amendment and section 5 of the 14th amendment to en-
force those amendments, including the prohibition on gov-
ernment action denying equal protection of the laws, and 
the power to pass all legislation necessary and proper for 
the carrying into execution of these powers. 
SEC. 3. DISCRIMINATION AGAINST THE UNBORN ON THE 
BASIS OF RACE OR SEX. 
(a) IN GENERAL.—Chapter 13 of title 18, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 249. Discrimination against the unborn on the 
basis of race or sex 
‘‘(a) IN GENERAL.—Whoever knowingly— 
‘‘(1) performs an abortion knowing that such 
abortion is sought based on the sex, gender, color or 
race of the child, or the race of a parent of that 
child; 
‘‘(2) uses force or the threat of force to inten-
tionally injure or intimidate any person for the pur-
pose of coercing a sex-selection or race-selection 
abortion; or 
‘‘(3) solicits or accepts funds for the purpose of 
financing a sex-selection abortion or a race-selection 
abortion; 
VerDate Nov 24 2008 
00:05 Apr 02, 2009
Jkt 079200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H1822.IH
H1822
rfrederick on PROD1PC67 with BILLS
or attempts to do so, shall be fined under this title or im-
prisoned not more than 5 years, or both. 
‘‘(b) CIVIL REMEDIES.— 
‘‘(1) INJUNCTIVE RELIEF.—The Attorney Gen-
eral may in a civil action obtain appropriate prospec-
tive injunctive relief to enjoin a violation of sub-
section (a). 
‘‘(2) LOSS OF FEDERAL FUNDING.—A violation 
of subsection (a) shall be deemed for the purposes 
of title VI of the Civil Rights Act of 1964 to be dis-
crimination prohibited by section 601 of that Act. 
‘‘(3) PRIVATE CAUSE OF ACTION.—The father, 
if married to the mother at the time she receives a 
sex-selection abortion or a race-selection abortion, 
or, if the mother has not attained the age of 18 
years at the time of the abortion, the maternal 
grandparents of the unborn, may on behalf of the 
unborn in a civil action obtain appropriate relief 
with respect to a violation of subsection (a). The 
court may award a reasonable attorney’s fee as part 
of the costs in an action under this paragraph. Ap-
propriate relief includes money damages for all inju-
ries (whether psychological, physical, or financial, in-
cluding loss of companionship and support) occa-
sioned by the violation. 
VerDate Nov 24 2008 
00:05 Apr 02, 2009
Jkt 079200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H1822.IH
H1822
rfrederick on PROD1PC67 with BILLS
‘‘(c) REPORTING REQUIREMENT.—A physician, phy-
sician’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 enforce-
ment authorities. Whoever violates this requirement shall 
be fined under this title or imprisoned not more than 1 
year, or both. 
‘‘(d) 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 
greatest possible extent the disposition of any matter 
brought under this section. 
‘‘(e) 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. 
‘‘(f) 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— 
VerDate Nov 24 2008 
00:05 Apr 02, 2009
Jkt 079200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H1822.IH
H1822
rfrederick on PROD1PC67 with BILLS
‘‘(1) save the life or preserve the health of the 
unborn child; 
‘‘(2) remove a dead unborn child caused by 
spontaneous 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 sec-
tion 248 the following new item: 
‘‘249. 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 
Act which can be given effect without the invalid portion 
or application. 
Æ 
VerDate Nov 24 2008 
00:05 Apr 02, 2009
Jkt 079200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6301
E:\BILLS\H1822.IH
H1822
rfrederick on PROD1PC67 with BILLS