HR 36 · 115th Congress 2017–2019, ended

Pain-Capable Unborn Child Protection Act

Latest action · Oct 4, 2017 Received in the Senate and Read twice and referred to the Committee on the Judiciary.

Progress

Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.

  1. IntroducedJan 3, 2017
  2. Passed HouseOct 3, 2017
  3. Passed SenateNot reached
  4. To the PresidentNot reached
  5. Became lawNot reached

Summary

(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)

Pain-Capable Unborn Child Protection Act

(Sec. 3) This bill amends the federal criminal code to make it a crime for any person to perform or attempt to perform an abortion if the probable post-fertilization age of the fetus is 20 weeks or more.

A violator is subject to criminal penalties—a fine, up to five years in prison, or both.

The bill provides exceptions for an abortion: (1) that is necessary to save the life of the pregnant woman, or (2) when the pregnancy is the result of rape or incest. A physician who performs or attempts to perform an abortion under an exception must comply with specified requirements.

A woman who undergoes a prohibited abortion may not be prosecuted for violating or conspiring to violate the provisions of this bill.

A woman who undergoes an abortion or attempted abortion may file a civil action for damages against an individual who violates the provisions of this bill.

Recorded votes 2

Newest first. Open one to see how every member voted.

Roll callQuestionResultDate
House 549Passed237–189Oct 3, 2017
House 548Failed187–238Oct 3, 2017

Cosponsors 182

Members who signed on, in the order they did. Signatures ran from Jan 10, 2017 to Oct 2, 2017.

SeatCosponsorSigned on
R-WVAlexander X. MooneyJan 10, 2017
R-MDAndy HarrisJan 10, 2017
R-MOAnn WagnerJan 10, 2017
R-TXBill FloresJan 10, 2017
R-MIBill HuizengaJan 10, 2017
R-OHBill JohnsonJan 10, 2017
R-MOBlaine LuetkemeyerJan 10, 2017
R-TXBlake FarentholdJan 10, 2017
R-OHBob GibbsJan 10, 2017
R-VABob GoodlatteJan 10, 2017
R-OHBrad R. WenstrupJan 10, 2017
R-ALBradley ByrneJan 10, 2017
R-KYBrett GuthrieJan 10, 2017
R-NJChristopher H. SmithJan 10, 2017
R-OHDavid P. JoyceJan 10, 2017

Committees 2

Where it was sent and what each committee and subcommittee did with it, in order.

ChamberCommitteeWhat it did
HouseJudiciary Committee
Referred Jan 3, 2017
Constitution and Limited Government Subcommittee
Referred Jan 12, 2017
SenateJudiciary Committee
Referred Oct 4, 2017

Actions 16

Everything that happened, newest first.

  1. Oct 4, 2017Received in the Senate and Read twice and referred to the Committee on the Judiciary.
  2. Oct 3, 2017Rule H. Res. 548 passed House.
  3. Oct 3, 2017Considered under the provisions of rule H. Res. 548. (consideration: CR H7712-7728)
  4. Oct 3, 2017Rule provides for consideration of H.R. 36 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Bill is closed to amendments.
  5. Oct 3, 2017DEBATE - The House proceeded with one hour of debate on H.R. 36.

In the Congressional Record 10

Days the Record’s own index lists this bill, newest first, with the pages and the members it names. Pages starting H are the House, S the Senate, E Extensions of Remarks.

WhereIn the RecordMembersDate
HouseDebate and remarks H572, H575Claudia Tenney R-NY, Steve King R-IAJan 19, 2018
HouseDebate and remarks H480Glenn Thompson R-PAJan 18, 2018
HouseDebate and remarks H464–H466, H468Evan H. Jenkins R-WV, Garret Graves R-LA, Jim Banks R-IN, Lloyd Smucker R-PAJan 17, 2018
HouseDebate and remarks H8430Jody B. Hice R-GA, Ken Buck R-CONov 2, 2017
HouseDebate and remarks H7884Thomas A. Garrett, Jr. R-VAOct 5, 2017
HouseDebate and remarks H7757, H7762, H7764Anthony G. Brown D-MD, Raul R. Labrador R-ID, Trent Franks R-AZOct 4, 2017
HouseDebate and remarks H7681, H7683, H7684, H7685, H7686–H7694, H7712–H7729Text printed H7686, H7713–H7715Amendments H7692Motions H7725Recorded votes H7693, H7694, H7726, H7727Brownley motion to recommit (ensure the right of women to terminate a pregnancy after 20 weeks if health is at risk)consideration (H. Res. 548), previous questionenactA. Donald McEachin D-VA, Alma S. Adams D-NC, Ann Wagner R-MO, Anna G. Eshoo D-CA, Barbara Lee D-CA, Bob Goodlatte R-VA, Bonnie Watson Coleman D-NJ, Bradley Scott Schneider D-IL, Brenda L. Lawrence D-MI, Brian Babin R-TX, Brian J. Mast R-FL, Carolyn B. Maloney D-NY, Cathy McMorris Rodgers R-WA, Christopher H. Smith R-NJ, Claudia Tenney R-NY, Daniel T. Kildee D-MI, Darin LaHood R-IL, David P. Roe R-TN, Diana DeGette D-CO, Diane Black R-TN, Doug Collins R-GA, Doug Lamborn R-CO, Eleanor Holmes Norton D-DC, Eliot L. Engel D-NY, Gwen Moore D-WI, Jackie Speier D-CA, Jamie Raskin D-MD, Janice D. Schakowsky D-IL, Jeff Fortenberry R-NE, Jerrold Nadler D-NY, Jodey C. Arrington R-TX, Joe Wilson R-SC, John Conyers, Jr. D-MI, Judy Chu D-CA, Julia Brownley D-CA (motion), Karen C. Handel R-GA, Katherine M. Clark D-MA, Keith J. Rothfus R-PA, Kevin McCarthy R-CA, Liz Cheney R-WY, Lois Frankel D-FL, Louise McIntosh Slaughter D-NY (amendment), Luke Messer R-IN, Mark Walker R-NC, Marsha Blackburn R-TN, Martha Roby R-AL, Mia B. Love R-UT, Mike Johnson R-LA, Mike Kelly R-PA, Neal P. Dunn R-FL, Nydia M. Velázquez D-NY, Paul D. Ryan R-WI, Paul Mitchell I-MI, Pramila Jayapal D-WA, Ralph Lee Abraham R-LA, Randy Hultgren R-IL, Randy K. Weber, Sr. R-TX, Raul Ruiz D-CA, Rick W. Allen R-GA, Robert B. Aderholt R-AL, Robert Pittenger R-NC, Roger Marshall R-KS, Ron Estes R-KS, Rosa L. DeLauro D-CT, Salud O. Carbajal D-CA, Sheila Jackson Lee D-TX, Steve Cohen D-TN, Steve King R-IA, Suzan K. DelBene D-WA, Suzanne Bonamici D-OR, Ted Budd R-NC, Theodore E. Deutch D-FL, Trent Franks R-AZ, Vicky Hartzler R-MO, Virginia Foxx R-NCOct 3, 2017
HouseDebate and remarks H7653, H7654–H7660Declaratory Statements H7673Andy Biggs R-AZ, Brian Babin R-TX, Christopher H. Smith R-NJ, Evan H. Jenkins R-WV, Jim Banks R-IN, John J. Duncan, Jr. R-TN, Keith J. Rothfus R-PA, Kristi L. Noem R-SD, Mike Johnson R-LA, Ralph Norman R-SC, Steve King R-IA, Tim Walberg R-MI, Trent Franks R-AZ, Vicky Hartzler R-MOOct 2, 2017
HouseDebate and remarks H7616Kevin McCarthy R-CASep 28, 2017
HouseDebate and remarks H4904Mark Walker R-NC, Trent Franks R-AZJun 13, 2017

Research

What has been written about this bill: committee reports, cost estimates, the sponsor’s authority statement, printed hearings and the Congressional Research Service’s work.

Congressional Budget Office cost estimate

  1. Oct 3, 2017H.R. 36, Pain-Capable Unborn Child Protection ActAs introduced in the Committee on the Judiciary on January 3, 2017

Constitutional authority

Congress has the power to enact this legislation pursuant to the following: Congress has authority to extend protection to pain-capable unborn children under the Supreme Court's Commerce Clause precedents and under the Constitution's grants of powers to Congress under the Equal Protection, Due Process, and Enforcement Clauses of the Fourteenth Amendment.

The sponsor’s statement, as printed in the Congressional Record, vol. 163, no. 1, January 3, 2017, page H47.

Printed hearings 2

Hearings whose printed record names this bill, newest first: hearings on it, and wider hearings where it came up.

NumberHearingCommitteeHeld
Serial No. 115-84IRAQ AND SYRIA GENOCIDE EMERGENCY RELIEF AND ACCOUNTABILITY82 pagesForeign Affairs CommitteeOct 3, 2017
S. Hrg. 115-228NOMINATION OF TOM PRICE TO SERVE AS SECRETARY OF HEALTH AND HUMAN SERVICES117 pagesHealth, Education, Labor, and Pensions CommitteeJan 18, 2017

CRS reports 1

Congressional Research Service work that CRS links to this bill or the law it became, newest first.

Cite it 1

Products on other subjects that cite it, usually among other measures.

ProductTitleKindPublished
R45161Abortion At or Over 20 Weeks’ Gestation: Frequently Asked QuestionsReportApr 30, 2018

Related bills 3

Companion bills and other measures the record links to this one.

Titles 3

Every title it has carried, official and short, at each stage.

Official Title as Introduced
To amend title 18, United States Code, to protect pain-capable unborn children, and for other purposes.
Short Titles as Introduced
Pain-Capable Unborn Child Protection Act
Short Titles as Passed House
Pain-Capable Unborn Child Protection Act

Subjects

Assigned by the Library of Congress. Policy area: Crime and Law Enforcement.

Text 3

Each version as it was printed, newest first.

  1. Oct 4, 2017Referred in Senate
  2. Oct 3, 2017Engrossed in House
  3. Jan 3, 2017Introduced in House

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Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.