[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7091 Introduced in House (IH)]







110th CONGRESS
  2d Session
                                H. R. 7091

    To encourage and assist women throughout pregnancy by providing 
  services that will alleviate the financial, social, emotional, and 
       other difficulties that may otherwise lead to an abortion.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 25, 2008

Mr. Fortenberry (for himself and Mrs. McMorris Rodgers) introduced the 
   following bill; which was referred to the Committee on Energy and 
   Commerce, and in addition to the Committees on Ways and Means and 
Education and Labor, 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 encourage and assist women throughout pregnancy by providing 
  services that will alleviate the financial, social, emotional, and 
       other difficulties that may otherwise lead to an abortion.

    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 ``Care for Life Act 
of 2008''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
                  TITLE I--PREGNANCY SUPPORT SERVICES

Sec. 101. Sense of Congress.
Sec. 102. Office of Pregnancy Support Services.
Sec. 103. Individual health insurance coverage for pregnant women.
                   TITLE II--DEPARTMENT OF EDUCATION

Sec. 201. Fund for the Improvement of Postsecondary Education.
                   TITLE III--ADOPTION TAX INCENTIVES

Sec. 301. Expansion of adoption credit and adoption assistance 
                            programs.

SEC. 2. FINDINGS.

    The Congress finds as follows:
            (1) Half of American women will experience an unintended 
        pregnancy, and more than one-third will have an abortion by the 
        age of 45.
            (2) Twenty-two percent of all pregnancies end in abortion.
            (3) It is estimated that more than 48,000,000 abortions 
        have been performed in the United States since 1973.
            (4) Two-thirds of all abortions are obtained by women who 
        have never married.
            (5) Social reasons account for 93 percent of abortion 
        decisions by United States women, whereas health concerns are 
        the primary reason for 3 percent of abortions.
            (6) According to a national study of women undergoing 
        abortion, 64 percent felt pressured by others to have their 
        abortions.
            (7) In a study of the reasons why United States women have 
        an abortion, three-fourths report concern for or responsibility 
        to other individuals; three-fourths cannot afford to have a 
        child; three-fourths cite interference with work, school, or 
        dependent care; and half report not wanting to be a single 
        parent or report problems with the father of the child.
            (8) Fifty percent of United States women who abort a 
        pregnancy are younger than 25 years of age; 33 percent are 20 
        to 24 years of age; and 17 percent are teenagers.
            (9) Over 70 percent of United States abortion facilities 
        are found in minority neighborhoods.
            (10) Domestic private adoptions are estimated to have 
        fallen to 58,600 in 2001 from 97,700 in 1992.
            (11) Less than half (39 percent) of major United States 
        companies provide adoption assistance as an employee benefit.
            (12) Domestic private adoptions can range in cost from 
        $5,000 to greater than $40,000.

                  TITLE I--PREGNANCY SUPPORT SERVICES

SEC. 101. SENSE OF CONGRESS.

    It is the sense of the Congress that--
            (1) women facing pregnancy under difficult life 
        circumstances should not feel compelled to have an abortion; 
        and
            (2) recipients of care funded through title X of the Public 
        Health Service Act (42 U.S.C. 300 et seq.) and expectant 
        mothers in need should be aware of the services available to 
        assist them throughout pregnancy and following the birth of the 
        child.

SEC. 102. OFFICE OF PREGNANCY SUPPORT SERVICES.

    Part D of title III of the Public Health Service Act (42 U.S.C. 
254b et seq.) is amended--
            (1) by redesignating section 330F as section 330F-1; and
            (2) by inserting after section 330E the following:

``SEC. 330F. OFFICE OF PREGNANCY SUPPORT SERVICES.

    ``(a) Office.--
            ``(1) Establishment.--Not later than 180 days after the 
        date of the enactment of this section, the Secretary shall 
        establish within the Department of Health and Human Services an 
        Office of Pregnancy Support Services.
            ``(2) Purpose.--The purpose of the Office shall be to 
        encourage and assist pregnant women throughout pregnancy and 
        following childbirth by providing services that will alleviate 
        the financial, social, emotional, and other difficulties that 
        may otherwise compel them to seek an abortion.
            ``(3) Deputy assistant secretary.--The Office shall be 
        headed by a Deputy Assistant Secretary for Pregnancy Support 
        Services, who shall be appointed by and shall serve under the 
        supervision and direction of the Assistant Secretary for 
        Health.
            ``(4) No duplication of effort.--The Secretary shall 
        coordinate the functions of the Office with the activities of 
        other agencies and offices of the Department of Health and 
        Human Services so as to avoid any duplication of effort.
    ``(b) Pregnancy Care Information Service.--
            ``(1) Database.--The Secretary shall develop and maintain a 
        comprehensive, publicly accessible, and user friendly database, 
        to be known as the Pregnancy Care Information Service, to serve 
        as a consolidated source of information on pregnancy support 
        services.
            ``(2) Provider information.--The database developed under 
        paragraph (1) shall include pertinent information on the 
        providers of the pregnancy support services listed in the 
        database.
            ``(3) Director of pregnancy care information services.--The 
        Secretary shall appoint a Director of Pregnancy Care 
        Information Services to carry out this subsection under the 
        supervision and direction of the Deputy Assistant Secretary.
    ``(c) Annual Conference.--The Secretary shall conduct an annual 
nationwide best practices conference, gathering experts from State and 
local governments, prenatal and parenting care centers, and other 
relevant facilities--
            ``(1) to share information on best practices in pregnancy 
        support services; and
            ``(2) to identify and address key burdens or adverse 
        circumstances facing pregnant women.
    ``(d) Toll-Free Number.--The Secretary shall enter into a contract, 
through the use of competitive procedures, with an entity to establish 
and operate a toll-free number to provide women with referrals for 
obtaining pregnancy support services.
    ``(e) Life Care Grants.--
            ``(1) In general.--The Secretary may award competitive 
        grants to entities to provide pregnancy support services.
            ``(2) Eligibility.--The Secretary may award a grant to an 
        entity under this subsection only if the entity has been 
        engaged in providing pregnancy support services for at least 2 
        years.
            ``(3) Supplement not supplant.--The Secretary may award a 
        grant to an entity under this subsection only if the entity 
        agrees that the grant will be used to supplement, and not 
        supplant, pregnancy support services.
    ``(f) Public Outreach.--The Secretary shall develop and implement a 
public outreach campaign to provide information on pregnancy support 
services to--
            ``(1) vulnerable women, including those in low-income, 
        urban and rural areas; and
            ``(2) facilities receiving funds through title X.
    ``(g) Prenatal Care Grants to Institutions of Higher Education.--
The Secretary may award competitive grants to institutions of higher 
education for the exclusive purpose of providing pregnancy support 
services, which may include--
            ``(1) employing a registered nurse, nurse practitioner, 
        physician assistant, or physician with specialized training in 
        prenatal care; or
            ``(2) establishing and maintaining student outreach 
        programs to provide prenatal care, parenting assistance, and 
        student housing assistance to the institution's pregnant and 
        parenting students.
    ``(h) Annual Report.--The Secretary shall submit an annual report 
to the Congress on the activities carried out under this section, the 
funds expended on such activities, and the results achieved through 
such activities.
    ``(i) Definitions.--In this section:
            ``(1) The term `Deputy Assistant Secretary' means the 
        Deputy Assistant Secretary for Pregnancy Support Services 
        appointed under subsection (a)(3).
            ``(2) The term `Office' means the Office of Pregnancy 
        Support Services established under subsection (a)(1).
            ``(3) The term `pregnancy support services' means services 
        offered by Federal, State, faith-based, and other providers, 
        during and after pregnancy, that will encourage and assist 
        women throughout pregnancy by alleviating financial, social, 
        emotional, and other difficulties that may otherwise lead to an 
        abortion, including the following:
                    ``(A) Pregnancy support center services.
                    ``(B) Adoption referral.
                    ``(C) Crisis hotlines, including for violence or 
                suicide prevention.
                    ``(D) Pro bono obstetric and prenatal care services 
                for women throughout pregnancy.
                    ``(E) Pro bono legal services to assist women 
                throughout pregnancy and parents with newborn children.
                    ``(F) Child care services.
                    ``(G) Services to assist parents to care for, and 
                prepare to care for, a child with Down syndrome or 
                another prenatally diagnosed condition, and to 
                facilitate the adoption of such children as 
                appropriate.
                    ``(H) Life skills mentoring, including to enhance 
                the following competencies:
                            ``(i) Strengthening marriage.
                            ``(ii) Communication and conflict 
                        management for building healthy marriages and 
                        families.
                            ``(iii) Decisionmaking and relationship-
                        building skills prior to marriage.
                            ``(iv) High-risk behavior awareness.
                    ``(I) Life-skills counseling.''.

SEC. 103. INDIV(V)IDUAL HEALTH INSURANCE COVERAGE FOR PREGNANT WOMEN.

    (a) Limitation on Imposition of Pre-Existing Condition Exclusions 
and Waiting Periods for Women With Prior Coverage.--Title XXVII of the 
Public Health Service Act is amended by inserting after section 2753 
the following new section:

``SEC. 2754. PROVIDING INDIVIDUAL HEALTH INSURANCE COVERAGE WITHOUT 
              REGARD TO PREEXISTING CONDITION EXCLUSION AND WAITING 
              PERIODS FOR PREGNANT WOMEN WITHIN ONE YEAR OF CONTINUOUS 
              PRIOR COVERAGE.

    ``In the case of a woman who has had at least 12 months of 
creditable coverage before seeking health insurance coverage in the 
individual market, such individual health insurance coverage, and the 
health insurance issuer offering such coverage, may not impose any 
preexisting condition exclusion (as defined in section 2701(b)(1)(A)) 
relating to pregnancy as a preexisting condition, any waiting period, 
or otherwise discriminate in coverage or premiums against the woman on 
the basis that she is pregnant.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on January 1, 2009, and shall apply to women who become 
pregnant on or after such date.

                   TITLE II--DEPARTMENT OF EDUCATION

SEC. 201. FUND FOR THE IMPROVEMENT OF POSTSECONDARY EDUCATION.

    Section 741(a) of the Higher Education Act of 1965 (20 U.S.C. 
1138(a)) is amended--
            (1) by striking ``and'' at the end of paragraph (12);
            (2) by striking the period at the end of paragraph (13) and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(14) establishing and operating pregnant and parenting 
        student services offices or agencies the exclusive purpose of 
        which shall be to provide pregnancy support services (as 
        defined in section 330F of the Public Health Service Act), 
        including services--
                    ``(A) to assist students throughout pregnancy and 
                to assist student parents to care for their children or 
                to place them for adoption, as appropriate; and
                    ``(B) to assist pregnant and parenting students--
                            ``(i) to locate and utilize child care, 
                        family housing, health insurance for themselves 
                        and their family, flexible academic scheduling 
                        such as telecommuting programs, parenting 
                        classes and programs, postpartum counseling and 
                        support groups, and adoption placement 
                        services; and
                            ``(ii) to meet the material needs of their 
                        children, including maternity and baby 
                        clothing, baby food (including formula), baby 
                        furniture, and similar items.''.

                   TITLE III--ADOPTION TAX INCENTIVES

SEC. 301. EXPANSION OF ADOPTION CREDIT AND ADOPTION ASSISTANCE 
              PROGRAMS.

    (a) Increase in Dollar Limitations.--
            (1) Adoption credit.--
                    (A) In general.--Paragraph (1) of section 23(b) of 
                the Internal Revenue Code of 1986 (relating to dollar 
                limitation) is amended by striking ``$10,000'' and 
                inserting ``$15,000''.
                    (B) Child with special needs.--Paragraph (3) of 
                section 23(a) of such Code (relating to $10,000 credit 
                for adoption of child with special needs regardless of 
                expenses) is amended--
                            (i) in the text by striking ``$10,000'' and 
                        inserting ``$15,000'', and
                            (ii) in the heading by striking ``$10,000'' 
                        and inserting ``$15,000''.
                    (C) Income limitation.--Clause (i) of section 
                23(b)(2)(A) of such Code (relating to general rule for 
                income limitation) is amended by striking ``$150,000'' 
                and inserting ``$200,000''.
                    (D) Conforming amendment to inflation adjustment.--
                Subsection (h) of section 23 of such Code (relating to 
                adjustments for inflation) is amended--
                            (i) in the matter preceding paragraph (1) 
                        by striking ``December 31, 2002'' and inserting 
                        ``December 31, 2009,'', and
                            (ii) in paragraph (2) by striking 
                        ``calendar year 2001'' and inserting ``calendar 
                        year 2008''.
            (2) Adoption assistance programs.--
                    (A) In general.--Paragraph (1) of section 137(b) of 
                the Internal Revenue Code of 1986 (relating to dollar 
                limitation) is amended by striking ``$10,000'' and 
                inserting ``$15,000''.
                    (B) Child with special needs.--Paragraph (2) of 
                section 137(a) of such Code (relating to $10,000 
                exclusion for adoption of child with special needs 
                regardless of expenses) is amended--
                            (i) in the text by striking ``$10,000'' and 
                        inserting ``$15,000'', and
                            (ii) in the heading by striking ``$10,000'' 
                        and inserting ``$15,000''.
                    (C) Income limitation.--Clause (i) of section 
                137(b)(2)(A) of such Code (relating to general rule for 
                income limitation) is amended by striking ``$150,000'' 
                and inserting ``$200,000''.
                    (D) Conforming amendment to inflation adjustment.--
                Subsection (f) of section 137 of such Code (relating to 
                adjustments for inflation) is amended--
                            (i) in the matter preceding paragraph (1) 
                        by striking ``December 31, 2002'' and inserting 
                        ``December 31, 2009,'', and
                            (ii) in paragraph (2) by striking 
                        ``calendar year 2001'' and inserting ``calendar 
                        year 2008''.
    (b) Credit Made Refundable.--
            (1) Credit moved to subpart relating to refundable 
        credits.--The Internal Revenue Code of 1986 is amended--
                    (A) by redesignating section 37 as section 37A,
                    (B) by redesignating section 23, as amended by 
                subsection (a), as section 37, and
                    (C) by moving section 37 (as so redesignated) from 
                subpart A of part IV of subchapter A of chapter 1 to 
                the location immediately before section 37 (as so 
                redesignated) in subpart C of part IV of subchapter A 
                of chapter 1.
            (2) Conforming amendments.--
                    (A) Section 24(b)(3)(B) of such Code is amended by 
                striking ``sections 23 and'' and inserting ``section''.
                    (B) Section 25(e)(1)(C) of such Code is amended--
                            (i) in clause (i) by striking ``23, 25D,'' 
                        and inserting ``25D'', and
                            (ii) in clause (ii) by striking ``23,''.
                    (C) Section 25B(g)(2) of such Code is amended by 
                striking ``and section 23''.
                    (D) Section 25D(c)(2) of such Code is amended by 
                striking ``23, 24,'' and inserting ``24''.
                    (E) Section 26(a)(1) of such Code is amended by 
                striking ``23, 24,'' and inserting ``24''.
                    (F) Section 37 of such Code, as so redesignated, is 
                amended--
                            (i) by striking paragraph (4) of subsection 
                        (b), and
                            (ii) by striking subsection (c).
                    (G) Section 137 of such Code is amended--
                            (i) in subsection (d) by striking ``section 
                        23(d)'' and inserting ``section 37(d)'', and
                            (ii) in subsection (e) by striking 
                        ``section 23'' and inserting ``section 37''.
                    (H) Section 904(i) of such Code is amended by 
                striking ``23, 24,'' and inserting ``24''.
                    (I) Section 1016(a)(26) is amended by striking 
                ``23(g)'' and inserting ``37(g)''.
                    (J) Section 1400C(d) of such Code is amended by 
                striking ``23,''.
                    (K) The table of sections for subpart A of part IV 
                of subchapter A of chapter 1 of such Code of 1986 is 
                amended by striking the item relating to section 23.
                    (L) Paragraph (2) of section 1324(b) of title 31, 
                United States Code, is amended by inserting ``37,'' 
                after ``36,''.
                    (M) The table of sections for subpart C of part IV 
                of subchapter A of chapter 1 of the Internal Revenue 
                Code of 1986 is amended by striking the last item and 
                inserting the following new items:

``Sec. 37. Adoption expenses.
``Sec. 37A. Overpayments of tax.''.
    (c) Modifications Made by EGTRRA to Adoption Credit Made 
Permanent.--Title IX of the Economic Growth and Tax Relief 
Reconciliation Act of 2001 shall not apply to the amendments made by 
section 202 of such Act (relating to expansion of adoption credit and 
adoption assistance programs).
    (d) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after December 31, 2008.
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