MOMS-Act FINAL-Britt Rubio Cramer1
MOMS-Act FINAL-Britt Rubio Cramer1
MOMS-Act FINAL-Britt Rubio Cramer1
S. ll
118TH CONGRESS
2D SESSION
To amend the Public Health Service Act to provide more opportunities for
mothers to succeed, and for other purposes.
A BILL
To amend the Public Health Service Act to provide more
opportunities for mothers to succeed, and for other purposes.
2
Sec. 101. Pregnancy.gov.
Sec. 102. National list of licensed child placement agencies.
Sec. 103. List of funding opportunities available to pregnancy support centers.
10 WEBSITE.
3
1 ‘‘(2) A series of questions through which a user
2 is able to generate a list of relevant resources of in-
3 terest within the user’s zip code.
4 ‘‘(3) A means to direct the user to identify
5 whether to list the relevant resources of interest that
6 are available online or within 1, 5, 10, 50, and 100
7 miles of the user.
8 ‘‘(4) A mechanism for users to take an assess-
9 ment through the website and provide consent to use
10 the user’s contact information, which the Secretary
11 may use to conduct outreach via phone or email to
12 follow up with users on additional resources that
13 would be helpful for the users to review.
14 ‘‘(b) RESOURCE LIST AGGREGATION.—
15 ‘‘(1) IN GENERAL.—The Secretary shall invite
16 each State to provide recommendations of relevant
17 resources referred to in subsection (a)(3) for such
18 State.
19 ‘‘(2) CRITERIA FOR MAKING RECOMMENDA-
4
1 ‘‘(3) GRANT PROGRAM.—
5
1 prohibited entity may receive a grant provided under sub-
2 section (b)(3).
3 ‘‘(d) SERVICES IN DIFFERENT LANGUAGES.—The
4 Secretary shall ensure that the website provides the widest
5 possible access to services for families who speak lan-
6 guages other than English.
7 ‘‘(e) REPORTING REQUIREMENTS.—
8 ‘‘(1) IN GENERAL.—Not later than 180 days
9 after the date on which the website is established
10 under this section, the Secretary shall submit to
11 Congress a report on—
12 ‘‘(A) the traffic of the website;
13 ‘‘(B) user feedback on the accessibility and
14 helpfulness of the website in tailoring to the
15 user’s needs;
16 ‘‘(C) insights on gaps in relevant resources
17 with respect to services for pregnant and
18 postpartum women, or women parenting young
19 children;
20 ‘‘(D) suggestions on how to improve user
21 experience and accessibility based on user feed-
22 back and missing resources that would be help-
23 ful to include in future updates; and
KEN24230 3YG S.L.C.
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1 ‘‘(E) certification that no prohibited enti-
2 ties are listed as a relevant resource or are in
3 receipt of a grant under subsection (b)(3).
4 ‘‘(2) CONFIDENTIALITY.—The report under
5 paragraph (1) shall not include any personal identi-
6 fying information regarding individuals who have
7 used the website.
8 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—To
9 carry out this section, there are authorized to be appro-
10 priated such sums as may be necessary for each of fiscal
11 years 2024 through 2029.
12 ‘‘(g) DEFINITIONS.—In this section:
13 ‘‘(1) ABORTION.—The term ‘abortion’ means
14 the use or prescription of any instrument, medicine,
15 drug, or any other substance or device to inten-
16 tionally—
17 ‘‘(A) kill the unborn child of a woman
18 known to be pregnant; or
19 ‘‘(B) terminate the pregnancy of a woman
20 known to be pregnant, with an intention other
21 than—
22 ‘‘(i) after viability, to produce a live
23 birth and preserve the life and health of
24 the child born alive;
KEN24230 3YG S.L.C.
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1 ‘‘(ii) to remove a dead unborn child;
2 or
3 ‘‘(iii) to treat an ectopic pregnancy.
4 ‘‘(2) BORN ALIVE.—The term ‘born alive’ has
5 the meaning given such term in section 8(b) of title
6 1, United States Code.
7 ‘‘(3) PROHIBITED ENTITY.—The term ‘prohib-
8 ited entity’ means an entity, including its affiliates,
9 subsidiaries, successors, and clinics, that performs,
10 induces, refers for, or counsels in favor of abortions,
11 or provides financial support to any other organiza-
12 tion that conducts such activities.
13 ‘‘(4) RELEVANT RESOURCES.—The term ‘rel-
14 evant resources’ means the Federal, State, local gov-
15 ernmental, and private resources that serve pregnant
16 and postpartum women, or women parenting young
17 children in the categories of the following topics:
18 ‘‘(A) Mentorship opportunities, including
19 pregnancy and parenting help and case man-
20 agement resources.
21 ‘‘(B) Health and well-being services, in-
22 cluding women’s medical services such as ob-
23 stetrical and gynecological support services for
24 women, abortion pill reversal, breastfeeding,
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1 general health services, primary care, and den-
2 tal care.
3 ‘‘(C) Financial assistance, work opportuni-
4 ties, nutrition assistance, childcare, and edu-
5 cation opportunities for parents.
6 ‘‘(D) Material or legal support, including
7 transportation, food, nutrition, clothing, house-
8 hold goods, baby supplies, housing, shelters,
9 maternity homes, tax preparation, legal support
10 for child support, family leave, breastfeeding
11 protections, and custody issues.
12 ‘‘(E) Recovery and mental health services,
13 including services with respect to addiction or
14 suicide intervention, intimate partner violence,
15 sexual assault, rape, sex trafficking, and coun-
16 seling for women and families surrounding un-
17 expected loss of a child.
18 ‘‘(F) Prenatal diagnostic services, includ-
19 ing disability support organizations, medical
20 interventions for a baby, perinatal hospice re-
21 sources, pregnancy and infant loss support, and
22 literature on pregnancy wellness.
23 ‘‘(G) Healing and support services for
24 abortion survivors and their families.
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1 ‘‘(H) Services providing childcare, adop-
2 tion, foster care, and short term childcare serv-
3 ices and resources.
4 ‘‘(I) Comprehensive information on alter-
5 natives to abortion.
6 ‘‘(J) Information about abortion risks, in-
7 cluding complications and failures.
8 ‘‘(K) Links to information on child devel-
9 opment from moment of conception.
10 ‘‘(5) UNBORN CHILD.—The term ‘unborn child’
11 has the meaning given such term in section 1841(d)
12 of title 18, United States Code.
13 ‘‘(6) WEBSITE.—The term ‘website’ means the
14 public website entitled ‘pregnancy.gov’ required to be
15 established under subsection (a).’’.
16 SEC. 102. NATIONAL LIST OF LICENSED CHILD PLACEMENT
17 AGENCIES.
10
1 approved under this part for the fiscal year
2 shall submit to the Secretary a list of private
3 child placement agencies that, as of the end of
4 the preceding fiscal year, were licensed or ac-
5 credited by, and in good standing with, the
6 State and exempt from Federal income tax by
7 reason of section 501(c)(3) of the Internal Rev-
8 enue Code of 1986.
9 ‘‘(B) CHILD PLACEMENT AGENCY.—In
11
1 placement agency that is licensed by a State and is
2 not on the list, and a specification of any discipli-
3 nary actions that a State has taken against a private
4 child placement agency.’’.
5 (b) LOSS OF ELIGIBILITY FOR ADOPTION AND
12
1 tablished under section 3401, a publicly available list of
2 Federal funding opportunities available to nonprofit and
3 health care entities for pregnancy support services that
4 offer or provide the relevant resources (as defined in sub-
5 section (g) of such section).’’.
6 TITLE II—IMPROVING ACCESS
7 TO PRENATAL AND POST-
8 NATAL RESOURCES
9 SEC. 201. POSITIVE ALTERNATIVES FOR WOMEN.
13
1 (B) support, encourage, and assist women
2 as described in subsection (a)(1);
3 (C) agree to be subject to such monitoring
4 and review as the Secretary may require under
5 subsection (g);
6 (D) agree to not charge women for services
7 provided through the grant;
8 (E) provide each pregnant woman coun-
9 seled through the grant with accurate informa-
10 tion on the developmental characteristics of ba-
11 bies and of unborn children, including offering
12 printed information; and
13 (F) have a privacy policy and procedures
14 in place to ensure that—
15 (i) the name, address, telephone num-
16 ber, or any other information that might
17 identify any woman seeking services sup-
18 ported through the grant is not made pub-
19 lic or shared with any other entity without
20 the written consent of the woman; and
21 (ii) the grantee adheres to require-
22 ments comparable to those applicable
23 under the HIPAA privacy regulation (as
24 defined in section 1180(b)(3) of the Social
25 Security Act (42 U.S.C. 1320d–9(b)(3)))
KEN24230 3YG S.L.C.
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1 to covered entities (as defined for purposes
2 of such regulation).
3 (2) INELIGIBLE ENTITIES.—An entity shall be
4 ineligible to receive a grant under this section if the
5 entity or any affiliate, subsidiary, successor, or clinic
6 thereof—
7 (A) performs, induces, refers for, or coun-
8 sels in favor of abortions; or
9 (B) provides financial support to any other
10 entity that conducts any activity described in
11 subparagraph (A).
12 (3) FINANCIAL RECORDS.—As a condition on
13 receipt of a grant under this section, an eligible enti-
14 ty shall agree to maintain and make available to the
15 Secretary records, including financial records, that
16 demonstrate that the entity satisfies the require-
17 ments of paragraph (1) and is not ineligible by oper-
18 ation of paragraph (2).
19 (c) COVERED SERVICES.—
20 (1) REQUIRED INFORMATION AND REFER-
15
1 children, information on, and referral to, each of the
2 following services:
3 (A) Medical care.
4 (B) Nutritional services.
5 (C) Housing assistance.
6 (D) Adoption services.
7 (E) Education and employment assistance,
8 including services that support the continuation
9 and completion of high school.
10 (F) Child care assistance.
11 (G) Parenting education and support serv-
12 ices.
13 (H) Voluntary substance abuse counseling
14 and treatment.
15 (2) PERMISSIBLE DIRECT PROVISION OF SERV-
16
1 (2) for providing or assisting a woman to obtain
2 adoption services from a provider of adoption serv-
3 ices that is not licensed; and
4 (3) for any of the activities described in sub-
5 section (b)(2).
6 (e) CONSIDERATION.—In selecting the recipients of
7 grants under this section, the Secretary shall consider
8 each applicant’s demonstrated capacity in providing serv-
9 ices to assist a pregnant woman in carrying her pregnancy
10 to term.
11 (f) MONITORING AND REVIEW.—The Secretary
12 shall—
13 (1) monitor and review each program funded
14 through a grant under this section to ensure that
15 the grantee carefully adheres to—
16 (A) the purpose described in subsection
17 (a)(1); and
18 (B) the requirements of this section; and
19 (2) cease to fund a program under this section
20 if the grantee fails to adhere to such purpose and re-
21 quirements.
22 (g) DEFINITIONS.—In this section:
23 (1) ABORTION.—The term ‘‘abortion’’ means
24 the use or prescription of any instrument, medicine,
KEN24230 3YG S.L.C.
17
1 drug, or any other substance or device to inten-
2 tionally—
3 (A) kill the unborn child of a woman
4 known to be pregnant; or
5 (B) terminate the pregnancy of a woman
6 known to be pregnant, with an intention other
7 than—
8 (i) after viability, to produce a live
9 birth and preserve the life and health of
10 the child born alive;
11 (ii) to remove a dead unborn child; or
12 (iii) to treat an ectopic pregnancy.
13 (2) SECRETARY.—The term ‘‘Secretary’’ means
14 the Secretary of Health and Human Services.
15 (h) AUTHORIZATION OF APPROPRIATIONS.—To carry
16 out this section, there are authorized to be appropriated
17 such sums as may be necessary for each of fiscal years
18 2024 through 2029.
19 SEC. 202. IMPROVING ACCESS TO PRENATAL AND POST-
18
1 of improving maternal and infant health outcomes, and
2 reducing maternal mortality, by improving access to care
3 in rural areas, frontier counties, medically underserved
4 areas, or jurisdictions of Indian Tribes and Tribal organi-
5 zations.
6 (b) INELIGIBLE ENTITIES.—An entity shall be ineli-
7 gible to receive a grant or enter into a cooperative agree-
8 ment under this section if the entity or any affiliate, sub-
9 sidiary, successor, or clinic thereof—
10 (1) performs, induces, refers for, or counsels in
11 favor of abortions; or
12 (2) provides financial support to any other enti-
13 ty that conducts any activity described in paragraph
14 (1).
15 (c) USE OF FUNDS.—A recipient of a grant or coop-
16 erative agreement under this section shall use the award
17 funds as described in subsection (a), which may include
18 purchasing or providing equipment necessary for carrying
19 out at-home telehealth visits (such as remote physiologic
20 devices and related services, including pulse oximeters,
21 blood pressure cuffs, scales, and blood glucose monitors)
22 to screen, monitor, and manage prenatal and postnatal
23 care at home by means of telehealth visits and services
24 for the purpose described in subsection (a).
KEN24230 3YG S.L.C.
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1 (d) REPORT TO CONGRESS.—Not later than Sep-
2 tember 30, 2028, the Secretary shall submit to Congress
3 a report on activities supported through grants and coop-
4 erative agreements under this section, including—
5 (1) a description of the activities conducted
6 pursuant to such grants and cooperative agreements;
7 and
8 (2) an analysis of the effects of such grants and
9 cooperative agreements on improving prenatal and
10 postnatal care in areas and jurisdictions described in
11 subsection (a).
12 (e) DEFINITIONS.—In this section:
13 (1) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
14 ty’’ means an entity that provides prenatal care,
15 labor care, birthing, or postpartum care services in
16 a rural area, a frontier county, a medically under-
17 served area, or the jurisdiction of an Indian Tribe
18 or Tribal organization.
19 (2) FRONTIER COUNTY.—The term ‘‘frontier
20 county’’ has the meaning given such term in section
21 1886(d)(3)(E)(iii)(III) of the Social Security Act
22 (42 U.S.C. 1395ww(d)(3)(E)(iii)(III)).
23 (3) INDIAN TRIBE; TRIBAL ORGANIZATION.—
20
1 4 of the Indian Self-Determination and Education
2 Assistance Act (25 U.S.C. 5304).
3 (4) MEDICALLY UNDERSERVED AREA.—The
21 UNBORN CHILDREN.
21
1 (i) by inserting ‘‘, including an unborn
2 child,’’ after ‘‘child’’; and
3 (ii) by inserting ‘‘and’’ after the semi-
4 colon; and
5 (B) in clause (ii), by inserting ‘‘, including
6 an unborn child’’ after ‘‘other child’’;
7 (2) in paragraph (33), by striking ‘‘and’’ after
8 the semicolon;
9 (3) in paragraph (34), by striking the period
10 and inserting ‘‘; and’’;
11 (4) by inserting after paragraph (34), the fol-
12 lowing:
13 ‘‘(35) provide that the State will establish and
14 enforce child support obligations of the biological fa-
15 ther of an unborn child (and subsequent to the birth
16 of the child) to the mother of such child provided
17 that—
18 ‘‘(A) the mother has requested payment of
19 such child support obligations;
20 ‘‘(B) the start date for such obligations
21 may begin with the first month in which the
22 child was conceived, as determined by a physi-
23 cian (and shall begin with that month if the
24 mother so requests);
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1 ‘‘(C) payments for such obligations may be
2 retroactively collected or awarded, including in
3 the case where paternity is established subse-
4 quent to the birth of the child;
5 ‘‘(D) the payment amount for such obliga-
6 tions shall be determined by a court, in con-
7 sultation with the mother, taking into account
8 the best interests of the mother and child;
9 ‘‘(E) any measure to establish the pater-
10 nity of a child (born or unborn) shall not be re-
11 quired without the consent of the mother; and
12 ‘‘(F) any measure to establish the pater-
13 nity of an unborn child shall not be taken if the
14 measure poses any risk of harm to the child if
15 unborn.’’; and
16 (5) by adding at the end the following: ‘‘For
17 purposes of paragraphs (4) and (35), the term ‘un-
18 born child’ means a member of the species homo
19 sapiens, at any stage of development, who is carried
20 in the womb.’’.
21 (b) LIMITATION OF WAIVER AUTHORITY.—Section
22 1115 of the Social Security Act (42 U.S.C. 1315) is
23 amended—
24 (1) in subsection (a), in the matter preceding
25 paragraph (1), by striking ‘‘In the case of’’ and in-
KEN24230 3YG S.L.C.
23
1 serting ‘‘Except as provided in subsection (c), in the
2 case of’’;
3 (2) in subsection (b)(1), in the matter pre-
4 ceding subparagraph (A), by striking ‘‘In the case
5 of’’ and inserting ‘‘Except as provided in subsection
6 (c), in the case of’’; and
7 (3) by striking subsection (c) and inserting the
8 following:
9 ‘‘(c) No experimental, pilot, or demonstration project
10 undertaken under subsection (a) to assist in promoting the
11 objectives of part D of title IV, may permit modifications
12 of paragraphs (4)(A)(ii) and (35) of section 454 to estab-
13 lish and enforce child support obligations of the biological
14 father of an unborn child. For purposes of the preceding
15 sentence, the term ‘unborn child’ means a member of the
16 species homo sapiens, at any stage of development, who
17 is carried in the womb.’’.
18 (c) EFFECTIVE DATE.—The amendments made by
19 this section shall take effect on the date that is 2 years
20 after the date of enactment of this Act and shall apply
21 to payments under part D of title IV of the Social Security
22 Act (42 U.S.C. 651 et seq.) for calendar quarters begin-
23 ning on or after such date.