H.R. 6359 explained · 119th Congress · Pending in Congress
Pregnant Students’ Rights Act
Cosponsors: 3 (0 D, 3 R) · per Congress.gov, 2026-10-09
Introduced: 2025-12-02
Latest action (2026-01-26): Received in the Senate. Read twice. Placed on Senate Legislative Calendar under General Orders. Calendar No. 303.
What H.R. 6359 does, in plain terms
Pregnant Students' Rights Act This bill requires each institution of higher education (IHE) that participates in federal student aid programs to provide certain information to prospective and enrolled students on the rights and resources for pregnant students to carry a baby to term or students who may become pregnant while enrolled at the IHE to carry a baby to term. In particular, this required information must include a list of community and on-campus resources that exist to help a pregnant student in carrying the baby to term and caring for the baby after birth, information about the accommodations available to help a pregnant student carry the baby to term and parent the baby after birth, and information on how to file a discrimination complaint related to the student's determination to carry a baby to term.
Official summary by the Congressional Research Service, via Congress.gov.
Constitution Index
“VFA Constitution grade”
Constitutionally sound
Graded 2026-10-09
SI-generated grade · five published checks · not individually reviewed by a person · methodology
The bill is a permissible exercise of Congress's spending power. It attaches a narrow information-disclosure condition to voluntary participation in federal student aid programs, does not restrict student speech, privacy, or reproductive choice, and does not commandeer state governments or take property. It is consistent with the Constitution.
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✓ Passes · Enumerated powers
Congress has authority under Article I, Section 8, Clause 1 to spend for the general welfare and to attach conditions to the receipt of federal funds. Because this bill conditions participation in federal student aid programs on providing pregnant students with information about existing resources, accommodations, and complaint procedures, it is a valid exercise of the spending power rather than a… -
✓ Passes · Bill of Rights
No First Amendment right is infringed. The bill requires institutions to provide factual information about existing resources and legal complaint procedures; it does not compel ideological speech, punish student expression, restrict assembly, or burden religious exercise. It also does not implicate the Second, Third, Fourth, Sixth, Seventh, Eighth, Ninth, or Tenth Amendments. The First Amendment p… -
✓ Passes · Individual sovereignty
The bill does not restrict what a pregnant student may do with her own body, property, speech, labor, or beliefs. It does not require or prohibit abortion, childbirth, or parenting. It only requires institutions to provide information about resources for students who choose to carry a pregnancy to term and about accommodations and complaint procedures. Students retain full freedom of choice, so no… -
✓ Passes · Decentralization
The bill does not commandeer state governments or preempt state authority over education. It operates through the federal government's own student aid program and leaves universities and states substantial latitude in implementing accommodations and identifying resources. An individual student cannot, without institutional obligation, compel comprehensive disclosure; a local community cannot bind … -
✓ Passes · Due process and takings
The bill imposes no fine, penalty, forfeiture, or deprivation. It does not create a presumption of guilt or bypass a hearing. It also does not take private property; institutions voluntarily participate in federal student aid programs and may decline the funds if they do not wish to comply with the disclosure condition. The Fifth Amendment's Due Process and Takings Clauses are not implicated.
Sources: Congress.gov: HR 6359 summary
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