Summary of H.R. 36 - Pain-Capable Unborn Child Protection Act

This law focuses on protecting unborn children who are believed to be capable of feeling pain, specifically after 20 weeks from fertilization (conception). It sets rules around abortions performed after this point and includes requirements for doctors, protections for women, and penalties for violations.

Main Points of the Law

1. Why 20 Weeks?

Medical evidence cited in the bill shows that unborn children have developed the biological ability to feel pain by about 20 weeks after fertilization. The bill explains that:

• Unborn babies have pain receptors and nerves connected to the brain by 20 weeks.
• They respond to painful stimuli similarly to adults, including physical reactions and increased stress hormones.
• Surgery on unborn babies before 20 weeks is done with anesthesia, which reduces pain and stress.
• Scientific research supports that pain perception doesn’t necessarily require parts of the brain some thought were essential.

2. Restrictions on Abortions After 20 Weeks

The law makes it illegal for anyone to perform or attempt an abortion on a fetus that is 20 weeks or older (post-fertilization age), except in certain cases:

• If the abortion is necessary to save the life of the pregnant woman due to a serious physical health risk.
• If the pregnancy is a result of rape (for adult women, with counseling or medical treatment done at least 48 hours before) or if the pregnancy is due to rape or incest involving a minor (with prior official reporting of the incident).

3. Requirements for Doctors

When performing an abortion after 20 weeks under the allowed exceptions, doctors must:

• Determine the fetus’s age carefully before proceeding.
• Use the method that gives the unborn child the best chance of survival outside the womb, whenever possible.
• Have a second doctor trained in newborn care present if the fetus could potentially survive outside the womb.
• If the child is born alive after abortion attempts, provide full medical care just as would be given to any premature newborn, and admit the child immediately to a hospital.

4. Paperwork and Consent

The law requires doctors to:

• Get signed informed consent from the pregnant woman before the abortion procedure, which includes explaining the fetus’s age, the legal restrictions, and the care requirements for a child born alive.
• Keep detailed documents of any counseling or medical treatment related to rape or incest, and of the informed consent in the medical records.

5. Penalties

If someone violates this law by performing an abortion after 20 weeks without meeting the requirements or exceptions, they can face:

• Criminal penalties: fines or up to 5 years in prison.
• Civil lawsuits: women or parents of minors can sue for damages and legal fees.

6. Protection for Women

Women who receive abortions under this law cannot be prosecuted for violations. The focus of legal consequences is on those who perform or attempt prohibited abortions.

7. Data Collection

Doctors performing abortions after 20 weeks under exceptions must report yearly summaries to the government about the number and details of these abortions. The reports will be anonymized to protect patient privacy, and public summaries will be published annually.

Summary

H.R. 36 aims to prohibit abortions on unborn children who are at least 20 weeks post-fertilization, based on the view supported by this bill that unborn children can feel pain by that stage. Exceptions are made for cases involving the mother’s life risk or pregnancies resulting from rape or incest (with conditions). The bill also describes how such abortions must be performed when allowed, protects newborns if they survive an abortion attempt, and sets penalties for violations while protecting women from prosecution.

Born-Alive Abortion Survivors Protection Act

This bill aims to amend Title 18 of the United States Code to prevent healthcare practitioners from neglecting to provide proper care to a child who survives an abortion or attempted abortion. The bill defines the rights and protections of infants born alive after an abortion procedure. It also outlines the requirements for healthcare practitioners to provide necessary care and immediate hospital admission to such infants. The bill imposes penalties for violations, including fines and imprisonment. Furthermore, it establishes civil remedies for women affected by violations of the act, including damages and attorney’s fees.

Concealed Carry Reciprocity Act of 2017

Title I—Concealed Carry Reciprocity Act of 2017

Section 101: This section allows nonresidents of a state where residents can carry concealed firearms to also carry concealed firearms in that state, subject to certain requirements.

Section 102: This section clarifies that law enforcement officers can conduct investigative stops with reasonable suspicion of a violation of any law.

Section 103: This section allows off-duty and retired law enforcement officers to carry concealed firearms, and discharge firearms, in a school zone.

Section 104: This section allows federal judges to carry concealed firearms in any state.

Title II—Fix NICS Act

Section 201: This section requires accountability for federal departments and agencies regarding record submission requirements for the National Instant Criminal Background Check System (NICS).

Section 202: This section establishes an implementation plan to improve criminal record information sharing with NICS.

Section 203: This section creates a Domestic Abuse and Violence Prevention Initiative under NICS Act Record Improvement Program.

Section 204: This section establishes a State Grant Program for criminal justice identification, information, and communication.

Section 205: This section aims to improve information sharing with states with regards to prohibited firearm purchases.

Section 206: This section mandates a report by the Attorney General on the use of bump stocks in crime.

Section 207: This section authorizes appropriations for various programs related to improving background check and criminal record systems.

Regulations from the Executive in Need of Scrutiny Act of 2017

Purpose: Increase accountability and transparency in the Federal regulatory process by requiring major rules of the executive branch to be approved by a joint resolution of Congress.

Congressional Review of Agency Rulemaking:

Major rules must be submitted to Congress along with detailed information and undergo a review process. Nonmajor rules also require submission to Congress.

Congressional Approval Procedure for Major Rules:

Major rules must be submitted to Congress for approval within a certain timeframe. If not approved, the rule does not take effect.

Congressional Disapproval Procedure for Nonmajor Rules:

Congress can disapprove nonmajor rules within 60 days of submission. Rules not approved do not take effect.

Effective Date of Certain Rules:

Rules related to hunting, fishing, camping or deemed impracticable, unnecessary, or contrary to the public interest can take effect without approval.

Regulatory Cut-Go Requirement:

New rules must offset costs by amending or repealing existing rules. The agency must identify rules to be amended before the new rule can take effect.

Review of Rules Currently in Effect:

Agencies must review a portion of existing rules annually, and rules not approved after a specified time period will not continue in effect.

Judicial Review:

No judicial review allowed except to determine if the necessary requirements for a rule to take effect have been met.

Exemption for Monetary Policy:

Rules related to monetary policy by specific agencies are exempt from this Act.