I 
119TH CONGRESS 
1ST SESSION H. R. 2251 
To amend title 18, United States Code, to prohibit discrimination by abortion 
against an unborn child on the basis of Down syndrome. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 21, 2025 
Mr. ESTES introduced the following bill; which was referred to the Committee 
on the Judiciary 
A BILL 
To amend title 18, United States Code, to prohibit discrimi-
nation by abortion against an unborn child on the basis 
of Down syndrome. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Protecting Individuals 
with Down Syndrome Act’’. 
SEC. 2. FINDINGS. 
Congress finds the following: 
(1) On June 24, 2022, the United States Su-
preme Court issued a decision in Dobbs v. Jackson 
Women’s Health Organization (No. 19–1392, 2022 
VerDate Sep 11 2014 
01:31 Mar 29, 2025
Jkt 059200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H2251.IH
H2251
ssavage on LAPJG3WLY3PROD with BILLS
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 dis-
abilities against discrimination, including in the pro-
vision of medical care. 
(4) As Congress has previously affirmed, 
‘‘[d]isability is a natural part of the human experi-
ence and in no way diminishes the right of individ-
uals to live independently, enjoy self-determination, 
make choices, contribute to society, pursue meaning-
ful 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 re-
spect the lives and the dignity of individuals with 
disabilities, including individuals with Down syn-
drome. 
(6) Federal, State, and local government all 
have a role to play in preventing discrimination 
VerDate Sep 11 2014 
01:31 Mar 29, 2025
Jkt 059200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H2251.IH
H2251
ssavage on LAPJG3WLY3PROD with BILLS
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, Con-
gress must combat invidious discrimination by pro-
hibiting doctors from aborting unborn children be-
cause 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 diag-
nosed with Down syndrome is aborted. 
(9) Individuals with Down syndrome are inher-
ently valuable and worthy of dignity and respect. 
They enrich and strengthen our society in countless 
ways, including but not limited to by building mean-
ingful relationships, participating in and creating 
families, learning, and working alongside other 
Americans. 
VerDate Sep 11 2014 
01:31 Mar 29, 2025
Jkt 059200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H2251.IH
H2251
ssavage on LAPJG3WLY3PROD with BILLS
SEC. 3. DISCRIMINATION BY ABORTION AGAINST AN UN-
BORN CHILD ON THE BASIS OF DOWN SYN-
DROME PROHIBITED. 
(a) IN GENERAL.—Chapter 13 of title 18, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 250. Discrimination by abortion against an unborn 
child on the basis of down syndrome pro-
hibited 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) ABORTION.—The term ‘abortion’ means 
the act of using or prescribing any instrument, med-
icine, 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 pre-
serve 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. 
VerDate Sep 11 2014 
01:31 Mar 29, 2025
Jkt 059200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H2251.IH
H2251
ssavage on LAPJG3WLY3PROD with BILLS
‘‘(2) DOWN SYNDROME.—The term ‘Down syn-
drome’ 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 ‘quali-
fied plaintiff’ means— 
‘‘(A) a woman upon whom an abortion is 
performed or attempted in violation of this sec-
tion; 
‘‘(B) a maternal grandparent of the un-
born 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 at-
tempted in violation of this section unless the 
pregnancy or abortion resulted from the crimi-
nal 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 
VerDate Sep 11 2014 
01:31 Mar 29, 2025
Jkt 059200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H2251.IH
H2251
ssavage on LAPJG3WLY3PROD with BILLS
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 un-
born 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 diag-
nosis, or any other evidence that the un-
born child has or may have Down syn-
drome; and 
‘‘(ii) if the woman is aware that the 
unborn child has or may have Down syn-
drome, informing the pregnant woman of 
VerDate Sep 11 2014 
01:31 Mar 29, 2025
Jkt 059200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H2251.IH
H2251
ssavage on LAPJG3WLY3PROD with BILLS
the prohibitions on abortion under this sec-
tion; 
‘‘(2) use force or the threat of force to inten-
tionally injure or intimidate any person for the pur-
pose 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 ABOR-
TION
IS
PERFORMED.—A woman upon whom an 
abortion has been performed or attempted in viola-
tion of subsection (b)(2) may bring a civil action in 
an appropriate court against any person who en-
gaged in a violation of subsection (b)(2) to obtain 
appropriate relief. 
‘‘(2) CIVIL ACTION BY RELATIVES.— 
VerDate Sep 11 2014 
01:31 Mar 29, 2025
Jkt 059200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H2251.IH
H2251
ssavage on LAPJG3WLY3PROD with BILLS
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), the father of an unborn 
child who is the subject of an abortion per-
formed 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 re-
sulted from the criminal conduct of the 
plaintiff described in subparagraph (A); or 
‘‘(ii) the plaintiff described in sub-
paragraph (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, in-
cluding loss of companionship and support, oc-
casioned by the violation of this section; and 
‘‘(B) punitive damages. 
VerDate Sep 11 2014 
01:31 Mar 29, 2025
Jkt 059200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H2251.IH
H2251
ssavage on LAPJG3WLY3PROD with BILLS
‘‘(4) INJUNCTIVE RELIEF.—A qualified plaintiff 
may bring a civil action in an appropriate court to 
obtain injunctive relief to prevent an abortion pro-
vider from performing or attempting further abor-
tions 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 con-
spiracy to violate this section. 
‘‘(f) LOSS OF FEDERAL FUNDING.—A violation of 
subsection (b) shall be deemed discrimination for the pur-
poses of section 504 of the Rehabilitation Act of 1973 (29 
U.S.C. 794). 
‘‘(g) REPORTING REQUIREMENT.— 
‘‘(1) IN GENERAL.—A physician, physician’s as-
sistant, 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. 
VerDate Sep 11 2014 
01:31 Mar 29, 2025
Jkt 059200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H2251.IH
H2251
ssavage on LAPJG3WLY3PROD with BILLS
‘‘(2) CRIMINAL PENALTY.—Any person who vio-
lates 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 expe-
dite to the greatest possible extent the disposition of any 
matter brought under this section. 
‘‘(i) PROTECTION
OF PRIVACY
IN COURT PRO-
CEEDINGS.— 
‘‘(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 per-
formed 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 di-
rect the sealing of the record and exclusion of indi-
VerDate Sep 11 2014 
01:31 Mar 29, 2025
Jkt 059200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H2251.IH
H2251
ssavage on LAPJG3WLY3PROD with BILLS
viduals from courtrooms or hearing rooms to the ex-
tent 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 ac-
tion under this section shall do so under a pseu-
donym. 
‘‘(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 cre-
ating or recognizing a right to abortion nor shall it 
make lawful an abortion that is otherwise unlawful 
under Federal, State, or local law.’’. 
VerDate Sep 11 2014 
01:31 Mar 29, 2025
Jkt 059200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H2251.IH
H2251
ssavage on LAPJG3WLY3PROD with BILLS
(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.’’. 
SEC. 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 af-
fect the portions or applications of this Act which can be 
given effect without the invalid portion or application. 
Æ 
VerDate Sep 11 2014 
01:31 Mar 29, 2025
Jkt 059200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6301
E:\BILLS\H2251.IH
H2251
ssavage on LAPJG3WLY3PROD with BILLS