[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.
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