What This Bill Does
This bill makes it illegal for doctors to perform abortions on women when they know the unborn child has Down syndrome. The bill adds new criminal penalties and allows civil lawsuits against people who perform or help obtain such abortions. It also requires medical professionals to report violations of these rules to law enforcement.
Who It Affects
Doctors and medical providers who perform abortions; pregnant women seeking abortions; fathers of unborn children; maternal grandparents of unborn children when the pregnant woman is a minor; the Attorney General; medical and mental health professionals; courts hearing related cases.
Key Provisions
- Doctors cannot perform an abortion when they know a pregnant woman wants one because the unborn child has Down syndrome, based on test results, prenatal diagnosis, or other reasons to believe the child has Down syndrome (Sec. 3(b)(1)(A))
- Before performing any abortion, doctors must ask pregnant women if they know of any test results or diagnoses showing the unborn child has or may have Down syndrome, and must inform them of the law's prohibition if they say yes (Sec. 3(b)(1)(B))
- A person violating these rules faces up to 5 years in prison, a fine, or both (Sec. 3(c))
- Pregnant women can sue anyone who uses force or threats to coerce them into an abortion based on Down syndrome diagnosis (Sec. 3(d)(1))
- Fathers and maternal grandparents can sue for civil damages, including money for emotional and physical injuries, unless they caused the pregnancy through criminal conduct or consented to the abortion (Sec. 3(d)(2))
- Medical professionals must report known or suspected violations to law enforcement, or face up to 1 year in prison and fines (Sec. 3(g))
- Courts must speed up cases brought under this law (Sec. 3(h))
- Courts must protect the identity of pregnant women in court cases unless the woman agrees otherwise, including using fake names if needed (Sec. 3(i))
What Changes
A new federal crime is created for performing abortions based on Down syndrome diagnosis. People injured by violations can file civil lawsuits seeking money damages and punitive damages (extra money as punishment). Medical professionals gain a legal duty to report violations. Violations are treated as discrimination under the Rehabilitation Act of 1973, which can result in loss of federal funding. Federal courts must prioritize cases brought under this law.
Important Definitions
- **Abortion**: Using or prescribing any instrument, medicine, drug, or other means with intent to kill an unborn child or end pregnancy, except when done to produce a live birth, preserve the pregnant woman's life or health, save the pregnant woman's life, or remove a dead unborn child
- **Down syndrome**: A chromosomal condition involving an extra copy of chromosome 21 (in whole or in part) or an effective trisomy for chromosome 21
- **Unborn child**: Any human individual from the beginning of biological development (including fertilization) until birth
- **Qualified plaintiff**: The woman having the abortion, her maternal grandparents (if she is a minor), the child's father (unless he caused the pregnancy through crime), or the Attorney General
Effective Date
Not specified in bill text
I
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. MIL-
LER 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 discrimi-
nation by abortion against an unborn child on the basis
of Down syndrome.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Protecting Individuals
4
with Down Syndrome Act’’.
5
SEC. 2. FINDINGS.
6
Congress finds the following:
7
(1) On June 24, 2022, the United States Su-
8
preme Court issued a decision in Dobbs v. Jackson
9
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•HR 461 IH
Women’s Health Organization (No. 19–1392, 2022
1
WL 2276808 (2022)), which overturned its prior,
2
egregiously wrong holding in Roe v. Wade (410 U.S.
3
113 (1973)).
4
(2) Dobbs correctly affirmed that there is no
5
constitutional right to abort an unborn child and
6
that the Court’s prior decision in Roe was not based
7
in the Constitution’s text nor was it deeply rooted in
8
the history and tradition of the United States.
9
(3) Federal law protects individuals with dis-
10
abilities against discrimination, including in the pro-
11
vision of medical care.
12
(4) As Congress has previously affirmed,
13
‘‘[d]isability is a natural part of the human experi-
14
ence and in no way diminishes the right of individ-
15
uals to live independently, enjoy self-determination,
16
make choices, contribute to society, pursue meaning-
17
ful careers, and enjoy full inclusion and integration
18
in the economic, political, social, and educational
19
mainstream of American society.’’.
20
(5) It is the policy of the United States to re-
21
spect the lives and the dignity of individuals with
22
disabilities, including individuals with Down syn-
23
drome.
24
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•HR 461 IH
(6) Federal, State, and local government all
1
have a role to play in preventing discrimination
2
based on disability, including discrimination against
3
individuals with Down syndrome.
4
(7) Consistent with the overarching Federal
5
policy of nondiscrimination, and in light of the
6
shameful history of targeting unborn children for
7
abortion based on race, gender, or disabilities, Con-
8
gress must combat invidious discrimination by pro-
9
hibiting doctors from aborting unborn children be-
10
cause the unborn child has been diagnosed with
11
Down syndrome.
12
(8) Tragically, in some countries that have
13
failed to protect unborn children diagnosed with
14
Down syndrome, virtually every unborn child diag-
15
nosed with Down syndrome is aborted.
16
(9) Individuals with Down syndrome are inher-
17
ently valuable and worthy of dignity and respect.
18
They enrich and strengthen our society in countless
19
ways, including but not limited to by building mean-
20
ingful relationships, participating in and creating
21
families, learning, and working alongside other
22
Americans.
23
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•HR 461 IH
SEC. 3. DISCRIMINATION BY ABORTION AGAINST AN UN-
1
BORN CHILD ON THE BASIS OF DOWN SYN-
2
DROME PROHIBITED.
3
(a) IN GENERAL.—Chapter 13 of title 18, United
4
States Code, is amended by adding at the end the fol-
5
lowing:
6
‘‘§ 250. Discrimination by abortion against an unborn
7
child on the basis of Down syndrome pro-
8
hibited
9
‘‘(a) DEFINITIONS.—In this section:
10
‘‘(1) ABORTION.—The term ‘abortion’ means
11
the act of using or prescribing any instrument, med-
12
icine, drug, or any other substance, device, or means
13
with the intent to—
14
‘‘(A) kill the unborn child of a woman
15
known to be pregnant; or
16
‘‘(B) terminate the pregnancy of a woman
17
known to be pregnant, with an intention other
18
than—
19
‘‘(i) to produce a live birth and pre-
20
serve the life and health of the child born
21
alive;
22
‘‘(ii) to save the life of the pregnant
23
woman; or
24
‘‘(iii) to remove a dead unborn child.
25
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•HR 461 IH
‘‘(2) DOWN SYNDROME.—The term ‘Down syn-
1
drome’ means a chromosomal disorder associated
2
with—
3
‘‘(A) an extra copy of the chromosome 21,
4
in whole or in part; or
5
‘‘(B) an effective trisomy for chromosome
6
21.
7
‘‘(3) QUALIFIED PLAINTIFF.—The term ‘quali-
8
fied plaintiff’ means—
9
‘‘(A) a woman upon whom an abortion is
10
performed or attempted in violation of this sec-
11
tion;
12
‘‘(B) a maternal grandparent of the un-
13
born child if the woman upon whom an abortion
14
is performed or attempted in violation of this
15
section is an unemancipated minor;
16
‘‘(C) the father of an unborn child who is
17
the subject of an abortion performed or at-
18
tempted in violation of this section unless the
19
pregnancy or abortion resulted from the crimi-
20
nal conduct of the father; or
21
‘‘(D) the Attorney General.
22
‘‘(4) UNBORN CHILD.—The term ‘unborn child’
23
means an individual of the species homo sapiens
24
from the beginning of the biological development of
25
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•HR 461 IH
that individual, including fertilization, until the point
1
of being born alive, as defined in section 8(b) of title
2
1.
3
‘‘(b) OFFENSE.—It shall be unlawful to—
4
‘‘(1) perform an abortion—
5
‘‘(A) with the knowledge that a pregnant
6
woman is seeking an abortion, in whole or in
7
part, on the basis of—
8
‘‘(i) a test result indicating that the
9
unborn child has Down syndrome;
10
‘‘(ii) a prenatal diagnosis that the un-
11
born child has Down syndrome; or
12
‘‘(iii) any other reason to believe that
13
the unborn child has or may have Down
14
syndrome; or
15
‘‘(B) without first—
16
‘‘(i) asking the pregnant woman if she
17
is aware of any test results, prenatal diag-
18
nosis, or any other evidence that the un-
19
born child has or may have Down syn-
20
drome; and
21
‘‘(ii) if the woman is aware that the
22
unborn child has or may have Down syn-
23
drome, informing the pregnant woman of
24
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•HR 461 IH
the prohibitions on abortion under this sec-
1
tion;
2
‘‘(2) use force or the threat of force to inten-
3
tionally injure or intimidate any person for the pur-
4
pose of coercing an abortion described in paragraph
5
(1)(A);
6
‘‘(3) solicit or accept funds for the performance
7
of an abortion described in paragraph (1)(A); or
8
‘‘(4) knowingly transport a woman into the
9
United States or across a State line for the purpose
10
of obtaining an abortion described in paragraph
11
(1)(A).
12
‘‘(c) CRIMINAL PENALTY.—Any person that violates,
13
or attempts to violate, subsection (b) shall be fined under
14
this title, imprisoned not more than 5 years, or both.
15
‘‘(d) CIVIL REMEDIES.—
16
‘‘(1) CIVIL ACTION BY WOMAN ON WHOM ABOR-
17
TION
IS
PERFORMED.—A woman upon whom an
18
abortion has been performed or attempted in viola-
19
tion of subsection (b)(2) may bring a civil action in
20
an appropriate court against any person who en-
21
gaged in a violation of subsection (b)(2) to obtain
22
appropriate relief.
23
‘‘(2) CIVIL ACTION BY RELATIVES.—
24
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•HR 461 IH
‘‘(A) IN GENERAL.—Except as provided in
1
subparagraph (B), the father of an unborn
2
child who is the subject of an abortion per-
3
formed or attempted in violation of subsection
4
(b), or a maternal grandparent of the unborn
5
child
if
the
pregnant
woman
is
an
6
unemancipated minor, may bring a civil action
7
in an appropriate court against any person who
8
engaged in the violation to obtain appropriate
9
relief.
10
‘‘(B)
EXCEPTIONS.—Subparagraph
(A)
11
shall not apply if—
12
‘‘(i) the pregnancy or abortion re-
13
sulted from the criminal conduct of the
14
plaintiff described in subparagraph (A); or
15
‘‘(ii) the plaintiff described in sub-
16
paragraph (A) consented to the abortion.
17
‘‘(3) APPROPRIATE RELIEF.—Appropriate relief
18
in a civil action under this subsection includes—
19
‘‘(A) objectively verifiable money damages
20
for all injuries, psychological and physical, in-
21
cluding loss of companionship and support, oc-
22
casioned by the violation of this section; and
23
‘‘(B) punitive damages.
24
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•HR 461 IH
‘‘(4) INJUNCTIVE RELIEF.—A qualified plaintiff
1
may bring a civil action in an appropriate court to
2
obtain injunctive relief to prevent an abortion pro-
3
vider from performing or attempting further abor-
4
tions in violation of this section.
5
‘‘(5) ATTORNEY’S FEES FOR PLAINTIFF.—The
6
court shall award a reasonable attorney’s fee as part
7
of the costs to a prevailing plaintiff in a civil action
8
under this subsection.
9
‘‘(e) BAR TO PROSECUTION.—A woman upon whom
10
an abortion is performed may not be prosecuted or held
11
civilly liable for any violation of this section or for a con-
12
spiracy to violate this section.
13
‘‘(f) LOSS OF FEDERAL FUNDING.—A violation of
14
subsection (b) shall be deemed discrimination for the pur-
15
poses of section 504 of the Rehabilitation Act of 1973 (29
16
U.S.C. 794).
17
‘‘(g) REPORTING REQUIREMENT.—
18
‘‘(1) IN GENERAL.—A physician, physician’s as-
19
sistant, nurse, counselor, or other medical or mental
20
health professional shall report known or suspected
21
violations of any of this section to appropriate law
22
enforcement authorities.
23
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•HR 461 IH
‘‘(2) CRIMINAL PENALTY.—Any person who vio-
1
lates paragraph (1) shall be fined under this title,
2
imprisoned not more than 1 year, or both.
3
‘‘(h) EXPEDITED CONSIDERATION.—It shall be the
4
duty of the district courts of the United States, the courts
5
of appeals of the United States, and the Supreme Court
6
of the United States to advance on the docket and to expe-
7
dite to the greatest possible extent the disposition of any
8
matter brought under this section.
9
‘‘(i) PROTECTION
OF PRIVACY
IN COURT PRO-
10
CEEDINGS.—
11
‘‘(1) IN GENERAL.—Except to the extent the
12
Constitution of the United States or other similarly
13
compelling reason requires, in every civil or criminal
14
action under this section, the court shall make such
15
orders as are necessary to protect the anonymity of
16
any woman upon whom an abortion has been per-
17
formed or attempted if she does not give her written
18
consent to such disclosure. Such orders may be
19
made upon motion, but shall be made sua sponte if
20
not otherwise sought by a party.
21
‘‘(2) ORDERS
TO
PARTIES, WITNESSES, AND
22
COUNSEL.—The court shall issue appropriate orders
23
to the parties, witnesses, and counsel and shall di-
24
rect the sealing of the record and exclusion of indi-
25
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•HR 461 IH
viduals from courtrooms or hearing rooms to the ex-
1
tent necessary to safeguard the identity of a woman
2
described in paragraph (1) from public disclosure.
3
‘‘(3) PSEUDONYM REQUIRED.—In the absence
4
of written consent of the woman upon whom an
5
abortion has been performed or attempted, any
6
party, other than a public official, who brings an ac-
7
tion under this section shall do so under a pseu-
8
donym.
9
‘‘(4) LIMITATION.—This subsection may not be
10
construed to conceal the identity of the plaintiff or
11
of witnesses from the defendant or from attorneys
12
for the defendant.
13
‘‘(j) RULE OF CONSTRUCTION.—
14
‘‘(1) GREATER PROTECTION.—Nothing in this
15
section may be construed to pre-empt or limit any
16
Federal, State, or local law that provides greater
17
protections for an unborn child than those provided
18
in this section.
19
‘‘(2) CREATING
OR
RECOGNIZING
RIGHT.—
20
Nothing in this section shall be construed as cre-
21
ating or recognizing a right to abortion nor shall it
22
make lawful an abortion that is otherwise unlawful
23
under Federal, State, or local law.’’.
24
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•HR 461 IH
(b) CLERICAL AMENDMENT.—The table of sections
1
of chapter 13 of title 18, United States Code, is amended
2
by adding at the end the following:
3
‘‘250. Discrimination by abortion against an unborn child on the basis of Down
syndrome prohibited.’’.
SEC. 4. SEVERABILITY.
4
If any portion of this Act, or the amendments made
5
by this Act, or the application thereof to any person or
6
circumstance is held invalid, such invalidity shall not af-
7
fect the portions or applications of this Act which can be
8
given effect without the invalid portion or application.
9
Æ
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