I 

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. 

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. 

4 This Act may be cited as the ‘‘Health, Opportunity, 

5 Protecting life, Education Act’’ or the ‘‘HOPE Act’’. 

6 SEC. 2. TABLE OF CONTENTS. 

7 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. 


pbinns on DSKJLVW7X2PROD with $$_JOB
2 

•HR 1126 IH

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. 

1 TITLE I—ALTERNATIVES TO 

2 ABORTION 

3 SEC. 101. IMPROVING ACCESS TO PRENATAL TELEHEALTH 

4 CARE. 

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

6 Human Services shall award grants or cooperative agree7 ments to eligible entities to purchase equipment necessary 

8 for carrying out at-home telehealth visits for screening, 

9 monitoring, and management of prenatal and postnatal 

10 care for the purpose of improving maternal and infant 

11 health outcomes, and reducing maternal mortality, by im12 proving access to care in rural areas, frontier counties, 

13 medically underserved areas, or jurisdictions of Indian 

14 Tribes and Tribal organizations. 

15 (b) USE OF FUNDS.—A recipient of a grant under 

16 this section shall use the grant as described in subsection 

17 (a), which may include purchasing or providing equipment 

18 necessary for carrying out at-home telehealth visits (such 

19 as remote physiologic devices and related services, includ20 ing pulse oximeters, blood pressure cuffs, scales, and blood 

21 glucose monitors) to screen, monitor, and manage prenatal 


pbinns on DSKJLVW7X2PROD with $$_JOB
3 

•HR 1126 IH

1 and postnatal care at home by means of telehealth visits 

2 and services for the purpose described in subsection (a). 

3 (c) REPORT TO CONGRESS.—Not later than Sep4 tember 30, 2028, the Secretary shall submit to the Con5 gress a report on activities supported through grants 

6 under this section, including— 

7 (1) a description of the activities conducted 

8 pursuant to such grants; and 

9 (2) an analysis of the effects of such grants on 

10 improving prenatal and postnatal care in areas and 

11 jurisdictions described in subsection (a). 

12 (d) DEFINITIONS.—In this section: 

13 (1) The term ‘‘eligible entity’’ means an entity 

14 providing prenatal care, labor care, birthing, and 

15 postpartum care services in a rural area, a frontier 

16 county, a medically underserved area, or the juris17 diction of an Indian Tribe or Tribal organization. 

18 (2) The term ‘‘frontier county’’ has the mean19 ing given such term in section 

20 1886(d)(3)(E)(iii)(III) of the Social Security Act 

21 (42 U.S.C. 1395ww(d)(3)(E)(iii)(III)). 

22 (3) The terms ‘‘Indian Tribe’’ and ‘‘Tribal or23 ganization’’ have the meanings given to such terms 

24 in section 4 of the Indian Self-Determination and 

25 Education Assistance Act (25 U.S.C. 5304). 


pbinns on DSKJLVW7X2PROD with $$_JOB
4 

•HR 1126 IH

1 (4) The term ‘‘medically underserved area’’ 

2 means a health professional shortage area des3 ignated under section 332 of the Public Health Serv4 ice Act (42 U.S.C. 254e). 

5 (5) The term ‘‘rural area’’ has the meaning 

6 given to such term in section 330J(e) of the Public 

7 Health Service Act (42 U.S.C. 254c–15(e)). 

8 (6) The term ‘‘Secretary’’ means the Secretary 

9 of Health and Human Services. 

10 (e) AUTHORIZATION OF APPROPRIATIONS.—To carry 

11 out this section, there are authorized to be appropriated 

12 such sums as may be necessary for fiscal years 2024 

13 through 2029. 

14 SEC. 102. POSITIVE ALTERNATIVES FOR WOMEN. 

15 (a) PROGRAM AUTHORITY.— 

16 (1) PURPOSE.—The purpose of grants under 

17 this section shall be to support, encourage, and as18 sist women— 

19 (A) to carry their pregnancies to term; and 

20 (B) to care for their babies after birth. 

21 (2) GRANTS.—For the purpose described in 

22 paragraph (1), the Secretary shall award grants to 

23 eligible entities described in subsection (b) to provide 

24 information on, referral to, and direct services as de25 scribed in subsection (c). 


pbinns on DSKJLVW7X2PROD with $$_JOB
5 

•HR 1126 IH

1 (b) ELIGIBILITY.— 

2 (1) ELIGIBLE ENTITIES.—To be eligible for a 

3 grant under this section, an entity shall— 

4 (A) be a nonprofit organization; 

5 (B) support, encourage, and assist women 

6 as described in subsection (a)(1); 

7 (C) agree to be subject to such monitoring 

8 and review as the Secretary may require under 

9 subsection (g); 

10 (D) agree to not charge women for services 

11 provided through the grant; 

12 (E) provide each pregnant woman coun13 seled through the grant with accurate informa14 tion on the developmental characteristics of ba15 bies and of unborn children, including offering 

16 printed information; and 

17 (F) have a privacy policy and procedures 

18 in place to ensure that— 

19 (i) the name, address, telephone num20 ber, or any other information that might 

21 identify any woman seeking services sup22 ported through the grant is not made pub23 lic or shared with any other entity without 

24 the written consent of the woman; and 


pbinns on DSKJLVW7X2PROD with $$_JOB
6 

•HR 1126 IH

1 (ii) the grantee adheres to require2 ments comparable to those applicable 

3 under the HIPAA privacy regulation (as 

4 defined in section 1180(b)(3) of the Social 

5 Security Act (42 U.S.C. 1320d–9)) to cov6 ered entities (as defined for purposes of 

7 such regulation). 

8 (2) INELIGIBLE ENTITIES.—An entity shall be 

9 ineligible to receive a grant under this section if the 

10 entity or any affiliate, subsidiary, successor, or clinic 

11 thereof— 

12 (A) performs, induces, refers for, or coun13 sels in favor of abortions; or 

14 (B) provides financial support to any other 

15 entity that conducts any activity described in 

16 subparagraph (A). 

17 (3) FINANCIAL RECORDS.—As a condition on 

18 receipt of a grant under this section, an eligible enti19 ty shall agree to maintain and make available to the 

20 Secretary records, including financial records, that 

21 demonstrate that the entity satisfies the require22 ments of paragraph (1) and is not ineligible by oper23 ation of paragraph (2). 

24 (c) COVERED SERVICES.— 


pbinns on DSKJLVW7X2PROD with $$_JOB
7 

•HR 1126 IH

1 (1) REQUIRED INFORMATION AND REFER2 RAL.—For the purpose described in subsection 

3 (a)(1), an eligible entity receiving a grant under this 

4 section shall use the grant to provide information 

5 on, and referral to, each of the following services: 

6 (A) Medical care. 

7 (B) Nutritional services. 

8 (C) Housing assistance. 

9 (D) Adoption services. 

10 (E) Education and employment assistance, 

11 including services that support the continuation 

12 and completion of high school. 

13 (F) Child care assistance. 

14 (G) Parenting education and support serv15 ices. 

16 (H) Voluntary substance abuse counseling 

17 and treatment. 

18 (2) PERMISSIBLE DIRECT PROVISION OF SERV19 ICES.—For the purpose described in subsection 

20 (a)(1), in addition to using a grant under this sec21 tion as described in paragraph (1), an eligible entity 

22 receiving a grant under this section may use the 

23 grant for the direct provision of one or more services 

24 listed in paragraph (1). 


pbinns on DSKJLVW7X2PROD with $$_JOB
8 

•HR 1126 IH

1 (d) PROHIBITED USES OF FUNDS.—None of the 

2 funds made available under this section shall be used— 

3 (1) for health benefits coverage that includes 

4 coverage of abortion; 

5 (2) for providing or assisting a woman to obtain 

6 adoption services from a provider of adoption serv7 ices that is not licensed; and 

8 (3) for any of the activities described in sub9 section (b)(2). 

10 (e) APPROVAL OF INFORMATION AS MEDICALLY AC11 CURATE.—As a condition on the receipt of a grant under 

12 this section, an eligible entity shall refrain from providing 

13 any information pursuant to the grant on the health risks 

14 associated with abortions other than information that has 

15 been approved by the Secretary as medically accurate. 

16 (f) CONSIDERATION.—In selecting the recipients of 

17 grants under this section, the Secretary shall consider 

18 each applicant’s demonstrated capacity in providing serv19 ices to assist a pregnant woman in carrying her pregnancy 

20 to term. 

21 (g) MONITORING AND REVIEW.—The Secretary 

22 shall— 

23 (1) monitor and review each program funded 

24 through a grant under this section to ensure that 

25 the grantee carefully adheres to— 


pbinns on DSKJLVW7X2PROD with $$_JOB
9 

•HR 1126 IH

1 (A) the purpose described in subsection 

2 (a)(1); and 

3 (B) the requirements of this section; and 

4 (2) cease to fund a program under this section 

5 if the grantee fails to adhere to such purpose and re6 quirements. 

7 (h) DEFINITIONS.—In this section: 

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

9 the use or prescription of any instrument, medicine, 

10 drug, or any other substance or device to inten11 tionally— 

12 (A) kill the unborn child of a woman 

13 known to be pregnant; or 

14 (B) terminate the pregnancy of a woman 

15 known to be pregnant, with an intention other 

16 than— 

17 (i) after viability, to produce a live 

18 birth and preserve the life and health of 

19 the child born alive; 

20 (ii) to remove a dead unborn child; or 

21 (iii) to treat an ectopic pregnancy. 

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

23 the Secretary of Health and Human Services. 

24 (i) AUTHORIZATION OF APPROPRIATIONS.—To carry 

25 out this section, there are authorized to be appropriated 


pbinns on DSKJLVW7X2PROD with $$_JOB
10 

•HR 1126 IH

1 such sums as may be necessary for fiscal years 2024 

2 through 2029. 

3 SEC. 103. EDUCATED DECISIONS ON MATERNAL HEALTH. 

4 (a) IN GENERAL.— 

5 (1) REQUIREMENT OF COMPLIANCE BY PRO6 VIDERS.—Any abortion provider, acting in or affect7 ing interstate or foreign commerce, who knowingly 

8 performs, or attempts to perform, any abortion shall 

9 comply with the requirements of this section. 

10 (2) REVIEW OF MEDICAL RISKS AND UNBORN

11 HEALTH STATUS.—An abortion provider who intends 

12 to perform, or attempt to perform, an abortion may 

13 not perform any part of the abortion procedure with14 out first obtaining a signed Informed Consent Au15 thorization form in accordance with this subsection. 

16 (3) INFORMED CONSENT AUTHORIZATION

17 FORM.— 

18 (A) IN GENERAL.—The Informed Consent 

19 Authorization form required under this sub20 section shall— 

21 (i) be presented in person by the abor22 tion provider 24 hours prior to performing, 

23 or attempting to perform, the abortion to 

24 the woman seeking the abortion; and 

25 (ii) consist of— 


pbinns on DSKJLVW7X2PROD with $$_JOB
11 

•HR 1126 IH

1 (I) a statement, in easily under2 standable common language, by the 

3 abortion provider indicating— 

4 (aa) the probable gestational 

5 age, in completed days, of the 

6 child; 

7 (bb) all medical risks associ8 ated with the specific abortion 

9 procedure; and 

10 (cc) the major developmental 

11 characteristics of unborn children 

12 at such gestational age, including 

13 the presence of a heartbeat, the 

14 ability to react to painful stimuli, 

15 and the development of organs, 

16 fingers, and facial features; 

17 (II) a statement, in easily under18 standable common language, that the 

19 requirements of this subsection are 

20 binding upon the abortion provider 

21 and all other medical personnel, that 

22 such abortion providers and medical 

23 personnel are subject to criminal and 

24 civil penalties for violations of these 

25 requirements, and that a woman on 


pbinns on DSKJLVW7X2PROD with $$_JOB
12 

•HR 1126 IH

1 whom an abortion has been performed 

2 may take civil action if these require3 ments are not followed; and 

4 (III) an affirmation that each in5 dividual signing the Informed Consent 

6 Authorization form has filled out the 

7 form to the best of his or her knowl8 edge and understands the information 

9 contained in the form. 

10 (B) SIGNATORIES REQUIRED.—The In11 formed Consent Authorization form required 

12 under this subsection shall be signed in person 

13 by the woman seeking the abortion, the abor14 tion provider performing or attempting to per15 form the abortion, and a witness. 

16 (C) RETENTION OF CONSENT FORM.—The 

17 abortion provider performing or attempting to 

18 perform an abortion shall retain the signed In19 formed Consent Authorization form required 

20 under this subsection in the patient’s medical 

21 file. 

22 (D) REQUIREMENT FOR DATA RETEN23 TION.—Paragraph (j)(2) of section 164.530 of 

24 title 45, Code of Federal Regulations, shall 

25 apply to the Informed Consent Authorization 


pbinns on DSKJLVW7X2PROD with $$_JOB
13 

•HR 1126 IH

1 form required to be placed in a patient’s med2 ical file pursuant to subparagraph (C) in the 

3 same manner and to the same extent as such 

4 paragraph applies to documentation required by 

5 paragraph (j)(1) of such section. 

6 (E) COPY OF FORM.—A copy of the signed 

7 Informed Consent Authorization required under 

8 this subsection shall be provided to the woman 

9 seeking an abortion. 

10 (4) EXCEPTIONS.—The requirements of this 

11 subsection shall not apply if, in reasonable medical 

12 judgment, compliance with paragraph (2) would pose 

13 a greater risk of— 

14 (A) the death of the pregnant woman; or 

15 (B) the substantial and irreversible phys16 ical impairment of a major bodily function, not 

17 including psychological or emotional conditions, 

18 of the pregnant woman. 

19 (b) PENALTY FOR FAILURE TO COMPLY.— 

20 (1) CIVIL PENALTY.— 

21 (A) ENFORCEMENT BY ATTORNEY GEN22 ERAL.—The Attorney General shall commence 

23 a civil action in an appropriate district court of 

24 the United States under this subsection against 


pbinns on DSKJLVW7X2PROD with $$_JOB
14 

•HR 1126 IH

1 any abortion provider who knowingly commits a 

2 violation of subsection (a). 

3 (B) PENALTY.—In a civil action under 

4 subparagraph (A), the court may, to vindicate 

5 the public interest, assess a civil penalty against 

6 the abortion provider in an amount— 

7 (i) not less than $100,000 and not 

8 more than $150,000, for each such viola9 tion that is adjudicated in the first pro10 ceeding against such abortion provider 

11 under this subsection; or 

12 (ii) not less than $150,001 and not 

13 more than $250,000, for each such viola14 tion that is adjudicated in a subsequent 

15 proceeding against such abortion provider 

16 under this subsection. 

17 (C) NOTIFICATION.—Upon the assessment 

18 of a civil penalty under subparagraph (B), the 

19 Attorney General shall notify the appropriate 

20 State medical licensing authority. 

21 (D) NO PENALTIES FOR PREGNANT

22 WOMEN.—A pregnant woman shall not be sub23 ject to any penalty under this section. 

24 (2) PRIVATE RIGHT OF ACTION.— 


pbinns on DSKJLVW7X2PROD with $$_JOB
15 

•HR 1126 IH

1 (A) IN GENERAL.—A woman or a parent 

2 of a minor upon whom an abortion has been 

3 performed in violation of subsection (a) may 

4 commence a civil action against the abortion 

5 provider for appropriate relief. 

6 (B) APPROPRIATE RELIEF.—Appropriate 

7 relief in a civil action under this paragraph in8 cludes— 

9 (i) objectively verifiable money dam10 ages for all injuries, psychological and 

11 physical, occasioned by the violation; 

12 (ii) statutory damages equal to 3 

13 times the cost of the abortion; and 

14 (iii) punitive damages. 

15 (C) ATTORNEY’S FEES FOR PLAINTIFF.— 

16 The court shall award a reasonable attorney’s 

17 fee as part of the costs to a prevailing plaintiff 

18 in a civil action under this paragraph. 

19 (D) ATTORNEY’S FEES FOR DEFEND20 ANT.—If a defendant in a civil action under 

21 this paragraph prevails and the court finds that 

22 the plaintiff’s suit was frivolous, the court shall 

23 award a reasonable attorney’s fee in favor of 

24 the defendant against the plaintiff. 


pbinns on DSKJLVW7X2PROD with $$_JOB
16 

•HR 1126 IH

1 (E) AWARDS AGAINST WOMAN.—In any 

2 civil action under this paragraph, no damages 

3 or other monetary relief, and no attorney’s fees 

4 except as provided under subparagraph (D), 

5 may be assessed against the woman upon whom 

6 the abortion was performed or attempted. 

7 (c) PREEMPTION.—Nothing in this title or the 

8 amendments made by this title shall be construed to pre9 empt any provision of State law to the extent that such 

10 State law establishes, implements, or continues in effect 

11 disclosure requirements regarding abortion or penalties 

12 for failure to comply with such requirements that are more 

13 extensive than those provided under the amendment made 

14 by this title. 

15 (d) RULE OF CONSTRUCTION.—Nothing in this title 

16 shall be construed to prohibit an abortion provider from 

17 presenting the information required under subsection (a) 

18 to a pregnant woman at the same time as acquiring in19 formed consent for an abortion from such woman in ac20 cordance with State law, provided that the presentation 

21 of such information occurs at least 24 hours before the 

22 abortion. 

23 (e) DEFINITIONS.—In this section: 

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

25 the use or prescription of any instrument, medicine, 


pbinns on DSKJLVW7X2PROD with $$_JOB
17 

•HR 1126 IH

1 drug, or any other substance or device to inten2 tionally— 

3 (A) kill the unborn child of a woman 

4 known to be pregnant; or 

5 (B) terminate the pregnancy of a woman 

6 known to be pregnant, with an intention other 

7 than— 

8 (i) after viability, to produce a live 

9 birth and preserve the life and health of 

10 the child born alive; 

11 (ii) to remove a dead unborn child; or 

12 (iii) to treat an ectopic pregnancy. 

13 (2) ABORTION PROVIDER.—The term ‘‘abortion 

14 provider’’ means a person— 

15 (A) licensed to practice medicine and sur16 gery or osteopathic medicine and surgery; or 

17 (B) otherwise legally authorized to perform 

18 an abortion. 

19 (3) ATTEMPT.—The term ‘‘attempt’’, with re20 spect to an abortion, means conduct that, under the 

21 circumstances as the actor believes them to be, con22 stitutes a substantial step in a course of conduct 

23 planned to culminate in performing an abortion. 

24 (4) MINOR.—The term ‘‘minor’’ means an indi25 vidual who has not attained the age of 18 years. 


pbinns on DSKJLVW7X2PROD with $$_JOB
18 

•HR 1126 IH

1 (5) PERFORM.—The term ‘‘perform’’, with re2 spect to an abortion, includes inducing an abortion 

3 through a medical or chemical intervention including 

4 writing a prescription for a drug or device intended 

5 to result in an abortion. 

6 (6) REASONABLE MEDICAL JUDGMENT.—The 

7 term ‘‘reasonable medical judgment’’ means a med8 ical judgment that would be made by a reasonably 

9 prudent abortion provider, knowledgeable about the 

10 case and the treatment possibilities with respect to 

11 the medical conditions involved. 

12 (7) UNBORN CHILD.—The term ‘‘unborn child’’ 

13 means an individual organism of the species homo 

14 sapiens, beginning at fertilization, until the point of 

15 being born alive as defined in section 8(b) of title 1, 

16 United States Code. 

17 (8) WOMAN.—The term ‘‘woman’’ means a fe18 male human being whether or not she has reached 

19 the age of majority. 

20 SEC. 104. LIFE.GOV: AWARENESS FOR EXPECTING MOTH21 ERS. 

22 The Public Health Service Act (42 U.S.C. 201 et 

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


pbinns on DSKJLVW7X2PROD with $$_JOB
19 

•HR 1126 IH

1 ‘‘TITLE XXXIV—AWARENESS FOR 

2 EXPECTING MOTHERS 

3 ‘‘SEC. 3401. WEBSITE AND PORTAL. 

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

5 of enactment of this section, the Secretary shall publish 

6 a user-friendly public website, life.gov, to provide a com7 prehensive list of Federal, State, local governmental, and 

8 private resources available to pregnant women including— 

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

10 pregnancy counseling, and other prepartum and 

11 postpartum services; 

12 ‘‘(2) comprehensive information on alternatives 

13 to abortion; 

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

15 complications and failures; and 

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

17 from moment of conception. 

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

19 of enactment of this section, the Secretary shall publish 

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

21 and Human Services that— 

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

23 specific tailored information to the user on what 

24 pregnancy-related information they are looking for, 

25 such as— 


pbinns on DSKJLVW7X2PROD with $$_JOB
20 

•HR 1126 IH

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

2 and private resources that may be available to 

3 the woman within her ZIP Code, including the 

4 resources specified in subsection (c); and 

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

6 of fetal gestation; and 

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

8 how user-friendly and helpful the portal was in pro9 viding the tailored information the user was seeking. 

10 ‘‘(c) RESOURCES.—The Federal, State, local govern11 mental, and private resources specified in this subsection 

12 are the following: 

13 ‘‘(1) Mentorship opportunities, including preg14 nancy help and case management resources. 

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

16 women’s medical services such as obstetrical and 

17 gynecological support services for women, abortion 

18 pill reversal, breastfeeding, general health services, 

19 primary care, and dental care. 

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

21 nutrition assistance, childcare, and education oppor22 tunities. 

23 ‘‘(4) Material or legal support, including trans24 portation, food, nutrition, clothing, household goods, 

25 baby supplies, housing, shelters, maternity homes, 


pbinns on DSKJLVW7X2PROD with $$_JOB
21 

•HR 1126 IH

1 tax preparation, legal support for child support, 

2 family leave, breastfeeding protections, and custody 

3 issues. 

4 ‘‘(5) Recovery and mental health services, in5 cluding services with respect to addiction or suicide 

6 intervention, intimate partner violence, sexual as7 sault, rape, sex trafficking, and counseling for 

8 women and families surrounding unexpected loss of 

9 a child. 

10 ‘‘(6) Prenatal diagnostic services, including dis11 ability support organizations, medical interventions 

12 for a baby, perinatal hospice resources, pregnancy 

13 and infant loss support, and literature on pregnancy 

14 wellness. 

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

16 survivors and their families. 

17 ‘‘(8) Services providing care for children, in18 cluding family planning education, adoption, foster 

19 care, and short-term care resources. 

20 ‘‘(d) ADMINISTRATION.—The Secretary may not del21 egate implementation or administration of the portal es22 tablished under subsection (b) below the level of the Office 

23 of the Secretary. 

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

25 plan under which— 


pbinns on DSKJLVW7X2PROD with $$_JOB
22 

•HR 1126 IH

1 ‘‘(1) the Secretary includes in the portal estab2 lished under subsection (b), a mechanism for users 

3 of the portal to take an assessment through the por4 tal and provide consent to use the user’s contact in5 formation; 

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

7 or email to follow up with users of the portal estab8 lished under subsection (b) on additional resources 

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

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

11 specific information, after learning of the additional 

12 resources through the portal, agents of the Depart13 ment of Health and Human Services make every ef14 fort to furnish specific information to such user in 

15 coordination with Federal, State, local governmental, 

16 and private health care providers and resources. 

17 ‘‘(f) RESOURCE LIST AGGREGATION.— 

18 ‘‘(1) IN GENERAL.—Pursuant to criteria devel19 oped in subsection (e)(2), each State shall provide 

20 recommendations of State, local governmental, and 

21 private resources under subsection (b)(1)(A) to in22 clude in the portal. 

23 ‘‘(2) CRITERIA FOR MAKING RECOMMENDA24 TIONS.—The Secretary shall develop, and make pub25 lic, criteria to provide to the States to determine 


pbinns on DSKJLVW7X2PROD with $$_JOB
23 

•HR 1126 IH

1 whether resources recommended as described in 

2 paragraph (1) for inclusion in the portal can appear 

3 in the portal. Such criteria shall include the require4 ment that the resource provider is not a prohibited 

5 entity and the requirement that the resource pro6 vider has been engaged in providing services for a 

7 minimum of 3 consecutive years. The Secretary shall 

8 establish a process for a resource provider to appeal 

9 a decision on inclusion. 

10 ‘‘(3) GRANT PROGRAM.— 

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

12 provide grants to States to establish or support 

13 a system that aggregates the resources de14 scribed in subsection (b)(1)(A), in accordance 

15 with the criteria developed under paragraph 

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

17 determined appropriate by the State, by a 

18 statewide, regionally based, or community-based 

19 public entity or private nonprofit. 

20 ‘‘(B) APPLICATIONS.—To be eligible to re21 ceive a grant under subparagraph (A), a State 

22 shall submit an application to the Secretary at 

23 such time, in such manner, and containing such 

24 information as the Secretary may require, in25 cluding a plan for outreach and awareness acVerDate Sep 11 2014 23:42 Mar 14, 2023 Jkt 039200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\H1126.IH H1126

pbinns on DSKJLVW7X2PROD with $$_JOB
24 

•HR 1126 IH

1 tivities, and a list of service providers that 

2 would be included in the State system sup3 ported by the grant. 

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

5 Secretary shall ensure that the Maternal Mental Health 

6 Hotline of the Health Resources and Services Administra7 tion— 

8 ‘‘(1) disseminates information regarding, and 

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

10 in subsections (a) and (b); 

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

12 State and community in the Nation; and 

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

14 to connect individuals to the information the portal 

15 hosts. 

16 ‘‘(h) PROHIBITION REGARDING CERTAIN ENTI17 TIES.—The resources listed on the life.gov website, and 

18 made available through the portal and hotline established 

19 under this section may not include any resource offered 

20 by a prohibited entity. 

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

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

23 access to services for families who speak languages other 

24 than English. 

25 ‘‘(j) PRIVACY PROTECTION.— 


pbinns on DSKJLVW7X2PROD with $$_JOB
25 

•HR 1126 IH

1 ‘‘(1) Any entity providing resources under this 

2 title must have a privacy policy and procedures in 

3 place to ensure that the name, address, telephone 

4 number, or any other information that might iden5 tify any woman seeking the services of the program 

6 is not made public or shared with any other agency 

7 or organization without the written consent of the 

8 woman. All communications between the resource 

9 and the woman must remain confidential and any 

10 entity providing resources shall adhere to require11 ments comparable to those applicable under the 

12 HIPAA privacy regulation (as defined in section 

13 1180(b)(3) of the Social Security Act) to covered en14 tities (as defined for purposes of such regulation). 

15 ‘‘(2) Notwithstanding paragraph (1), the Sec16 retary has access to any information necessary to 

17 monitor and review a grantee’s program as required 

18 under subsection (k). 

19 ‘‘(k) REPORTING REQUIREMENTS.— 

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

21 after the date on which the life.gov website and por22 tal are established under subsection (a), the Sec23 retary shall submit to Congress a report on— 

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

25 interactive portal; 


pbinns on DSKJLVW7X2PROD with $$_JOB
26 

•HR 1126 IH

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 ‘‘(l) DEFINITIONS.—In this section: 

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

18 the use or prescription of any instrument, medicine, 

19 drug, or any other substance or device to inten20 tionally— 

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

22 known to be pregnant; or 

23 ‘‘(B) terminate the pregnancy of a woman 

24 known to be pregnant, with an intention other 

25 than— 


pbinns on DSKJLVW7X2PROD with $$_JOB
27 

•HR 1126 IH

1 ‘‘(i) after viability, to produce a live 

2 birth and preserve the life and health of 

3 the child born alive; 

4 ‘‘(ii) to remove a dead unborn child; 

5 or 

6 ‘‘(iii) to treat an ectopic pregnancy. 

7 ‘‘(2) BORN ALIVE.—The term ‘born alive’ has 

8 the meaning given such term in section 8(b) of title 

9 1, United States Code. 

10 ‘‘(3) PROHIBITED ENTITY.—The term ‘prohib11 ited entity’ means an entity, including its affiliates, 

12 subsidiaries, successors, and clinics that performs, 

13 induces, refers for, or counsels in favor of abortions, 

14 or provides financial support to any other organiza15 tion that conducts such activities. 

16 ‘‘(4) UNBORN CHILD.—The term ‘unborn child’ 

17 means an individual organism of the species homo 

18 sapiens, beginning at fertilization, until the point of 

19 being born alive.’’. 

20 SEC. 105. PARENTAL NOTIFICATION. 

21 (a) REQUIREMENT.—Any physician who, in or affect22 ing interstate or foreign commerce, performs or induces 

23 an abortion on a minor shall provide, or cause his or her 

24 agent to provide— 


pbinns on DSKJLVW7X2PROD with $$_JOB
28 

•HR 1126 IH

1 (1) at least 24 hours of actual notice to a par2 ent of the minor before performing or inducing the 

3 abortion; or 

4 (2) at least 48 hours of constructive notice to 

5 a parent of the minor before performing or inducing 

6 the abortion. 

7 (b) EXCEPTIONS.—The notification requirement of 

8 subsection (a) does not apply if— 

9 (1) the abortion is performed or induced in a 

10 State that has, in force, a law requiring parental in11 volvement in a minor’s abortion decision and the 

12 physician complies with the requirements of that 

13 law; 

14 (2) the physician is presented with documenta15 tion showing with a reasonable degree of certainty 

16 that a court in the minor’s State of residence has 

17 waived any parental notification required by the laws 

18 of that State, or has otherwise authorized that the 

19 minor be allowed to procure an abortion; 

20 (3) the minor declares in a signed written state21 ment that she is the victim of sexual abuse, neglect, 

22 or physical abuse by a parent, and, before an abor23 tion is performed on the minor, the physician noti24 fies the authorities specified to receive reports of 

25 child abuse or neglect by the law of the State in 


pbinns on DSKJLVW7X2PROD with $$_JOB
29 

•HR 1126 IH

1 which the minor resides of the known or suspected 

2 abuse or neglect; 

3 (4) the abortion is necessary to save the life of 

4 the minor because her life was endangered by a 

5 physical disorder, physical injury, or physical illness, 

6 including a life endangering physical condition 

7 caused by or arising from the pregnancy itself, but 

8 an exception under this paragraph does not apply 

9 unless the attending physician or an agent of such 

10 physician, within 24 hours after completion of the 

11 abortion, notifies a parent in writing that an abor12 tion was performed on the minor and of the cir13 cumstances that warranted invocation of this para14 graph; or 

15 (5) the minor is physically accompanied by a 

16 person who presents the physician or his agent with 

17 documentation showing with a reasonable degree of 

18 certainty that he or she is in fact the parent of that 

19 minor. 

20 (c) PENALTY FOR FAILURE TO COMPLY.— 

21 (1) CIVIL PENALTY.— 

22 (A) ENFORCEMENT BY ATTORNEY GEN23 ERAL.—The Attorney General shall commence 

24 a civil action in an appropriate district court of 

25 the United States under this subsection against 


pbinns on DSKJLVW7X2PROD with $$_JOB
30 

•HR 1126 IH

1 any physician who commits a violation of sub2 section (a). 

3 (B) PENALTY.—In a civil action under 

4 subparagraph (A), the court may, to vindicate 

5 the public interest, assess a civil penalty against 

6 the physician in an amount— 

7 (i) not less than $100,000 and not 

8 more than $150,000, for each such viola9 tion that is adjudicated in the first pro10 ceeding against such physician under this 

11 subsection; or 

12 (ii) not less than $150,001 and not 

13 more than $250,000, for each such viola14 tion that is adjudicated in a subsequent 

15 proceeding against such physician under 

16 this subsection. 

17 (C) NOTIFICATION.—Upon the assessment 

18 of a civil penalty under subparagraph (B), the 

19 Attorney General shall notify the appropriate 

20 State medical licensing authority. 

21 (D) NO PENALTIES FOR PREGNANT

22 WOMEN.—A pregnant woman shall not be sub23 ject to any penalty under this section. 

24 (2) PRIVATE RIGHT OF ACTION.— 


pbinns on DSKJLVW7X2PROD with $$_JOB
31 

•HR 1126 IH

1 (A) IN GENERAL.—A parent of a minor 

2 upon whom an abortion has been performed or 

3 induced in violation of subsection (a) (other 

4 than a parent described in subsection (b)(3)) 

5 may commence a civil action against the physi6 cian for appropriate relief. 

7 (B) APPROPRIATE RELIEF.—Appropriate 

8 relief in a civil action under this paragraph in9 cludes— 

10 (i) objectively verifiable money dam11 ages for all injuries, psychological and 

12 physical, occasioned by the violation; 

13 (ii) statutory damages equal to 3 

14 times the cost of the abortion; and 

15 (iii) punitive damages. 

16 (C) ATTORNEY’S FEES FOR PLAINTIFF.— 

17 The court shall award a reasonable attorney’s 

18 fee as part of the costs to a prevailing party in 

19 a civil action under this paragraph. 

20 (d) DEFINITIONS.—For the purposes of this sec21 tion— 

22 (1) the term ‘‘abortion’’ means the use or pre23 scription of any instrument, medicine, drug, or any 

24 other substance or device to intentionally— 


pbinns on DSKJLVW7X2PROD with $$_JOB
32 

•HR 1126 IH

1 (A) kill the unborn child of a woman 

2 known to be pregnant; or 

3 (B) terminate the pregnancy of a woman 

4 known to be pregnant, with an intention other 

5 than— 

6 (i) after viability, to produce a live 

7 birth and preserve the life and health of 

8 the child born alive; 

9 (ii) to remove a dead unborn child; or 

10 (iii) to treat an ectopic pregnancy; 

11 (2) the term ‘‘actual notice’’ means the giving 

12 of written notice directly, in person, by the physician 

13 or any agent of the physician; 

14 (3) the term ‘‘constructive notice’’ means notice 

15 that is given by certified mail, return receipt re16 quested, restricted delivery to the last known ad17 dress of the person being notified, with delivery 

18 deemed to have occurred 48 hours following noon on 

19 the next day subsequent to mailing on which regular 

20 mail delivery takes place, days on which mail is not 

21 delivered excluded; 

22 (4) the term ‘‘law requiring parental involve23 ment in a minor’s abortion decision’’ means a law— 

24 (A) requiring, before an abortion is per25 formed on a minor, either— 


pbinns on DSKJLVW7X2PROD with $$_JOB
33 

•HR 1126 IH

1 (i) the notification to a parent of that 

2 minor; or 

3 (ii) proceedings in a State court; and 

4 (B) that does not provide as an alternative 

5 to the requirements described in subparagraph 

6 (A) notification to any person or entity who is 

7 not described in that subparagraph; 

8 (5) the term ‘‘minor’’ means an individual who 

9 has not attained the age of 18 years and who is not 

10 emancipated under the law of the State in which the 

11 minor resides; 

12 (6) the term ‘‘parent’’ means— 

13 (A) a parent or guardian; 

14 (B) a legal custodian; or 

15 (C) a person standing in loco parentis who 

16 has care and control of the minor, and with 

17 whom the minor regularly resides, as deter18 mined by State law; 

19 (7) the term ‘‘physician’’ means a doctor of 

20 medicine legally authorized to practice medicine by 

21 the State in which such doctor practices medicine, or 

22 any other person legally empowered under State law 

23 to perform an abortion; and 

24 (8) the term ‘‘State’’ includes the District of 

25 Columbia and any commonwealth, possession, or 


pbinns on DSKJLVW7X2PROD with $$_JOB
34 

•HR 1126 IH

1 other territory of the United States, and any Indian 

2 Tribe or reservation. 

3 SEC. 106. MORATORIUM ON FEDERAL FUNDING TO 

4 PLANNED PARENTHOOD FEDERATION OF 

5 AMERICA, INC. 

6 (a) IN GENERAL.—For the one-year period beginning 

7 on the date of the enactment of this Act, subject to sub8 section (b), no funds authorized or appropriated by Fed9 eral law may be made available for any purpose to Planned 

10 Parenthood Federation of America, Inc., or any affiliate 

11 or clinic of Planned Parenthood Federation of America, 

12 Inc., unless such entities certify that Planned Parenthood 

13 Federation of America affiliates and clinics will not per14 form, and will not provide any funds to any other entity 

15 that performs, an abortion during such period. 

16 (b) EXCEPTION.—Subsection (a) shall not apply to 

17 an abortion— 

18 (1) if the pregnancy is the result of an act of 

19 rape or incest; or 

20 (2) in the case where a woman suffers from a 

21 physical disorder, physical injury, or physical illness 

22 that would, as certified by a physician, place the 

23 woman in danger of death unless an abortion is per24 formed, including a life-endangering physical condi25 tion caused by or arising from the pregnancy itself. 


pbinns on DSKJLVW7X2PROD with $$_JOB
35 

•HR 1126 IH

1 (c) REPAYMENT.—The Secretary of Health and 

2 Human Services and the Secretary of Agriculture shall 

3 seek repayment of any Federal assistance received by 

4 Planned Parenthood Federation of America, Inc., or any 

5 affiliate or clinic of Planned Parenthood Federation of 

6 America, Inc., if it violates the terms of the certification 

7 required by subsection (a) during the period specified in 

8 subsection (a). 

9 SEC. 107. FUNDING. 

10 There is authorized to be appropriated, and appro11 priated, $235,000,000 to carry out sections 101, 102, and 

12 103 of this Act, and section 3401 of the Public Health 

13 Service Act, as added by section 104. 

14 TITLE II—GENERAL PROVISIONS 

15 SEC. 201. RULE OF CONSTRUCTION. 

16 Nothing in this Act shall be construed to reduce over17 all Federal funding available in support of women’s health. 

Æ 


pbinns on DSKJLVW7X2PROD with $$_JOB