Protect Sexual and Reproductive Health Act of 2023
This bill requires the Department of Health and Human Services (HHS) to undertake activities to promote access to sexual and reproductive health and well-being.
The bill renames HHS's Office of Population Affairs as the Office of Sexual and Reproductive Health and modifies its responsibilities. Among other activities, the office must develop and implement a strategy to promote sexual and reproductive health and well-being. This strategy must include recommendations to integrate sexual and reproductive health equity and reproductive justice into federal programs.
HHS must also award grants for improving access to sexual and reproductive health care to nonprofit or community-based organizations that assist individuals seeking abortion services through programs that are unbiased and medically and factually accurate.
Additionally, HHS and the Director of the White House Gender Policy Council must jointly establish an interagency task force to coordinate and promote federal programs and activities related to sexual and reproductive health and well-being.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4281 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 4281
To establish the Office of Sexual and Reproductive Health and Well-
Being within the Department of Health and Human Services, to generate a
whole-of-government approach to protecting and affirming sexual and
reproductive rights, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 22, 2023
Ms. Bush (for herself, Ms. Moore of Wisconsin, Ms. Tlaib, Ms. Clarke of
New York, Mrs. Watson Coleman, Mr. Takano, Mr. Bowman, Ms. Jackson Lee,
Ms. Pressley, and Ms. Norton) introduced the following bill; which was
referred to the Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To establish the Office of Sexual and Reproductive Health and Well-
Being within the Department of Health and Human Services, to generate a
whole-of-government approach to protecting and affirming sexual and
reproductive rights, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protect Sexual and Reproductive
Health Act of 2023''.
SEC. 2. SEXUAL AND REPRODUCTIVE HEALTH AND WELL-BEING; REPRODUCTIVE
JUSTICE AND EQUITY GRANT PROGRAM.
(a) In General.--The Public Health Service Act (42 U.S.C. 201 et
seq.) is amended by inserting after title XXXIII of such Act (42 U.S.C.
300mm et seq.) the following:
``TITLE XXXIV--SEXUAL AND REPRODUCTIVE HEALTH AND WELL-BEING
``SEC. 3401. OFFICE OF SEXUAL AND REPRODUCTIVE HEALTH AND WELL-BEING.
``(a) Establishment.--The Office of Population Affairs in the
Department of Health and Human Services is hereby redesignated as the
Office of Sexual and Reproductive Health and Well-Being (in this
section referred to as the `Office'), to be headed by a Director of
National Sexual and Reproductive Health and Well-Being (in this section
referred to as the `Director'). The Director shall be appointed by the
Secretary.
``(b) Responsibilities.--The Director shall have responsibility for
overseeing activities that promote sexual and reproductive health and
well-being, including--
``(1) funding, conducting, and publicly disseminating the
findings of, research on policies, programs, infrastructure,
and other investments that serve to protect and increase access
to services related to sexual and reproductive health and well-
being;
``(2) not later than 1 year after the date of enactment of
this title, developing a national strategy to promote sexual
and reproductive health and well-being, to be known as the
Sexual and Reproductive Health and Well-Being Strategy (in this
section referred to as the `SRHW Strategy');
``(3) coordinating implementation of the SRHW Strategy by--
``(A) coordinating among Federal departments and
agencies, including the Interagency Task Force on
Sexual and Reproductive Health and Well-Being
established under section 3402;
``(B) assessing Federal regulations and programs
funded by the Federal Government with respect to sexual
and reproductive health and well-being to ensure that
such regulations and programs are consistent with the
SRHW Strategy;
``(C) providing to the public updates, findings,
and recommendations on sexual and reproductive health
services collected from the reports made by recipients
of grants under section 3403;
``(D) leading activities to engage the public,
including publicly available listening sessions with
affected communities;
``(E) coordinating with other Federal departments
and agencies, as appropriate, to develop guidelines and
recommendations for health care providers to implement
best practices for protecting sexual and reproductive
health and well-being;
``(F) supporting and helping to coordinate
interagency initiatives that advance, streamline, and
otherwise implement research programs, services, and
activities that protect and increase access to sexual
and reproductive health and well-being;
``(G) administering grant programs that support
State governments, local governments, and community-
based organizations in protecting and increasing access
to sexual and reproductive health and well-being
research programs, services, and activities; and
``(H) consulting with the Attorney General and the
Chair of the Federal Trade Commission to develop
strategies to--
``(i) protect consumers' privacy when
seeking provision of, or information about,
sexual and reproductive health care services;
and
``(ii) strengthen the protection of
sensitive information related to sexual and
reproductive health care services and bolster
patient-provider confidentiality;
``(4) carrying out community outreach programs to--
``(A) inform local communities about the Office;
and
``(B) notify potential grants recipients of funding
opportunities; and
``(5) submitting to Congress reports in accordance with
subsection (d).
``(c) SRHW Strategy Requirements.--
``(1) Content.--The SRHW Strategy shall--
``(A) identify areas to develop and implement a
sexual and reproductive health framework that moves
beyond a biomedical model of health to include services
with respect to health, well-being, economic stability,
and freedom from discrimination;
``(B) include recommendations--
``(i) to integrate sexual and reproductive
health equity and reproductive justice into
processes and policies used, and programs
provided, by Federal agencies;
``(ii) to remove Federal barriers to full
reproductive autonomy; and
``(iii) to support patient-centered care
models in hospitals, Federally qualified health
centers, and entities eligible to receive funds
under title X;
``(C) with respect to the recommendations under
subparagraph (B), include goals that are comprehensive,
research-based, and long-range; and
``(D) include short-term measurable goals to
promote sexual and reproductive health and well-being
that may be realistically achieved.
``(2) Consultation.--In developing the SRHW Strategy, the
Director shall consult with--
``(A) patients and communities;
``(B) State and local governments; and
``(C) nonprofit and nongovernmental entities and
community-based organizations.
``(d) Reports.--Not later than 18 months after the date of
enactment of this section, and on an annual basis thereafter, the
Director shall submit to the Committee on Energy and Commerce and the
Committee on Appropriations of the House of Representatives and the
Committee on Health, Education, Labor, and Pensions and the Committee
on Appropriations of the Senate, and post on the website of the Office,
a report containing--
``(1) a summary of the state of sexual and reproductive
health and well-being in the United States;
``(2) a description of the effectiveness of the SRHW
Strategy, including a summary of plans for implementing Federal
policy recommendations; and
``(3) a detailed description of the actions taken by
Federal agencies to implement the SRHW Strategy.
``(e) Definitions.--In this section:
``(1) Patient-centered care.--The term `patient-centered
care' refers to a health care philosophy where--
``(A) the health needs and desired health outcomes
of a patient are the driving force behind all health
care decisions and quality measurements; and
``(B) patients are partners with health care
providers and such providers consider, with respect to
a patient, clinical, emotional, mental, spiritual,
social, and financial perspectives.
``(2) Reproductive health.--The term `reproductive
health'--
``(A) means a state of complete physical, mental,
and social well-being; and
``(B) includes all matters relating to the
reproductive system and the functions and processes of
such system, and ensuring that an individual--
``(i) is able to have a satisfying and safe
sex life; and
``(ii) possesses the capability to
reproduce and the freedom to decide if, when,
and how often to reproduce.
``(3) Reproductive justice.--The term `reproductive
justice' means--
``(A) the human right to maintain personal bodily
autonomy;
``(B) the ability to choose whether to have
children; and
``(C) the ability to parent children in safe and
sustainable communities.
``(4) Sexual and reproductive health and well-being.--The
term `sexual and reproductive health and well-being' includes
having access to trauma-informed, culturally sensitive services
and support to attain the highest level of sexual and
reproductive health.
``(5) Sexual and reproductive health equity.--The term
`sexual and reproductive health equity' means a health policy
framework that--
``(A) ensures that individuals (including
individuals across a range of age, gender, race, and
other identities) have what is necessary to attain the
highest level of sexual and reproductive health
including having self-determination and the ability to
achieve reproductive goals; and
``(B) includes government policies that value and
support individuals fairly and justly.
``SEC. 3402. INTERAGENCY TASK FORCE ON SEXUAL AND REPRODUCTIVE HEALTH
AND WELL-BEING.
``(a) Establishment.--The Secretary and the Director of the Gender
Policy Council, acting jointly, shall establish and maintain an
interagency task force to be known as the Interagency Task Force on
Sexual and Reproductive Health and Well-Being (referred to in this
section as the `Task Force') to coordinate and promote Federal programs
and activities related to sexual and reproductive health and well-
being.
``(b) Members.--The Task Force shall be composed of the following
members (or their designees):
``(1) The Secretary of Health and Human Services, who shall
serve as a Co-Chair of the Task Force.
``(2) The Director of the Gender Policy Council, who shall
serve as a Co-Chair of the Task Force.
``(3) The Attorney General of the United States.
``(4) The Secretary of Housing and Urban Development.
``(5) The Secretary of Education.
``(6) The Secretary of Labor.
``(7) The Administrator of the Environmental Protection
Agency.
``(8) The Secretary of Transportation.
``(9) The Secretary of Homeland Security.
``(10) The Secretary of the Interior.
``(11) The Secretary of State.
``(12) The Secretary of Agriculture.
``(13) The Secretary of Defense.
``(14) The Secretary of the Treasury.
``(15) The Secretary of Veterans Affairs.
``(16) The Secretary of Energy.
``(17) The Chair of the Federal Trade Commission.
``(18) The heads of other Federal departments and agencies,
as determined necessary by the Secretary of Health and Human
Services and Director of the Gender Policy Council.
``(c) Duties.--The Task Force shall--
``(1) identify and coordinate activities to protect and
strengthen access to essential reproductive health care and
support services, and promote sexual and reproductive health
and well-being;
``(2) coordinate Federal interagency policymaking, program
development, and outreach efforts--
``(A) to address barriers that individuals and
entities may face in seeking and providing reproductive
health care services; and
``(B) to promote and protect sexual and
reproductive health and well-being;
``(3) on an annual basis, conduct a comprehensive equity-
focused assessment of all Federal funds allocated for, and all
Federal programs that support, sexual and reproductive health
and well-being;
``(4) facilitate ongoing efforts to provide and support a
whole-of-government approach to protecting and promoting sexual
and reproductive health and well-being; and
``(5) support implementation of the SRHW Strategy by--
``(A) developing agency-specific implementation and
accountability plans; and
``(B) tracking and reporting, on an annual basis,
information related to the Task Force's activities,
assessments, and policy recommendations for protecting
and improving sexual and reproductive health and well-
being.
``(d) Meetings.--For the purpose of carrying out this section, the
Task Force may hold such meetings, and sit and act at such times and
places, as the Task Force considers appropriate.
``(e) Information.--The Task Force may secure directly from any
Federal agency such information as may be necessary to enable the Task
Force to carry out this section. Upon request of the Co-Chairs of the
Task Force, the head of such agency shall furnish such information to
the Task Force.
``SEC. 3403. REPRODUCTIVE JUSTICE AND EQUITY GRANT PROGRAM.
``(a) In General.--The Secretary shall award grants to eligible
entities to pay for programs and services related to improving patient
access to sexual and reproductive health care.
``(b) Timing.--Beginning not later than 30 days after the date of
enactment of this section, the Secretary shall solicit applications for
grants under this section.
``(c) Use of Funds.--An eligible entity receiving a grant under
this section shall use the grant to pay for programs and services
related to improving patient access to sexual and reproductive health
care, which may include any of the following:
``(1) Mobile sexual and reproductive health care clinics.
``(2) Travel expenses.
``(3) Lodging.
``(4) Food assistance.
``(5) Childcare.
``(6) Translation services.
``(7) Doula care.
``(8) Patient education and information services.
``(9) Direct financial assistance.
``(10) Housing assistance.
``(11) Legal aid.
``(12) Comprehensive sex education.
``(13) Medical costs.
``(14) Behavioral health counseling.
``(d) Priority.--In selecting the recipients of grants under this
section, the Secretary shall give priority to eligible entities that--
``(1) serve people who live in a jurisdiction that has
banned or severely restricted access to abortion;
``(2) serve people who travel to a jurisdiction other than
the one where they live to be provided abortion services; or
``(3) have a program in operation, or submit as part of the
application required under subsection (d) a plan to establish
and operate a program, to help patients access abortion
services.
``(e) Definitions.--In this section:
``(1) The term `eligible entity'--
``(A) means a nonprofit organization, or a
community-based organization, that assists individuals
seeking an abortion through programs, services, or
activities that are unbiased and medically and
factually accurate; and
``(B) excludes any entity that discourages
individuals from seeking an abortion.
``(2) The term `nonprofit organization' means an
organization that--
``(A) is described in subsection (c)(3) of section
501 of the Internal Revenue Code of 1986; and
``(B) is, under subsection (a) of such section,
exempt from taxation.
``(f) Authorization of Appropriations.--To carry out this section,
there is authorized to be appropriated $500,000,000 for each of fiscal
years 2024 through 2028.''.
(b) Conforming Changes; References.--
(1) Repeals.--Sections 3 and 4 of the Family Planning
Services and Population Research Act of 1970 (42 U.S.C. 3505a,
3505b) are hereby repealed.
(2) References.--Any reference to the Office of Population
Affairs of the Department of Health and Human Services or the
Deputy Assistant Secretary of Population Affairs in any law,
rule, regulation, certificate, directive, instruction, or other
official paper in force on the effective date of this Act shall
be deemed to refer and apply to the Office of National Sexual
and Reproductive Health and Well-Being or the Director of
National Sexual and Reproductive Health and Well-Being,
respectively.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Energy and Commerce.
Referred to the Subcommittee on Health.
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