S. 2955

119 S2955 IS: Forced Abortion Prevention and Accountability Act
 U.S. Senate
 2025-09-30
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 II  119th CONGRESS  1st Session  S. 2955  IN THE SENATE OF THE UNITED STATES   September 30, 2025   Mr. Banks  (for himself,  Mr. Budd ,  Mr. Cassidy ,  Mr. Cornyn ,  Mr. Daines ,  Mr. Risch , and  Mr. Hagerty ) 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 establish Federal penalties for the knowing and intentional administration of any abortion-inducing drug to a woman without her informed consent, if the abortion-inducing drug has been shipped or transported in interstate commerce, and for other purposes.
1.
Short title
This Act may be cited as the   Forced Abortion Prevention and Accountability Act  .
2.
Protecting victims of forced abortions
(a)
In general
 Chapter 74  of title 18, United States Code, is amended by inserting after  section 1531  the following:
1532.
Forced abortions prohibited
(a)
In general
Except as provided in subsection (c), whoever, in or affecting interstate or foreign commerce, knowingly and intentionally administers to a pregnant woman an abortion-inducing drug without the informed consent of the woman shall be fined under this title, imprisoned not more than 25 years, or both.
(b)
Attempts and conspiracies
Whoever attempts or conspires to commit an offense under subsection (a) shall be subject to the same penalties as those prescribed for the offense.
(c)
Dual penalty
If the non-consensual administration of an abortion-inducing drug as described in subsection (a) results in serious bodily injury or death to the woman to whom the abortion-inducing drug was administered, the offender shall be fined under this title, imprisoned for not more than 25 years in addition to any term of imprisonment under subsection (a), or both.
(d)
Civil remedy
(1)
In general
A woman who was administered an abortion-inducing drug in violation of subsection (a) may, in a civil action against any person who administered the abortion-inducing drug, attempted to administer the abortion-inducing drug, or conspired to commit an offense described in subsection (a) or (b), obtain appropriate relief in accordance with paragraph (2).
(2)
Appropriate relief
Appropriate relief in a civil action under this subsection includes—
(A)
objectively verifiable money damages for all injuries, psychological and physical, occasioned by the violation;
(B)
statutory damages equal to 3 times the cost of all injuries occasioned by the violation; and
(C)
punitive damages.
(3)
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.
(4)
Attorney’s fees for defendant
If a defendant in a civil action under this subsection prevails and the court finds that the plaintiff’s suit was frivolous, the court shall award a reasonable attorney’s fee in favor of the defendant against the plaintiff.
(e)
Definitions
In this section:
(1)
Abortion
The term  abortion  means the use or prescription of any instrument, medicine, drug, or any other substance or device—
(A)
to intentionally kill the unborn child of a woman known to be pregnant; or
(B)
to intentionally terminate the pregnancy of a woman known to be pregnant, with an intention other than—
(i)
after viability, to produce a live birth and preserve the life and health of the child born alive; or
(ii)
to remove a dead unborn child.
(2)
Abortion-inducing drug
The term  abortion-inducing drug  means any drug, medicine, or substance prescribed, dispensed, or administered with the intent to cause an abortion, including mifepristone or misoprostol.
(3)
Conspires to commit an offense
The term  conspires to commit an offense  includes selling, sending by shipping or mailing, or giving an abortion-inducing drug without taking reasonable measures to ensure the individual requesting the drug is a pregnant woman wishing to obtain an abortion.
(4)
Informed consent
The term  informed consent  means voluntary, knowing agreement by a woman to ingest an abortion-inducing drug, given after being fully informed of the nature, purpose, risks, and potential consequences of the use of the abortion-inducing drug.
(5)
Serious bodily injury
The term  serious bodily injury  has the meaning given the term in section 1365.
(6)
Unborn child
The term  unborn child  has the meaning given the term in section 1841.
 .
(b)
Clerical amendment
The table of sections for  chapter 74  of title 18, United States Code, is amended by adding at the end the following:
1532. Forced abortions prohibited.
  .
(c)
Chapter heading amendments
(1)
Chapter heading in chapter
The chapter heading for  chapter 74  of title 18, United States Code, is amended by striking
Partial-birth abortions   and inserting
Abortions  .
(2)
Table of chapters for part I
The item relating to chapter 74 in the table of chapters at the beginning of part I of title 18, United States Code, is amended by striking
Partial-birth abortions   and inserting
Abortions  .