Protecting Individuals with Down Syndrome

Summary#

This bill would add a new federal criminal prohibition that makes it illegal for a person to perform an abortion if the person knows the pregnant woman sought the abortion in whole or in part because a test, prenatal diagnosis, or other reason indicates the unborn child has Down syndrome. The bill defines "unborn child" to include human development starting at fertilization. It defines "abortion" and lists exceptions for actions intended to produce a live birth and preserve the life and health of a child born alive, to save the life of the pregnant woman, or to remove a dead unborn child.

The bill also requires medical providers to ask whether the pregnant woman is aware of any test results or prenatal diagnosis indicating Down syndrome, and if she is, to inform her that abortions for that reason are prohibited. The bill would bar use of force, coercion, solicitation of funds, and transporting a woman across state lines to obtain such an abortion. Violations would be a federal crime punishable by up to 5 years in prison and/or fines. The bill allows civil actions: the woman in some cases, the father or a maternal grandparent in some cases, and the Attorney General may sue for damages, injunctive relief, and attorney's fees. The bill bars criminal or civil liability of the woman on whom an abortion is performed. It also requires medical and related professionals to report known or suspected violations to law enforcement; failure to report can carry up to 1 year in prison and/or fines. The bill makes violations count as discrimination under section 504 of the Rehabilitation Act, which can affect federal funding. The courts must expedite cases brought under the new section and protect the privacy and anonymity of the woman in proceedings when she does not consent to disclosure.

The bill includes findings about nondiscrimination and the value of people with Down syndrome, and a severability clause.

What it means for you#

  • Pregnant women: The bill would prohibit abortions performed because of a prenatal Down syndrome diagnosis or belief. A woman on whom such an abortion is performed would not be criminally or civilly liable under the bill. In court actions, her identity would generally be protected unless she consents to disclosure.
  • Health care providers: Providers could not perform abortions known to be sought because of Down syndrome and must ask and inform patients about testing or diagnoses. Providers who violate the prohibition could face federal criminal penalties, civil suits, loss of federal funding under section 504, and reporting obligations.
  • Family members and government: Certain relatives (the father or a maternal grandparent in limited cases) and the Attorney General could bring civil lawsuits to seek money damages, punitive damages, injunctive relief, and attorney's fees.
  • Other actors: The bill would criminalize using force or threats to coerce an abortion, soliciting or accepting funds to perform such abortions, and knowingly transporting a woman across state lines to obtain such an abortion.

Expenses#

No publicly available information.

Proponents' View#

The bill text presents proponents' reasons: it says the United States should prevent discrimination against individuals with disabilities, respect the lives and dignity of people with Down syndrome, and prohibit targeting unborn children for abortions based on Down syndrome. The bill frames these measures as consistent with federal nondiscrimination policy and as protecting individuals who enrich society.

Opponents' View#

No publicly available information.