Born-Alive Abortion Survivors Protection Act

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Bill ID: 119/hr/21
Last Updated: July 17, 2026

Sponsored by

Rep. Wagner, Ann [R-MO-2]

ID: W000812

Follow the money

The bill

Born-Alive Abortion Survivors Protection Act

HR. 21, 119th Congress — read as touching Hospitals & Health Systems.

The sponsor

Rep. Wagner, Ann [R-MO-2]

Every bill has someone who introduced it. That name is where the paper trail starts.

The money

$230,109 raised

24 itemised contributions to this sponsor, pulled from FEC filings.

The alignment

80% match to Project 2025

This bill's text tracks the "Introduction" section, p. 533-535 of the Mandate for Leadership.

Bill's Journey to Becoming a Law

Track this bill's progress through the legislative process

Latest Action

Received in the Senate and Read twice and referred to the Committee on the Judiciary.

January 23, 2025

Introduced

Committee Review

Floor Action

Passed House

Senate Review

📍 Current Status

Next: Both chambers must agree on the same version of the bill.

🎉

Passed Congress

🖊️

Presidential Action

⚖️

Became Law

📚 How does a bill become a law?

1. Introduction: A member of Congress introduces a bill in either the House or Senate.

2. Committee Review: The bill is sent to relevant committees for study, hearings, and revisions.

3. Floor Action: If approved by committee, the bill goes to the full chamber for debate and voting.

4. Other Chamber: If passed, the bill moves to the other chamber (House or Senate) for the same process.

5. Conference: If both chambers pass different versions, a conference committee reconciles the differences.

6. Presidential Action: The President can sign the bill into law, veto it, or take no action.

7. Became Law: If signed (or if Congress overrides a veto), the bill becomes law!

Bill Summary

Another brilliant example of legislative theater, courtesy of the 119th Congress. Let's dissect this farce, shall we?

**Main Purpose & Objectives:** The Born-Alive Abortion Survivors Protection Act (HR 21) claims to protect infants born alive after an abortion or attempted abortion by requiring healthcare practitioners to provide adequate care and report any violations. How noble. In reality, this bill is a thinly veiled attempt to restrict access to abortion services under the guise of "protecting" infants.

**Key Provisions & Changes to Existing Law:** The bill amends title 18 of the US Code by adding new requirements for healthcare practitioners in cases where an infant is born alive after an abortion or attempted abortion. These include exercising the same degree of care as they would for any other child born at the same gestational age and ensuring immediate hospital admission. Penalties for non-compliance include fines, imprisonment, and civil liability.

**Affected Parties & Stakeholders:** The usual suspects are involved in this charade:

* Healthcare practitioners and facilities providing abortion services * Women seeking abortions (who will likely face increased barriers to access) * Anti-abortion groups and lobbyists (who will claim victory for "protecting life") * Pro-choice advocates (who will decry the bill as an attack on reproductive rights)

**Potential Impact & Implications:** This bill is a Trojan horse for further restricting abortion access. By imposing additional requirements and penalties, it aims to intimidate healthcare providers into ceasing or limiting their abortion services. The real impact will be felt by women, particularly those in low-income communities or rural areas with limited access to reproductive healthcare.

Now, let's get to the root of this legislative disease:

* **Symptoms:** Restrictive abortion laws, increased barriers to access * **Diagnosis:** Politicians pandering to their base, attempting to restrict reproductive rights under the guise of "protecting life" * **Treatment:** Call out the hypocrisy, expose the true motivations behind this bill (i.e., restricting abortion access), and advocate for evidence-based policies that prioritize women's health and autonomy.

In conclusion, HR 21 is a masterclass in legislative sleight-of-hand. Behind the façade of "protecting life" lies a cynical attempt to restrict reproductive rights. It's time to call out this farce for what it is: a thinly veiled attack on women's healthcare.

Generated using Llama 3.1 70B (Dr. Haus personality)

💰 Campaign Finance Network

Rep. Wagner, Ann [R-MO-2]

Congress 119 • 2024 Election Cycle

Total Contributions
$230,109
22 donors
PACs
$0
Organizations
$5,809
Committees
$0
Individuals
$224,300

No PAC contributions found

1
OTOE MISSOURIA TRIBE
1 transaction
$3,300
2
DEMOCRACY ENGINE, INC., PAC
2 transactions
$2,500
3
WINRED
1 transaction
$9

No committee contributions found

1
SMITH, KENNETH
2 transactions
$26,400
2
WILHELM, MARK A MR.
1 transaction
$13,200
3
DRURY, TIM M.
1 transaction
$13,200
4
DANFORTH, JOHN C
1 transaction
$13,200
5
TRACY, RICHARD L. MR.
1 transaction
$13,200
6
RINEY, RODGER O. MR.
1 transaction
$13,200
7
O'CONNELL, JOHN T.
1 transaction
$13,200
8
GREWE, GARY
1 transaction
$13,200
9
HOLEKAMP, WILLIAM F
1 transaction
$13,200
10
NICHOLSON, PAM
1 transaction
$13,200
11
RATTS, VALERIE S
1 transaction
$13,200
12
HEBENSTREIT, JAMES B. MR.
1 transaction
$13,200
13
PFAUTCH, ROY MR.
1 transaction
$11,600
14
SCHULTE, STEVE
1 transaction
$7,900
15
SCHNUCK, CRAIG D
1 transaction
$6,800
16
BECKSTEAD, JOHN
1 transaction
$6,600
17
KAMPETER, MICHAEL
1 transaction
$6,600
18
QUALY, JOHN M.
1 transaction
$6,600
19
MURPHY, RICHARD
1 transaction
$6,600

Cosponsors & Their Campaign Finance

This bill has 10 cosponsors. Below are their top campaign contributors.

Rep. Scalise, Steve [R-LA-1]

ID: S001176

Top Contributors

10

1
AI ALTEP INVESTMENTS LLC
OrganizationNEW YORK, NY
$50,000
Mar 30, 2023
2
POARCH BAND OF CREEK INDIANS
OrganizationATMORE, AL
$3,300
Oct 25, 2024
3
TUNICA-BILOXI TRIBE OF LA
OrganizationMARKSVILLE, LA
$3,300
Mar 31, 2023
4
CHICKASAW NATION
OrganizationADA, OK
$3,300
Apr 11, 2023
5
COUSHATTA TRIVE OF LOUISIANA
OrganizationELTON, LA
$3,300
Jun 1, 2023
6
SHAKOPEE MDEWAKANTON SIOUX COMMUNITY
OrganizationPRIOR LAKE, MN
$3,300
May 17, 2024
7
MORONGO BAND OF MISSION INDIANS
OrganizationBANNING, CA
$3,300
Sep 25, 2023
8
TUNICA-BILOXI TRIBE OF LA
OrganizationMARKSVILLE, LA
$2,700
Jun 6, 2024
9
SAN MANUEL BANK OF MISSION INDIANS
OrganizationLOS ANGELES, CA
$2,300
Oct 21, 2024
10
SHAKOPEE MDEWAKANTON SIOUX COMMUNITY
OrganizationPRIOR LAKE, MN
$1,650
Jun 16, 2023

Rep. Cammack, Kat [R-FL-3]

ID: C001039

Top Contributors

10

1
PASS THE HAT
OrganizationATHENS, GA
$3,610
Jul 15, 2024
2
SEMINOLE TRIBE OF FLORIDA
OrganizationHOLLYWOOD, FL
$3,300
Aug 14, 2024
3
S & K BARRINGTON FARMS
OrganizationMAYO, FL
$600
Mar 31, 2024
4
83 FARMS, LLC
OrganizationBELL, FL
$283
Mar 31, 2023
5
RADIANT CREDIT UNION
OrganizationGAINESVILLE, FL
$250
Jun 30, 2023
6
ADOLFSSON, MARCUS
RETIRED
IndividualGULFPORT, FL
$6,600
Jun 30, 2023
7
KEMMERER, JOHN
KEMMERER MANAGEMENT CORPEXECUTIVE
IndividualJACKSON, WY
$6,600
Apr 18, 2023
8
KEMMERER, KAREN
NONERETIRED
IndividualJACKSON, WY
$6,600
May 11, 2023
9
HOROWITZ, BEN
ANDREESSEN HOROWITZANDREESSEN HOROWITZ
IndividualLAS VEGAS, NV
$6,600
Apr 11, 2024
10
GASTON, BILL FAYE
BUSINESS OWNER
IndividualGAINESVILLE, FL
$5,205
Feb 29, 2024

Rep. Clyde, Andrew S. [R-GA-9]

ID: C001116

Top Contributors

10

1
SYFAN, STEPHEN
SYFAN LOGISTICSEXEC VP
IndividualGAINESVILLE, GA
$6,600
May 31, 2024
2
SCOTT, ROBERT S.
RAC PROPERTIESREAL ESTATE
IndividualBOGART, GA
$6,600
Oct 11, 2024
3
FOWLER, CHARLES W. JR.
GLOBAL DEFENSE MGMTPRESIDENT
IndividualLONGWOOD, FL
$3,500
Oct 29, 2024
4
BECK, SAMUEL
BECK FUNERAL HOMEFUNERAL DIRECTOR
IndividualCLAYTON, GA
$3,300
Oct 24, 2024
5
HINMAN, ROY H
SELF EMPLOYEDPHYSICIAN
IndividualSAINT AUGUSTINE, FL
$3,300
Nov 5, 2024
6
FROST IV, EDWIN BRANT
SELF EMPLOYEDFINANCIAL SERVICES
IndividualNEWNAN, GA
$3,300
Dec 24, 2024
7
FROST, KRISTA
NONEHOMEMAKER
IndividualNEWNAN, GA
$3,300
Dec 24, 2024
8
ACTON, MICHAEL
SELF EMPLOYEDDEVELOPER
IndividualHOMER, GA
$3,300
Nov 7, 2023
9
JEPSON, JEFFREY
EVANS GENERAL CONTRACTORSCONSTRUCTION
IndividualPOOLER, GA
$3,300
Nov 19, 2023
10
MATHENY, DAVID
SILENCER SHOPOWNER
IndividualLEANDER, TX
$3,300
Nov 16, 2023

Rep. Kustoff, David [R-TN-8]

ID: K000392

Top Contributors

10

1
TENNESSEE SAFARI PARK
OrganizationALAMO, TN
$3,000
Aug 28, 2023
2
GERMAN FARMS
OrganizationSOMERVILLE, TN
$350
Aug 12, 2023
3
GROWING ACRES
OrganizationSAVANNAH, TN
$300
Aug 12, 2023
4
WALLY CHILDRESS FARMS
OrganizationBOGOTA, TN
$250
Aug 12, 2023
5
LONG, CHRISTOPHER MR.
SELFENTREPRENEUR
IndividualMEMPHIS, TN
$6,600
Nov 7, 2023
6
SMITH, STEFAN M. MR.
LEXUS OF MEMPHISAUTO DEALER
IndividualGERMANTOWN, TN
$6,600
Nov 7, 2023
7
AYERS, JANET MRS.
THE AYERS FOUNDATIONPRESIDENT
IndividualNASHVILLE, TN
$6,600
Jul 22, 2024
8
AYERS, JAMES W. MR.
FIRST BANKCHAIRMAN
IndividualNASHVILLE, TN
$6,600
Jul 24, 2024
9
WEISS, CATHY MRS.
HOMEMAKERHOMEMAKER
IndividualMEMPHIS, TN
$6,600
Mar 25, 2024
10
HASLAM, WILLIAM MR.
KNOXVILLE MUSEUM OF ARTMANAGER
IndividualKNOXVILLE, TN
$6,000
Oct 12, 2023

Rep. Thompson, Glenn [R-PA-15]

ID: T000467

Top Contributors

10

1
BUTLER MACHINE
OrganizationTULELAKE, CA
$3,300
Oct 15, 2024
2
CHOCTAW NATION OF OKLAHOMA
OrganizationDURANT, OK
$3,300
Oct 15, 2024
3
BUTLER MACHINE
OrganizationTULELAKE, CA
$3,300
Nov 13, 2024
4
CORTINA HULLING & SHELLING GROUP
OrganizationWILLIAMS, CA
$3,300
Nov 13, 2024
5
AG VENTURES
OrganizationELIZABETHTOWN, PA
$2,500
May 1, 2023
6
ROESLEIN ALTERNATIVE ENERGY, LLC
OrganizationST. LOUIS, MO
$2,000
May 18, 2023
7
RANCH 440
OrganizationMECCA, CA
$1,500
May 22, 2023
8
KOHL REAL ESTATE
OrganizationKITTANNING, PA
$1,000
Mar 11, 2024
9
DWIGHT STANSEL FARM & NURSERY
OrganizationWELLBORN, FL
$1,000
May 30, 2023
10
HIGHLINE GRAIN GROWERS INC
OrganizationDAVENPORT, WA
$1,000
Jun 13, 2023

Rep. Estes, Ron [R-KS-4]

ID: E000298

Top Contributors

10

1
MORONGO BAND OF MISSION INDIANS TRIBAL OPERATIONS ACCOUNT
OrganizationBANNING, CA
$2,300
Feb 27, 2024
2
SANTA YNEZ BAND OF MISSION INDIANS
OrganizationSANTA YNEZ, CA
$1,500
Mar 15, 2024
3
SANTA YNEZ BAND OF MISSION INDIANS
OrganizationSANTA YNEZ, CA
$1,000
Jun 30, 2023
4
MORONGO BAND OF MISSION INDIANS TRIBAL OPERATIONS ACCOUNT
OrganizationBANNING, CA
$1,000
Mar 31, 2023
5
WILLIS, THOMAS
CONESTOGA ENERGY PARTNERSCEO
IndividualLIBERAL, KS
$3,300
Nov 4, 2024
6
KLAUSMEYER, DON
KLAUSMEYER CONSTRUCTIONOWNER
IndividualCLEARWATER, KS
$3,300
Jul 31, 2023
7
LEE, JAMES
LEE AEROSPACE INC.OWNER
IndividualWICHITA, KS
$3,300
Sep 30, 2023
8
BEREN, ADAM
BEREXCOCEO AND PRESIDENT
IndividualWICHITA, KS
$3,300
Sep 29, 2023
9
BEREN, ADAM
BEREXCOCEO AND PRESIDENT
IndividualWICHITA, KS
$3,300
Sep 29, 2023
10
CHOUAKE, ESTHER
SELFPHYSICAN
IndividualENGLEWOOD, NJ
$3,300
Dec 16, 2023

Rep. Houchin, Erin [R-IN-9]

ID: H001093

Top Contributors

10

1
HABEMATOLEL POMO OF UPPER LAKE TRIBE OF CALIFORNIA
OrganizationUPPER LAKE, CA
$3,300
Aug 3, 2023
2
OTOE MISSOURIA TRIBE OF OKLAHOMA
OrganizationRED ROCK, OK
$3,300
Aug 3, 2023
3
TURTLE MOUNTAIN BAND OF CHIPPEWA OF NORTH DAKOTA
OrganizationBELCOURT, ND
$3,300
Aug 3, 2023
4
CHEROKEE NATION
OrganizationTAHLEQUAH, OK
$2,500
Dec 19, 2023
5
BANKE, BARBARA
JACKSON FAMILY FOUNDATIONEXECUTIVE
IndividualGEYSERVILLE, CA
$6,600
Dec 7, 2023
6
SCHWARZMAN, CHRISTINE
RETIREDRETIRED
IndividualNEW YORK, NY
$6,600
Mar 6, 2024
7
GRIFFIN, KENNETH
CITADEL LLCFOUNDER CEO
IndividualMIAMI BEACH, FL
$6,600
Apr 10, 2023
8
ROWAN, CAROLYN
CAROLYN ROWAN COLLECTION LLCEXECUTIVE
IndividualGREENWICH, CT
$6,600
Jun 28, 2023
9
ROWAN, MARC
APOLLO MANAGEMENT HOLDINGSEXECUTIVE
IndividualGREENWICH, CT
$6,600
Jun 28, 2023
10
KIESLER, DOUGLAS M MR.
KIESLER POLICE SUPPLY, INC.CEO
IndividualGREENVILLE, IN
$6,600
Feb 22, 2023

Rep. Finstad, Brad [R-MN-1]

ID: F000475

Top Contributors

10

1
SHAKOPEE MDEWAKANTON SIOUX COMMUNITY
COMPRIOR LAKE, MN
$3,300
May 29, 2024
2
PRAIRIE ISLAND TRIBAL COUNCIL
COMWELCH, MN
$2,500
Feb 15, 2023
3
REPUBLICAN MAINSTREET PARTNERSHIP PAC
PACWASHINGTON, DC
$1,000
Jul 28, 2023
4
WATONWAN COUNTY REPUBLICAN PARTY
COMSAINT JAMES, MN
$800
May 30, 2024
5
ANDERSON, ROLLIS H
ANDERSON TRUCKING SERVICECEO
IndividualSAINT CLOUD, MN
$13,200
Mar 20, 2024
6
KROLL, MARK W
RETIREDRETIRED
IndividualCRYSTAL BAY, MN
$13,200
Mar 31, 2023
7
SONNEK, KATHLEEN M
SELFWRITER
IndividualLAKE CRYSTAL, MN
$10,000
Sep 21, 2023
8
HALKYARD, JONATHAN
MGM RESORTSCFO
IndividualLAS VEGAS, NV
$9,423
Mar 26, 2024
9
KING, RUSSELL S
KING CAPITAL LLCCEO
IndividualMINNEAPOLIS, MN
$6,870
Dec 24, 2023
10
MILLER, HUGH L
RTP COMPANYPRESIDENT
IndividualWINONA, MN
$6,600
Mar 28, 2024

Rep. Strong, Dale W. [R-AL-5]

ID: S001220

Top Contributors

10

1
POARCH BAND OF CREEK INDIANS
OrganizationATMORE, AL
$3,300
Aug 2, 2024
2
THE CHICKASAW NATION
OrganizationADA, OK
$3,300
Jun 15, 2024
3
POARCH BAND OF CREEK INDIANS
OrganizationATMORE, AL
$3,300
Aug 2, 2023
4
THE CHICKASAW NATION
OrganizationADA, OK
$2,000
Jun 30, 2023
5
PECHANGA BAND OF INDIANS
OrganizationTEMECULA, CA
$1,000
Sep 29, 2023
6
JOHN PLUNK ATTORNEY PC
OrganizationATHENS, AL
$1,000
Nov 18, 2024
7
LEE, ARNOLD
SESIEXECUTIVE
IndividualSANTA ROSA BEACH, FL
$6,600
Sep 30, 2024
8
HINCHMAN, ROBERT
IGNITECEO
IndividualHUNTSVILLE, AL
$6,600
Feb 23, 2023
9
LIPTON, LEE
RETIREDRETIRED
IndividualLAKE WORTH, FL
$5,000
Apr 19, 2023
10
BENTLEY, PHILIP W. III
BENTLEY BUICK GMC CADILLACPRESIDENT
IndividualHUNTSVILLE, AL
$5,000
Sep 7, 2023

Rep. Feenstra, Randy [R-IA-4]

ID: F000446

Top Contributors

10

1
PROTECT OUR HERITAGE
OrganizationSKOKIE, IL
$5,000
Dec 1, 2023
2
SAC & FOX TRIBE OF THE MISSISSIPPI IN IOWA
OrganizationTAMA, IA
$2,500
Oct 31, 2024
3
MORONGO BAND OF MISSION INDIANS
OrganizationBANNING, CA
$1,000
Sep 11, 2023
4
SAC & FOX TRIBE OF THE MISSISSIPPI IN IOWA
OrganizationTAMA, IA
$1,000
Aug 4, 2023
5
BOGART ASSOCIATES, INC.
OrganizationALEXANDRIA, VA
$500
Apr 26, 2023
6
ANWAR, S JAVAID
MIDLAND ENERGY, INCCEO/PRESIDENT
IndividualMIDLAND, TX
$13,200
Feb 6, 2024
7
PARKER, SEAN
SEAN N PARKER FOUNDATIONCHAIRMAN
IndividualPALO ALTO, CA
$13,200
Mar 7, 2024
8
WELLS, MIKE
WELLS ENTERPRISESCEO
IndividualLE MARS, IA
$12,500
Mar 13, 2023
9
LAURIDSEN, NIXON
LGICHAIRMAN
IndividualANKENY, IA
$10,000
Dec 12, 2023
10
CROOKHAM, JOE
CEOCEO
IndividualOSKALOOSA, IA
$10,000
Mar 31, 2023

Donor Network - Rep. Wagner, Ann [R-MO-2]

PACs
Organizations
Individuals
Politicians

Hub layout: Politicians in center, donors arranged by type in rings around them.

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Showing 66 nodes and 39 connections (51 secondary connections hidden)

Total contributions: $324,469

Top Donors - Rep. Wagner, Ann [R-MO-2]

Showing top 22 donors by contribution amount

3 Orgs19 Individuals

Industry Impact

Which industries are materially affected by specific provisions in this bill. 3 harmed.

  • Section 3(a)(1)(B) requires health care practitioners to ensure that a child born alive after an abortion is immediately transported and admitted to a hospital, imposing operational and potential liability costs on hospitals and health systems.

  • Health Insuranceconfidence 0.85

    Section 3(d)(1) allows a woman on whom an abortion was performed to sue for civil remedies, including damages, which could increase litigation and costs for health insurers covering such claims.

  • Medical Devicesconfidence 0.70

    The bill's focus on abortion procedures and born-alive infants may affect medical device manufacturers involved in abortion-related equipment, though the connection is less direct.

Project 2025 Policy Matches

This bill shows semantic similarity to the following sections of the Project 2025 policy document.

Introduction

High79.7%
Pages: 533-535

— 501 — Department of Health and Human Services 54. U.S. Department of Health and Human Services, Centers for Medicare and Medicaid Services, Office of Civil Rights, and Office of the Secretary, “Special Responsibilities of Medicare Hospitals in Emergency Cases and Discrimination on the Basis of Disability in Critical Health and Human Service Programs or Activities,” draft of Proposed Rule, January 14, 2021, https://www.hhs.gov/sites/default/files/infants-nprm.pdf (accessed March 17, 2023). 55. H.R. 26, Born-Alive Abortion Survivors Protection Act, 118th Congress, introduced January 9, 2023, https:// www.congress.gov/118/bills/hr26/BILLS-118hr26pcs.pdf (accessed March 17, 2023). 56. H.R. 7, No Taxpayer Funding for Abortion and Abortion Insurance Full Disclosure Act of 2023, 118th Congress, introduced January 9, 2023, https://www.congress.gov/118/bills/hr7/BILLS-118hr7ih.pdf (accessed March 17, 2023). 57. S. 401, Conscience Protection Act of 2021, 117th Congress, introduced February 24, 2021, https://www.congress. gov/117/bills/s401/BILLS-117s401is.pdf (accessed March 17, 2023). 58. U.S. Department of Health and Human Services, Centers for Medicare and Medicaid Services, and Office of the Secretary, “Nondiscrimination in Health Programs and Activities,” Notice of Proposed Rulemaking; Notice of Tribal Consultation, Federal Register, Vol. 87, No. 149 (August 4, 2022), pp. 47824–47920, https://www.govinfo. gov/content/pkg/FR-2022-08-04/pdf/2022-16217.pdf (accessed March 17, 2023). 59. Ibid., p. 47916. 60. The regulation was not finalized before the end of the Administration. U.S. Department of Agriculture, Food and Nutrition Services, “Revision of Categorical Eligibility in the Supplemental Nutrition Assistance Program (SNAP),” Proposed Rule, Federal Register, Vol. 84, No. 142 (July 24, 2019), pp. 35570–55581, https:// www.federalregister.gov/documents/2019/07/24/2019-15670/revision-of-categorical-eligibility-in-the- supplemental-nutrition-assistance-program-snap (accessed March 17, 2023). 61. 45 Code of Federal Regulations § 75.300(c) and (d), https://www.ecfr.gov/current/title-45/subtitle-A/ subchapter-A/part-75/subpart-D/subject-group-ECFR911e5e1a30bfbcb/section-75.300 (accessed March 17, 2023). 62. H.R. 1750, Child Welfare Provider Inclusion Act of 2021, 117th Congress, introduced March 10, 2021, https:// www.congress.gov/117/bills/hr1750/BILLS-117hr1750ih.pdf (accessed March 17, 2023), and S. 656, Child Welfare Provider Inclusion Act of 2021, 117th Congress, introduced March 10, 2021, https://www.congress.gov/117/bills/ s656/BILLS-117s656is.pdf (accessed March 17, 2023). 63. S. 3949, Trafficking Victims Protection Reauthorization Act of 2022, Public Law No. 117-348, 117th Congress, January 25, 2023, https://www.congress.gov/117/plaws/publ348/PLAW-117publ348.pdf (accessed March 17, 2023). 64. Kelsey Y. Santamaria, “Child Migrants at the Border: The Flores Settlement Agreement and Other Legal Developments,” Congressional Research Service In Focus No. IF11799, April 1, 2021, https://crsreports.congress. gov/product/pdf/IF/IF11799 (accessed March 17, 2023). 65. Report, Building a Happy Home: Marriage Education as a Tool to Strengthen Families, Social Capital Project Report No. 1-22, March 2022, p. 17, https://www.jec.senate.gov/public/_cache/files/3d102525-6f0d-48ed- 92f4-d71edd468ad6/building-a-happy-home.pdf (accessed March 17, 2023). The cover of the report reflects that the Social Capital Project is “[a] project of the Joint Economic Committee – Republicans.” 66. See, for example, Alan J. Hawkins, “Are Federally Supported Relationship Education Programs for Lower-Income Individuals and Couples Working? A Review of Evaluation Research,” American Enterprise Institute, September 2019, https://www. congress.gov/117/plaws/publ228/PLAW-117publ228.pdf (accessed March 17, 2023). 67. H.R. 8404, Respect for Marriage Act, Public Law No. 117-228, 117th Congress, December 13, 2022, https://www. congress.gov/117/plaws/publ228/PLAW-117publ228.pdf (accessed March 17, 2023). 68. Madison Marino, “Over 1,000 Safety Violations Mar Head Start. Children Deserve Better,” Heritage Foundation Commentary, November 10, 2022, https://www.heritage.org/education/commentary/over-1000-safety- violations-mar-head-start-children-deserve-better. 69. American Hospital Association v. Becerra, 596 U.S. ___ (2022), https://www.supremecourt.gov/ opinions/21pdf/20-1114_09m1.pdf (accessed March 17, 2023). 70. U.S. Department of the Treasury, Internal Revenue Service; U.S. Department of Labor, Employee Benefits Security Administration; and U.S. Department of Health and Human Services, Centers for Medicare and Medicaid Services, “Coverage of Certain Preventive Services Under the Affordable Care Act,” Notice of Proposed Rulemaking, Federal Register, Vol. 88, No. 22 (February 2, 2023), pp. 7236–7281, https://www. govinfo.gov/content/pkg/FR-2023-02-02/pdf/2023-01981.pdf (accessed March 17, 2023). — 502 — Mandate for Leadership: The Conservative Promise 71. 42 U.S. Code § 238n, https://www.law.cornell.edu/uscode/text/42/238n (accessed March 17, 2023). 72. U.S. Department of Health and Human Services, Health Resources and Services Administration, “Early Childhood Health,” last reviewed October 2022, https://mchb.hrsa.gov/programs-impact/focus-areas/early- childhood-health (accessed March 17, 2023). 73. American Pregnancy Association, “Having a Doula—What Are the Benefits?” https://americanpregnancy. org/healthy-pregnancy/labor-and-birth/having-a-doula/#:~:text=Other%20studies%20have%20shown%20 that%20having%20a%20doula,massage%20to%20reduce%20stress%20and%20anxiety%20during%20labor (accessed March 17, 2023). 74. S. 2372, VA MISSION [Maintaining Internal Systems and Strengthening Integrated Outside Networks] Act of 2018, Public Law No. 115-182, 115th Congress, June 6, 2018, https://www.congress.gov/115/plaws/publ182/ PLAW-115publ182.pdf (accessed March 17, 2023). 75. U.S. Department of Health and Human Services, “Securing Updated and Necessary Statutory Evaluations Timely,” Final Rule, Federal Register, Vol. 86, No. 11 (January 19, 2021), pp. 5694–5764, https://www.govinfo. gov/content/pkg/FR-2021-01-19/pdf/2021-00597.pdf (accessed March 22, 2023). 76. U.S. Department of Health and Human Services, Office of the Secretary, Office of the Assistant Secretary for Health, “Compliance with Statutory Program Integrity Requirements,” Final Rule, Federal Register, Vol. 84, No. 42 (March 4, 2029), pp. 7714–7791, https://www.govinfo.gov/content/pkg/FR-2019-03-04/pdf/2019-03461.pdf (accessed March 18, 2023). 77. U.S. Department of Health and Human Services, Office of the Secretary, Office of the Assistant Secretary for Health, “Ensuring Access to Equitable, Affordable, Client-Centered, Quality Family Planning Services,” Final Rule, Federal Register, Vol. 86, No. 192 (October 7, 2021), pp. 56144–56180, https://www.govinfo.gov/content/ pkg/FR-2021-10-07/pdf/2021-21542.pdf (accessed March 18, 2023). 78. S. 624, Title X Abortion Provider Prohibition Act, 118th Congress, introduced March 2, 2023, https://www. congress.gov/118/bills/s624/BILLS-118s624is.pdf (accessed March 18, 2023). 79. 50 U.S. Code Chapter 55, https://www.law.cornell.edu/uscode/text/50/chapter-55 (accessed March 22, 2023). 80. 18 U.S. Code § 13, https://www.law.cornell.edu/uscode/text/18/13 (accessed March 18, 2023). 81. Bowen v. American Hospital Association, 476 U.S. 610 (1986), https://tile.loc.gov/storage-services/service/ll/ usrep/usrep476/usrep476610/usrep476610.pdf (accessed 22, 2023). 82. U.S. Department of Health and Human Services, Office of the Secretary, “Notification of Interpretation and Enforcement of Section 1557 of the Affordable Care Act and Title IX of the Education Amendments of 1972,” Federal Register, Vol. 86, No. 99 (May 25, 2021), pp. 27984–27985, https://www.govinfo.gov/content/pkg/FR- 2021-05-25/pdf/2021-10477.pdf (accessed March 18, 2023). 83. U.S. Department of Health and Human Services, Office for Civil Rights, “HHS Notice and Guidance on Gender Affirming Care, Civil Rights, and Patient Privacy,” March 2, 2022, https://www.hhs.gov/sites/default/files/hhs- ocr-notice-and-guidance-gender-affirming-care.pdf (accessed March 18, 2023). 84. Heckler v. Chaney, 420 U.S. 821 (1985), https://caselaw.findlaw.com/us-supreme-court/470/821.html (accessed March 18, 2022). 85. U.S. Department of Health and Human Services, Office for Civil Rights, “Guidance to Nation’s Retail Pharmacies: Obligations Under Federal Civil Rights Laws to Ensure Access to Comprehensive Reproductive Health Care Services,” content last reviewed July 14, 2022, https://www.hhs.gov/civil-rights/for-individuals/ special-topics/reproductive-healthcare/pharmacies-guidance/index.html (accessed March 18, 2023). 86. H.R. 3103, “Health Insurance and Portability and Accountability Act of 1996, Public Law No. 104-191, 104th Congress, August 21, 1996, https://www.congress.gov/104/plaws/publ191/PLAW-104publ191.pdf (accessed March 18, 2023). 87. U.S. Department of Human Services, “HIPAA Privacy Rule and Disclosures of Information Relating to Reproductive Health Care,” content last reviewed June 29, 2022, (accessed March 18, 2023). See also “Protecting the Privacy and Security of Your Health Information When Using Your Personal Cell Phone or Tablet,” content last reviewed June 29, 2022, https://www.hhs.gov/hipaa/for-professionals/privacy/guidance/ cell-phone-hipaa/index.html (accessed March 18, 2023).

Introduction

Moderate66.3%
Pages: 530-532

— 497 — Department of Health and Human Services l OCR should withdraw its Health Insurance Portability and Accountability Act (HIPAA)86 guidance on abortion. OCR should withdraw its June 2022 guidance87 that purports to address patient privacy concerns following the Dobbs decision but is actually a politicized statement in favor of abortion and against Dobbs. HIPAA covers patients in the womb, but this guidance treats them as nonpersons contrary to law. The guidance is unnecessary and contributes to ideologically motivated fearmongering about abortion after Dobbs. AUTHOR’S NOTE: The preparation of this chapter was a collective enterprise of selfless individuals involved in the 2025 Presidential Transition Project. All contributors to this chapter are listed at the front of this volume and include former officials in the U.S. Department of Health and Human Services and other agencies, as well as academics, attorneys, and experts in the health care and insurance fields. — 498 — Mandate for Leadership: The Conservative Promise ENDNOTES 1. U.S. Department of Health and Human Services, Strategic Plan, FY 2018–2022, p. 50, https://aspe.hhs.gov/ sites/default/files/documents/feac346aca967bfadc446398679e14ec/hhs-strategic-plan-fy-2018-2022.pdf (accessed February 7, 2023). 2. “Strategic Goal 1: Protect and Strengthen Equitable Access to High Quality and Affordable Healthcare” in ibid. “In the context of HHS, this Strategic Plan adopts the definition of underserved communities listed in Executive Order 13985: Advancing Racial Equity and Support for Underserved Communities through the Federal Government to refer to ‘populations sharing a particular characteristic, as well as geographic communities, who have been systematically denied a full opportunity to participate in aspects of economic, social, and civic life’; this definition includes individuals who belong to underserved communities that have been denied such treatment, such as Black, Latino, and Indigenous and Native American persons, Asian Americans and Pacific Islanders and other persons of color; members of religious minorities; lesbian, gay, bisexual, transgender, and queer (LGBTQ+) persons; persons with disabilities; persons who live in rural areas; and persons otherwise adversely affected by persistent poverty or inequality. Individuals may belong to more than one underserved community and face intersecting barriers. This definition applies to the terms underserved communities and underserved populations throughout this Strategic Plan.” Ibid. Emphasis in original. 3. Karen Weintraub, “Americans’ Life Expectancy Continues to Fall, Erasing Health Gains of the Last Quarter Century,” USA Today, December 22, 2022, https://www.usatoday.com/story/news/health/2022/12/22/us-life- expectancy-continues-fall-erasing-25-years-health-gains/10937418002/ (accessed February 6, 2023). 4. Apoorva Mandavilli, “The C.D.C. Isn’t Publishing Large Portions of the Data It Collects,” The New York Times, updated February 22, 2022, https://www.congress.gov/117/meeting/house/114450/documents/HHRG-117- IF02-20220302-SD004.pdf (accessed March 22, 2023). 5. Zachary B. Sluzala and Edmund F. Haislmaier, “Lessons from COVID-19: How Policymakers Should Reform the Regulation of Clinical Testing,” Heritage Foundation Backgrounder No. 3696, March 28, 2022, https://www. heritage.org/public-health/report/lessons-covid-19-how-policymakers-should-reform-the-regulation-clinical. 6. U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, “Centers for Disease Control and Prevention (C),” https://www.cdc.gov/maso/pdf/cdcmiss.pdf (March 16, 2023). 7. Judith Garber, “CDC ‘Disclaimers’ Hide Financial Conflicts of Interest,” Lown Institute Accountability Blog, November 6, 2019, https://lowninstitute.org/cdc-disclaimers-hide-financial-conflicts-of-interest/ (accessed February 6, 2023). See also U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, “CDC Foundation Active Programs (October 1, 2014–September 30, 2015),” https://www. cdcfoundation.org/sites/default/files/upload/pdf/CDCFoundation-ActivePrograms-FY2015.pdf (accessed February 7, 2023); “CDC Active Programs (October 1, 2015–September 30, 2016),” https://www.cdcfoundation. org/sites/default/files/upload/pdf/CDCFoundation-ActivePrograms-FY2016.pdf (accessed February 7, 2023); “CDC Foundation Active Programs (October 1, 2016–September 30, 2017),” https://www.cdcfoundation.org/ sites/default/files/upload/pdf/CDCFoundation-ActivePrograms-FY2017.pdf (accessed February 7, 2023); “CDC Foundation Active Programs (October 1, 2017–September 30, 2018),” https://www.cdcfoundation.org/sites/default/ files/upload/pdf/CDCFoundation-ActivePrograms-FY2018.pdf (accessed February 7, 2023); “CDC Foundation Active Programs, October 1, 2018–September 30, 2019,” https://www.cdcfoundation.org/sites/default/files/upload/ pdf/CDCFoundation-ActivePrograms-FY2019.pdf (accessed February 7, 2023); “CDC Foundation Active Programs, October 1, 2029–September 30, 2020,” https://www.cdcfoundation.org/CDCF-ActivePrograms-CDC-FY20?inline (accessed February 7, 2023); and “CDC Foundation Active Programs, October 1, 2020–September 30, 2021,” https://www.cdcfoundation.org/CDCF-ActivePrograms-CDC-FY21?inline (accessed February 7, 2023). 8. Joel White and Doug Badger, “In Order to Defeat COVID-19, the Federal Government Must Modernize Its Public Health Data,” Heritage Foundation Backgrounder No. 3527, September 3, 2020, https://www.heritage. org/sites/default/files/2020-09/BG3527_0.pdf. 9. S. 15, Ensuring Accurate and Complete Abortion Data Reporting Act of 2023, 118th Congress, introduced January 23, 2023, https://www.congress.gov/118/bills/s15/BILLS-118s15is.pdf (accessed March 22, 2023), and H.R. 632, Ensuring Accurate and Complete Abortion Data Reporting Act of 2023, 118th Congress, introduced January 30, 2023, https://www.congress.gov/118/bills/hr632/BILLS-118hr632ih.pdf (accessed March 22, 2023). 10. Doug Badger, “How Congress Can Make Real Progress on Drug Prices,” Heritage Foundation Issue Brief No. 5016, December 9, 2019, https://www.heritage.org/sites/default/files/2019-12/IB5016_1.pdf.

Introduction

Moderate66.2%
Pages: 506-508

— 474 — Mandate for Leadership: The Conservative Promise no abortions, preempts no pro-life state laws, and explicitly requires stabilization of the unborn child. HHS should rescind the guidance and end CMS and state agency investigations into cases of alleged refusals to perform abortions. DOJ should agree to eliminate existing injunctions against pro-life states, withdraw its enforcement lawsuits, and in lawsuits against CMS on the guidance agree to injunctions against CMS and withdraw appeals of injunctions. l Reissue a stronger transgender national coverage determination. CMS should repromulgate its 2016 decision that CMS could not issue a National Coverage Determination (NCD) regarding “gender reassignment surgery” for Medicare beneficiaries. In doing so, CMS should acknowledge the growing body of evidence that such interventions are dangerous and acknowledge that there is insufficient scientific evidence to support such coverage in state plans. l Enforce EMTALA. The undeniable reality of abortion is that it does do not always result in a dead baby, and these born-alive babies are left to die. HHS should use EMTALA and Section 504 of the Rehabilitation Act,53 which prohibits disability discrimination, to investigate instances of infants born alive and left untreated in covered hospitals. CMS, OCR, and OIG should be required to follow through on these investigations with specific enforcement actions. HHS should revive a Trump Administration proposed regulation, “Special Responsibilities of Medicare Hospitals in Emergency Cases and Discrimination on the Basis of Disability in Critical Health and Human Service Programs or Activities,”54 to achieve this end. In addition, Congress should pass the Born-Alive Abortion Survivors Protection Act55 to require that proper medical care be given to infants who survive an abortion and to establish criminal consequences for practitioners who fail to provide such care. l Permanently codify both the Hyde family of amendments and the protections provided by the Weldon Amendment. Congress can accomplish this through legislation such as the No Taxpayer Funding for Abortion and Abortion Insurance Full Disclosure Act56 (Hyde) and the Conscience Protection Act57 (Weldon). — 475 — Department of Health and Human Services Radical Redefinition of Sex. On August 4, 2022, HHS published a proposed rule entitled “Nondiscrimination in Health Programs and Activities.”58 This rule addresses nondiscrimination provisions of the Affordable Care Act, known as Section 1557, which is enforced by the Office for Civil Rights and the Centers for Medicare and Medicaid Services. Section 1557 prohibits discrimination on the basis of race, color, national origin, age, disability, and sex in covered health programs or activities. Under the proposed rule, sex is redefined: “Discrimination on the basis of sex includes, but is not limited to, discrimination on the basis of sex stereotypes; sex characteristics, including intersex traits; pregnancy or related conditions; sexual orientation; and gender identity.”59 In other words, the department proposes to interpret Section 1557 as if it created special privileges for new classes of people, defined in ways that are highly ideological and unscientific. The redefinition of sex to cover gender identity and sexual orientation and pregnancy to cover abortion should be reversed in all HHS and CMS programs as was done under the Trump Administration. This includes the Children’s Health Insurance Program (CHIP). Low-income families who rely on CHIP should not be coerced, pressured, or otherwise encouraged to embrace this ideologically moti- vated sexualization of their children. However, while the Biden Administration’s Section 1557 regulation should be altered and corrected, the lactation room requirements added in the regulation should either be consistently included in any upcoming Section 1557 rulemaking or be proposed in a new individual rule. COVID-19 Vaccination and Mask Requirements. Health care workers were praised for their self-sacrifice in caring for sick patients at the beginning of the COVID-19 pandemic, but then they were fired if they objected to receiving COVID- 19 vaccines with or without complying with onerous masking requirements and regardless of whether they already had the virus and had gained natural immunity. With the disease being endemic and constantly mutating, vaccines and univer- sal masking in health care facilities do not have appreciable benefits in reducing COVID-19 transmission throughout the community. Moreover, more recent COVID strains pose fewer health risks than the earlier strains, and the pandemic has been declared to be at an end. CMS should: l Announce nonenforcement of the Biden Administration’s COVID-19 vaccination mandate on Medicaid and Medicare hospitals. l Revoke corresponding guidance and regulations. l Refrain from imposing general COVID-19 mask mandates on health care facilities or personnel.

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Policy matches are calculated using semantic similarity between bill summaries and Project 2025 policy text. A score of 60% or higher indicates meaningful thematic overlap. This does not imply direct causation or intent, but highlights areas where legislation aligns with Project 2025 policy objectives.

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