H.R. 2251 — Protecting Individuals with Down Syndrome Act

This section states nine congressional findings concerning the Supreme Court's Dobbs v. Jackson Women’s Health Organization decision overturning Roe v. Wade; the lack of a constitutional right to abortion; federal protections against disability discrimination in medical care; U.S. policy respecting the dignity of individuals with disabilities, including those with Down syndrome; the role of governments in preventing such discrimination; the history of targeting unborn children for abortion based on race, gender, or disability; abortion rates for Down syndrome diagnoses in certain foreign countries; and the societal value of individuals with Down syndrome.

This section adds §250 to chapter 13 of title 18, United States Code, prohibiting (1) performing an abortion with knowledge that it is sought, in whole or in part, on the basis of a test result, prenatal diagnosis, or other reason to believe the unborn child has Down syndrome (i.e., trisomy 21), unless the woman is first informed of the prohibition if aware of such evidence; (2) coercing such an abortion through force or threats; (3) soliciting or accepting funds for such an abortion; or (4) knowingly transporting a woman across state lines or into the United States for such an abortion—with penalties of a fine, imprisonment for up to 5 years, or both. It further (5) authorizes civil actions by qualified plaintiffs (i.e., the woman, father unless responsible for the pregnancy via criminal conduct, maternal grandparent if the woman is an unemancipated minor, or Attorney General) against violators for damages (including punitive), injunctive relief to prevent future violations, and attorney's fees; (6) requires physicians, nurses, counselors, and other medical or mental health professionals to report known or suspected violations to law enforcement (with penalties of a fine, imprisonment for up to 1 year, or both); (7) bars prosecution or civil liability of women upon whom such abortions are performed; and (8) deems violations to be discrimination for purposes of Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794). (As background, Section 504 prohibits discrimination against qualified individuals with disabilities in programs or activities receiving federal financial assistance. Thus, violators risk termination of such funding.)

This section provides that if any provision of the Act or its amendments, or its application to any person or circumstance, is held invalid, the remainder of the Act remains in effect.