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H.R. 36 & S. 1922 & S. 2311 - Pain-Capable Unborn Child Protection Act

H.R. 36, S. 1922, and S. 2311 are the same bill – the Pain Capable Unborn Child Protection Act. H.R. 36 is the House version; S. 1922 and S. 2311 are the Senate versions.

The Pain-Capable Unborn Child Protection Act would protect from abortion unborn babies 20 weeks of age or older, except where a pregnancy poses a physical threat to the mother’s life or is the result of rape or incest.

The Pain-Capable Unborn Child Protection Act is based on scientific research showing that unborn babies are capable of feeling pain no later than 20 weeks of development.

In addition to establishing protection for late-term unborn children, the Pain-Capable Unborn Child Protection Act would establish civil remedies and criminal penalties for violations of the Born-Alive Infants Protection Act of 2002 in cases where the child involved is at least 20 weeks along. The 2002 law requires abortionists to provide appropriate medical care to babies who survive abortions, but currently has no penalty provision for those who violate it.

Prior versions of the Pain-Capable Unborn Child Protection Act were adopted by the House of Representatives in 2014 and 2015. The 2014 legislation never received a vote in the Senate. The 2015 bill was filibustered; a motion to end the filibuster failed to receive the 60 necessary votes. In 2018, S. 2311 also failed to receive the necessary 60 votes to end a filibuster and bring the measure to the Senate floor for a vote.

Text

The complete text of H.R. 36 may be found at https://www.congress.gov/bill/115th-congress/house-bill/36/text?q=%7B%22search%22%3A%5B%22abortion%22%5D%7D&r=4

The complete text of S. 1922 may be found at https://www.congress.gov/bill/115th-congress/senate-bill/1922/text

The complete text of S. 2311 may be found at https://www.congress.gov/bill/115th-congress/senate-bill/2311/text?q=%7B%22search%22%3A%5B%22pain-capable+unborn+child%22%5D%7D&r=2

Co-Sponsors

H.R. 36 was introduced by Congressman Trent Franks (AZ-8). A complete list of the bill’s co-sponsors may be found at https://www.congress.gov/bill/115th-congress/house-bill/36/cosponsors?q=%7B%22search%22%3A%5B%22abortion%22%5D%7D&r=4

S. 1922 was introduced by Senator Lindsey Graham (FL). A complete list of the bill’s co-sponsors may be found at https://www.congress.gov/bill/115th-congress/senate-bill/1922/cosponsors

S. 2311 was introduced by Senator Lindsey Graham (FL). A complete list of the bill’s co-sponsors may be found at https://www.congress.gov/bill/115th-congress/senate-bill/2311/cosponsors?q=%7B%22search%22%3A%5B%22pain-capable+unborn+child%22%5D%7D&r=2

Status

1-3-17 H.R. 36 introduced in the House of Representatives and referred to the Committee on the Judiciary.

1-12-17 H.R. 36 referred to the Committee on the Judiciary’s Subcommittee on the Constitution and Civil Justice.

10-3-17 H.R. 36 passed by the House of Representatives 237-189. The roll call vote is available at https://clerk.house.gov/evs/2017/roll549.xml.

10-4-17 H.R. 36 received in the Senate and referred to the Senate Committee on the Judiciary.

10-5-17 S. 1922 introduced in the Senate and referred to the Committee on the Judiciary.

1-16-18 S. 2311 introduced in the Senate.

1-29-18 Motion to invoke cloture and consider S. 2311 defeated in Senate 51-46 (60 votes needed to approve the motion). The roll call vote is available at https://www.senate.gov/legislative/LIS/roll_call_lists/roll_call_vote_cfm.cfm?congress=115&session=2&vote=00025

Statements

10-2-17 Video of Congressman Trent Franks (AZ-8), the sponsor of H.R. 36, and other Members of Congress addressing the House of Representatives on the Pain-Capable Unborn Child Protection Act is available at https://www.youtube.com/watch?v=MQGme-ZNJjU

10-3-17 Fr. Frank Pavone’s press release on the passage of H.R. 36 is available at https://www.priestsforlife.org/library/7549-fr-frank-pavone-the-houses-passage-of-the-pain-capable-unborn-child-protection-act-tells-us-who-is-worthy-of-office

10-5-17 Video of Senator Lindsey Graham’s press conference introducing the Pain-Capable Unborn Child Act (also speaking are Senator Joni Ernst (IA) and Senator James Lankford) is available at https://www.youtube.com/watch?v=kmeYVjzdPRU

1-29-18 Video of Senate Majority Leader Mitch McConnell (KY) speaking on the Senate floor in favor of Pain-Capable Unborn Child Protection Act is available at https://www.youtube.com/watch?v=9ozbeqOgEqE

1-29-18 Video of Senator Joni Ernst (IA) speaking on the Senate floor in favor of Pain-Capable Unborn Child Protection Act is available at https://www.youtube.com/watch?v=tJBzTJtqubY

1-29-18 Video of Senator James Lankford (OK) speaking on the Senate floor in favor of Pain-Capable Unborn Child Protection Act is available at https://www.youtube.com/watch?v=gXIXnWJbpiA

1-30-18 Fr. Frank Pavone’s statement on the Senate’s Pain-Capable Unborn Child Protection Act vote is available at https://www.priestsforlife.org/library/7642-fr-frank-pavone-issues-statement-on-the-senates-pain-capable-unborn-child-protection-act-vote