Forced Abortion Prevention and Accountability Act
- Bill Number
- S. 2955
- Origin Chamber
- Senate
- Congress
- 119th Congress, Session 1
- Policy Area
- Crime and Law Enforcement
- Status
- Introduced
- Latest Action
- 2025-09-30: Read twice and referred to the Committee on the Judiciary.
- Last Updated
- 2026-06-09T11:03:21Z
AI-Generated Summary
Purpose
The "Forced Abortion Prevention and Accountability Act" aims to protect pregnant women from non-consensual administration of abortion-inducing drugs by establishing federal criminal penalties and civil remedies. It targets cases involving interstate or foreign commerce to ensure women's informed consent is obtained before such drugs are used.
Key Provisions
- Criminal Prohibition: It is illegal to knowingly and intentionally give a pregnant woman an abortion-inducing drug (such as mifepristone or misoprostol) without her informed consent, if the drug has been shipped or transported across state lines or internationally. Violations carry fines, up to 25 years in prison, or both.
- Attempts and Conspiracies: Anyone who attempts or conspires to commit this offense faces the same penalties. Conspiracy includes selling, shipping, or giving the drug without reasonable steps to confirm the recipient is a consenting pregnant woman seeking an abortion.
- Enhanced Penalties for Harm: If the non-consensual administration causes serious bodily injury (defined as significant physical harm, like organ damage or prolonged impairment) or death to the woman, the offender faces an additional up to 25 years in prison on top of the base penalty.
- Civil Remedies: Affected women can sue the person who administered, attempted to administer, or conspired in the act. Relief includes:
- Actual damages for physical and psychological injuries.
- Statutory damages equal to three times the cost of injuries.
- Punitive damages to punish wrongdoing.
- Court-awarded attorney's fees for prevailing plaintiffs; defendants get fees if the suit is deemed frivolous.
- Definitions:
- Abortion: Intentional use of drugs or devices to end a known pregnancy, excluding cases to save the woman's life/health after viability or remove a deceased fetus.
- Informed consent: The woman's voluntary, knowledgeable agreement after full disclosure of the drug's nature, purpose, risks, and consequences.
- Other terms reference existing laws for "serious bodily injury" and "unborn child."
Significant Changes to Existing Law
- Adds a new section (1532) to Chapter 74 of Title 18 of the U.S. Code, which previously focused only on partial-birth abortions (expanding the chapter's scope to cover broader abortion-related offenses).
- Updates chapter headings from "Partial-Birth Abortions" to "Abortions" in the law and table of contents, signaling a wider federal focus on abortion prohibitions.
- Introduces federal jurisdiction over abortion-inducing drugs via the interstate commerce clause, filling a gap where such acts might otherwise fall under state laws.
Potential Impacts
- On Government Agencies: The Department of Justice would gain authority to prosecute these cases federally, potentially increasing workload for federal courts and investigators focused on interstate drug distribution. It could lead to more uniform enforcement across states.
- On Citizens: Pregnant women gain stronger protections against forced abortions, with tools for both criminal accountability and personal compensation. However, it may complicate access to medications for those in abusive situations or remote areas reliant on mail-order drugs.
- On International Relations: Minimal direct impact, though it could affect U.S. policies on importing/exporting abortion-related drugs, potentially influencing diplomatic discussions on reproductive rights or drug trade regulations.
Main Stakeholders Affected
- Pregnant Women: Primary beneficiaries as victims, empowered to seek justice through criminal reports or civil lawsuits.
- Healthcare Providers and Individuals: Those administering drugs (e.g., doctors, partners, or others) risk severe penalties if consent is not verified, requiring stricter protocols.
- Pharmaceutical Companies and Distributors: Must ensure shipments include consent safeguards to avoid conspiracy charges, impacting how abortion drugs like mifepristone are handled.
- Abortion Rights Advocates and Opponents: The law could be seen as advancing anti-forced abortion measures but may raise concerns about broader restrictions on medication access.
- Law Enforcement and Courts: Handle new federal cases, civil suits, and related evidentiary challenges (e.g., proving consent or interstate involvement).
Notable Legal, Constitutional, or Political Implications
- Legal: Relies on Congress's power to regulate interstate commerce, potentially expanding federal oversight into areas traditionally managed by states post-Dobbs v. Jackson Women's Health Organization (2022 Supreme Court decision overturning federal abortion rights). It creates dual criminal-civil tracks, which could lead to overlapping state and federal prosecutions.
- Constitutional: May face challenges under the 14th Amendment (due process and bodily autonomy) if interpreted as overly broad, or under the Commerce Clause if interstate ties are deemed insufficient. Definitions of "abortion" and "unborn child" align with existing fetal protection laws but could spark debates on fetal personhood.
- Political: Introduced by Republican senators, it reflects ongoing partisan divides on abortion, potentially galvanizing debates in a post-Roe era. Enactment could influence state-level laws or future federal reproductive policies, without directly addressing elective abortions.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (16)
Sen. Budd, Ted [R-NC], Sen. Cassidy, Bill [R-LA], Sen. Cornyn, John [R-TX], Sen. Daines, Steve [R-MT], Sen. Risch, James E. [R-ID], Sen. Hagerty, Bill [R-TN], Sen. Scott, Rick [R-FL], Sen. Cruz, Ted [R-TX], Sen. Lankford, James [R-OK], Sen. Kennedy, John [R-LA], Sen. Tuberville, Tommy [R-AL], Sen. Wicker, Roger F. [R-MS], Sen. Graham, Lindsey [R-SC], Sen. Thune, John [R-SD], Sen. Crapo, Mike [R-ID], Sen. Fischer, Deb [R-NE]
Recent Actions
- 2025-09-30: Read twice and referred to the Committee on the Judiciary.
- 2025-09-30: Introduced in Senate
Bill Versions
- Forced Abortion Prevention and Accountability Act — issued 2025-09-30 — PDF (6 pages)