H.R. 2226 — Let Pregnancy Centers Serve Act of 2025

This section states congressional findings concerning pregnancy centers, including (1) their provision of free services such as pregnancy tests, ultrasounds, STD/STI tests, prenatal and parenting education, after-abortion support, lactation and nutrition consultations, and well-women exams; (2) their commitment to accurate pregnancy information and affiliation with national networks enforcing ethical standards; (3) 3,255,856 client sessions in 2022 with 97.4% positive experiences; (4) at least $367 million in material goods and services to 808,737 clients; (5) 44,930 volunteers (7 in 10 workers) among 62,576 staff; and (6) 546,683 free ultrasounds worth $136 million by 10,175 medical staff and volunteers.

This section establishes new section 245A in Title II of the Public Health Service Act to prohibit the federal government and any individual or entity receiving federal financial assistance—including state or local governments—from discriminating against, penalizing, or retaliating against an entity because the entity offers life-affirming support and resources to women facing unexpected pregnancy (i.e., pregnancy-related counseling, prenatal/postnatal supplies, or medical care without abortion involvement), offers life-affirming alternatives to abortion (i.e., programs promoting childbirth through pregnancy centers, adoption assistance, or maternity homes that do not provide or refer for abortions), or refrains from counseling in favor of, recommending, assisting, providing, promoting, or participating in abortions. Prohibited actions include (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 for an abortion or abortion-inducing drug; (4) requiring an entity to counsel in favor of an abortion or abortion-inducing drug; (5) requiring an entity to post materials promoting abortions or abortion-inducing drugs; and (6) prohibiting an entity from providing pregnancy, childbirth, or parenting services because it does not perform, refer for, or counsel in favor of abortions. (Thus, entities such as crisis pregnancy centers may receive federal funds without being required to provide abortion services or referrals.) The prohibition does not prevent entities from voluntarily participating in abortions where otherwise allowed or affect federal laws requiring emergency stabilizing treatment for pregnant women or their unborn children. The section defines "abortion" to exclude post-viability live birth efforts, removal of a dead unborn child, or ectopic pregnancy treatment.

This section establishes a civil right of action under new section 245B of the Public Health Service Act for actual or threatened violations of federal conscience protections enumerated in section 245A (i.e., laws prohibiting discrimination against individuals or entities that object to providing abortions or related procedures, or that offer abortion alternatives). The Attorney General or any adversely affected individual or entity may sue any recipient of federal financial assistance—including state and local governmental entities—for injunctive relief, declaratory relief, compensatory damages, and attorneys' fees and costs, without exhausting administrative remedies. (Thus, this provision enables direct court enforcement, including monetary damages, against governmental defendants for such violations.)

This section provides a severability clause stating that if any provision of the Act or its amendments, or its application to any person or circumstance, is held unconstitutional, the remainder of the Act and its amendments, and their application to other persons or circumstances, remain unaffected.