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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1126 Introduced in House (IH)]

<DOC>

118th CONGRESS
  1st Session
                                H. R. 1126

   To make improvements in prenatal and maternal care, and for other 
                               purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           February 21, 2023

Mrs. Fischbach introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL

 
   To make improvements in prenatal and maternal care, and for other 
                               purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Health, Opportunity, Protecting 
life, Education Act'' or the ``HOPE Act''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
                   TITLE I--ALTERNATIVES TO ABORTION

Sec. 101. Improving access to prenatal telehealth care.
Sec. 102. Positive alternatives for women.
Sec. 103. Educated decisions on maternal health.
Sec. 104. Life.Gov: awareness for expecting mothers.
Sec. 105. Parental notification.
Sec. 106. Moratorium on Federal funding to Planned Parenthood 
                            Federation of America, Inc.
Sec. 107. Funding.
                      TITLE II--GENERAL PROVISIONS

Sec. 201. Rule of construction.

                   TITLE I--ALTERNATIVES TO ABORTION

SEC. 101. IMPROVING ACCESS TO PRENATAL TELEHEALTH CARE.

    (a) In General.--The Secretary of Health and Human Services shall 
award grants or cooperative agreements to eligible entities to purchase 
equipment necessary for carrying out at-home telehealth visits for 
screening, monitoring, and management of prenatal and postnatal care 
for the purpose of improving maternal and infant health outcomes, and 
reducing maternal mortality, by improving access to care in rural 
areas, frontier counties, medically underserved areas, or jurisdictions 
of Indian Tribes and Tribal organizations.
    (b) Use of Funds.--A recipient of a grant under this section shall 
use the grant as described in subsection (a), which may include 
purchasing or providing equipment necessary for carrying out at-home 
telehealth visits (such as remote physiologic devices and related 
services, including pulse oximeters, blood pressure cuffs, scales, and 
blood glucose monitors) to screen, monitor, and manage prenatal and 
postnatal care at home by means of telehealth visits and services for 
the purpose described in subsection (a).
    (c) Report to Congress.--Not later than September 30, 2028, the 
Secretary shall submit to the Congress a report on activities supported 
through grants under this section, including--
            (1) a description of the activities conducted pursuant to 
        such grants; and
            (2) an analysis of the effects of such grants on improving 
        prenatal and postnatal care in areas and jurisdictions 
        described in subsection (a).
    (d) Definitions.--In this section:
            (1) The term ``eligible entity'' means an entity providing 
        prenatal care, labor care, birthing, and postpartum care 
        services in a rural area, a frontier county, a medically 
        underserved area, or the jurisdiction of an Indian Tribe or 
        Tribal organization.
            (2) The term ``frontier county'' has the meaning given such 
        term in section 1886(d)(3)(E)(iii)(III) of the Social Security 
        Act (42 U.S.C. 1395ww(d)(3)(E)(iii)(III)).
            (3) The terms ``Indian Tribe'' and ``Tribal organization'' 
        have the meanings given to such terms in section 4 of the 
        Indian Self-Determination and Education Assistance Act (25 
        U.S.C. 5304).
            (4) The term ``medically underserved area'' means a health 
        professional shortage area designated under section 332 of the 
        Public Health Service Act (42 U.S.C. 254e).
            (5) The term ``rural area'' has the meaning given to such 
        term in section 330J(e) of the Public Health Service Act (42 
        U.S.C. 254c-15(e)).
            (6) The term ``Secretary'' means the Secretary of Health 
        and Human Services.
    (e) Authorization of Appropriations.--To carry out this section, 
there are authorized to be appropriated such sums as may be necessary 
for fiscal years 2024 through 2029.

SEC. 102. POSITIVE ALTERNATIVES FOR WOMEN.

    (a) Program Authority.--
            (1) Purpose.--The purpose of grants under this section 
        shall be to support, encourage, and assist women--
                    (A) to carry their pregnancies to term; and
                    (B) to care for their babies after birth.
            (2) Grants.--For the purpose described in paragraph (1), 
        the Secretary shall award grants to eligible entities described 
        in subsection (b) to provide information on, referral to, and 
        direct services as described in subsection (c).
    (b) Eligibility.--
            (1) Eligible entities.--To be eligible for a grant under 
        this section, an entity shall--
                    (A) be a nonprofit organization;
                    (B) support, encourage, and assist women as 
                described in subsection (a)(1);
                    (C) agree to be subject to such monitoring and 
                review as the Secretary may require under subsection 
                (g);
                    (D) agree to not charge women for services provided 
                through the grant;
                    (E) provide each pregnant woman counseled through 
                the grant with accurate information on the 
                developmental characteristics of babies and of unborn 
                children, including offering printed information; and
                    (F) have a privacy policy and procedures in place 
                to ensure that--
                            (i) the name, address, telephone number, or 
                        any other information that might identify any 
                        woman seeking services supported through the 
                        grant is not made public or shared with any 
                        other entity without the written consent of the 
                        woman; and
                            (ii) the grantee adheres to requirements 
                        comparable to those applicable under the HIPAA 
                        privacy regulation (as defined in section 
                        1180(b)(3) of the Social Security Act (42 
                        U.S.C. 1320d-9)) to covered entities (as 
                        defined for purposes of such regulation).
            (2) Ineligible entities.--An entity shall be ineligible to 
        receive a grant under this section if the entity or any 
        affiliate, subsidiary, successor, or clinic thereof--
                    (A) performs, induces, refers for, or counsels in 
                favor of abortions; or
                    (B) provides financial support to any other entity 
                that conducts any activity described in subparagraph 
                (A).
            (3) Financial records.--As a condition on receipt of a 
        grant under this section, an eligible entity shall agree to 
        maintain and make available to the Secretary records, including 
        financial records, that demonstrate that the entity satisfies 
        the requirements of paragraph (1) and is not ineligible by 
        operation of paragraph (2).
    (c) Covered Services.--
            (1) Required information and referral.--For the purpose 
        described in subsection (a)(1), an eligible entity receiving a 
        grant under this section shall use the grant to provide 
        information on, and referral to, each of the following 
        services:
                    (A) Medical care.
                    (B) Nutritional services.
                    (C) Housing assistance.
                    (D) Adoption services.
                    (E) Education and employment assistance, including 
                services that support the continuation and completion 
                of high school.
                    (F) Child care assistance.
                    (G) Parenting education and support services.
                    (H) Voluntary substance abuse counseling and 
                treatment.
            (2) Permissible direct provision of services.--For the 
        purpose described in subsection (a)(1), in addition to using a 
        grant under this section as described in paragraph (1), an 
        eligible entity receiving a grant under this section may use 
        the grant for the direct provision of one or more services 
        listed in paragraph (1).
    (d) Prohibited Uses of Funds.--None of the funds made available 
under this section shall be used--
            (1) for health benefits coverage that includes coverage of 
        abortion;
            (2) for providing or assisting a woman to obtain adoption 
        services from a provider of adoption services that is not 
        licensed; and
            (3) for any of the activities described in subsection 
        (b)(2).
    (e) Approval of Information as Medically Accurate.--As a condition 
on the receipt of a grant under this section, an eligible entity shall 
refrain from providing any information pursuant to the grant on the 
health risks associated with abortions other than information that has 
been approved by the Secretary as medically accurate.
    (f) Consideration.--In selecting the recipients of grants under 
this section, the Secretary shall consider each applicant's 
demonstrated capacity in providing services to assist a pregnant woman 
in carrying her pregnancy to term.
    (g) Monitoring and Review.--The Secretary shall--
            (1) monitor and review each program funded through a grant 
        under this section to ensure that the grantee carefully adheres 
        to--
                    (A) the purpose described in subsection (a)(1); and
                    (B) the requirements of this section; and
            (2) cease to fund a program under this section if the 
        grantee fails to adhere to such purpose and requirements.
    (h) Definitions.--In this section:
            (1) Abortion.--The term ``abortion'' means the use or 
        prescription of any instrument, medicine, drug, or any other 
        substance or device to intentionally--
                    (A) kill the unborn child of a woman known to be 
                pregnant; or
                    (B) terminate the pregnancy of a woman known to be 
                pregnant, with an intention other than--
                            (i) after viability, to produce a live 
                        birth and preserve the life and health of the 
                        child born alive;
                            (ii) to remove a dead unborn child; or
                            (iii) to treat an ectopic pregnancy.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of Health and Human Services.
    (i) Authorization of Appropriations.--To carry out this section, 
there are authorized to be appropriated such sums as may be necessary 
for fiscal years 2024 through 2029.

SEC. 103. EDUCATED DECISIONS ON MATERNAL HEALTH.

    (a) In General.--
            (1) Requirement of compliance by providers.--Any abortion 
        provider, acting in or affecting interstate or foreign 
        commerce, who knowingly performs, or attempts to perform, any 
        abortion shall comply with the requirements of this section.
            (2) Review of medical risks and unborn health status.--An 
        abortion provider who intends to perform, or attempt to 
        perform, an abortion may not perform any part of the abortion 
        procedure without first obtaining a signed Informed Consent 
        Authorization form in accordance with this subsection.
            (3) Informed consent authorization form.--
                    (A) In general.--The Informed Consent Authorization 
                form required under this subsection shall--
                            (i) be presented in person by the abortion 
                        provider 24 hours prior to performing, or 
                        attempting to perform, the abortion to the 
                        woman seeking the abortion; and
                            (ii) consist of--
                                    (I) a statement, in easily 
                                understandable common language, by the 
                                abortion provider indicating--
                                            (aa) the probable 
                                        gestational age, in completed 
                                        days, of the child;
                                            (bb) all medical risks 
                                        associated with the specific 
                                        abortion procedure; and
                                            (cc) the major 
                                        developmental characteristics 
                                        of unborn children at such 
                                        gestational age, including the 
                                        presence of a heartbeat, the 
                                        ability to react to painful 
                                        stimuli, and the development of 
                                        organs, fingers, and facial 
                                        features;
                                    (II) a statement, in easily 
                                understandable common language, that 
                                the requirements of this subsection are 
                                binding upon the abortion provider and 
                                all other medical personnel, that such 
                                abortion providers and medical 
                                personnel are subject to criminal and 
                                civil penalties for violations of these 
                                requirements, and that a woman on whom 
                                an abortion has been performed may take 
                                civil action if these requirements are 
                                not followed; and
                                    (III) an affirmation that each 
                                individual signing the Informed Consent 
                                Authorization form has filled out the 
                                form to the best of his or her 
                                knowledge and understands the 
                                information contained in the form.
                    (B) Signatories required.--The Informed Consent 
                Authorization form required under this subsection shall 
                be signed in person by the woman seeking the abortion, 
                the abortion provider performing or attempting to 
                perform the abortion, and a witness.
                    (C) Retention of consent form.--The abortion 
                provider performing or attempting to perform an 
                abortion shall retain the signed Informed Consent 
                Authorization form required under this subsection in 
                the patient's medical file.
                    (D) Requirement for data retention.--Paragraph 
                (j)(2) of section 164.530 of title 45, Code of Federal 
                Regulations, shall apply to the Informed Consent 
                Authorization form required to be placed in a patient's 
                medical file pursuant to subparagraph (C) in the same 
                manner and to the same extent as such paragraph applies 
                to documentation required by paragraph (j)(1) of such 
                section.
                    (E) Copy of form.--A copy of the signed Informed 
                Consent Authorization required under this subsection 
                shall be provided to the woman seeking an abortion.
            (4) Exceptions.--The requirements of this subsection shall 
        not apply if, in reasonable medical judgment, compliance with 
        paragraph (2) would pose a greater risk of--
                    (A) the death of the pregnant woman; or
                    (B) the substantial and irreversible physical 
                impairment of a major bodily function, not including 
                psychological or emotional conditions, of the pregnant 
                woman.
    (b) Penalty for Failure To Comply.--
            (1) Civil penalty.--
                    (A) Enforcement by attorney general.--The Attorney 
                General shall commence a civil action in an appropriate 
                district court of the United States under this 
                subsection against any abortion provider who knowingly 
                commits a violation of subsection (a).
                    (B) Penalty.--In a civil action under subparagraph 
                (A), the court may, to vindicate the public interest, 
                assess a civil penalty against the abortion provider in 
                an amount--
                            (i) not less than $100,000 and not more 
                        than $150,000, for each such violation that is 
                        adjudicated in the first proceeding against 
                        such abortion provider under this subsection; 
                        or
                            (ii) not less than $150,001 and not more 
                        than $250,000, for each such violation that is 
                        adjudicated in a subsequent proceeding against 
                        such abortion provider under this subsection.
                    (C) Notification.--Upon the assessment of a civil 
                penalty under subparagraph (B), the Attorney General 
                shall notify the appropriate State medical licensing 
                authority.
                    (D) No penalties for pregnant women.--A pregnant 
                woman shall not be subject to any penalty under this 
                section.
            (2) Private right of action.--
                    (A) In general.--A woman or a parent of a minor 
                upon whom an abortion has been performed in violation 
                of subsection (a) may commence a civil action against 
                the abortion provider for appropriate relief.
                    (B) Appropriate relief.--Appropriate relief in a 
                civil action under this paragraph includes--
                            (i) objectively verifiable money damages 
                        for all injuries, psychological and physical, 
                        occasioned by the violation;
                            (ii) statutory damages equal to 3 times the 
                        cost of the abortion; and
                            (iii) punitive damages.
                    (C) Attorney's fees for plaintiff.--The court shall 
                award a reasonable attorney's fee as part of the costs 
                to a prevailing plaintiff in a civil action under this 
                paragraph.
                    (D) Attorney's fees for defendant.--If a defendant 
                in a civil action under this paragraph prevails and the 
                court finds that the plaintiff's suit was frivolous, 
                the court shall award a reasonable attorney's fee in 
                favor of the defendant against the plaintiff.
                    (E) Awards against woman.--In any civil action 
                under this paragraph, no damages or other monetary 
                relief, and no attorney's fees except as provided under 
                subparagraph (D), may be assessed against the woman 
                upon whom the abortion was performed or attempted.
    (c) Preemption.--Nothing in this title or the amendments made by 
this title shall be construed to preempt any provision of State law to 
the extent that such State law establishes, implements, or continues in 
effect disclosure requirements regarding abortion or penalties for 
failure to comply with such requirements that are more extensive than 
those provided under the amendment made by this title.
    (d) Rule of Construction.--Nothing in this title shall be construed 
to prohibit an abortion provider from presenting the information 
required under subsection (a) to a pregnant woman at the same time as 
acquiring informed consent for an abortion from such woman in 
accordance with State law, provided that the presentation of such 
information occurs at least 24 hours before the abortion.
    (e) Definitions.--In this section:
            (1) Abortion.--The term ``abortion'' means the use or 
        prescription of any instrument, medicine, drug, or any other 
        substance or device to intentionally--
                    (A) kill the unborn child of a woman known to be 
                pregnant; or
                    (B) terminate the pregnancy of a woman known to be 
                pregnant, with an intention other than--
                            (i) after viability, to produce a live 
                        birth and preserve the life and health of the 
                        child born alive;
                            (ii) to remove a dead unborn child; or
                            (iii) to treat an ectopic pregnancy.
            (2) Abortion provider.--The term ``abortion provider'' 
        means a person--
                    (A) licensed to practice medicine and surgery or 
                osteopathic medicine and surgery; or
                    (B) otherwise legally authorized to perform an 
                abortion.
            (3) Attempt.--The term ``attempt'', with respect to an 
        abortion, means conduct that, under the circumstances as the 
        actor believes them to be, constitutes a substantial step in a 
        course of conduct planned to culminate in performing an 
        abortion.
            (4) Minor.--The term ``minor'' means an individual who has 
        not attained the age of 18 years.
            (5) Perform.--The term ``perform'', with respect to an 
        abortion, includes inducing an abortion through a medical or 
        chemical intervention including writing a prescription for a 
        drug or device intended to result in an abortion.
            (6) Reasonable medical judgment.--The term ``reasonable 
        medical judgment'' means a medical judgment that would be made 
        by a reasonably prudent abortion provider, knowledgeable about 
        the case and the treatment possibilities with respect to the 
        medical conditions involved.
            (7) Unborn child.--The term ``unborn child'' means an 
        individual organism of the species homo sapiens, beginning at 
        fertilization, until the point of being born alive as defined 
        in section 8(b) of title 1, United States Code.
            (8) Woman.--The term ``woman'' means a female human being 
        whether or not she has reached the age of majority.

SEC. 104. LIFE.GOV: AWARENESS FOR EXPECTING MOTHERS.

    The Public Health Service Act (42 U.S.C. 201 et seq.) is amended by 
adding at the end the following:

             ``TITLE XXXIV--AWARENESS FOR EXPECTING MOTHERS

``SEC. 3401. WEBSITE AND PORTAL.

    ``(a) Website.--Not later than 1 year after the date of enactment 
of this section, the Secretary shall publish a user-friendly public 
website, life.gov, to provide a comprehensive list of Federal, State, 
local governmental, and private resources available to pregnant women 
including--
            ``(1) resources to mental health counseling, pregnancy 
        counseling, and other prepartum and postpartum services;
            ``(2) comprehensive information on alternatives to 
        abortion;
            ``(3) information about abortion risks, including 
        complications and failures; and
            ``(4) links to information on child development from moment 
        of conception.
    ``(b) Portal.--Not later than 1 year after the date of enactment of 
this section, the Secretary shall publish a portal on the public 
website of the Department of Health and Human Services that--
            ``(1) through a series of questions, will furnish specific 
        tailored information to the user on what pregnancy-related 
        information they are looking for, such as--
                    ``(A) Federal, State, local governmental, and 
                private resources that may be available to the woman 
                within her ZIP Code, including the resources specified 
                in subsection (c); and
                    ``(B) risks related to abortion at all stages of 
                fetal gestation; and
            ``(2) provides for the submission of feedback on how user-
        friendly and helpful the portal was in providing the tailored 
        information the user was seeking.
    ``(c) Resources.--The Federal, State, local governmental, and 
private resources specified in this subsection are the following:
            ``(1) Mentorship opportunities, including pregnancy help 
        and case management resources.
            ``(2) Health and well-being services, including women's 
        medical services such as obstetrical and gynecological support 
        services for women, abortion pill reversal, breastfeeding, 
        general health services, primary care, and dental care.
            ``(3) Financial assistance, work opportunities, nutrition 
        assistance, childcare, and education opportunities.
            ``(4) Material or legal support, including transportation, 
        food, nutrition, clothing, household goods, baby supplies, 
        housing, shelters, maternity homes, tax preparation, legal 
        support for child support, family leave, breastfeeding 
        protections, and custody issues.
            ``(5) Recovery and mental health services, including 
        services with respect to addiction or suicide intervention, 
        intimate partner violence, sexual assault, rape, sex 
        trafficking, and counseling for women and families surrounding 
        unexpected loss of a child.
            ``(6) Prenatal diagnostic services, including disability 
        support organizations, medical interventions for a baby, 
        perinatal hospice resources, pregnancy and infant loss support, 
        and literature on pregnancy wellness.
            ``(7) Healing and support services for abortion survivors 
        and their families.
            ``(8) Services providing care for children, including 
        family planning education, adoption, foster care, and short-
        term care resources.
    ``(d) Administration.--The Secretary may not delegate 
implementation or administration of the portal established under 
subsection (b) below the level of the Office of the Secretary.
    ``(e) Follow-Up.--The Secretary shall develop a plan under which--
            ``(1) the Secretary includes in the portal established 
        under subsection (b), a mechanism for users of the portal to 
        take an assessment through the portal and provide consent to 
        use the user's contact information;
            ``(2) the Secretary conducts outreach via phone or email to 
        follow up with users of the portal established under subsection 
        (b) on additional resources that would be helpful for the users 
        to review; and
            ``(3) upon the request of a user of the portal for specific 
        information, after learning of the additional resources through 
        the portal, agents of the Department of Health and Human 
        Services make every effort to furnish specific information to 
        such user in coordination with Federal, State, local 
        governmental, and private health care providers and resources.
    ``(f) Resource List Aggregation.--
            ``(1) In general.--Pursuant to criteria developed in 
        subsection (e)(2), each State shall provide recommendations of 
        State, local governmental, and private resources under 
        subsection (b)(1)(A) to include in the portal.
            ``(2) Criteria for making recommendations.--The Secretary 
        shall develop, and make public, criteria to provide to the 
        States to determine whether resources recommended as described 
        in paragraph (1) for inclusion in the portal can appear in the 
        portal. Such criteria shall include the requirement that the 
        resource provider is not a prohibited entity and the 
        requirement that the resource provider has been engaged in 
        providing services for a minimum of 3 consecutive years. The 
        Secretary shall establish a process for a resource provider to 
        appeal a decision on inclusion.
            ``(3) Grant program.--
                    ``(A) In general.--The Secretary may provide grants 
                to States to establish or support a system that 
                aggregates the resources described in subsection 
                (b)(1)(A), in accordance with the criteria developed 
                under paragraph (2), and that may be coordinated, to 
                the extent determined appropriate by the State, by a 
                statewide, regionally based, or community-based public 
                entity or private nonprofit.
                    ``(B) Applications.--To be eligible to receive a 
                grant under subparagraph (A), a State shall submit an 
                application to the Secretary at such time, in such 
                manner, and containing such information as the 
                Secretary may require, including a plan for outreach 
                and awareness activities, and a list of service 
                providers that would be included in the State system 
                supported by the grant.
    ``(g) Maternal Mental Health Hotline.--The Secretary shall ensure 
that the Maternal Mental Health Hotline of the Health Resources and 
Services Administration--
            ``(1) disseminates information regarding, and linkages to, 
        the life.gov website and portal described in subsections (a) 
        and (b);
            ``(2) has the capacity to help families in every State and 
        community in the Nation; and
            ``(3) includes live chat features, 24 hours a day, to 
        connect individuals to the information the portal hosts.
    ``(h) Prohibition Regarding Certain Entities.--The resources listed 
on the life.gov website, and made available through the portal and 
hotline established under this section may not include any resource 
offered by a prohibited entity.
    ``(i) Services in Different Languages.--The life.gov website and 
hotline shall ensure the widest possible access to services for 
families who speak languages other than English.
    ``(j) Privacy Protection.--
            ``(1) Any entity providing resources under this title must 
        have a privacy policy and procedures in place to ensure that 
        the name, address, telephone number, or any other information 
        that might identify any woman seeking the services of the 
        program is not made public or shared with any other agency or 
        organization without the written consent of the woman. All 
        communications between the resource and the woman must remain 
        confidential and any entity providing resources shall adhere to 
        requirements comparable to those applicable under the HIPAA 
        privacy regulation (as defined in section 1180(b)(3) of the 
        Social Security Act) to covered entities (as defined for 
        purposes of such regulation).
            ``(2) Notwithstanding paragraph (1), the Secretary has 
        access to any information necessary to monitor and review a 
        grantee's program as required under subsection (k).
    ``(k) Reporting Requirements.--
            ``(1) In general.--Not later than 180 days after the date 
        on which the life.gov website and portal are established under 
        subsection (a), the Secretary shall submit to Congress a report 
        on--
                    ``(A) the traffic of the website and the 
                interactive portal;
                    ``(B) user feedback on the accessibility and 
                helpfulness of the website and interactive portal in 
                tailoring to the user's needs;
                    ``(C) insights on gaps in Federal, State, local 
                governmental, and private programming with respect to 
                services for pregnant and postpartum women; and
                    ``(D) suggestions on how to improve user experience 
                and accessibility based on user feedback and missing 
                resources that would be helpful to include in future 
                updates.
            ``(2) Confidentiality.--The report under paragraph (1) 
        shall not include any personal identifying information 
        regarding individuals who have used the website or portal.
    ``(l) Definitions.--In this section:
            ``(1) Abortion.--The term `abortion' means the use or 
        prescription of any instrument, medicine, drug, or any other 
        substance or device to intentionally--
                    ``(A) kill the unborn child of a woman known to be 
                pregnant; or
                    ``(B) terminate the pregnancy of a woman known to 
                be pregnant, with an intention other than--
                            ``(i) after viability, to produce a live 
                        birth and preserve the life and health of the 
                        child born alive;
                            ``(ii) to remove a dead unborn child; or
                            ``(iii) to treat an ectopic pregnancy.
            ``(2) Born alive.--The term `born alive' has the meaning 
        given such term in section 8(b) of title 1, United States Code.
            ``(3) Prohibited entity.--The term `prohibited entity' 
        means an entity, including its affiliates, subsidiaries, 
        successors, and clinics that performs, induces, refers for, or 
        counsels in favor of abortions, or provides financial support 
        to any other organization that conducts such activities.
            ``(4) Unborn child.--The term `unborn child' means an 
        individual organism of the species homo sapiens, beginning at 
        fertilization, until the point of being born alive.''.

SEC. 105. PARENTAL NOTIFICATION.

    (a) Requirement.--Any physician who, in or affecting interstate or 
foreign commerce, performs or induces an abortion on a minor shall 
provide, or cause his or her agent to provide--
            (1) at least 24 hours of actual notice to a parent of the 
        minor before performing or inducing the abortion; or
            (2) at least 48 hours of constructive notice to a parent of 
        the minor before performing or inducing the abortion.
    (b) Exceptions.--The notification requirement of subsection (a) 
does not apply if--
            (1) the abortion is performed or induced in a State that 
        has, in force, a law requiring parental involvement in a 
        minor's abortion decision and the physician complies with the 
        requirements of that law;
            (2) the physician is presented with documentation showing 
        with a reasonable degree of certainty that a court in the 
        minor's State of residence has waived any parental notification 
        required by the laws of that State, or has otherwise authorized 
        that the minor be allowed to procure an abortion;
            (3) the minor declares in a signed written statement that 
        she is the victim of sexual abuse, neglect, or physical abuse 
        by a parent, and, before an abortion is performed on the minor, 
        the physician notifies the authorities specified to receive 
        reports of child abuse or neglect by the law of the State in 
        which the minor resides of the known or suspected abuse or 
        neglect;
            (4) the abortion is necessary to save the life of the minor 
        because her life was endangered by a physical disorder, 
        physical injury, or physical illness, including a life 
        endangering physical condition caused by or arising from the 
        pregnancy itself, but an exception under this paragraph does 
        not apply unless the attending physician or an agent of such 
        physician, within 24 hours after completion of the abortion, 
        notifies a parent in writing that an abortion was performed on 
        the minor and of the circumstances that warranted invocation of 
        this paragraph; or
            (5) the minor is physically accompanied by a person who 
        presents the physician or his agent with documentation showing 
        with a reasonable degree of certainty that he or she is in fact 
        the parent of that minor.
    (c) Penalty for Failure To Comply.--
            (1) Civil penalty.--
                    (A) Enforcement by attorney general.--The Attorney 
                General shall commence a civil action in an appropriate 
                district court of the United States under this 
                subsection against any physician who commits a 
                violation of subsection (a).
                    (B) Penalty.--In a civil action under subparagraph 
                (A), the court may, to vindicate the public interest, 
                assess a civil penalty against the physician in an 
                amount--
                            (i) not less than $100,000 and not more 
                        than $150,000, for each such violation that is 
                        adjudicated in the first proceeding against 
                        such physician under this subsection; or
                            (ii) not less than $150,001 and not more 
                        than $250,000, for each such violation that is 
                        adjudicated in a subsequent proceeding against 
                        such physician under this subsection.
                    (C) Notification.--Upon the assessment of a civil 
                penalty under subparagraph (B), the Attorney General 
                shall notify the appropriate State medical licensing 
                authority.
                    (D) No penalties for pregnant women.--A pregnant 
                woman shall not be subject to any penalty under this 
                section.
            (2) Private right of action.--
                    (A) In general.--A parent of a minor upon whom an 
                abortion has been performed or induced in violation of 
                subsection (a) (other than a parent described in 
                subsection (b)(3)) may commence a civil action against 
                the physician for appropriate relief.
                    (B) Appropriate relief.--Appropriate relief in a 
                civil action under this paragraph includes--
                            (i) objectively verifiable money damages 
                        for all injuries, psychological and physical, 
                        occasioned by the violation;
                            (ii) statutory damages equal to 3 times the 
                        cost of the abortion; and
                            (iii) punitive damages.
                    (C) Attorney's fees for plaintiff.--The court shall 
                award a reasonable attorney's fee as part of the costs 
                to a prevailing party in a civil action under this 
                paragraph.
    (d) Definitions.--For the purposes of this section--
            (1) the term ``abortion'' means the use or prescription of 
        any instrument, medicine, drug, or any other substance or 
        device to intentionally--
                    (A) kill the unborn child of a woman known to be 
                pregnant; or
                    (B) terminate the pregnancy of a woman known to be 
                pregnant, with an intention other than--
                            (i) after viability, to produce a live 
                        birth and preserve the life and health of the 
                        child born alive;
                            (ii) to remove a dead unborn child; or
                            (iii) to treat an ectopic pregnancy;
            (2) the term ``actual notice'' means the giving of written 
        notice directly, in person, by the physician or any agent of 
        the physician;
            (3) the term ``constructive notice'' means notice that is 
        given by certified mail, return receipt requested, restricted 
        delivery to the last known address of the person being 
        notified, with delivery deemed to have occurred 48 hours 
        following noon on the next day subsequent to mailing on which 
        regular mail delivery takes place, days on which mail is not 
        delivered excluded;
            (4) the term ``law requiring parental involvement in a 
        minor's abortion decision'' means a law--
                    (A) requiring, before an abortion is performed on a 
                minor, either--
                            (i) the notification to a parent of that 
                        minor; or
                            (ii) proceedings in a State court; and
                    (B) that does not provide as an alternative to the 
                requirements described in subparagraph (A) notification 
                to any person or entity who is not described in that 
                subparagraph;
            (5) the term ``minor'' means an individual who has not 
        attained the age of 18 years and who is not emancipated under 
        the law of the State in which the minor resides;
            (6) the term ``parent'' means--
                    (A) a parent or guardian;
                    (B) a legal custodian; or
                    (C) a person standing in loco parentis who has care 
                and control of the minor, and with whom the minor 
                regularly resides, as determined by State law;
            (7) the term ``physician'' means a doctor of medicine 
        legally authorized to practice medicine by the State in which 
        such doctor practices medicine, or any other person legally 
        empowered under State law to perform an abortion; and
            (8) the term ``State'' includes the District of Columbia 
        and any commonwealth, possession, or other territory of the 
        United States, and any Indian Tribe or reservation.

SEC. 106. MORATORIUM ON FEDERAL FUNDING TO PLANNED PARENTHOOD 
              FEDERATION OF AMERICA, INC.

    (a) In General.--For the one-year period beginning on the date of 
the enactment of this Act, subject to subsection (b), no funds 
authorized or appropriated by Federal law may be made available for any 
purpose to Planned Parenthood Federation of America, Inc., or any 
affiliate or clinic of Planned Parenthood Federation of America, Inc., 
unless such entities certify that Planned Parenthood Federation of 
America affiliates and clinics will not perform, and will not provide 
any funds to any other entity that performs, an abortion during such 
period.
    (b) Exception.--Subsection (a) shall not apply to an abortion--
            (1) if the pregnancy is the result of an act of rape or 
        incest; or
            (2) in the case where a woman suffers from a physical 
        disorder, physical injury, or physical illness that would, as 
        certified by a physician, place the woman in danger of death 
        unless an abortion is performed, including a life-endangering 
        physical condition caused by or arising from the pregnancy 
        itself.
    (c) Repayment.--The Secretary of Health and Human Services and the 
Secretary of Agriculture shall seek repayment of any Federal assistance 
received by Planned Parenthood Federation of America, Inc., or any 
affiliate or clinic of Planned Parenthood Federation of America, Inc., 
if it violates the terms of the certification required by subsection 
(a) during the period specified in subsection (a).

SEC. 107. FUNDING.

    There is authorized to be appropriated, and appropriated, 
$235,000,000 to carry out sections 101, 102, and 103 of this Act, and 
section 3401 of the Public Health Service Act, as added by section 104.

                      TITLE II--GENERAL PROVISIONS

SEC. 201. RULE OF CONSTRUCTION.

    Nothing in this Act shall be construed to reduce overall Federal 
funding available in support of women's health.
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