S. 75Senate117th Congress (2021-2023)In Committee

Protecting Individuals with Down Syndrome Act

Introduced January 28, 2021

AI-Generated Summary

Updated February 7, 2026 at 9:40 PM UTC

The Protecting Individuals with Down Syndrome Act adds a new federal offense that makes it illegal to perform an abortion when the reason is a diagnosis or suspicion that the unborn child has Down syndrome. It creates criminal penalties, civil lawsuits, and reporting duties for providers, while shielding the pregnant woman from prosecution. The law applies to abortion providers, medical staff, and anyone who assists in such abortions, and it also provides privacy protections for the woman involved.

Key Provisions

  • Defines key terms such as “abortion,” “Down syndrome,” “qualified plaintiff,” and “unborn child.”
  • Prohibits any abortion performed with knowledge that the woman seeks it because of a Down‑syndrome diagnosis or suspicion, unless the woman is informed of the prohibition.
  • Sets criminal penalties of up to five years in prison and fines for violating the prohibition, as well as a separate one‑year penalty for failing to report suspected violations.
  • Allows civil actions by the woman, the father, or maternal grandparents (if the woman is a minor) for damages, punitive damages, and injunctive relief against violators.
  • Bars the woman who undergoes the abortion from being prosecuted or held civilly liable for the violation.
  • Requires physicians and other health professionals to report known or suspected violations, with a penalty of up to one year in prison and fines for non‑compliance.
  • Mandates expedited handling of related court cases and orders courts to protect the woman’s identity, using pseudonyms and sealing records unless she consents.

Legislative Activity

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1 earlier action
SenateIntro Referral Latest Action

Read twice and referred to the Committee on the Judiciary.

January 28, 2021

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SenateIntro Referral

Introduced in Senate

January 28, 2021

SenateIntro Referral

Read twice and referred to the Committee on the Judiciary.

January 28, 2021

Floor Debate

15 members

What members said about S. 75 on the floor

5 Republicans9 Democrats1 Independent
Bernard Sanders
Sen. Bernard SandersI-VT · Feb 3, 2021

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, as the new chairman of the Budget Committee, I wanted to take a few moments to talk about the…

Debbie Stabenow
Sen. Debbie StabenowD-MI · Feb 3, 2021

Mr. President, it is wonderful to see you in the Chair. Mr. President, one thing you can say about Americans, we know how to meet the moment. When the world was upended by a Great Depression and a…

Christopher Murphy
Sen. Christopher MurphyD-CT · Feb 3, 2021

I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, I am here today to speak in favor of the underlying resolution and urge my colleagues to support it. I will be…

Richard Blumenthal
Sen. Richard BlumenthalD-CT · Feb 3, 2021

Madam President, reserving the right to object, this measure, essentially, is a pretextual, ideological, and extreme step that really detracts from what should be our primary purpose at this moment…

Chuck Grassley
Sen. Chuck GrassleyR-IA · Feb 3, 2021

Thank you. The actions of my Democratic colleagues this week make it clear that they do not have any intention of working with Republicans on a bipartisan COVID package. There is no other explanation…

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Patty Murray
Sen. Patty MurrayD-WA · Feb 3, 2021

Madam President, reserving the right to object. We are in the middle of a pandemic. Families are struggling, and we should be doing everything we can to make it easier for them to get the care they…

Jeanne Shaheen
Sen. Jeanne ShaheenD-NH · Feb 3, 2021

Madam President, my colleague from Utah tells a nice story, but it is not accurate. He is not being honest about what is going on with the global gag rule, and I am really disappointed that he is…

Ben Ray Luján
Sen. Ben Ray LujánD-NM · Feb 3, 2021

Mr. President, more than 3,000 of my fellow New Mexicans have lost their lives to COVID-19. They were New Mexicans like Teresa, an essential medical worker from Springer, NM. She bravely went to work…

Mike Lee
Sen. Mike LeeR-UT · Feb 3, 2021

Madam President, the whole point of American foreign aid is to assist countries in times of need and in support of a common interest between us and them. Yet, for many years, our foreign aid dollars…

Jacky Rosen
Sen. Jacky RosenD-NV · Feb 3, 2021

Mr. President, the American people need our help, and they need it now. Far too many families are struggling just to get by. My home State of Nevada has been hit especially hard during this pandemic.…

Robert P. Casey Jr.
Sen. Robert P. Casey Jr.D-PA · Feb 3, 2021

Madam President, I will continue with the brief discussion about home and community-based services. It is so critical, as I mentioned earlier, to have these services available for seniors and for…

Marsha Blackburn
Sen. Marsha BlackburnR-TN · Feb 3, 2021

Madam President, since 1976, Federal law has prohibited the use of Federal funds--taxpayer dollars--for abortion. Section 1008 of the Public Health Service Act explicitly States that title X funds…

Steve Daines
Sen. Steve DainesR-MT · Feb 3, 2021

Madam President, I want to thank my colleague from Utah, Senator Mike Lee, for his remarks. Last week, with the stroke of a pen, President Biden eliminated critical pro-life protections. He reversed…

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James M. Inhofe
Sen. James M. InhofeR-OK · Feb 3, 2021

Madam President, I ask unanimous consent that the Committee on the Judiciary be discharged from further consideration of S. 75 and that the Senate proceed to its immediate consideration. Further, I…

Charles E. Schumer
Sen. Charles E. SchumerD-NY · Feb 3, 2021

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.

Bill Text

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Introduced in SenateIssued January 28, 2021

II

117th CONGRESS

1st Session

S. 75

IN THE SENATE OF THE UNITED STATES

January 28, 2021

Mr. Inhofe (for himself, Mr. Daines, Mr. Lankford, Mr. Thune, Mrs. Blackburn, Mr. Barrasso, Mr. Cotton, Mr. Risch, Mr. Marshall, Mr. Cramer, Mrs. Hyde-Smith, Mr. Boozman, Ms. Lummis, Mr. Hawley, Mr. Rounds, Ms. Ernst, Mr. Sasse, Mr. Hoeven, Mr. Cruz, Mr. Scott of Florida, Mr. Braun, Mr. Rubio, and Mr. Scott of South Carolina) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

A BILL

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

1.

Short title

This Act may be cited as the Protecting Individuals with Down Syndrome Act.

2.

Discrimination by abortion against an unborn child on the basis of Down syndrome prohibited

(a)

In general

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

(a)

Definitions

In this section:

(1)

Abortion

The term abortion means the act of using or prescribing any instrument, medicine, 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 preserve 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.

(2)

Down syndrome

The term Down syndrome 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 qualified plaintiff means—

(A)

a woman upon whom an abortion is performed or attempted in violation of this section;

(B)

a maternal grandparent of the unborn 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 attempted in violation of this section unless the pregnancy or abortion resulted from the criminal 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 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 unborn 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 diagnosis, or any other evidence that the unborn child has or may have Down syndrome; and

(ii)

if the woman is aware that the unborn child has or may have Down syndrome, informing the pregnant woman of the prohibitions on abortion under this section;

(2)

use force or the threat of force to intentionally injure or intimidate any person for the purpose 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 abortion is performed

A woman upon whom an abortion has been performed or attempted in violation of subsection (b)(2) may bring a civil action in an appropriate court against any person who engaged in a violation of subsection (b)(2) to obtain appropriate relief.

(2)

Civil action by relatives

(A)

In general

Except as provided in subparagraph (B), the father of an unborn child who is the subject of an abortion performed 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 resulted from the criminal conduct of the plaintiff described in subparagraph (A); or

(ii)

the plaintiff described in subparagraph (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, including loss of companionship and support, occasioned by the violation of this section; and

(B)

punitive damages.

(4)

Injunctive relief

A qualified plaintiff may bring a civil action in an appropriate court to obtain injunctive relief to prevent an abortion provider from performing or attempting further abortions 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 conspiracy to violate this section.

(f)

Loss of Federal funding

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).

(g)

Reporting requirement

(1)

In general

A physician, physician’s assistant, 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.

(2)

Criminal penalty

Any person who violates 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 expedite to the greatest possible extent the disposition of any matter brought under this section.

(i)

Protection of privacy in court proceedings

(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 performed 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 direct the sealing of the record and exclusion of individuals from courtrooms or hearing rooms to the extent 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 action under this section shall do so under a pseudonym.

(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.

.

(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.

.

3.

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 affect the portions or applications of this Act which can be given effect without the invalid portion or application.