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H.R. 3541 (112th): Prenatal Nondiscrimination Act (PRENDA) of 2012
- Introduced:
- Dec 01, 2011 (112th Congress, 2011–2013)
- Sponsor:
- Rep. Trent Franks [R-AZ2]
- Status:
- Died (Failed Under Suspension)
- See Instead:
- This bill was re-introduced as H.R. 447 on Feb 01, 2013. See H.R. 447 for current action on this subject.
The bill’s title was written by its sponsor. H.R. stands for House of Representatives bill.
- Status
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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.
- Text
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Last updated May 29, 2012.
22 pages
- Progress
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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.
- Primary Source
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THOMAS.gov (The Library of Congress)
GovTrack gets most information from THOMAS, which is updated generally one day after events occur. Activity since the last update may not be reflected here.
- Votes
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On Motion to Suspend the Rules and Pass, as Amended
May 31, 2012 2:14 p.m.
Failed 246/168 - Cosponsors
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98 cosponsors (95R, 3D) (show)
- Committees
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The committee chair determines whether a bill will move past the committee stage.
- Summary
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No summaries available.
- Widget
- Citation
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Click a format for a citation suggestion:
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.
Section
3
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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
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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
The summary below was written by the House Republican Conference, which is the caucus of Republicans in the House of Representatives.
This summary can be found at http://www.gop.gov/bill/112/2/hr3541.
Background
According to the Committee on the Judiciary, there are now four separate studies from academic institutions which demonstrate the use of sex-selection in the U.S., including Columbia University, whose 2008 report found that there is “strong son bias” within selected American communities as revealed in census data and “clear evidence of sex-selection, most likely at the prenatal stage.”
According to the Committee, these studies found that the victims of sex-selection abortion are overwhelmingly female, and most sex-selection abortions are later-term abortions, likely occurring after the child becomes “pain-capable.” The Committee also states that “The United States is believed to be the only advanced country that does not restrict sex-selection through law. Congress has repeatedly condemned China in official resolutions for its policies that encourage sex-selection, yet Congress has failed to take any action to prevent this type of discrimination from occurring within this country.”
The American medical community, including the American Congress of Obstetricians and Gynecologists (ACOG) and the American Society of Reproductive Medicine (ASRM), and the President's Council on Bioethics have condemned sex-selection, according to the Committee. In 2007, the United States spearheaded a resolution to condemn sex-selection at the United Nations Commission on the Status of Women, yet there is no law prohibiting the practice in the United States, as in other member countries. United Nations affiliates have made repeated public statements that aborting a girl child is one of the most pervasive human rights abuses and the most extreme form of violence against women. According to the Committee, a 2006 Zogby International poll of 30,000 Americans showed that 86% of the American public desires a law to ban sex-selection abortion.
Summary
H.R. 3541 would prohibit discriminatory abortions motivated by the sex of the unborn child. The legislation would make it a federal crime to perform an abortion knowing that such abortion is sought based on the sex or gender of that child. In addition, the bill would make it a federal crime to use force to intentionally intimidate any person for the purpose of coercing a sex-selection abortion or accept funds for the performance of a sex-selection abortion. The bill would also make it a crime to transport a woman into the United States or across a State line for the purpose of obtaining a sex-selection abortion. Under the bill, anyone violating this act would be subject to a fine under this title or imprisonment of no more than 5 years, or both. Under the bill, no penalties would be imposed upon the woman seeking the abortion.
The bill would also provide women upon whom an abortion has been performed or attempted in violation of this bill with the ability to seek relief in civil court against any person who engaged in the violation. In addition, would also allow the father of an unborn child who is the subject of an abortion performed or in violation of the bill, or a maternal grandparent of the unborn child if the pregnant woman is an unemancipated minor, to seek relief in a civil court unless the pregnancy resulted from the plaintiff’s criminal conduct or the plaintiff consented to the abortion. The bill would also authorize the courts to provide injunctive relief by barring an abortion provider from performing or attempting to perform further abortions that may be based solely on the sex of the child. The bill would also require courts to withhold the identity of the woman, upon whom an abortion was performed, from court documents in civil or criminal cases involving banned abortions.
Cost
According to the Congressional Budget Office (CBO), implementing H.R. 3541 would have no significant cost to the federal government. Enacting the bill could affect direct spending and revenues; therefore, pay-as-you-go procedures apply. However, CBO estimates that any effects would be insignificant for each year.
House Democratic Caucus Summary
The House Democratic Caucus does not provide summaries of bills.
So, yes, we display the House Republican Conference’s summaries when available even if we do not have a Democratic summary available. That’s because we feel it is better to give you as much information as possible, even if we cannot provide every viewpoint.
We’ll be looking for a source of summaries from the other side in the meanwhile.
The bill contains the following citations to other parts of U.S. law:
United States Code
The United States Code is the compilation of general and permanent laws enacted by Congress. Laws that are not permanent in nature, law that affect a single individual, family, or small group, regulations, case law, state law, and local law do not appear in the United States Code.
- Title 18: Crimes and Criminal Procedure
- Part I: Crimes
- Chapter 13: Civil Rights
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