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..