H.R. 3541 (112th): Prenatal Nondiscrimination Act (PRENDA) of 2012

Dec 01, 2011 (112th Congress, 2011–2013)
Died (Failed Under Suspension)
See Instead:

S. 3290 (same title)
Referred to Committee — Jun 13, 2012

Trent Franks
Representative for Arizona's 2nd congressional district
Read Text »
Last Updated
May 29, 2012
22 pages
Related Bills
H.R. 447 (113th) was a re-introduction of this bill in a later Congress.

Referred to Committee
Last Action: Feb 01, 2013

S. 3290 (Related)
Prenatal Nondiscrimination Act (PRENDA) of 2012

Referred to Committee
Last Action: Jun 13, 2012


This bill was introduced in a previous session of Congress but was killed due to a failed vote for cloture, under a fast-track vote called "suspension", or while resolving differences on May 31, 2012.

Introduced Dec 01, 2011
Referred to Committee Dec 01, 2011
Reported by Committee Feb 16, 2012
Failed Under Suspension May 31, 2012
Full Title

To prohibit discrimination against the unborn on the basis of sex or race, and for other purposes.


No summaries available.

On Motion to Suspend the Rules and Pass, as Amended
May 31, 2012 2:14 p.m.
Failed 246/168

98 cosponsors (95R, 3D) (show)

House Judiciary

The Constitution and Civil Justice

The committee chair determines whether a bill will move past the committee stage.

Primary Source

THOMAS.gov (The Library of Congress)

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Library of Congress Summary

The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress.

5/29/2012--Reported to House amended.
Prenatal Nondiscrimination Act (PRENDA) of 2012 -
Section 3 -
Imposes criminal penalties on anyone who knowingly or knowingly attempts to:
(1) perform an abortion knowing that the abortion is sought based on the sex, gender, color or race of the child, or the race of a parent;
(2) use force or the threat of force to intentionally injure or intimidate any person for the purpose of coercing a sex-selection or race-selection abortion;
(3) solicit or accept funds for the performance of such an abortion; or
(4) transport a woman into the United States or across a state line for the purpose of obtaining such an abortion.
Requires such violations or attempted violations to result in fines under the federal criminal code, imprisonment for up to five years, or both.
Authorizes civil actions, for verifiable money damages for injuries and punitive damages, by:
(1) fathers, or maternal grandparents if the mother is an unemancipated minor, of unborn children who are the subject of an abortion performed or attempted through any of the above violations; and
(2) women upon whom an abortion has been performed with a knowing or attempted use of force or threat of force to intentionally injure or intimidate any person for the purpose of coercing a sex-selection or race-selection abortion.
Authorizes, to prevent an abortion provider from performing or attempting further abortions in violation of this Act, injunctive relief to be obtained by the women upon whom such an abortion is performed or attempted, spouses or parents of a woman upon whom such an abortion is performed, or the Attorney General (DOJ).
Deems a violation of this Act to be prohibited discrimination under title VI (Federally Assisted Programs) of the Civil Rights Act of 1964. (Violators of title VI lose federal funding.)
Requires a medical or mental health professional to report known or suspected violations to law enforcement authorities. Imposes criminal penalties for a failure to so report.
Directs federal courts to expedite the disposition of any matter brought under this Act.
Prohibits a woman having such an abortion from being prosecuted or held civilly liable.
Directs courts to:
(1) make such orders as necessary to protect the anonymity of any woman upon whom an abortion has been performed or attempted if she does not give her written consent to such disclosure; and
(2) include with any such order specific written findings explaining why the anonymity of the woman must be preserved from public disclosure, how the order is essential and narrowly tailored to serve that interest, and why no reasonable less restrictive alternative exists.
Requires, in the absence of such a woman's written consent, that any party, other than a public official, who brings an action under this Act do so under a pseudonym.
Defines "abortion" as the act of using or prescribing any instrument, medicine, drug, or any other substance, device, or means with the intent to terminate the clinically diagnosable pregnancy of a woman, with knowledge that the termination by those means will, with reasonable likelihood, cause the death of the unborn child, unless the act is intended to:
(1) save the life or preserve the health of the unborn child,
(2) remove a dead unborn child caused by spontaneous abortion, or
(3) remove an ectopic pregnancy.
Section 4 -
Declares that, if any portion or application of this Act is held invalid, such invalidity shall not affect the portions or applications of this Act which can be given effect without the invalid portion or application.

House Republican Conference Summary

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House Democratic Caucus Summary

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