[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4868 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
2d Session
S. 4868
To provide support and assistance to unborn children, pregnant women,
parents, and families.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 15, 2022
Mr. Rubio introduced the following bill; which was read twice and
referred to the Committee on Finance
_______________________________________________________________________
A BILL
To provide support and assistance to unborn children, pregnant women,
parents, and families.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Providing for Life
Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Permanent extension and modification of special rules for child
tax credit.
Sec. 3. Treatment of unborn children.
Sec. 4. Denial of deduction for State and local taxes of individuals.
Sec. 5. Refundable adoption tax credit.
Sec. 6. Parental leave benefits.
Sec. 7. Cooperation with child support agencies as eligibility factor
under supplemental nutrition assistance
program.
Sec. 8. Workforce development programs for non-custodial parents.
Sec. 9. Requiring biological fathers to pay child support for medical
expenses incurred during pregnancy and
delivery.
Sec. 10. Pregnant students' rights, accommodations, and resources.
Sec. 11. Grants for community-based maternal mentoring programs.
Sec. 12. Equal treatment for religious organizations in social
services.
Sec. 13. Awareness for expecting mothers.
Sec. 14. WIC reform.
Sec. 15. Pregnancy resource centers.
SEC. 2. PERMANENT EXTENSION AND MODIFICATION OF SPECIAL RULES FOR CHILD
TAX CREDIT.
(a) In General.--Section 24 of the Internal Revenue Code of 1986 is
amended by striking subsections (a), (b), and (c) and inserting the
following new subsections:
``(a) Allowance of Credit.--There shall be allowed as a credit
against the tax imposed by this chapter for the taxable year an amount
equal to the sum of--
``(1) $3,500 for each qualifying child of the taxpayer
($4,500 in the case of a qualifying child who has not attained
age 6 as of the close of the calendar year in which the taxable
year of the taxpayer begins), and
``(2) in the case of any taxable year beginning before
January 1, 2026, $500 for each qualifying dependent (other than
a qualifying child) of the taxpayer.
``(b) Limitation Based on Adjusted Gross Income.--The amount of the
credit allowable under subsection (a) shall be reduced (but not below
zero) by $50 for each $1,000 (or fraction thereof) by which the
taxpayer's modified adjusted gross income exceeds $400,000 in the case
of a joint return ($200,000 in any other case). For purposes of the
preceding sentence, the term ``modified adjusted gross income'' means
adjusted gross income increased by any amount excluded from gross
income under section 911, 931, or 933.
``(c) Qualifying Child; Qualifying Dependent.--For purposes of this
section--
``(1) Qualifying child.--The term `qualifying child' means
any qualifying dependent of the taxpayer--
``(A) who is a qualifying child (as defined in
section 152(c)) of the taxpayer,
``(B) who has not attained age 18 at the close of
the calendar year in which the taxable year of the
taxpayer begins, and
``(C) whose name and social security number are
included on the taxpayer's return of tax for the
taxable year.
``(2) Qualifying dependent.--The term `qualifying
dependent' means any dependent of the taxpayer (as defined in
section 152 without regard to all that follows `resident of the
United States' in section 152(b)(3)(A)) whose name and TIN are
included on the taxpayer's return of tax for the taxable year.
``(3) Social security number defined.--For purposes of this
subsection, the term `social security number' means, with
respect to a return of tax, a social security number issued to
an individual by the Social Security Administration, but only
if the social security number is issued--
``(A) to a citizen of the United States or pursuant
to subclause (I) (or that portion of subclause (III)
that relates to subclause (I)) of section
205(c)(2)(B)(i) of the Social Security Act, and
``(B) on or before the due date of filing such
return.''.
(b) Portion of Credit Refundable.--Section 24(d)(1) of the Internal
Revenue Code of 1986 is amended--
(1) by striking subparagraph (A) and inserting the
following:
``(A) the credit which would be allowed under this
section determined--
``(i) without regard to subsection (a)(2),
and
``(ii) without regard to this subsection
(other than this subparagraph) and the
limitation under section 26(a), or'', and
(2) in subparagraph (B), by striking ``15 percent of so
much of the taxpayer's earned income (within the meaning of
section 32) which is taken into account in computing taxable
income for the taxable year as exceeds $3,000'' and inserting
``15.3 percent of the taxpayer's earned income (within the
meaning of section 32) which is taken into account in computing
taxable income''.
(c) Conforming Amendments.--
(1) Section 24(e) of the Internal Revenue Code of 1986 is
amended to read as follows:
``(e) Taxpayer Identification Requirement.--No credit shall be
allowed under this section if the identifying number of the taxpayer
was issued after the due date for filing the return of tax for the
taxable year.''.
(2) Section 24 of such Code is amended by striking
subsection (h).
(d) Repeal of Certain Later Enacted Provisions.--
(1) Section 24 of the Internal Revenue Code of 1986 is
amended by striking subsections (i), (j), and (k).
(2) Chapter 77 of such Code is amended by striking section
7527A (and by striking the item relating to section 7527A in
the table of sections for such chapter).
(3) Section 26(b)(2) of such Code is amended by inserting
``and'' at the end of subparagraph (X), by striking ``, and''
at the end of subparagraph (Y) and inserting a period, and by
striking subparagraph (Z).
(4) Section 3402(f)(1)(C) of such Code is amended by
striking ``section 24 (determined after application of
subsection (j) thereof)'' and inserting ``section 24(a)''.
(5) Section 6211(b)(4)(A) of such Code is amended--
(A) by striking ``24 by reason of subsections (d)
and (i)(1) thereof'' and inserting ``24(d)'', and
(B) by striking ``6428B, and 7527A'' and inserting
``and 6428B''.
(6) Paragraph (2) of section 1324(b) of title 31, United
States Code, is amended by striking ``6431, or 7527A'' and
inserting ``or 6431''.
(e) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2021.
SEC. 3. TREATMENT OF UNBORN CHILDREN.
(a) In General.--Section 24 of the Internal Revenue Code of 1986,
as amended by section 2, is amended by adding at the end the following
new subsection:
``(i) Credit Allowed With Respect to Unborn Children.--For purposes
of this section--
``(1) In general.--The term `qualifying child' includes an
unborn child of an eligible taxpayer, and the requirements of
subsection (c)(1)(C) shall be treated as met with respect to
such child, for the taxable year immediately preceding the year
in which such child is born alive, if the taxpayer includes on
the return of tax for such taxable year a social security
number for such child which is issued before the due date for
such return of tax (without regard to extensions).
``(2) Retroactive or double credit allowed in certain cases
to ensure equal access to the credit for unborn children.--
``(A) In general.--In the case of a qualifying
child of an eligible taxpayer who is born alive and
with respect to whom the credit under this section is
not claimed under paragraph (1) for the taxable year
described in such paragraph, for the taxable year in
which the child is born alive, with respect to such
child--
``(i) the amount of the credit allowed
(before the application of this subsection)
under subsection (a), and
``(ii) the amount of the credit allowed
(before the application of this subsection)
under subsection (d)(1),
shall each be increased by the amount of the credit
which would have been allowed under each such
subsection respectively with respect to such child for
the preceding taxable year if such child had been
treated as a qualifying child of the taxpayer for such
preceding year.
``(B) Special rule for splitting of credit.--In the
case of a child otherwise described in subparagraph (A)
who, but for this subparagraph, would not be treated as
a qualifying child of the eligible taxpayer for the
taxable year in which such child is born alive--
``(i) subparagraph (A) shall not apply with
respect to such child,
``(ii) such child shall be treated as a
qualifying child for purposes of this section
for such taxable year of--
``(I) the eligible taxpayer, and
``(II) any other taxpayer with
respect to whom such child would,
without regard to this subparagraph, be
treated as a qualifying child, and
``(iii) in the case of the eligible
taxpayer, the amount of the credit allowed
under subsection (a) and the amount of the
credit allowed under subsection (d)(1) for such
taxable year shall each be equal to the amount
of the credit which would have been allowed
under each such subsection respectively with
respect to such child for the preceding taxable
year if such child had been treated as a
qualifying child of the eligible taxpayer for
such preceding year.
``(3) Definitions.--For purposes of this subsection--
``(A) Born alive.--The term `born alive' has the
meaning given such term by section 8(b) of title 1,
United States Code.
``(B) Eligible taxpayer.--The term `eligible
taxpayer' means a taxpayer who--
``(i) with respect to a child, is the
mother who--
``(I) carries or carried such child
in the womb, and
``(II) is the biological mother of
such child or initiated the pregnancy
with the intention of bearing and
retaining custody of and parental
rights to such child (or acted to such
effect), or
``(ii) in the case of a joint return, is
the husband of such mother,
but only if such taxpayer includes on the return of tax
for the taxable year the social security number of such
taxpayer (of at least 1 of such mother or husband, in
the case of a joint return).
``(C) Social security number.--The term `social
security number' has the meaning given such term by
subsection (c)(3).
``(D) Unborn child.--The term `unborn child' means
an individual of the species homo sapiens, from the
beginning of the biological development of that
individual, including fertilization, until the point of
the earlier of being born alive or death.''.
(b) Effective Date.--The amendment made by this section shall apply
to children born alive in taxable years beginning after December 31,
2021.
SEC. 4. DENIAL OF DEDUCTION FOR STATE AND LOCAL TAXES OF INDIVIDUALS.
(a) In General.--Section 164(b)(6) of the Internal Revenue Code of
1986 is amended to read as follows:
``(6) Limitation on deduction of certain taxes for
individuals.--
``(A) In general.--In the case of an individual, no
deduction shall be allowed for taxes--
``(i) described in paragraphs (1), (2), or
(3) of subsection (a), or
``(ii) described in paragraph (5) of this
subsection.
``(B) Exceptions.--Subparagraph (A) shall not apply
to--
``(i) any foreign taxes described in
subsection (a)(3), or
``(ii) any taxes described in paragraph (1)
and (2) of subsection (a) which are paid or
accrued in carrying on a trade or business or
an activity described in section 212.
``(C) Special rule.--For purposes of subparagraph
(A), an amount paid in a taxable year beginning before
January 1, 2022, with respect to a State or local
income tax imposed for a taxable year beginning after
December 31, 2021, shall be treated as paid on the last
day of the taxable year for which such tax is so
imposed.''.
(b) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2021.
SEC. 5. REFUNDABLE ADOPTION TAX CREDIT.
(a) Credit Made Refundable.--
(1) Credit moved to subpart relating to refundable
credits.--The Internal Revenue Code of 1986 is amended--
(A) by redesignating section 23 as section 36C, and
(B) by moving section 36C (as so redesignated) from
subpart A of part IV of subchapter A of chapter 1 to
the location immediately before section 37 in subpart C
of part IV of subchapter A of chapter 1.
(2) Conforming amendments.--
(A) Section 25(e)(1)(C) of such Code is amended by
striking ``sections 23 and 25D'' and inserting
``section 25D''.
(B) Section 36C of such Code, as so redesignated,
is amended--
(i) in subsection (b)(2)(A), by striking
``(determined without regard to subsection
(c))'',
(ii) by striking subsection (c), and
(iii) by redesignating subsections (d)
through (i) as subsections (c) through (h),
respectively.
(C) Section 137 of such Code is amended--
(i) in subsection (d), by striking
``section 23(d)'' and inserting ``section
36C(c)'', and
(ii) in subsection (e), by striking
``subsections (e), (f), and (g) of section 23''
and inserting ``subsections (d), (e), and (f)
of section 36C''.
(D) Section 1016(a)(26) of such Code is amended by
striking ``23(g)'' and inserting ``36C(f)''.
(E) Section 6211(b)(4)(A) of such Code is amended
by inserting ``36C,'' after ``36B,''.
(F) The table of sections for subpart A of part IV
of subchapter A of chapter 1 of such Code is amended by
striking the item relating to section 23.
(G) Paragraph (2) of section 1324(b) of title 31,
United States Code, is amended by inserting ``36C,''
after ``36B,''.
(H) Paragraph (33) of section 471(a) of the Social
Security Act (42 U.S.C. 671(a)) is amended by striking
``section 23'' and inserting ``section 36C''.
(I) The table of sections for subpart C of part IV
of subchapter A of chapter 1 of the Internal Revenue
Code of 1986 is amended by inserting after the item
relating to section 36B the following new item:
``Sec. 36C. Adoption expenses.''.
(b) Third-Party Affidavits.--Section 36C(h) of the Internal Revenue
Code of 1986, as redesignated and moved by subsection (a), is amended--
(1) by striking ``such regulations'' and inserting ``such
regulations and guidance'',
(2) by striking ``including regulations which treat'' and
inserting ``including regulations and guidance which--
``(1) treat'',
(3) by striking the period at the end and inserting ``,
and'', and
(4) by adding at the end the following:
``(2) provide for a standardized third-party affidavit for
purposes of verifying a legal adoption--
``(A) of a type with respect to which qualified
adoption expenses may be paid or incurred, or
``(B) involving a child with special needs for
purposes of subsection (a)(3).''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2021.
(d) Transitional Rule To Treat Carryforward as Refundable Credit.--
In the case of any excess described in section 23(c) of the Internal
Revenue Code of 1986 with respect to any taxpayer for the taxable year
which precedes the first taxable year to which the amendments made by
this section apply, such excess shall be added to the credit allowable
under section 36C(a) of such Code with respect to such taxpayer for
such first taxable year.
SEC. 6. PARENTAL LEAVE BENEFITS.
(a) In General.--Title II of the Social Security Act is amended by
inserting after section 218 the following:
``SEC. 219. PARENTAL LEAVE BENEFITS.
``(a) In General.--Every individual--
``(1) who has--
``(A) not less than 8 quarters of coverage, 4 of
which are credited to calendar quarters during the
calendar year preceding the calendar year in which the
1st month of the benefit period described in subsection
(c) occurs; or
``(B) not less than 12 quarters of coverage; and
``(2) who has filed an application for a parental leave
benefit with respect to a qualified child of the individual,
shall be entitled to a parental leave benefit with respect to such
qualified child.
``(b) Benefit Amount.--Such individual's parental leave benefit
shall be an amount equal to the product of--
``(1) the number of benefit months (not to exceed 3)
selected by the individual in the individual's application for
a parental leave benefit, multiplied by
``(2) an amount equal to the primary insurance amount for
the individual that would be determined under section 215 if--
``(A) the individual had attained age 62 in the
first month of the individual's benefit period; and
``(B) the individual had become entitled to an old-
age insurance benefit under section 202 beginning with
such month.
For the purposes of the preceding sentence, the elapsed years referred
to in section 215(b)(2)(B)(iii) shall not include the year in which the
individual's benefit period begins, or any year thereafter.
``(c) Payment of Benefit.--
``(1) Selection of number of benefit months.--In filing an
application for a parental leave benefit under this section, an
individual shall select the number of months (not to exceed 3)
for which the individual will receive a monthly payment under
such parental leave benefit (in this section referred to as
`benefit months').
``(2) Election of benefit months.--Not later than 14 days
before the start of any month in the benefit period of an
individual entitled to a parental leave benefit, the individual
may elect to treat such month as a benefit month. The number of
months in such benefit period treated as benefit months shall
equal the number selected in the individual's benefit
application, and the Commissioner may designate any month as a
benefit month in any case in which an individual does not elect
to treat a sufficient number of months as benefit months before
the end of the benefit period.
``(3) Amount of monthly payment.--The amount of a monthly
payment made in any benefit month within a benefit period to an
individual entitled to a parental leave benefit shall be an
amount equal to--
``(A) the amount of the parental leave benefit
determined for the individual under subsection (b);
divided by
``(B) the number of benefit months selected by the
individual pursuant to paragraph (1) with respect to
such benefit.
``(4) Definition of benefit period.--For purposes of this
section, the term `benefit period' means, with respect to an
individual entitled to a parental leave benefit with respect to
a qualified child, the 1-year period beginning with the month
after the month in which the birth or adoption of the qualified
child occurs.
``(d) Benefit Application.--
``(1) In general.--The Commissioner shall ensure that the
application for a parental leave benefit--
``(A) includes a notice, clearly written in
language that is easily understandable to the reader,
explaining that--
``(i) failure to submit such proof or
documentation as the Commissioner may require
to demonstrate that the applicant is the parent
of the qualified child shall be subject to
criminal and civil penalties;
``(ii) the full cost to the Trust Funds of
any amount received by an individual as a
parental leave benefit must be repaid through
reductions to old-age insurance benefits
payable to the individual in subsequent months,
or by other means;
``(iii) entitlement to a parental leave
benefit has no effect on the determination of
an individual's entitlement to leave under the
Family and Medical Leave Act of 1993; and
``(B) requires an attestation by the individual
submitting the application that--
``(i) the individual expects to be the
parent of a qualified child throughout the
benefit period with respect to such
application;
``(ii) the individual intends to use the
benefit to finance spending more time with the
qualified child at home and away from
employment during the benefit period; and
``(iii) the individual consents to the
terms and conditions specified in the notice
described in subparagraph (A).
``(2) Option to file simultaneous applications.--The
Commissioner of Social Security may establish an option under
which an individual may file an application for a parental
leave benefit under this section with respect to a qualified
child at the same time the individual submits an application
for a social security account number for such qualified child.
``(3) Online availability.--The Commissioner of Social
Security shall, as soon as practicable after the date of
enactment of this section, permit an individual to apply for a
parental leave benefit through an internet website or other
electronic media.
``(e) Fraud Prevention.--
``(1) In general.--The Commissioner of Social Security
shall establish procedures to ensure the prevention of fraud
with respect to applications for parental leave benefits under
this section, including procedures for the submission of such
proof or documentation as the Commissioner may require to
verify the information contained in such an application.
``(2) Enforcement.--In any case in which an individual
willfully, knowingly, and with intent to deceive the
Commissioner of Social Security fails to comply with the
procedures established under paragraph (1), the Commissioner
may impose on such individual, in addition to any other
penalties that may be prescribed by law--
``(A) a civil monetary penalty of not more than
$7,500 for each such failure; and
``(B) an assessment, in lieu of any damages
sustained by the United States because of such failure,
of not more than twice the amount of the cost to the
Federal Old-Age and Survivors Insurance Trust Fund of
any parental leave benefit paid to the individual.
``(f) Benefit Repayment.--
``(1) In general.--An individual who is paid a parental
leave benefit under this section shall repay the full cost of
such benefit to the Federal Old-Age and Survivors Insurance
Trust Fund (as such amount is determined by the Commissioner)
in accordance with this subsection.
``(2) Old-age insurance benefit offset.--
``(A) In general.--Except as provided in paragraph
(3), in the case of any individual described in
paragraph (1) who becomes entitled to an old-age
insurance benefit, deductions shall be made from each
monthly payment of such benefit (not to exceed the
first 60 such monthly payments) in such amounts,
subject to subparagraph (B), as the Commissioner of
Social Security shall determine necessary to fully
recover the cost to the Federal Old-Age and Survivors
Insurance Trust Fund of any parental leave benefit paid
to the individual as of the month in which the
individual becomes entitled to an old-age insurance
benefit.
``(B) Notification.--Not later than the beginning
of each calendar year, the Commissioner of Social
Security shall notify each individual whose old-age
insurance benefits are subject to a deduction under
subparagraph (A) during such calendar year of the
amount of the deduction that will be applied to each
monthly payment of such benefits during the calendar
year.
``(3) Alternative increase of retirement age.--
``(A) In general.--In the case of any individual
described in paragraph (1) who becomes entitled to an
old-age insurance benefit, such individual may elect,
at the time of application for such benefit, to be
subject to a retirement age increase in accordance with
this paragraph. Such election shall be irrevocable, and
an individual who makes such an election shall not be
subject to a deduction under paragraph (2) for any
month.
``(B) Retirement age increase.--Notwithstanding
section 216(l)(1), with respect to an individual who
makes an election under subparagraph (A), the
retirement age of such individual shall be deemed to
be--
``(i) the retirement age determined with
respect to the individual under such section;
plus
``(ii) the additional number of months the
Commissioner of Social Security shall determine
necessary to result in the full recovery of the
cost to the Federal Old-Age and Survivors
Insurance Trust Fund of any parental leave
benefit paid to the individual as of the month
in which the individual becomes entitled to an
old-age insurance benefit.
``(C) Increase to earliest entitlement age.--In the
case of an individual who makes an election under
subparagraph (A), notwithstanding subsection (a) of
section 202, no old-age insurance benefit shall be paid
to such individual for any month before the first month
throughout which the individual has attained age 62
plus the additional number of months determined for the
individual under subparagraph (B)(ii).
``(4) Other recovery methods.--In any case in which the
Commissioner of Social Security determines that the cost to the
Federal Old-Age and Survivors Insurance Trust Fund of a
parental leave benefit paid to an individual cannot be fully
recovered pursuant to paragraph (2) or (3)--
``(A) such benefit shall be deemed, upon the making
of such determination, to be a payment of more than the
correct amount for purposes of section 204; and
``(B) the Commissioner may recover such amounts by
means of any method available to the Commissioner under
such section.
``(5) Projection of repayment amount.--As soon as
practicable after the date of enactment of this section, the
Commissioner shall establish a system to make available through
an internet website or other electronic media to each
individual who is paid a parental leave benefit under this
section, beginning with the first month beginning after the
individual's benefit period the projected amount of the
deduction to be made from each of the first 60 monthly payments
of old-age insurance benefits under paragraph (2), or if the
individual so elects, the additional number of months by which
the individual's retirement age would be increased under
paragraph (3), in order to fully repay the cost to the Federal
Old-Age and Survivors Insurance Trust Fund of any parental
leave benefit paid to the individual, and a description of the
assumptions used by the Commissioner in making such projection.
``(g) Relationship With State Law; Employer Benefits.--
``(1) In general.--This section does not preempt or
supersede any provision of State or local law that authorizes a
State or political subdivision to provide paid parental or
family medical leave benefits similar to the benefits provided
under this section.
``(2) Greater benefits allowed.--Nothing in this Act shall
be construed to diminish the obligation of an employer to
comply with any contract, collective bargaining agreement, or
employment benefit program or plan that provides greater
benefits for leave or other leave rights to individuals than
the benefits for leave or leave rights established under this
Act.
``(h) Sunset.--No application for parental leave benefits under
this section may be filed in any calendar year if the OASDI trust fund
ratio (as defined in section 215(i)) for such calendar year or for the
year following such calendar year is projected, based on the
intermediate projections in the most recent (as of January 1 of such
calendar year) annual report issued under section 201(c)(2), to be less
than 20 percent.
``(i) Definitions.--For purposes of this section--
``(1) the term `qualified child' means, with respect to an
individual for a benefit period, a biological child or legally
adopted child of the individual (as determined by the
Commissioner of Social Security) who--
``(A) will not attain 18 years of age before the
end of such benefit period; and
``(B) will be residing with, and under the care of,
the individual during the benefit period as determined
by the Commissioner.''.
(b) Conforming Amendments.--
(1) Nonpayment provisions.--Section 202 of the Social
Security Act (42 U.S.C. 402) is amended--
(A) in subsection (n)(1)(A), by striking ``under
this section or section 223'' and inserting ``under
this section, section 219, or section 223'';
(B) in subsection (t), in paragraphs (1) and (10),
by striking ``under this section or under section 223''
each place it appears and inserting ``under this
section, under section 219, or under section 223'';
(C) in subsection (u)(1), by striking ``under this
section or section 223'' and inserting ``under this
section, section 219, or section 223''; and
(D) in subsection (x)--
(i) in paragraph (1)(A), by striking
``under this section or under section 223'' and
inserting ``under this section, under section
219, or under section 223''; and
(ii) in paragraph (2), by striking ``under
this section or section 223'' and inserting
``under this section, section 219, or section
223''.
(2) Delayed retirement credits.--Section 202(w) of the
Social Security Act (42 U.S.C. 402(w)) is amended by inserting
after ``age 70'' each place it appears the following: ``(or, in
the case of an individual whose retirement age is increased
under section 219(f)(3), age 70 plus the number of months by
which the individual's retirement age is so increased)''.
(3) Voluntary suspension of benefits.--Section
202(z)(1)(A)(ii) of the Social Security Act (42 U.S.C.
402(z)(1)(A)(ii)) is amended by striking ``the age of 70'' and
inserting ``age 70 (or, in the case of an individual whose
retirement age is increased under section 219(f)(3), age 70
plus the number of months by which the individual's retirement
age is so increased)''.
(4) Number of benefit computation years.--Section
215(b)(2)(A) of such Act (42 U.S.C. 415(b)(2)(A)) is amended--
(A) in clause (i), by striking ``, and'' and
inserting a semicolon;
(B) in clause (ii), by striking the period and
inserting ``; and''; and
(C) by inserting after clause (ii) the following:
``(iii) in the case of an individual who is entitled to a
parental leave benefit under section 219, by the number of
years equal to one-fifth of such individual's elapsed years
(disregarding any resulting fractional part of a year), but not
by more than 5 years.''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to applications for parental leave benefits filed
after 2023.
SEC. 7. COOPERATION WITH CHILD SUPPORT AGENCIES AS ELIGIBILITY FACTOR
UNDER SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM.
Section 6 of the Food and Nutrition Act of 2008 (7 U.S.C. 2015) is
amended--
(1) in subsection (l)--
(A) in paragraph (1), in the matter preceding
subparagraph (A), by striking ``At the option of a
State agency, subject to'' and inserting ``Subject
to''; and
(B) in paragraph (2), in the second sentence, by
inserting ``custodial parent and the'' before
``child''; and
(2) in subsection (m)(1), in the matter preceding
subparagraph (A), by striking ``At the option of a State
agency, subject to'' and inserting ``Subject to''.
SEC. 8. WORKFORCE DEVELOPMENT PROGRAMS FOR NON-CUSTODIAL PARENTS.
(a) Grants to States for Workforce Development Programs for Non-
Custodial Parents.--Beginning with fiscal year 2023, the Secretary
shall use the funds made available under subsection (f) to make grants
to States to conduct workforce development programs that provide
evidence-based work activities, which may include workforce education
and support, technical certification programs, subsidized employment,
and on-the-job training and education, to eligible non-custodial
parents.
(b) Application Requirements.--The Secretary shall require each
State that applies for a grant under this section to include in the
application for the grant the following:
(1) A description of the nature and structure of the
evidence-based work activities proposed to be provided through
a program funded in whole or in part with grant funds,
including data and evaluations supporting the effectiveness of
such activities in increasing the employment of eligible non-
custodial parents.
(2) Descriptions of how employers will be recruited to
participate in such program and how the State will solicit
input from employers in the design and implementation of such
program.
(3) A description of how the State will promote long-term
employment through participation in such program.
(4) A description of how the State will prioritize
providing evidence-based work activities for low-income,
eligible non-custodial parents.
(5) Such other information as may the Secretary may
require.
(c) Other Requirements.--A State receiving funds under this section
shall prioritize providing evidence-based work activities through a
program funded in whole or in part with such funds for eligible non-
custodial parents who are eligible for benefits under the supplemental
nutrition assistance program, as defined in section 3(t) of the Food
and Nutrition Act of 2008 (7 U.S.C. 2012(t)), and, at the option of the
State, may limit participation in such program to such eligible non-
custodial parents.
(d) Reports.--Not later than 12 months after the end of the last
fiscal year in which a State expends funds from a grant made under this
section, the State shall submit to the Secretary a report that includes
the following information:
(1) The number of eligible non-custodial parents who
participated in a workforce development program funded in whole
or in part with such funds.
(2) The median monthly earnings of an eligible non-
custodial parent participant while participating in any such
workforce development program and 6 months after exiting from
the program.
(3) The percentage of eligible non-custodial parent
participants who are employed full-time 6 months after exiting
from any such workforce development program.
(4) Such other reporting requirements as the Secretary
determines would be beneficial to evaluating the impact of
workforce development programs funded in whole or in part with
grant funds provided under this section.
(e) Nonsupplantation.--Funds provided under this section to a State
shall be used to supplement and not supplant any other Federal or State
funds which are available for the same general purposes in the State.
(f) Funding.--
(1) In general.--Notwithstanding section 403(b) of the
Social Security Act (42 U.S.C. 603(b)), from the amount
available in the Contingency Fund for State Welfare Programs
established under such section that is unobligated as of the
date of enactment of this Act, $100,000,000 of such amount is
hereby transferred and made available to the Secretary to carry
out this section for any fiscal year occurring on or after the
date of enactment of this Act.
(2) Availability of funds.--Funds provided to a State under
this section in a fiscal year shall remain available for
expenditure by the State through the end of the second
succeeding fiscal year.
(g) Definitions.--In this section:
(1) Eligible non-custodial parent.--
(A) In general.--Subject to subparagraph (B), the
term ``eligible non-custodial parent'' means an
individual who--
(i) is obligated to pay child support under
a support order;
(ii) has unpaid, past-due child support
obligations; and
(iii) has been unemployed or underemployed
for any period of time during the 6-month
period prior to the individual's participation
in a program funded in whole or in part with
funds provided to a State under this section.
(B) Other eligibility requirements.--An individual
shall not be considered to be an eligible non-custodial
parent if the individual is not a citizen of the United
States or would not be eligible for the program as a
result of the application of title IV of the Personal
Responsibility and Work Opportunity Reconciliation Act
of 1996 (8 U.S.C. 1611 et seq.).
(2) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(3) State.--The term ``State'' means the 50 States of the
United States, the District of Columbia, the Commonwealth of
Puerto Rico, the United States Virgin Islands, Guam, American
Samoa, and the Commonwealth of the Northern Mariana Islands.
SEC. 9. REQUIRING BIOLOGICAL FATHERS TO PAY CHILD SUPPORT FOR MEDICAL
EXPENSES INCURRED DURING PREGNANCY AND DELIVERY.
(a) In General.--Section 454 of the Social Security Act (42 U.S.C.
654) is amended--
(1) in paragraph (33), by striking ``and'' after the
semicolon;
(2) in paragraph (34), by striking the period and inserting
``; and''; and
(3) by inserting after paragraph (34), the following:
``(35) provide that the State shall establish and enforce a
child support obligation of the biological father of a child to
pay for not less than 50 percent of the reasonable out-of-
pocket medical expenses (including health insurance premiums or
similar charge, deductions, cost sharing or similar charges,
and any other related out-of-pocket expenses) the mother of the
child is responsible for that are incurred during, and
associated with, the pregnancy and delivery of the child,
provided that the mother requests the payment of such
support.''.
(b) Effective Date.--
(1) In general.--Subject to paragraph (2), the amendments
made by subsection (a) shall take effect on January 1 of the
first calendar year that begins after the date of enactment of
this Act.
(2) Delay if state legislation required.--In the case of a
State plan under part D of title IV of the Social Security Act
which the Secretary of Health and Human Services determines
requires State legislation (other than legislation
appropriating funds) in order for the plan to meet the
additional requirement imposed by the amendments made by this
Act, the State plan shall not be regarded as failing to comply
with the requirements of such part solely on the basis of the
failure of the plan to meet such additional requirement before
the first day of the first calendar quarter beginning after the
close of the first regular session of the State legislature
that begins after the date of enactment of this Act. For
purposes of the previous sentence, in the case of a State that
has a 2-year legislative session, each year of the session
shall be deemed to be a separate regular session of the State
legislature.
SEC. 10. PREGNANT STUDENTS' RIGHTS, ACCOMMODATIONS, AND RESOURCES.
(a) Findings.--Congress finds the following:
(1) Female students who are enrolled at institutions of
higher education and experiencing unplanned pregnancies may
face pressure that their only option is to receive an abortion
or risk academic failure.
(2) 27.6 percent of all abortions in the United States are
performed on women of college age, between the ages of 20 and
24, according to a 2019 report by the Centers for Disease
Control and Prevention.
(3) A significant proportion of abortions in the United
States are performed on women of college age who may be unaware
of their rights under title IX of the Education Amendments of
1972 (20 U.S.C. 1681 et seq.) or deprived of an alternative to
receiving an abortion.
(4) Additionally, women on college campuses may fear
institutional reprisal, loss of athletic scholarship, and
possible negative impact on academic opportunities.
(5) An academic disparity exists because of the lack of
resources, support, and notifications available for female
college students who do not wish to receive an abortion or who
carry their unborn babies to term.
(b) Notice of Pregnant Student Rights, Accommodations, and
Resources.--Section 485 of the Higher Education Act of 1965 (20 U.S.C.
1092) is amended by adding at the end the following:
``(n) Pregnant Students' Rights, Accommodations, and Resources.--
``(1) Information dissemination activities; establishment
of protocol.--
``(A) In general.--Each public institution of
higher education participating in any program under
this title shall--
``(i) in a manner consistent with title IX
of the Education Amendments of 1972 (20 U.S.C.
1681 et seq.), carry out the information
dissemination activities described in
subparagraph (B) for admitted but not enrolled
and enrolled students (including those
attending or planning to attend less than full
time) on the rights and resources (including
protections and accommodations) for pregnant
students (or students who may become pregnant)
while enrolled at such institution of higher
education that--
``(I) exclude abortion services;
``(II) may help such a student
carry their unborn babies to term; and
``(III) include information on how
to file a complaint with the Department
if such a student believes there was a
violation of title IX of the Education
Amendments of 1972 (20 U.S.C. 1681 et
seq.) by the institution on account of
such student's pregnancy; and
``(ii) establish a protocol to meet with a
student described in clause (i)(III), which
shall include a meeting with relevant
leadership at the institution of higher
education, and other relevant parties.
``(B) Description of information dissemination
requirements.--The information dissemination activities
described in this subparagraph shall include--
``(i) annual campus-wide emails; or
``(ii) the provision of information in
student handbooks, at each orientation for
enrolled students, or on the publicly available
website of the institution of higher education.
``(2) Annual report to congress.--
``(A) In general.--Each public institution of
higher education participating in any program under
this title shall--
``(i) on an annual basis, compile and
submit to the Secretary--
``(I) responses to the questions
described in subparagraph (B) from
students enrolled at such institution
of higher education who voluntarily
provided such responses; and
``(II) a description of any actions
taken by the institution of higher
education to address each complaint by
a student that there was a violation of
title IX of the Education Amendments of
1972 (20 U.S.C. 1681 et seq.) by the
institution on account of such
student's pregnancy, including any
actions taken in accordance with the
protocol established under paragraph
(1)(A)(ii); and
``(ii) ensure that any such responses
remain confidential and do not reveal any
personally identifiable information with
respect to a student.
``(B) Questions for enrolled students.--The
questions described in this subparagraph shall
include--
``(i) if such student experienced an
unexpected pregnancy while enrolled at the
institution of higher education;
``(ii) if such student felt there were
adequate resources on campus relating to
protections, accommodations, and other
resources for pregnant students besides
abortion-related services;
``(iii) if such a student believes there
was a violation of title IX of the Education
Amendments of 1972 (20 U.S.C. 1681 et seq.) by
the institution on account of such student's
pregnancy; and
``(iv) if such student considered dropping
out or withdrawing from classes because of
pregnancy, new motherhood, stillbirth, or
miscarriage.
``(C) Report.--The Secretary shall, on an annual
basis--
``(i) prepare a report that compiles the
responses received under subparagraph (A) from
each public institution of higher education
participating in any program under this title;
and
``(ii) submit such report to the
authorizing committees, and the Committees on
Appropriations of the House of Representatives
and the Senate.''.
SEC. 11. GRANTS FOR COMMUNITY-BASED MATERNAL MENTORING PROGRAMS.
Title V of the Social Security Act (42 U.S.C. 701 et seq.) is
amended by adding at the end the following:
``SEC. 514. GRANTS FOR COMMUNITY-BASED MATERNAL MENTORING PROGRAMS.
``(a) In General.--In addition to any other payments made under
this title to a State, the Secretary shall make grants to eligible
entities to conduct demonstration projects for, and enable such
entities to deliver services under, community-based mentoring programs
that satisfy the requirements of subsection (c) to eligible mothers in
order to promote improvements in maternal and child well-being,
financial stewardship, child development, parenting, and access to
social services and other community resources.
``(b) Application.--The Secretary may not award funds made
available under this subsection on a noncompetitive basis, and may not
provide any such funds to an entity for the purpose of carrying out a
community-based mentoring program unless the entity has submitted an
application to the Secretary that includes--
``(1) a description of how the programs or activities
proposed in the application will improve maternal mental and
physical health outcomes in a service area identified by the
entity, substantially increase the number of eligible mothers
in a service area with access to a community-based mentoring
relationship, utilize community volunteer mentors, and
supplement, including by avoiding duplication with, existing
social services and community resources;
``(2) a description of how the program will partner with
other community institutions, including private institutions,
in identifying eligible mothers in need of a mentor and, as
applicable, creating support communities among eligible
mothers;
``(3) a description of the populations to be served by the
entity, including specific information on how the entity will
serve eligible mothers who belong to high-risk populations as
identified in subsection (d);
``(4) a description of the maternal and child health
indicators, financial well-being, and other needs of
populations to be served by the entity as described in
paragraph (3), including, to the extent practicable, the
prevalence of mentoring opportunities for such populations;
``(5) the quantifiable benchmarks that will be used to
measure program success;
``(6) a commitment by the entity to consult with experts
with a demonstrated history of mentoring and case management
success in achieving the outcomes described in subsection
(c)(2)(A) in developing the programs and activities;
``(7) a commitment by the entity to ensure mentors do not
refer or counsel in favor of abortions; and
``(8) such other application information as the Secretary
may deem necessary, with the goal of minimizing the application
burden on small nongovernmental organizations that would
otherwise qualify for the grant.
``(c) Requirements.--
``(1) Core components.--A community maternal mentoring
program conducted with a grant made under this section shall
include the following core components:
``(A) Provision of community-based mentoring
relationships for eligible mothers, which may include
dedicated individual mentors and networks of peer and
community support groups.
``(B) An individualized needs assessment for each
eligible mother participating in the program, to be
administered at the outset of the program.
``(C) Recruitment and utilization of community-
based, volunteer mentors.
``(D) Provision of training to participating
mentors to equip them with mentoring best practices and
knowledge of public and private resources available to
eligible mothers (including public social services).
``(2) Measurable improvements in benchmark areas.--
``(A) In general.--The eligible entity shall
establish, subject to the approval of the Secretary,
quantifiable, measurable 3- and 5-year benchmarks
demonstrating the program results in improvements for
eligible mothers participating in the program in the
following areas:
``(i) The number of eligible mothers in the
eligible entity's service area with access to a
community-based mentoring relationship.
``(ii) Improved maternal and child health,
including mental and behavioral health.
``(iii) Improved financial literacy.
``(iv) Improved family economic self-
sufficiency.
``(v) Improved coordination and referrals
for other community resources and supports,
including public and private resources.
``(B) Demonstration of improvement.--
``(i) Report to the secretary.--Not later
than 30 days after the end of the third year in
which the eligible entity conducts the program,
the entity shall submit to the Secretary a
report describing the program's results in the
areas specified in subparagraph (A).
``(ii) Improvement plan.--If the report
submitted to the Secretary fails to demonstrate
improvements in at least 3 of the areas
outlined in subparagraph (A), the eligible
entity shall develop and implement a plan to
improve outcomes in each of the areas specified
in subparagraph (A), subject to approval by the
Secretary.
``(iii) No improvement or failure to submit
report.--If, 1 year after an eligible entity
submits an improvement plan under clause (ii),
the Secretary determines that the entity has
failed to demonstrate any improvement in the
areas specified in subparagraph (A), or if the
Secretary determines that an eligible entity
has failed to submit the report required under
clause (i), and has not agreed to a reasonable
timeline to submit such report under such
conditions as may be determined by the
Secretary, the Secretary shall terminate the
entity's grant and may reallocate any unpaid
grant funds toward future grants provided under
this section.
``(3) Improvements in participant outcomes.--
``(A) In general.--The program is designed, with
respect to an eligible mother participating in the
program, to result in the participant outcomes
described in subparagraph (B) that are relevant to the
mother (as determined pursuant to an individualized
needs assessment administered to the mother).
``(B) Participant outcomes.--The participant
outcomes described in this subparagraph are the
following:
``(i) Improvements in prenatal and maternal
health, including mental and behavioral health
and improved pregnancy outcomes.
``(ii) Improvements in child health and
development, including the prevention of child
injuries and maltreatment.
``(iii) Higher levels of engagement between
mothers, children, and their health providers.
``(iv) Reductions in mothers' stress and
anxiety.
``(v) Improvements in parenting skills.
``(vi) Improvement in financial literacy
skills.
``(vii) Improvements in child's school
readiness and academic achievement.
``(viii) Improvements in family economic
self-sufficiency.
``(ix) Improvements in the coordination of
referrals for, and the provision of, other
community resources, including private and
public resources, and supports for eligible
families.
``(d) Prioritization.--An eligible entity receiving a grant under
this section shall identify and prioritize high-risk populations in
provision of services, including--
``(1) low-income eligible mothers;
``(2) eligible mothers who are pregnant women who have not
attained the age of 21;
``(3) eligible mothers from populations with a high risk of
maternal morbidity;
``(4) eligible mothers with a history of substance abuse or
victims of domestic abuse;
``(5) eligible mothers with children with developmental
disabilities; and
``(6) eligible mothers residing in a qualified opportunity
zone, as designated under section 1400Z-1 of the Internal
Revenue Code of 1986.
``(e) Maintenance of Effort.--Funds provided to an eligible entity
under a grant awarded under subsection (a) shall supplement, and not
supplant, funds from other sources for maternal mentorship or case
management services.
``(f) Evaluation.--
``(1) Ongoing research and evaluation.--The Secretary shall
engage in ongoing research and evaluation activities in order
to increase knowledge about the implementation and
effectiveness of community maternal mentoring programs. The
Secretary may carry out such activities directly, or through
grants, cooperative agreements, or contracts, and shall submit
a report to Congress not less than annually on the research and
evaluation steps being taken to measure the impact and
effectiveness of programs funded under this section, as well as
any interim outcomes that may be available.
``(2) Report requirement.--Not later than 3 years after the
date of enactment of this section, the Secretary shall submit a
report to Congress on the effectiveness of programs funded with
grants under subsection (a) in producing the outcomes described
in subsection (c)(3)(B), and shall include in such report
recommendations for improving program design and
implementation.
``(g) Technical Assistance.--The Secretary shall provide an
eligible entity required to develop and implement an improvement plan
under subsection (c)(2)(B) with technical assistance to develop and
implement the plan. The Secretary may provide the technical assistance
directly or through grants, contracts, or cooperative agreements.
``(h) No Funds to Prohibited Entities.--No prohibited entity shall
be eligible to receive a grant under subsection (a), or any other funds
made available by this section.
``(i) Protections for Participating Religious Organizations.--A
religious organization shall be eligible to apply for and receive
funding for a program under this section on the same basis as a non-
religious organization, and a religious organization's exemptions, in
title VII of the Civil Rights Act of 1964 (including exemption from
prohibitions in employment discrimination in section 702(a) of that Act
(42 U.S.C. 2000e-1(a))), title VIII of the Civil rights Act of 1968,
title IX of the Educational Amendments of 1987, the Americans with
Disabilities Act, the Religious Freedom Restoration Act, the Religious
Land Use and Institutionalized Persons Act, or any other provision in
law providing an exemption for a religious organization, shall not be
waived by its participation in, or receipt of funds from, a grant
provided by this section.
``(j) Authorization of Appropriations.--
``(1) In general.--For purposes of carrying out this
section, there are authorized to be appropriated $100,000,000
for each of fiscal years 2023 through 2025.
``(2) Reservations.--Of the amounts appropriated under this
subsection for a fiscal year, the Secretary shall reserve 3
percent for purposes of carrying out subsections (f) and (g).
``(3) Availability.--Funds made available to an eligible
entity under this section shall remain available for
expenditure by the eligible entity through the end of the third
fiscal year following the fiscal year in which the funds are
awarded to the entity.
``(k) Definitions.--In this section:
``(1) Community-based mentoring relationship.--The term
`community-based mentoring relationship' means a relationship
with a dedicated mentor and, as applicable, group of mentors or
peer support group, who meet regularly with an eligible mother
and help that mother address barriers to care, mental,
behavioral, and physical well-being, and economic mobility by
providing support services and linkages to community resources.
A community-based mentoring relationship should, to the extent
practicable, have an understanding of the barriers and lived
experience of that community, which may include shared lived
experience.
``(2) Eligible entity.--The term `eligible entity' means a
local government, Indian Tribe (or a consortium of Indian
Tribes), Tribal Organization, Urban Indian Organization, or
nonprofit organization, including religious organizations, with
a demonstrated history of serving eligible mothers.
``(3) Eligible mother.--The term `eligible mother' means--
``(A) a woman who is pregnant; or
``(B) a woman who has primary caregiving
responsibilities for a child under the age of 6.
``(4) Prohibited entity.--The term `prohibited entity'
means an entity, including its affiliates, subsidiaries,
successors, and clinics that, as of the date of enactment of
this section, performs, induces, refers for, or counsels in
favor of abortions, or provides financial support to any other
organization that conducts such activities.''.
SEC. 12. EQUAL TREATMENT FOR RELIGIOUS ORGANIZATIONS IN SOCIAL
SERVICES.
(a) Purposes.--The purposes of this section are the following:
(1) To enable assistance to be provided to individuals and
families in need in the most effective manner.
(2) To prohibit discrimination against religious
organizations in receipt and administration of Federal
financial assistance, including the provision of that
assistance through federally funded social service programs.
(3) To ensure that religious organizations can apply and
compete for Federal financial assistance on a level playing
field with nonreligious organizations.
(4) To provide certainty for religious organizations that
receipt of Federal financial assistance will not obstruct or
hinder their ability to organize and operate in accordance with
their sincerely held religious beliefs.
(5) To strengthen the social service capacity of the United
States by facilitating the entry of new, and the expansion of
existing, efforts by religious organizations in the
administration and provision of Federal financial assistance.
(6) To protect the religious freedom of, and better serve,
individuals and families in need, including by expanding their
ability to choose to receive federally funded social services
from religious organizations.
(b) Provision of Services for Government Programs by Religious
Organizations.--Title XXIV of the Revised Statutes is amended by
inserting after section 1990 (42 U.S.C. 1994) the following:
``SEC. 1990A. ENSURING EQUAL TREATMENT FOR RELIGIOUS ORGANIZATIONS IN
FEDERAL PROVISION OF SOCIAL SERVICES, GRANTMAKING, AND
CONTRACTING.
``(a) In General.--For any social services program carried out by
the Federal Government, or by a State, local government, or pass-
through entity with Federal funds, the entity that awards Federal
financial assistance shall consider religious organizations, on the
same basis as any other private organization, to provide services for
the program.
``(b) Equal Treatment for Religious Organizations in Federal
Financial Assistance.--
``(1) In general.--A religious organization shall be
eligible to apply for and to receive Federal financial
assistance to provide services for a social services program on
the same basis as a private nonreligious organization.
``(2) Selection.--In the selection of recipients for
Federal financial assistance for a social services program
neither the Federal Government nor a State, local government,
or pass-through entity receiving funds for such program may
discriminate for or against a private organization on the basis
of religion, including the organization's religious character,
affiliation, or exercise.
``(3) Prohibition against improper burden on religious
organizations.--
``(A) In general.--Except in the case of another
applicable provision of law that requires or provides
for a religious exemption or accommodation that is
equally or more protective of a religious
organization's religious exercise, the provisions of
subparagraphs (B) through (E) shall apply for any
social services program administered by the Federal
Government or by a State, local government, or pass-
through entity.
``(B) Equal treatment on assurances and notices.--
No document, agreement, covenant, memorandum of
understanding, policy, or regulation, relating to
Federal financial assistance shall require religious
organizations to provide assurances or notices that are
not required of private nonreligious organizations.
``(C) Equal application of restrictions.--Any
restrictions on the use of funds received as Federal
financial assistance shall apply equally to religious
and private nonreligious organizations.
``(D) Program requirements.--All organizations that
receive Federal financial assistance for a social
services program, including religious organizations,
shall carry out eligible activities in accordance with
all program requirements, and other applicable
requirements governing the conduct of activities funded
by the entity that awards Federal financial assistance.
``(E) No disqualification based on religion.--No
document, agreement, covenant, memorandum of
understanding, policy, or regulation, relating to
Federal financial assistance shall--
``(i) disqualify religious organizations
from applying for or receiving Federal
financial assistance for a social services
program on the basis of the organization's
religious character or affiliation, or grounds
that discriminate against the organization on
the basis of the organization's religious
exercise; or
``(ii) prohibit the provision of religious
activities or services at the same time or
location as any program receiving such Federal
financial assistance.
``(c) Religious Character and Freedom.--
``(1) Freedom.--A religious organization that applies for
or receives Federal financial assistance for a social services
program shall retain its independence from Federal, State, and
local governments, including its autonomy, right of expression,
religious character or affiliation, authority over its internal
governance, and other aspects of independence.
``(2) Religious character.--A religious organization that
applies for or receives Federal financial assistance for a
social services program may, among other things--
``(A) retain religious terms in the organization's
name;
``(B) continue to carry out the organization's
mission, including the definition, development,
practice, and expression of its religious beliefs;
``(C) use the organization's facilities to provide
a program without concealing, removing, or altering
religious art, icons, scriptures, or other symbols from
the facilities;
``(D) select, promote, or dismiss the members of
the organization's governing body and the
organization's employees on the basis of their
acceptance of or adherence to the religious tenets of
the organization; and
``(E) include religious references in the
organization's mission statement and other chartering
or governing documents.
``(d) Rights of Covered Beneficiaries of Services.--
``(1) In general.--Except as otherwise provided in any
applicable provision of law that requires or provides for a
religious exemption or accommodation that is equally or more
protective of a religious organization's religious exercise, an
organization that receives Federal financial assistance under a
social services program shall not discriminate against a
covered beneficiary in the provision of a federally funded
program on the basis of religion, a religious belief, or a
refusal to hold a religious belief.
``(2) Special rule.--It shall not be considered
discrimination under paragraph (1) for a program funded by
Federal financial assistance to refuse to modify any components
of the program to accommodate a covered beneficiary who
participates in the organization's program.
``(3) Alternative services.--If a covered beneficiary has
an objection to the character or affiliation of the private
organization from which the beneficiary receives, or would
receive, services as part of the federally funded social
services program, the appropriate Federal, State, or local
governmental entity shall provide to such beneficiary (if
otherwise eligible for such services) within a reasonable
period of time after the date of such objection, a referral for
alternative services that--
``(A) are reasonably accessible to the covered
beneficiary; and
``(B) have a substantially similar value to the
services that the covered beneficiary would initially
have received from such organization.
``(4) Definition.--In this subsection, the term `covered
beneficiary' means an individual who applies for or receives
services under a social services program.
``(e) Religious Exemptions.--A religious organization's exemptions,
in title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.)
(including exemption from prohibitions in employment discrimination in
section 702(a) of that Act (42 U.S.C. 2000e-1(a))), title VIII of the
Civil Rights Act of 1968 (42 U.S.C. 3601 et seq.), title IX of the
Education Amendments of 1972 (20 U.S.C. 1681 et seq.), the Americans
with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), the Religious
Freedom Restoration Act (42 U.S.C. 2000bb et seq.), the Religious Land
Use and Institutionalized Persons Act of 2000 (42 U.S.C. 2000cc et
seq.), or any other provision in law providing an exemption for a
religious organization, shall not be waived because of the religious
organization's participation in, or receipt of funds from, a social
services program funded with Federal financial assistance.
``(f) Limited Audit.--
``(1) In general.--A religious organization providing
services for a social services program using Federal financial
assistance may segregate Federal funds and any required
matching funds provided for such program into a separate
account or accounts. Only the separate accounts consisting of
Federal funds and any required matching funds shall be subject
to audit by the Federal Government with respect to an audit
undertaken for the purposes of oversight of Federal financial
assistance.
``(2) Commingling of funds.--If a religious organization
providing services for a social services program using Federal
financial assistance contributes the organization's own funds
in addition to those funds required by a matching requirement
or agreement to supplement Federal funds, the organization may
segregate the organization's own funds that are not matching
funds into separate accounts, or commingle the organization's
own funds that are not matching funds with the matching funds.
If those funds are commingled, the commingled funds may all be
subject to audit by the Federal Government.
``(g) Private Right of Action.--Any religious organization that
alleges a violation of its rights under this section and seeks to
enforce its rights under this section--
``(1) may bring an action in a court of competent
jurisdiction and assert that violation as a claim, or assert
that violation as a defense in a judicial action; and
``(2) may obtain appropriate relief, including attorney's
fees, against an entity or agency that committed such
violation.
``(h) Federal Preemption of State and Local Laws.--With respect to
any Federal financial assistance provided to a religious organization
for the provision of a social service program, or such assistance
commingled with State or local funds, no State or political subdivision
of a State may adopt, maintain, enforce, or continue in effect any law,
regulation, rule, or requirement covered by the provisions of this
section, or a rule, regulation, or requirement promulgated under this
section.
``(i) Construction.--The provisions of this section shall supersede
all Federal law (including statutory and other law, and policies used
in the implementation of that law) that is enacted or issued before the
date of enactment of this section. No provision of law enacted after
the date of the enactment of this section may be construed as limiting,
superseding, or otherwise affecting this section, except to the extent
that it does so by specific reference to this section.
``(j) Severability.--If any provision of this section or the
application of such provision to any person or circumstance is held to
be unconstitutional, the remainder of this section and the application
of the provisions of such to any person or circumstance shall not be
affected thereby.
``(k) Definitions.--In this section:
``(1) Discriminate on the basis of an organization's
religious exercise.--
``(A) In general.--The term `discriminate', used
with respect to an organization's religious exercise,
means, on the basis of covered conduct or motivation,
to disfavor an organization in a selection process or
in oversight, including--
``(i) by failing to select an organization;
``(ii) by disqualifying an organization; or
``(iii) by imposing any condition or
selection criterion that penalizes or otherwise
disfavors an organization, or has the effect of
so penalizing or disfavoring an organization.
``(B) Covered conduct or motivation.--In this
paragraph, the term `covered conduct or motivation'
means--
``(i) conduct that would not be considered
grounds to disfavor a nonreligious
organization;
``(ii) conduct for which an organization
must or could be granted an exemption or
accommodation in a manner consistent with the
Free Exercise Clause of the First Amendment to
the Constitution, the Religious Freedom
Restoration Act (42 U.S.C. 2000bb et seq.), or
any other provision referenced in subsection
(e); or
``(iii) the actual or suspected religious
motivation for the organization's religious
exercise.
``(2) Other definitions.--
``(A) Federal financial assistance.--The term
`Federal financial assistance' means financial
assistance from the Federal Government that non-Federal
entities receive or administer through grants,
contracts, loans, loan guarantees, property,
cooperative agreements, food commodities, direct
appropriations, or other assistance, but does not
include a tax credit, tax deduction, or guaranty
contract.
``(B) Pass-through entity.--The term `pass-through
entity' means an entity, including a nonprofit or
nongovernmental organization, acting under a grant,
contract, or other agreement with the Federal
Government or with a State or local government, such as
a State administering agency, that accepts direct
Federal financial assistance as a primary recipient
(such as a grant recipient) and distributes that
assistance to other organizations that, in turn,
provide government-funded social services through a
social services program.
``(C) Program.--The term `program' includes the
services provided through that program.
``(D) Religious exercise.--The term `religious
exercise' has the meaning given the term in section 8
of the Religious Land Use and Institutionalized Persons
Act of 2000 (42 U.S.C. 2000cc-5).
``(E) Services.--The term `services', used with
respect to a social services program, includes the
provision of goods, or of financial assistance, under
the social services program.
``(F) Social services program.--The term `social
services program'--
``(i) means a program that is administered
by the Federal Government, or by a State or
local government using Federal financial
assistance, and that provides services directed
at reducing poverty, improving opportunities
for low-income children, revitalizing low-
income communities, empowering low-income
families and low-income individuals to become
self-sufficient, or otherwise helping people in
need; and
``(ii) includes a program that provides, to
people in need--
``(I) child care services,
protective services for children and
adults, services for children and
adults in foster care, adoption
services, services related to
management and maintenance of the home,
day care services for adults, and
services to meet the special needs of
children, older individuals, and
individuals with disabilities;
``(II) transportation services;
``(III) job training and related
services, and employment services;
``(IV) information, referral, and
counseling services;
``(V) the preparation and delivery
of meals, nutrition services, and
services related to soup kitchens or
food banks;
``(VI) health support services;
``(VII) literacy and mentoring
services;
``(VIII) services for the
prevention and treatment of juvenile
delinquency and substance abuse,
services for the prevention of crime
and the provision of assistance to the
victims and families of criminal
offenders, and services related to
intervention in, and prevention of,
domestic violence; or
``(IX) services related to the
provision of assistance for housing
under Federal law.''.
SEC. 13. AWARENESS FOR EXPECTING MOTHERS.
The Public Health Service Act 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 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.
``(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) Reporting Requirements.--
``(1) In general.--Not later than 180 days after 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.
``(k) Definitions.--In this section:
``(1) Abortion.--The term `abortion' means the use or
prescription of any instrument, medicine, drug, or other
substance or device to intentionally--
``(A) kill the unborn child of a woman known to be
pregnant; or
``(B) prematurely terminate the pregnancy of a
woman known to be pregnant, with an intention other
than to--
``(i) increase the probability of a live
birth or of preserving the life or health of
the child after live birth; or
``(ii) remove an ectopic pregnancy or a
dead unborn child.
``(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. 14. WIC REFORM.
(a) Breastfeeding Woman.--
(1) Definition of breastfeeding woman.--Section 17(b) of
the Child Nutrition Act of 1966 (42 U.S.C. 1786(b)) is amended
by striking the subsection designation and all that follows
through the period at the end of paragraph (1) and inserting
the following:
``(b) Definitions.--In this section:
``(1) Breastfeeding woman.--The term `breastfeeding woman'
means a woman who is not more than 2 years postpartum and is
breastfeeding the infant of the woman.''.
(2) Certification.--Section 17(d)(3)(A)(ii) of the Child
Nutrition Act of 1966 (42 U.S.C. 1786(d)(3)(A)(ii)) is amended
by striking ``1 year'' and inserting ``2 years''.
(b) Postpartum Woman.--
(1) Definition of postpartum woman.--Section 17(b)(10) of
the Child Nutrition Act of 1966 (42 U.S.C. 1786(b)(10)) is
amended by striking the period at the end and inserting ``,
and, for purposes of subsection (d), includes women up to 2
years after the birth of a child born alive or a stillbirth.''.
(2) Certification.--Section 17(d)(3)(A) of the Child
Nutrition Act of 1966 (42 U.S.C. 1786(d)(3)(A)) is amended--
(A) in clause (i), by striking ``clause (ii)'' and
inserting ``clauses (ii) and (iii)'';
(B) by redesignating clause (iii) as clause (iv);
and
(C) by inserting after clause (ii) the following:
``(iii) Postpartum women.--A State may
elect to certify a postpartum woman for a
period of up to 2 years after the birth of a
child born alive or a stillbirth.''.
(c) Child Support.--Section 17(e)(4) of the Child Nutrition Act of
1966 (42 U.S.C. 1786(e)(4)) is amended--
(1) in subparagraph (B), by striking ``and'' at the end;
(2) by redesignating subparagraph (C) as subparagraph (D);
and
(3) by inserting after subparagraph (B) the following:
``(C) shall provide to individuals applying for the
program under this section, or reapplying at the end of
their certification period--
``(i) written information about
establishing child support orders under the law
of the State; and
``(ii) on request from the individual
applicant, referral to any program or agency of
the State authorized to determine eligibility
for child support orders; and''.
(d) Child Support Enforcement Plan.--Section 17(f)(1)(C) of the
Child Nutrition Act of 1966 (42 U.S.C. 1786(f)(1)(C)) is amended--
(1) in clause (x), by striking ``and'' at the end;
(2) by redesignating clause (xi) as clause (xii); and
(3) by inserting after clause (x) the following:
``(xi) a plan to facilitate referrals for
participants seeking to establish a child
support order; and''.
(e) Review of Available Supplemental Foods.--Section 17(f)(11)(C)
of the Child Nutrition Act of 1966 (42 U.S.C. 1786(f)(11)(C)) is
amended--
(1) in the matter preceding clause (i), by striking ``10''
and inserting ``5''; and
(2) in clause (ii), by striking ``amend the supplemental
foods available, as necessary, to'' and inserting ``not later
than 18 months after the conclusion of each scientific review
conducted under clause (i), promulgate a final rule to amend
the supplemental foods, as necessary, to''.
(f) Increase in Cash-Value Voucher Amount.--Section 17(f)(11) of
the Child Nutrition Act of 1966 (42 U.S.C. 1786(f)(11)) is amended by
adding at the end the following:
``(D) Increase in cash-value voucher amount.--Using
funds made available for the program authorized by this
section, not later than 30 days after the date of
enactment of the Providing for Life Act, the Secretary
shall--
``(i) increase the amount of the cash-value
voucher (as defined in section 246.2 of title 7
(Code of Federal Regulations) (or a successor
regulation)) to reflect the amount provided to
participants of the program as of August 31,
2022 (and adjusted for inflation); and
``(ii) maintain such amount until the date
on which a new final rule is promulgated
pursuant to subparagraph (C)(ii).''.
SEC. 15. PREGNANCY RESOURCE CENTERS.
(a) In General.--The Secretary of Health and Human Services shall
use amounts available under subsection (b) to provide grants and other
assistance to pregnancy resource centers to assist such centers in
carrying out activities to support women's pregnancy-related health.
(b) Funding.--Notwithstanding any other provision of law, a
pregnancy resource center shall be eligible for funding under title X
of the Public Health Service Act (42 U.S.C. 300 et seq.).
Notwithstanding section 59.2 of title 42, Code of Federal Regulations,
pregnancy resource centers shall not be required to provide, refer, or
counsel in favor of contraception in order to eligible for funding
under such title X. In making funding available under such title X, the
Secretary of Health and Human Services shall give priority to the
funding of pregnancy resource centers.
(c) Definitions.--In this section:
(1) Community referrals.--The term ``community referrals''
means linking a woman to additional care within the community.
Such linkage may include prenatal care, STI testing or
treatment, maternity homes and housing, professional
counseling, licensed adoption agencies, financial aid, addition
recovery help, job and skills training, and legal help.
(2) Material assistance.--The term ``material assistance''
means the provision of goods and resources to pregnant or
parenting women or parenting couples, including diapers and
wipes, car seats, baby furniture, strollers, baby bedding, baby
clothing, baby formula, maternity clothing, or financial
assistance.
(3) Pregnancy resource center.--The term ``pregnancy
resource center'' means a life-affirming organization that
offers a range of services to assist pregnant women, which may
include options such as counseling, obstetrical ultrasound,
sexual transmitted infection (STI) tests and testing, pregnancy
tests and testing, sexual risk avoidance (SRA) education,
parenting education, material assistance, and community
referrals. Such organizations may also be known as pregnancy
help centers, pregnancy resource centers, pregnancy care
centers, pregnancy medical clinics, or simply pregnancy
centers. Such term does not include entities that perform,
prescribe, refer for or encourage abortion or entities that
affiliate with any entity that performs, prescribes, refers
for, or encourages abortion.
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