II 

118TH CONGRESS 

1ST SESSION S. 2974 

To require public institutions of higher education to disseminate information 

on the rights of, and accommodations and resources for, pregnant students, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 28 (legislative day, SEPTEMBER 22), 2023 

Mr. RUBIO (for himself, Mr. LANKFORD, Mrs. HYDE-SMITH, Mr. SCOTT of 

Florida, Mr. WICKER, and Mr. BRAUN) introduced the following bill; 

which was read twice and referred to the Committee on Health, Education, Labor, and Pensions 

A BILL 

To require public institutions of higher education to disseminate information on the rights of, and accommodations 

and resources for, pregnant students, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Pregnant Students’ 

5 Rights Act of 2023’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 


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1 (1) Female students who are enrolled at institu2 tions of higher education and experiencing un3 planned pregnancies may face pressure that their 

4 only option is to receive an abortion or risk academic 

5 failure. 

6 (2) 27.6 percent of all abortions in the United 

7 States are performed on women of college age, be8 tween the ages of 20 and 24, according to a 2019 

9 report by the Centers for Disease Control and Pre10 vention. 

11 (3) A significant proportion of abortions in the 

12 United States are performed on women of college 

13 age who may be unaware of their rights under title 

14 IX of the Education Amendments of 1972 (20 

15 U.S.C. 1681 et seq.) or deprived of an alternative to 

16 receiving an abortion. 

17 (4) Additionally, women on college campuses 

18 may fear institutional reprisal, loss of athletic schol19 arship, and possible negative impact on academic op20 portunities. 

21 (5) An academic disparity exists because of the 

22 lack of resources, support, and notifications available 

23 for female college students who do not wish to re24 ceive an abortion or who carry their unborn babies 

25 to term. 


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1 SEC. 3. NOTICE OF PREGNANT STUDENT RIGHTS, ACCOM2 MODATIONS, AND RESOURCES. 

3 Section 485 of the Higher Education Act of 1965 (20 

4 U.S.C. 1092) is amended by adding at the end the fol5 lowing: 

6 ‘‘(n) PREGNANT STUDENTS’ RIGHTS, ACCOMMODA7 TIONS, AND RESOURCES.— 

8 ‘‘(1) INFORMATION DISSEMINATION ACTIVITIES; 

9 ESTABLISHMENT OF PROTOCOL.— 

10 ‘‘(A) IN GENERAL.—Each public institu11 tion of higher education participating in any 

12 program under this title shall— 

13 ‘‘(i) in a manner consistent with title 

14 IX of the Education Amendments of 1972 

15 (20 U.S.C. 1681 et seq.), carry out the in16 formation dissemination activities de17 scribed in subparagraph (B) for admitted 

18 but not enrolled and enrolled students (in19 cluding those attending or planning to at20 tend less than full time) on the rights and 

21 resources (including protections and ac22 commodations) for pregnant students (or 

23 students who may become pregnant) while 

24 enrolled at such institution of higher edu25 cation that— 

26 ‘‘(I) exclude abortion services; 


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1 ‘‘(II) may help such a student 

2 carry their unborn babies to term; and 

3 ‘‘(III) include information on how 

4 to file a complaint with the Depart5 ment if such a student believes there 

6 was a violation of title IX of the Edu7 cation Amendments of 1972 (20 

8 U.S.C. 1681 et seq.) by the institution 

9 on account of such student’s preg10 nancy; and 

11 ‘‘(ii) establish a protocol to meet with 

12 a student described in clause (i)(III), 

13 which shall include a meeting with relevant 

14 leadership at the institution of higher edu15 cation, and other relevant parties. 

16 ‘‘(B) DESCRIPTION OF INFORMATION DIS17 SEMINATION REQUIREMENTS.—The information 

18 dissemination activities described in this sub19 paragraph shall include— 

20 ‘‘(i) annual campus-wide emails; or 

21 ‘‘(ii) the provision of information in 

22 student handbooks, at each orientation for 

23 enrolled students, or on the publicly avail24 able website of the institution of higher 

25 education. 


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1 ‘‘(2) ANNUAL REPORT TO CONGRESS.— 

2 ‘‘(A) IN GENERAL.—Each public institu3 tion of higher education participating in any 

4 program under this title shall— 

5 ‘‘(i) on an annual basis, compile and 

6 submit to the Secretary— 

7 ‘‘(I) responses to the questions 

8 described in subparagraph (B) from 

9 students enrolled at such institution 

10 of higher education who voluntarily 

11 provided such responses; and 

12 ‘‘(II) a description of any actions 

13 taken by the institution of higher edu14 cation to address each complaint by a 

15 student that there was a violation of 

16 title IX of the Education Amendments 

17 of 1972 (20 U.S.C. 1681 et seq.) by 

18 the institution on account of such stu19 dent’s pregnancy, including any ac20 tions taken in accordance with the 

21 protocol established under paragraph 

22 (1)(A)(ii); and 

23 ‘‘(ii) ensure that any such responses 

24 remain confidential and do not reveal any 


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1 personally identifiable information with re2 spect to a student. 

3 ‘‘(B) QUESTIONS FOR ENROLLED STU4 DENTS.—The questions described in this sub5 paragraph shall include— 

6 ‘‘(i) if such student experienced an 

7 unexpected pregnancy while enrolled at the 

8 institution of higher education; 

9 ‘‘(ii) if such student felt there were 

10 adequate resources on campus relating to 

11 protections, accommodations, and other re12 sources for pregnant students besides abor13 tion-related services; 

14 ‘‘(iii) if such a student believes there 

15 was a violation of title IX of the Education 

16 Amendments of 1972 (20 U.S.C. 1681 et 

17 seq.) by the institution on account of such 

18 student’s pregnancy; and 

19 ‘‘(iv) if such student considered drop20 ping out or withdrawing from classes be21 cause of pregnancy, new motherhood, still22 birth, or miscarriage. 

23 ‘‘(C) REPORT.—The Secretary shall, on an 

24 annual basis— 


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1 ‘‘(i) prepare a report that compiles 

2 the responses received under subparagraph 

3 (A) from each public institution of higher 

4 education participating in any program 

5 under this title; and 

6 ‘‘(ii) submit such report to the author7 izing committees, and the Committees on 

8 Appropriations of the House of Represent9 atives and the Senate.’’. 

Æ 


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