PlainBillCongress, translated.Legislation. Context. Public interest.Received in the Senate and Read twice and referred to the Committee on the Judiciary.
Congressional Research Service
Version 81 · Passed House without amendment · Oct 3, 2017
(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.
People & committees
Rep. Franks, Trent [R-AZ-8] · R–AZ
Legislative record
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Received in the Senate and Read twice and referred to the Committee on the Judiciary.
Motion to reconsider laid on the table Agreed to without objection.
On passage Passed by recorded vote: 237 - 189 (Roll no. 549). (text: CR H7713-7715)
House roll call 549 · Individual votesPassed/agreed to in House: On passage Passed by recorded vote: 237 - 189 (Roll no. 549).(text: CR H7713-7715)
House roll call 549 · Individual votesOn motion to recommit with instructions Failed by the Yeas and Nays: 187 - 238 (Roll no. 548).
House roll call 548 · Individual votesThe previous question on the motion to recommit with instructions was ordered without objection.
Floor summary: DEBATE - The House proceeded with 10 minutes of debate on the Brownley (CA) motion to recommit with instructions. The instructions contained in the motion to seek the require the bill to be reported back to the House with an amendment to add the word health throughout section 3 pertaining to the Pain-Capable Unborn Child Protection.
Ms. Brownley (CA) moved to recommit with instructions to the Committee on the Judiciary. (text: CR H7725)
The previous question was ordered pursuant to the rule.
DEBATE - The House proceeded with one hour of debate on H.R. 36.
Rule 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.
Considered under the provisions of rule H. Res. 548. (consideration: CR H7712-7728)
Rule H. Res. 548 passed House.
Rules Committee Resolution H. Res. 548 Reported to House. Rule 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.
Referred to the Subcommittee on the Constitution and Civil Justice.
Referred to the House Committee on the Judiciary.
Introduced in House
Introduced in House
Primary sources
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Source last updated: Aug 10, 2026. Consult Congress.gov for the current record.
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Analyze H.R.36 as objectively as possible. Explain its main provisions, who would be affected, possible benefits and harms, implementation, exceptions, and uncertainties. Present the strongest arguments for and against it, and identify evidence needed to assess its public impact.
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