Born-Alive Infants Protection Act

 

This measure was reintroduced in Congress (S. 1050, H.R. 2175) and was successfully attached to the Senate-passed Patients’ Bill of Rights (S. 1052) and to the House-passed Bipartisan Patient Protection Act (H.R. 2563).These health care reform bills await action in conference committee. H.R. 2175 also is pending on the House calendar.

Background: First introduced in 2000 (passed by the House but not taken up by the Senate), this measure defines the words “person,” “human being,” “child,” and “individual” to include “every infant member of the species homo sapiens who is born alive at any stage of development.” The term “born alive” is defined as “the complete expulsion or extraction” at any stage of development of the infant member who “breaths or has a beating heart, pulsation of the umbilical cord, or definite movement of voluntary muscles, regardless of whether the umbilical cord has been cut, and regardless of whether the expulsion or extraction occurs as a result of natural or induced labor, cesarean section, or induced abortion.” This legislation ensures that all infants who are born alive are treated as persons for purposes of federal law.

House: On June 14, 2001, Rep. Steve Chabot (R-OH) introduced the Born-Alive Infants Protection Act of 2001 (H.R. 2175). The bill has 105 cosponsors and was referred to the Judiciary Subcommittee on the Constitution. On July 12, a subcommittee hearing was held. Immediately the bill was marked up and approved. On July 24, the bill was marked up in full committee and approved, 25-yes, 2-no. On August 2, the bill was reported from committee (H. Rept. 107-186) and placed on the House calendar. The text of H.R. 2175 also was added to the Bipartisan Patient Protection Act (H.R. 2563) and was part of that bill as it passed the House on August 2. On September 6, H.R. 2563 was read the second time and placed on the Senate calendar.

Senate: On June 14, 2001, Sen. Rick Santorum (R-PA) also introduced the Born-Alive Infants Protection Act (S. 1050) into the Senate. This measure had six cosponsors and was referred to the Judiciary Committee. The Senate bill was attached as Senate Amendment 814 to the Patients’ Bill of Rights (S. 1052). On June 29, Senate Amendment 814 was approved, 98-yes, 0-no (Roll Call 208). Thereafter S. 1052 was approved.

Conference Committee: H.R. 2563 and S. 1052 await action in conference committee.

Status: The Born-Alive Infants Protection Act is a part of the health care reform bills (H.R. 2563 and S. 1052) that passed the House and Senate and await action in conference committee. H.R.

2175 has been placed on the House calendar.