Congress·In Committee·S. 205

Sen. Daines Introduces the Protecting Individuals with Down Syndrome Act to Ban Targeted Abortions

A bill to amend title 18, United States Code, to prohibit discrimination by abortion against an unborn child on the basis of Down syndrome.

Also known as: Protecting Individuals with Down Syndrome Act

about 1 year ago·View on Congress.gov

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Key Points

This bill would make it a federal crime for doctors to perform an abortion if they know the reason is a Down syndrome diagnosis. Physicians must ask every patient whether they've received such a diagnosis before performing any abortion, and inform them of the law's prohibitions if the answer is yes.
Doctors who violate the ban face up to 5 years in prison. Medical professionals — including nurses, counselors, and mental health workers — who suspect a violation and fail to report it to law enforcement could face up to 1 year in prison. The woman herself is explicitly shielded from prosecution.
From policy text
“Any person that violates, or attempts to violate, subsection (b) shall be fined under this title, imprisoned not more than 5 years, or both.”
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Family members, including the father of the unborn child or the maternal grandparents if the woman is a minor, can sue the doctor for money damages and punitive damages. The Attorney General can also seek injunctions to stop providers from performing these abortions.
The bill frames its prohibition as anti-discrimination policy, linking it to existing disability rights law. Violations would be treated as disability discrimination under the Rehabilitation Act of 1973, which could cause providers to lose federal funding.
From policy text
“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).”
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The bill also criminalizes transporting a woman across state lines or into the U.S. to obtain such an abortion, and makes it illegal to use force or threats to coerce someone into getting one. It also bans soliciting or accepting funds for these specific procedures.
From policy text
“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)”
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HealthcareCivil RightsCriminal Justice

Impact Analysis

Personal Impact

Who is affectedScoreImpactCertaintyScopeDurationSentiment

Scores: 1 = low, 5 = highSentiment: -5 to +5 (net benefit)

Milestones

2 milestones2 actions

Jan 23, 2025Senate

Read twice and referred to the Committee on the Judiciary.

Jan 23, 2025

Introduced in Senate

Related News

2 articles

PolitiFact·over 3 years ago

The facts about Iowa's 2nd District congressional candidates and abortion

The article details the 'Protecting Individuals with Down Syndrome Act,' explaining it prohibits abortions if the fetus has Down syndrome. It notes doctors performing such abortions could face five years in prison, while the pregnant woman is specifically protected from prosecution.

Yellowhammer News·about 3 years ago

Britt 'hits the ground running' in first month

Reports that U.S. Senator Katie Britt (R-AL) co-sponsored the 'Protecting Individuals with Down Syndrome Act' shortly after taking office, identifying it as a key legislative priority for the senator and her colleagues in the 118th Congress.

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