FACE Act Repeal Act of 2025
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The bill would repeal 18 U.S.C. § 248 — the federal Freedom of Access to Clinic Entrances (FACE) Act — which makes it a federal crime to use force, threat, or physical obstruction to injure, intimidate, or interfere with people seeking reproductive health services or exercising religious freedom at places of worship.
The repeal would also apply to prosecutions already pending on the date of enactment, potentially halting active federal FACE Act cases nationwide.
What this bill would do
What it would do
The bill would repeal 18 U.S.C. § 248, the federal statute known as the Freedom of Access to Clinic Entrances (FACE) Act, by striking it entirely from the U.S. Code. That provision currently prohibits using force, threat of force, or physical obstruction to injure, intimidate, or interfere with persons seeking to obtain or provide reproductive health services, or with persons exercising religious freedom at a place of worship. It would also make a clerical amendment to the table of sections for chapter 13 of title 18 to remove the reference to Section 248.
Critically, the bill's applicability clause would extend the repeal to any prosecution that is pending on — or commenced on or after — the date of enactment, meaning active federal FACE Act cases could not proceed. It would not affect state laws that independently prohibit similar conduct, nor would it repeal other federal statutes that might separately address related offenses.
Key provisions
- 1Would repeal 18 U.S.C. § 248, eliminating all federal criminal prohibitions on using force, threat, or obstruction to interfere with reproductive health services or religious worship.
- 2Would make a clerical amendment striking the Section 248 entry from the table of sections for chapter 13 of title 18.
- 3Would apply the repeal to any FACE Act prosecution that is pending on or commenced on or after the date of enactment, halting active federal cases.
Who would be affected
People seeking or providing reproductive health services at clinics, individuals exercising religious freedom at places of worship, federal prosecutors currently maintaining active FACE Act cases, and defendants presently facing federal charges under Section 248. State and local law enforcement retaining independent authority under state statutes would not be directly affected.
Why it matters
Repeal would remove the only federal criminal statute specifically protecting clinic access and houses of worship from obstruction and intimidation. Pending federal prosecutions under the FACE Act would be terminated upon enactment. Future violations of the conduct the law currently covers could only be addressed through state law or other existing federal statutes, leaving enforcement gaps in states without comparable protections.
What would change
Changes to existing law
Repeals 18 U.S.C. § 248 (Freedom of Access to Clinic Entrances Act) (Sec. 2(a))
Strikes the entire provision prohibiting force, threat of force, or physical obstruction targeting reproductive health clinic access and religious worship.
Effective dates
- Repeal takes effect and applies to pending and new prosecutions
Funding and costs
Congressional Budget Office estimate
CBO estimates that enacting the FACE Act Repeal Act would reduce both revenues and direct spending by less than $500,000 in every year and less than $500,000 over the 2025–2035 period — an insignificant effect on the federal deficit.
H.R. 589 would repeal the federal law that prohibits interference with access to reproductive health services or religious worship, eliminating related civil lawsuits and criminal and civil penalties. CBO estimates the resulting reduction in criminal and civil fines (recorded as revenues) and associated court filing fees would each be insignificant — less than $500,000 annually and over the 2025–2035 window. The bill would impose both an intergovernmental and a private-sector mandate by removing individuals' and state attorneys general's ability to pursue civil remedies; CBO could not determine whether the cost of those mandates would exceed the UMRA thresholds of $103 million (intergovernmental) or $206 million (private-sector) in 2025.
How implementation would work
The bill is largely self-executing. Upon enactment, Section 248 would be stricken from the U.S. Code by operation of law, requiring no agency rulemaking or regulatory action. The applicability clause in Sec. 2(c) would require courts and the Department of Justice to dismiss any pending FACE Act prosecution, since the underlying offense would no longer exist in federal law. No grant programs, reporting requirements, or phased implementation are involved.
Legislative status & sources
Latest action
Ordered to be Reported in the Nature of a Substitute by the Yeas and Nays: 13 - 10.
Official CRS summary
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This bill repeals provisions of federal criminal law that prohibit conduct intended to injure, intimidate, or interfere with persons who are seeking to (1) obtain or provide reproductive health services, or (2) exercise their right of religious freedom at a place of religious worship.
Legislative subjects
Assault and harassment offenses; Civil actions and liability; Crime and Law Enforcement; Crimes against property; Criminal investigation, prosecution, interrogation; Criminal procedure and sentencing; Family planning and birth control; Health facilities and institutions; Religion; Sex and reproductive health; Women's health