118 HR 4789 IH: Providing for Life Act of 2023
U.S. House of Representatives
2023-07-20
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
I
118th CONGRESS
1st Session
H. R. 4789
IN THE HOUSE OF REPRESENTATIVES
July 20, 2023
Mrs. Hinson introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committees on Agriculture, Education and the Workforce, Energy and Commerce, and the Judiciary, 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 provide support and assistance to unborn children, pregnant women, parents, and families.
1.

Short title; table of contents
(a)

Short title
This Act may be cited as the “Providing for Life Act of 2023”.
(b)

Table of contents
The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Permanent extension and modification of special rules for child tax credit.
Sec. 3. Treatment of unborn children.
Sec. 4. Denial of deduction for State and local taxes of individuals.
Sec. 5. Refundable adoption tax credit.
Sec. 6. Parental leave benefits.
Sec. 7. Cooperation with child support agencies as eligibility factor under supplemental nutrition assistance program.
Sec. 8. Workforce development programs for non-custodial parents.
Sec. 9. Requiring biological fathers to pay child support for medical expenses incurred during pregnancy and delivery.
Sec. 10. Pregnant students' rights, accommodations, and resources.
Sec. 11. Grants for community-based maternal mentoring programs.
Sec. 12. Equal treatment for religious organizations in social services.
Sec. 13. Awareness for expecting mothers.
Sec. 14. WIC reform.
Sec. 15. Pregnancy resource centers.
2.

Permanent extension and modification of special rules for child tax credit
(a)

In general
Section 24 of the Internal Revenue Code of 1986 is amended by striking subsections (a), (b), and (c) and inserting the following new subsections:
“(a)

Allowance of credit
There shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the sum of—
(1)
$3,500 for each qualifying child of the taxpayer ($4,500 in the case of a qualifying child who has not attained age 6 as of the close of the calendar year in which the taxable year of the taxpayer begins), and
(2)
in the case of any taxable year beginning before January 1, 2026, $500 for each qualifying dependent (other than a qualifying child) of the taxpayer.
(b)

Limitation based on adjusted gross income
The amount of the credit allowable under subsection (a) shall be reduced (but not below zero) by $50 for each $1,000 (or fraction thereof) by which the taxpayer's modified adjusted gross income exceeds $400,000 in the case of a joint return ($200,000 in any other case). For purposes of the preceding sentence, the term “modified adjusted gross income” means adjusted gross income increased by any amount excluded from gross income under section 911, 931, or 933.
(c)

Qualifying child; qualifying dependent
For purposes of this section—
(1)

Qualifying child
The term qualifying child means any qualifying dependent of the taxpayer—
(A)
who is a qualifying child (as defined in section 152(c)) of the taxpayer,
(B)
who has not attained age 18 at the close of the calendar year in which the taxable year of the taxpayer begins, and
(C)
whose name and social security number are included on the taxpayer’s return of tax for the taxable year.
(2)

Qualifying dependent
The term qualifying dependent means any dependent of the taxpayer (as defined in section 152 without regard to all that follows “resident of the United States” in section 152(b)(3)(A)) whose name and TIN are included on the taxpayer’s return of tax for the taxable year.
(3)

Social security number defined
For purposes of this subsection, the term social security number means, with respect to a return of tax, a social security number issued to an individual by the Social Security Administration, but only if the social security number is issued—
(A)
to a citizen of the United States or pursuant to subclause (I) (or that portion of subclause (III) that relates to subclause (I)) of section 205(c)(2)(B)(i) of the Social Security Act, and
(B)
on or before the due date of filing such return.”.
(b)

Portion of credit refundable
Section 24(d)(1) of the Internal Revenue Code of 1986 is amended—
(1)
by striking subparagraph (A) and inserting the following:
“(A)
the credit which would be allowed under this section determined—
(i)
without regard to subsection (a)(2), and
(ii)
without regard to this subsection (other than this subparagraph) and the limitation under section 26(a), or”, and
(2)
in subparagraph (B), by striking “15 percent of so much of the taxpayer's earned income (within the meaning of section 32) which is taken into account in computing taxable income for the taxable year as exceeds $3,000” and inserting “15.3 percent of the taxpayer's earned income (within the meaning of section 32) which is taken into account in computing taxable income”.
(c)

Conforming amendments
(1)
Section 24(e) of the Internal Revenue Code of 1986 is amended to read as follows:
“(e)

Taxpayer identification requirement
No credit shall be allowed under this section if the identifying number of the taxpayer was issued after the due date for filing the return of tax for the taxable year.”.
(2)
Section 24 of such Code is amended by striking subsection (h).
(d)

Repeal of certain later enacted provisions
(1)
Section 24 of the Internal Revenue Code of 1986 is amended by striking subsections (i), (j), and (k).
(2)
Chapter 77 of such Code is amended by striking section 7527A (and by striking the item relating to section 7527A in the table of sections for such chapter).
(3)
Section 26(b)(2) of such Code is amended by inserting “and” at the end of subparagraph (X), by striking “, and” at the end of subparagraph (Y) and inserting a period, and by striking subparagraph (Z).
(4)
Section 3402(f)(1)(C) of such Code is amended by striking “section 24 (determined after application of subsection (j) thereof)” and inserting “section 24(a)”.
(5)
Section 6211(b)(4)(A) of such Code is amended—
(A)
by striking “24 by reason of subsections (d) and (i)(1) thereof” and inserting “24(d)”, and
(B)
by striking “6428B, and 7527A” and inserting “and 6428B”.
(6)
Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by striking “6431, or 7527A” and inserting “or 6431”.
(e)

Effective date
The amendments made by this section shall apply to taxable years beginning after December 31, 2022.
3.

Treatment of unborn children
(a)

In general
Section 24 of the Internal Revenue Code of 1986, as amended by section 2, is amended by adding at the end the following new subsection:
“(h)

Credit allowed with respect to unborn children
For purposes of this section—
(1)

In general
The term qualifying child includes an unborn child of an eligible taxpayer, and the requirements of subsection (c)(1)(C) shall be treated as met with respect to such child, for the taxable year immediately preceding the year in which such child is born alive, if the taxpayer includes on the return of tax for such taxable year a social security number for such child which is issued before the due date for such return of tax (without regard to extensions).
(2)

Retroactive or double credit allowed in certain cases to ensure equal access to the credit for unborn children
(A)

In general
In the case of a qualifying child of an eligible taxpayer who is born alive and with respect to whom the credit under this section is not claimed under paragraph (1) for the taxable year described in such paragraph, for the taxable year in which the child is born alive, with respect to such child—
(i)
the amount of the credit allowed (before the application of this subsection) under subsection (a), and
(ii)
the amount of the credit allowed (before the application of this subsection) under subsection (d)(1),
shall each be increased by the amount of the credit which would have been allowed under each such subsection respectively with respect to such child for the preceding taxable year if such child had been treated as a qualifying child of the taxpayer for such preceding year.
(B)

Special rule for splitting of credit
In the case of a child otherwise described in subparagraph (A) who, but for this subparagraph, would not be treated as a qualifying child of the eligible taxpayer for the taxable year in which such child is born alive—
(i)
subparagraph (A) shall not apply with respect to such child,
(ii)
such child shall be treated as a qualifying child for purposes of this section for such taxable year of—
(I)
the eligible taxpayer, and
(II)
any other taxpayer with respect to whom such child would, without regard to this subparagraph, be treated as a qualifying child, and
(iii)
in the case of the eligible taxpayer, the amount of the credit allowed under subsection (a) and the amount of the credit allowed under subsection (d)(1) for such taxable year shall each be equal to the amount of the credit which would have been allowed under each such subsection respectively with respect to such child for the preceding taxable year if such child had been treated as a qualifying child of the eligible taxpayer for such preceding year.
(3)

Definitions
For purposes of this subsection—
(A)

Born alive
The term born alive has the meaning given such term by section 8(b) of title 1, United States Code.
(B)

Eligible taxpayer
The term eligible taxpayer means a taxpayer who—
(i)
with respect to a child, is the mother who—
(I)
carries or carried such child in the womb, and
(II)
is the biological mother of such child or initiated the pregnancy with the intention of bearing and retaining custody of and parental rights to such child (or acted to such effect), or
(ii)
in the case of a joint return, is the husband of such mother,
but only if such taxpayer includes on the return of tax for the taxable year the social security number of such taxpayer (of at least 1 of such mother or husband, in the case of a joint return).
(C)

Social security number
The term social security number has the meaning given such term by subsection (c)(3).
(D)

Unborn child
The term unborn child means an individual of the species homo sapiens, from the beginning of the biological development of that individual, including fertilization, until the point of the earlier of being born alive or death.”.
(b)

Effective date
The amendment made by this section shall apply to children born alive in taxable years beginning after December 31, 2022.
4.

Denial of deduction for State and local taxes of individuals
(a)

In general
Section 164(b)(6) of the Internal Revenue Code of 1986 is amended to read as follows:
“(6)

Limitation on deduction of certain taxes for individuals
(A)

In general
In the case of an individual, no deduction shall be allowed for taxes—
(i)
described in paragraph (1), (2), or (3) of subsection (a), or
(ii)
described in paragraph (5) of this subsection.
(B)

Exceptions
Subparagraph (A) shall not apply to—
(i)
any foreign taxes described in subsection (a)(3), or
(ii)
any taxes described in paragraphs (1) and (2) of subsection (a) which are paid or accrued in carrying on a trade or business or an activity described in section 212.
(C)

Special rule
For purposes of subparagraph (A), an amount paid in a taxable year beginning before January 1, 2023, with respect to a State or local income tax imposed for a taxable year beginning after December 31, 2022, shall be treated as paid on the last day of the taxable year for which such tax is so imposed.”.
(b)

Effective date
The amendment made by this section shall apply to taxable years beginning after December 31, 2022.
5.

Refundable adoption tax credit
(a)

Credit made refundable
(1)

Credit moved to subpart relating to refundable credits
The Internal Revenue Code of 1986 is amended—
(A)
by redesignating section 23 as section 36C, and
(B)
by moving section 36C (as so redesignated) from subpart A of part IV of subchapter A of chapter 1 to the location immediately before section 37 in subpart C of part IV of subchapter A of chapter 1.
(2)

Conforming Amendments
(A)
Section 25(e)(1)(C) of such Code is amended by striking “sections 23 and 25D” and inserting “section 25D”.
(B)
Section 36C of such Code, as so redesignated, is amended—
(i)
in subsection (b)(2)(A), by striking “(determined without regard to subsection (c))”,
(ii)
by striking subsection (c), and
(iii)
by redesignating subsections (d) through (i) as subsections (c) through (h), respectively.
(C)
Section 137 of such Code is amended—
(i)
in subsection (d), by striking “section 23(d)” and inserting “section 36C(c)”, and
(ii)
in subsection (e), by striking “subsections (e), (f), and (g) of section 23” and inserting “subsections (d), (e), and (f) of section 36C”.
(D)
Section 1016(a)(26) of such Code is amended by striking “23(g)” and inserting “36C(f)”.
(E)
Section 6211(b)(4)(A) of such Code is amended by inserting “36C,” after “36B,”.
(F)
The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by striking the item relating to section 23.
(G)
Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting “36C,” after “36B,”.
(H)
Paragraph (33) of section 471(a) of the Social Security Act (42 U.S.C. 671(a)) is amended by striking “section 23” and inserting “section 36C”.
(I)
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 inserting after the item relating to section 36B the following new item:
“Sec. 36C. Adoption expenses.”.
(b)

Third-Party affidavits
Section 36C(h) of the Internal Revenue Code of 1986, as redesignated and moved by subsection (a), is amended—
(1)
by striking “such regulations” and inserting “such regulations and guidance”,
(2)
by striking “including regulations which treat” and inserting
“including regulations and guidance which—
(1)
treat”,
(3)
by striking the period at the end and inserting “, and”, and
(4)
by adding at the end the following:
“(2)
provide for a standardized third-party affidavit for purposes of verifying a legal adoption—
(A)
of a type with respect to which qualified adoption expenses may be paid or incurred, or
(B)
involving a child with special needs for purposes of subsection (a)(3).”.
(c)

Effective date
The amendments made by this section shall apply to taxable years beginning after December 31, 2022.
(d)

Transitional rule To treat carryforward as refundable credit
In the case of any excess described in section 23(c) of the Internal Revenue Code of 1986 with respect to any taxpayer for the taxable year which precedes the first taxable year to which the amendments made by this section apply, such excess shall be added to the credit allowable under section 36C(a) of such Code with respect to such taxpayer for such first taxable year.
6.

Parental leave benefits
(a)

In general
Title II of the Social Security Act is amended by inserting after section 218 the following:
“219.

Parental leave benefits
(a)

In general
Every individual—
(1)
who has—
(A)
not less than 8 quarters of coverage, 4 of which are credited to calendar quarters during the calendar year preceding the calendar year in which the 1st month of the benefit period described in subsection (c) occurs; or
(B)
not less than 12 quarters of coverage; and
(2)
who has filed an application for a parental leave benefit with respect to a qualified child of the individual,
shall be entitled to a parental leave benefit with respect to such qualified child.
(b)

Benefit amount
Such individual’s parental leave benefit shall be an amount equal to the product of—
(1)
the number of benefit months (not to exceed 3) selected by the individual in the individual’s application for a parental leave benefit, multiplied by
(2)
an amount equal to the primary insurance amount for the individual that would be determined under section 215 if—
(A)
the individual had attained age 62 in the first month of the individual’s benefit period; and
(B)
the individual had become entitled to an old-age insurance benefit under section 202 beginning with such month.
For the purposes of the preceding sentence, the elapsed years referred to in section 215(b)(2)(B)(iii) shall not include the year in which the individual's benefit period begins, or any year thereafter.
(c)

Payment of benefit
(1)

Selection of number of benefit months
In filing an application for a parental leave benefit under this section, an individual shall select the number of months (not to exceed 3) for which the individual will receive a monthly payment under such parental leave benefit (in this section referred to as benefit months).
(2)

Election of benefit months
Not later than 14 days before the start of any month in the benefit period of an individual entitled to a parental leave benefit, the individual may elect to treat such month as a benefit month. The number of months in such benefit period treated as benefit months shall equal the number selected in the individual’s benefit application, and the Commissioner may designate any month as a benefit month in any case in which an individual does not elect to treat a sufficient number of months as benefit months before the end of the benefit period.
(3)

Amount of monthly payment
The amount of a monthly payment made in any benefit month within a benefit period to an individual entitled to a parental leave benefit shall be an amount equal to—
(A)
the amount of the parental leave benefit determined for the individual under subsection (b), divided by
(B)
the number of benefit months selected by the individual pursuant to paragraph (1) with respect to such benefit.
(4)

Definition of benefit period
For purposes of this section, the term benefit period means, with respect to an individual entitled to a parental leave benefit with respect to a qualified child, the 1-year period beginning with the month after the month in which the birth or adoption of the qualified child occurs.
(d)

Benefit application
(1)

In general
The Commissioner shall ensure that the application for a parental leave benefit—
(A)
includes a notice, clearly written in language that is easily understandable to the reader, explaining that—
(i)
failure to submit such proof or documentation as the Commissioner may require to demonstrate that the applicant is the parent of the qualified child shall be subject to criminal and civil penalties;
(ii)
the full cost to the Trust Funds of any amount received by an individual as a parental leave benefit must be repaid through reductions to old-age insurance benefits payable to the individual in subsequent months, or by other means; and
(iii)
entitlement to a parental leave benefit has no effect on the determination of an individual’s entitlement to leave under the Family and Medical Leave Act of 1993; and
(B)
requires an attestation by the individual submitting the application that—
(i)
the individual expects to be the parent of a qualified child throughout the benefit period with respect to such application;
(ii)
the individual intends to use the benefit to finance spending more time with the qualified child at home and away from employment during the benefit period; and
(iii)
the individual consents to the terms and conditions specified in the notice described in subparagraph (A).
(2)

Option to file simultaneous applications
The Commissioner of Social Security may establish an option under which an individual may file an application for a parental leave benefit under this section with respect to a qualified child at the same time the individual submits an application for a social security account number for such qualified child.
(3)

Online availability
The Commissioner of Social Security shall, as soon as practicable after the date of enactment of this section, permit an individual to apply for a parental leave benefit through an internet website or other electronic media.
(e)

Fraud prevention
(1)

In general
The Commissioner of Social Security shall establish procedures to ensure the prevention of fraud with respect to applications for parental leave benefits under this section, including procedures for the submission of such proof or documentation as the Commissioner may require to verify the information contained in such an application.
(2)

Enforcement
In any case in which an individual willfully, knowingly, and with intent to deceive the Commissioner of Social Security fails to comply with the procedures established under paragraph (1), the Commissioner may impose on such individual, in addition to any other penalties that may be prescribed by law—
(A)
a civil monetary penalty of not more than $7,500 for each such failure; and
(B)
an assessment, in lieu of any damages sustained by the United States because of such failure, of not more than twice the amount of the cost to the Federal Old-Age and Survivors Insurance Trust Fund of any parental leave benefit paid to the individual.
(f)

Benefit repayment
(1)

In general
An individual who is paid a parental leave benefit under this section shall repay the full cost of such benefit to the Federal Old-Age and Survivors Insurance Trust Fund (as such amount is determined by the Commissioner) in accordance with this subsection.
(2)

Old-age insurance benefit offset
(A)

In general
Except as provided in paragraph (3), in the case of any individual described in paragraph (1) who becomes entitled to an old-age insurance benefit, deductions shall be made from each monthly payment of such benefit (not to exceed the first 60 such monthly payments) in such amounts, subject to subparagraph (B), as the Commissioner of Social Security shall determine necessary to fully recover the cost to the Federal Old-Age and Survivors Insurance Trust Fund of any parental leave benefit paid to the individual as of the month in which the individual becomes entitled to an old-age insurance benefit.
(B)

Notification
Not later than the beginning of each calendar year, the Commissioner of Social Security shall notify each individual whose old-age insurance benefits are subject to a deduction under subparagraph (A) during such calendar year of the amount of the deduction that will be applied to each monthly payment of such benefits during the calendar year.
(3)

Alternative increase of retirement age
(A)

In general
In the case of any individual described in paragraph (1) who becomes entitled to an old-age insurance benefit, such individual may elect, at the time of application for such benefit, to be subject to a retirement age increase in accordance with this paragraph. Such election shall be irrevocable, and an individual who makes such an election shall not be subject to a deduction under paragraph (2) for any month.
(B)

Retirement age increase
Notwithstanding section 216(l)(1), with respect to an individual who makes an election under subparagraph (A), the retirement age of such individual shall be deemed to be—
(i)
the retirement age determined with respect to the individual under such section; plus
(ii)
the additional number of months the Commissioner of Social Security shall determine necessary to result in the full recovery of the cost to the Federal Old-Age and Survivors Insurance Trust Fund of any parental leave benefit paid to the individual as of the month in which the individual becomes entitled to an old-age insurance benefit.
(C)

Increase to earliest entitlement age
In the case of an individual who makes an election under subparagraph (A), notwithstanding subsection (a) of section 202, no old-age insurance benefit shall be paid to such individual for any month before the first month throughout which the individual has attained age 62 plus the additional number of months determined for the individual under subparagraph (B)(ii).
(4)

Other recovery methods
In any case in which the Commissioner of Social Security determines that the cost to the Federal Old-Age and Survivors Insurance Trust Fund of a parental leave benefit paid to an individual cannot be fully recovered pursuant to paragraph (2) or (3)—
(A)
such benefit shall be deemed, upon the making of such determination, to be a payment of more than the correct amount for purposes of section 204; and
(B)
the Commissioner may recover such amounts by means of any method available to the Commissioner under such section.
(5)

Projection of repayment amount
As soon as practicable after the date of enactment of this section, the Commissioner shall establish a system to make available through an internet website or other electronic media to each individual who is paid a parental leave benefit under this section, beginning with the first month beginning after the individual’s benefit period the projected amount of the deduction to be made from each of the first 60 monthly payments of old-age insurance benefits under paragraph (2), or if the individual so elects, the additional number of months by which the individual’s retirement age would be increased under paragraph (3), in order to fully repay the cost to the Federal Old-Age and Survivors Insurance Trust Fund of any parental leave benefit paid to the individual, and a description of the assumptions used by the Commissioner in making such projection.
(g)

Relationship with State law; employer benefits
(1)

In general
This section does not preempt or supersede any provision of State or local law that authorizes a State or political subdivision to provide paid parental or family medical leave benefits similar to the benefits provided under this section.
(2)

Greater benefits allowed
Nothing in this Act shall be construed to diminish the obligation of an employer to comply with any contract, collective bargaining agreement, or employment benefit program or plan that provides greater benefits for leave or other leave rights to individuals than the benefits for leave or leave rights established under this Act.
(h)

Sunset
No application for parental leave benefits under this section may be filed in any calendar year if the OASDI trust fund ratio (as defined in section 215(i)) for such calendar year or for the year following such calendar year is projected, based on the intermediate projections in the most recent (as of January 1 of such calendar year) annual report issued under section 201(c)(2), to be less than 20 percent.
(i)

Definitions
For purposes of this section—
(1)
the term qualified child means, with respect to an individual for a benefit period, a biological child or legally adopted child of the individual (as determined by the Commissioner of Social Security) who—
(A)
will not attain 18 years of age before the end of such benefit period; and
(B)
will be residing with, and under the care of, the individual during the benefit period as determined by the Commissioner.”.
(b)

Conforming amendments
(1)

Nonpayment provisions
Section 202 of the Social Security Act (42 U.S.C. 402) is amended—
(A)
in subsection (n)(1)(A), by striking “under this section or section 223” and inserting “under this section, section 219, or section 223”;
(B)
in subsection (t), in paragraphs (1) and (10), by striking “under this section or under section 223” each place it appears and inserting “under this section, under section 219, or under section 223”;
(C)
in subsection (u)(1), by striking “under this section or section 223” and inserting “under this section, section 219, or section 223”; and
(D)
in subsection (x)—
(i)
in paragraph (1)(A), by striking “under this section or under section 223” and inserting “under this section, under section 219, or under section 223”; and
(ii)
in paragraph (2), by striking “under this section or section 223” and inserting “under this section, section 219, or section 223”.
(2)

Delayed retirement credits
Section 202(w) of the Social Security Act (42 U.S.C. 402(w)) is amended by inserting after “age 70” each place it appears the following: “(or, in the case of an individual whose retirement age is increased under section 219(f)(3), age 70 plus the number of months by which the individual's retirement age is so increased)”.
(3)

Voluntary suspension of benefits
Section 202(z)(1)(A)(ii) of the Social Security Act (42 U.S.C. 402(z)(1)(A)(ii)) is amended by striking “the age of 70” and inserting “age 70 (or, in the case of an individual whose retirement age is increased under section 219(f)(3), age 70 plus the number of months by which the individual's retirement age is so increased)”.
(4)

Number of benefit computation years
Section 215(b)(2)(A) of such Act (42 U.S.C. 415(b)(2)(A)) is amended—
(A)
in clause (i), by striking “, and” and inserting a semicolon;
(B)
in clause (ii), by striking the period and inserting “; and”; and
(C)
by inserting after clause (ii) the following:
“(iii)
in the case of an individual who is entitled to a parental leave benefit under section 219, by the number of years equal to one-fifth of such individual's elapsed years (disregarding any resulting fractional part of a year), but not by more than 5 years.”.
(c)

Effective date
The amendments made by this section shall apply with respect to applications for parental leave benefits filed after 2024.
7.

Cooperation with child support agencies as eligibility factor under supplemental nutrition assistance program
Section 6 of the Food and Nutrition Act of 2008 (7 U.S.C. 2015) is amended—
(1)
in subsection (l)—
(A)
in paragraph (1), in the matter preceding subparagraph (A), by striking “At the option of a State agency, subject to” and inserting “Subject to”; and
(B)
in paragraph (2), in the second sentence, by inserting “custodial parent and the” before “child”; and
(2)
in subsection (m)(1), in the matter preceding subparagraph (A), by striking “At the option of a State agency, subject to” and inserting “Subject to”.
8.

Workforce development programs for non-custodial parents
(a)

Grants to States for workforce development programs for non-Custodial parents
Beginning with fiscal year 2024, the Secretary shall use the funds made available under subsection (f) to make grants to States to conduct workforce development programs that provide evidence-based work activities, which may include workforce education and support, technical certification programs, subsidized employment, and on-the-job training and education, to eligible non-custodial parents.
(b)

Application requirements
The Secretary shall require each State that applies for a grant under this section to include in the application for the grant the following:
(1)
A description of the nature and structure of the evidence-based work activities proposed to be provided through a program funded in whole or in part with grant funds, including data and evaluations supporting the effectiveness of such activities in increasing the employment of eligible non-custodial parents.
(2)
Descriptions of how employers will be recruited to participate in such program and how the State will solicit input from employers in the design and implementation of such program.
(3)
A description of how the State will promote long-term employment through participation in such program.
(4)
A description of how the State will prioritize providing evidence-based work activities for low-income, eligible non-custodial parents.
(5)
Such other information as may the Secretary may require.
(c)

Other requirements
A State receiving funds under this section shall prioritize providing evidence-based work activities through a program funded in whole or in part with such funds for eligible non-custodial parents who are eligible for benefits under the supplemental nutrition assistance program, as defined in section 3(t) of the Food and Nutrition Act of 2008 (7 U.S.C. 2012(t)), and, at the option of the State, may limit participation in such program to such eligible non-custodial parents.
(d)

Reports
Not later than 12 months after the end of the last fiscal year in which a State expends funds from a grant made under this section, the State shall submit to the Secretary a report that includes the following information:
(1)
The number of eligible non-custodial parents who participated in a workforce development program funded in whole or in part with such funds.
(2)
The median monthly earnings of an eligible non-custodial parent participant while participating in any such workforce development program and 6 months after exiting from the program.
(3)
The percentage of eligible non-custodial parent participants who are employed full-time 6 months after exiting from any such workforce development program.
(4)
Such other reporting requirements as the Secretary determines would be beneficial to evaluating the impact of workforce development programs funded in whole or in part with grant funds provided under this section.
(e)

Nonsupplantation
Funds provided under this section to a State shall be used to supplement and not supplant any other Federal or State funds which are available for the same general purposes in the State.
(f)

Funding
(1)

In general
Notwithstanding section 403(b) of the Social Security Act (42 U.S.C. 603(b)), from the amount available in the Contingency Fund for State Welfare Programs established under such section that is unobligated as of the date of enactment of this Act, $100,000,000 of such amount is hereby transferred and made available to the Secretary to carry out this section for any fiscal year occurring on or after the date of enactment of this Act.
(2)

Availability of funds
Funds provided to a State under this section in a fiscal year shall remain available for expenditure by the State through the end of the second succeeding fiscal year.
(g)

Definitions
In this section:
(1)

Eligible non-custodial parent
(A)

In general
Subject to subparagraph (B), the term eligible non-custodial parent means an individual who—
(i)
is obligated to pay child support under a support order;
(ii)
has unpaid, past-due child support obligations; and
(iii)
has been unemployed or underemployed for any period of time during the 6-month period prior to the individual's participation in a program funded in whole or in part with funds provided to a State under this section.
(B)

Other eligibility requirements
An individual shall not be considered to be an eligible non-custodial parent if the individual is not a citizen of the United States or would not be eligible for the program as a result of the application of title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1611 et seq.).
(2)

Secretary
The term Secretary means the Secretary of Health and Human Services.
(3)

State
The term State means the 50 States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.
9.

Requiring biological fathers to pay child support for medical expenses incurred during pregnancy and delivery
(a)

In general
Section 454 of the Social Security Act (42 U.S.C. 654) is amended—
(1)
in paragraph (33), by striking “and” after the semicolon;
(2)
in paragraph (34), by striking the period and inserting “; and”; and
(3)
by inserting after paragraph (34), the following:
“(35)
provide that the State shall establish and enforce a child support obligation of the biological father of a child to pay for not less than 50 percent of the reasonable out-of-pocket medical expenses (including health insurance premiums or similar charge, deductions, cost sharing or similar charges, and any other related out-of-pocket expenses) the mother of the child is responsible for that are incurred during, and associated with, the pregnancy and delivery of the child, provided that the mother requests the payment of such support.”.
(b)

Effective date
(1)

In general
Subject to paragraph (2), the amendments made by subsection (a) shall take effect on January 1 of the first calendar year that begins after the date of enactment of this Act.
(2)

Delay if state legislation required
In the case of a State plan under part D of title IV of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirement imposed by the amendments made by this Act, the State plan shall not be regarded as failing to comply with the requirements of such part solely on the basis of the failure of the plan to meet such additional requirement before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of the session shall be deemed to be a separate regular session of the State legislature.
10.

Pregnant students' rights, accommodations, and resources
(a)

Findings
Congress finds the following:
(1)
Female students who are enrolled at institutions of higher education and experiencing unplanned pregnancies may face pressure that their only option is to receive an abortion or risk academic failure.
(2)
27.6 percent of all abortions in the United States are performed on women of college age, between the ages of 20 and 24, according to a 2019 report by the Centers for Disease Control and Prevention.
(3)
A significant proportion of abortions in the United States are performed on women of college age who may be unaware of their rights under title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.) or deprived of an alternative to receiving an abortion.
(4)
Additionally, women on college campuses may fear institutional reprisal, loss of athletic scholarship, and possible negative impact on academic opportunities.
(5)
An academic disparity exists because of the lack of resources, support, and notifications available for female college students who do not wish to receive an abortion or who carry their unborn babies to term.
(b)

Notice of pregnant student rights, accommodations, and resources
Section 485 of the Higher Education Act of 1965 (20 U.S.C. 1092) is amended by adding at the end the following:
“(n)

Pregnant Students’ Rights, Accommodations, and Resources
(1)

Information dissemination activities; establishment of protocol
(A)

In general
Each public institution of higher education participating in any program under this title shall—
(i)
in a manner consistent with title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.), carry out the information dissemination activities described in subparagraph (B) for admitted but not enrolled and enrolled students (including those attending or planning to attend less than full time) on the rights and resources (including protections and accommodations) for pregnant students (or students who may become pregnant) while enrolled at such institution of higher education that—
(I)
exclude abortion services;
(II)
may help such a student carry their unborn babies to term; and
(III)
include information on how to file a complaint with the Department if such a student believes there was a violation of title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.) by the institution on account of such student’s pregnancy; and
(ii)
establish a protocol to meet with a student described in clause (i)(III), which shall include a meeting with relevant leadership at the institution of higher education, and other relevant parties.
(B)

Description of information dissemination requirements
The information dissemination activities described in this subparagraph shall include—
(i)
annual campus-wide emails; or
(ii)
the provision of information in student handbooks, at each orientation for enrolled students, or on the publicly available website of the institution of higher education.
(2)

Annual report to Congress
(A)

In general
Each public institution of higher education participating in any program under this title shall—
(i)
on an annual basis, compile and submit to the Secretary—
(I)
responses to the questions described in subparagraph (B) from students enrolled at such institution of higher education who voluntarily provided such responses; and
(II)
a description of any actions taken by the institution of higher education to address each complaint by a student that there was a violation of title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.) by the institution on account of such student’s pregnancy, including any actions taken in accordance with the protocol established under paragraph (1)(A)(ii); and
(ii)
ensure that any such responses remain confidential and do not reveal any personally identifiable information with respect to a student.
(B)

Questions for enrolled students
The questions described in this subparagraph shall include—
(i)
if such student experienced an unexpected pregnancy while enrolled at the institution of higher education;
(ii)
if such student felt there were adequate resources on campus relating to protections, accommodations, and other resources for pregnant students besides abortion-related services;
(iii)
if such a student believes there was a violation of title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.) by the institution on account of such student’s pregnancy; and
(iv)
if such student considered dropping out or withdrawing from classes because of pregnancy, new motherhood, stillbirth, or miscarriage.
(C)

Report
The Secretary shall, on an annual basis—
(i)
prepare a report that compiles the responses received under subparagraph (A) from each public institution of higher education participating in any program under this title; and
(ii)
submit such report to the authorizing committees, and the Committees on Appropriations of the House of Representatives and the Senate.”.
11.

Grants for community-based maternal mentoring programs
Title V of the Social Security Act (42 U.S.C. 701 et seq.) is amended by adding at the end the following:
“514.

Grants for community-based maternal mentoring programs
(a)

In general
In addition to any other payments made under this title to a State, the Secretary shall make grants to eligible entities to conduct demonstration projects for, and enable such entities to deliver services under, community-based mentoring programs that satisfy the requirements of subsection (c) to eligible mothers in order to promote improvements in maternal and child well-being, financial stewardship, child development, parenting, and access to social services and other community resources.
(b)

Application
The Secretary may not award funds made available under this subsection on a noncompetitive basis, and may not provide any such funds to an entity for the purpose of carrying out a community-based mentoring program unless the entity has submitted an application to the Secretary that includes—
(1)
a description of how the programs or activities proposed in the application will improve maternal mental and physical health outcomes in a service area identified by the entity, substantially increase the number of eligible mothers in a service area with access to a community-based mentoring relationship, utilize community volunteer mentors, and supplement, including by avoiding duplication with, existing social services and community resources;
(2)
a description of how the program will partner with other community institutions, including private institutions, in identifying eligible mothers in need of a mentor and, as applicable, creating support communities among eligible mothers;
(3)
a description of the populations to be served by the entity, including specific information on how the entity will serve eligible mothers who belong to high-risk populations as identified in subsection (d);
(4)
a description of the maternal and child health indicators, financial well-being, and other needs of populations to be served by the entity as described in paragraph (3), including, to the extent practicable, the prevalence of mentoring opportunities for such populations;
(5)
the quantifiable benchmarks that will be used to measure program success;
(6)
a commitment by the entity to consult with experts with a demonstrated history of mentoring and case management success in achieving the outcomes described in subsection (c)(2)(A) in developing the programs and activities;
(7)
a commitment by the entity to ensure mentors do not refer or counsel in favor of abortions; and
(8)
such other application information as the Secretary may deem necessary, with the goal of minimizing the application burden on small nongovernmental organizations that would otherwise qualify for the grant.
(c)

Requirements
(1)

Core components
A community maternal mentoring program conducted with a grant made under this section shall include the following core components:
(A)
Provision of community-based mentoring relationships for eligible mothers, which may include dedicated individual mentors and networks of peer and community support groups.
(B)
An individualized needs assessment for each eligible mother participating in the program, to be administered at the outset of the program.
(C)
Recruitment and utilization of community-based, volunteer mentors.
(D)
Provision of training to participating mentors to equip them with mentoring best practices and knowledge of public and private resources available to eligible mothers (including public social services).
(2)

Measurable improvements in benchmark areas
(A)

In general
The eligible entity shall establish, subject to the approval of the Secretary, quantifiable, measurable 3- and 5-year benchmarks demonstrating the program results in improvements for eligible mothers participating in the program in the following areas:
(i)
The number of eligible mothers in the eligible entity’s service area with access to a community-based mentoring relationship.
(ii)
Improved maternal and child health, including mental and behavioral health.
(iii)
Improved financial literacy.
(iv)
Improved family economic self-sufficiency.
(v)
Improved coordination and referrals for other community resources and supports, including public and private resources.
(B)

Demonstration of improvement
(i)

Report to the Secretary
Not later than 30 days after the end of the third year in which the eligible entity conducts the program, the entity shall submit to the Secretary a report describing the program's results in the areas specified in subparagraph (A).
(ii)

Improvement plan
If the report submitted to the Secretary fails to demonstrate improvements in at least 3 of the areas outlined in subparagraph (A), the eligible entity shall develop and implement a plan to improve outcomes in each of the areas specified in subparagraph (A), subject to approval by the Secretary.
(iii)

No improvement or failure to submit report
If, 1 year after an eligible entity submits an improvement plan under clause (ii), the Secretary determines that the entity has failed to demonstrate any improvement in the areas specified in subparagraph (A), or if the Secretary determines that an eligible entity has failed to submit the report required under clause (i), and has not agreed to a reasonable timeline to submit such report under such conditions as may be determined by the Secretary, the Secretary shall terminate the entity’s grant and may reallocate any unpaid grant funds toward future grants provided under this section.
(3)

Improvements in participant outcomes
(A)

In general
The program is designed, with respect to an eligible mother participating in the program, to result in the participant outcomes described in subparagraph (B) that are relevant to the mother (as determined pursuant to an individualized needs assessment administered to the mother).
(B)

Participant outcomes
The participant outcomes described in this subparagraph are the following:
(i)
Improvements in prenatal and maternal health, including mental and behavioral health and improved pregnancy outcomes.
(ii)
Improvements in child health and development, including the prevention of child injuries and maltreatment.
(iii)
Higher levels of engagement between mothers, children, and their health providers.
(iv)
Reductions in mothers' stress and anxiety.
(v)
Improvements in parenting skills.
(vi)
Improvement in financial literacy skills.
(vii)
Improvements in child's school readiness and academic achievement.
(viii)
Improvements in family economic self-sufficiency.
(ix)
Improvements in the coordination of referrals for, and the provision of, other community resources, including private and public resources, and supports for eligible families.
(d)

Prioritization
An eligible entity receiving a grant under this section shall identify and prioritize high-risk populations in provision of services, including—
(1)
low-income eligible mothers;
(2)
eligible mothers who are pregnant women who have not attained the age of 21;
(3)
eligible mothers from populations with a high risk of maternal morbidity;
(4)
eligible mothers with a history of substance abuse or victims of domestic abuse;
(5)
eligible mothers with children with developmental disabilities; and
(6)
eligible mothers residing in a qualified opportunity zone, as designated under section 1400Z–1 of the Internal Revenue Code of 1986.
(e)

Maintenance of effort
Funds provided to an eligible entity under a grant awarded under subsection (a) shall supplement, and not supplant, funds from other sources for maternal mentorship or case management services.
(f)

Evaluation
(1)

Ongoing research and evaluation
The Secretary shall engage in ongoing research and evaluation activities in order to increase knowledge about the implementation and effectiveness of community maternal mentoring programs. The Secretary may carry out such activities directly, or through grants, cooperative agreements, or contracts, and shall submit a report to Congress not less than annually on the research and evaluation steps being taken to measure the impact and effectiveness of programs funded under this section, as well as any interim outcomes that may be available.
(2)

Report requirement
Not later than 3 years after the date of enactment of this section, the Secretary shall submit a report to Congress on the effectiveness of programs funded with grants under subsection (a) in producing the outcomes described in subsection (c)(3)(B), and shall include in such report recommendations for improving program design and implementation.
(g)

Technical assistance
The Secretary shall provide an eligible entity required to develop and implement an improvement plan under subsection (c)(2)(B) with technical assistance to develop and implement the plan. The Secretary may provide the technical assistance directly or through grants, contracts, or cooperative agreements.
(h)

No funds to prohibited entities
No prohibited entity shall be eligible to receive a grant under subsection (a), or any other funds made available by this section.
(i)

Protections for participating religious organizations
A religious organization shall be eligible to apply for and receive funding for a program under this section on the same basis as a non-religious organization, and a religious organization’s exemptions, in title VII of the Civil Rights Act of 1964 (including exemption from prohibitions in employment discrimination in section 702(a) of that Act (42 U.S.C. 2000e–1(a))), title VIII of the Civil rights Act of 1968, title IX of the Educational Amendments of 1987, the Americans with Disabilities Act, the Religious Freedom Restoration Act, the Religious Land Use and Institutionalized Persons Act, or any other provision in law providing an exemption for a religious organization, shall not be waived by its participation in, or receipt of funds from, a grant provided by this section.
(j)

Authorization of appropriations
(1)

In general
For purposes of carrying out this section, there are authorized to be appropriated $100,000,000 for each of fiscal years 2024 through 2026.
(2)

Reservations
Of the amounts appropriated under this subsection for a fiscal year, the Secretary shall reserve 3 percent for purposes of carrying out subsections (f) and (g).
(3)

Availability
Funds made available to an eligible entity under this section shall remain available for expenditure by the eligible entity through the end of the third fiscal year following the fiscal year in which the funds are awarded to the entity.
(k)

Definitions
In this section:
(1)

Community-based mentoring relationship
The term community-based mentoring relationship means a relationship with a dedicated mentor and, as applicable, group of mentors or peer support group, who meet regularly with an eligible mother and help that mother address barriers to care, mental, behavioral, and physical well-being, and economic mobility by providing support services and linkages to community resources. A community-based mentoring relationship should, to the extent practicable, have an understanding of the barriers and lived experience of that community, which may include shared lived experience.
(2)

Eligible entity
The term eligible entity means a local government, Indian Tribe (or a consortium of Indian Tribes), Tribal Organization, Urban Indian Organization, or nonprofit organization, including religious organizations, with a demonstrated history of serving eligible mothers.
(3)

Eligible mother
The term eligible mother means—
(A)
a woman who is pregnant; or
(B)
a woman who has primary caregiving responsibilities for a child under the age of 6.
(4)

Prohibited entity
The term prohibited entity means an entity, including its affiliates, subsidiaries, successors, and clinics that, as of the date of enactment of this section, performs, induces, refers for, or counsels in favor of abortions, or provides financial support to any other organization that conducts such activities.”.
12.

Equal treatment for religious organizations in social services
(a)

Purposes
The purposes of this section are the following:
(1)
To enable assistance to be provided to individuals and families in need in the most effective manner.
(2)
To prohibit discrimination against religious organizations in receipt and administration of Federal financial assistance, including the provision of that assistance through federally funded social service programs.
(3)
To ensure that religious organizations can apply and compete for Federal financial assistance on a level playing field with nonreligious organizations.
(4)
To provide certainty for religious organizations that receipt of Federal financial assistance will not obstruct or hinder their ability to organize and operate in accordance with their sincerely held religious beliefs.
(5)
To strengthen the social service capacity of the United States by facilitating the entry of new, and the expansion of existing, efforts by religious organizations in the administration and provision of Federal financial assistance.
(6)
To protect the religious freedom of, and better serve, individuals and families in need, including by expanding their ability to choose to receive federally funded social services from religious organizations.
(b)

Provision of services for government programs by religious organizations
Title XXIV of the Revised Statutes is amended by inserting after section 1990 (42 U.S.C. 1994) the following:
“1990A.

Ensuring equal treatment for religious organizations in Federal provision of social services, grantmaking, and contracting
(a)

In general
For any social services program carried out by the Federal Government, or by a State, local government, or pass-through entity with Federal funds, the entity that awards Federal financial assistance shall consider religious organizations, on the same basis as any other private organization, to provide services for the program.
(b)

Equal treatment for religious organizations in Federal financial assistance
(1)

In general
A religious organization shall be eligible to apply for and to receive Federal financial assistance to provide services for a social services program on the same basis as a private nonreligious organization.
(2)

Selection
In the selection of recipients for Federal financial assistance for a social services program neither the Federal Government nor a State, local government, or pass-through entity receiving funds for such program may discriminate for or against a private organization on the basis of religion, including the organization's religious character, affiliation, or exercise.
(3)

Prohibition against improper burden on religious organizations
(A)

In General
Except in the case of another applicable provision of law that requires or provides for a religious exemption or accommodation that is equally or more protective of a religious organization’s religious exercise, the provisions of subparagraphs (B) through (E) shall apply for any social services program administered by the Federal Government or by a State, local government, or pass-through entity.
(B)

Equal treatment on assurances and notices
No document, agreement, covenant, memorandum of understanding, policy, or regulation, relating to Federal financial assistance shall require religious organizations to provide assurances or notices that are not required of private nonreligious organizations.
(C)

Equal application of restrictions
Any restrictions on the use of funds received as Federal financial assistance shall apply equally to religious and private nonreligious organizations.
(D)

Program requirements
All organizations that receive Federal financial assistance for a social services program, including religious organizations, shall carry out eligible activities in accordance with all program requirements, and other applicable requirements governing the conduct of activities funded by the entity that awards Federal financial assistance.
(E)

No disqualification based on religion
No document, agreement, covenant, memorandum of understanding, policy, or regulation, relating to Federal financial assistance shall—
(i)
disqualify religious organizations from applying for or receiving Federal financial assistance for a social services program on the basis of the organization’s religious character or affiliation, or grounds that discriminate against the organization on the basis of the organization’s religious exercise; or
(ii)
prohibit the provision of religious activities or services at the same time or location as any program receiving such Federal financial assistance.
(c)

Religious character and freedom
(1)

Freedom
A religious organization that applies for or receives Federal financial assistance for a social services program shall retain its independence from Federal, State, and local governments, including its autonomy, right of expression, religious character or affiliation, authority over its internal governance, and other aspects of independence.
(2)

Religious character
A religious organization that applies for or receives Federal financial assistance for a social services program may, among other things—
(A)
retain religious terms in the organization's name;
(B)
continue to carry out the organization's mission, including the definition, development, practice, and expression of its religious beliefs;
(C)
use the organization's facilities to provide a program without concealing, removing, or altering religious art, icons, scriptures, or other symbols from the facilities;
(D)
select, promote, or dismiss the members of the organization’s governing body and the organization’s employees on the basis of their acceptance of or adherence to the religious tenets of the organization; and
(E)
include religious references in the organization's mission statement and other chartering or governing documents.
(d)

Rights of covered beneficiaries of services
(1)

In general
Except as otherwise provided in any applicable provision of law that requires or provides for a religious exemption or accommodation that is equally or more protective of a religious organization’s religious exercise, an organization that receives Federal financial assistance under a social services program shall not discriminate against a covered beneficiary in the provision of a federally funded program on the basis of religion, a religious belief, or a refusal to hold a religious belief.
(2)

Special rule
It shall not be considered discrimination under paragraph (1) for a program funded by Federal financial assistance to refuse to modify any components of the program to accommodate a covered beneficiary who participates in the organization’s program.
(3)

Alternative services
If a covered beneficiary has an objection to the character or affiliation of the private organization from which the beneficiary receives, or would receive, services as part of the federally funded social services program, the appropriate Federal, State, or local governmental entity shall provide to such beneficiary (if otherwise eligible for such services) within a reasonable period of time after the date of such objection, a referral for alternative services that—
(A)
are reasonably accessible to the covered beneficiary; and
(B)
have a substantially similar value to the services that the covered beneficiary would initially have received from such organization.
(4)

Definition
In this subsection, the term covered beneficiary means an individual who applies for or receives services under a social services program.
(e)

Religious exemptions
A religious organization’s exemptions, in title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.) (including exemption from prohibitions in employment discrimination in section 702(a) of that Act (42 U.S.C. 2000e–1(a))), title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601 et seq.), title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.), the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), the Religious Freedom Restoration Act (42 U.S.C. 2000bb et seq.), the Religious Land Use and Institutionalized Persons Act of 2000 (42 U.S.C. 2000cc et seq.), or any other provision in law providing an exemption for a religious organization, shall not be waived because of the religious organization's participation in, or receipt of funds from, a social services program funded with Federal financial assistance.
(f)

Limited audit
(1)

In General
A religious organization providing services for a social services program using Federal financial assistance may segregate Federal funds and any required matching funds provided for such program into a separate account or accounts. Only the separate accounts consisting of Federal funds and any required matching funds shall be subject to audit by the Federal Government with respect to an audit undertaken for the purposes of oversight of Federal financial assistance.
(2)

Commingling of funds
If a religious organization providing services for a social services program using Federal financial assistance contributes the organization's own funds in addition to those funds required by a matching requirement or agreement to supplement Federal funds, the organization may segregate the organization's own funds that are not matching funds into separate accounts, or commingle the organization's own funds that are not matching funds with the matching funds. If those funds are commingled, the commingled funds may all be subject to audit by the Federal Government.
(g)

Private right of action
Any religious organization that alleges a violation of its rights under this section and seeks to enforce its rights under this section—
(1)
may bring an action in a court of competent jurisdiction and assert that violation as a claim, or assert that violation as a defense in a judicial action; and
(2)
may obtain appropriate relief, including attorney’s fees, against an entity or agency that committed such violation.
(h)

Federal preemption of State and local laws
With respect to any Federal financial assistance provided to a religious organization for the provision of a social service program, or such assistance commingled with State or local funds, no State or political subdivision of a State may adopt, maintain, enforce, or continue in effect any law, regulation, rule, or requirement covered by the provisions of this section, or a rule, regulation, or requirement promulgated under this section.
(i)

Construction
The provisions of this section shall supersede all Federal law (including statutory and other law, and policies used in the implementation of that law) that is enacted or issued before the date of enactment of this section. No provision of law enacted after the date of the enactment of this section may be construed as limiting, superseding, or otherwise affecting this section, except to the extent that it does so by specific reference to this section.
(j)

Severability
If any provision of this section or the application of such provision to any person or circumstance is held to be unconstitutional, the remainder of this section and the application of the provisions of such to any person or circumstance shall not be affected thereby.
(k)

Definitions
In this section:
(1)

Discriminate on the basis of an organization’s religious exercise
(A)

In general
The term discriminate, used with respect to an organization’s religious exercise, means, on the basis of covered conduct or motivation, to disfavor an organization in a selection process or in oversight, including—
(i)
by failing to select an organization;
(ii)
by disqualifying an organization; or
(iii)
by imposing any condition or selection criterion that penalizes or otherwise disfavors an organization, or has the effect of so penalizing or disfavoring an organization.
(B)

Covered conduct or motivation
In this paragraph, the term covered conduct or motivation means—
(i)
conduct that would not be considered grounds to disfavor a nonreligious organization;
(ii)
conduct for which an organization must or could be granted an exemption or accommodation in a manner consistent with the Free Exercise Clause of the First Amendment to the Constitution, the Religious Freedom Restoration Act (42 U.S.C. 2000bb et seq.), or any other provision referenced in subsection (e); or
(iii)
the actual or suspected religious motivation for the organization’s religious exercise.
(2)

Other definitions
(A)

Federal financial assistance
The term Federal financial assistance means financial assistance from the Federal Government that non-Federal entities receive or administer through grants, contracts, loans, loan guarantees, property, cooperative agreements, food commodities, direct appropriations, or other assistance, but does not include a tax credit, tax deduction, or guaranty contract.
(B)

Pass-through entity
The term pass-through entity means an entity, including a nonprofit or nongovernmental organization, acting under a grant, contract, or other agreement with the Federal Government or with a State or local government, such as a State administering agency, that accepts direct Federal financial assistance as a primary recipient (such as a grant recipient) and distributes that assistance to other organizations that, in turn, provide government-funded social services through a social services program.
(C)

Program
The term program includes the services provided through that program.
(D)

Religious exercise
The term religious exercise has the meaning given the term in section 8 of the Religious Land Use and Institutionalized Persons Act of 2000 (42 U.S.C. 2000cc–5).
(E)

Services
The term services, used with respect to a social services program, includes the provision of goods, or of financial assistance, under the social services program.
(F)

Social services program
The term social services program—
(i)
means a program that is administered by the Federal Government, or by a State or local government using Federal financial assistance, and that provides services directed at reducing poverty, improving opportunities for low-income children, revitalizing low-income communities, empowering low-income families and low-income individuals to become self-sufficient, or otherwise helping people in need; and
(ii)
includes a program that provides, to people in need—
(I)
child care services, protective services for children and adults, services for children and adults in foster care, adoption services, services related to management and maintenance of the home, day care services for adults, and services to meet the special needs of children, older individuals, and individuals with disabilities;
(II)
transportation services;
(III)
job training and related services, and employment services;
(IV)
information, referral, and counseling services;
(V)
the preparation and delivery of meals, nutrition services, and services related to soup kitchens or food banks;
(VI)
health support services;
(VII)
literacy and mentoring services;
(VIII)
services for the prevention and treatment of juvenile delinquency and substance abuse, services for the prevention of crime and the provision of assistance to the victims and families of criminal offenders, and services related to intervention in, and prevention of, domestic violence; or
(IX)
services related to the provision of assistance for housing under Federal law.”.
13.

Awareness for expecting mothers
The Public Health Service Act is amended by adding at the end the following:
“XXXIV

Awareness for expecting mothers
3401.

Website and portal
(a)

Website
Not later than 1 year after the date of enactment of this section, the Secretary shall publish a user-friendly public website, life.gov, to provide a comprehensive list of Federal, State, local governmental, and private resources available to pregnant women including—
(1)
resources to mental health counseling, pregnancy counseling, and other prepartum and postpartum services;
(2)
comprehensive information on alternatives to abortion;
(3)
information about abortion risks, including complications and failures; and
(4)
links to information on child development from moment of conception.
(b)

Portal
Not later than 1 year after the date of enactment of this section, the Secretary shall publish a portal on the public website of the Department of Health and Human Services that—
(1)
through a series of questions, will furnish specific tailored information to the user on what pregnancy-related information they are looking for, such as—
(A)
Federal, State, local governmental, and private resources that may be available to the woman within her ZIP Code, including the resources specified in subsection (c); and
(B)
risks related to abortion at all stages of fetal gestation; and
(2)
provides for the submission of feedback on how user-friendly and helpful the portal was in providing the tailored information the user was seeking.
(c)

Resources
The Federal, State, local governmental, and private resources specified in this subsection are the following:
(1)
Mentorship opportunities, including pregnancy help and case management resources.
(2)
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.
(3)
Financial assistance, work opportunities, nutrition assistance, childcare, and education opportunities.
(4)
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.
(5)
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.
(6)
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.
(7)
Healing and support services for abortion survivors and their families.
(8)
Services providing care for children, including family planning education, adoption, foster care, and short-term care resources.
(d)

Administration
The Secretary may not delegate implementation or administration of the portal established under subsection (b) below the level of the Office of the Secretary.
(e)

Follow-Up
The Secretary shall develop a plan under which—
(1)
the Secretary includes in the portal established under subsection (b), a mechanism for users of the portal to take an assessment through the portal and provide consent to use the user’s contact information;
(2)
the Secretary conducts outreach via phone or email to follow up with users of the portal established under subsection (b) on additional resources that would be helpful for the users to review; and
(3)
upon the request of a user of the portal for specific information, after learning of the additional resources through the portal, agents of the Department of Health and Human Services make every effort to furnish specific information to such user in coordination with Federal, State, local governmental, and private health care providers and resources.
(f)

Resource list aggregation
(1)

In general
Pursuant to criteria developed in subsection (e)(2), each State shall provide recommendations of State, local governmental, and private resources under subsection (b)(1)(A) to include in the portal.
(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) for inclusion in the portal can appear in the portal. Such criteria shall include the requirement that the resource provider is not a prohibited entity and the requirement that the resource provider has been engaged in providing services for a minimum of 3 consecutive years.
(3)

Grant program
(A)

In general
The Secretary may provide grants to States to establish or support a system that aggregates the resources described in subsection (b)(1)(A), in accordance with the criteria developed under paragraph (2), and that may be coordinated, to the extent determined appropriate by the State, by a statewide, regionally based, or community-based public entity or private nonprofit.
(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 service providers that would be included in the State system supported by the grant.
(g)

Maternal Mental Health Hotline
The Secretary shall ensure that the Maternal Mental Health Hotline of the Health Resources and Services Administration—
(1)
disseminates information regarding, and linkages to, the life.gov website and portal described in subsections (a) and (b);
(2)
has the capacity to help families in every State and community in the Nation; and
(3)
includes live chat features, 24 hours a day, to connect individuals to the information the portal hosts.
(h)

Prohibition regarding certain entities
The resources listed on the life.gov website, and made available through the portal and hotline established under this section may not include any resource offered by a prohibited entity.
(i)

Services in different languages
The life.gov website and hotline shall ensure the widest possible access to services for families who speak languages other than English.
(j)

Reporting requirements
(1)

In general
Not later than 180 days after date on which the life.gov website and portal are established under subsection (a), the Secretary shall submit to Congress a report on—
(A)
the traffic of the website and the interactive portal;
(B)
user feedback on the accessibility and helpfulness of the website and interactive portal in tailoring to the user’s needs;
(C)
insights on gaps in Federal, State, local governmental, and private programming with respect to services for pregnant and postpartum women; and
(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.
(2)

Confidentiality
The report under paragraph (1) shall not include any personal identifying information regarding individuals who have used the website or portal.
(k)

Definitions
In this section:
(1)

Abortion
The term abortion means the use or prescription of any instrument, medicine, drug, or other substance or device to intentionally—
(A)
kill the unborn child of a woman known to be pregnant; or
(B)
prematurely terminate the pregnancy of a woman known to be pregnant, with an intention other than to—
(i)
increase the probability of a live birth or of preserving the life or health of the child after live birth; or
(ii)
remove an ectopic pregnancy or a dead unborn child.
(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)

Unborn child
The term unborn child means an individual organism of the species homo sapiens, beginning at fertilization, until the point of being born alive.”.
14.

WIC reform
(a)

Breastfeeding woman
(1)

Definition of breastfeeding woman
Section 17(b) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(b)) is amended by striking the subsection designation and all that follows through the period at the end of paragraph (1) and inserting the following:
“(b)

Definitions
In this section:
(1)

Breastfeeding woman
The term breastfeeding woman means a woman who is not more than 2 years postpartum and is breastfeeding the infant of the woman.”.
(2)

Certification
Section 17(d)(3)(A)(ii) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(d)(3)(A)(ii)) is amended by striking “1 year” and inserting “2 years”.
(b)

Postpartum woman
(1)

Definition of postpartum woman
Section 17(b)(10) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(b)(10)) is amended by striking the period at the end and inserting “, and, for purposes of subsection (d), includes women up to 2 years after the birth of a child born alive or a stillbirth.”.
(2)

Certification
Section 17(d)(3)(A) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(d)(3)(A)) is amended—
(A)
in clause (i), by striking “clause (ii)” and inserting “clauses (ii) and (iii)”;
(B)
by redesignating clause (iii) as clause (iv); and
(C)
by inserting after clause (ii) the following:
“(iii)

Postpartum women
A State may elect to certify a postpartum woman for a period of up to 2 years after the birth of a child born alive or a stillbirth.”.
(c)

Child support
Section 17(e)(4) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(e)(4)) is amended—
(1)
in subparagraph (B), by striking “and” at the end;
(2)
by redesignating subparagraph (C) as subparagraph (D); and
(3)
by inserting after subparagraph (B) the following:
“(C)
shall provide to individuals applying for the program under this section, or reapplying at the end of their certification period—
(i)
written information about establishing child support orders under the law of the State; and
(ii)
on request from the individual applicant, referral to any program or agency of the State authorized to determine eligibility for child support orders; and”.
(d)

Child support enforcement plan
Section 17(f)(1)(C) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(f)(1)(C)) is amended—
(1)
in clause (x), by striking “and” at the end;
(2)
by redesignating clause (xi) as clause (xii); and
(3)
by inserting after clause (x) the following:
“(xi)
a plan to facilitate referrals for participants seeking to establish a child support order; and”.
(e)

Review of available supplemental foods
Section 17(f)(11)(C) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(f)(11)(C)) is amended—
(1)
in the matter preceding clause (i), by striking “10” and inserting “5”; and
(2)
in clause (ii), by striking “amend the supplemental foods available, as necessary, to” and inserting “not later than 18 months after the conclusion of each scientific review conducted under clause (i), promulgate a final rule to amend the supplemental foods, as necessary, to”.
(f)

Increase in cash-Value voucher amount
Section 17(f)(11) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(f)(11)) is amended by adding at the end the following:
“(D)

Increase in cash-value voucher amount
Using funds made available for the program authorized by this section, not later than 30 days after the date of enactment of the Providing for Life Act of 2023, the Secretary shall—
(i)
increase the amount of the cash-value voucher (as defined in section 246.2 of title 7 (Code of Federal Regulations) (or a successor regulation)) to reflect the amount provided to participants of the program as of August 31, 2022 (and adjusted for inflation); and
(ii)
maintain such amount until the date on which a new final rule is promulgated pursuant to subparagraph (C)(ii).”.
15.

Pregnancy resource centers
(a)

In general
The Secretary of Health and Human Services shall use amounts available under subsection (b) to provide grants and other assistance to pregnancy resource centers to assist such centers in carrying out activities to support women's pregnancy-related health.
(b)

Funding
Notwithstanding any other provision of law, a pregnancy resource center shall be eligible for funding under title X of the Public Health Service Act (42 U.S.C. 300 et seq.). Notwithstanding section 59.2 of title 42, Code of Federal Regulations, pregnancy resource centers shall not be required to provide, refer, or counsel in favor of contraception in order to eligible for funding under such title X. In making funding available under such title X, the Secretary of Health and Human Services shall give priority to the funding of pregnancy resource centers.
(c)

Definitions
In this section:
(1)

Community referrals
The term community referrals means linking a woman to additional care within the community. Such linkage may include prenatal care, STI testing or treatment, maternity homes and housing, professional counseling, licensed adoption agencies, financial aid, addition recovery help, job and skills training, and legal help.
(2)

Material assistance
The term material assistance means the provision of goods and resources to pregnant or parenting women or parenting couples, including diapers and wipes, car seats, baby furniture, strollers, baby bedding, baby clothing, baby formula, maternity clothing, or financial assistance.
(3)

Pregnancy resource center
The term pregnancy resource center means a life-affirming organization that offers a range of services to assist pregnant women, which may include options such as counseling, obstetrical ultrasound, sexual transmitted infection (STI) tests and testing, pregnancy tests and testing, sexual risk avoidance (SRA) education, parenting education, material assistance, and community referrals. Such organizations may also be known as pregnancy help centers, pregnancy resource centers, pregnancy care centers, pregnancy medical clinics, or simply pregnancy centers. Such term does not include entities that perform, prescribe, refer for or encourage abortion or entities that affiliate with any entity that performs, prescribes, refers for, or encourages abortion.