HR 147 · 115th Congress 2017โ€“2019, ended

Prenatal Nondiscrimination Act (PRENDA) of 2017

Latest action · Jan 23, 2017 Referred to the Subcommittee on the Constitution and Civil Justice.

Progress

Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.

  1. IntroducedJan 3, 2017
  2. Passed HouseNot reached
  3. Passed SenateNot reached
  4. To the PresidentNot reached
  5. Became lawNot reached

Summary

Prenatal Nondiscrimination Act (PRENDA) of 2017

This bill 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.

Violations or attempted violations shall result in fines and/or imprisonment for up to five years.

The bill 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; or (2) women upon whom an abortion has been performed or attempted 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.

To prevent an abortion provider from performing or attempting further abortions in violation of this bill, the bill authorizes injunctive relief to be obtained by: (1) the women upon whom such an abortion is performed or attempted, (2) a maternal grandparent of the unborn child if the woman is an unemancipated minor, (3) the father of such an unborn child, or (4) the Department of Justice.

Violations of this bill are deemed to be prohibited discrimination under title VI (Federally Assisted Programs) of the Civil Rights Act of 1964. (Violators of title VI lose federal funding.)

Medical or mental health professionals must report known or suspected violations to law enforcement authorities. Criminal penalties are established for a failure to so report.

A woman having such an abortion may not be prosecuted or held civilly liable.

Courts must 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. In the absence of such a woman's written consent, any party, other than a public official, who brings an action must use a pseudonym.

For purposes of this bill, "abortion" is defined 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.

Cosponsors 65

Members who signed on, in the order they did. Signatures ran from Jan 10, 2017 to Oct 4, 2017.

SeatCosponsorSigned on
R-WVAlexander X. MooneyJan 10, 2017
R-MOAnn WagnerJan 10, 2017
R-TXBill FloresJan 10, 2017
R-MIBill HuizengaJan 10, 2017
R-OHBill JohnsonJan 10, 2017
R-MOBlaine LuetkemeyerJan 10, 2017
R-TXBlake FarentholdJan 10, 2017
R-OHBob GibbsJan 10, 2017
R-ALBradley ByrneJan 10, 2017
R-NJChristopher H. SmithJan 10, 2017
R-NCDavid RouzerJan 10, 2017
R-TNDiane BlackJan 10, 2017
R-ALGary J. PalmerJan 10, 2017
R-WIGlenn GrothmanJan 10, 2017
R-FLGus M. BilirakisJan 10, 2017
R-MOJason SmithJan 10, 2017
R-SCJeff DuncanJan 10, 2017
R-INJim BanksJan 10, 2017
R-GAJody B. HiceJan 10, 2017
R-MIJohn R. MoolenaarJan 10, 2017
R-PAKeith J. RothfusJan 10, 2017
R-TXKenny MarchantJan 10, 2017
R-TXLouie GohmertJan 10, 2017
R-INLuke MesserJan 10, 2017
R-OKMarkwayne MullinJan 10, 2017
R-TNMarsha BlackburnJan 10, 2017
R-PAMike KellyJan 10, 2017
R-OHPatrick J. TiberiJan 10, 2017
R-AZPaul A. GosarJan 10, 2017
R-TXPete OlsonJan 10, 2017
R-ILPeter J. RoskamJan 10, 2017
R-LARalph Lee AbrahamJan 10, 2017
R-ALRobert B. AderholtJan 10, 2017
R-OHRobert E. LattaJan 10, 2017
R-MOSam GravesJan 10, 2017
R-WISean P. DuffyJan 10, 2017
R-IASteve KingJan 10, 2017
R-MITim WalbergJan 10, 2017
R-MSTrent KellyJan 10, 2017
R-NCWalter B. JonesJan 10, 2017
R-TXBrian BabinJan 13, 2017
R-UTChris StewartJan 13, 2017
R-GADoug CollinsJan 13, 2017
R-CODoug LambornJan 13, 2017
R-OKJim BridenstineJan 13, 2017
R-SCJoe WilsonJan 13, 2017
R-NDKevin CramerJan 13, 2017
R-KSKevin YoderJan 13, 2017
R-TXSam JohnsonJan 13, 2017
R-MSSteven M. PalazzoJan 13, 2017
R-INTodd RokitaJan 13, 2017
R-MNTom EmmerJan 13, 2017
R-OHJim JordanJan 24, 2017
R-TXKevin BradyJan 24, 2017
R-FLTed S. YohoJan 24, 2017
R-NYChris CollinsFeb 7, 2017
I-MIPaul MitchellFeb 7, 2017
R-TXK. Michael ConawayFeb 16, 2017
R-ALMartha RobyMar 1, 2017
D-ILDaniel LipinskiMar 13, 2017
R-MOVicky HartzlerMar 17, 2017
R-TXJodey C. ArringtonApr 3, 2017
R-NCVirginia FoxxMay 3, 2017
R-VAThomas A. Garrett, Jr.Jul 13, 2017
R-SCRalph NormanOct 4, 2017

Committees 1

Where it was sent and what each committee and subcommittee did with it, in order.

ChamberCommitteeWhat it did
HouseJudiciary Committee
Referred Jan 3, 2017
Constitution and Limited Government Subcommittee
Referred Jan 23, 2017

Actions 3

Everything that happened, newest first.

  1. Jan 23, 2017Referred to the Subcommittee on the Constitution and Civil Justice.
  2. Jan 3, 2017Introduced in House
  3. Jan 3, 2017Referred to the House Committee on the Judiciary.

Research

What has been written about this bill: committee reports, cost estimates, the sponsor’s authority statement, printed hearings and the Congressional Research Service’s work.

Constitutional authority

Congress has the power to enact this legislation pursuant to the following: (1) the Commerce Clause; (2) section 2 of the 13th amendment; (3) section 5 of the 14th amendment, including the power to enforce the prohibition on government action denying equal protection of the laws; and (4) section 8 of article I, to make all laws necessary and proper for the carrying into execution of powers vested by the Constitution in the Government of the United States.

The sponsor’s statement, as printed in the Congressional Record, vol. 163, no. 1, January 3, 2017, page H50.

Related bills 2

Companion bills and other measures the record links to this one.

BillTitleRelationshipLatest action
HR 4660Prenatal Nondiscrimination Act (PRENDA) of 2017Related billJan 22, 2018
HR 4924Prenatal Nondiscrimination Act (PRENDA) of 2016Reintroduction ofApr 13, 2016

Titles 2

Every title it has carried, official and short, at each stage.

Official Title as Introduced
To prohibit discrimination against the unborn on the basis of sex or race, and for other purposes.
Short Titles as Introduced
Prenatal Nondiscrimination Act (PRENDA) of 2017

Subjects

Assigned by the Library of Congress. Policy area: Crime and Law Enforcement.

Text 1

Each version as it was printed, newest first.

  1. Jan 3, 2017Introduced in House

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Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.