,i #aafth ,,congress #ast ,session ,h4 ,r4 #dijc ,,in ,,the ,,house ,,of ,,representatives ,october #bi1 #bjai,mr4 ,estes 7for himself1 ,mr4 ,abraham1 ,mr4 ,aderholt1 ,mr4 ,allen1 ,mr4 ,babin1 ,mr4 ,banks1 ,mr4 ,brady1 ,mr4 ,fleischmann1 ,mr4 ,gaetz1 ,mr4 ,gianforte1 ,mr4 ,harris1 ,mr4 ,kevin ,hern of ,oklahoma1 ,mr4 ,king of ,iowa1 ,mr4 ,lamborn1 ,mr4 ,latta1 ,mr4 ,marchant1 ,mr4 ,marshall1 ,mr4 ,meadows1 ,mr4 ,mooney of ,west ,virginia1 ,mr4 ,norman1 ,mr4 ,roy1 ,mr4 ,smith of ,new ,jersey1 ,mr4 ,stauber1 ,mr4 ,watkins1 ,mr4 ,weber of ,texas1 ,mr4 ,westerman1 ,mr4 ,williams1 ,mr4 ,shimkus1 ,mr4 ,hice of ,georgia1 ,mr4 ,cline1 ,mr4 ,luetkemeyer1 ,mr4 ,crawford1 and ,mr4 ,johnson of ,louisiana7 introduced the following bill2 which was referred to the ,committee on the ,judiciary ,a ,,bill ,to amend title #ah1 ,united ,states ,code1 to prohibit discrimination by abortion against an unborn child on the basis of ,down syndrome4 #a4 ,short title ,this ,act may be cited as the ,down ,syndrome ,discrimination by ,abortion ,prohibition ,act4 #b4 ,discrimination by abortion against an unborn child on the basis of ,down syndrome prohibited 7a7 ,in general ,chapter #ac of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 #bej4 ,discrimination by abortion against an unborn child on the basis of ,down syndrome prohibited 7a7 ,definitions ,in this section3 7#a7 ,abortion ,the term abortion means the act of using or prescribing any instrument1 medicine1 drug1 or any other substance1 device1 or means with the intent to-- 7,a7 kill the unborn child of a woman known to be pregnant2 or 7,b7 terminate the pregnancy of a woman known to be pregnant1 with an intention other than-- 7i7 to produce a live birth and preserve the life and health of the child born alive2 7ii7 to save the life of the pregnant woman2 or 7iii7 to remove a dead unborn child4 7#b7 ,down syndrome ,the term ,down syndrome means a chromosomal disorder associated with-- 7,a7 an extra copy of the chromosome #ba1 in whole or in part2 or 7,b7 an effective trisomy for chromosome #ba4 7#c7 ,qualified plaintiff ,the term qualified plaintiff means-- 7,a7 a woman upon whom an abortion is performed or attempted in violation of this section2 7,b7 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 minor2 7,c7 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 father2 or 7,d7 the ,attorney ,general4 7#d7 ,unborn child ,the term unborn child means an individual of the species homo sapiens from the beginning of the biological development of that individual1 including fertilization1 until the point of being born alive1 as defined in section #h7;b7 of title #a4 7b7 ,offense ,it shall be unlawful to-- 7#a7 perform an abortion-- 7,a7 with the knowledge that a pregnant woman is seeking an abortion1 in whole or in part1 on the basis of-- 7i7 a test result indicating that the unborn child has ,down syndrome2 7ii7 a prenatal diagnosis that the unborn child has ,down syndrome2 or 7iii7 any other reason to believe that the unborn child has or may have ,down syndrome2 or 7,b7 without first-- 7i7 asking the pregnant woman if she is aware of any test results1 prenatal diagnosis1 or any other evidence that the unborn child has or may have ,down syndrome2 and 7ii7 if the woman is aware that the unborn child has or may have ,down syndrome1 informing the pregnant woman of the prohibitions on abortion under this section2 7#b7 use force or the threat of force to intentionally injure or intimidate any person for the purpose of coercing an abortion described in paragraph 7#a77;,a72 7#c7 solicit or accept funds for the performance of an abortion described in paragraph 7#a77;,a72 or 7#d7 knowingly transport a woman into the ,united ,states or across a ,state line for the purpose of obtaining an abortion described in paragraph 7#a77;,a74 7c7 ,criminal penalty ,any person that violates1 or attempts to violate1 subsection 7b7 shall be fined under this title1 imprisoned not more than #e years1 or both4 7d7 ,civil remedies 7#a7 ,civil action by woman on whom abortion is performed ,a woman upon whom an abortion has been performed or attempted in violation of subsection 7b77#b7 may bring a civil action in an appropriate court against any person who engaged in a violation of subsection 7b77#b7 to obtain appropriate relief4 7#b7 ,civil action by relatives 7,a7 ,in general ,except as provided in subparagraph 7,b71 the father of an unborn child who is the subject of an abortion performed or attempted in violation of subsection 7b71 or a maternal grandparent of the unborn child if the pregnant woman is an unemancipated minor1 may bring a civil action in an appropriate court against any person who engaged in the violation to obtain appropriate relief4 7,b7 ,exceptions ,subparagraph 7,a7 shall not apply if-- 7i7 the pregnancy or abortion resulted from the criminal conduct of the plaintiff described in subparagraph 7,a72 or 7ii7 the plaintiff described in subparagraph 7,a7 consented to the abortion4 7#c7 ,appropriate relief ,appropriate relief in a civil action under this subsection includes-- 7,a7 objectively verifiable money damages for all injuries1 psychological and physical1 including loss of companionship and support1 occasioned by the violation of this section2 and 7,b7 punitive damages4 7#d7 ,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 section4 7#e7 ,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 subsection4 7e7 ,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 section4 7f7 ,loss of ,federal funding ,a violation of subsection 7b7 shall be deemed discrimination for the purposes of section #ejd of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gid74 7g7 ,reporting requirement 7#a7 ,in general ,a physician1 physician's assistant1 nurse1 counselor1 or other medical or mental health professional shall report known or suspected violations of any of this section to appropriate law enforcement authorities4 7#b7 ,criminal penalty ,any person who violates paragraph 7#a7 shall be fined under this title1 imprisoned not more than #a year1 or both4 7h7 ,expedited consideration ,it shall be the duty of the district courts of the ,united ,states1 the courts of appeals of the ,united ,states1 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 section4 7i7 ,protection of privacy in court proceedings 7#a7 ,in general ,except to the extent the ,constitution of the ,united ,states or other similarly compelling reason requires1 in every civil or criminal action under this section1 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 disclosure4 ,such orders may be made upon motion1 but shall be made sua sponte if not otherwise sought by a party4 7#b7 ,orders to parties1 witnesses1 and counsel ,the court shall issue appropriate orders to the parties1 witnesses1 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 7#a7 from public disclosure4 7#c7 ,pseudonym required ,in the absence of written consent of the woman upon whom an abortion has been performed or attempted1 any party1 other than a public official1 who brings an action under this section shall do so under a pseudonym4 7#d7 ,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 defendant4 4 7b7 ,clerical amendment ,the table of sections of chapter #ac of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 #bej4 ,discrimination by abortion against an unborn child on the basis of ,down syndrome prohibited4 4 #c4 ,severability ,if any portion of this ,act1 or the amendments made by this ,act1 or the application thereof to any person or circumstance is held invalid1 such invalidity shall not affect the portions or applications of this ,act which can be given effect without the invalid portion or application4