Protecting Individuals with Down Syndrome Act

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.
• 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.
• 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.