicans (218)

Democrats (1) broke with their party

Independents (1)

Nay 210

Democrats (210)

Present 1

Democrats (1)

Not voting 3

Republicans (3)

Senate

Not yet voted

Passed the House Jan 11, 2023. Awaiting Senate action.

Roll calls

2 votes on this bill

Showing 2 of 2 roll calls

  • Jan 11, 2023HouseOn PassageFinal passagePassed, yea-nay 220–210
    Roll call 29 tally by party
    PartyYeaNayPresentNot voting
    Democrats121010
    Republicans218003
    Independents1000
    Total22021013

    House roll call 29: On Passage. Passed.

    1 crossed party lines: 1 Democrat

    How each member voted (434)
  • Jan 11, 2023HouseMotion to recommitFailed, yea-nay 212–219
    Roll call 28 tally by party
    PartyYeaNayPresentNot voting
    Democrats212000
    Republicans021803
    Independents0100
    Total21221903

    House roll call 28: On Motion to Recommit. Failed.

    How each member voted (434)

Amendments

0 offered

No amendments were offered to this bill.

Cosponsors

166

Who scored on this bill

718 points earned
  1. 1Ann Wagner R-MO SponsorReached a cosponsor milestone, introduced, passed House5 events+48
  2. 2Henry Cuellar D-TX1 maverick vote1 event+6
  3. 3Robert Aderholt R-ALCosponsored; cosponsored bill passed2 events+4
  4. 3Mark Alford R-MOCosponsored; cosponsored bill passed2 events+4
  5. 3Rick Allen R-GACosponsored; cosponsored bill passed2 events+4
See all scorers and every scoring event

Introductions and cosponsorships count toward weekly caps and show no points.

Other bills by Ann Wagner

History

  1. Jan 11, 2023Passed the House, 220–210.
  2. Jan 9, 2023Introduced in the House by Ann Wagner.
Show the full action history (15 actions)
  1. Jan 25, 2023Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 2.
  2. Jan 23, 2023Received in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
  3. Jan 11, 2023Considered under the provisions of rule H. Res. 5. (consideration: CR H178-190)
  4. Jan 11, 2023DEBATE - The House proceeded with one hour of debate on H.R. 26.
  5. Jan 11, 2023The previous question was ordered pursuant to the rule.
  6. Jan 11, 2023Ms. DeGette moved to recommit to the Committee on the Judiciary. (text: CR H187-190)
  7. Jan 11, 2023The previous question on the motion to recommit was ordered pursuant to clause 2(b) of rule XIX.
  8. Jan 11, 2023POSTPONED PROCEEDINGS - At the conclusion of debate on H.R. 26, the Chair put the question on passage of the motion to recommit and by voice vote, announced that the nays had prevailed. Ms. DeGette demanded the yeas and nays and the Chair postponed further proceedings until a time to be announced.
  9. Jan 11, 2023Considered as unfinished business. (consideration: CR H190-191)
  10. Jan 11, 2023On motion to recommit Failed by the Yeas and Nays: 212 - 219 (Roll no. 28).
  11. Jan 11, 2023Passed/agreed to in House: On passage Passed by the Yeas and Nays: 220 - 210, 1 Present (Roll no. 29). (text: CR H178)
  12. Jan 11, 2023On passage Passed by the Yeas and Nays: 220 - 210, 1 Present (Roll no. 29). (text: CR H178)
  13. Jan 11, 2023Motion to reconsider laid on the table Agreed to without objection.
  14. Jan 9, 2023Introduced in House
  15. Jan 9, 2023Referred to the House Committee on the Judiciary.