H.R. 461House118th Congress (2023-2025)In Committee

Protecting Individuals with Down Syndrome Act

Sponsored by Ron EstesRep. Ron Estes (R-KS)
Introduced January 24, 2023

AI-Generated Summary

Updated January 20, 2026 at 2:25 AM UTC

The Protecting Individuals with Down Syndrome Act adds a new federal crime that bars doctors from performing or facilitating abortions when the reason is a diagnosis of Down syndrome. It applies to any abortion provider, as well as anyone who coerces, funds, or transports a woman for such an abortion. The law also creates civil remedies for the woman, the father, or certain grandparents, and includes reporting and privacy protections.

Key Provisions

  • Amends Title 18, U.S. Code by adding Sec. 250 that makes it unlawful to abort an unborn child because of a Down‑syndrome diagnosis, with penalties up to five years imprisonment and fines.
  • Defines key terms such as “abortion,” “Down syndrome,” “qualified plaintiff,” and “unborn child” to clarify the scope of the prohibition.
  • Allows civil lawsuits by the woman, the father, or a grandparent of an un‑emancipated minor, seeking damages, punitive damages, injunctive relief, and attorney’s fees.
  • Requires health‑care professionals to report suspected violations and provides a one‑year imprisonment penalty for failure to report.
  • Mandates privacy protections in court, including anonymity for the woman unless she consents, and permits expedited handling of related cases.

Legislative Activity

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1 earlier action
HouseIntro Referral Latest Action

Referred to the House Committee on the Judiciary.

January 24, 2023

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HouseIntro Referral

Introduced in House

January 24, 2023

HouseIntro Referral

Referred to the House Committee on the Judiciary.

January 24, 2023

Floor Debate

15 members

What members said about H.R. 461 on the floor

7 Republicans8 Democrats
James P. McGovern
Rep. James P. McGovernD-MA-2 · Jun 21, 2023

Mr. Speaker, I thank the gentleman from Texas for yielding me the customary 30 minutes, and I yield myself such time as I may consume. Mr. Speaker, Republicans are in charge of the House of…

Michael C. Burgess
Rep. Michael C. BurgessR-TX-26 · Jun 21, 2023

Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 524 and ask for its immediate consideration. Mr. Speaker, for the purpose of debate only, I yield the customary 30…

Virginia Foxx
Rep. Virginia FoxxR-NC-5 · Jun 22, 2023

Madam Speaker, pursuant to House Resolution 524, I call up the resolution (H. Res. 461) condemning the use of elementary and secondary school facilities to provide shelter for aliens who are not…

Sheila Jackson Lee
Rep. Sheila Jackson LeeD-TX-18 · Jun 22, 2023

Madam Speaker, I thank the gentleman and, of course, the chairwoman, as well, for their leadership. Madam Speaker, just a few minutes ago, we were on the floor discussing an impeachment of the…

Robert C. "Bobby" Scott
Rep. Robert C. "Bobby" ScottD-VA-3 · Jun 22, 2023

Madam Speaker, I yield myself such time as I may consume. Madam Speaker, I rise in opposition to H. Res. 461. Like clockwork, we are here, yet again, taking up another proposal that, among other…

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Nicole Malliotakis
Rep. Nicole MalliotakisR-NY-11 · Jun 22, 2023

Madam Speaker, I thank the chairwoman for yielding me some time. Madam Speaker, as a Representative in New York City, I am all too familiar, unfortunately, with this situation. Quite frankly, this is…

Suzanne Bonamici
Rep. Suzanne BonamiciD-OR-1 · Jun 22, 2023

Madam Speaker, I thank the ranking member for yielding. Madam Speaker, I rise in strong opposition to H. Res. 461, a harmful resolution that condemns public schools for showing humanity in helping…

Teresa Leger Fernandez
Rep. Teresa Leger FernandezD-NM-3 · Jun 21, 2023

Mr. Speaker, I too rise in opposition to the rule and the underlying bills. As our ranking member pointed out, these bills do nothing to solve the problems that Americans are asking us to face. For…

Brandon Williams
Rep. Brandon WilliamsR-NY-22 · Jun 22, 2023

Madam Speaker, for the past 2 years, every State has become a border State, and each has felt the pressures of illegal immigration. This past month, 10,000 migrants have illegally entered our country…

Eric Sorensen
Rep. Eric SorensenD-IL-17 · Jun 21, 2023

Mr. Speaker, I stand today in strong support of Social Security and the invaluable role that it plays in the lives of more than 2.2 million people in Illinois and over 150,000 of our neighbors and…

Mariannette Miller-Meeks
Rep. Mariannette Miller-MeeksR-IA-1 · Jun 22, 2023

Madam Speaker, I thank my colleague, Chair Foxx, for yielding me time. I rise today in support of my resolution, H. Res. 461, which bans the Biden administration from using schools to house illegal…

Anthony D'Esposito
Rep. Anthony D'EspositoR-NY-4 · Jun 22, 2023

Madam Speaker, I thank the chairwoman for yielding. Madam Speaker, I rise today in support of H. Res. 461, legislation that formally condemns the use of public elementary and secondary schools as…

Nicholas A. Langworthy
Rep. Nicholas A. LangworthyR-NY-23 · Jun 21, 2023

Mr. Speaker, five counties in my district have declared a state of emergency in response to the influx of migrants since title 42 ended. These five counties didn't declare a state of emergency out of…

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Delia C. Ramirez
Rep. Delia C. RamirezD-IL-3 · Jun 22, 2023

Madam Speaker, today I stand here opposing the GOP's hateful resolution to condemn the use of schools as shelter for immigrants. For years, schools have sheltered people during emergencies, and we…

Jesús G. "Chuy" García
Rep. Jesús G. "Chuy" GarcíaD-IL-4 · Jun 22, 2023

Madam Speaker, I rise today to speak against the latest Republican attempt to vilify and scapegoat immigrants. A few weeks ago it was H.R. 2, the child deportation act, and now it is H. Res. 461. It…

Bill Text

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Introduced in HouseIssued January 24, 2023

I

118th CONGRESS

1st Session

H. R. 461

IN THE HOUSE OF REPRESENTATIVES

January 24, 2023

Mr. Estes (for himself, Mr. Aderholt, Mr. Banks, Mr. Feenstra, Mr. Gaetz, Mr. Higgins of Louisiana, Mr. Kelly of Mississippi, Mrs. Miller of Illinois, Mr. Smith of New Jersey, and Mr. Stauber) 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.

1.

Short title

This Act may be cited as the Protecting Individuals with Down Syndrome Act.

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.

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:

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.

.

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.