S. 2955: Forced Abortion Prevention and Accountability Act

This bill, known as the Forced Abortion Prevention and Accountability Act, proposes to amend federal law to establish penalties for the non-consensual administration of abortion-inducing drugs. Here are the key points of the bill:

Objective

The primary goal of this bill is to prohibit the administration of abortion-inducing drugs to a pregnant woman without her informed consent, particularly if the drug has been transported across state lines.

Criminal Offenses and Penalties

• Anyone who knowingly and intentionally gives an abortion-inducing drug to a pregnant woman without her consent may face significant penalties, which could include:
  • A fine
  • Imprisonment for up to 25 years
• If the act results in serious bodily injury or death of the woman, the offender may face additional penalties of up to 25 years of imprisonment.
• Attempting or conspiring to commit this offense would carry the same penalties as the actual offense.

Civil Remedies

The bill also outlines civil remedies for women who are victims of forced abortions. These include:

• The right to sue for damages, which can cover physical and psychological injuries.
• Statutory damages equal to three times the cost of these injuries.
• Punitive damages against the offender.
• Provision for the court to award attorney's fees to a successful plaintiff, as well as a potential award of attorney's fees for defendants if a lawsuit is deemed frivolous.

Definitions

Key terms within the bill are defined as follows:

• Abortion: Defined as the use of any means to intentionally kill a known unborn child or terminate a pregnancy, with specific exceptions.
• Abortion-inducing drug: Any substance prescribed or given with the intent of causing an abortion, including specific drugs like mifepristone and misoprostol.
• Informed consent: A woman’s voluntary and knowledgeable agreement to take an abortion-inducing drug, after being fully informed of the drug's effects.

Clerical Amendments

The bill also proposes some administrative changes such as updating the chapter headings in the U.S. Code related to abortion laws.

Impact Scope

The bill emphasizes that these regulations apply in cases of interstate or foreign commerce, highlighting the importance of transportation legality in enforcement.

Relevant Companies

• MRK (Merck & Co., Inc.): Merck manufactures mifepristone, one of the drugs identified in the bill. If the bill passes, the company may face increased legal scrutiny and liability related to the sale and distribution of this drug.
• PFE (Pfizer Inc.): Pfizer produces misoprostol, another drug referenced in the bill, which could result in legal implications regarding its distribution and the need for compliance with new consent regulations.