Timeline on the federal Born-Alive Infants Protection Act


106th Congress: 1999-2000

April 13, 2000: Born-Alive Infants Protection Act of 2000 (H.R. 4292) first introduced in the U.S. House of Representatives.

July 20, 2000: U.S. House of Representatives’ Judiciary Committee’s Subcommittee on the Constitution held Hearings on H.R 4292 (Witnesses: Hadley Arkes, Edward Ney Professor of Jurisprudence and American Institutions, Amherst College; Allison Baker, Charlottesville, VA; Watson A. Bowes, Jr., M.D., Professor Emeritus, Department of Obstetrics and Gynecology, University of North Carolina at Chapel Hill School of Medicine; Gerard V. Bradley, professor of law, Notre Dame Law School; F. Sessions Cole, M.D., Professor of Pediatrics and Cell Biology and Physiology, Washington University School of Medicine, St. Louis, MO; Robert P. George, McCormick Professor of Jurisprudence, Department of Politics, Princeton University; Matthew G. Hile, research associate professor, University of Missouri-Columbia Medical School; Gianna Jessen, Franklin, TN; Hon. Stephanie Tubbs Jones, a Representative in Congress from the State of Ohio; Jill L. Stanek, Mokena, IL; and Kenneth Thomas, legislative attorney, American Law Division, Congressional Research Service, The Library of Congress).

July 20, 2000: NARAL issued press release strongly opposing H.R. 4292, the Born-Alive Infants Protection Act. NARAL characterized the bill as an assault on “the basic tenets of Roe v. Wade,” asserting, “The Act would effectively grant legal personhood to a pre-viable fetus — in direct conflict with Roe . . . In proposing this bill, anti-choice lawmakers are seeking to ascribe rights to fetuses ‘at any stage of development,’ thereby directly contradicting one of Roe’s basic tenets.” [http://www.nrlc.org/uploads/bornaliveinfants/NARALonlive-born.pdf]

July 21, 2000: House Judiciary Committee’s Subcommittee on the Constitution discharged H.R. 4292.

July 26, 2000: House Judiciary Committee Consideration and Mark-up of H.R. 4292; ordered to be reported by the yeas and nays: 22-1.

September 11, 2000: H.R. 4292 reported by the House Judiciary Committee, H. Rept. 106-835. [http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=106_cong_reports&docid=f:hr835.106.pdf]

September 26, 2000: U.S. House of Representatives agreed to suspend the rules and pass H.R. 4292 by a vote of 380-15 (Roll Call No. 495).

September 27, 2000: H.R. 4292 received in the U.S. Senate; Born-Alive Infants Protection Act of 2000 (S. 3127) introduced in the U.S. Senate.

October 13, 2000: A request for unanimous consent to proceed to consideration of H.R. 4292 was made, and objection was heard. [See Congressional Record, October 13, 2000 (S10526)].

 

107th Congress: 2001-2002

June 13, 2001: NARAL issued statement: “Consistent with our position last year [sic], NARAL does not oppose passage of the Born Alive Infants Protection Act. Last year’s committee and floor debate served to clarify the bill’s intent and assure us that it is not targeted at Roe v. Wade or a woman’s right to choose.”

June 14, 2001: Born-Alive Infants Protection Act of 2001 introduced in the U.S. House of Representatives (H.R. 2175) and Born Alive Infants Protection Act introduced in the U.S. Senate (S. 1050). The bill contained a new “neutrality clause” that reiterated that the bill had no effect on the legal status of a human prior to being “born alive. The new language stated: “Nothing in this section shall be construed to affirm, deny, expand, or contract any legal status or legal right applicable to any member of the species homo sapiens at any point prior to being ‘born alive’ as defined in this section.” [H.R. 2175 as introduced can be found at http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=107_cong_bills&docid=f:h2175ih.txt.pdf]

June 29, 2001: The Santorum Amendment (S. Amdt. 814) incorporating the BAIPA was offered to S. 1052 (an unrelated bill) and adopted 98-0 (Roll Call No. 208). The Santorum Amendment contained the text of H.R. 2175/S.1050, including the new clause reiterating that the bill did not affect the legal status of a human prior to being “born alive,” which read: “Nothing in this section shall be construed to affirm, deny, expand, or contract any legal status or legal right applicable to any member of the species homo sapiens at any point prior to being born alive as defined in this section.” During floor consideration, Senator Edward Kennedy said “I am going to urge the Senate to accept the amendment tomorrow.” Senator Barbara Boxer said “[w]e join with an ‘aye’ vote on this” and “hope it will, in fact, be unanimous. ” [For the floor consideration and vote, see Congressional Record, June 28, 2001 (S7062-S7064) and June 29, 2001 (S7127-S7128). The roll call vote can be found at http://www.senate.gov/legislative/LIS/roll_call_lists/roll_call_vote_cfm.cfm?congress=107&session=1&vote=00208].

July 12, 2001: House Judiciary Committee’s Subcommittee on the Constitution held a hearing on H.R. 2175 (Witnesses: Mr. Hadley Arkes, Edward Ney Professor of Jurisprudence and American Institutions, Amherst College; Ms. Jill L. Stanek, Mokena, IL; and Mr. Watson A. Bowes, MD, Professor Emeritus, Dept. of Obstetrics and Gynecology, University of North Carolina at Chapel Hill School of Medicine), held mark-up session, and forwarded bill to the full committee by voice vote.

July 24, 2001: House Judiciary Committee held mark-up session on H.R. 2175 and ordered the bill to be reported by the yeas and nays: 25-2.

August 2, 2001: H.R. 2175 reported by the House Judiciary Committee, H. Rept. 107-186. [http://www.nrlc.org/uploads/bornaliveinfantsBAIPA_%202001_HJC_report.pdf]

March 12, 2002: U.S. House of Representatives agreed by voice vote to suspend the rules and pass H.R. 2175. [For the floor consideration and voice vote, see Congressional Record, March 12, 2002 (H792-H797 and H816-H817)].

March 13, 2002: H.R. 2175 received in the U.S. Senate.

July 18, 2002: H.R. 2175 passed the U.S. Senate without amendment by unanimous consent [See Congressional Record, July 18, 2002 (S7084)].

August 5, 2002: H.R. 2175 signed by President and became Public Law No. 107-207. [http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=107_cong_public_laws&docid=f:publ207.107.pdf]

For more detailed documents, see the NRLC archive on the Born-Alive Infants Protection Act: http://www.nrlc.org/federal/bornaliveinfants