[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 461 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 461
To amend title 18, United States Code, to prohibit discrimination by
abortion against an unborn child on the basis of Down syndrome.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 24, 2023
Mr. Estes (for himself, Mr. Aderholt, Mr. Banks, Mr. Feenstra, Mr.
Gaetz, Mr. Higgins of Louisiana, Mr. Kelly of Mississippi, Mrs. Miller
of Illinois, Mr. Smith of New Jersey, and Mr. Stauber) introduced the
following bill; which was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend title 18, United States Code, to prohibit discrimination by
abortion against an unborn child on the basis of Down syndrome.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting Individuals with Down
Syndrome Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) On June 24, 2022, the United States Supreme Court
issued a decision in Dobbs v. Jackson Women's Health
Organization (No. 19-1392, 2022 WL 2276808 (2022)), which
overturned its prior, egregiously wrong holding in Roe v. Wade
(410 U.S. 113 (1973)).
(2) Dobbs correctly affirmed that there is no
constitutional right to abort an unborn child and that the
Court's prior decision in Roe was not based in the
Constitution's text nor was it deeply rooted in the history and
tradition of the United States.
(3) Federal law protects individuals with disabilities
against discrimination, including in the provision of medical
care.
(4) As Congress has previously affirmed, ``[d]isability is
a natural part of the human experience and in no way diminishes
the right of individuals to live independently, enjoy self-
determination, make choices, contribute to society, pursue
meaningful careers, and enjoy full inclusion and integration in
the economic, political, social, and educational mainstream of
American society.''.
(5) It is the policy of the United States to respect the
lives and the dignity of individuals with disabilities,
including individuals with Down syndrome.
(6) Federal, State, and local government all have a role to
play in preventing discrimination based on disability,
including discrimination against individuals with Down
syndrome.
(7) Consistent with the overarching Federal policy of
nondiscrimination, and in light of the shameful history of
targeting unborn children for abortion based on race, gender,
or disabilities, Congress must combat invidious discrimination
by prohibiting doctors from aborting unborn children because
the unborn child has been diagnosed with Down syndrome.
(8) Tragically, in some countries that have failed to
protect unborn children diagnosed with Down syndrome, virtually
every unborn child diagnosed with Down syndrome is aborted.
(9) Individuals with Down syndrome are inherently valuable
and worthy of dignity and respect. They enrich and strengthen
our society in countless ways, including but not limited to by
building meaningful relationships, participating in and
creating families, learning, and working alongside other
Americans.
SEC. 3. DISCRIMINATION BY ABORTION AGAINST AN UNBORN CHILD ON THE BASIS
OF DOWN SYNDROME PROHIBITED.
(a) In General.--Chapter 13 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 250. Discrimination by abortion against an unborn child on the
basis of Down syndrome prohibited
``(a) Definitions.--In this section:
``(1) Abortion.--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--
``(A) kill the unborn child of a woman known to be
pregnant; or
``(B) terminate the pregnancy of a woman known to
be pregnant, with an intention other than--
``(i) to produce a live birth and preserve
the life and health of the child born alive;
``(ii) to save the life of the pregnant
woman; or
``(iii) to remove a dead unborn child.
``(2) Down syndrome.--The term `Down syndrome' means a
chromosomal disorder associated with--
``(A) an extra copy of the chromosome 21, in whole
or in part; or
``(B) an effective trisomy for chromosome 21.
``(3) Qualified plaintiff.--The term `qualified plaintiff'
means--
``(A) a woman upon whom an abortion is performed or
attempted in violation of this section;
``(B) a maternal grandparent of the unborn child if
the woman upon whom an abortion is performed or
attempted in violation of this section is an
unemancipated minor;
``(C) the father of an unborn child who is the
subject of an abortion performed or attempted in
violation of this section unless the pregnancy or
abortion resulted from the criminal conduct of the
father; or
``(D) the Attorney General.
``(4) Unborn child.--The term `unborn child' means an
individual of the species homo sapiens from the beginning of
the biological development of that individual, including
fertilization, until the point of being born alive, as defined
in section 8(b) of title 1.
``(b) Offense.--It shall be unlawful to--
``(1) perform an abortion--
``(A) with the knowledge that a pregnant woman is
seeking an abortion, in whole or in part, on the basis
of--
``(i) a test result indicating that the
unborn child has Down syndrome;
``(ii) a prenatal diagnosis that the unborn
child has Down syndrome; or
``(iii) any other reason to believe that
the unborn child has or may have Down syndrome;
or
``(B) without first--
``(i) asking the pregnant woman if she is
aware of any test results, prenatal diagnosis,
or any other evidence that the unborn child has
or may have Down syndrome; and
``(ii) if the woman is aware that the
unborn child has or may have Down syndrome,
informing the pregnant woman of the
prohibitions on abortion under this section;
``(2) use force or the threat of force to intentionally
injure or intimidate any person for the purpose of coercing an
abortion described in paragraph (1)(A);
``(3) solicit or accept funds for the performance of an
abortion described in paragraph (1)(A); or
``(4) knowingly transport a woman into the United States or
across a State line for the purpose of obtaining an abortion
described in paragraph (1)(A).
``(c) Criminal Penalty.--Any person that violates, or attempts to
violate, subsection (b) shall be fined under this title, imprisoned not
more than 5 years, or both.
``(d) Civil Remedies.--
``(1) Civil action by woman on whom abortion is
performed.--A woman upon whom an abortion has been performed or
attempted in violation of subsection (b)(2) may bring a civil
action in an appropriate court against any person who engaged
in a violation of subsection (b)(2) to obtain appropriate
relief.
``(2) Civil action by relatives.--
``(A) In general.--Except as provided in
subparagraph (B), the father of an unborn child who is
the subject of an abortion performed or attempted in
violation of subsection (b), or a maternal grandparent
of the unborn child if the pregnant woman is an
unemancipated minor, may bring a civil action in an
appropriate court against any person who engaged in the
violation to obtain appropriate relief.
``(B) Exceptions.--Subparagraph (A) shall not apply
if--
``(i) the pregnancy or abortion resulted
from the criminal conduct of the plaintiff
described in subparagraph (A); or
``(ii) the plaintiff described in
subparagraph (A) consented to the abortion.
``(3) Appropriate relief.--Appropriate relief in a civil
action under this subsection includes--
``(A) objectively verifiable money damages for all
injuries, psychological and physical, including loss of
companionship and support, occasioned by the violation
of this section; and
``(B) punitive damages.
``(4) Injunctive relief.--A qualified plaintiff may bring a
civil action in an appropriate court to obtain injunctive
relief to prevent an abortion provider from performing or
attempting further abortions in violation of this section.
``(5) Attorney's fees for plaintiff.--The court shall award
a reasonable attorney's fee as part of the costs to a
prevailing plaintiff in a civil action under this subsection.
``(e) Bar to Prosecution.--A woman upon whom an 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.
``(f) Loss of Federal Funding.--A violation of subsection (b) shall
be deemed discrimination for the purposes of section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. 794).
``(g) Reporting Requirement.--
``(1) In general.--A physician, physician's assistant,
nurse, counselor, or other medical or mental health
professional shall report known or suspected violations of any
of this section to appropriate law enforcement authorities.
``(2) Criminal penalty.--Any person who violates paragraph
(1) shall be fined under this title, imprisoned not more than 1
year, or both.
``(h) Expedited Consideration.--It shall be the duty of the
district courts of the United States, the courts of appeals of the
United States, and the Supreme Court of the United States to advance on
the docket and to expedite to the greatest possible extent the
disposition of any matter brought under this section.
``(i) Protection of Privacy in Court Proceedings.--
``(1) In general.--Except to the extent the Constitution of
the United States or other similarly compelling reason
requires, in every civil or criminal action under this section,
the court shall make such orders as are 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. 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 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 the identity of a woman
described in paragraph (1) from public disclosure.
``(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.
``(4) Limitation.--This subsection may not be construed to
conceal the identity of the plaintiff or of witnesses from the
defendant or from attorneys for the defendant.
``(j) Rule of Construction.--
``(1) Greater protection.--Nothing in this section may be
construed to pre-empt or limit any Federal, State, or local law
that provides greater protections for an unborn child than
those provided in this section.
``(2) Creating or recognizing right.--Nothing in this
section shall be construed as creating or recognizing a right
to abortion nor shall it make lawful an abortion that is
otherwise unlawful under Federal, State, or local law.''.
(b) Clerical Amendment.--The table of sections of chapter 13 of
title 18, United States Code, is amended by adding at the end the
following:
``250. Discrimination by abortion against an unborn child on the basis
of Down syndrome prohibited.''.
SEC. 4. SEVERABILITY.
If any portion of this Act, or the amendments made by this Act, or
the application thereof to any person or circumstance 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.
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