United States 119th Congress Status: In Committee 50 R cosponsors

S 6 — Born-Alive Abortion Survivors Protection Act

Last action — Cloture on the motion to proceed to the measure not invoked in Senate by Yea-Nay Vote. 52 - 47. Record Vote Number: 11. (CR S294-295)

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill is in committee in the Senate. Introduced January 15, 2025. It must pass committee before a floor vote.

Next likely step: a committee vote, then a floor vote in the Senate.

Prognosis

Stalled 14% · moderate confidence

Where this bill stands today.

Odds of enactment

Low

How often bills like it became law.

  • In Committee

    Current position in the legislative process.

  • 50 sponsors

    1 primary, 49 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (50 R).

  • Failed a recorded vote

    Failed 1 recorded vote so far — a real headwind.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Born-Alive Abortion Survivors Protection ActThis 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.

Bill Text

  • Placed on Calendar Senate View text Current html January 16, 2025

How this bill changes current law

13 changes Share ↗

Compared against current U.S. Code AI-generated reading aid — verify against the official bill.

The bill adds new requirements and legal penalties for health care practitioners regarding the care of children born alive after an abortion or attempted abortion.

  • 18 U.S.C. § 1532

    Sec. 1532. Requirements pertaining to born-alive abortion survivors

    Introduces a new section that outlines requirements for care of born-alive abortion survivors.

  • 18 U.S.C. § 1532(a)(1)(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

    Mandates that health care practitioners provide the same level of care to a child born alive after an abortion as they would for any other newborn.

  • 18 U.S.C. § 1532(a)(1)(B)

    ensure that the child born alive is immediately transported and admitted to a hospital

    Requires immediate transport and admission to a hospital for any child born alive following an abortion.

  • 18 U.S.C. § 1532(a)(2)

    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.

    Imposes a reporting requirement on health care practitioners and relevant employees regarding violations of the care requirements.

  • 18 U.S.C. § 1532(b)(1)

    Whoever violates subsection (a) shall be fined under this title, imprisoned for not more than 5 years, or both.

    Establishes legal penalties for failing to adhere to the care requirements for born-alive abortion survivors.

  • 18 U.S.C. § 1532(b)(2)

    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.

    Increases penalties for intentional acts leading to the death of a child born alive after an abortion.

  • 18 U.S.C. § 1532(c)

    The mother of a child born alive described under subsection (a) may not be prosecuted for a violation of this section

    Prevents the prosecution of mothers in connection with the care of children born alive following an abortion.

  • 18 U.S.C. § 1532(d)

    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.

    Allows women to sue for damages if their child born alive after an abortion does not receive the required care.

  • 18 U.S.C. § 1532(d)(2)(B)

    statutory damages equal to 3 times the cost of the abortion or attempted abortion

    Mandates statutory damages for violations that occur in conjunction with a child born alive.

  • 18 U.S.C. § 1532(d)(3)

    The court shall award a reasonable attorney's fee to a prevailing plaintiff in a civil action under this subsection.

    Ensures that plaintiffs who win civil suits can recover attorney fees.

  • 18 U.S.C. § 1532(e)(3)

    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')

    Clarifies the definition of 'born alive' by referencing existing law on the matter.

  • 18 U.S.C. § 74

    PARTIAL-BIRTH ABORTIONS → ABORTIONS

    Changes the chapter heading to remove focus on 'partial-birth abortions' and broaden it to 'abortions'.

  • 18 U.S.C. § 74

    74. Partial-Birth Abortions.............................................. 1531 → 74. Abortion.............................................. 1531

    Amends the table of chapters to reflect a new focus on abortion in general.

Action History

  1. Motion to proceed to measure considered in Senate. (CR S283)

  2. Cloture on the motion to proceed to the measure not invoked in Senate by Yea-Nay Vote. 52 - 47. Record Vote Number: 11. (CR S294-295)

  3. Motion to proceed to measure considered in Senate. (CR S275-276)

  4. Motion to proceed to consideration of measure made in Senate. (CR S258)

  5. Cloture motion on the motion to proceed to the measure presented in Senate. (CR S258)

  6. Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 4.

  7. Introduced in Senate

  8. Introduced in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.

Sponsors

Sponsorship breakdown

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1 sponsors · 49 co-sponsors · 497 not signed on · 43 voted No

Sponsors (1)

Co-sponsors (49)

Not signed on (497)

497 members have not signed on to this bill.

Show all 497 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

On Cloture on the Motion to Proceed S. 6

Failed 52 Yea · 47 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 04100
Republican 51001
Unaffiliated 1400
Independent 0200
Total 524701
% of votes cast 52%47%0%1%
How each member voted (100)
Member Party Vote
Blunt Rochester (D-DE) — Nay
Cortez Masto (D-NV) — Nay
Lujan (D-NM) — Nay
Mullin (R-OK) — Yea
Van Hollen (D-MD) — Nay
Alsobrooks, Angela D. Democratic Nay
Baldwin, Tammy Democratic Nay
Bennet, Michael F. Democratic Nay
Blumenthal, Richard Democratic Nay
Booker, Cory A. Democratic Nay
Cantwell, Maria Democratic Nay
Coons, Christopher A. Democratic Nay
Duckworth, Tammy Democratic Nay
Durbin, Richard J. Democratic Nay
Fetterman, John Democratic Nay
Gallego, Ruben Democratic Nay
Gillibrand, Kirsten E. Democratic Nay
Hassan, Margaret Wood Democratic Nay
Heinrich, Martin Democratic Nay
Hickenlooper, John W. Democratic Nay
Hirono, Mazie K. Democratic Nay
Kaine, Tim Democratic Nay
Kelly, Mark Democratic Nay
Kim, Andy Democratic Nay
Klobuchar, Amy Democratic Nay
Markey, Edward J. Democratic Nay
Merkley, Jeff Democratic Nay
Murphy, Christopher Democratic Nay
Murray, Patty Democratic Nay
Ossoff, Jon Democratic Nay
Padilla, Alex Democratic Nay
Peters, Gary C. Democratic Nay
Reed, Jack Democratic Nay
Rosen, Jacky Democratic Nay
Schatz, Brian Democratic Nay
Schiff, Adam B. Democratic Nay
Schumer, Charles E. Democratic Nay
Shaheen, Jeanne Democratic Nay
Slotkin, Elissa Democratic Nay
Smith, Tina Democratic Nay
Warner, Mark R. Democratic Nay
Warnock, Raphael G. Democratic Nay
Warren, Elizabeth Democratic Nay
Welch, Peter Democratic Nay
Whitehouse, Sheldon Democratic Nay
Wyden, Ron Democratic Nay
King, Angus S., Jr. Independent Nay
Sanders, Bernard Independent Nay
Banks, Jim Republican Yea
Barrasso, John Republican Yea
Blackburn, Marsha Republican Yea
Boozman, John Republican Yea
Britt, Katie Boyd Republican Yea
Budd, Ted Republican Yea
Capito, Shelley Moore Republican Yea
Cassidy, Bill Republican Yea
Collins, Susan M. Republican Yea
Cornyn, John Republican Yea
Cotton, Tom Republican Yea
Cramer, Kevin Republican Yea
Crapo, Mike Republican Yea
Cruz, Ted Republican Yea
Curtis, John R. Republican Yea
Daines, Steve Republican Yea
Ernst, Joni Republican Yea
Fischer, Deb Republican Yea
Graham, Lindsey Republican Yea
Grassley, Chuck Republican Yea
Hagerty, Bill Republican Not Voting
Hawley, Josh Republican Yea
Hoeven, John Republican Yea
Husted, Jon Republican Yea
Hyde-Smith, Cindy Republican Yea
Johnson, Ron Republican Yea
Justice, James C. Republican Yea
Kennedy, John Republican Yea
Lankford, James Republican Yea
Lee, Mike Republican Yea
Lummis, Cynthia M. Republican Yea
Marshall, Roger Republican Yea
McConnell, Mitch Republican Yea
McCormick, David Republican Yea
Moody, Ashley Republican Yea
Moran, Jerry Republican Yea
Moreno, Bernie Republican Yea
Murkowski, Lisa Republican Yea
Paul, Rand Republican Yea
Ricketts, Pete Republican Yea
Risch, James E. Republican Yea
Rounds, Mike Republican Yea
Schmitt, Eric Republican Yea
Scott, Rick Republican Yea
Scott, Tim Republican Yea
Sheehy, Tim Republican Yea
Sullivan, Dan Republican Yea
Thune, John Republican Yea
Tillis, Thomas Republican Yea
Tuberville, Tommy Republican Yea
Wicker, Roger F. Republican Yea
Young, Todd Republican Yea

Subjects

public-safety civil-rights healthcare
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Frequently asked questions

What does S 6 do?
Born-Alive Abortion Survivors Protection ActThis 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.
Who sponsors S 6?
S 6 is sponsored by Lankford, James (Republican), Banks, Jim (Republican), Thune, John (Republican), Hyde-Smith, Cindy (Republican), Risch, James E. (Republican), Lummis, Cynthia M. (Republican), Britt, Katie Boyd (Republican), McConnell, Mitch (Republican), Wicker, Roger F. (Republican), Blackburn, Marsha (Republican), Crapo, Mike (Republican), Fischer, Deb (Republican), Grassley, Chuck (Republican), Hoeven, John (Republican), Marshall, Roger (Republican), Tillis, Thomas (Republican), Budd, Ted (Republican), Scott, Tim (Republican), Johnson, Ron (Republican), Sheehy, Tim (Republican), Tuberville, Tommy (Republican), Hagerty, Bill (Republican), Curtis, John R. (Republican), Young, Todd (Republican), Ricketts, Pete (Republican), Cramer, Kevin (Republican), Barrasso, John (Republican), Kennedy, John (Republican), Cornyn, John (Republican), Cassidy, Bill (Republican), Rounds, Mike (Republican), Ernst, Joni (Republican), Scott, Rick (Republican), Daines, Steve (Republican), Mullin, Markwayne (Republican), Graham, Lindsey (Republican), Cruz, Ted (Republican), Schmitt, Eric (Republican), Lee, Mike (Republican), Sullivan, Dan (Republican), Moran, Jerry (Republican), Cotton, Tom (Republican), Hawley, Josh (Republican), McCormick, David (Republican), Boozman, John (Republican), Moreno, Bernie (Republican), Capito, Shelley Moore (Republican), Moody, Ashley (Republican), Paul, Rand (Republican), and Justice, James C. (Republican).
What is the current status of S 6?
This bill is in committee in the Senate. Introduced January 15, 2025. It must pass committee before a floor vote.
Where can I track S 6?
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