Alan Guttmacher Institute (formerly the re-
search arm of Planned Parenthood) to the Na-
tional Vital Statistics annual reports showing 
the number of deaths by cause and race. The 
numbers for each of these variables have re-
mained relatively constant from year to year, 
since 2005. 
(F) Only one State, Arizona, has enacted 
law to proscribe the performance of race-selec-
tion abortions. 
(G) Race-selection abortions have the ef-
fect of diminishing the number of minorities in 
the American population and therefore, the 
American electorate. 
(H) Race-selection abortion reinforces ra-
cial discrimination and has no place in a civ-
ilized society. 
(3) GENERAL FINDINGS.— 
(A) The history of the United States in-
cludes examples of both sex discrimination and 
race discrimination. The people of the United 
States ultimately responded in the strongest 
possible legal terms by enacting constitutional 
amendments correcting elements of such dis-
crimination. Women, once subjected to sex dis-
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crimination that denied them the right to vote, 
now have suffrage guaranteed by the 19th 
Amendment. African-Americans, once subjected 
to race discrimination through slavery that de-
nied them equal protection of the laws, now 
have that right guaranteed by the 14th Amend-
ment. The elimination of discriminatory prac-
tices has been and is among the highest prior-
ities and greatest achievements of American 
history. 
(B) Implicitly approving the discriminatory 
practices of sex-selection abortion and race-se-
lection abortion by choosing not to prohibit 
them will reinforce these inherently discrimina-
tory practices, and evidence a failure to protect 
a segment of certain unborn Americans because 
those unborn are of a sex or racial makeup that 
is disfavored. Sex-selection and race-selection 
abortions trivialize the value of the unborn on 
the basis of sex or race, reinforcing sex and 
race discrimination, and coarsening society to 
the humanity of all vulnerable and innocent 
human life, making it increasingly difficult to 
protect such life. Thus, Congress has a compel-
ling interest in acting—indeed it must act—to 
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prohibit sex-selection abortion and race-selec-
tion abortion. 
(b) CONSTITUTIONAL AUTHORITY.—In accordance 
with the above findings, Congress enacts the following 
pursuant to Congress’ power under— 
(1) the Commerce Clause; 
(2) section 2 of the 13th Amendment; 
(3) section 5 of the 14th Amendment, including 
the power to enforce the prohibition on government 
action denying equal protection of the laws; and 
(4) section 8 of article I to make all laws nec-
essary and proper for the carrying into execution of 
powers vested by the Constitution in the Govern-
ment of the United States. 
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: 
‘‘§ 250. 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 
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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; 
‘‘(3) solicits or accepts funds for the perform-
ance of a sex-selection abortion or a race-selection 
abortion; or 
‘‘(4) transports a woman into the United States 
or across a State line for the purpose of obtaining 
a sex-selection abortion or race-selection abortion; 
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) CIVIL ACTION BY WOMAN ON WHOM ABOR-
TION
IS
PERFORMED.—A woman upon whom an 
abortion has been performed or attempted in viola-
tion of subsection (a)(2) may in a civil action 
against any person who engaged in a violation of 
subsection (a) obtain appropriate relief. 
‘‘(2) CIVIL ACTION BY RELATIVES.—The father 
of an unborn child who is the subject of an abortion 
performed or attempted in violation of subsection 
(a), or a maternal grandparent of the unborn child 
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if the pregnant woman is an unemancipated minor, 
may in a civil action against any person who en-
gaged in the violation, obtain appropriate relief, un-
less the pregnancy or abortion resulted from the 
plaintiff’s criminal conduct or the plaintiff 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, in-
cluding loss of companionship and support, oc-
casioned by the violation of this section; and 
‘‘(B) punitive damages. 
‘‘(4) INJUNCTIVE RELIEF.— 
‘‘(A) IN
GENERAL.—A qualified plaintiff 
may in a civil action obtain injunctive relief to 
prevent an abortion provider from performing 
or attempting further abortions in violation of 
this section. 
‘‘(B) DEFINITION.—In this paragraph the 
term ‘qualified plaintiff’ means— 
‘‘(i) a woman upon whom an abortion 
is performed or attempted in violation of 
this section; 
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‘‘(ii) a maternal grandparent of the 
unborn child if the woman upon whom an 
abortion is performed or attempted in vio-
lation of this section is an unemancipated 
minor; 
‘‘(iii) the father of an unborn child 
who is the subject of an abortion per-
formed or attempted in violation of sub-
section (a); or 
‘‘(iv) the Attorney General. 
‘‘(5) ATTORNEYS 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. 
‘‘(c) 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. 
‘‘(d) 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 discrimination 
prohibited by section 601 of that Act. 
‘‘(e) REPORTING REQUIREMENT.—A physician, phy-
sician’s assistant, nurse, counselor, or other medical or 
mental health professional shall report known or suspected 
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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. 
‘‘(f) 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. 
‘‘(g) PROTECTION
OF PRIVACY
IN COURT PRO-
CEEDINGS.— 
‘‘(1) IN GENERAL.—Except to the extent the 
Constitution or other similarly compelling reason re-
quires, in every civil or criminal action under this 
section, the court shall make such orders as are nec-
essary 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 dis-
closure. 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 di-
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rect the sealing of the record and exclusion of indi-
viduals from courtrooms or hearing rooms to the ex-
tent necessary to safeguard the identity of the 
woman described in paragraph (1) from public dis-
closure. 
‘‘(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 ac-
tion under this section shall do so under a pseu-
donym. 
‘‘(4) LIMITATION.—This subsection shall not be 
construed to conceal the identity of the plaintiff or 
of witnesses from the defendant or from attorneys 
for the defendant. 
‘‘(h) DEFINITION.—In this section— 
‘‘(1) the term ‘abortion’ means the act of using 
or prescribing any instrument, medicine, drug, or 
any other substance, device, or means with the in-
tent to terminate the clinically diagnosable preg-
nancy of a woman, with knowledge that the termi-
nation by those means will with reasonable likelihood 
cause the death of the unborn child, unless the act 
is done with the intent to— 
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‘‘(A) save the life or preserve the health of 
the unborn child; 
‘‘(B) remove a dead unborn child caused 
by spontaneous abortion; or 
‘‘(C) remove an ectopic pregnancy; 
‘‘(2) the term ‘sex-selection abortion’ means an 
abortion undertaken for purposes of eliminating an 
unborn child of an undesired sex; and 
‘‘(3) the term ‘race-selection abortion’ means an 
abortion performed for purposes of eliminating an 
unborn child because the child or a parent of the 
child is of an undesired race.’’. 
(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 249 the following new item: 
‘‘250. 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 
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