H.R. 2226

119 HR 2226 IH: Let Pregnancy Centers Serve Act of 2025
 U.S. House of Representatives
 2025-03-18
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 I  119th CONGRESS  1st Session  H. R. 2226  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.
1.
Short title
This Act may be cited as the   Let Pregnancy Centers Serve Act of 2025  .
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.
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:
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.
 .
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:
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.
 .
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.