[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>