skip to main content

H.R. 4712: Born-Alive Abortion Survivors Protection Act

Jan 19, 2018 at 11:26 a.m. ET. On Passage of the Bill in the House.

This was a vote to pass H.R. 4712 (115th) in the House.

H.R. 4712 establishes requirements for health care practitioners to exercise the proper degree of care in the case of a child who survives an abortion or attempted abortion. Specifically, the bill:

  • Requires health care practitioners present at the time a child is born alive during an abortion or attempted abortion to exercise the same degree of care to preserve the life and health of the child as any health care practitioner would provide to a child born alive at the same gestational age;
  • Requires that children born alive during an abortion or attempted abortion be transported and admitted to a hospital immediately following the administration of emergency care;
  • Requires any health care practitioner, or employee of a hospital, physician’s office, or abortion clinic to immediately report violations of bill requirements to appropriate state or federal law enforcement agencies, or both;
  • Provides fines and/or imprisonment of not more than five years for violations of the requirements established by the bill, but in the case of an intentional killing of a child born alive, a violator can be charged with first degree murder;
  • Prevents the prosecution of women of children born alive for violations of bill requirements;
  • Provides a civil right of action by a woman on whom an abortion is performed or attempted against any person committing a violation of bill requirements. Such relief includes objectively verifiable monetary damages, statutory damages equal to three times the cost of the abortion or attempted abortion, and punitive damages; and
  • Allows for the award of attorney fees for plaintiffs prevailing in civil actions for violations or for defendants if the court finds that the plaintiff’s suit was frivolous.

Source: Republican Policy Committee

Totals

All Votes R D
Yea 57%
 
 
241
235
 
6
 
Nay 43%
 
 
183
0
 
183
 
Not Voting
 
 
6
2
 
4
 

Passed. Simple Majority Required. Source: house.gov.

Ideology Vote Chart

Key:
Republican - Yea Democrat - Yea Democrat - Nay
Seat position based on our ideology score.

Cartogram Map

Each hexagon represents one congressional district. Solid hexes are Yea votes.

What you can do

Vote Details

Notes: The Speaker’s Vote? “Aye” or “Yea”?
Download as CSV

Statistically Notable Votes

Statistically notable votes are the votes that are most surprising, or least predictable, given how other members of each voter’s party voted and other factors.

All Votes

Study Guide

How well do you understand this vote? Use this study guide to find out.

You can find answers to most of the questions below here on the vote page. For a guide to understanding the bill this vote was about, see here.

What was the procedure for this vote?

  1. What was this vote on?
  2. Not all votes are meant to pass legislation. In the Senate some votes are not about legislation at all, since the Senate must vote to confirm presidential nominations to certain federal positions.

    This vote is related to a bill. However, that doesn’t necessarily tell you what it is about. Congress makes many decisions in the process of passing legislation, such as on the procedures for debating the bill, whether to change the bill before voting on passage, and even whether to vote on passage at all.

    You can learn more about the various motions used in Congress at EveryCRSReport.com. If you aren’t sure what the House was voting on, try seeing if it’s on this list.

  3. What is the next step after this vote?
  4. Take a look at where this bill is in the legislative process. What might come next? Keep in mind what this specific vote was on, and the context of the bill. Will there be amendments? Will the other chamber of Congress vote on it, or let it die?

    For this question it may help to briefly examine the bill itself.

What is your analysis of this vote?

  1. What trends do you see in this vote?
  2. Members of Congress side together for many reasons beside being in the same political party, especially so for less prominent legislation or legislation specific to a certain region. What might have determined how the roll call came out in this case? Does it look like Members of Congress voted based on party, geography, or some other reason?

    One tool that will be helpful in answering this question is the cartogram at the top of the page. A cartogram is a stylized map of the United States that shows each district as an identical hexagon. This view allows you to see the how the representatives from each district voted arranged by their geography and colored by their political party. What trends can you see in the cartogram for this vote?

  3. How did your representative vote?
  4. There is one vote here that should be more important to you than all the others. These are the votes cast by your representative, which is meant to represent you and your community. Do you agree with how your representative voted? Why do you think they voted the way they did?

    If you don’t already know who your Members of Congress are you can find them by entering your address here.

Each vote’s study guide is a little different — we automatically choose which questions to include based on the information we have available about the vote. Study guides are a new feature to GovTrack. You can help us improve them by filling out this survey or by sending your feedback to hello@govtrack.us.