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..