H.R. 589, FACE Act Repeal Act

H.R. 589 would repeal a section of federal law that prohibits actions that interfere with a person’s ability to access or provide reproductive health services or to engage in religious worship. Under the bill, individuals and states attorneys general would no longer be able to file civil lawsuits in federal court for violations of the law and the government could not impose civil or criminal penalties related to those actions.

As a result, CBO expects that enacting H.R. 589 would reduce revenues and direct spending. Criminal and civil fines are recorded in the budget as revenues. Criminal fines are deposited in the Crime Victims Fund and later spent without further appropriation. Generally, civil fines are returned to the Treasury and are not available for spending without further appropriation. CBO estimates that any reduction in the collection of civil and criminal penalties would be insignificant.

Additionally, CBO estimates that enacting H.R. 589 would reduce the number of civil cases filed in federal court. Under current law, the federal judiciary charges fees to file suits in district courts. Those fees are recorded in the budget as revenues and the courts can spend those fees without further appropriation. CBO estimates that any reduction in the collections of those fees would be insignificant. In total, CBO estimates that enacting H.R. 589 would reduce revenues and the associated direct spending by less than $500,000 in every year and over the 2025-2035 period.

H.R. 589 would impose an intergovernmental and private-sector mandate as defined in the Unfunded Mandates Reform Act (UMRA) by removing the ability of individuals and state attorneys general to pursue civil remedies for conduct that interfered with the receipt or provision of reproductive health services or participation in religious activities.

The cost of this mandate would be the lost financial awards from successful litigation. CBO cannot anticipate the number of cases that would be prohibited under this bill, the outcome of such cases, or the financial awards from successful litigation. Therefore, CBO cannot determine whether the cost of the mandate would exceed the UMRA intergovernmental and private-sector thresholds ($103 million and $206 million respectfully, in 2025, adjusted annually for inflation).

The CBO staff contacts for this estimate are Jeremy Crimm (for federal costs) and Erich Dvorak (for mandates). The estimate was reviewed by H. Samuel Papenfuss, Deputy Director of Budget Analysis.