the Civil Rights Act of 1964 to be discrimination prohibited 
by section 601 of that Act. 
‘‘(d) REPORTING REQUIREMENT.—A physician, physi-
cian’s assistant, nurse, counselor, or other medical or men-
tal health professional shall report known or suspected vio-
lations of any of this section to appropriate law enforce-
ment authorities. Whoever violates this requirement shall be 
fined under this title or imprisoned not more than 1 year, 
or both. 
‘‘(e) EXPEDITED CONSIDERATION.—It shall be the 
duty of the United States district courts, United States 
courts of appeal, and the Supreme Court of the United 
States to advance on the docket and to expedite to the great-
est possible extent the disposition of any matter brought 
under this section. 
‘‘(f) EXCEPTION.—A woman upon whom a sex-selec-
tion or race-selection abortion is performed may not be 
prosecuted or held civilly liable for any violation of this 
section, or for a conspiracy to violate this section. 
‘‘(g) PROTECTION
OF
PRIVACY
IN
COURT
PRO-
CEEDINGS.— 
‘‘(1) IN GENERAL.—Except to the extent the Con-
stitution or other similarly compelling reason re-
quires, in every civil or criminal action under this 
section, the court shall make such orders as are nec-
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essary 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 disclo-
sure. Such orders may be made upon motion, but 
shall be made sua sponte if not otherwise sought by 
a party. 
‘‘(2) ORDERS
TO
PARTIES, WITNESSES, AND 
COUNSEL.—The court shall issue appropriate orders 
under paragraph (1) to the parties, witnesses, and 
counsel and shall direct the sealing of the record and 
exclusion of individuals from courtrooms or hearing 
rooms to the extent necessary to safeguard her iden-
tity from public disclosure. Each such order shall be 
accompanied by specific written findings explaining 
why the anonymity of the woman must be preserved 
from public disclosure, why the order is essential to 
that end, how the order is narrowly tailored to serve 
that interest, and why no reasonable less restrictive 
alternative exists. 
‘‘(3) PSEUDONYM REQUIRED.—In the absence of 
written consent of the woman upon whom an abortion 
has been performed or attempted, any party, other 
than a public official, who brings an action under 
this section shall do so under a pseudonym. 
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‘‘(4) LIMITATION.—This subsection shall not be 
construed to conceal the identity of the plaintiff or of 
witnesses from the defendant or from attorneys for the 
defendant. 
‘‘(h) DEFINITION.—The term ‘abortion’ means 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 done with the intent to— 
‘‘(1) save the life or preserve the health of the un-
born child; 
‘‘(2) remove a dead unborn child caused by spon-
taneous abortion; or 
‘‘(3) remove an ectopic pregnancy.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of chapter 13 of title 18, United States Code, 
is amended by adding after the item relating to section 249 
the following new item: 
‘‘250. Discrimination against the unborn on the basis of race or sex.’’. 
SEC. 4. SEVERABILITY. 
If any portion of this Act or the application thereof 
to any person or circumstance is held invalid, such inva-
lidity shall not affect the portions or applications of this 
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Act which can be given effect without the invalid portion 
or application. 
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Union Calendar No. 349 
112TH CONGRESS 
2D SESSION 
H. R. 3541 
[Report No. 112–496] 
A BILL 
To prohibit discrimination against the unborn on 
the basis of sex or race, and for other purposes. 
MAY 29, 2012 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
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