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HR26: Born-Alive Abortion Survivors Protection Act (118th Congress)
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HR26: Born-Alive Abortion Survivors Protection Act

118th Congress (2023–2025) · House bill · Sponsor: Rep. Wagner, Ann [R-MO-2]

This page covers HR26 in the 118th Congress. Bill numbers start over every Congress, so HR26 in another Congress is a different bill. Other bills numbered HR26 are listed below.


Key facts

Item Detail
Roll-call votes 2
Chamber House
Latest vote 2023-01-11: Passed
Latest action 2023-01-25: Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 2.
Policy area Crime and Law Enforcement
Official record Congress.gov

What the 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.

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


Roll-call votes on HR26 (118th Congress)

Every recorded vote on this bill, newest first, with a link to the official tally. Member-by-member positions are on each member’s profile.

Date Chamber Question Result Yea Nay Not voting Record
2023-01-11 House Yea-and-Nay Passed 181 177 4 Official tally
2023-01-11 House Yea-and-Nay Failed 179 180 3 Official tally

Other bills numbered HR26

HR26 in the 119th Congress (2025–2027): Protecting American Energy Production Act
HR26 in the 114th Congress (2015–2017): Terrorism Risk Insurance Program Reauthorization Act of 2015


Frequently asked

What is HR26 in the 118th Congress?

HR26 (Born-Alive Abortion Survivors Protection Act) was introduced in the 118th Congress (2023–2025) by Rep. Wagner, Ann [R-MO-2].

What is the latest action on HR26?

On 2023-01-25: Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 2.

How many roll-call votes were held on HR26?

2 recorded votes in the 118th Congress. The most recent, on 2023-01-11, was "Yea-and-Nay": Passed.

Is this the same bill as HR26 in other Congresses?

No. Bill numbers restart each Congress. HR26 was also used in the 119th, 114th Congress for different legislation.