Protecting Individuals with Down Syndrome Act

Subjects: Crime and Law Enforcement, Abortion, Birth defects, Civil actions and liability, Criminal investigation, prosecution, interrogation, Disability and health-based discrimination, Health information and medical records, Health personnel, Right of privacy

Summary:  <p><b>Protecting Individuals with Down Syndrome Act</b></p> <p> This bill creates new federal crimes related to the performance of an abortion on an unborn child who has Down syndrome.</p> <p>It subjects a violator to criminal penalties&#8212;a fine, a prison term of up to five years, or both.</p> <p>It also authorizes civil remedies, including damages and injunctive relief.</p> <p>A woman who undergoes such an abortion may not be prosecuted or held civilly liable.</p>

<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 18 Introduced in Senate (IS)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                 S. 18

 To amend title 18, United States Code, to prohibit discrimination by 
    abortion against an unborn child on the basis of Down syndrome.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

             January 23 (legislative day, January 3), 2023

 Mr. Daines (for himself, Mrs. Hyde-Smith, Mr. Cramer, Mr. Rubio, Mr. 
Hoeven, Mr. Wicker, Mr. Scott of Florida, Mr. Lankford, Mr. Risch, Mr. 
Braun, Mr. Barrasso, Mr. Cruz, Ms. Lummis, Mr. Hagerty, Mr. Mullin, Mr. 
Vance, Mr. Marshall, Mr. Cotton, Mrs. Blackburn, Mr. Thune, Mrs. Britt, 
 Mr. Boozman, and Mr. Hawley) introduced the following bill; which was 
       read twice and 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 
        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.
                                 &lt;all&gt;
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