,i #aaith ,,congress #ast ,session ,h4 ,r4 #ba ,,in ,,the ,,house ,,of ,,representatives ,january #c1 #bjbe,mrs4 ,wagner 7for herself1 ,mr4 ,scalise1 and ,mrs4 ,cammack7 introduced the following bill2 which was referred to the ,committee on the ,judiciary ,a ,,bill ,to amend title #ah1 ,united ,states ,code1 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 abortion4 #a4 ,short title ,this ,act may be cited as the ,born-,alive ,abortion ,survivors ,protection ,act4 #b4 ,findings2 constitutional authority 7a7 ,findings ,congress finds as follows3 7#a7 ,if an abortion results in the live birth of an infant1 the infant is a legal person for all purposes under the laws of the ,united ,states1 and entitled to all the protections of such laws4 7#b7 ,any infant born alive after an abortion or within a hospital1 clinic1 or other facility has the same claim to the protection of the law that would arise for any newborn1 or for any person who comes to a hospital1 clinic1 or other facility for screening and treatment or otherwise becomes a patient within its care4 7b7 ,constitutional authority ,in accordance with the above findings1 ,congress enacts the following pursuant to ,congress' power under-- 7#a7 section #e of the #adth ,amendment1 including the power to enforce the prohibition on government action denying equal protection of the laws2 and 7#b7 section #h of article ,i to make all laws necessary and proper for carrying into execution the powers vested by the ,constitution of the ,united ,states1 including the power to regulate commerce under clause #c of such section4 #c4 ,born-alive infants protection 7a7 ,requirements pertaining to born-,alive abortion survivors ,chapter #gd of title #ah1 ,united ,states ,code1 is amended by inserting after section #aeca the following3 #aecb4 ,requirements pertaining to born-alive abortion survivors 7a7 ,requirements for health care practitioners ,in the case of an abortion or attempted abortion that results in a child born alive 7as defined in section #h of title #a1 ,united ,states ,code 7commonly known as the ,born-,alive ,infants ,protection ,act773 7#a7 ,degree of care required2 immediate admission to a hospital ,any health care practitioner present at the time the child is born alive shall-- 7,a7 exercise the same degree of professional skill1 care1 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 age2 and 7,b7 following the exercise of skill1 care1 and diligence required under subparagraph 7,a71 ensure that the child born alive is immediately transported and admitted to a hospital4 7#b7 ,mandatory reporting of violations ,a health care practitioner or any employee of a hospital1 a physician's office1 or an abortion clinic who has knowledge of a failure to comply with the requirements of paragraph 7#a7 shall immediately report the failure to an appropriate ,state or ,federal law enforcement agency1 or to both4 7b7 ,penalties 7#a7 ,in general ,whoever violates subsection 7a7 shall be fined under this title or imprisoned for not more than #e years1 or both4 7#b7 ,intentional killing of child born alive ,whoever intentionally performs or attempts to perform an overt act that kills a child born alive described under subsection 7a71 shall be punished as under section #aaaa of this title for intentionally killing or attempting to kill a human being4 7c7 ,bar to prosecution ,the mother of a child born alive described under subsection 7a7 may not be prosecuted under this section1 for conspiracy to violate this section1 or for an offense under section #c or #d of this title based on such a violation4 7d7 ,civil remedies 7#a7 ,civil action by a woman on whom an abortion is performed ,if a child is born alive and there is a violation of subsection 7a71 the woman upon whom the abortion was performed or attempted may1 in a civil action against any person who committed the violation1 obtain appropriate relief4 7#b7 ,appropriate relief ,appropriate relief in a civil action under this subsection includes-- 7,a7 objectively verifiable money damage for all injuries1 psychological and physical1 occasioned by the violation of subsection 7a72 7,b7 statutory damages equal to #c times the cost of the abortion or attempted abortion2 and 7,c7 punitive damages4 7#c7 ,attorney's fee for plaintiff ,the court shall award a reasonable attorney's fee to a prevailing plaintiff in a civil action under this subsection4 7#d7 ,attorney's fee for defendant ,if a defendant in a civil action under this subsection prevails and the court finds that the plaintiff's suit was frivolous1 the court shall award a reasonable attorney's fee in favor of the defendant against the plaintiff4 7e7 ,definitions ,in this section the following definitions apply3 7#a7 ,abortion ,the term abortion means the use or prescription of any instrument1 medicine1 drug1 or any other substance or device-- 7,a7 to intentionally kill the unborn child of a woman known to be pregnant2 or 7,b7 to intentionally terminate the pregnancy of a woman known to be pregnant1 with an intention other than-- 7i7 after viability1 to produce a live birth and preserve the life and health of the child born alive2 or 7ii7 to remove a dead unborn child4 7#b7 ,attempt ,the term attempt1 with respect to an abortion1 means conduct that1 under the circumstances as the actor believes them to be1 constitutes a substantial step in a course of conduct planned to culminate in performing an abortion4 4 7b7 ,clerical amendment ,the table of sections for chapter #gd of title #ah1 ,united ,states ,code1 is amended by inserting after the item pertaining to section #aeca the following3 #aecb4 ,requirements pertaining to born-alive abortion survivors4 4 7c7 ,chapter heading amendments 7#a7 ,chapter heading in chapter ,the chapter heading for chapter #gd of title #ah1 ,united ,states ,code1 is amended by striking ,partial-,birth ,abortions and inserting ,abortions4 7#b7 ,table of chapters for part ,i ,the item relating to chapter #gd in the table of chapters at the beginning of part ,i of title #ah1 ,united ,states ,code1 is amended by striking ,partial-,birth ,abortions and inserting ,abortions4