Protecting Individuals with Down Syndrome Act
- Bill Number
- H.R. 2251
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Crime and Law Enforcement
- Status
- Introduced
- Latest Action
- 2025-03-21: Referred to the House Committee on the Judiciary.
- Last Updated
- 2026-06-26T08:07:03Z
AI-Generated Summary
Purpose
The Protecting Individuals with Down Syndrome Act (H.R. 2251) aims to prevent discrimination against unborn children diagnosed with Down syndrome by prohibiting abortions performed solely or partially on that basis. It emphasizes protecting the dignity and rights of individuals with disabilities, building on the Supreme Court's 2022 Dobbs v. Jackson Women's Health Organization decision, which overturned Roe v. Wade and removed a constitutional right to abortion.
Key Provisions
- Prohibition on Discriminatory Abortions: It is illegal to perform, fund, coerce, or transport someone across state lines for an abortion if the decision is based on a test result, prenatal diagnosis, or suspicion of Down syndrome in the unborn child. Providers must ask about and inform pregnant women of this prohibition if Down syndrome is suspected.
- Definitions:
- Abortion: Use of any means to end a pregnancy, except to save the mother's life, produce a live birth, or remove a dead fetus.
- Down syndrome: A genetic condition from an extra or partial copy of chromosome 21.
- Unborn child: A human from fertilization until live birth.
- Qualified plaintiff: Includes the pregnant woman, her maternal grandparent (if she is a minor), the father (unless he committed a crime leading to the pregnancy), or the U.S. Attorney General.
- Penalties and Enforcement:
- Criminal: Up to 5 years in prison and fines for violations or attempts.
- Civil: Affected parties can sue for monetary damages (including emotional harm), punitive damages, and court orders to stop future violations; prevailing plaintiffs get attorney's fees.
- No liability for the pregnant woman.
- Healthcare professionals must report suspected violations, with up to 1 year in prison for failure to do so.
- Additional Measures:
- Violations count as discrimination under the Rehabilitation Act of 1973, potentially leading to loss of federal funding.
- Courts must expedite cases and protect the anonymity of women involved (e.g., using pseudonyms, sealing records).
- The law does not override stricter state or local protections and does not create a general right to abortion.
Significant Changes to Existing Law
- Adds a new section (Section 250) to Chapter 13 of Title 18 of the U.S. Code, creating a federal crime specifically targeting abortions motivated by Down syndrome—a novel federal restriction post-Dobbs, which returned abortion regulation to states.
- Links abortion violations to disability discrimination under federal law (Rehabilitation Act), enabling funding cuts for non-compliant entities, which was not previously tied this way.
- Introduces mandatory reporting by medical professionals and expedited judicial processes, expanding enforcement tools beyond typical abortion laws.
Potential Impacts
- On Government Agencies: The Department of Justice (via the Attorney General) gains authority to prosecute; federal funding agencies (e.g., for healthcare) may withhold funds from violators, increasing administrative burdens.
- On Citizens: Pregnant women and families may face restricted abortion options if Down syndrome is diagnosed, potentially affecting healthcare decisions; civil lawsuits could empower fathers and grandparents but raise privacy concerns. Individuals with Down syndrome and their advocates may see increased societal protections.
- On International Relations: Highlights U.S. policy against practices in countries with near-100% abortion rates for Down syndrome diagnoses, potentially influencing diplomatic discussions on disability rights but unlikely to directly alter relations.
Main Stakeholders Affected
- Healthcare Providers: Physicians, nurses, and counselors face criminal and civil risks, mandatory reporting, and potential funding losses.
- Pregnant Women and Families: Women cannot be prosecuted but may encounter barriers to abortions; fathers and grandparents (for minors) gain lawsuit rights.
- Abortion Providers and Advocacy Groups: Organizations like Planned Parenthood could face lawsuits or funding cuts; pro-life and disability rights groups (e.g., those supporting Down syndrome awareness) may benefit from enforcement.
- Government and Courts: Federal prosecutors and judges must prioritize cases, straining resources.
Notable Legal, Constitutional, or Political Implications
- Legal: The bill's severability clause ensures parts remain if others are struck down. It could face challenges under the Commerce Clause (questioning federal overreach into state-regulated abortion) or due process (balancing fetal protections with women's rights), especially post-Dobbs.
- Constitutional: Reinforces no federal right to abortion but protects fetal life as a disability issue, potentially clashing with privacy rights under the 14th Amendment; privacy safeguards in proceedings address First Amendment concerns.
- Political: Aligns with conservative efforts to limit abortions selectively (e.g., for disabilities) without a total ban, signaling a shift toward targeted federal involvement after Dobbs decentralized authority to states. It may polarize debates on disability rights versus reproductive autonomy.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (15)
Rep. Tenney, Claudia [R-NY-24], Rep. Miller, Mary E. [R-IL-15], Rep. Bost, Mike [R-IL-12], Rep. Aderholt, Robert B. [R-AL-4], Rep. Moolenaar, John R. [R-MI-2], Rep. Timmons, William R. [R-SC-4], Rep. Stutzman, Marlin A. [R-IN-3], Rep. Mann, Tracey [R-KS-1], Rep. Sessions, Pete [R-TX-17], Rep. Moore, Barry [R-AL-1], Rep. Fry, Russell [R-SC-7], Rep. Self, Keith [R-TX-3], Rep. Weber, Randy K. Sr. [R-TX-14], Rep. Williams, Roger [R-TX-25], Rep. Moore, Blake D. [R-UT-1]
Recent Actions
- 2025-03-21: Referred to the House Committee on the Judiciary.
- 2025-03-21: Introduced in House
- 2025-03-21: Introduced in House
Bill Versions
- Protecting Individuals with Down Syndrome Act — issued 2025-03-21 — PDF (12 pages)