II 

117TH CONGRESS 

2D SESSION S. 4868 

To provide support and assistance to unborn children, pregnant women, 

parents, and families. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 15, 2022 

Mr. RUBIO introduced the following bill; which was read twice and referred 

to the Committee on Finance 

A BILL 

To provide support and assistance to unborn children, 

pregnant women, parents, and families. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Providing for Life Act’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 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. 


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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. 

1 SEC. 2. PERMANENT EXTENSION AND MODIFICATION OF 

2 SPECIAL RULES FOR CHILD TAX CREDIT. 

3 (a) IN GENERAL.—Section 24 of the Internal Rev4 enue Code of 1986 is amended by striking subsections (a), 

5 (b), and (c) and inserting the following new subsections: 

6 ‘‘(a) ALLOWANCE OF CREDIT.—There shall be al7 lowed as a credit against the tax imposed by this chapter 

8 for the taxable year an amount equal to the sum of— 

9 ‘‘(1) $3,500 for each qualifying child of the tax10 payer ($4,500 in the case of a qualifying child who 

11 has not attained age 6 as of the close of the cal12 endar year in which the taxable year of the taxpayer 

13 begins), and 

14 ‘‘(2) in the case of any taxable year beginning 

15 before January 1, 2026, $500 for each qualifying 

16 dependent (other than a qualifying child) of the tax17 payer. 

18 ‘‘(b) LIMITATION BASED ON ADJUSTED GROSS IN19 COME.—The amount of the credit allowable under sub20 section (a) shall be reduced (but not below zero) by $50 


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1 for each $1,000 (or fraction thereof) by which the tax2 payer’s modified adjusted gross income exceeds $400,000 

3 in the case of a joint return ($200,000 in any other case). 

4 For purposes of the preceding sentence, the term ‘‘modi5 fied adjusted gross income’’ means adjusted gross income 

6 increased by any amount excluded from gross income 

7 under section 911, 931, or 933. 

8 ‘‘(c) QUALIFYING CHILD; QUALIFYING DEPEND9 ENT.—For purposes of this section— 

10 ‘‘(1) QUALIFYING CHILD.—The term ‘qualifying 

11 child’ means any qualifying dependent of the tax12 payer— 

13 ‘‘(A) who is a qualifying child (as defined 

14 in section 152(c)) of the taxpayer, 

15 ‘‘(B) who has not attained age 18 at the 

16 close of the calendar year in which the taxable 

17 year of the taxpayer begins, and 

18 ‘‘(C) whose name and social security num19 ber are included on the taxpayer’s return of tax 

20 for the taxable year. 

21 ‘‘(2) QUALIFYING DEPENDENT.—The term 

22 ‘qualifying dependent’ means any dependent of the 

23 taxpayer (as defined in section 152 without regard 

24 to all that follows ‘resident of the United States’ in 

25 section 152(b)(3)(A)) whose name and TIN are inVerDate Sep 11 2014 23:23 Sep 20, 2022 Jkt 029200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S4868.IS S4868

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1 cluded on the taxpayer’s return of tax for the tax2 able year. 

3 ‘‘(3) SOCIAL SECURITY NUMBER DEFINED.— 

4 For purposes of this subsection, the term ‘social se5 curity number’ means, with respect to a return of 

6 tax, a social security number issued to an individual 

7 by the Social Security Administration, but only if 

8 the social security number is issued— 

9 ‘‘(A) to a citizen of the United States or 

10 pursuant to subclause (I) (or that portion of 

11 subclause (III) that relates to subclause (I)) of 

12 section 205(c)(2)(B)(i) of the Social Security 

13 Act, and 

14 ‘‘(B) on or before the due date of filing 

15 such return.’’. 

16 (b) PORTION OF CREDIT REFUNDABLE.—Section 

17 24(d)(1) of the Internal Revenue Code of 1986 is amend18 ed— 

19 (1) by striking subparagraph (A) and inserting 

20 the following: 

21 ‘‘(A) the credit which would be allowed 

22 under this section determined— 

23 ‘‘(i) without regard to subsection 

24 (a)(2), and 


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1 ‘‘(ii) without regard to this subsection 

2 (other than this subparagraph) and the 

3 limitation under section 26(a), or’’, and 

4 (2) in subparagraph (B), by striking ‘‘15 per5 cent of so much of the taxpayer’s earned income 

6 (within the meaning of section 32) which is taken 

7 into account in computing taxable income for the 

8 taxable year as exceeds $3,000’’ and inserting ‘‘15.3 

9 percent of the taxpayer’s earned income (within the 

10 meaning of section 32) which is taken into account 

11 in computing taxable income’’. 

12 (c) CONFORMING AMENDMENTS.— 

13 (1) Section 24(e) of the Internal Revenue Code 

14 of 1986 is amended to read as follows: 

15 ‘‘(e) TAXPAYER IDENTIFICATION REQUIREMENT.— 

16 No credit shall be allowed under this section if the identi17 fying number of the taxpayer was issued after the due date 

18 for filing the return of tax for the taxable year.’’. 

19 (2) Section 24 of such Code is amended by 

20 striking subsection (h). 

21 (d) REPEAL OF CERTAIN LATER ENACTED PROVI22 SIONS.— 

23 (1) Section 24 of the Internal Revenue Code of 

24 1986 is amended by striking subsections (i), (j), and 

25 (k). 


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1 (2) Chapter 77 of such Code is amended by 

2 striking section 7527A (and by striking the item re3 lating to section 7527A in the table of sections for 

4 such chapter). 

5 (3) Section 26(b)(2) of such Code is amended 

6 by inserting ‘‘and’’ at the end of subparagraph (X), 

7 by striking ‘‘, and’’ at the end of subparagraph (Y) 

8 and inserting a period, and by striking subparagraph 

9 (Z). 

10 (4) Section 3402(f)(1)(C) of such Code is 

11 amended by striking ‘‘section 24 (determined after 

12 application of subsection (j) thereof)’’ and inserting 

13 ‘‘section 24(a)’’. 

14 (5) Section 6211(b)(4)(A) of such Code is 

15 amended— 

16 (A) by striking ‘‘24 by reason of sub17 sections (d) and (i)(1) thereof’’ and inserting 

18 ‘‘24(d)’’, and 

19 (B) by striking ‘‘6428B, and 7527A’’ and 

20 inserting ‘‘and 6428B’’. 

21 (6) Paragraph (2) of section 1324(b) of title 

22 31, United States Code, is amended by striking 

23 ‘‘6431, or 7527A’’ and inserting ‘‘or 6431’’. 


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1 (e) EFFECTIVE DATE.—The amendments made by 

2 this section shall apply to taxable years beginning after 

3 December 31, 2021. 

4 SEC. 3. TREATMENT OF UNBORN CHILDREN. 

5 (a) IN GENERAL.—Section 24 of the Internal Rev6 enue Code of 1986, as amended by section 2, is amended 

7 by adding at the end the following new subsection: 

8 ‘‘(i) CREDIT ALLOWED WITH RESPECT TO UNBORN

9 CHILDREN.—For purposes of this section— 

10 ‘‘(1) IN GENERAL.—The term ‘qualifying child’ 

11 includes an unborn child of an eligible taxpayer, and 

12 the requirements of subsection (c)(1)(C) shall be 

13 treated as met with respect to such child, for the 

14 taxable year immediately preceding the year in 

15 which such child is born alive, if the taxpayer in16 cludes on the return of tax for such taxable year a 

17 social security number for such child which is issued 

18 before the due date for such return of tax (without 

19 regard to extensions). 

20 ‘‘(2) RETROACTIVE OR DOUBLE CREDIT AL21 LOWED IN CERTAIN CASES TO ENSURE EQUAL AC22 CESS TO THE CREDIT FOR UNBORN CHILDREN.— 

23 ‘‘(A) IN GENERAL.—In the case of a quali24 fying child of an eligible taxpayer who is born 

25 alive and with respect to whom the credit under 


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1 this section is not claimed under paragraph (1) 

2 for the taxable year described in such para3 graph, for the taxable year in which the child 

4 is born alive, with respect to such child— 

5 ‘‘(i) the amount of the credit allowed 

6 (before the application of this subsection) 

7 under subsection (a), and 

8 ‘‘(ii) the amount of the credit allowed 

9 (before the application of this subsection) 

10 under subsection (d)(1), 

11 shall each be increased by the amount of the 

12 credit which would have been allowed under 

13 each such subsection respectively with respect 

14 to such child for the preceding taxable year if 

15 such child had been treated as a qualifying 

16 child of the taxpayer for such preceding year. 

17 ‘‘(B) SPECIAL RULE FOR SPLITTING OF

18 CREDIT.—In the case of a child otherwise de19 scribed in subparagraph (A) who, but for this 

20 subparagraph, would not be treated as a quali21 fying child of the eligible taxpayer for the tax22 able year in which such child is born alive— 

23 ‘‘(i) subparagraph (A) shall not apply 

24 with respect to such child, 


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1 ‘‘(ii) such child shall be treated as a 

2 qualifying child for purposes of this section 

3 for such taxable year of— 

4 ‘‘(I) the eligible taxpayer, and 

5 ‘‘(II) any other taxpayer with re6 spect to whom such child would, with7 out regard to this subparagraph, be 

8 treated as a qualifying child, and 

9 ‘‘(iii) in the case of the eligible tax10 payer, the amount of the credit allowed 

11 under subsection (a) and the amount of 

12 the credit allowed under subsection (d)(1) 

13 for such taxable year shall each be equal to 

14 the amount of the credit which would have 

15 been allowed under each such subsection 

16 respectively with respect to such child for 

17 the preceding taxable year if such child 

18 had been treated as a qualifying child of 

19 the eligible taxpayer for such preceding 

20 year. 

21 ‘‘(3) DEFINITIONS.—For purposes of this sub22 section— 

23 ‘‘(A) BORN ALIVE.—The term ‘born alive’ 

24 has the meaning given such term by section 

25 8(b) of title 1, United States Code. 


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1 ‘‘(B) ELIGIBLE TAXPAYER.—The term ‘eli2 gible taxpayer’ means a taxpayer who— 

3 ‘‘(i) with respect to a child, is the 

4 mother who— 

5 ‘‘(I) carries or carried such child 

6 in the womb, and 

7 ‘‘(II) is the biological mother of 

8 such child or initiated the pregnancy 

9 with the intention of bearing and re10 taining custody of and parental rights 

11 to such child (or acted to such effect), 

12 or 

13 ‘‘(ii) in the case of a joint return, is 

14 the husband of such mother, 

15 but only if such taxpayer includes on the return 

16 of tax for the taxable year the social security 

17 number of such taxpayer (of at least 1 of such 

18 mother or husband, in the case of a joint re19 turn). 

20 ‘‘(C) SOCIAL SECURITY NUMBER.—The 

21 term ‘social security number’ has the meaning 

22 given such term by subsection (c)(3). 

23 ‘‘(D) UNBORN CHILD.—The term ‘unborn 

24 child’ means an individual of the species homo 

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1 velopment of that individual, including fertiliza2 tion, until the point of the earlier of being born 

3 alive or death.’’. 

4 (b) EFFECTIVE DATE.—The amendment made by 

5 this section shall apply to children born alive in taxable 

6 years beginning after December 31, 2021. 

7 SEC. 4. DENIAL OF DEDUCTION FOR STATE AND LOCAL 

8 TAXES OF INDIVIDUALS. 

9 (a) IN GENERAL.—Section 164(b)(6) of the Internal 

10 Revenue Code of 1986 is amended to read as follows: 

11 ‘‘(6) LIMITATION ON DEDUCTION OF CERTAIN

12 TAXES FOR INDIVIDUALS.— 

13 ‘‘(A) IN GENERAL.—In the case of an indi14 vidual, no deduction shall be allowed for 

15 taxes— 

16 ‘‘(i) described in paragraphs (1), (2), 

17 or (3) of subsection (a), or 

18 ‘‘(ii) described in paragraph (5) of 

19 this subsection. 

20 ‘‘(B) EXCEPTIONS.—Subparagraph (A) 

21 shall not apply to— 

22 ‘‘(i) any foreign taxes described in 

23 subsection (a)(3), or 

24 ‘‘(ii) any taxes described in paragraph 

25 (1) and (2) of subsection (a) which are 


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1 paid or accrued in carrying on a trade or 

2 business or an activity described in section 

3 212. 

4 ‘‘(C) SPECIAL RULE.—For purposes of 

5 subparagraph (A), an amount paid in a taxable 

6 year beginning before January 1, 2022, with re7 spect to a State or local income tax imposed for 

8 a taxable year beginning after December 31, 

9 2021, shall be treated as paid on the last day 

10 of the taxable year for which such tax is so im11 posed.’’. 

12 (b) EFFECTIVE DATE.—The amendments made by 

13 this section shall apply to taxable years beginning after 

14 December 31, 2021. 

15 SEC. 5. REFUNDABLE ADOPTION TAX CREDIT. 

16 (a) CREDIT MADE REFUNDABLE.— 

17 (1) CREDIT MOVED TO SUBPART RELATING TO

18 REFUNDABLE CREDITS.—The Internal Revenue 

19 Code of 1986 is amended— 

20 (A) by redesignating section 23 as section 

21 36C, and 

22 (B) by moving section 36C (as so redesig23 nated) from subpart A of part IV of subchapter 

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1 fore section 37 in subpart C of part IV of sub2 chapter A of chapter 1. 

3 (2) CONFORMING AMENDMENTS.— 

4 (A) Section 25(e)(1)(C) of such Code is 

5 amended by striking ‘‘sections 23 and 25D’’ 

6 and inserting ‘‘section 25D’’. 

7 (B) Section 36C of such Code, as so redes8 ignated, is amended— 

9 (i) in subsection (b)(2)(A), by striking 

10 ‘‘(determined without regard to subsection 

11 (c))’’, 

12 (ii) by striking subsection (c), and 

13 (iii) by redesignating subsections (d) 

14 through (i) as subsections (c) through (h), 

15 respectively. 

16 (C) Section 137 of such Code is amend17 ed— 

18 (i) in subsection (d), by striking ‘‘sec19 tion 23(d)’’ and inserting ‘‘section 

20 36C(c)’’, and 

21 (ii) in subsection (e), by striking ‘‘sub22 sections (e), (f), and (g) of section 23’’ and 

23 inserting ‘‘subsections (d), (e), and (f) of 

24 section 36C’’. 


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1 (D) Section 1016(a)(26) of such Code is 

2 amended by striking ‘‘23(g)’’ and inserting 

3 ‘‘36C(f)’’. 

4 (E) Section 6211(b)(4)(A) of such Code is 

5 amended by inserting ‘‘36C,’’ after ‘‘36B,’’. 

6 (F) The table of sections for subpart A of 

7 part IV of subchapter A of chapter 1 of such 

8 Code is amended by striking the item relating 

9 to section 23. 

10 (G) Paragraph (2) of section 1324(b) of 

11 title 31, United States Code, is amended by in12 serting ‘‘36C,’’ after ‘‘36B,’’. 

13 (H) Paragraph (33) of section 471(a) of 

14 the Social Security Act (42 U.S.C. 671(a)) is 

15 amended by striking ‘‘section 23’’ and inserting 

16 ‘‘section 36C’’. 

17 (I) The table of sections for subpart C of 

18 part IV of subchapter A of chapter 1 of the In19 ternal Revenue Code of 1986 is amended by in20 serting after the item relating to section 36B 

21 the following new item: 

‘‘Sec. 36C. Adoption expenses.’’. 

22 (b) THIRD-PARTY AFFIDAVITS.—Section 36C(h) of 

23 the Internal Revenue Code of 1986, as redesignated and 

24 moved by subsection (a), is amended— 


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1 (1) by striking ‘‘such regulations’’ and inserting 

2 ‘‘such regulations and guidance’’, 

3 (2) by striking ‘‘including regulations which 

4 treat’’ and inserting ‘‘including regulations and 

5 guidance which— 

6 ‘‘(1) treat’’, 

7 (3) by striking the period at the end and insert8 ing ‘‘, and’’, and 

9 (4) by adding at the end the following: 

10 ‘‘(2) provide for a standardized third-party affi11 davit for purposes of verifying a legal adoption— 

12 ‘‘(A) of a type with respect to which quali13 fied adoption expenses may be paid or incurred, 

14 or 

15 ‘‘(B) involving a child with special needs 

16 for purposes of subsection (a)(3).’’. 

17 (c) EFFECTIVE DATE.—The amendments made by 

18 this section shall apply to taxable years beginning after 

19 December 31, 2021. 

20 (d) TRANSITIONAL RULE TO TREAT CARRYFORWARD

21 AS REFUNDABLE CREDIT.—In the case of any excess de22 scribed in section 23(c) of the Internal Revenue Code of 

23 1986 with respect to any taxpayer for the taxable year 

24 which precedes the first taxable year to which the amend25 ments made by this section apply, such excess shall be 


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1 added to the credit allowable under section 36C(a) of such 

2 Code with respect to such taxpayer for such first taxable 

3 year. 

4 SEC. 6. PARENTAL LEAVE BENEFITS. 

5 (a) IN GENERAL.—Title II of the Social Security Act 

6 is amended by inserting after section 218 the following: 

7 ‘‘SEC. 219. PARENTAL LEAVE BENEFITS. 

8 ‘‘(a) IN GENERAL.—Every individual— 

9 ‘‘(1) who has— 

10 ‘‘(A) not less than 8 quarters of coverage, 

11 4 of which are credited to calendar quarters 

12 during the calendar year preceding the calendar 

13 year in which the 1st month of the benefit pe14 riod described in subsection (c) occurs; or 

15 ‘‘(B) not less than 12 quarters of coverage; 

16 and 

17 ‘‘(2) who has filed an application for a parental 

18 leave benefit with respect to a qualified child of the 

19 individual, 

20 shall be entitled to a parental leave benefit with respect 

21 to such qualified child. 

22 ‘‘(b) BENEFIT AMOUNT.—Such individual’s parental 

23 leave benefit shall be an amount equal to the product of— 


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1 ‘‘(1) the number of benefit months (not to ex2 ceed 3) selected by the individual in the individual’s 

3 application for a parental leave benefit, multiplied by 

4 ‘‘(2) an amount equal to the primary insurance 

5 amount for the individual that would be determined 

6 under section 215 if— 

7 ‘‘(A) the individual had attained age 62 in 

8 the first month of the individual’s benefit pe9 riod; and 

10 ‘‘(B) the individual had become entitled to 

11 an old-age insurance benefit under section 202 

12 beginning with such month. 

13 For the purposes of the preceding sentence, the elapsed 

14 years referred to in section 215(b)(2)(B)(iii) shall not in15 clude the year in which the individual’s benefit period be16 gins, or any year thereafter. 

17 ‘‘(c) PAYMENT OF BENEFIT.— 

18 ‘‘(1) SELECTION OF NUMBER OF BENEFIT

19 MONTHS.—In filing an application for a parental 

20 leave benefit under this section, an individual shall 

21 select the number of months (not to exceed 3) for 

22 which the individual will receive a monthly payment 

23 under such parental leave benefit (in this section re24 ferred to as ‘benefit months’). 


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1 ‘‘(2) ELECTION OF BENEFIT MONTHS.—Not 

2 later than 14 days before the start of any month in 

3 the benefit period of an individual entitled to a pa4 rental leave benefit, the individual may elect to treat 

5 such month as a benefit month. The number of 

6 months in such benefit period treated as benefit 

7 months shall equal the number selected in the indi8 vidual’s benefit application, and the Commissioner 

9 may designate any month as a benefit month in any 

10 case in which an individual does not elect to treat 

11 a sufficient number of months as benefit months be12 fore the end of the benefit period. 

13 ‘‘(3) AMOUNT OF MONTHLY PAYMENT.—The 

14 amount of a monthly payment made in any benefit 

15 month within a benefit period to an individual enti16 tled to a parental leave benefit shall be an amount 

17 equal to— 

18 ‘‘(A) the amount of the parental leave ben19 efit determined for the individual under sub20 section (b); divided by 

21 ‘‘(B) the number of benefit months se22 lected by the individual pursuant to paragraph 

23 (1) with respect to such benefit. 

24 ‘‘(4) DEFINITION OF BENEFIT PERIOD.—For 

25 purposes of this section, the term ‘benefit period’ 


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1 means, with respect to an individual entitled to a pa2 rental leave benefit with respect to a qualified child, 

3 the 1-year period beginning with the month after the 

4 month in which the birth or adoption of the qualified 

5 child occurs. 

6 ‘‘(d) BENEFIT APPLICATION.— 

7 ‘‘(1) IN GENERAL.—The Commissioner shall 

8 ensure that the application for a parental leave ben9 efit— 

10 ‘‘(A) includes a notice, clearly written in 

11 language that is easily understandable to the 

12 reader, explaining that— 

13 ‘‘(i) failure to submit such proof or 

14 documentation as the Commissioner may 

15 require to demonstrate that the applicant 

16 is the parent of the qualified child shall be 

17 subject to criminal and civil penalties; 

18 ‘‘(ii) the full cost to the Trust Funds 

19 of any amount received by an individual as 

20 a parental leave benefit must be repaid 

21 through reductions to old-age insurance 

22 benefits payable to the individual in subse23 quent months, or by other means; 

24 ‘‘(iii) entitlement to a parental leave 

25 benefit has no effect on the determination 


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1 of an individual’s entitlement to leave 

2 under the Family and Medical Leave Act 

3 of 1993; and 

4 ‘‘(B) requires an attestation by the indi5 vidual submitting the application that— 

6 ‘‘(i) the individual expects to be the 

7 parent of a qualified child throughout the 

8 benefit period with respect to such applica9 tion; 

10 ‘‘(ii) the individual intends to use the 

11 benefit to finance spending more time with 

12 the qualified child at home and away from 

13 employment during the benefit period; and 

14 ‘‘(iii) the individual consents to the 

15 terms and conditions specified in the notice 

16 described in subparagraph (A). 

17 ‘‘(2) OPTION TO FILE SIMULTANEOUS APPLICA18 TIONS.—The Commissioner of Social Security may 

19 establish an option under which an individual may 

20 file an application for a parental leave benefit under 

21 this section with respect to a qualified child at the 

22 same time the individual submits an application for 

23 a social security account number for such qualified 

24 child. 


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1 ‘‘(3) ONLINE AVAILABILITY.—The Commis2 sioner of Social Security shall, as soon as practicable 

3 after the date of enactment of this section, permit 

4 an individual to apply for a parental leave benefit 

5 through an internet website or other electronic 

6 media. 

7 ‘‘(e) FRAUD PREVENTION.— 

8 ‘‘(1) IN GENERAL.—The Commissioner of So9 cial Security shall establish procedures to ensure the 

10 prevention of fraud with respect to applications for 

11 parental leave benefits under this section, including 

12 procedures for the submission of such proof or docu13 mentation as the Commissioner may require to 

14 verify the information contained in such an applica15 tion. 

16 ‘‘(2) ENFORCEMENT.—In any case in which an 

17 individual willfully, knowingly, and with intent to de18 ceive the Commissioner of Social Security fails to 

19 comply with the procedures established under para20 graph (1), the Commissioner may impose on such in21 dividual, in addition to any other penalties that may 

22 be prescribed by law— 

23 ‘‘(A) a civil monetary penalty of not more 

24 than $7,500 for each such failure; and 


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1 ‘‘(B) an assessment, in lieu of any dam2 ages sustained by the United States because of 

3 such failure, of not more than twice the amount 

4 of the cost to the Federal Old-Age and Sur5 vivors Insurance Trust Fund of any parental 

6 leave benefit paid to the individual. 

7 ‘‘(f) BENEFIT REPAYMENT.— 

8 ‘‘(1) IN GENERAL.—An individual who is paid 

9 a parental leave benefit under this section shall 

10 repay the full cost of such benefit to the Federal 

11 Old-Age and Survivors Insurance Trust Fund (as 

12 such amount is determined by the Commissioner) in 

13 accordance with this subsection. 

14 ‘‘(2) OLD-AGE INSURANCE BENEFIT OFFSET.— 

15 ‘‘(A) IN GENERAL.—Except as provided in 

16 paragraph (3), in the case of any individual de17 scribed in paragraph (1) who becomes entitled 

18 to an old-age insurance benefit, deductions shall 

19 be made from each monthly payment of such 

20 benefit (not to exceed the first 60 such monthly 

21 payments) in such amounts, subject to subpara22 graph (B), as the Commissioner of Social Secu23 rity shall determine necessary to fully recover 

24 the cost to the Federal Old-Age and Survivors 

25 Insurance Trust Fund of any parental leave 


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1 benefit paid to the individual as of the month 

2 in which the individual becomes entitled to an 

3 old-age insurance benefit. 

4 ‘‘(B) NOTIFICATION.—Not later than the 

5 beginning of each calendar year, the Commis6 sioner of Social Security shall notify each indi7 vidual whose old-age insurance benefits are sub8 ject to a deduction under subparagraph (A) 

9 during such calendar year of the amount of the 

10 deduction that will be applied to each monthly 

11 payment of such benefits during the calendar 

12 year. 

13 ‘‘(3) ALTERNATIVE INCREASE OF RETIREMENT

14 AGE.— 

15 ‘‘(A) IN GENERAL.—In the case of any in16 dividual described in paragraph (1) who be17 comes entitled to an old-age insurance benefit, 

18 such individual may elect, at the time of appli19 cation for such benefit, to be subject to a retire20 ment age increase in accordance with this para21 graph. Such election shall be irrevocable, and 

22 an individual who makes such an election shall 

23 not be subject to a deduction under paragraph 

24 (2) for any month. 


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1 ‘‘(B) RETIREMENT AGE INCREASE.—Not2 withstanding section 216(l)(1), with respect to 

3 an individual who makes an election under sub4 paragraph (A), the retirement age of such indi5 vidual shall be deemed to be— 

6 ‘‘(i) the retirement age determined 

7 with respect to the individual under such 

8 section; plus 

9 ‘‘(ii) the additional number of months 

10 the Commissioner of Social Security shall 

11 determine necessary to result in the full re12 covery of the cost to the Federal Old-Age 

13 and Survivors Insurance Trust Fund of 

14 any parental leave benefit paid to the indi15 vidual as of the month in which the indi16 vidual becomes entitled to an old-age in17 surance benefit. 

18 ‘‘(C) INCREASE TO EARLIEST ENTITLE19 MENT AGE.—In the case of an individual who 

20 makes an election under subparagraph (A), not21 withstanding subsection (a) of section 202, no 

22 old-age insurance benefit shall be paid to such 

23 individual for any month before the first month 

24 throughout which the individual has attained 

25 age 62 plus the additional number of months 


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1 determined for the individual under subpara2 graph (B)(ii). 

3 ‘‘(4) OTHER RECOVERY METHODS.—In any 

4 case in which the Commissioner of Social Security 

5 determines that the cost to the Federal Old-Age and 

6 Survivors Insurance Trust Fund of a parental leave 

7 benefit paid to an individual cannot be fully recov8 ered pursuant to paragraph (2) or (3)— 

9 ‘‘(A) such benefit shall be deemed, upon 

10 the making of such determination, to be a pay11 ment of more than the correct amount for pur12 poses of section 204; and 

13 ‘‘(B) the Commissioner may recover such 

14 amounts by means of any method available to 

15 the Commissioner under such section. 

16 ‘‘(5) PROJECTION OF REPAYMENT AMOUNT.— 

17 As soon as practicable after the date of enactment 

18 of this section, the Commissioner shall establish a 

19 system to make available through an internet 

20 website or other electronic media to each individual 

21 who is paid a parental leave benefit under this sec22 tion, beginning with the first month beginning after 

23 the individual’s benefit period the projected amount 

24 of the deduction to be made from each of the first 

25 60 monthly payments of old-age insurance benefits 


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1 under paragraph (2), or if the individual so elects, 

2 the additional number of months by which the indi3 vidual’s retirement age would be increased under 

4 paragraph (3), in order to fully repay the cost to the 

5 Federal Old-Age and Survivors Insurance Trust 

6 Fund of any parental leave benefit paid to the indi7 vidual, and a description of the assumptions used by 

8 the Commissioner in making such projection. 

9 ‘‘(g) RELATIONSHIP WITH STATE LAW; EMPLOYER

10 BENEFITS.— 

11 ‘‘(1) IN GENERAL.—This section does not pre12 empt or supersede any provision of State or local 

13 law that authorizes a State or political subdivision to 

14 provide paid parental or family medical leave bene15 fits similar to the benefits provided under this sec16 tion. 

17 ‘‘(2) GREATER BENEFITS ALLOWED.—Nothing 

18 in this Act shall be construed to diminish the obliga19 tion of an employer to comply with any contract, col20 lective bargaining agreement, or employment benefit 

21 program or plan that provides greater benefits for 

22 leave or other leave rights to individuals than the 

23 benefits for leave or leave rights established under 

24 this Act. 


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1 ‘‘(h) SUNSET.—No application for parental leave ben2 efits under this section may be filed in any calendar year 

3 if the OASDI trust fund ratio (as defined in section 

4 215(i)) for such calendar year or for the year following 

5 such calendar year is projected, based on the intermediate 

6 projections in the most recent (as of January 1 of such 

7 calendar year) annual report issued under section 

8 201(c)(2), to be less than 20 percent. 

9 ‘‘(i) DEFINITIONS.—For purposes of this section— 

10 ‘‘(1) the term ‘qualified child’ means, with re11 spect to an individual for a benefit period, a biologi12 cal child or legally adopted child of the individual (as 

13 determined by the Commissioner of Social Security) 

14 who— 

15 ‘‘(A) will not attain 18 years of age before 

16 the end of such benefit period; and 

17 ‘‘(B) will be residing with, and under the 

18 care of, the individual during the benefit period 

19 as determined by the Commissioner.’’. 

20 (b) CONFORMING AMENDMENTS.— 

21 (1) NONPAYMENT PROVISIONS.—Section 202 of 

22 the Social Security Act (42 U.S.C. 402) is amend23 ed— 

24 (A) in subsection (n)(1)(A), by striking 

25 ‘‘under this section or section 223’’ and insertVerDate Sep 11 2014 23:23 Sep 20, 2022 Jkt 029200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\S4868.IS S4868

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1 ing ‘‘under this section, section 219, or section 

2 223’’; 

3 (B) in subsection (t), in paragraphs (1) 

4 and (10), by striking ‘‘under this section or 

5 under section 223’’ each place it appears and 

6 inserting ‘‘under this section, under section 

7 219, or under section 223’’; 

8 (C) in subsection (u)(1), by striking 

9 ‘‘under this section or section 223’’ and insert10 ing ‘‘under this section, section 219, or section 

11 223’’; and 

12 (D) in subsection (x)— 

13 (i) in paragraph (1)(A), by striking 

14 ‘‘under this section or under section 223’’ 

15 and inserting ‘‘under this section, under 

16 section 219, or under section 223’’; and 

17 (ii) in paragraph (2), by striking 

18 ‘‘under this section or section 223’’ and in19 serting ‘‘under this section, section 219, or 

20 section 223’’. 

21 (2) DELAYED RETIREMENT CREDITS.—Section 

22 202(w) of the Social Security Act (42 U.S.C. 

23 402(w)) is amended by inserting after ‘‘age 70’’ 

24 each place it appears the following: ‘‘(or, in the case 

25 of an individual whose retirement age is increased 


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1 under section 219(f)(3), age 70 plus the number of 

2 months by which the individual’s retirement age is 

3 so increased)’’. 

4 (3) VOLUNTARY SUSPENSION OF BENEFITS.— 

5 Section 202(z)(1)(A)(ii) of the Social Security Act 

6 (42 U.S.C. 402(z)(1)(A)(ii)) is amended by striking 

7 ‘‘the age of 70’’ and inserting ‘‘age 70 (or, in the 

8 case of an individual whose retirement age is in9 creased under section 219(f)(3), age 70 plus the 

10 number of months by which the individual’s retire11 ment age is so increased)’’. 

12 (4) NUMBER OF BENEFIT COMPUTATION

13 YEARS.—Section 215(b)(2)(A) of such Act (42 

14 U.S.C. 415(b)(2)(A)) is amended— 

15 (A) in clause (i), by striking ‘‘, and’’ and 

16 inserting a semicolon; 

17 (B) in clause (ii), by striking the period 

18 and inserting ‘‘; and’’; and 

19 (C) by inserting after clause (ii) the fol20 lowing: 

21 ‘‘(iii) in the case of an individual who is entitled 

22 to a parental leave benefit under section 219, by the 

23 number of years equal to one-fifth of such individ24 ual’s elapsed years (disregarding any resulting fracVerDate Sep 11 2014 23:23 Sep 20, 2022 Jkt 029200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\S4868.IS S4868

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1 tional part of a year), but not by more than 5 

2 years.’’. 

3 (c) EFFECTIVE DATE.—The amendments made by 

4 this section shall apply with respect to applications for pa5 rental leave benefits filed after 2023. 

6 SEC. 7. COOPERATION WITH CHILD SUPPORT AGENCIES AS 

7 ELIGIBILITY FACTOR UNDER SUPPLEMENTAL 

8 NUTRITION ASSISTANCE PROGRAM. 

9 Section 6 of the Food and Nutrition Act of 2008 (7 

10 U.S.C. 2015) is amended— 

11 (1) in subsection (l)— 

12 (A) in paragraph (1), in the matter pre13 ceding subparagraph (A), by striking ‘‘At the 

14 option of a State agency, subject to’’ and in15 serting ‘‘Subject to’’; and 

16 (B) in paragraph (2), in the second sen17 tence, by inserting ‘‘custodial parent and the’’ 

18 before ‘‘child’’; and 

19 (2) in subsection (m)(1), in the matter pre20 ceding subparagraph (A), by striking ‘‘At the option 

21 of a State agency, subject to’’ and inserting ‘‘Sub22 ject to’’. 


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1 SEC. 8. WORKFORCE DEVELOPMENT PROGRAMS FOR NON2 CUSTODIAL PARENTS. 

3 (a) GRANTS TO STATES FOR WORKFORCE DEVELOP4 MENT PROGRAMS FOR NON-CUSTODIAL PARENTS.—Be5 ginning with fiscal year 2023, the Secretary shall use the 

6 funds made available under subsection (f) to make grants 

7 to States to conduct workforce development programs that 

8 provide evidence-based work activities, which may include 

9 workforce education and support, technical certification 

10 programs, subsidized employment, and on-the-job training 

11 and education, to eligible non-custodial parents. 

12 (b) APPLICATION REQUIREMENTS.—The Secretary 

13 shall require each State that applies for a grant under this 

14 section to include in the application for the grant the fol15 lowing: 

16 (1) A description of the nature and structure of 

17 the evidence-based work activities proposed to be 

18 provided through a program funded in whole or in 

19 part with grant funds, including data and evalua20 tions supporting the effectiveness of such activities 

21 in increasing the employment of eligible non-custo22 dial parents. 

23 (2) Descriptions of how employers will be re24 cruited to participate in such program and how the 

25 State will solicit input from employers in the design 

26 and implementation of such program. 


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1 (3) A description of how the State will promote 

2 long-term employment through participation in such 

3 program. 

4 (4) A description of how the State will prioritize 

5 providing evidence-based work activities for low-in6 come, eligible non-custodial parents. 

7 (5) Such other information as may the Sec8 retary may require. 

9 (c) OTHER REQUIREMENTS.—A State receiving 

10 funds under this section shall prioritize providing evi11 dence-based work activities through a program funded in 

12 whole or in part with such funds for eligible non-custodial 

13 parents who are eligible for benefits under the supple14 mental nutrition assistance program, as defined in section 

15 3(t) of the Food and Nutrition Act of 2008 (7 U.S.C. 

16 2012(t)), and, at the option of the State, may limit partici17 pation in such program to such eligible non-custodial par18 ents. 

19 (d) REPORTS.—Not later than 12 months after the 

20 end of the last fiscal year in which a State expends funds 

21 from a grant made under this section, the State shall sub22 mit to the Secretary a report that includes the following 

23 information: 


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1 (1) The number of eligible non-custodial par2 ents who participated in a workforce development 

3 program funded in whole or in part with such funds. 

4 (2) The median monthly earnings of an eligible 

5 non-custodial parent participant while participating 

6 in any such workforce development program and 6 

7 months after exiting from the program. 

8 (3) The percentage of eligible non-custodial par9 ent participants who are employed full-time 6 

10 months after exiting from any such workforce devel11 opment program. 

12 (4) Such other reporting requirements as the 

13 Secretary determines would be beneficial to evalu14 ating the impact of workforce development programs 

15 funded in whole or in part with grant funds provided 

16 under this section. 

17 (e) NONSUPPLANTATION.—Funds provided under 

18 this section to a State shall be used to supplement and 

19 not supplant any other Federal or State funds which are 

20 available for the same general purposes in the State. 

21 (f) FUNDING.— 

22 (1) IN GENERAL.—Notwithstanding section 

23 403(b) of the Social Security Act (42 U.S.C. 

24 603(b)), from the amount available in the Contin25 gency Fund for State Welfare Programs established 


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1 under such section that is unobligated as of the date 

2 of enactment of this Act, $100,000,000 of such 

3 amount is hereby transferred and made available to 

4 the Secretary to carry out this section for any fiscal 

5 year occurring on or after the date of enactment of 

6 this Act. 

7 (2) AVAILABILITY OF FUNDS.—Funds provided 

8 to a State under this section in a fiscal year shall 

9 remain available for expenditure by the State 

10 through the end of the second succeeding fiscal year. 

11 (g) DEFINITIONS.—In this section: 

12 (1) ELIGIBLE NON-CUSTODIAL PARENT.— 

13 (A) IN GENERAL.—Subject to subpara14 graph (B), the term ‘‘eligible non-custodial par15 ent’’ means an individual who— 

16 (i) is obligated to pay child support 

17 under a support order; 

18 (ii) has unpaid, past-due child support 

19 obligations; and 

20 (iii) has been unemployed or under21 employed for any period of time during the 

22 6-month period prior to the individual’s 

23 participation in a program funded in whole 

24 or in part with funds provided to a State 

25 under this section. 


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1 (B) OTHER ELIGIBILITY REQUIRE2 MENTS.—An individual shall not be considered 

3 to be an eligible non-custodial parent if the in4 dividual is not a citizen of the United States or 

5 would not be eligible for the program as a re6 sult of the application of title IV of the Per7 sonal Responsibility and Work Opportunity 

8 Reconciliation Act of 1996 (8 U.S.C. 1611 et 

9 seq.). 

10 (2) SECRETARY.—The term ‘‘Secretary’’ means 

11 the Secretary of Health and Human Services. 

12 (3) STATE.—The term ‘‘State’’ means the 50 

13 States of the United States, the District of Colum14 bia, the Commonwealth of Puerto Rico, the United 

15 States Virgin Islands, Guam, American Samoa, and 

16 the Commonwealth of the Northern Mariana Is17 lands. 

18 SEC. 9. REQUIRING BIOLOGICAL FATHERS TO PAY CHILD 

19 SUPPORT FOR MEDICAL EXPENSES IN20 CURRED DURING PREGNANCY AND DELIV21 ERY. 

22 (a) IN GENERAL.—Section 454 of the Social Security 

23 Act (42 U.S.C. 654) is amended— 

24 (1) in paragraph (33), by striking ‘‘and’’ after 

25 the semicolon; 


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1 (2) in paragraph (34), by striking the period 

2 and inserting ‘‘; and’’; and 

3 (3) by inserting after paragraph (34), the fol4 lowing: 

5 ‘‘(35) provide that the State shall establish and 

6 enforce a child support obligation of the biological 

7 father of a child to pay for not less than 50 percent 

8 of the reasonable out-of-pocket medical expenses (in9 cluding health insurance premiums or similar 

10 charge, deductions, cost sharing or similar charges, 

11 and any other related out-of-pocket expenses) the 

12 mother of the child is responsible for that are in13 curred during, and associated with, the pregnancy 

14 and delivery of the child, provided that the mother 

15 requests the payment of such support.’’. 

16 (b) EFFECTIVE DATE.— 

17 (1) IN GENERAL.—Subject to paragraph (2), 

18 the amendments made by subsection (a) shall take 

19 effect on January 1 of the first calendar year that 

20 begins after the date of enactment of this Act. 

21 (2) DELAY IF STATE LEGISLATION RE22 QUIRED.—In the case of a State plan under part D 

23 of title IV of the Social Security Act which the Sec24 retary of Health and Human Services determines re25 quires State legislation (other than legislation approVerDate Sep 11 2014 23:23 Sep 20, 2022 Jkt 029200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6201 E:\BILLS\S4868.IS S4868

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•S 4868 IS

1 priating funds) in order for the plan to meet the ad2 ditional requirement imposed by the amendments 

3 made by this Act, the State plan shall not be re4 garded as failing to comply with the requirements of 

5 such part solely on the basis of the failure of the 

6 plan to meet such additional requirement before the 

7 first day of the first calendar quarter beginning 

8 after the close of the first regular session of the 

9 State legislature that begins after the date of enact10 ment of this Act. For purposes of the previous sen11 tence, in the case of a State that has a 2-year legis12 lative session, each year of the session shall be 

13 deemed to be a separate regular session of the State 

14 legislature. 

15 SEC. 10. PREGNANT STUDENTS’ RIGHTS, ACCOMMODA16 TIONS, AND RESOURCES. 

17 (a) FINDINGS.—Congress finds the following: 

18 (1) Female students who are enrolled at institu19 tions of higher education and experiencing un20 planned pregnancies may face pressure that their 

21 only option is to receive an abortion or risk academic 

22 failure. 

23 (2) 27.6 percent of all abortions in the United 

24 States are performed on women of college age, be25 tween the ages of 20 and 24, according to a 2019 


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1 report by the Centers for Disease Control and Pre2 vention. 

3 (3) A significant proportion of abortions in the 

4 United States are performed on women of college 

5 age who may be unaware of their rights under title 

6 IX of the Education Amendments of 1972 (20 

7 U.S.C. 1681 et seq.) or deprived of an alternative to 

8 receiving an abortion. 

9 (4) Additionally, women on college campuses 

10 may fear institutional reprisal, loss of athletic schol11 arship, and possible negative impact on academic op12 portunities. 

13 (5) An academic disparity exists because of the 

14 lack of resources, support, and notifications available 

15 for female college students who do not wish to re16 ceive an abortion or who carry their unborn babies 

17 to term. 

18 (b) NOTICE OF PREGNANT STUDENT RIGHTS, AC19 COMMODATIONS, AND RESOURCES.—Section 485 of the 

20 Higher Education Act of 1965 (20 U.S.C. 1092) is 

21 amended by adding at the end the following: 

22 ‘‘(n) PREGNANT STUDENTS’ RIGHTS, ACCOMMODA23 TIONS, AND RESOURCES.— 

24 ‘‘(1) INFORMATION DISSEMINATION ACTIVITIES; 

25 ESTABLISHMENT OF PROTOCOL.— 


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1 ‘‘(A) IN GENERAL.—Each public institu2 tion of higher education participating in any 

3 program under this title shall— 

4 ‘‘(i) in a manner consistent with title 

5 IX of the Education Amendments of 1972 

6 (20 U.S.C. 1681 et seq.), carry out the in7 formation dissemination activities de8 scribed in subparagraph (B) for admitted 

9 but not enrolled and enrolled students (in10 cluding those attending or planning to at11 tend less than full time) on the rights and 

12 resources (including protections and ac13 commodations) for pregnant students (or 

14 students who may become pregnant) while 

15 enrolled at such institution of higher edu16 cation that— 

17 ‘‘(I) exclude abortion services; 

18 ‘‘(II) may help such a student 

19 carry their unborn babies to term; and 

20 ‘‘(III) include information on how 

21 to file a complaint with the Depart22 ment if such a student believes there 

23 was a violation of title IX of the Edu24 cation Amendments of 1972 (20 

25 U.S.C. 1681 et seq.) by the institution 


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1 on account of such student’s preg2 nancy; and 

3 ‘‘(ii) establish a protocol to meet with 

4 a student described in clause (i)(III), 

5 which shall include a meeting with relevant 

6 leadership at the institution of higher edu7 cation, and other relevant parties. 

8 ‘‘(B) DESCRIPTION OF INFORMATION DIS9 SEMINATION REQUIREMENTS.—The information 

10 dissemination activities described in this sub11 paragraph shall include— 

12 ‘‘(i) annual campus-wide emails; or 

13 ‘‘(ii) the provision of information in 

14 student handbooks, at each orientation for 

15 enrolled students, or on the publicly avail16 able website of the institution of higher 

17 education. 

18 ‘‘(2) ANNUAL REPORT TO CONGRESS.— 

19 ‘‘(A) IN GENERAL.—Each public institu20 tion of higher education participating in any 

21 program under this title shall— 

22 ‘‘(i) on an annual basis, compile and 

23 submit to the Secretary— 

24 ‘‘(I) responses to the questions 

25 described in subparagraph (B) from 


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1 students enrolled at such institution 

2 of higher education who voluntarily 

3 provided such responses; and 

4 ‘‘(II) a description of any actions 

5 taken by the institution of higher edu6 cation to address each complaint by a 

7 student that there was a violation of 

8 title IX of the Education Amendments 

9 of 1972 (20 U.S.C. 1681 et seq.) by 

10 the institution on account of such stu11 dent’s pregnancy, including any ac12 tions taken in accordance with the 

13 protocol established under paragraph 

14 (1)(A)(ii); and 

15 ‘‘(ii) ensure that any such responses 

16 remain confidential and do not reveal any 

17 personally identifiable information with re18 spect to a student. 

19 ‘‘(B) QUESTIONS FOR ENROLLED STU20 DENTS.—The questions described in this sub21 paragraph shall include— 

22 ‘‘(i) if such student experienced an 

23 unexpected pregnancy while enrolled at the 

24 institution of higher education; 


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1 ‘‘(ii) if such student felt there were 

2 adequate resources on campus relating to 

3 protections, accommodations, and other re4 sources for pregnant students besides abor5 tion-related services; 

6 ‘‘(iii) if such a student believes there 

7 was a violation of title IX of the Education 

8 Amendments of 1972 (20 U.S.C. 1681 et 

9 seq.) by the institution on account of such 

10 student’s pregnancy; and 

11 ‘‘(iv) if such student considered drop12 ping out or withdrawing from classes be13 cause of pregnancy, new motherhood, still14 birth, or miscarriage. 

15 ‘‘(C) REPORT.—The Secretary shall, on an 

16 annual basis— 

17 ‘‘(i) prepare a report that compiles 

18 the responses received under subparagraph 

19 (A) from each public institution of higher 

20 education participating in any program 

21 under this title; and 

22 ‘‘(ii) submit such report to the author23 izing committees, and the Committees on 

24 Appropriations of the House of Represent25 atives and the Senate.’’. 


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1 SEC. 11. GRANTS FOR COMMUNITY-BASED MATERNAL MEN2 TORING PROGRAMS. 

3 Title V of the Social Security Act (42 U.S.C. 701 

4 et seq.) is amended by adding at the end the following: 

5 ‘‘SEC. 514. GRANTS FOR COMMUNITY-BASED MATERNAL 

6 MENTORING PROGRAMS. 

7 ‘‘(a) IN GENERAL.—In addition to any other pay8 ments made under this title to a State, the Secretary shall 

9 make grants to eligible entities to conduct demonstration 

10 projects for, and enable such entities to deliver services 

11 under, community-based mentoring programs that satisfy 

12 the requirements of subsection (c) to eligible mothers in 

13 order to promote improvements in maternal and child well14 being, financial stewardship, child development, parenting, 

15 and access to social services and other community re16 sources. 

17 ‘‘(b) APPLICATION.—The Secretary may not award 

18 funds made available under this subsection on a non19 competitive basis, and may not provide any such funds to 

20 an entity for the purpose of carrying out a community21 based mentoring program unless the entity has submitted 

22 an application to the Secretary that includes— 

23 ‘‘(1) a description of how the programs or ac24 tivities proposed in the application will improve ma25 ternal mental and physical health outcomes in a 

26 service area identified by the entity, substantially inVerDate Sep 11 2014 23:23 Sep 20, 2022 Jkt 029200 PO 00000 Frm 00043 Fmt 6652 Sfmt 6201 E:\BILLS\S4868.IS S4868

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1 crease the number of eligible mothers in a service 

2 area with access to a community-based mentoring 

3 relationship, utilize community volunteer mentors, 

4 and supplement, including by avoiding duplication 

5 with, existing social services and community re6 sources; 

7 ‘‘(2) a description of how the program will part8 ner with other community institutions, including pri9 vate institutions, in identifying eligible mothers in 

10 need of a mentor and, as applicable, creating sup11 port communities among eligible mothers; 

12 ‘‘(3) a description of the populations to be 

13 served by the entity, including specific information 

14 on how the entity will serve eligible mothers who be15 long to high-risk populations as identified in sub16 section (d); 

17 ‘‘(4) a description of the maternal and child 

18 health indicators, financial well-being, and other 

19 needs of populations to be served by the entity as 

20 described in paragraph (3), including, to the extent 

21 practicable, the prevalence of mentoring opportuni22 ties for such populations; 

23 ‘‘(5) the quantifiable benchmarks that will be 

24 used to measure program success; 


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1 ‘‘(6) a commitment by the entity to consult 

2 with experts with a demonstrated history of men3 toring and case management success in achieving 

4 the outcomes described in subsection (c)(2)(A) in de5 veloping the programs and activities; 

6 ‘‘(7) a commitment by the entity to ensure 

7 mentors do not refer or counsel in favor of abor8 tions; and 

9 ‘‘(8) such other application information as the 

10 Secretary may deem necessary, with the goal of 

11 minimizing the application burden on small non12 governmental organizations that would otherwise 

13 qualify for the grant. 

14 ‘‘(c) REQUIREMENTS.— 

15 ‘‘(1) CORE COMPONENTS.—A community ma16 ternal mentoring program conducted with a grant 

17 made under this section shall include the following 

18 core components: 

19 ‘‘(A) Provision of community-based men20 toring relationships for eligible mothers, which 

21 may include dedicated individual mentors and 

22 networks of peer and community support 

23 groups. 

24 ‘‘(B) An individualized needs assessment 

25 for each eligible mother participating in the 


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1 program, to be administered at the outset of 

2 the program. 

3 ‘‘(C) Recruitment and utilization of com4 munity-based, volunteer mentors. 

5 ‘‘(D) Provision of training to participating 

6 mentors to equip them with mentoring best 

7 practices and knowledge of public and private 

8 resources available to eligible mothers (includ9 ing public social services). 

10 ‘‘(2) MEASURABLE IMPROVEMENTS IN BENCH11 MARK AREAS.— 

12 ‘‘(A) IN GENERAL.—The eligible entity 

13 shall establish, subject to the approval of the 

14 Secretary, quantifiable, measurable 3- and 5- 

15 year benchmarks demonstrating the program 

16 results in improvements for eligible mothers 

17 participating in the program in the following 

18 areas: 

19 ‘‘(i) The number of eligible mothers in 

20 the eligible entity’s service area with access 

21 to a community-based mentoring relation22 ship. 

23 ‘‘(ii) Improved maternal and child 

24 health, including mental and behavioral 

25 health. 


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1 ‘‘(iii) Improved financial literacy. 

2 ‘‘(iv) Improved family economic self3 sufficiency. 

4 ‘‘(v) Improved coordination and refer5 rals for other community resources and 

6 supports, including public and private re7 sources. 

8 ‘‘(B) DEMONSTRATION OF IMPROVE9 MENT.— 

10 ‘‘(i) REPORT TO THE SECRETARY.— 

11 Not later than 30 days after the end of the 

12 third year in which the eligible entity con13 ducts the program, the entity shall submit 

14 to the Secretary a report describing the 

15 program’s results in the areas specified in 

16 subparagraph (A). 

17 ‘‘(ii) IMPROVEMENT PLAN.—If the re18 port submitted to the Secretary fails to 

19 demonstrate improvements in at least 3 of 

20 the areas outlined in subparagraph (A), 

21 the eligible entity shall develop and imple22 ment a plan to improve outcomes in each 

23 of the areas specified in subparagraph (A), 

24 subject to approval by the Secretary. 


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1 ‘‘(iii) NO IMPROVEMENT OR FAILURE

2 TO SUBMIT REPORT.—If, 1 year after an 

3 eligible entity submits an improvement 

4 plan under clause (ii), the Secretary deter5 mines that the entity has failed to dem6 onstrate any improvement in the areas 

7 specified in subparagraph (A), or if the 

8 Secretary determines that an eligible entity 

9 has failed to submit the report required 

10 under clause (i), and has not agreed to a 

11 reasonable timeline to submit such report 

12 under such conditions as may be deter13 mined by the Secretary, the Secretary shall 

14 terminate the entity’s grant and may re15 allocate any unpaid grant funds toward fu16 ture grants provided under this section. 

17 ‘‘(3) IMPROVEMENTS IN PARTICIPANT OUT18 COMES.— 

19 ‘‘(A) IN GENERAL.—The program is de20 signed, with respect to an eligible mother par21 ticipating in the program, to result in the par22 ticipant outcomes described in subparagraph 

23 (B) that are relevant to the mother (as deter24 mined pursuant to an individualized needs as25 sessment administered to the mother). 


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1 ‘‘(B) PARTICIPANT OUTCOMES.—The par2 ticipant outcomes described in this subpara3 graph are the following: 

4 ‘‘(i) Improvements in prenatal and 

5 maternal health, including mental and be6 havioral health and improved pregnancy 

7 outcomes. 

8 ‘‘(ii) Improvements in child health 

9 and development, including the prevention 

10 of child injuries and maltreatment. 

11 ‘‘(iii) Higher levels of engagement be12 tween mothers, children, and their health 

13 providers. 

14 ‘‘(iv) Reductions in mothers’ stress 

15 and anxiety. 

16 ‘‘(v) Improvements in parenting skills. 

17 ‘‘(vi) Improvement in financial literacy 

18 skills. 

19 ‘‘(vii) Improvements in child’s school 

20 readiness and academic achievement. 

21 ‘‘(viii) Improvements in family eco22 nomic self-sufficiency. 

23 ‘‘(ix) Improvements in the coordina24 tion of referrals for, and the provision of, 

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1 vate and public resources, and supports for 

2 eligible families. 

3 ‘‘(d) PRIORITIZATION.—An eligible entity receiving a 

4 grant under this section shall identify and prioritize high5 risk populations in provision of services, including— 

6 ‘‘(1) low-income eligible mothers; 

7 ‘‘(2) eligible mothers who are pregnant women 

8 who have not attained the age of 21; 

9 ‘‘(3) eligible mothers from populations with a 

10 high risk of maternal morbidity; 

11 ‘‘(4) eligible mothers with a history of sub12 stance abuse or victims of domestic abuse; 

13 ‘‘(5) eligible mothers with children with develop14 mental disabilities; and 

15 ‘‘(6) eligible mothers residing in a qualified op16 portunity zone, as designated under section 1400Z– 

17 1 of the Internal Revenue Code of 1986. 

18 ‘‘(e) MAINTENANCE OF EFFORT.—Funds provided to 

19 an eligible entity under a grant awarded under subsection 

20 (a) shall supplement, and not supplant, funds from other 

21 sources for maternal mentorship or case management 

22 services. 

23 ‘‘(f) EVALUATION.— 

24 ‘‘(1) ONGOING RESEARCH AND EVALUATION.— 

25 The Secretary shall engage in ongoing research and 


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1 evaluation activities in order to increase knowledge 

2 about the implementation and effectiveness of com3 munity maternal mentoring programs. The Sec4 retary may carry out such activities directly, or 

5 through grants, cooperative agreements, or con6 tracts, and shall submit a report to Congress not 

7 less than annually on the research and evaluation 

8 steps being taken to measure the impact and effec9 tiveness of programs funded under this section, as 

10 well as any interim outcomes that may be available. 

11 ‘‘(2) REPORT REQUIREMENT.—Not later than 3 

12 years after the date of enactment of this section, the 

13 Secretary shall submit a report to Congress on the 

14 effectiveness of programs funded with grants under 

15 subsection (a) in producing the outcomes described 

16 in subsection (c)(3)(B), and shall include in such re17 port recommendations for improving program design 

18 and implementation. 

19 ‘‘(g) TECHNICAL ASSISTANCE.—The Secretary shall 

20 provide an eligible entity required to develop and imple21 ment an improvement plan under subsection (c)(2)(B) 

22 with technical assistance to develop and implement the 

23 plan. The Secretary may provide the technical assistance 

24 directly or through grants, contracts, or cooperative agree25 ments. 


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1 ‘‘(h) NO FUNDS TO PROHIBITED ENTITIES.—No 

2 prohibited entity shall be eligible to receive a grant under 

3 subsection (a), or any other funds made available by this 

4 section. 

5 ‘‘(i) PROTECTIONS FOR PARTICIPATING RELIGIOUS

6 ORGANIZATIONS.—A religious organization shall be eligi7 ble to apply for and receive funding for a program under 

8 this section on the same basis as a non-religious organiza9 tion, and a religious organization’s exemptions, in title VII 

10 of the Civil Rights Act of 1964 (including exemption from 

11 prohibitions in employment discrimination in section 

12 702(a) of that Act (42 U.S.C. 2000e–1(a))), title VIII of 

13 the Civil rights Act of 1968, title IX of the Educational 

14 Amendments of 1987, the Americans with Disabilities Act, 

15 the Religious Freedom Restoration Act, the Religious 

16 Land Use and Institutionalized Persons Act, or any other 

17 provision in law providing an exemption for a religious or18 ganization, shall not be waived by its participation in, or 

19 receipt of funds from, a grant provided by this section. 

20 ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.— 

21 ‘‘(1) IN GENERAL.—For purposes of carrying 

22 out this section, there are authorized to be appro23 priated $100,000,000 for each of fiscal years 2023 

24 through 2025. 


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1 ‘‘(2) RESERVATIONS.—Of the amounts appro2 priated under this subsection for a fiscal year, the 

3 Secretary shall reserve 3 percent for purposes of car4 rying out subsections (f) and (g). 

5 ‘‘(3) AVAILABILITY.—Funds made available to 

6 an eligible entity under this section shall remain 

7 available for expenditure by the eligible entity 

8 through the end of the third fiscal year following the 

9 fiscal year in which the funds are awarded to the en10 tity. 

11 ‘‘(k) DEFINITIONS.—In this section: 

12 ‘‘(1) COMMUNITY-BASED MENTORING RELA13 TIONSHIP.—The term ‘community-based mentoring 

14 relationship’ means a relationship with a dedicated 

15 mentor and, as applicable, group of mentors or peer 

16 support group, who meet regularly with an eligible 

17 mother and help that mother address barriers to 

18 care, mental, behavioral, and physical well-being, 

19 and economic mobility by providing support services 

20 and linkages to community resources. A community21 based mentoring relationship should, to the extent 

22 practicable, have an understanding of the barriers 

23 and lived experience of that community, which may 

24 include shared lived experience. 


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1 ‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible en2 tity’ means a local government, Indian Tribe (or a 

3 consortium of Indian Tribes), Tribal Organization, 

4 Urban Indian Organization, or nonprofit organiza5 tion, including religious organizations, with a dem6 onstrated history of serving eligible mothers. 

7 ‘‘(3) ELIGIBLE MOTHER.—The term ‘eligible 

8 mother’ means— 

9 ‘‘(A) a woman who is pregnant; or 

10 ‘‘(B) a woman who has primary caregiving 

11 responsibilities for a child under the age of 6. 

12 ‘‘(4) PROHIBITED ENTITY.—The term ‘prohib13 ited entity’ means an entity, including its affiliates, 

14 subsidiaries, successors, and clinics that, as of the 

15 date of enactment of this section, performs, induces, 

16 refers for, or counsels in favor of abortions, or pro17 vides financial support to any other organization 

18 that conducts such activities.’’. 

19 SEC. 12. EQUAL TREATMENT FOR RELIGIOUS ORGANIZA20 TIONS IN SOCIAL SERVICES. 

21 (a) PURPOSES.—The purposes of this section are the 

22 following: 

23 (1) To enable assistance to be provided to indi24 viduals and families in need in the most effective 

25 manner. 


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1 (2) To prohibit discrimination against religious 

2 organizations in receipt and administration of Fed3 eral financial assistance, including the provision of 

4 that assistance through federally funded social serv5 ice programs. 

6 (3) To ensure that religious organizations can 

7 apply and compete for Federal financial assistance 

8 on a level playing field with nonreligious organiza9 tions. 

10 (4) To provide certainty for religious organiza11 tions that receipt of Federal financial assistance will 

12 not obstruct or hinder their ability to organize and 

13 operate in accordance with their sincerely held reli14 gious beliefs. 

15 (5) To strengthen the social service capacity of 

16 the United States by facilitating the entry of new, 

17 and the expansion of existing, efforts by religious or18 ganizations in the administration and provision of 

19 Federal financial assistance. 

20 (6) To protect the religious freedom of, and 

21 better serve, individuals and families in need, includ22 ing by expanding their ability to choose to receive 

23 federally funded social services from religious organi24 zations. 


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1 (b) PROVISION OF SERVICES FOR GOVERNMENT

2 PROGRAMS BY RELIGIOUS ORGANIZATIONS.—Title XXIV 

3 of the Revised Statutes is amended by inserting after sec4 tion 1990 (42 U.S.C. 1994) the following: 

5 ‘‘SEC. 1990A. ENSURING EQUAL TREATMENT FOR RELI6 GIOUS ORGANIZATIONS IN FEDERAL PROVI7 SION OF SOCIAL SERVICES, GRANTMAKING, 

8 AND CONTRACTING. 

9 ‘‘(a) IN GENERAL.—For any social services program 

10 carried out by the Federal Government, or by a State, 

11 local government, or pass-through entity with Federal 

12 funds, the entity that awards Federal financial assistance 

13 shall consider religious organizations, on the same basis 

14 as any other private organization, to provide services for 

15 the program. 

16 ‘‘(b) EQUAL TREATMENT FOR RELIGIOUS ORGANIZA17 TIONS IN FEDERAL FINANCIAL ASSISTANCE.— 

18 ‘‘(1) IN GENERAL.—A religious organization 

19 shall be eligible to apply for and to receive Federal 

20 financial assistance to provide services for a social 

21 services program on the same basis as a private non22 religious organization. 

23 ‘‘(2) SELECTION.—In the selection of recipients 

24 for Federal financial assistance for a social services 

25 program neither the Federal Government nor a 


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1 State, local government, or pass-through entity re2 ceiving funds for such program may discriminate for 

3 or against a private organization on the basis of reli4 gion, including the organization’s religious character, 

5 affiliation, or exercise. 

6 ‘‘(3) PROHIBITION AGAINST IMPROPER BURDEN

7 ON RELIGIOUS ORGANIZATIONS.— 

8 ‘‘(A) IN GENERAL.—Except in the case of 

9 another applicable provision of law that requires 

10 or provides for a religious exemption or accom11 modation that is equally or more protective of 

12 a religious organization’s religious exercise, the 

13 provisions of subparagraphs (B) through (E) 

14 shall apply for any social services program ad15 ministered by the Federal Government or by a 

16 State, local government, or pass-through entity. 

17 ‘‘(B) EQUAL TREATMENT ON ASSURANCES

18 AND NOTICES.—No document, agreement, cov19 enant, memorandum of understanding, policy, 

20 or regulation, relating to Federal financial as21 sistance shall require religious organizations to 

22 provide assurances or notices that are not re23 quired of private nonreligious organizations. 

24 ‘‘(C) EQUAL APPLICATION OF RESTRIC25 TIONS.—Any restrictions on the use of funds 


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1 received as Federal financial assistance shall 

2 apply equally to religious and private nonreli3 gious organizations. 

4 ‘‘(D) PROGRAM REQUIREMENTS.—All or5 ganizations that receive Federal financial assist6 ance for a social services program, including re7 ligious organizations, shall carry out eligible ac8 tivities in accordance with all program require9 ments, and other applicable requirements gov10 erning the conduct of activities funded by the 

11 entity that awards Federal financial assistance. 

12 ‘‘(E) NO DISQUALIFICATION BASED ON RE13 LIGION.—No document, agreement, covenant, 

14 memorandum of understanding, policy, or regu15 lation, relating to Federal financial assistance 

16 shall— 

17 ‘‘(i) disqualify religious organizations 

18 from applying for or receiving Federal fi19 nancial assistance for a social services pro20 gram on the basis of the organization’s re21 ligious character or affiliation, or grounds 

22 that discriminate against the organization 

23 on the basis of the organization’s religious 

24 exercise; or 


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1 ‘‘(ii) prohibit the provision of religious 

2 activities or services at the same time or 

3 location as any program receiving such 

4 Federal financial assistance. 

5 ‘‘(c) RELIGIOUS CHARACTER AND FREEDOM.— 

6 ‘‘(1) FREEDOM.—A religious organization that 

7 applies for or receives Federal financial assistance 

8 for a social services program shall retain its inde9 pendence from Federal, State, and local govern10 ments, including its autonomy, right of expression, 

11 religious character or affiliation, authority over its 

12 internal governance, and other aspects of independ13 ence. 

14 ‘‘(2) RELIGIOUS CHARACTER.—A religious or15 ganization that applies for or receives Federal finan16 cial assistance for a social services program may, 

17 among other things— 

18 ‘‘(A) retain religious terms in the organiza19 tion’s name; 

20 ‘‘(B) continue to carry out the organiza21 tion’s mission, including the definition, develop22 ment, practice, and expression of its religious 

23 beliefs; 

24 ‘‘(C) use the organization’s facilities to 

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1 ing, or altering religious art, icons, scriptures, 

2 or other symbols from the facilities; 

3 ‘‘(D) select, promote, or dismiss the mem4 bers of the organization’s governing body and 

5 the organization’s employees on the basis of 

6 their acceptance of or adherence to the religious 

7 tenets of the organization; and 

8 ‘‘(E) include religious references in the or9 ganization’s mission statement and other char10 tering or governing documents. 

11 ‘‘(d) RIGHTS OF COVERED BENEFICIARIES OF SERV12 ICES.— 

13 ‘‘(1) IN GENERAL.—Except as otherwise pro14 vided in any applicable provision of law that requires 

15 or provides for a religious exemption or accommoda16 tion that is equally or more protective of a religious 

17 organization’s religious exercise, an organization 

18 that receives Federal financial assistance under a so19 cial services program shall not discriminate against 

20 a covered beneficiary in the provision of a federally 

21 funded program on the basis of religion, a religious 

22 belief, or a refusal to hold a religious belief. 

23 ‘‘(2) SPECIAL RULE.—It shall not be considered 

24 discrimination under paragraph (1) for a program 

25 funded by Federal financial assistance to refuse to 


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1 modify any components of the program to accommo2 date a covered beneficiary who participates in the or3 ganization’s program. 

4 ‘‘(3) ALTERNATIVE SERVICES.—If a covered 

5 beneficiary has an objection to the character or af6 filiation of the private organization from which the 

7 beneficiary receives, or would receive, services as 

8 part of the federally funded social services program, 

9 the appropriate Federal, State, or local govern10 mental entity shall provide to such beneficiary (if 

11 otherwise eligible for such services) within a reason12 able period of time after the date of such objection, 

13 a referral for alternative services that— 

14 ‘‘(A) are reasonably accessible to the cov15 ered beneficiary; and 

16 ‘‘(B) have a substantially similar value to 

17 the services that the covered beneficiary would 

18 initially have received from such organization. 

19 ‘‘(4) DEFINITION.—In this subsection, the term 

20 ‘covered beneficiary’ means an individual who ap21 plies for or receives services under a social services 

22 program. 

23 ‘‘(e) RELIGIOUS EXEMPTIONS.—A religious organiza24 tion’s exemptions, in title VII of the Civil Rights Act of 

25 1964 (42 U.S.C. 2000e et seq.) (including exemption from 


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1 prohibitions in employment discrimination in section 

2 702(a) of that Act (42 U.S.C. 2000e–1(a))), title VIII of 

3 the Civil Rights Act of 1968 (42 U.S.C. 3601 et seq.), 

4 title IX of the Education Amendments of 1972 (20 U.S.C. 

5 1681 et seq.), the Americans with Disabilities Act of 1990 

6 (42 U.S.C. 12101 et seq.), the Religious Freedom Res7 toration Act (42 U.S.C. 2000bb et seq.), the Religious 

8 Land Use and Institutionalized Persons Act of 2000 (42 

9 U.S.C. 2000cc et seq.), or any other provision in law pro10 viding an exemption for a religious organization, shall not 

11 be waived because of the religious organization’s participa12 tion in, or receipt of funds from, a social services program 

13 funded with Federal financial assistance. 

14 ‘‘(f) LIMITED AUDIT.— 

15 ‘‘(1) IN GENERAL.—A religious organization 

16 providing services for a social services program using 

17 Federal financial assistance may segregate Federal 

18 funds and any required matching funds provided for 

19 such program into a separate account or accounts. 

20 Only the separate accounts consisting of Federal 

21 funds and any required matching funds shall be sub22 ject to audit by the Federal Government with re23 spect to an audit undertaken for the purposes of 

24 oversight of Federal financial assistance. 


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1 ‘‘(2) COMMINGLING OF FUNDS.—If a religious 

2 organization providing services for a social services 

3 program using Federal financial assistance contrib4 utes the organization’s own funds in addition to 

5 those funds required by a matching requirement or 

6 agreement to supplement Federal funds, the organi7 zation may segregate the organization’s own funds 

8 that are not matching funds into separate accounts, 

9 or commingle the organization’s own funds that are 

10 not matching funds with the matching funds. If 

11 those funds are commingled, the commingled funds 

12 may all be subject to audit by the Federal Govern13 ment. 

14 ‘‘(g) PRIVATE RIGHT OF ACTION.—Any religious or15 ganization that alleges a violation of its rights under this 

16 section and seeks to enforce its rights under this section— 

17 ‘‘(1) may bring an action in a court of com18 petent jurisdiction and assert that violation as a 

19 claim, or assert that violation as a defense in a judi20 cial action; and 

21 ‘‘(2) may obtain appropriate relief, including at22 torney’s fees, against an entity or agency that com23 mitted such violation. 

24 ‘‘(h) FEDERAL PREEMPTION OF STATE AND LOCAL

25 LAWS.—With respect to any Federal financial assistance 


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1 provided to a religious organization for the provision of 

2 a social service program, or such assistance commingled 

3 with State or local funds, no State or political subdivision 

4 of a State may adopt, maintain, enforce, or continue in 

5 effect any law, regulation, rule, or requirement covered by 

6 the provisions of this section, or a rule, regulation, or re7 quirement promulgated under this section. 

8 ‘‘(i) CONSTRUCTION.—The provisions of this section 

9 shall supersede all Federal law (including statutory and 

10 other law, and policies used in the implementation of that 

11 law) that is enacted or issued before the date of enactment 

12 of this section. No provision of law enacted after the date 

13 of the enactment of this section may be construed as lim14 iting, superseding, or otherwise affecting this section, ex15 cept to the extent that it does so by specific reference to 

16 this section. 

17 ‘‘(j) SEVERABILITY.—If any provision of this section 

18 or the application of such provision to any person or cir19 cumstance is held to be unconstitutional, the remainder 

20 of this section and the application of the provisions of such 

21 to any person or circumstance shall not be affected there22 by. 

23 ‘‘(k) DEFINITIONS.—In this section: 

24 ‘‘(1) DISCRIMINATE ON THE BASIS OF AN OR25 GANIZATION’S RELIGIOUS EXERCISE.— 


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1 ‘‘(A) IN GENERAL.—The term ‘discrimi2 nate’, used with respect to an organization’s re3 ligious exercise, means, on the basis of covered 

4 conduct or motivation, to disfavor an organiza5 tion in a selection process or in oversight, in6 cluding— 

7 ‘‘(i) by failing to select an organiza8 tion; 

9 ‘‘(ii) by disqualifying an organization; 

10 or 

11 ‘‘(iii) by imposing any condition or se12 lection criterion that penalizes or otherwise 

13 disfavors an organization, or has the effect 

14 of so penalizing or disfavoring an organiza15 tion. 

16 ‘‘(B) COVERED CONDUCT OR MOTIVA17 TION.—In this paragraph, the term ‘covered 

18 conduct or motivation’ means— 

19 ‘‘(i) conduct that would not be consid20 ered grounds to disfavor a nonreligious or21 ganization; 

22 ‘‘(ii) conduct for which an organiza23 tion must or could be granted an exemp24 tion or accommodation in a manner con25 sistent with the Free Exercise Clause of 


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1 the First Amendment to the Constitution, 

2 the Religious Freedom Restoration Act (42 

3 U.S.C. 2000bb et seq.), or any other provi4 sion referenced in subsection (e); or 

5 ‘‘(iii) the actual or suspected religious 

6 motivation for the organization’s religious 

7 exercise. 

8 ‘‘(2) OTHER DEFINITIONS.— 

9 ‘‘(A) FEDERAL FINANCIAL ASSISTANCE.— 

10 The term ‘Federal financial assistance’ means 

11 financial assistance from the Federal Govern12 ment that non-Federal entities receive or ad13 minister through grants, contracts, loans, loan 

14 guarantees, property, cooperative agreements, 

15 food commodities, direct appropriations, or 

16 other assistance, but does not include a tax 

17 credit, tax deduction, or guaranty contract. 

18 ‘‘(B) PASS-THROUGH ENTITY.—The term 

19 ‘pass-through entity’ means an entity, including 

20 a nonprofit or nongovernmental organization, 

21 acting under a grant, contract, or other agree22 ment with the Federal Government or with a 

23 State or local government, such as a State ad24 ministering agency, that accepts direct Federal 

25 financial assistance as a primary recipient (such 


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1 as a grant recipient) and distributes that assist2 ance to other organizations that, in turn, pro3 vide government-funded social services through 

4 a social services program. 

5 ‘‘(C) PROGRAM.—The term ‘program’ in6 cludes the services provided through that pro7 gram. 

8 ‘‘(D) RELIGIOUS EXERCISE.—The term 

9 ‘religious exercise’ has the meaning given the 

10 term in section 8 of the Religious Land Use 

11 and Institutionalized Persons Act of 2000 (42 

12 U.S.C. 2000cc–5). 

13 ‘‘(E) SERVICES.—The term ‘services’, used 

14 with respect to a social services program, in15 cludes the provision of goods, or of financial as16 sistance, under the social services program. 

17 ‘‘(F) SOCIAL SERVICES PROGRAM.—The 

18 term ‘social services program’— 

19 ‘‘(i) means a program that is adminis20 tered by the Federal Government, or by a 

21 State or local government using Federal fi22 nancial assistance, and that provides serv23 ices directed at reducing poverty, improv24 ing opportunities for low-income children, 

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1 powering low-income families and low-in2 come individuals to become self-sufficient, 

3 or otherwise helping people in need; and 

4 ‘‘(ii) includes a program that provides, 

5 to people in need— 

6 ‘‘(I) child care services, protective 

7 services for children and adults, serv8 ices for children and adults in foster 

9 care, adoption services, services re10 lated to management and mainte11 nance of the home, day care services 

12 for adults, and services to meet the 

13 special needs of children, older indi14 viduals, and individuals with disabil15 ities; 

16 ‘‘(II) transportation services; 

17 ‘‘(III) job training and related 

18 services, and employment services; 

19 ‘‘(IV) information, referral, and 

20 counseling services; 

21 ‘‘(V) the preparation and delivery 

22 of meals, nutrition services, and serv23 ices related to soup kitchens or food 

24 banks; 

25 ‘‘(VI) health support services; 


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1 ‘‘(VII) literacy and mentoring 

2 services; 

3 ‘‘(VIII) services for the preven4 tion and treatment of juvenile delin5 quency and substance abuse, services 

6 for the prevention of crime and the 

7 provision of assistance to the victims 

8 and families of criminal offenders, and 

9 services related to intervention in, and 

10 prevention of, domestic violence; or 

11 ‘‘(IX) services related to the pro12 vision of assistance for housing under 

13 Federal law.’’. 

14 SEC. 13. AWARENESS FOR EXPECTING MOTHERS. 

15 The Public Health Service Act is amended by adding 

16 at the end the following: 

17 ‘‘TITLE XXXIV—AWARENESS FOR 

18 EXPECTING MOTHERS 

19 ‘‘SEC. 3401. WEBSITE AND PORTAL. 

20 ‘‘(a) WEBSITE.—Not later than 1 year after the date 

21 of enactment of this section, the Secretary shall publish 

22 a user-friendly public website, life.gov, to provide a com23 prehensive list of Federal, State, local governmental, and 

24 private resources available to pregnant women including— 


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1 ‘‘(1) resources to mental health counseling, 

2 pregnancy counseling, and other prepartum and 

3 postpartum services; 

4 ‘‘(2) comprehensive information on alternatives 

5 to abortion; 

6 ‘‘(3) information about abortion risks, including 

7 complications and failures; and 

8 ‘‘(4) links to information on child development 

9 from moment of conception. 

10 ‘‘(b) PORTAL.—Not later than 1 year after the date 

11 of enactment of this section, the Secretary shall publish 

12 a portal on the public website of the Department of Health 

13 and Human Services that— 

14 ‘‘(1) through a series of questions, will furnish 

15 specific tailored information to the user on what 

16 pregnancy-related information they are looking for, 

17 such as— 

18 ‘‘(A) Federal, State, local governmental, 

19 and private resources that may be available to 

20 the woman within her zip code, including the 

21 resources specified in subsection (c); and 

22 ‘‘(B) risks related to abortion at all stages 

23 of fetal gestation; and 


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1 ‘‘(2) provides for the submission of feedback on 

2 how user-friendly and helpful the portal was in pro3 viding the tailored information the user was seeking. 

4 ‘‘(c) RESOURCES.—The Federal, State, local govern5 mental, and private resources specified in this subsection 

6 are the following: 

7 ‘‘(1) Mentorship opportunities, including preg8 nancy help and case management resources. 

9 ‘‘(2) Health and well-being services, including 

10 women’s medical services such as obstetrical and 

11 gynecological support services for women, abortion 

12 pill reversal, breastfeeding, general health services, 

13 primary care, and dental care. 

14 ‘‘(3) Financial assistance, work opportunities, 

15 nutrition assistance, childcare, and education oppor16 tunities. 

17 ‘‘(4) Material or legal support, including trans18 portation, food, nutrition, clothing, household goods, 

19 baby supplies, housing, shelters, maternity homes, 

20 tax preparation, legal support for child support, 

21 family leave, breastfeeding protections, and custody 

22 issues. 

23 ‘‘(5) Recovery and mental health services, in24 cluding services with respect to addiction or suicide 

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1 sault, rape, sex trafficking, and counseling for 

2 women and families surrounding unexpected loss of 

3 a child. 

4 ‘‘(6) Prenatal diagnostic services, including dis5 ability support organizations, medical interventions 

6 for a baby, perinatal hospice resources, pregnancy 

7 and infant loss support, and literature on pregnancy 

8 wellness. 

9 ‘‘(7) Healing and support services for abortion 

10 survivors and their families. 

11 ‘‘(8) Services providing care for children, in12 cluding family planning education, adoption, foster 

13 care, and short-term care resources. 

14 ‘‘(d) ADMINISTRATION.—The Secretary may not del15 egate implementation or administration of the portal es16 tablished under subsection (b) below the level of the Office 

17 of the Secretary. 

18 ‘‘(e) FOLLOW-UP.—The Secretary shall develop a 

19 plan under which— 

20 ‘‘(1) the Secretary includes in the portal estab21 lished under subsection (b), a mechanism for users 

22 of the portal to take an assessment through the por23 tal and provide consent to use the user’s contact in24 formation; 


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1 ‘‘(2) the Secretary conducts outreach via phone 

2 or email to follow up with users of the portal estab3 lished under subsection (b) on additional resources 

4 that would be helpful for the users to review; and 

5 ‘‘(3) upon the request of a user of the portal for 

6 specific information, after learning of the additional 

7 resources through the portal, agents of the Depart8 ment of Health and Human Services make every ef9 fort to furnish specific information to such user in 

10 coordination with Federal, State, local governmental, 

11 and private health care providers and resources. 

12 ‘‘(f) RESOURCE LIST AGGREGATION.— 

13 ‘‘(1) IN GENERAL.—Pursuant to criteria devel14 oped in subsection (e)(2), each State shall provide 

15 recommendations of State, local governmental, and 

16 private resources under subsection (b)(1)(A) to in17 clude in the portal. 

18 ‘‘(2) CRITERIA FOR MAKING RECOMMENDA19 TIONS.—The Secretary shall develop criteria to pro20 vide to the States to determine whether resources 

21 recommended as described in paragraph (1) for in22 clusion in the portal can appear in the portal. Such 

23 criteria shall include the requirement that the re24 source provider is not a prohibited entity and the re25 quirement that the resource provider has been enVerDate Sep 11 2014 23:23 Sep 20, 2022 Jkt 029200 PO 00000 Frm 00073 Fmt 6652 Sfmt 6201 E:\BILLS\S4868.IS S4868

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1 gaged in providing services for a minimum of 3 con2 secutive years. 

3 ‘‘(3) GRANT PROGRAM.— 

4 ‘‘(A) IN GENERAL.—The Secretary may 

5 provide grants to States to establish or support 

6 a system that aggregates the resources de7 scribed in subsection (b)(1)(A), in accordance 

8 with the criteria developed under paragraph 

9 (2), and that may be coordinated, to the extent 

10 determined appropriate by the State, by a 

11 statewide, regionally based, or community-based 

12 public entity or private nonprofit. 

13 ‘‘(B) APPLICATIONS.—To be eligible to re14 ceive a grant under subparagraph (A), a State 

15 shall submit an application to the Secretary at 

16 such time, in such manner, and containing such 

17 information as the Secretary may require, in18 cluding a plan for outreach and awareness ac19 tivities, and a list of service providers that 

20 would be included in the State system sup21 ported by the grant. 

22 ‘‘(g) MATERNAL MENTAL HEALTH HOTLINE.—The 

23 Secretary shall ensure that the Maternal Mental Health 

24 Hotline of the Health Resources and Services Administra25 tion— 


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1 ‘‘(1) disseminates information regarding, and 

2 linkages to, the life.gov website and portal described 

3 in subsections (a) and (b); 

4 ‘‘(2) has the capacity to help families in every 

5 State and community in the Nation; and 

6 ‘‘(3) includes live chat features, 24 hours a day, 

7 to connect individuals to the information the portal 

8 hosts. 

9 ‘‘(h) PROHIBITION REGARDING CERTAIN ENTI10 TIES.—The resources listed on the life.gov website, and 

11 made available through the portal and hotline established 

12 under this section may not include any resource offered 

13 by a prohibited entity. 

14 ‘‘(i) SERVICES IN DIFFERENT LANGUAGES.—The 

15 life.gov website and hotline shall ensure the widest possible 

16 access to services for families who speak languages other 

17 than English. 

18 ‘‘(j) REPORTING REQUIREMENTS.— 

19 ‘‘(1) IN GENERAL.—Not later than 180 days 

20 after date on which the life.gov website and portal 

21 are established under subsection (a), the Secretary 

22 shall submit to Congress a report on— 

23 ‘‘(A) the traffic of the website and the 

24 interactive portal; 


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1 ‘‘(B) user feedback on the accessibility and 

2 helpfulness of the website and interactive portal 

3 in tailoring to the user’s needs; 

4 ‘‘(C) insights on gaps in Federal, State, 

5 local governmental, and private programming 

6 with respect to services for pregnant and 

7 postpartum women; and 

8 ‘‘(D) suggestions on how to improve user 

9 experience and accessibility based on user feed10 back and missing resources that would be help11 ful to include in future updates. 

12 ‘‘(2) CONFIDENTIALITY.—The report under 

13 paragraph (1) shall not include any personal identi14 fying information regarding individuals who have 

15 used the website or portal. 

16 ‘‘(k) DEFINITIONS.—In this section: 

17 ‘‘(1) ABORTION.—The term ‘abortion’ means 

18 the use or prescription of any instrument, medicine, 

19 drug, or other substance or device to intentionally— 

20 ‘‘(A) kill the unborn child of a woman 

21 known to be pregnant; or 

22 ‘‘(B) prematurely terminate the pregnancy 

23 of a woman known to be pregnant, with an in24 tention other than to— 


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1 ‘‘(i) increase the probability of a live 

2 birth or of preserving the life or health of 

3 the child after live birth; or 

4 ‘‘(ii) remove an ectopic pregnancy or a 

5 dead unborn child. 

6 ‘‘(2) BORN 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) PROHIBITED ENTITY.—The term ‘prohib10 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 organiza14 tion that conducts such activities. 

15 ‘‘(4) UNBORN 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. 14. WIC REFORM. 

20 (a) BREASTFEEDING WOMAN.— 

21 (1) DEFINITION OF BREASTFEEDING WOMAN.— 

22 Section 17(b) of the Child Nutrition Act of 1966 (42 

23 U.S.C. 1786(b)) is amended by striking the sub24 section designation and all that follows through the 


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1 period at the end of paragraph (1) and inserting the 

2 following: 

3 ‘‘(b) DEFINITIONS.—In this section: 

4 ‘‘(1) BREASTFEEDING WOMAN.—The term 

5 ‘breastfeeding woman’ means a woman who is not 

6 more than 2 years postpartum and is breastfeeding 

7 the infant of the woman.’’. 

8 (2) CERTIFICATION.—Section 17(d)(3)(A)(ii) of 

9 the Child Nutrition Act of 1966 (42 U.S.C. 

10 1786(d)(3)(A)(ii)) is amended by striking ‘‘1 year’’ 

11 and inserting ‘‘2 years’’. 

12 (b) POSTPARTUM WOMAN.— 

13 (1) DEFINITION OF POSTPARTUM WOMAN.— 

14 Section 17(b)(10) of the Child Nutrition Act of 

15 1966 (42 U.S.C. 1786(b)(10)) is amended by strik16 ing the period at the end and inserting ‘‘, and, for 

17 purposes of subsection (d), includes women up to 2 

18 years after the birth of a child born alive or a still19 birth.’’. 

20 (2) CERTIFICATION.—Section 17(d)(3)(A) of 

21 the Child Nutrition Act of 1966 (42 U.S.C. 

22 1786(d)(3)(A)) is amended— 

23 (A) in clause (i), by striking ‘‘clause (ii)’’ 

24 and inserting ‘‘clauses (ii) and (iii)’’; 


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1 (B) by redesignating clause (iii) as clause 

2 (iv); and 

3 (C) by inserting after clause (ii) the fol4 lowing: 

5 ‘‘(iii) POSTPARTUM WOMEN.—A State 

6 may elect to certify a postpartum woman 

7 for a period of up to 2 years after the 

8 birth of a child born alive or a stillbirth.’’. 

9 (c) CHILD SUPPORT.—Section 17(e)(4) of the Child 

10 Nutrition Act of 1966 (42 U.S.C. 1786(e)(4)) is amend11 ed— 

12 (1) in subparagraph (B), by striking ‘‘and’’ at 

13 the end; 

14 (2) by redesignating subparagraph (C) as sub15 paragraph (D); and 

16 (3) by inserting after subparagraph (B) the fol17 lowing: 

18 ‘‘(C) shall provide to individuals applying 

19 for the program under this section, or re20 applying at the end of their certification pe21 riod— 

22 ‘‘(i) written information about estab23 lishing child support orders under the law 

24 of the State; and 


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1 ‘‘(ii) on request from the individual 

2 applicant, referral to any program or agen3 cy of the State authorized to determine eli4 gibility for child support orders; and’’. 

5 (d) CHILD SUPPORT ENFORCEMENT PLAN.—Section 

6 17(f)(1)(C) of the Child Nutrition Act of 1966 (42 U.S.C. 

7 1786(f)(1)(C)) is amended— 

8 (1) in clause (x), by striking ‘‘and’’ at the end; 

9 (2) by redesignating clause (xi) as clause (xii); 

10 and 

11 (3) by inserting after clause (x) the following: 

12 ‘‘(xi) a plan to facilitate referrals for 

13 participants seeking to establish a child 

14 support order; and’’. 

15 (e) REVIEW OF AVAILABLE SUPPLEMENTAL

16 FOODS.—Section 17(f)(11)(C) of the Child Nutrition Act 

17 of 1966 (42 U.S.C. 1786(f)(11)(C)) is amended— 

18 (1) in the matter preceding clause (i), by strik19 ing ‘‘10’’ and inserting ‘‘5’’; and 

20 (2) in clause (ii), by striking ‘‘amend the sup21 plemental foods available, as necessary, to’’ and in22 serting ‘‘not later than 18 months after the conclu23 sion of each scientific review conducted under clause 

24 (i), promulgate a final rule to amend the supple25 mental foods, as necessary, to’’. 


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1 (f) INCREASE IN CASH-VALUE VOUCHER AMOUNT.— 

2 Section 17(f)(11) of the Child Nutrition Act of 1966 (42 

3 U.S.C. 1786(f)(11)) is amended by adding at the end the 

4 following: 

5 ‘‘(D) INCREASE IN CASH-VALUE VOUCHER

6 AMOUNT.—Using funds made available for the 

7 program authorized by this section, not later 

8 than 30 days after the date of enactment of the 

9 Providing for Life Act, the Secretary shall— 

10 ‘‘(i) increase the amount of the cash11 value voucher (as defined in section 246.2 

12 of title 7 (Code of Federal Regulations) (or 

13 a successor regulation)) to reflect the 

14 amount provided to participants of the pro15 gram as of August 31, 2022 (and adjusted 

16 for inflation); and 

17 ‘‘(ii) maintain such amount until the 

18 date on which a new final rule is promul19 gated pursuant to subparagraph (C)(ii).’’. 

20 SEC. 15. PREGNANCY RESOURCE CENTERS. 

21 (a) IN GENERAL.—The Secretary of Health and 

22 Human Services shall use amounts available under sub23 section (b) to provide grants and other assistance to preg24 nancy resource centers to assist such centers in carrying 


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1 out activities to support women’s pregnancy-related 

2 health. 

3 (b) FUNDING.—Notwithstanding any other provision 

4 of law, a pregnancy resource center shall be eligible for 

5 funding under title X of the Public Health Service Act 

6 (42 U.S.C. 300 et seq.). Notwithstanding section 59.2 of 

7 title 42, Code of Federal Regulations, pregnancy resource 

8 centers shall not be required to provide, refer, or counsel 

9 in favor of contraception in order to eligible for funding 

10 under such title X. In making funding available under 

11 such title X, the Secretary of Health and Human Services 

12 shall give priority to the funding of pregnancy resource 

13 centers. 

14 (c) DEFINITIONS.—In this section: 

15 (1) COMMUNITY REFERRALS.—The term ‘‘com16 munity referrals’’ means linking a woman to addi17 tional care within the community. Such linkage may 

18 include prenatal care, STI testing or treatment, ma19 ternity homes and housing, professional counseling, 

20 licensed adoption agencies, financial aid, addition re21 covery help, job and skills training, and legal help. 

22 (2) MATERIAL ASSISTANCE.—The term ‘‘mate23 rial assistance’’ means the provision of goods and re24 sources to pregnant or parenting women or par25 enting couples, including diapers and wipes, car 


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1 seats, baby furniture, strollers, baby bedding, baby 

2 clothing, baby formula, maternity clothing, or finan3 cial assistance. 

4 (3) PREGNANCY RESOURCE CENTER.—The 

5 term ‘‘pregnancy resource center’’ means a life-af6 firming organization that offers a range of services 

7 to assist pregnant women, which may include op8 tions such as counseling, obstetrical ultrasound, sex9 ual transmitted infection (STI) tests and testing, 

10 pregnancy tests and testing, sexual risk avoidance 

11 (SRA) education, parenting education, material as12 sistance, and community referrals. Such organiza13 tions may also be known as pregnancy help centers, 

14 pregnancy resource centers, pregnancy care centers, 

15 pregnancy medical clinics, or simply pregnancy cen16 ters. Such term does not include entities that per17 form, prescribe, refer for or encourage abortion or 

18 entities that affiliate with any entity that performs, 

19 prescribes, refers for, or encourages abortion. 

Æ 


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