HR 784 · 116th Congress 2019–2021, ended

Pain-Capable Unborn Child Protection Act

Introduced Jan 24, 2019 Originated House Sponsor Christopher H. Smith R-NJ

Latest action · Mar 5, 2019 Referred to the Subcommittee on the Constitution, Civil Rights, and Civil Liberties.

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.

IntroducedJan 24, 2019
Passed HouseNot reached
Passed SenateNot reached
To the PresidentNot reached
Became lawNot reached

Summary

Pain-Capable Unborn Child Protection Act

This bill establishes a new criminal offense for performing or attempting 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, a prison term of up to five years, 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.

Cosponsors 178

Members who signed on, in the order they did. Signatures ran from Jan 24, 2019 to Dec 18, 2020; 106 are original cosponsors, there from the day it was introduced.

Seat	Cosponsor		Signed on
R-GA	A. Drew Ferguson IV	Original	Jan 24, 2019
R-NE	Adrian Smith	Original	Jan 24, 2019
R-WV	Alexander X. Mooney	Original	Jan 24, 2019
R-KY	Andy Barr	Original	Jan 24, 2019
R-AZ	Andy Biggs	Original	Jan 24, 2019
R-MD	Andy Harris	Original	Jan 24, 2019
R-MO	Ann Wagner	Original	Jan 24, 2019
R-GA	Austin Scott	Original	Jan 24, 2019
R-GA	Barry Loudermilk	Original	Jan 24, 2019
R-TX	Bill Flores	Original	Jan 24, 2019
R-MI	Bill Huizenga	Original	Jan 24, 2019
R-FL	Bill Posey	Original	Jan 24, 2019
R-MO	Blaine Luetkemeyer	Original	Jan 24, 2019
R-OH	Bob Gibbs	Original	Jan 24, 2019
R-OH	Brad R. Wenstrup	Original	Jan 24, 2019

Show all 178 cosponsors

Committees 1

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

Chamber	Committee	What it did
House	Judiciary Committee	Referred Jan 24, 2019
	Constitution and Limited Government Subcommittee	Referred Mar 5, 2019

Actions 3

Everything that happened, newest first.

Mar 5, 2019Referred to the Subcommittee on the Constitution, Civil Rights, and Civil Liberties.
Jan 24, 2019Introduced in House
Jan 24, 2019Referred to the House Committee on the Judiciary.

In the Congressional Record 2

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.

Where	In the Record	Members	Date
House	Debate and remarks H288	Andy Biggs R-AZ	Jan 15, 2020
House	Debate and remarks H2909	Christopher H. Smith R-NJ	Mar 28, 2019

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.

Constitutional authority

Congress has the power to enact this legislation pursuant to the following: The constitutional authority on which this bill is based is Congress's power under the Commerce Clause in Article I, Section 8 of the Constitution 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. 165, no. 15, January 24, 2019, page H1213.

Related bills 3

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

Bill	Title	Relationship	Latest action
S 160	Pain-Capable Unborn Child Protection Act	Related bill	Apr 9, 2019
HR 1080	Pain-Capable Unborn Child Protection Act	Reintroduced Bill	Apr 28, 2021
S 3275	Pain-Capable Unborn Child Protection Act	Related bill	Feb 25, 2020

Titles 2

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 Title(s) as Introduced: Pain-Capable Unborn Child Protection Act

Subjects

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

Text 1

Each version as it was printed, newest first.

Jan 24, 2019Introduced 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.