Protect Sexual and Reproductive Health Act of 2023

To establish the Office of Sexual and Reproductive Health and Well-Being within the Department of Health and Human Services, to generate a whole-of-government approach to protecting and affirming sexual and reproductive rights, and for other purposes. 1. Short title This Act may be cited as the Protect Sexual and Reproductive Health Act of 2023 2. Sexual and reproductive health and well-being; reproductive justice and equity grant program (a) In general The Public Health Service Act ( 42 U.S.C. 201 et seq. 42 U.S.C. 300mm et seq. XXXIV Sexual and Reproductive Health and Well-Being 3401. Office of Sexual and Reproductive Health and Well-Being (a) Establishment The Office of Population Affairs in the Department of Health and Human Services is hereby redesignated as the Office of Sexual and Reproductive Health and Well-Being (in this section referred to as the Office Director (b) Responsibilities The Director shall have responsibility for overseeing activities that promote sexual and reproductive health and well-being, including— (1) funding, conducting, and publicly disseminating the findings of, research on policies, programs, infrastructure, and other investments that serve to protect and increase access to services related to sexual and reproductive health and well-being; (2) not later than 1 year after the date of enactment of this title, developing a national strategy to promote sexual and reproductive health and well-being, to be known as the Sexual and Reproductive Health and Well-Being Strategy (in this section referred to as the SRHW Strategy (3) coordinating implementation of the SRHW Strategy by— (A) coordinating among Federal departments and agencies, including the Interagency Task Force on Sexual and Reproductive Health and Well-Being established under section 3402; (B) assessing Federal regulations and programs funded by the Federal Government with respect to sexual and reproductive health and well-being to ensure that such regulations and programs are consistent with the SRHW Strategy; (C) providing to the public updates, findings, and recommendations on sexual and reproductive health services collected from the reports made by recipients of grants under section 3403; (D) leading activities to engage the public, including publicly available listening sessions with affected communities; (E) coordinating with other Federal departments and agencies, as appropriate, to develop guidelines and recommendations for health care providers to implement best practices for protecting sexual and reproductive health and well-being; (F) supporting and helping to coordinate interagency initiatives that advance, streamline, and otherwise implement research programs, services, and activities that protect and increase access to sexual and reproductive health and well-being; (G) administering grant programs that support State governments, local governments, and community-based organizations in protecting and increasing access to sexual and reproductive health and well-being research programs, services, and activities; and (H) consulting with the Attorney General and the Chair of the Federal Trade Commission to develop strategies to— (i) protect consumers’ privacy when seeking provision of, or information about, sexual and reproductive health care services; and (ii) strengthen the protection of sensitive information related to sexual and reproductive health care services and bolster patient-provider confidentiality; (4) carrying out community outreach programs to— (A) inform local communities about the Office; and (B) notify potential grants recipients of funding opportunities; and (5) submitting to Congress reports in accordance with subsection (d). (c) SRHW Strategy requirements (1) Content The SRHW Strategy shall— (A) identify areas to develop and implement a sexual and reproductive health framework that moves beyond a biomedical model of health to include services with respect to health, well-being, economic stability, and freedom from discrimination; (B) include recommendations— (i) to integrate sexual and reproductive health equity and reproductive justice into processes and policies used, and programs provided, by Federal agencies; (ii) to remove Federal barriers to full reproductive autonomy; and (iii) to support patient-centered care models in hospitals, Federally qualified health centers, and entities eligible to receive funds under title X; (C) with respect to the recommendations under subparagraph (B), include goals that are comprehensive, research-based, and long-range; and (D) include short-term measurable goals to promote sexual and reproductive health and well-being that may be realistically achieved. (2) Consultation In developing the SRHW Strategy, the Director shall consult with— (A) patients and communities; (B) State and local governments; and (C) nonprofit and nongovernmental entities and community-based organizations. (d) Reports Not later than 18 months after the date of enactment of this section, and on an annual basis thereafter, the Director shall submit to the Committee on Energy and Commerce and the Committee on Appropriations of the House of Representatives and the Committee on Health, Education, Labor, and Pensions and the Committee on Appropriations of the Senate, and post on the website of the Office, a report containing— (1) a summary of the state of sexual and reproductive health and well-being in the United States; (2) a description of the effectiveness of the SRHW Strategy, including a summary of plans for implementing Federal policy recommendations; and (3) a detailed description of the actions taken by Federal agencies to implement the SRHW Strategy. (e) Definitions In this section: (1) Patient-centered care The term patient-centered care (A) the health needs and desired health outcomes of a patient are the driving force behind all health care decisions and quality measurements; and (B) patients are partners with health care providers and such providers consider, with respect to a patient, clinical, emotional, mental, spiritual, social, and financial perspectives. (2) Reproductive health The term reproductive health (A) means a state of complete physical, mental, and social well-being; and (B) includes all matters relating to the reproductive system and the functions and processes of such system, and ensuring that an individual— (i) is able to have a satisfying and safe sex life; and (ii) possesses the capability to reproduce and the freedom to decide if, when, and how often to reproduce. (3) Reproductive justice The term reproductive justice (A) the human right to maintain personal bodily autonomy; (B) the ability to choose whether to have children; and (C) the ability to parent children in safe and sustainable communities. (4) Sexual and reproductive health and well-being The term sexual and reproductive health and well-being (5) Sexual and reproductive health equity The term sexual and reproductive health equity (A) ensures that individuals (including individuals across a range of age, gender, race, and other identities) have what is necessary to attain the highest level of sexual and reproductive health including having self-determination and the ability to achieve reproductive goals; and (B) includes government policies that value and support individuals fairly and justly. 3402. Interagency Task Force on Sexual and Reproductive Health and Well-Being (a) Establishment The Secretary and the Director of the Gender Policy Council, acting jointly, shall establish and maintain an interagency task force to be known as the Interagency Task Force on Sexual and Reproductive Health and Well-Being (referred to in this section as the Task Force (b) Members The Task Force shall be composed of the following members (or their designees): (1) The Secretary of Health and Human Services, who shall serve as a Co-Chair of the Task Force. (2) The Director of the Gender Policy Council, who shall serve as a Co-Chair of the Task Force. (3) The Attorney General of the United States. (4) The Secretary of Housing and Urban Development. (5) The Secretary of Education. (6) The Secretary of Labor. (7) The Administrator of the Environmental Protection Agency. (8) The Secretary of Transportation. (9) The Secretary of Homeland Security. (10) The Secretary of the Interior. (11) The Secretary of State. (12) The Secretary of Agriculture. (13) The Secretary of Defense. (14) The Secretary of the Treasury. (15) The Secretary of Veterans Affairs. (16) The Secretary of Energy. (17) The Chair of the Federal Trade Commission. (18) The heads of other Federal departments and agencies, as determined necessary by the Secretary of Health and Human Services and Director of the Gender Policy Council. (c) Duties The Task Force shall— (1) identify and coordinate activities to protect and strengthen access to essential reproductive health care and support services, and promote sexual and reproductive health and well-being; (2) coordinate Federal interagency policymaking, program development, and outreach efforts— (A) to address barriers that individuals and entities may face in seeking and providing reproductive health care services; and (B) to promote and protect sexual and reproductive health and well-being; (3) on an annual basis, conduct a comprehensive equity-focused assessment of all Federal funds allocated for, and all Federal programs that support, sexual and reproductive health and well-being; (4) facilitate ongoing efforts to provide and support a whole-of-government approach to protecting and promoting sexual and reproductive health and well-being; and (5) support implementation of the SRHW Strategy by— (A) developing agency-specific implementation and accountability plans; and (B) tracking and reporting, on an annual basis, information related to the Task Force’s activities, assessments, and policy recommendations for protecting and improving sexual and reproductive health and well-being. (d) Meetings For the purpose of carrying out this section, the Task Force may hold such meetings, and sit and act at such times and places, as the Task Force considers appropriate. (e) Information The Task Force may secure directly from any Federal agency such information as may be necessary to enable the Task Force to carry out this section. Upon request of the Co-Chairs of the Task Force, the head of such agency shall furnish such information to the Task Force. 3403. Reproductive justice and equity grant program (a) In general The Secretary shall award grants to eligible entities to pay for programs and services related to improving patient access to sexual and reproductive health care. (b) Timing Beginning not later than 30 days after the date of enactment of this section, the Secretary shall solicit applications for grants under this section. (c) Use of funds An eligible entity receiving a grant under this section shall use the grant to pay for programs and services related to improving patient access to sexual and reproductive health care, which may include any of the following: (1) Mobile sexual and reproductive health care clinics. (2) Travel expenses. (3) Lodging. (4) Food assistance. (5) Childcare. (6) Translation services. (7) Doula care. (8) Patient education and information services. (9) Direct financial assistance. (10) Housing assistance. (11) Legal aid. (12) Comprehensive sex education. (13) Medical costs. (14) Behavioral health counseling. (d) Priority In selecting the recipients of grants under this section, the Secretary shall give priority to eligible entities that— (1) serve people who live in a jurisdiction that has banned or severely restricted access to abortion; (2) serve people who travel to a jurisdiction other than the one where they live to be provided abortion services; or (3) have a program in operation, or submit as part of the application required under subsection (d) a plan to establish and operate a program, to help patients access abortion services. (e) Definitions In this section: (1) The term eligible entity (A) means a nonprofit organization, or a community-based organization, that assists individuals seeking an abortion through programs, services, or activities that are unbiased and medically and factually accurate; and (B) excludes any entity that discourages individuals from seeking an abortion. (2) The term nonprofit organization (A) is described in subsection (c)(3) of section 501 (B) is, under subsection (a) of such section, exempt from taxation. (f) Authorization of appropriations To carry out this section, there is authorized to be appropriated $500,000,000 for each of fiscal years 2024 through 2028. . (b) Conforming changes; references (1) Repeals Sections 3 and 4 of the Family Planning Services and Population Research Act of 1970 ( 42 U.S.C. 3505a (2) References Any reference to the Office of Population Affairs of the Department of Health and Human Services or the Deputy Assistant Secretary of Population Affairs in any law, rule, regulation, certificate, directive, instruction, or other official paper in force on the effective date of this Act shall be deemed to refer and apply to the Office of National Sexual and Reproductive Health and Well-Being or the Director of National Sexual and Reproductive Health and Well-Being, respectively.

Summary: Protect Sexual and Reproductive Health Act of 2023 This bill requires the Department of Health and Human Services (HHS) to undertake activities to promote access to sexual and reproductive health and well-being. The bill renames HHS's Office of Population Affairs as the Office of Sexual and Reproductive Health and modifies its responsibilities. Among other activities, the office must develop and implement a strategy to promote sexual and reproductive health and well-being. This strategy must include recommendations to integrate sexual and reproductive health equity and reproductive justice into federal programs. HHS must also award grants for improving access to sexual and reproductive health care to nonprofit or community-based organizations that assist individuals seeking abortion services through programs that are unbiased and medically and factually accurate. Additionally, HHS and the Director of the White House Gender Policy Council must jointly establish an interagency task force to coordinate and promote federal programs and activities related to sexual and reproductive health and well-being.