Forced Abortion Prevention and Accountability Act
- Bill Number
- H.R. 6466
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Crime and Law Enforcement
- Status
- Introduced
- Latest Action
- 2025-12-04: Referred to the House Committee on the Judiciary.
- Last Updated
- 2026-07-07T08:05:40Z
AI-Generated Summary
Purpose
The "Forced Abortion Prevention and Accountability Act" (H.R. 6466) aims to protect pregnant women from non-consensual administration of abortion-inducing drugs by establishing federal criminal penalties and civil remedies. It targets cases where such drugs are shipped or transported across state lines (interstate commerce), focusing on preventing forced abortions.
Key Provisions
- Criminal Penalties: It is a federal crime to knowingly and intentionally give a pregnant woman an abortion-inducing drug (e.g., mifepristone or misoprostol) without her informed consent, if the drug involves interstate or foreign commerce. Penalties include fines, up to 25 years in prison, or both.
- Attempts or conspiracies to commit this act (e.g., selling or shipping the drug without ensuring the recipient is a consenting pregnant woman) carry the same penalties.
- If the act causes serious bodily injury (defined as significant harm like loss of a body part or long-term impairment) or death to the woman, the offender faces an additional up to 25 years in prison.
- Civil Remedies: Affected women can sue the person who administered, attempted to administer, or conspired to provide the drug.
- Relief includes compensatory damages for physical and psychological injuries, statutory damages (three times the cost of injuries), punitive damages (to punish and deter), and reasonable attorney's fees for prevailing plaintiffs.
- If the lawsuit is deemed frivolous by the court, the defendant can recover attorney's fees.
- Definitions:
- Abortion: Intentional use of a drug or device to end a known pregnancy, excluding cases to save the woman's life after viability or remove a deceased fetus.
- Informed Consent: The woman's voluntary agreement after full disclosure of the drug's nature, purpose, risks, and consequences.
- Unborn Child: References the existing legal definition under federal law for unborn offspring at any stage.
- Technical Updates: Adds a new section (1532) to Chapter 74 of Title 18 of the U.S. Code and updates the chapter title from "Partial-Birth Abortions" to "Abortions" for broader coverage.
Significant Changes to Existing Law
- Introduces a new federal prohibition specifically on non-consensual administration of abortion drugs, expanding Chapter 74 (previously limited to partial-birth abortions) to cover a wider range of abortion-related offenses.
- Links the offense to interstate commerce, allowing federal jurisdiction under the Commerce Clause, which was not previously applied this way to abortion drugs.
- Provides enhanced civil remedies, including multiplied damages and fee-shifting, which go beyond standard personal injury laws by tailoring them to abortion contexts.
Potential Impacts
- On Government Agencies: Increases workload for federal law enforcement (e.g., FBI, DOJ) to investigate interstate drug shipments and prosecutions; courts may see more civil cases related to reproductive health.
- On Citizens: Strengthens protections for pregnant women against coercion or abuse involving abortion drugs, potentially deterring non-consensual acts but raising concerns about access to medications for legitimate medical uses (e.g., miscarriage management). Could lead to chilling effects on prescribing or distributing such drugs due to conspiracy liability.
- On International Relations: Minimal direct impact, though it may affect U.S. policies on importing/exporting regulated drugs, potentially influencing diplomatic discussions on women's health and human rights.
Main Stakeholders Affected
- Pregnant Women: Primary beneficiaries as victims who can seek criminal prosecution and civil compensation.
- Healthcare Providers and Pharmacists: At risk of liability if they dispense drugs without verifying consent, especially in interstate scenarios.
- Pharmaceutical Companies and Distributors: Could face conspiracy charges for shipping drugs without safeguards, impacting business practices for abortion-related medications.
- Offenders and Abusers: Individuals (e.g., partners, family) who coerce abortions face severe penalties.
- Law Enforcement and Courts: Responsible for enforcement, investigations, and adjudicating cases.
Notable Legal, Constitutional, or Political Implications
- Legal: Relies on the interstate commerce clause for federal authority, potentially expanding federal oversight into areas traditionally handled by states post-Dobbs v. Jackson Women's Health Organization (2022 Supreme Court decision overturning federal abortion rights). Definitions of "abortion" and "conspiracy" may lead to litigation over scope, such as distinguishing therapeutic uses from abortions.
- Constitutional: Could raise First Amendment challenges if applied to speech-related activities (e.g., advising on drugs) or Fourteenth Amendment due process issues regarding consent and privacy in reproductive decisions. The civil remedies' fee-shifting might be scrutinized for fairness.
- Political: Broadens federal involvement in abortion regulation amid ongoing national debates, potentially fueling partisan divides; the bill's focus on "forced" abortions positions it as anti-coercion while aligning with restrictions on medication abortions, which account for over half of U.S. abortions.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Rep. Messmer, Mark B. [R-IN-8]
Cosponsors (53)
Rep. Crane, Elijah [R-AZ-2], Rep. Stutzman, Marlin A. [R-IN-3], Rep. Hageman, Harriet M. [R-WY-At Large], Rep. Harris, Andy [R-MD-1], Rep. Rose, John W. [R-TN-6], Rep. McGuire, John J. [R-VA-5], Rep. Higgins, Clay [R-LA-3], Rep. Self, Keith [R-TX-3], Rep. Pfluger, August [R-TX-11], Rep. Harris, Mark [R-NC-8], Rep. Biggs, Sheri [R-SC-3], Rep. Fedorchak, Julie [R-ND-At Large], Rep. Harrigan, Pat [R-NC-10], Rep. Burchett, Tim [R-TN-2], Rep. Clyde, Andrew S. [R-GA-9], Rep. Feenstra, Randy [R-IA-4], Rep. Bost, Mike [R-IL-12], Rep. Miller, Mary E. [R-IL-15], Rep. Tenney, Claudia [R-NY-24], Rep. Moore, Barry [R-AL-1], Rep. Gonzales, Tony [R-TX-23], Rep. Smith, Christopher H. [R-NJ-4], Rep. Gosar, Paul A. [R-AZ-9], Rep. Aderholt, Robert B. [R-AL-4], Rep. Fulcher, Russ [R-ID-1], Rep. Moore, Riley M. [R-WV-2], Rep. Cloud, Michael [R-TX-27], Rep. Thompson, Glenn [R-PA-15], Rep. Kelly, Mike [R-PA-16], Rep. Rogers, Mike D. [R-AL-3], Rep. Steube, W. Gregory [R-FL-17], Rep. Strong, Dale W. [R-AL-5], Rep. Kennedy, Mike [R-UT-3], Rep. Latta, Robert E. [R-OH-5], Rep. Norman, Ralph [R-SC-5], Rep. Fong, Vince [R-CA-20], Rep. Houchin, Erin [R-IN-9], Rep. Cline, Ben [R-VA-6], Rep. Palmer, Gary J. [R-AL-6], Rep. Bean, Aaron [R-FL-4], Rep. Timmons, William R. [R-SC-4], Rep. Weber, Randy K. Sr. [R-TX-14], Rep. Cammack, Kat [R-FL-3], Rep. Onder, Robert F. [R-MO-3], Rep. Smith, Adrian [R-NE-3], Rep. Wilson, Joe [R-SC-2], Rep. Smith, Jason [R-MO-8], Rep. Patronis, Jimmy [R-FL-1], Rep. Van Epps, Matt [R-TN-7], Rep. Letlow, Julia [R-LA-5] and 3 more
Recent Actions
- 2025-12-04: Referred to the House Committee on the Judiciary.
- 2025-12-04: Introduced in House
- 2025-12-04: Introduced in House
Bill Versions
- Forced Abortion Prevention and Accountability Act — issued 2025-12-04 — PDF (6 pages)