[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3485 Introduced in Senate (IS)]

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118th CONGRESS
  1st Session
                                S. 3485

To amend title IV of the Social Security Act to establish requirements 
   for biological fathers to pay child support for medical expenses 
                incurred during pregnancy and delivery.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           December 13, 2023

   Mr. Rubio introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
To amend title IV of the Social Security Act to establish requirements 
   for biological fathers to pay child support for medical expenses 
                incurred during pregnancy and delivery.

    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 ``Supporting Healthy Pregnancy Act of 
2023''.

SEC. 2. 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'';
            (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) Rule of Construction.--
            (1) In general.--Nothing in paragraph (35) of section 454 
        of the Social Security Act (42 U.S.C. 654), as added by 
        subsection (a), shall be construed to imply that an expense 
        associated with an abortion is a medical expense.
            (2) Abortion defined.--For purposes of this subsection, 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.
    (c) 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.
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