No official summary available for this bill.
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2226 Introduced in House (IH)]
<DOC>
119th CONGRESS
1st Session
H. R. 2226
To amend the Public Health Service Act to prohibit discrimination
against entities that do not participate in abortion and to strengthen
implementation and enforcement of Federal conscience laws.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 18, 2025
Mr. Smith of New Jersey (for himself, Ms. Tenney, and Mr. Aderholt)
introduced the following bill; which was referred to the Committee on
Energy and Commerce
_______________________________________________________________________
A BILL
To amend the Public Health Service Act to prohibit discrimination
against entities that do not participate in abortion and to strengthen
implementation and enforcement of Federal conscience laws.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Let Pregnancy Centers Serve Act of
2025''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Pregnancy centers are community-based, nonprofit
organizations that provide free compassionate care, support,
and resources to help meet the physical, psychological,
emotional, and spiritual needs of women, girls, couples, and
families navigating pregnancy and offer life-affirming
alternatives to abortion. These services can include pregnancy
tests, ultrasounds, STD/STI tests, prenatal education programs,
parenting education programs, after-abortion support, lactation
consultations, certified dietician and nutritionist
consultations, and well-women exams.
(2) Pregnancy care centers are committed to providing
clients with complete and accurate information regarding their
pregnancy options and the development of an unborn baby. Most
pregnancy centers are affiliated with at least one of three
national networks. These networks require their affiliates to
adopt a Commitment of Care and Competence, setting ethical,
legal, and regulatory standards.
(3) In 2022 alone, 2,750 pregnancy centers across the
United States provided an estimated 3,255,856 total client
sessions, including in-person and virtual sessions. 97.4
percent of clients seen by pregnancy centers reported having a
positive experience with pregnancy centers.
(4) The total values of the material goods and services
provided by pregnancy centers in 2022 was at least $367
million. 808,737 clients received material resources, which
included packs of diapers and wipes, baby formula, baby
clothes, new cribs, new car seats, and strollers.
(5) Out of the 62,576 individuals who worked at pregnancy
centers in 2022, 44,930 (7 in 10 workers) were volunteers.
(6) Many pregnancy centers offer medical services. In 2022,
10,175 medical staff and volunteers provided care to clients
across the Nation. Pregnancy centers performed 546,683 free
ultrasounds, at an estimated total value of $136 million.
SEC. 3. PROHIBITING DISCRIMINATION AGAINST ENTITIES THAT DO NOT
PARTICIPATE IN ABORTION.
Title II of the Public Health Service Act (42 U.S.C. 202 et seq.)
is amended by inserting after section 245 the following:
``SEC. 245A. PROHIBITING DISCRIMINATION AGAINST ENTITIES THAT DO NOT
PARTICIPATE IN ABORTION.
``(a) In General.--Notwithstanding any other law, the Federal
Government, and any individual or entity that receives Federal
financial assistance, including any State or local government, may not
discriminate against, penalize, or retaliate against an entity because
the entity offers life-affirming support and resources to women facing
unexpected pregnancy, offers life-affirming alternatives to abortion,
or refrains from actions that counsel in favor of, suggest, recommend,
assist, provide, promote, or in any way participate in the performance
of abortions.
``(b) Prohibited Actions.--The actions that are prohibited under
subsection (a) include, at a minimum--
``(1) requiring an entity to offer or perform an abortion;
``(2) requiring an entity to offer, provide, or distribute
an abortion-inducing drug;
``(3) requiring an entity to refer a person for an abortion
or an abortion-inducing drug;
``(4) requiring an entity to counsel in favor of an
abortion or an abortion-inducing drug;
``(5) requiring an entity to post any advertisement, sign,
flyer, or similar material that promotes or provides
information about obtaining an abortion or an abortion-inducing
drug; and
``(6) prohibiting an entity from providing information,
care, counseling, classes, or other services related to
pregnancy, childbirth, or parenting because the entity does not
perform, refer, or counsel in favor of an abortion or an
abortion-inducing drug.
``(c) Rule of Construction.--Nothing in this section shall be
construed--
``(1) to prevent any entity from voluntarily electing to
participate in abortions or abortion referrals where not
prohibited by any other law; or
``(2) to affect, or be affected by, any Federal law that
requires stabilizing treatment for a pregnant woman or her
unborn child when either needs emergency care.
``(d) Definitions.--For purposes of 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;
``(ii) to remove a dead unborn child; or
``(iii) to remove an ectopic pregnancy or
other pregnancy implanted outside the uterus.
``(2) Federal financial assistance.--The term `Federal
financial assistance' means Federal payments to cover the cost
of health care services or benefits, or other Federal payments,
grants, or loans to promote or otherwise facilitate health-
related activities. Such term does not include expenditures
made under direct spending programs.
``(3) Life-affirming alternatives to abortion.--The term
`life-affirming alternatives to abortion' means one or more
programs that promote childbirth as an alternative to abortion,
through life-affirming social services providers, which may
include pregnancy centers, adoption assistance providers, and
maternity homes. For purposes of the preceding sentence, the
term `life-affirming social services providers' does not
include entities that provide, facilitate, counsel in favor of,
or refer for abortions.
``(4) Life-affirming support and resources to women facing
unexpected pregnancy.--
``(A) In general.--The term `life-affirming support
and resources to women facing unexpected pregnancy'
means one or more of the following:
``(i) Providing information, care,
counseling, classes, or other services related
to pregnancy, childbirth, or parenting without
providing, referring, or counseling in favor of
abortion or abortion-inducing drugs.
``(ii) Providing prenatal and postnatal
resources, such as diapers, baby clothes, baby
furniture, formula, and similar items.
``(iii) Providing medical testing,
counseling, and care related to pregnancy or
childbirth.
``(iv) Counseling a woman on pregnancy-
related care or treatment, including care or
treatment that may reverse the effects of
abortion-inducing drugs.
``(B) Limitation.--The term `life-affirming support
and resources to women facing unexpected pregnancy'
does not include performing, referring, or counseling
in favor of abortion or abortion-inducing drugs.
``(5) State or local government.--The term `State or local
government' includes every agency and other governmental unit
and subdivision of a State or local government, if such State
or local government, or any agency or governmental unit or
subdivision thereof, receives Federal financial assistance.''.
SEC. 4. STRENGTHENING ENFORCEMENT OF FEDERAL CONSCIENCE LAWS.
Title II of the Public Health Service Act (42 U.S.C. 202 et seq.),
as amended by section 3, is further amended by inserting after section
245A the following:
``SEC. 245B. CIVIL ACTION FOR DISCRIMINATION AGAINST ENTITIES OFFERING
ABORTION ALTERNATIVES.
``(a) In General.--A qualified party may, in a civil action, obtain
relief described in subsection (e) with respect to a designated
violation.
``(b) Definitions.--For purposes of this section:
``(1) Designated violation.--The term `designated
violation' means an actual or threatened violation of any
provision of law described in section 245A.
``(2) Qualified party.--The term `qualified party' means--
``(A) the Attorney General; or
``(B) any individual or entity adversely affected
by the designated violation.
``(c) Administrative Remedies Not Required.--An action under this
section may be commenced, and relief may be granted, without regard to
whether the party commencing the action has sought or exhausted any
available administrative remedies.
``(d) Defendants in Actions Under This Section May Include
Governmental Entities as Well as Others.--
``(1) In general.--An action under this section may be
maintained against any individual or entity receiving Federal
financial assistance (as defined in section 245A(c)), including
a State governmental entity. Relief in an action under this
section may include money damages even if the defendant is a
governmental entity.
``(2) Definition.--For the purposes of this subsection, the
term `State governmental entity' means a State, a local
government within a State, and any agency or other governmental
unit or subdivision of a State, or of such a local government.
``(e) Nature of Relief.--In an action under this section, the court
shall grant--
``(1) all appropriate relief, including injunctive relief,
declaratory relief, and compensatory damages to prevent the
occurrence, continuance, or repetition of the designated
violation and to compensate for losses resulting from the
designated violation; and
``(2) to a prevailing plaintiff, reasonable attorneys' fees
and litigation costs.''.
SEC. 5. SEVERABILITY.
If any provision of this Act or an amendment made by this Act, or
the application of such a provision or amendment to any individual,
entity, government, or circumstance, is held to be unconstitutional,
the remainder of this Act and the amendments made by this Act, and the
application of such provision or amendment to any other individual,
entity, government, or circumstance, shall not be affected.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Energy and Commerce.
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