skip to main content

H.R. 36 (115th): Pain-Capable Unborn Child Protection Act

Call or Write Congress

About the bill

Next week, the House will vote the Pain-Capable Unborn Child Protection Act, which would ban abortions after 20 weeks of pregnancy.

It’s passed the House in both of the past two sessions of Congress, but now with complete Republican control of Congress and the presidency, the bill’s odds of passage seem higher than ever.

What the bill does

The legislation, would criminalize the performing of an abortion once the fetus is 20 weeks, the approximate point at which advocates estimate a fetus can begin to feel pain.

Twenty states already have a version of the 20-week abortion ban on the books. Approximately 1.3 percent of abortions are performed after 20 weeks.

Penalties would include up to five years in prison.

Exceptions are made in cases of rape, incest, …

Sponsor and status

Trent Franks

Sponsor. Representative for Arizona's 8th congressional district. Republican.

Read Text »
Last Updated: Oct 4, 2017
Length: 24 pages
Jan 3, 2017
115th Congress (2017–2019)
Died in a previous Congress

This bill was introduced in a previous session of Congress and was passed by the House on October 3, 2017 but was never passed by the Senate.

Although this bill was not enacted, its provisions could have become law by being included in another bill. It is common for legislative text to be introduced concurrently in multiple bills (called companion bills), re-introduced in subsequent sessions of Congress in new bills, or added to larger bills (sometimes called omnibus bills).


182 Cosponsors (180 Republicans, 2 Democrats)

See Instead

S. 2311 (same title)
Failed Cloture — Jan 29, 2018


Position statements

What legislators are saying

Rep. Kelly Releases Annual Report for 2017
    — Rep. Mike Kelly [R-PA16] (Co-sponsor) on Jan 8, 2018

Protecting the Unborn
    — Rep. Sam Graves [R-MO6] (Co-sponsor) on Oct 4, 2017

Pro-Choice Leaders Condemn Extreme Republican Bill That Would Ban Abortion after Six Weeks
    — Rep. Louise Slaughter [D-NY25, 2013-2018] on Nov 1, 2017

More statements at ProPublica Represent...

What stakeholders are saying

R Street Institute estimates H.R. 36 will add $175 million in new spending through 2027.


Jan 3, 2017

Bills and resolutions are referred to committees which debate the bill before possibly sending it on to the whole chamber.

Oct 3, 2017
Passed House (Senate next)

The bill was passed in a vote in the House. It goes to the Senate next.

H.R. 36 (115th) was a bill in the United States Congress.

A bill must be passed by both the House and Senate in identical form and then be signed by the President to become law.

Bills numbers restart every two years. That means there are other bills with the number H.R. 36. This is the one from the 115th Congress.

This bill was introduced in the 115th Congress, which met from Jan 3, 2017 to Jan 3, 2019. Legislation not passed by the end of a Congress is cleared from the books.

How to cite this information.

We recommend the following MLA-formatted citation when using the information you see here in academic work:

“H.R. 36 — 115th Congress: Pain-Capable Unborn Child Protection Act.” 2017. February 1, 2023 <>

Where is this information from?

GovTrack automatically collects legislative information from a variety of governmental and non-governmental sources. This page is sourced primarily from, the official portal of the United States Congress. is generally updated one day after events occur, and so legislative activity shown here may be one day behind. Data via the congress project.