S. 205 — Protecting Individuals with Down Syndrome Act

This section states congressional findings concerning the Supreme Court's Dobbs v. Jackson Women’s Health Organization decision overturning Roe v. Wade; federal protections against disability discrimination, including for individuals with Down syndrome; the value and societal contributions of persons with Down syndrome; and the need to prohibit abortions of unborn children based on a Down syndrome diagnosis.

This section adds a new section 251 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, unless the pregnant woman is first informed of the prohibition if aware of such evidence; (2) using force or threats to coerce such an abortion; (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. Violations are punishable by a fine, imprisonment for up to 5 years, or both; medical professionals who knowingly fail to report violations face a fine, imprisonment for up to 1 year, or both. The section authorizes civil actions by qualified plaintiffs (i.e., the woman, a maternal grandparent if she is an unemancipated minor, the father unless exceptions apply, or the Attorney General) for damages (including psychological, physical, loss of companionship), punitive damages, injunctive relief, and attorney's fees; bars prosecution of the woman upon whom the abortion is performed; and requires expedited judicial consideration. A violation is deemed 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, entities receiving such assistance that violate this section are subject to enforcement actions, including potential loss of funding.)

This section provides a severability clause, stating that the invalidity of any portion of the Act or its amendments—or their application to any person or circumstance—does not affect the remaining provisions that can be given effect on their own.