H.R. 21 · 119th Congress

Born-Alive Abortion Survivors Protection Act

Introduced on Jan 3, 2025 by Ann Wagner (R-MO-2). 163 cosponsors, all from the sponsor's party. Latest action (Jan 24, 2025): Received in the Senate and Read twice and referred to the Committee on the Judiciary.

Stage
Passed one chamber
Introduced
Jan 3, 2025
Cosponsors
163
0 from the other party
Policy area
Crime and Law Enforcement
Open in the Congress explorerCongress.govAlert me

Progress

The furthest stage the measure reached. Simple and concurrent resolutions do not go to the President.

  1. Introduced
  2. Reported by committee
  3. Passed one chamber
  4. 4Passed both chambers
  5. 5Sent to the President
  6. 6Became law

Official title

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.

Subjects

  • Abortion
  • Civil actions and liability
  • Criminal investigation, prosecution, interrogation
  • Health personnel
  • Legal fees and court costs
  • Medical ethics
  • Violent crime

Summary

By the Congressional Research Service (Introduced in House, Jan 3, 2025). Public domain.

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.

Sponsor and cosponsors

Cosponsors by party as of the day they signed on. Original cosponsors signed on the day of introduction.

Ann WagnerR-MO-2Sponsor

Republicans · 163

Roll calls

Recorded votes on the measure. Most measures move by voice vote or unanimous consent, which record no individual positions.

  1. On Motion to Recommit
    Jan 23, 2025· House· Procedural· Failed 205–216
  2. On Passage
    Jan 23, 2025· House· Passage· Passed 217–204

History

Every action as published, oldest first. Roll calls link to how each member voted.

  1. Jan 3, 2025Introduced in House
  2. Jan 3, 2025Introduced in House
  3. Jan 3, 2025 · HouseReferred to the House Committee on the Judiciary.
  4. Jan 23, 2025 · HouseConsidered under the provisions of rule H. Res. 5. (consideration: CR H335-345)
  5. Jan 23, 2025 · HouseDEBATE - The House proceeded with one hour of debate on H.R. 21.
  6. Jan 23, 2025 · HouseThe previous question was ordered pursuant to the rule.
  7. Jan 23, 2025 · HouseMs. Chu moved to recommit to the Committee on the Judiciary. (text: CR H344-345)
  8. Jan 23, 2025 · HouseThe previous question on the motion to recommit was ordered pursuant to clause 2(b) of rule XIX.
  9. Jan 23, 2025 · HousePOSTPONED 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.
  10. Jan 23, 2025 · HouseConsidered as unfinished business. (consideration: CR H347-348)
  11. Jan 23, 2025 · HouseOn motion to recommit Failed by the Yeas and Nays: 205 - 216 (Roll no. 26).House · Roll call 26
  12. Jan 23, 2025Passed/agreed to in House: On passage Passed by the Yeas and Nays: 217 - 204, 1 Present (Roll no. 27). (text: CR H335-336)House · Roll call 27
  13. Jan 23, 2025 · HouseOn passage Passed by the Yeas and Nays: 217 - 204, 1 Present (Roll no. 27). (text: CR H335-336)House · Roll call 27
  14. Jan 23, 2025 · HouseMotion to reconsider laid on the table Agreed to without objection.
  15. Jan 24, 2025 · SenateReceived in the Senate and Read twice and referred to the Committee on the Judiciary.

Committees

Committees and subcommittees the measure was referred to.

Agencies in its committees' jurisdiction

Analisa's mapping of committee jurisdiction to federal agencies; the bill may touch others, or none of these.

Who lobbied on it

Organizations whose lobbying reports (LD-2) name this measure. Spending is what they reported for those quarters on all issues, not on this measure alone.

  1. American Academy of Family Physicians6 reports
    $5.5M reported (all issues)Federal contractor: AMERICAN ACADEMY OF FAMILY PHYSICIANSAI match · 99%
  2. Power to Decide5 reports
    $108K reported (all issues)
  3. AMERICAN PSYCHIATRIC ASSOCIATION4 reports
    $1M reported (all issues)Federal contractor: AMERICAN PSYCHIATRIC ASSOCIATION$645K in contracts, FY2026AI match · 100%
  4. National Council of Jewish Women4 reports
    $40K reported (all issues)
  5. STUDENTS FOR LIFE ACTION4 reports
  6. American Public Health Association3 reports
    $82.8K reported (all issues)Federal contractor: AMERICAN PUBLIC HEALTH ASSOCIATIONAI match · 100%
  7. Susan B Anthony List2 reports
    $1.1M reported (all issues)
  8. ALLIANCE DEFENDING FREEDOM1 report
    $40K reported (all issues)
  9. American Academy of Pediatrics1 report
    $380K reported (all issues)Federal contractor: AMERICAN ACADEMY OF PEDIATRICS$442.6K in contracts, FY2026AI match · 100%
  10. American College of Obstetricians and Gynecologists1 report
    $660K reported (all issues)
  11. American Medical Association1 report
    $8M reported (all issues)Federal contractor: AMERICAN MEDICAL ASSOCIATION$371K in contracts, FY2026AI match · 99%
  12. American Society of Hematology1 report
    $30K reported (all issues)
  13. CENTER FOR REPRODUCTIVE RIGHTS1 report
    $90K reported (all issues)
  14. Concerned Women for America Legislative Action Committee1 report
    $13K reported (all issues)
  15. GUTTMACHER INSTITUTE1 report
    $10K reported (all issues)
  16. HADASSAH, THE WOMEN'S ZIONIST ORGANIZATION OF AMERICA, INC.1 report
    $60K reported (all issues)
  17. Heritage Action for America1 report
    $100K reported (all issues)
  18. Leadership Conference on Civil and Human Rights1 report
    $660K reported (all issues)
  19. National Taxpayers Union1 report
    $30K reported (all issues)
  20. PLANNED PARENTHOOD ACTION FUND INC.1 report
    $9,717 reported (all issues)
  21. Planned Parenthood Federation of America, Inc.1 report
    $109.5K reported (all issues)
  22. REPRODUCTIVE FREEDOM FOR ALL1 report
    $50K reported (all issues)
  23. Service Employees International Union CTW-CLC1 report
    $286K reported (all issues)
  24. The National Campaign to Prevent Teen and Unplanned Pregnancy1 report
    $36.1K reported (all issues)

Reports filed in 2025, 2026.

Sources and method

Every figure on this page traces to these records.

  • Bill status: bills and resolutions, sponsors, actions, subjects and CRS summaries (U.S. Government Publishing Office (GovInfo), from Congress.gov (Library of Congress))GovInfo Bill Status bulk data (Congress.gov; summaries by the Congressional Research Service) · data current to Oct 3, 2026 · loaded Oct 3, 2026 · license: Public domain (U.S. Government work, 17 U.S.C. § 105)
  • Members of Congress, their terms, committees and identifiers (The @unitedstates project (from the Biographical Directory of the U.S. Congress, the House and the Senate))unitedstates/congress-legislators: legislators, committees and current committee membership · data current to Oct 3, 2026 · loaded Oct 3, 2026 · license: CC0 1.0 (public domain dedication)
  • House roll-call votes (Office of the Clerk, U.S. House of Representatives)Office of the Clerk, U.S. House of Representatives, roll-call vote records · data current to Oct 3, 2026 · loaded Oct 3, 2026 · license: Public domain (U.S. Government work, 17 U.S.C. § 105)
  • Senate roll-call votes and DW-NOMINATE scores (Voteview (UCLA Department of Political Science))Lewis, Jeffrey B., Keith Poole, Howard Rosenthal, Adam Boche, Aaron Rudkin, and Luke Sonnet (2026). Voteview: Congressional Roll-Call Votes Database. https://voteview.com/ · data current to Oct 3, 2026 · loaded Oct 3, 2026 · license: Free to use with the required citation
  • Lobbying disclosures (LD-1 registrations, LD-2 quarterly reports, LD-203 contribution reports) (Clerk of the U.S. House of Representatives)Clerk of the House, Lobbying Disclosure Act filings (organizations only; lobbyists' names are not loaded) · data current to Oct 5, 2026 · loaded Oct 5, 2026 · license: Public domain (U.S. Government work, 17 U.S.C. § 105)
  • Positions are shown only where a roll call recorded them; voice votes and unanimous consent record none.
  • Money and votes are shown side by side; neither explains the other.