119-hr2251

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2251 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 2251

 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

 March 21, 2025

 Mr. Estes 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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