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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8801 Introduced in House (IH)]
<DOC>
118th CONGRESS
2d Session
H. R. 8801
To amend the Public Health Service Act to provide more opportunities
for mothers to succeed, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 21, 2024
Mrs. Fischbach (for herself, Mrs. Harshbarger, Ms. Tenney, Mrs. Hinson,
and Mr. Lamborn) introduced the following bill; which was referred to
the Committee on Ways and Means, and in addition to the Committee on
Energy and Commerce, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To amend the Public Health Service Act to provide more opportunities
for mothers to succeed, 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``More Opportunities
for Moms to Succeed Act'' or the ``MOMS Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--FEDERAL CLEARINGHOUSE OF RESOURCES FOR EXPECTING MOMS
Sec. 101. Pregnancy.gov.
Sec. 102. National list of licensed child placement agencies.
Sec. 103. List of funding opportunities available to pregnancy support
centers.
TITLE II--IMPROVING ACCESS TO PRENATAL AND POSTNATAL RESOURCES
Sec. 201. Positive alternatives for women.
Sec. 202. Improving access to prenatal and postnatal telehealth care.
TITLE III--UNBORN CHILD SUPPORT
Sec. 301. Child support enforcement on behalf of unborn children.
TITLE I--FEDERAL CLEARINGHOUSE OF RESOURCES FOR EXPECTING MOMS
SEC. 101. PREGNANCY.GOV.
The Public Health Service Act (42 U.S.C. 201 et seq.) is amended by
adding at the end the following:
``TITLE XXXIV--RESOURCE DIRECTORY FOR MOMS
``SEC. 3401. ESTABLISHMENT OF PREGNANCY.GOV WEBSITE.
``(a) Website.--Not later than 1 year after the date of enactment
of this section, the Secretary shall publish a public website entitled
`pregnancy.gov'. The Secretary may not delegate implementation or
administration of the website below the level of the Office of the
Secretary. The website shall include the following:
``(1) A clearinghouse of relevant resources available for
pregnant and postpartum women, and women parenting young
children.
``(2) A series of questions through which a user is able to
generate a list of relevant resources of interest within the
user's ZIP Code.
``(3) A means to direct the user to identify whether to
list the relevant resources of interest that are available
online or within 1, 5, 10, 50, and 100 miles of the user.
``(4) A mechanism for users to take an assessment through
the website and provide consent to use the user's contact
information, which the Secretary may use to conduct outreach
via phone or email to follow up with users on additional
resources that would be helpful for the users to review.
``(b) Resource List Aggregation.--
``(1) In general.--The Secretary shall invite each State to
provide recommendations of relevant resources referred to in
subsection (a)(3) for such State.
``(2) Criteria for making recommendations.--The Secretary
shall develop criteria to provide to the States to determine
whether resources recommended as described in paragraph (1)
should appear on the website. Such criteria shall include the
requirement that the relevant resource is not a prohibited
entity.
``(3) Grant program.--
``(A) In general.--The Secretary shall provide
grants to States to establish or support a system
that--
``(i) aggregates relevant resources
referred to in subsection (a)(3), in accordance
with the criteria developed under paragraph
(2); and
``(ii) may be coordinated, to the extent
determined appropriate by the State, by a
statewide, regionally-based, or community-based
public or private entity.
``(B) Applications.--To be eligible to receive a
grant under subparagraph (A), a State shall submit an
application to the Secretary at such time, in such
manner, and containing such information as the
Secretary may require, including a plan for outreach
and awareness activities, and a list of relevant
resources that would be included in the State system
supported by the grant.
``(c) Prohibition Regarding Certain Entities.--Relevant resources
listed on the website, and any additional resources promoted by the
Secretary, may not include any resource offered by a prohibited entity.
No prohibited entity may receive a grant provided under subsection
(b)(3).
``(d) Services in Different Languages.--The Secretary shall ensure
that the website provides the widest possible access to services for
families who speak languages other than English.
``(e) Reporting Requirements.--
``(1) In general.--Not later than 180 days after the date
on which the website is established under this section, the
Secretary shall submit to Congress a report on--
``(A) the traffic of the website;
``(B) user feedback on the accessibility and
helpfulness of the website in tailoring to the user's
needs;
``(C) insights on gaps in relevant resources with
respect to services for pregnant and postpartum women,
or women parenting young children;
``(D) suggestions on how to improve user experience
and accessibility based on user feedback and missing
resources that would be helpful to include in future
updates; and
``(E) certification that no prohibited entities are
listed as a relevant resource or are in receipt of a
grant under subsection (b)(3).
``(2) Confidentiality.--The report under paragraph (1)
shall not include any personal identifying information
regarding individuals who have used the website.
``(f) Authorization of Appropriations.--To carry out this section,
there are authorized to be appropriated such sums as may be necessary
for each of fiscal years 2024 through 2029.
``(g) Definitions.--In this section:
``(1) Abortion.--The term `abortion' means the use or
prescription of any instrument, medicine, drug, or any other
substance or device to intentionally--
``(A) kill the unborn child of a woman known to be
pregnant; or
``(B) terminate the pregnancy of a woman known to
be pregnant, with an intention other than--
``(i) after viability, to produce a live
birth and preserve the life and health of the
child born alive;
``(ii) to remove a dead unborn child; or
``(iii) to treat an ectopic pregnancy.
``(2) Born alive.--The term `born alive' has the meaning
given such term in section 8(b) of title 1, United States Code.
``(3) Prohibited entity.--The term `prohibited entity'
means an entity, including its affiliates, subsidiaries,
successors, and clinics, that performs, induces, refers for, or
counsels in favor of abortions, or provides financial support
to any other organization that conducts such activities.
``(4) Relevant resources.--The term `relevant resources'
means the Federal, State, local governmental, and private
resources that serve pregnant and postpartum women, or women
parenting young children in the categories of the following
topics:
``(A) Mentorship opportunities, including pregnancy
and parenting help and case management resources.
``(B) Health and well-being services, including
women's medical services such as obstetrical and
gynecological support services for women, abortion pill
reversal, breastfeeding, general health services,
primary care, and dental care.
``(C) Financial assistance, work opportunities,
nutrition assistance, childcare, and education
opportunities for parents.
``(D) Material or legal support, including
transportation, food, nutrition, clothing, household
goods, baby supplies, housing, shelters, maternity
homes, tax preparation, legal support for child
support, family leave, breastfeeding protections, and
custody issues.
``(E) Recovery and mental health services,
including services with respect to addiction or suicide
intervention, intimate partner violence, sexual
assault, rape, sex trafficking, and counseling for
women and families surrounding unexpected loss of a
child.
``(F) Prenatal diagnostic services, including
disability support organizations, medical interventions
for a baby, perinatal hospice resources, pregnancy and
infant loss support, and literature on pregnancy
wellness.
``(G) Healing and support services for abortion
survivors and their families.
``(H) Services providing childcare, adoption,
foster care, and short term childcare services and
resources.
``(I) Comprehensive information on alternatives to
abortion.
``(J) Information about abortion risks, including
complications and failures.
``(K) Links to information on child development
from moment of conception.
``(5) Unborn child.--The term `unborn child' has the
meaning given such term in section 1841(d) of title 18, United
States Code.
``(6) Website.--The term `website' means the public website
entitled `pregnancy.gov' required to be established under
subsection (a).''.
SEC. 102. NATIONAL LIST OF LICENSED CHILD PLACEMENT AGENCIES.
(a) In General.--Section 474 of the Social Security Act (42 U.S.C.
674) is amended by adding at the end the following:
``(h) National List of Licensed Child Placement Agencies.--
``(1) State reporting.--
``(A) In general.--Not later than January 1 of each
fiscal year, a State with a plan approved under this
part for the fiscal year shall submit to the Secretary
a list of private child placement agencies that, as of
the end of the preceding fiscal year, were licensed or
accredited by, and in good standing with, the State and
exempt from Federal income tax by reason of section
501(c)(3) of the Internal Revenue Code of 1986.
``(B) Child placement agency.--In subparagraph (A),
the term `child placement agency' means an agency that
places children in prospective adoptive homes.
``(2) National list.--The Secretary, through the United
States Children's Bureau, shall compile and maintain on the
public website entitled `pregnancy.gov' required to be
established under title XXXIV of the Public Health Service Act,
a publicly available list consisting of each list most recently
submitted by a State under paragraph (1).
``(3) Annual reports to congress.--Not later than the 2nd
December 31 after the date of the enactment of this subsection,
and annually thereafter, the Secretary shall submit to the
Congress a written report that contains the list maintained
under paragraph (2) and identifies any child placement agency
that is licensed by a State and is not on the list, and a
specification of any disciplinary actions that a State has
taken against a private child placement agency.''.
(b) Loss of Eligibility for Adoption and Legal Guardianship
Incentive Payments for Failure of State To Comply With List Submission
Requirement.--Section 473A(b) of such Act (42 U.S.C. 673b(b)) is
amended--
(1) by striking ``and'' at the end of paragraph (3);
(2) by striking the period at the end of paragraph (4) and
inserting ``; and''; and
(3) by adding at the end the following:
``(5) the State has complied with section 474(h)(1) with
respect to the preceding fiscal year.''.
SEC. 103. LIST OF FUNDING OPPORTUNITIES AVAILABLE TO PREGNANCY SUPPORT
CENTERS.
Title XXXIV of the Public Health Service Act (as added by section
101) is amended by adding at the end the following:
``SEC. 3402. LIST OF FUNDING OPPORTUNITIES AVAILABLE TO PREGNANCY
SUPPORT CENTERS.
``The Secretary shall compile and maintain on the public website
entitled `pregnancy.gov' required to be established under section 3401,
a publicly available list of Federal funding opportunities available to
nonprofit and health care entities for pregnancy support services that
offer or provide the relevant resources (as defined in subsection (g)
of such section).''.
TITLE II--IMPROVING ACCESS TO PRENATAL AND POSTNATAL RESOURCES
SEC. 201. POSITIVE ALTERNATIVES FOR WOMEN.
(a) Program Authority.--
(1) Purpose.--The purpose of grants under this section
shall be to support, encourage, and assist women--
(A) to carry their pregnancies to term; and
(B) to care for themselves and their babies after
birth.
(2) Grants.--For the purpose described in paragraph (1),
the Secretary shall award grants to eligible entities described
in subsection (b) to provide information on, referral to, and
direct services as described in subsection (c).
(b) Eligibility.--
(1) Eligible entities.--To be eligible for a grant under
this section, an entity shall--
(A) be a nonprofit organization;
(B) support, encourage, and assist women as
described in subsection (a)(1);
(C) agree to be subject to such monitoring and
review as the Secretary may require under subsection
(g);
(D) agree to not charge women for services provided
through the grant;
(E) provide each pregnant woman counseled through
the grant with accurate information on the
developmental characteristics of babies and of unborn
children, including offering printed information; and
(F) have a privacy policy and procedures in place
to ensure that--
(i) the name, address, telephone number, or
any other information that might identify any
woman seeking services supported through the
grant is not made public or shared with any
other entity without the written consent of the
woman; and
(ii) the grantee adheres to requirements
comparable to those applicable under the HIPAA
privacy regulation (as defined in section
1180(b)(3) of the Social Security Act (42
U.S.C. 1320d-9(b)(3))) to covered entities (as
defined for purposes of such regulation).
(2) Ineligible entities.--An entity shall be ineligible to
receive a grant under this section if the entity or any
affiliate, subsidiary, successor, or clinic thereof--
(A) performs, induces, refers for, or counsels in
favor of abortions; or
(B) provides financial support to any other entity
that conducts any activity described in subparagraph
(A).
(3) Financial records.--As a condition on receipt of a
grant under this section, an eligible entity shall agree to
maintain and make available to the Secretary records, including
financial records, that demonstrate that the entity satisfies
the requirements of paragraph (1) and is not ineligible by
operation of paragraph (2).
(c) Covered Services.--
(1) Required information and referral.--For the purpose
described in subsection (a)(1), an eligible entity receiving a
grant under this section shall use the grant to provide to
pregnant and postpartum women, or women parenting young
children, information on, and referral to, each of the
following services:
(A) Medical care.
(B) Nutritional services.
(C) Housing assistance.
(D) Adoption services.
(E) Education and employment assistance, including
services that support the continuation and completion
of high school.
(F) Child care assistance.
(G) Parenting education and support services.
(H) Voluntary substance abuse counseling and
treatment.
(2) Permissible direct provision of services.--For the
purpose described in subsection (a)(1), in addition to using a
grant under this section as described in paragraph (1), an
eligible entity receiving a grant under this section may use
the grant for the direct provision of one or more services
listed in paragraph (1).
(d) Prohibited Uses of Funds.--None of the funds made available
under this section shall be used--
(1) for health benefits coverage that includes coverage of
abortion;
(2) for providing or assisting a woman to obtain adoption
services from a provider of adoption services that is not
licensed; and
(3) for any of the activities described in subsection
(b)(2).
(e) Consideration.--In selecting the recipients of grants under
this section, the Secretary shall consider each applicant's
demonstrated capacity in providing services to assist a pregnant woman
in carrying her pregnancy to term.
(f) Monitoring and Review.--The Secretary shall--
(1) monitor and review each program funded through a grant
under this section to ensure that the grantee carefully adheres
to--
(A) the purpose described in subsection (a)(1); and
(B) the requirements of this section; and
(2) cease to fund a program under this section if the
grantee fails to adhere to such purpose and requirements.
(g) Definitions.--In this section:
(1) Abortion.--The term ``abortion'' means the use or
prescription of any instrument, medicine, drug, or any other
substance or device to intentionally--
(A) kill the unborn child of a woman known to be
pregnant; or
(B) terminate the pregnancy of a woman known to be
pregnant, with an intention other than--
(i) after viability, to produce a live
birth and preserve the life and health of the
child born alive;
(ii) to remove a dead unborn child; or
(iii) to treat an ectopic pregnancy.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(h) Authorization of Appropriations.--To carry out this section,
there are authorized to be appropriated such sums as may be necessary
for each of fiscal years 2024 through 2029.
SEC. 202. IMPROVING ACCESS TO PRENATAL AND POSTNATAL TELEHEALTH CARE.
(a) In General.--The Secretary shall award grants to, or enter into
cooperative agreements with, eligible entities to purchase equipment
necessary for carrying out at-home telehealth visits for screening,
monitoring, and management of prenatal and postnatal care for the
purpose of improving maternal and infant health outcomes, and reducing
maternal mortality, by improving access to care in rural areas,
frontier counties, medically underserved areas, or jurisdictions of
Indian Tribes and Tribal organizations.
(b) Ineligible Entities.--An entity shall be ineligible to receive
a grant or enter into a cooperative agreement under this section if the
entity or any affiliate, subsidiary, successor, or clinic thereof--
(1) performs, induces, refers for, or counsels in favor of
abortions; or
(2) provides financial support to any other entity that
conducts any activity described in paragraph (1).
(c) Use of Funds.--A recipient of a grant or cooperative agreement
under this section shall use the award funds as described in subsection
(a), which may include purchasing or providing equipment necessary for
carrying out at-home telehealth visits (such as remote physiologic
devices and related services, including pulse oximeters, blood pressure
cuffs, scales, and blood glucose monitors) to screen, monitor, and
manage prenatal and postnatal care at home by means of telehealth
visits and services for the purpose described in subsection (a).
(d) Report to Congress.--Not later than September 30, 2028, the
Secretary shall submit to Congress a report on activities supported
through grants and cooperative agreements under this section,
including--
(1) a description of the activities conducted pursuant to
such grants and cooperative agreements; and
(2) an analysis of the effects of such grants and
cooperative agreements on improving prenatal and postnatal care
in areas and jurisdictions described in subsection (a).
(e) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity'' means an
entity that provides prenatal care, labor care, birthing, or
postpartum care services in a rural area, a frontier county, a
medically underserved area, or the jurisdiction of an Indian
Tribe or Tribal organization.
(2) Frontier county.--The term ``frontier county'' has the
meaning given such term in section 1886(d)(3)(E)(iii)(III) of
the Social Security Act (42 U.S.C. 1395ww(d)(3)(E)(iii)(III)).
(3) Indian tribe; tribal organization.--The terms ``Indian
Tribe'' and ``Tribal organization'' have the meanings given
such terms in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5304).
(4) Medically underserved area.--The term ``medically
underserved area'' means a health professional shortage area
designated under section 332 of the Public Health Service Act
(42 U.S.C. 254e).
(5) Rural area.--The term ``rural area'' has the meaning
given such term in section 330J(e) of the Public Health Service
Act (42 U.S.C. 254c-15(e)).
(6) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(f) Authorization of Appropriations.--To carry out this section,
there are authorized to be appropriated such sums as may be necessary
for each of fiscal years 2024 through 2029.
TITLE III--UNBORN CHILD SUPPORT
SEC. 301. CHILD SUPPORT ENFORCEMENT ON BEHALF OF UNBORN CHILDREN.
(a) State Plan Amendment.--Section 454 of the Social Security Act
(42 U.S.C. 654) is amended--
(1) in paragraph (4)(A)--
(A) in clause (i)--
(i) by inserting ``, including an unborn
child,'' after ``child''; and
(ii) by inserting ``and'' after the
semicolon; and
(B) in clause (ii), by inserting ``, including an
unborn child'' after ``other child'';
(2) in paragraph (33), by striking ``and'' after the
semicolon;
(3) in paragraph (34), by striking the period and inserting
``; and'';
(4) by inserting after paragraph (34), the following:
``(35) provide that the State will establish and enforce
child support obligations of the biological father of an unborn
child (and subsequent to the birth of the child) to the mother
of such child provided that--
``(A) the mother has requested payment of such
child support obligations;
``(B) the start date for such obligations may begin
with the first month in which the child was conceived,
as determined by a physician (and shall begin with that
month if the mother so requests);
``(C) payments for such obligations may be
retroactively collected or awarded, including in the
case where paternity is established subsequent to the
birth of the child;
``(D) the payment amount for such obligations shall
be determined by a court, in consultation with the
mother, taking into account the best interests of the
mother and child;
``(E) any measure to establish the paternity of a
child (born or unborn) shall not be required without
the consent of the mother; and
``(F) any measure to establish the paternity of an
unborn child shall not be taken if the measure poses
any risk of harm to the child if unborn.''; and
(5) by adding at the end the following: ``For purposes of
paragraphs (4) and (35), the term `unborn child' means a member
of the species homo sapiens, at any stage of development, who
is carried in the womb.''.
(b) Limitation of Waiver Authority.--Section 1115 of the Social
Security Act (42 U.S.C. 1315) is amended--
(1) in subsection (a), in the matter preceding paragraph
(1), by striking ``In the case of'' and inserting ``Except as
provided in subsection (c), in the case of'';
(2) in subsection (b)(1), in the matter preceding
subparagraph (A), by striking ``In the case of'' and inserting
``Except as provided in subsection (c), in the case of''; and
(3) by striking subsection (c) and inserting the following:
``(c) No experimental, pilot, or demonstration project undertaken
under subsection (a) to assist in promoting the objectives of part D of
title IV, may permit modifications of paragraphs (4)(A)(ii) and (35) of
section 454 to establish and enforce child support obligations of the
biological father of an unborn child. For purposes of the preceding
sentence, the term `unborn child' means a member of the species homo
sapiens, at any stage of development, who is carried in the womb.''.
(c) Effective Date.--The amendments made by this section shall take
effect on the date that is 2 years after the date of enactment of this
Act and shall apply to payments under part D of title IV of the Social
Security Act (42 U.S.C. 651 et seq.) for calendar quarters beginning on
or after such date.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Ways and Means, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Ways and Means, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Health.
Referred to the Subcommittee on Work and Welfare.
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