I
118THCONGRESS
1
STSESSION H. R. 1126
To make improvements in prenatal and maternal care, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY21, 2023
Mrs. F
ISCHBACHintroduced the following bill; which was referred to the
Committee on Energy and Commerce
A BILL
To make improvements in prenatal and maternal care, and
for other purposes.
Be it enacted by the Senate and House of Representa-1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLE. 3
This Act may be cited as the ‘‘Health, Opportunity, 4
Protecting life, Education Act’’ or the ‘‘HOPE Act’’. 5
SEC. 2. TABLE OF CONTENTS. 6
The table of contents for this Act is as follows: 7
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I—ALTERNATIVES TO ABORTION
Sec. 101. Improving access to prenatal telehealth care.
Sec. 102. Positive alternatives for women.
Sec. 103. Educated decisions on maternal health.
Sec. 104. Life.Gov: awareness for expecting mothers.
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Sec. 105. Parental notification.
Sec. 106. Moratorium on Federal funding to Planned Parenthood Federation of
America, Inc.
Sec. 107. Funding.
TITLE II—GENERAL PROVISIONS
Sec. 201. Rule of construction.
TITLE I—ALTERNATIVES TO 1
ABORTION 2
SEC. 101. IMPROVING ACCESS TO PRENATAL TELEHEALTH 3
CARE. 4
(a) I
NGENERAL.—The Secretary of Health and 5
Human Services shall award grants or cooperative agree-6
ments to eligible entities to purchase equipment necessary 7
for carrying out at-home telehealth visits for screening, 8
monitoring, and management of prenatal and postnatal 9
care for the purpose of improving maternal and infant 10
health outcomes, and reducing maternal mortality, by im-11
proving access to care in rural areas, frontier counties, 12
medically underserved areas, or jurisdictions of Indian 13
Tribes and Tribal organizations. 14
(b) U
SE OFFUNDS.—A recipient of a grant under 15
this section shall use the grant as described in subsection 16
(a), which may include purchasing or providing equipment 17
necessary for carrying out at-home telehealth visits (such 18
as remote physiologic devices and related services, includ-19
ing pulse oximeters, blood pressure cuffs, scales, and blood 20
glucose monitors) to screen, monitor, and manage prenatal 21
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and postnatal care at home by means of telehealth visits 1
and services for the purpose described in subsection (a). 2
(c) R
EPORT TOCONGRESS.—Not later than Sep-3
tember 30, 2028, the Secretary shall submit to the Con-4
gress a report on activities supported through grants 5
under this section, including— 6
(1) a description of the activities conducted 7
pursuant to such grants; and 8
(2) an analysis of the effects of such grants on 9
improving prenatal and postnatal care in areas and 10
jurisdictions described in subsection (a). 11
(d) D
EFINITIONS.—In this section: 12
(1) The term ‘‘eligible entity’’ means an entity 13
providing prenatal care, labor care, birthing, and 14
postpartum care services in a rural area, a frontier 15
county, a medically underserved area, or the juris-16
diction of an Indian Tribe or Tribal organization. 17
(2) The term ‘‘frontier county’’ has the mean-18
ing given such term in section 19
1886(d)(3)(E)(iii)(III) of the Social Security Act 20
(42 U.S.C. 1395ww(d)(3)(E)(iii)(III)). 21
(3) The terms ‘‘Indian Tribe’’ and ‘‘Tribal or-22
ganization’’ have the meanings given to such terms 23
in section 4 of the Indian Self-Determination and 24
Education Assistance Act (25 U.S.C. 5304). 25
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(4) The term ‘‘medically underserved area’’ 1
means a health professional shortage area des-2
ignated under section 332 of the Public Health Serv-3
ice Act (42 U.S.C. 254e). 4
(5) The term ‘‘rural area’’ has the meaning 5
given to such term in section 330J(e) of the Public 6
Health Service Act (42 U.S.C. 254c–15(e)). 7
(6) The term ‘‘Secretary’’ means the Secretary 8
of Health and Human Services. 9
(e) A
UTHORIZATION OFAPPROPRIATIONS.—To carry 10
out this section, there are authorized to be appropriated 11
such sums as may be necessary for fiscal years 2024 12
through 2029. 13
SEC. 102. POSITIVE ALTERNATIVES FOR WOMEN. 14
(a) P
ROGRAMAUTHORITY.— 15
(1) P
URPOSE.—The purpose of grants under 16
this section shall be to support, encourage, and as-17
sist women— 18
(A) to carry their pregnancies to term; and 19
(B) to care for their babies after birth. 20
(2) G
RANTS.—For the purpose described in 21
paragraph (1), the Secretary shall award grants to 22
eligible entities described in subsection (b) to provide 23
information on, referral to, and direct services as de-24
scribed in subsection (c). 25
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(b) ELIGIBILITY.— 1
(1) E
LIGIBLE ENTITIES.—To be eligible for a 2
grant under this section, an entity shall— 3
(A) be a nonprofit organization; 4
(B) support, encourage, and assist women 5
as described in subsection (a)(1); 6
(C) agree to be subject to such monitoring 7
and review as the Secretary may require under 8
subsection (g); 9
(D) agree to not charge women for services 10
provided through the grant; 11
(E) provide each pregnant woman coun-12
seled through the grant with accurate informa-13
tion on the developmental characteristics of ba-14
bies and of unborn children, including offering 15
printed information; and 16
(F) have a privacy policy and procedures 17
in place to ensure that— 18
(i) the name, address, telephone num-19
ber, or any other information that might 20
identify any woman seeking services sup-21
ported through the grant is not made pub-22
lic or shared with any other entity without 23
the written consent of the woman; and 24
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(ii) the grantee adheres to require-1
ments comparable to those applicable 2
under the HIPAA privacy regulation (as 3
defined in section 1180(b)(3) of the Social 4
Security Act (42 U.S.C. 1320d–9)) to cov-5
ered entities (as defined for purposes of 6
such regulation). 7
(2) I
NELIGIBLE ENTITIES.—An entity shall be 8
ineligible to receive a grant under this section if the 9
entity or any affiliate, subsidiary, successor, or clinic 10
thereof— 11
(A) performs, induces, refers for, or coun-12
sels in favor of abortions; or 13
(B) provides financial support to any other 14
entity that conducts any activity described in 15
subparagraph (A). 16
(3) F
INANCIAL RECORDS.—As a condition on 17
receipt of a grant under this section, an eligible enti-18
ty shall agree to maintain and make available to the 19
Secretary records, including financial records, that 20
demonstrate that the entity satisfies the require-21
ments of paragraph (1) and is not ineligible by oper-22
ation of paragraph (2). 23
(c) C
OVEREDSERVICES.— 24
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(1) REQUIRED INFORMATION AND REFER -1
RAL.—For the purpose described in subsection 2
(a)(1), an eligible entity receiving a grant under this 3
section shall use the grant to provide information 4
on, and referral to, each of the following services: 5
(A) Medical care. 6
(B) Nutritional services. 7
(C) Housing assistance. 8
(D) Adoption services. 9
(E) Education and employment assistance, 10
including services that support the continuation 11
and completion of high school. 12
(F) Child care assistance. 13
(G) Parenting education and support serv-14
ices. 15
(H) Voluntary substance abuse counseling 16
and treatment. 17
(2) P
ERMISSIBLE DIRECT PROVISION OF SERV -18
ICES.—For the purpose described in subsection 19
(a)(1), in addition to using a grant under this sec-20
tion as described in paragraph (1), an eligible entity 21
receiving a grant under this section may use the 22
grant for the direct provision of one or more services 23
listed in paragraph (1). 24
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(d) PROHIBITEDUSES OFFUNDS.—None of the 1
funds made available under this section shall be used— 2
(1) for health benefits coverage that includes 3
coverage of abortion; 4
(2) for providing or assisting a woman to obtain 5
adoption services from a provider of adoption serv-6
ices that is not licensed; and 7
(3) for any of the activities described in sub-8
section (b)(2). 9
(e) A
PPROVAL OFINFORMATION ASMEDICALLYAC-10
CURATE.—As a condition on the receipt of a grant under 11
this section, an eligible entity shall refrain from providing 12
any information pursuant to the grant on the health risks 13
associated with abortions other than information that has 14
been approved by the Secretary as medically accurate. 15
(f) C
ONSIDERATION.—In selecting the recipients of 16
grants under this section, the Secretary shall consider 17
each applicant’s demonstrated capacity in providing serv-18
ices to assist a pregnant woman in carrying her pregnancy 19
to term. 20
(g) M
ONITORING AND REVIEW.—The Secretary 21
shall— 22
(1) monitor and review each program funded 23
through a grant under this section to ensure that 24
the grantee carefully adheres to— 25
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(A) the purpose described in subsection 1
(a)(1); and 2
(B) the requirements of this section; and 3
(2) cease to fund a program under this section 4
if the grantee fails to adhere to such purpose and re-5
quirements. 6
(h) D
EFINITIONS.—In this section: 7
(1) A
BORTION.—The term ‘‘abortion’’ means 8
the use or prescription of any instrument, medicine, 9
drug, or any other substance or device to inten-10
tionally— 11
(A) kill the unborn child of a woman 12
known to be pregnant; or 13
(B) terminate the pregnancy of a woman 14
known to be pregnant, with an intention other 15
than— 16
(i) after viability, to produce a live 17
birth and preserve the life and health of 18
the child born alive; 19
(ii) to remove a dead unborn child; or 20
(iii) to treat an ectopic pregnancy. 21
(2) S
ECRETARY.—The term ‘‘Secretary’’ means 22
the Secretary of Health and Human Services. 23
(i) A
UTHORIZATION OFAPPROPRIATIONS.—To carry 24
out this section, there are authorized to be appropriated 25
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such sums as may be necessary for fiscal years 2024 1
through 2029. 2
SEC. 103. EDUCATED DECISIONS ON MATERNAL HEALTH. 3
(a) I
NGENERAL.— 4
(1) R
EQUIREMENT OF COMPLIANCE BY PRO -5
VIDERS.—Any abortion provider, acting in or affect-6
ing interstate or foreign commerce, who knowingly 7
performs, or attempts to perform, any abortion shall 8
comply with the requirements of this section. 9
(2) R
EVIEW OF MEDICAL RISKS AND UNBORN 10
HEALTH STATUS.—An abortion provider who intends 11
to perform, or attempt to perform, an abortion may 12
not perform any part of the abortion procedure with-13
out first obtaining a signed Informed Consent Au-14
thorization form in accordance with this subsection. 15
(3) I
NFORMED CONSENT AUTHORIZATION 16
FORM.— 17
(A) I
N GENERAL.—The Informed Consent 18
Authorization form required under this sub-19
section shall— 20
(i) be presented in person by the abor-21
tion provider 24 hours prior to performing, 22
or attempting to perform, the abortion to 23
the woman seeking the abortion; and 24
(ii) consist of— 25
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(I) a statement, in easily under-1
standable common language, by the 2
abortion provider indicating— 3
(aa) the probable gestational 4
age, in completed days, of the 5
child; 6
(bb) all medical risks associ-7
ated with the specific abortion 8
procedure; and 9
(cc) the major developmental 10
characteristics of unborn children 11
at such gestational age, including 12
the presence of a heartbeat, the 13
ability to react to painful stimuli, 14
and the development of organs, 15
fingers, and facial features; 16
(II) a statement, in easily under-17
standable common language, that the 18
requirements of this subsection are 19
binding upon the abortion provider 20
and all other medical personnel, that 21
such abortion providers and medical 22
personnel are subject to criminal and 23
civil penalties for violations of these 24
requirements, and that a woman on 25
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whom an abortion has been performed 1
may take civil action if these require-2
ments are not followed; and 3
(III) an affirmation that each in-4
dividual signing the Informed Consent 5
Authorization form has filled out the 6
form to the best of his or her knowl-7
edge and understands the information 8
contained in the form. 9
(B) S
IGNATORIES REQUIRED .—The In-10
formed Consent Authorization form required 11
under this subsection shall be signed in person 12
by the woman seeking the abortion, the abor-13
tion provider performing or attempting to per-14
form the abortion, and a witness. 15
(C) R
ETENTION OF CONSENT FORM .—The 16
abortion provider performing or attempting to 17
perform an abortion shall retain the signed In-18
formed Consent Authorization form required 19
under this subsection in the patient’s medical 20
file. 21
(D) R
EQUIREMENT FOR DATA RETEN -22
TION.—Paragraph (j)(2) of section 164.530 of 23
title 45, Code of Federal Regulations, shall 24
apply to the Informed Consent Authorization 25
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form required to be placed in a patient’s med-1
ical file pursuant to subparagraph (C) in the 2
same manner and to the same extent as such 3
paragraph applies to documentation required by 4
paragraph (j)(1) of such section. 5
(E) C
OPY OF FORM.—A copy of the signed 6
Informed Consent Authorization required under 7
this subsection shall be provided to the woman 8
seeking an abortion. 9
(4) E
XCEPTIONS.—The requirements of this 10
subsection shall not apply if, in reasonable medical 11
judgment, compliance with paragraph (2) would pose 12
a greater risk of— 13
(A) the death of the pregnant woman; or 14
(B) the substantial and irreversible phys-15
ical impairment of a major bodily function, not 16
including psychological or emotional conditions, 17
of the pregnant woman. 18
(b) P
ENALTY FORFAILURETOCOMPLY.— 19
(1) C
IVIL PENALTY.— 20
(A) E
NFORCEMENT BY ATTORNEY GEN -21
ERAL.—The Attorney General shall commence 22
a civil action in an appropriate district court of 23
the United States under this subsection against 24
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any abortion provider who knowingly commits a 1
violation of subsection (a). 2
(B) P
ENALTY.—In a civil action under 3
subparagraph (A), the court may, to vindicate 4
the public interest, assess a civil penalty against 5
the abortion provider in an amount— 6
(i) not less than $100,000 and not 7
more than $150,000, for each such viola-8
tion that is adjudicated in the first pro-9
ceeding against such abortion provider 10
under this subsection; or 11
(ii) not less than $150,001 and not 12
more than $250,000, for each such viola-13
tion that is adjudicated in a subsequent 14
proceeding against such abortion provider 15
under this subsection. 16
(C) N
OTIFICATION.—Upon the assessment 17
of a civil penalty under subparagraph (B), the 18
Attorney General shall notify the appropriate 19
State medical licensing authority. 20
(D) N
O PENALTIES FOR PREGNANT 21
WOMEN.—A pregnant woman shall not be sub-22
ject to any penalty under this section. 23
(2) P
RIVATE RIGHT OF ACTION.— 24
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(A) IN GENERAL.—A woman or a parent 1
of a minor upon whom an abortion has been 2
performed in violation of subsection (a) may 3
commence a civil action against the abortion 4
provider for appropriate relief. 5
(B) A
PPROPRIATE RELIEF .—Appropriate 6
relief in a civil action under this paragraph in-7
cludes— 8
(i) objectively verifiable money dam-9
ages for all injuries, psychological and 10
physical, occasioned by the violation; 11
(ii) statutory damages equal to 3 12
times the cost of the abortion; and 13
(iii) punitive damages. 14
(C) A
TTORNEY’S FEES FOR PLAINTIFF .— 15
The court shall award a reasonable attorney’s 16
fee as part of the costs to a prevailing plaintiff 17
in a civil action under this paragraph. 18
(D) A
TTORNEY’S FEES FOR DEFEND -19
ANT.—If a defendant in a civil action under 20
this paragraph prevails and the court finds that 21
the plaintiff’s suit was frivolous, the court shall 22
award a reasonable attorney’s fee in favor of 23
the defendant against the plaintiff. 24
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(E) AWARDS AGAINST WOMAN .—In any 1
civil action under this paragraph, no damages 2
or other monetary relief, and no attorney’s fees 3
except as provided under subparagraph (D), 4
may be assessed against the woman upon whom 5
the abortion was performed or attempted. 6
(c) P
REEMPTION.—Nothing in this title or the 7
amendments made by this title shall be construed to pre-8
empt any provision of State law to the extent that such 9
State law establishes, implements, or continues in effect 10
disclosure requirements regarding abortion or penalties 11
for failure to comply with such requirements that are more 12
extensive than those provided under the amendment made 13
by this title. 14
(d) R
ULE OFCONSTRUCTION.—Nothing in this title 15
shall be construed to prohibit an abortion provider from 16
presenting the information required under subsection (a) 17
to a pregnant woman at the same time as acquiring in-18
formed consent for an abortion from such woman in ac-19
cordance with State law, provided that the presentation 20
of such information occurs at least 24 hours before the 21
abortion. 22
(e) D
EFINITIONS.—In this section: 23
(1) A
BORTION.—The term ‘‘abortion’’ means 24
the use or prescription of any instrument, medicine, 25
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drug, or any other substance or device to inten-1
tionally— 2
(A) kill the unborn child of a woman 3
known to be pregnant; or 4
(B) terminate the pregnancy of a woman 5
known to be pregnant, with an intention other 6
than— 7
(i) after viability, to produce a live 8
birth and preserve the life and health of 9
the child born alive; 10
(ii) to remove a dead unborn child; or 11
(iii) to treat an ectopic pregnancy. 12
(2) A
BORTION PROVIDER.—The term ‘‘abortion 13
provider’’ means a person— 14
(A) licensed to practice medicine and sur-15
gery or osteopathic medicine and surgery; or 16
(B) otherwise legally authorized to perform 17
an abortion. 18
(3) A
TTEMPT.—The term ‘‘attempt’’, with re-19
spect to an abortion, means conduct that, under the 20
circumstances as the actor believes them to be, con-21
stitutes a substantial step in a course of conduct 22
planned to culminate in performing an abortion. 23
(4) M
INOR.—The term ‘‘minor’’ means an indi-24
vidual who has not attained the age of 18 years. 25
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(5) PERFORM.—The term ‘‘perform’’, with re-1
spect to an abortion, includes inducing an abortion 2
through a medical or chemical intervention including 3
writing a prescription for a drug or device intended 4
to result in an abortion. 5
(6) R
EASONABLE MEDICAL JUDGMENT .—The 6
term ‘‘reasonable medical judgment’’ means a med-7
ical judgment that would be made by a reasonably 8
prudent abortion provider, knowledgeable about the 9
case and the treatment possibilities with respect to 10
the medical conditions involved. 11
(7) U
NBORN CHILD.—The term ‘‘unborn child’’ 12
means an individual organism of the species homo 13
sapiens, beginning at fertilization, until the point of 14
being born alive as defined in section 8(b) of title 1, 15
United States Code. 16
(8) W
OMAN.—The term ‘‘woman’’ means a fe-17
male human being whether or not she has reached 18
the age of majority. 19
SEC. 104. LIFE.GOV: AWARENESS FOR EXPECTING MOTH-20
ERS. 21
The Public Health Service Act (42 U.S.C. 201 et 22
seq.) is amended by adding at the end the following: 23
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‘‘TITLE XXXIV—AWARENESS FOR 1
EXPECTING MOTHERS 2
‘‘SEC. 3401. WEBSITE AND PORTAL. 3
‘‘(a) W
EBSITE.—Not later than 1 year after the date 4
of enactment of this section, the Secretary shall publish 5
a user-friendly public website, life.gov, to provide a com-6
prehensive list of Federal, State, local governmental, and 7
private resources available to pregnant women including— 8
‘‘(1) resources to mental health counseling, 9
pregnancy counseling, and other prepartum and 10
postpartum services; 11
‘‘(2) comprehensive information on alternatives 12
to abortion; 13
‘‘(3) information about abortion risks, including 14
complications and failures; and 15
‘‘(4) links to information on child development 16
from moment of conception. 17
‘‘(b) P
ORTAL.—Not later than 1 year after the date 18
of enactment of this section, the Secretary shall publish 19
a portal on the public website of the Department of Health 20
and Human Services that— 21
‘‘(1) through a series of questions, will furnish 22
specific tailored information to the user on what 23
pregnancy-related information they are looking for, 24
such as— 25
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‘‘(A) Federal, State, local governmental, 1
and private resources that may be available to 2
the woman within her ZIP Code, including the 3
resources specified in subsection (c); and 4
‘‘(B) risks related to abortion at all stages 5
of fetal gestation; and 6
‘‘(2) provides for the submission of feedback on 7
how user-friendly and helpful the portal was in pro-8
viding the tailored information the user was seeking. 9
‘‘(c) R
ESOURCES.—The Federal, State, local govern-10
mental, and private resources specified in this subsection 11
are the following: 12
‘‘(1) Mentorship opportunities, including preg-13
nancy help and case management resources. 14
‘‘(2) Health and well-being services, including 15
women’s medical services such as obstetrical and 16
gynecological support services for women, abortion 17
pill reversal, breastfeeding, general health services, 18
primary care, and dental care. 19
‘‘(3) Financial assistance, work opportunities, 20
nutrition assistance, childcare, and education oppor-21
tunities. 22
‘‘(4) Material or legal support, including trans-23
portation, food, nutrition, clothing, household goods, 24
baby supplies, housing, shelters, maternity homes, 25
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tax preparation, legal support for child support, 1
family leave, breastfeeding protections, and custody 2
issues. 3
‘‘(5) Recovery and mental health services, in-4
cluding services with respect to addiction or suicide 5
intervention, intimate partner violence, sexual as-6
sault, rape, sex trafficking, and counseling for 7
women and families surrounding unexpected loss of 8
a child. 9
‘‘(6) Prenatal diagnostic services, including dis-10
ability support organizations, medical interventions 11
for a baby, perinatal hospice resources, pregnancy 12
and infant loss support, and literature on pregnancy 13
wellness. 14
‘‘(7) Healing and support services for abortion 15
survivors and their families. 16
‘‘(8) Services providing care for children, in-17
cluding family planning education, adoption, foster 18
care, and short-term care resources. 19
‘‘(d) A
DMINISTRATION.—The Secretary may not del-20
egate implementation or administration of the portal es-21
tablished under subsection (b) below the level of the Office 22
of the Secretary. 23
‘‘(e) F
OLLOW-UP.—The Secretary shall develop a 24
plan under which— 25
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‘‘(1) the Secretary includes in the portal estab-1
lished under subsection (b), a mechanism for users 2
of the portal to take an assessment through the por-3
tal and provide consent to use the user’s contact in-4
formation; 5
‘‘(2) the Secretary conducts outreach via phone 6
or email to follow up with users of the portal estab-7
lished under subsection (b) on additional resources 8
that would be helpful for the users to review; and 9
‘‘(3) upon the request of a user of the portal for 10
specific information, after learning of the additional 11
resources through the portal, agents of the Depart-12
ment of Health and Human Services make every ef-13
fort to furnish specific information to such user in 14
coordination with Federal, State, local governmental, 15
and private health care providers and resources. 16
‘‘(f) R
ESOURCELISTAGGREGATION.— 17
‘‘(1) I
N GENERAL.—Pursuant to criteria devel-18
oped in subsection (e)(2), each State shall provide 19
recommendations of State, local governmental, and 20
private resources under subsection (b)(1)(A) to in-21
clude in the portal. 22
‘‘(2) C
RITERIA FOR MAKING RECOMMENDA -23
TIONS.—The Secretary shall develop, and make pub-24
lic, criteria to provide to the States to determine 25
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whether resources recommended as described in 1
paragraph (1) for inclusion in the portal can appear 2
in the portal. Such criteria shall include the require-3
ment that the resource provider is not a prohibited 4
entity and the requirement that the resource pro-5
vider has been engaged in providing services for a 6
minimum of 3 consecutive years. The Secretary shall 7
establish a process for a resource provider to appeal 8
a decision on inclusion. 9
‘‘(3) G
RANT PROGRAM.— 10
‘‘(A) I
N GENERAL.—The Secretary may 11
provide grants to States to establish or support 12
a system that aggregates the resources de-13
scribed in subsection (b)(1)(A), in accordance 14
with the criteria developed under paragraph 15
(2), and that may be coordinated, to the extent 16
determined appropriate by the State, by a 17
statewide, regionally based, or community-based 18
public entity or private nonprofit. 19
‘‘(B) A
PPLICATIONS.—To be eligible to re-20
ceive a grant under subparagraph (A), a State 21
shall submit an application to the Secretary at 22
such time, in such manner, and containing such 23
information as the Secretary may require, in-24
cluding a plan for outreach and awareness ac-25
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•HR 1126 IH
tivities, and a list of service providers that 1
would be included in the State system sup-2
ported by the grant. 3
‘‘(g) M
ATERNALMENTALHEALTHHOTLINE.—The 4
Secretary shall ensure that the Maternal Mental Health 5
Hotline of the Health Resources and Services Administra-6
tion— 7
‘‘(1) disseminates information regarding, and 8
linkages to, the life.gov website and portal described 9
in subsections (a) and (b); 10
‘‘(2) has the capacity to help families in every 11
State and community in the Nation; and 12
‘‘(3) includes live chat features, 24 hours a day, 13
to connect individuals to the information the portal 14
hosts. 15
‘‘(h) P
ROHIBITIONREGARDINGCERTAINENTI-16
TIES.—The resources listed on the life.gov website, and 17
made available through the portal and hotline established 18
under this section may not include any resource offered 19
by a prohibited entity. 20
‘‘(i) S
ERVICES INDIFFERENTLANGUAGES.—The 21
life.gov website and hotline shall ensure the widest possible 22
access to services for families who speak languages other 23
than English. 24
‘‘(j) P
RIVACYPROTECTION.— 25
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‘‘(1) Any entity providing resources under this 1
title must have a privacy policy and procedures in 2
place to ensure that the name, address, telephone 3
number, or any other information that might iden-4
tify any woman seeking the services of the program 5
is not made public or shared with any other agency 6
or organization without the written consent of the 7
woman. All communications between the resource 8
and the woman must remain confidential and any 9
entity providing resources shall adhere to require-10
ments comparable to those applicable under the 11
HIPAA privacy regulation (as defined in section 12
1180(b)(3) of the Social Security Act) to covered en-13
tities (as defined for purposes of such regulation). 14
‘‘(2) Notwithstanding paragraph (1), the Sec-15
retary has access to any information necessary to 16
monitor and review a grantee’s program as required 17
under subsection (k). 18
‘‘(k) R
EPORTINGREQUIREMENTS.— 19
‘‘(1) I
N GENERAL.—Not later than 180 days 20
after the date on which the life.gov website and por-21
tal are established under subsection (a), the Sec-22
retary shall submit to Congress a report on— 23
‘‘(A) the traffic of the website and the 24
interactive portal; 25
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•HR 1126 IH
‘‘(B) user feedback on the accessibility and 1
helpfulness of the website and interactive portal 2
in tailoring to the user’s needs; 3
‘‘(C) insights on gaps in Federal, State, 4
local governmental, and private programming 5
with respect to services for pregnant and 6
postpartum women; and 7
‘‘(D) suggestions on how to improve user 8
experience and accessibility based on user feed-9
back and missing resources that would be help-10
ful to include in future updates. 11
‘‘(2) C
ONFIDENTIALITY.—The report under 12
paragraph (1) shall not include any personal identi-13
fying information regarding individuals who have 14
used the website or portal. 15
‘‘(l) D
EFINITIONS.—In this section: 16
‘‘(1) A
BORTION.—The term ‘abortion’ means 17
the use or prescription of any instrument, medicine, 18
drug, or any other substance or device to inten-19
tionally— 20
‘‘(A) kill the unborn child of a woman 21
known to be pregnant; or 22
‘‘(B) terminate the pregnancy of a woman 23
known to be pregnant, with an intention other 24
than— 25
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‘‘(i) after viability, to produce a live 1
birth and preserve the life and health of 2
the child born alive; 3
‘‘(ii) to remove a dead unborn child; 4
or 5
‘‘(iii) to treat an ectopic pregnancy. 6
‘‘(2) B
ORN ALIVE.—The term ‘born alive’ has 7
the meaning given such term in section 8(b) of title 8
1, United States Code. 9
‘‘(3) P
ROHIBITED ENTITY.—The term ‘prohib-10
ited entity’ means an entity, including its affiliates, 11
subsidiaries, successors, and clinics that performs, 12
induces, refers for, or counsels in favor of abortions, 13
or provides financial support to any other organiza-14
tion that conducts such activities. 15
‘‘(4) U
NBORN CHILD.—The term ‘unborn child’ 16
means an individual organism of the species homo 17
sapiens, beginning at fertilization, until the point of 18
being born alive.’’. 19
SEC. 105. PARENTAL NOTIFICATION. 20
(a) R
EQUIREMENT.—Any physician who, in or affect-21
ing interstate or foreign commerce, performs or induces 22
an abortion on a minor shall provide, or cause his or her 23
agent to provide— 24
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•HR 1126 IH
(1) at least 24 hours of actual notice to a par-1
ent of the minor before performing or inducing the 2
abortion; or 3
(2) at least 48 hours of constructive notice to 4
a parent of the minor before performing or inducing 5
the abortion. 6
(b) E
XCEPTIONS.—The notification requirement of 7
subsection (a) does not apply if— 8
(1) the abortion is performed or induced in a 9
State that has, in force, a law requiring parental in-10
volvement in a minor’s abortion decision and the 11
physician complies with the requirements of that 12
law; 13
(2) the physician is presented with documenta-14
tion showing with a reasonable degree of certainty 15
that a court in the minor’s State of residence has 16
waived any parental notification required by the laws 17
of that State, or has otherwise authorized that the 18
minor be allowed to procure an abortion; 19
(3) the minor declares in a signed written state-20
ment that she is the victim of sexual abuse, neglect, 21
or physical abuse by a parent, and, before an abor-22
tion is performed on the minor, the physician noti-23
fies the authorities specified to receive reports of 24
child abuse or neglect by the law of the State in 25
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•HR 1126 IH
which the minor resides of the known or suspected 1
abuse or neglect; 2
(4) the abortion is necessary to save the life of 3
the minor because her life was endangered by a 4
physical disorder, physical injury, or physical illness, 5
including a life endangering physical condition 6
caused by or arising from the pregnancy itself, but 7
an exception under this paragraph does not apply 8
unless the attending physician or an agent of such 9
physician, within 24 hours after completion of the 10
abortion, notifies a parent in writing that an abor-11
tion was performed on the minor and of the cir-12
cumstances that warranted invocation of this para-13
graph; or 14
(5) the minor is physically accompanied by a 15
person who presents the physician or his agent with 16
documentation showing with a reasonable degree of 17
certainty that he or she is in fact the parent of that 18
minor. 19
(c) P
ENALTY FORFAILURETOCOMPLY.— 20
(1) C
IVIL PENALTY.— 21
(A) E
NFORCEMENT BY ATTORNEY GEN -22
ERAL.—The Attorney General shall commence 23
a civil action in an appropriate district court of 24
the United States under this subsection against 25
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•HR 1126 IH
any physician who commits a violation of sub-1
section (a). 2
(B) P
ENALTY.—In a civil action under 3
subparagraph (A), the court may, to vindicate 4
the public interest, assess a civil penalty against 5
the physician in an amount— 6
(i) not less than $100,000 and not 7
more than $150,000, for each such viola-8
tion that is adjudicated in the first pro-9
ceeding against such physician under this 10
subsection; or 11
(ii) not less than $150,001 and not 12
more than $250,000, for each such viola-13
tion that is adjudicated in a subsequent 14
proceeding against such physician under 15
this subsection. 16
(C) N
OTIFICATION.—Upon the assessment 17
of a civil penalty under subparagraph (B), the 18
Attorney General shall notify the appropriate 19
State medical licensing authority. 20
(D) N
O PENALTIES FOR PREGNANT 21
WOMEN.—A pregnant woman shall not be sub-22
ject to any penalty under this section. 23
(2) P
RIVATE RIGHT OF ACTION.— 24
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(A) IN GENERAL.—A parent of a minor 1
upon whom an abortion has been performed or 2
induced in violation of subsection (a) (other 3
than a parent described in subsection (b)(3)) 4
may commence a civil action against the physi-5
cian for appropriate relief. 6
(B) A
PPROPRIATE RELIEF .—Appropriate 7
relief in a civil action under this paragraph in-8
cludes— 9
(i) objectively verifiable money dam-10
ages for all injuries, psychological and 11
physical, occasioned by the violation; 12
(ii) statutory damages equal to 3 13
times the cost of the abortion; and 14
(iii) punitive damages. 15
(C) A
TTORNEY’S FEES FOR PLAINTIFF .— 16
The court shall award a reasonable attorney’s 17
fee as part of the costs to a prevailing party in 18
a civil action under this paragraph. 19
(d) D
EFINITIONS.—For the purposes of this sec-20
tion— 21
(1) the term ‘‘abortion’’ means the use or pre-22
scription of any instrument, medicine, drug, or any 23
other substance or device to intentionally— 24
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(A) kill the unborn child of a woman 1
known to be pregnant; or 2
(B) terminate the pregnancy of a woman 3
known to be pregnant, with an intention other 4
than— 5
(i) after viability, to produce a live 6
birth and preserve the life and health of 7
the child born alive; 8
(ii) to remove a dead unborn child; or 9
(iii) to treat an ectopic pregnancy; 10
(2) the term ‘‘actual notice’’ means the giving 11
of written notice directly, in person, by the physician 12
or any agent of the physician; 13
(3) the term ‘‘constructive notice’’ means notice 14
that is given by certified mail, return receipt re-15
quested, restricted delivery to the last known ad-16
dress of the person being notified, with delivery 17
deemed to have occurred 48 hours following noon on 18
the next day subsequent to mailing on which regular 19
mail delivery takes place, days on which mail is not 20
delivered excluded; 21
(4) the term ‘‘law requiring parental involve-22
ment in a minor’s abortion decision’’ means a law— 23
(A) requiring, before an abortion is per-24
formed on a minor, either— 25
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(i) the notification to a parent of that 1
minor; or 2
(ii) proceedings in a State court; and 3
(B) that does not provide as an alternative 4
to the requirements described in subparagraph 5
(A) notification to any person or entity who is 6
not described in that subparagraph; 7
(5) the term ‘‘minor’’ means an individual who 8
has not attained the age of 18 years and who is not 9
emancipated under the law of the State in which the 10
minor resides; 11
(6) the term ‘‘parent’’ means— 12
(A) a parent or guardian; 13
(B) a legal custodian; or 14
(C) a person standing in loco parentis who 15
has care and control of the minor, and with 16
whom the minor regularly resides, as deter-17
mined by State law; 18
(7) the term ‘‘physician’’ means a doctor of 19
medicine legally authorized to practice medicine by 20
the State in which such doctor practices medicine, or 21
any other person legally empowered under State law 22
to perform an abortion; and 23
(8) the term ‘‘State’’ includes the District of 24
Columbia and any commonwealth, possession, or 25
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other territory of the United States, and any Indian 1
Tribe or reservation. 2
SEC. 106. MORATORIUM ON FEDERAL FUNDING TO 3
PLANNED PARENTHOOD FEDERATION OF 4
AMERICA, INC. 5
(a) I
NGENERAL.—For the one-year period beginning 6
on the date of the enactment of this Act, subject to sub-7
section (b), no funds authorized or appropriated by Fed-8
eral law may be made available for any purpose to Planned 9
Parenthood Federation of America, Inc., or any affiliate 10
or clinic of Planned Parenthood Federation of America, 11
Inc., unless such entities certify that Planned Parenthood 12
Federation of America affiliates and clinics will not per-13
form, and will not provide any funds to any other entity 14
that performs, an abortion during such period. 15
(b) E
XCEPTION.—Subsection (a) shall not apply to 16
an abortion— 17
(1) if the pregnancy is the result of an act of 18
rape or incest; or 19
(2) in the case where a woman suffers from a 20
physical disorder, physical injury, or physical illness 21
that would, as certified by a physician, place the 22
woman in danger of death unless an abortion is per-23
formed, including a life-endangering physical condi-24
tion caused by or arising from the pregnancy itself. 25
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(c) REPAYMENT.—The Secretary of Health and 1
Human Services and the Secretary of Agriculture shall 2
seek repayment of any Federal assistance received by 3
Planned Parenthood Federation of America, Inc., or any 4
affiliate or clinic of Planned Parenthood Federation of 5
America, Inc., if it violates the terms of the certification 6
required by subsection (a) during the period specified in 7
subsection (a). 8
SEC. 107. FUNDING. 9
There is authorized to be appropriated, and appro-10
priated, $235,000,000 to carry out sections 101, 102, and 11
103 of this Act, and section 3401 of the Public Health 12
Service Act, as added by section 104. 13
TITLE II—GENERAL PROVISIONS 14
SEC. 201. RULE OF CONSTRUCTION. 15
Nothing in this Act shall be construed to reduce over-16
all Federal funding available in support of women’s health. 17
Æ
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