[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1126 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 1126
To make improvements in prenatal and maternal care, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 21, 2023
Mrs. Fischbach introduced the following bill; which was referred to the
Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To make improvements in prenatal and maternal care, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Health, Opportunity, Protecting
life, Education Act'' or the ``HOPE Act''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--ALTERNATIVES TO ABORTION
Sec. 101. Improving access to prenatal telehealth care.
Sec. 102. Positive alternatives for women.
Sec. 103. Educated decisions on maternal health.
Sec. 104. Life.Gov: awareness for expecting mothers.
Sec. 105. Parental notification.
Sec. 106. Moratorium on Federal funding to Planned Parenthood
Federation of America, Inc.
Sec. 107. Funding.
TITLE II--GENERAL PROVISIONS
Sec. 201. Rule of construction.
TITLE I--ALTERNATIVES TO ABORTION
SEC. 101. IMPROVING ACCESS TO PRENATAL TELEHEALTH CARE.
(a) In General.--The Secretary of Health and Human Services shall
award grants or cooperative agreements to eligible entities to purchase
equipment necessary for carrying out at-home telehealth visits for
screening, monitoring, and management of prenatal and postnatal care
for the purpose of improving maternal and infant health outcomes, and
reducing maternal mortality, by improving access to care in rural
areas, frontier counties, medically underserved areas, or jurisdictions
of Indian Tribes and Tribal organizations.
(b) Use of Funds.--A recipient of a grant under this section shall
use the grant as described in subsection (a), which may include
purchasing or providing equipment necessary for carrying out at-home
telehealth visits (such as remote physiologic devices and related
services, including pulse oximeters, blood pressure cuffs, scales, and
blood glucose monitors) to screen, monitor, and manage prenatal and
postnatal care at home by means of telehealth visits and services for
the purpose described in subsection (a).
(c) Report to Congress.--Not later than September 30, 2028, the
Secretary shall submit to the Congress a report on activities supported
through grants under this section, including--
(1) a description of the activities conducted pursuant to
such grants; and
(2) an analysis of the effects of such grants on improving
prenatal and postnatal care in areas and jurisdictions
described in subsection (a).
(d) Definitions.--In this section:
(1) The term ``eligible entity'' means an entity providing
prenatal care, labor care, birthing, and postpartum care
services in a rural area, a frontier county, a medically
underserved area, or the jurisdiction of an Indian Tribe or
Tribal organization.
(2) The term ``frontier county'' has the meaning given such
term in section 1886(d)(3)(E)(iii)(III) of the Social Security
Act (42 U.S.C. 1395ww(d)(3)(E)(iii)(III)).
(3) The terms ``Indian Tribe'' and ``Tribal organization''
have the meanings given to such terms in section 4 of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 5304).
(4) The term ``medically underserved area'' means a health
professional shortage area designated under section 332 of the
Public Health Service Act (42 U.S.C. 254e).
(5) The term ``rural area'' has the meaning given to such
term in section 330J(e) of the Public Health Service Act (42
U.S.C. 254c-15(e)).
(6) The term ``Secretary'' means the Secretary of Health
and Human Services.
(e) Authorization of Appropriations.--To carry out this section,
there are authorized to be appropriated such sums as may be necessary
for fiscal years 2024 through 2029.
SEC. 102. POSITIVE ALTERNATIVES FOR WOMEN.
(a) Program Authority.--
(1) Purpose.--The purpose of grants under this section
shall be to support, encourage, and assist women--
(A) to carry their pregnancies to term; and
(B) to care for their babies after birth.
(2) Grants.--For the purpose described in paragraph (1),
the Secretary shall award grants to eligible entities described
in subsection (b) to provide information on, referral to, and
direct services as described in subsection (c).
(b) Eligibility.--
(1) Eligible entities.--To be eligible for a grant under
this section, an entity shall--
(A) be a nonprofit organization;
(B) support, encourage, and assist women as
described in subsection (a)(1);
(C) agree to be subject to such monitoring and
review as the Secretary may require under subsection
(g);
(D) agree to not charge women for services provided
through the grant;
(E) provide each pregnant woman counseled through
the grant with accurate information on the
developmental characteristics of babies and of unborn
children, including offering printed information; and
(F) have a privacy policy and procedures in place
to ensure that--
(i) the name, address, telephone number, or
any other information that might identify any
woman seeking services supported through the
grant is not made public or shared with any
other entity without the written consent of the
woman; and
(ii) the grantee adheres to requirements
comparable to those applicable under the HIPAA
privacy regulation (as defined in section
1180(b)(3) of the Social Security Act (42
U.S.C. 1320d-9)) to covered entities (as
defined for purposes of such regulation).
(2) Ineligible entities.--An entity shall be ineligible to
receive a grant under this section if the entity or any
affiliate, subsidiary, successor, or clinic thereof--
(A) performs, induces, refers for, or counsels in
favor of abortions; or
(B) provides financial support to any other entity
that conducts any activity described in subparagraph
(A).
(3) Financial records.--As a condition on receipt of a
grant under this section, an eligible entity shall agree to
maintain and make available to the Secretary records, including
financial records, that demonstrate that the entity satisfies
the requirements of paragraph (1) and is not ineligible by
operation of paragraph (2).
(c) Covered Services.--
(1) Required information and referral.--For the purpose
described in subsection (a)(1), an eligible entity receiving a
grant under this section shall use the grant to provide
information on, and referral to, each of the following
services:
(A) Medical care.
(B) Nutritional services.
(C) Housing assistance.
(D) Adoption services.
(E) Education and employment assistance, including
services that support the continuation and completion
of high school.
(F) Child care assistance.
(G) Parenting education and support services.
(H) Voluntary substance abuse counseling and
treatment.
(2) Permissible direct provision of services.--For the
purpose described in subsection (a)(1), in addition to using a
grant under this section as described in paragraph (1), an
eligible entity receiving a grant under this section may use
the grant for the direct provision of one or more services
listed in paragraph (1).
(d) Prohibited Uses of Funds.--None of the funds made available
under this section shall be used--
(1) for health benefits coverage that includes coverage of
abortion;
(2) for providing or assisting a woman to obtain adoption
services from a provider of adoption services that is not
licensed; and
(3) for any of the activities described in subsection
(b)(2).
(e) Approval of Information as Medically Accurate.--As a condition
on the receipt of a grant under this section, an eligible entity shall
refrain from providing any information pursuant to the grant on the
health risks associated with abortions other than information that has
been approved by the Secretary as medically accurate.
(f) Consideration.--In selecting the recipients of grants under
this section, the Secretary shall consider each applicant's
demonstrated capacity in providing services to assist a pregnant woman
in carrying her pregnancy to term.
(g) Monitoring and Review.--The Secretary shall--
(1) monitor and review each program funded through a grant
under this section to ensure that the grantee carefully adheres
to--
(A) the purpose described in subsection (a)(1); and
(B) the requirements of this section; and
(2) cease to fund a program under this section if the
grantee fails to adhere to such purpose and requirements.
(h) Definitions.--In this section:
(1) Abortion.--The term ``abortion'' means the use or
prescription of any instrument, medicine, drug, or any other
substance or device to intentionally--
(A) kill the unborn child of a woman known to be
pregnant; or
(B) terminate the pregnancy of a woman known to be
pregnant, with an intention other than--
(i) after viability, to produce a live
birth and preserve the life and health of the
child born alive;
(ii) to remove a dead unborn child; or
(iii) to treat an ectopic pregnancy.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(i) Authorization of Appropriations.--To carry out this section,
there are authorized to be appropriated such sums as may be necessary
for fiscal years 2024 through 2029.
SEC. 103. EDUCATED DECISIONS ON MATERNAL HEALTH.
(a) In General.--
(1) Requirement of compliance by providers.--Any abortion
provider, acting in or affecting interstate or foreign
commerce, who knowingly performs, or attempts to perform, any
abortion shall comply with the requirements of this section.
(2) Review of medical risks and unborn health status.--An
abortion provider who intends to perform, or attempt to
perform, an abortion may not perform any part of the abortion
procedure without first obtaining a signed Informed Consent
Authorization form in accordance with this subsection.
(3) Informed consent authorization form.--
(A) In general.--The Informed Consent Authorization
form required under this subsection shall--
(i) be presented in person by the abortion
provider 24 hours prior to performing, or
attempting to perform, the abortion to the
woman seeking the abortion; and
(ii) consist of--
(I) a statement, in easily
understandable common language, by the
abortion provider indicating--
(aa) the probable
gestational age, in completed
days, of the child;
(bb) all medical risks
associated with the specific
abortion procedure; and
(cc) the major
developmental characteristics
of unborn children at such
gestational age, including the
presence of a heartbeat, the
ability to react to painful
stimuli, and the development of
organs, fingers, and facial
features;
(II) a statement, in easily
understandable common language, that
the requirements of this subsection are
binding upon the abortion provider and
all other medical personnel, that such
abortion providers and medical
personnel are subject to criminal and
civil penalties for violations of these
requirements, and that a woman on whom
an abortion has been performed may take
civil action if these requirements are
not followed; and
(III) an affirmation that each
individual signing the Informed Consent
Authorization form has filled out the
form to the best of his or her
knowledge and understands the
information contained in the form.
(B) Signatories required.--The Informed Consent
Authorization form required under this subsection shall
be signed in person by the woman seeking the abortion,
the abortion provider performing or attempting to
perform the abortion, and a witness.
(C) Retention of consent form.--The abortion
provider performing or attempting to perform an
abortion shall retain the signed Informed Consent
Authorization form required under this subsection in
the patient's medical file.
(D) Requirement for data retention.--Paragraph
(j)(2) of section 164.530 of title 45, Code of Federal
Regulations, shall apply to the Informed Consent
Authorization form required to be placed in a patient's
medical file pursuant to subparagraph (C) in the same
manner and to the same extent as such paragraph applies
to documentation required by paragraph (j)(1) of such
section.
(E) Copy of form.--A copy of the signed Informed
Consent Authorization required under this subsection
shall be provided to the woman seeking an abortion.
(4) Exceptions.--The requirements of this subsection shall
not apply if, in reasonable medical judgment, compliance with
paragraph (2) would pose a greater risk of--
(A) the death of the pregnant woman; or
(B) the substantial and irreversible physical
impairment of a major bodily function, not including
psychological or emotional conditions, of the pregnant
woman.
(b) Penalty for Failure To Comply.--
(1) Civil penalty.--
(A) Enforcement by attorney general.--The Attorney
General shall commence a civil action in an appropriate
district court of the United States under this
subsection against any abortion provider who knowingly
commits a violation of subsection (a).
(B) Penalty.--In a civil action under subparagraph
(A), the court may, to vindicate the public interest,
assess a civil penalty against the abortion provider in
an amount--
(i) not less than $100,000 and not more
than $150,000, for each such violation that is
adjudicated in the first proceeding against
such abortion provider under this subsection;
or
(ii) not less than $150,001 and not more
than $250,000, for each such violation that is
adjudicated in a subsequent proceeding against
such abortion provider under this subsection.
(C) Notification.--Upon the assessment of a civil
penalty under subparagraph (B), the Attorney General
shall notify the appropriate State medical licensing
authority.
(D) No penalties for pregnant women.--A pregnant
woman shall not be subject to any penalty under this
section.
(2) Private right of action.--
(A) In general.--A woman or a parent of a minor
upon whom an abortion has been performed in violation
of subsection (a) may commence a civil action against
the abortion provider for appropriate relief.
(B) Appropriate relief.--Appropriate relief in a
civil action under this paragraph includes--
(i) objectively verifiable money damages
for all injuries, psychological and physical,
occasioned by the violation;
(ii) statutory damages equal to 3 times the
cost of the abortion; and
(iii) punitive damages.
(C) Attorney's fees for plaintiff.--The court shall
award a reasonable attorney's fee as part of the costs
to a prevailing plaintiff in a civil action under this
paragraph.
(D) Attorney's fees for defendant.--If a defendant
in a civil action under this paragraph prevails and the
court finds that the plaintiff's suit was frivolous,
the court shall award a reasonable attorney's fee in
favor of the defendant against the plaintiff.
(E) Awards against woman.--In any civil action
under this paragraph, no damages or other monetary
relief, and no attorney's fees except as provided under
subparagraph (D), may be assessed against the woman
upon whom the abortion was performed or attempted.
(c) Preemption.--Nothing in this title or the amendments made by
this title shall be construed to preempt any provision of State law to
the extent that such State law establishes, implements, or continues in
effect disclosure requirements regarding abortion or penalties for
failure to comply with such requirements that are more extensive than
those provided under the amendment made by this title.
(d) Rule of Construction.--Nothing in this title shall be construed
to prohibit an abortion provider from presenting the information
required under subsection (a) to a pregnant woman at the same time as
acquiring informed consent for an abortion from such woman in
accordance with State law, provided that the presentation of such
information occurs at least 24 hours before the abortion.
(e) Definitions.--In this section:
(1) Abortion.--The term ``abortion'' means the use or
prescription of any instrument, medicine, drug, or any other
substance or device to intentionally--
(A) kill the unborn child of a woman known to be
pregnant; or
(B) terminate the pregnancy of a woman known to be
pregnant, with an intention other than--
(i) after viability, to produce a live
birth and preserve the life and health of the
child born alive;
(ii) to remove a dead unborn child; or
(iii) to treat an ectopic pregnancy.
(2) Abortion provider.--The term ``abortion provider''
means a person--
(A) licensed to practice medicine and surgery or
osteopathic medicine and surgery; or
(B) otherwise legally authorized to perform an
abortion.
(3) Attempt.--The term ``attempt'', with respect to an
abortion, means conduct that, under the circumstances as the
actor believes them to be, constitutes a substantial step in a
course of conduct planned to culminate in performing an
abortion.
(4) Minor.--The term ``minor'' means an individual who has
not attained the age of 18 years.
(5) Perform.--The term ``perform'', with respect to an
abortion, includes inducing an abortion through a medical or
chemical intervention including writing a prescription for a
drug or device intended to result in an abortion.
(6) Reasonable medical judgment.--The term ``reasonable
medical judgment'' means a medical judgment that would be made
by a reasonably prudent abortion provider, knowledgeable about
the case and the treatment possibilities with respect to the
medical conditions involved.
(7) Unborn child.--The term ``unborn child'' means an
individual organism of the species homo sapiens, beginning at
fertilization, until the point of being born alive as defined
in section 8(b) of title 1, United States Code.
(8) Woman.--The term ``woman'' means a female human being
whether or not she has reached the age of majority.
SEC. 104. LIFE.GOV: AWARENESS FOR EXPECTING MOTHERS.
The Public Health Service Act (42 U.S.C. 201 et seq.) is amended by
adding at the end the following:
``TITLE XXXIV--AWARENESS FOR EXPECTING MOTHERS
``SEC. 3401. WEBSITE AND PORTAL.
``(a) Website.--Not later than 1 year after the date of enactment
of this section, the Secretary shall publish a user-friendly public
website, life.gov, to provide a comprehensive list of Federal, State,
local governmental, and private resources available to pregnant women
including--
``(1) resources to mental health counseling, pregnancy
counseling, and other prepartum and postpartum services;
``(2) comprehensive information on alternatives to
abortion;
``(3) information about abortion risks, including
complications and failures; and
``(4) links to information on child development from moment
of conception.
``(b) Portal.--Not later than 1 year after the date of enactment of
this section, the Secretary shall publish a portal on the public
website of the Department of Health and Human Services that--
``(1) through a series of questions, will furnish specific
tailored information to the user on what pregnancy-related
information they are looking for, such as--
``(A) Federal, State, local governmental, and
private resources that may be available to the woman
within her ZIP Code, including the resources specified
in subsection (c); and
``(B) risks related to abortion at all stages of
fetal gestation; and
``(2) provides for the submission of feedback on how user-
friendly and helpful the portal was in providing the tailored
information the user was seeking.
``(c) Resources.--The Federal, State, local governmental, and
private resources specified in this subsection are the following:
``(1) Mentorship opportunities, including pregnancy help
and case management resources.
``(2) Health and well-being services, including women's
medical services such as obstetrical and gynecological support
services for women, abortion pill reversal, breastfeeding,
general health services, primary care, and dental care.
``(3) Financial assistance, work opportunities, nutrition
assistance, childcare, and education opportunities.
``(4) Material or legal support, including transportation,
food, nutrition, clothing, household goods, baby supplies,
housing, shelters, maternity homes, tax preparation, legal
support for child support, family leave, breastfeeding
protections, and custody issues.
``(5) Recovery and mental health services, including
services with respect to addiction or suicide intervention,
intimate partner violence, sexual assault, rape, sex
trafficking, and counseling for women and families surrounding
unexpected loss of a child.
``(6) Prenatal diagnostic services, including disability
support organizations, medical interventions for a baby,
perinatal hospice resources, pregnancy and infant loss support,
and literature on pregnancy wellness.
``(7) Healing and support services for abortion survivors
and their families.
``(8) Services providing care for children, including
family planning education, adoption, foster care, and short-
term care resources.
``(d) Administration.--The Secretary may not delegate
implementation or administration of the portal established under
subsection (b) below the level of the Office of the Secretary.
``(e) Follow-Up.--The Secretary shall develop a plan under which--
``(1) the Secretary includes in the portal established
under subsection (b), a mechanism for users of the portal to
take an assessment through the portal and provide consent to
use the user's contact information;
``(2) the Secretary conducts outreach via phone or email to
follow up with users of the portal established under subsection
(b) on additional resources that would be helpful for the users
to review; and
``(3) upon the request of a user of the portal for specific
information, after learning of the additional resources through
the portal, agents of the Department of Health and Human
Services make every effort to furnish specific information to
such user in coordination with Federal, State, local
governmental, and private health care providers and resources.
``(f) Resource List Aggregation.--
``(1) In general.--Pursuant to criteria developed in
subsection (e)(2), each State shall provide recommendations of
State, local governmental, and private resources under
subsection (b)(1)(A) to include in the portal.
``(2) Criteria for making recommendations.--The Secretary
shall develop, and make public, criteria to provide to the
States to determine whether resources recommended as described
in paragraph (1) for inclusion in the portal can appear in the
portal. Such criteria shall include the requirement that the
resource provider is not a prohibited entity and the
requirement that the resource provider has been engaged in
providing services for a minimum of 3 consecutive years. The
Secretary shall establish a process for a resource provider to
appeal a decision on inclusion.
``(3) Grant program.--
``(A) In general.--The Secretary may provide grants
to States to establish or support a system that
aggregates the resources described in subsection
(b)(1)(A), in accordance with the criteria developed
under paragraph (2), and that may be coordinated, to
the extent determined appropriate by the State, by a
statewide, regionally based, or community-based public
entity or private nonprofit.
``(B) Applications.--To be eligible to receive a
grant under subparagraph (A), a State shall submit an
application to the Secretary at such time, in such
manner, and containing such information as the
Secretary may require, including a plan for outreach
and awareness activities, and a list of service
providers that would be included in the State system
supported by the grant.
``(g) Maternal Mental Health Hotline.--The Secretary shall ensure
that the Maternal Mental Health Hotline of the Health Resources and
Services Administration--
``(1) disseminates information regarding, and linkages to,
the life.gov website and portal described in subsections (a)
and (b);
``(2) has the capacity to help families in every State and
community in the Nation; and
``(3) includes live chat features, 24 hours a day, to
connect individuals to the information the portal hosts.
``(h) Prohibition Regarding Certain Entities.--The resources listed
on the life.gov website, and made available through the portal and
hotline established under this section may not include any resource
offered by a prohibited entity.
``(i) Services in Different Languages.--The life.gov website and
hotline shall ensure the widest possible access to services for
families who speak languages other than English.
``(j) Privacy Protection.--
``(1) Any entity providing resources under this title must
have a privacy policy and procedures in place to ensure that
the name, address, telephone number, or any other information
that might identify any woman seeking the services of the
program is not made public or shared with any other agency or
organization without the written consent of the woman. All
communications between the resource and the woman must remain
confidential and any entity providing resources shall adhere to
requirements comparable to those applicable under the HIPAA
privacy regulation (as defined in section 1180(b)(3) of the
Social Security Act) to covered entities (as defined for
purposes of such regulation).
``(2) Notwithstanding paragraph (1), the Secretary has
access to any information necessary to monitor and review a
grantee's program as required under subsection (k).
``(k) Reporting Requirements.--
``(1) In general.--Not later than 180 days after the date
on which the life.gov website and portal are established under
subsection (a), the Secretary shall submit to Congress a report
on--
``(A) the traffic of the website and the
interactive portal;
``(B) user feedback on the accessibility and
helpfulness of the website and interactive portal in
tailoring to the user's needs;
``(C) insights on gaps in Federal, State, local
governmental, and private programming with respect to
services for pregnant and postpartum women; and
``(D) suggestions on how to improve user experience
and accessibility based on user feedback and missing
resources that would be helpful to include in future
updates.
``(2) Confidentiality.--The report under paragraph (1)
shall not include any personal identifying information
regarding individuals who have used the website or portal.
``(l) Definitions.--In this section:
``(1) Abortion.--The term `abortion' means the use or
prescription of any instrument, medicine, drug, or any other
substance or device to intentionally--
``(A) kill the unborn child of a woman known to be
pregnant; or
``(B) terminate the pregnancy of a woman known to
be pregnant, with an intention other than--
``(i) after viability, to produce a live
birth and preserve the life and health of the
child born alive;
``(ii) to remove a dead unborn child; or
``(iii) to treat an ectopic pregnancy.
``(2) Born alive.--The term `born alive' has the meaning
given such term in section 8(b) of title 1, United States Code.
``(3) Prohibited entity.--The term `prohibited entity'
means an entity, including its affiliates, subsidiaries,
successors, and clinics that performs, induces, refers for, or
counsels in favor of abortions, or provides financial support
to any other organization that conducts such activities.
``(4) Unborn child.--The term `unborn child' means an
individual organism of the species homo sapiens, beginning at
fertilization, until the point of being born alive.''.
SEC. 105. PARENTAL NOTIFICATION.
(a) Requirement.--Any physician who, in or affecting interstate or
foreign commerce, performs or induces an abortion on a minor shall
provide, or cause his or her agent to provide--
(1) at least 24 hours of actual notice to a parent of the
minor before performing or inducing the abortion; or
(2) at least 48 hours of constructive notice to a parent of
the minor before performing or inducing the abortion.
(b) Exceptions.--The notification requirement of subsection (a)
does not apply if--
(1) the abortion is performed or induced in a State that
has, in force, a law requiring parental involvement in a
minor's abortion decision and the physician complies with the
requirements of that law;
(2) the physician is presented with documentation showing
with a reasonable degree of certainty that a court in the
minor's State of residence has waived any parental notification
required by the laws of that State, or has otherwise authorized
that the minor be allowed to procure an abortion;
(3) the minor declares in a signed written statement that
she is the victim of sexual abuse, neglect, or physical abuse
by a parent, and, before an abortion is performed on the minor,
the physician notifies the authorities specified to receive
reports of child abuse or neglect by the law of the State in
which the minor resides of the known or suspected abuse or
neglect;
(4) the abortion is necessary to save the life of the minor
because her life was endangered by a physical disorder,
physical injury, or physical illness, including a life
endangering physical condition caused by or arising from the
pregnancy itself, but an exception under this paragraph does
not apply unless the attending physician or an agent of such
physician, within 24 hours after completion of the abortion,
notifies a parent in writing that an abortion was performed on
the minor and of the circumstances that warranted invocation of
this paragraph; or
(5) the minor is physically accompanied by a person who
presents the physician or his agent with documentation showing
with a reasonable degree of certainty that he or she is in fact
the parent of that minor.
(c) Penalty for Failure To Comply.--
(1) Civil penalty.--
(A) Enforcement by attorney general.--The Attorney
General shall commence a civil action in an appropriate
district court of the United States under this
subsection against any physician who commits a
violation of subsection (a).
(B) Penalty.--In a civil action under subparagraph
(A), the court may, to vindicate the public interest,
assess a civil penalty against the physician in an
amount--
(i) not less than $100,000 and not more
than $150,000, for each such violation that is
adjudicated in the first proceeding against
such physician under this subsection; or
(ii) not less than $150,001 and not more
than $250,000, for each such violation that is
adjudicated in a subsequent proceeding against
such physician under this subsection.
(C) Notification.--Upon the assessment of a civil
penalty under subparagraph (B), the Attorney General
shall notify the appropriate State medical licensing
authority.
(D) No penalties for pregnant women.--A pregnant
woman shall not be subject to any penalty under this
section.
(2) Private right of action.--
(A) In general.--A parent of a minor upon whom an
abortion has been performed or induced in violation of
subsection (a) (other than a parent described in
subsection (b)(3)) may commence a civil action against
the physician for appropriate relief.
(B) Appropriate relief.--Appropriate relief in a
civil action under this paragraph includes--
(i) objectively verifiable money damages
for all injuries, psychological and physical,
occasioned by the violation;
(ii) statutory damages equal to 3 times the
cost of the abortion; and
(iii) punitive damages.
(C) Attorney's fees for plaintiff.--The court shall
award a reasonable attorney's fee as part of the costs
to a prevailing party in a civil action under this
paragraph.
(d) Definitions.--For the purposes of this section--
(1) the term ``abortion'' means the use or prescription of
any instrument, medicine, drug, or any other substance or
device to intentionally--
(A) kill the unborn child of a woman known to be
pregnant; or
(B) terminate the pregnancy of a woman known to be
pregnant, with an intention other than--
(i) after viability, to produce a live
birth and preserve the life and health of the
child born alive;
(ii) to remove a dead unborn child; or
(iii) to treat an ectopic pregnancy;
(2) the term ``actual notice'' means the giving of written
notice directly, in person, by the physician or any agent of
the physician;
(3) the term ``constructive notice'' means notice that is
given by certified mail, return receipt requested, restricted
delivery to the last known address of the person being
notified, with delivery deemed to have occurred 48 hours
following noon on the next day subsequent to mailing on which
regular mail delivery takes place, days on which mail is not
delivered excluded;
(4) the term ``law requiring parental involvement in a
minor's abortion decision'' means a law--
(A) requiring, before an abortion is performed on a
minor, either--
(i) the notification to a parent of that
minor; or
(ii) proceedings in a State court; and
(B) that does not provide as an alternative to the
requirements described in subparagraph (A) notification
to any person or entity who is not described in that
subparagraph;
(5) the term ``minor'' means an individual who has not
attained the age of 18 years and who is not emancipated under
the law of the State in which the minor resides;
(6) the term ``parent'' means--
(A) a parent or guardian;
(B) a legal custodian; or
(C) a person standing in loco parentis who has care
and control of the minor, and with whom the minor
regularly resides, as determined by State law;
(7) the term ``physician'' means a doctor of medicine
legally authorized to practice medicine by the State in which
such doctor practices medicine, or any other person legally
empowered under State law to perform an abortion; and
(8) the term ``State'' includes the District of Columbia
and any commonwealth, possession, or other territory of the
United States, and any Indian Tribe or reservation.
SEC. 106. MORATORIUM ON FEDERAL FUNDING TO PLANNED PARENTHOOD
FEDERATION OF AMERICA, INC.
(a) In General.--For the one-year period beginning on the date of
the enactment of this Act, subject to subsection (b), no funds
authorized or appropriated by Federal law may be made available for any
purpose to Planned Parenthood Federation of America, Inc., or any
affiliate or clinic of Planned Parenthood Federation of America, Inc.,
unless such entities certify that Planned Parenthood Federation of
America affiliates and clinics will not perform, and will not provide
any funds to any other entity that performs, an abortion during such
period.
(b) Exception.--Subsection (a) shall not apply to an abortion--
(1) if the pregnancy is the result of an act of rape or
incest; or
(2) in the case where a woman suffers from a physical
disorder, physical injury, or physical illness that would, as
certified by a physician, place the woman in danger of death
unless an abortion is performed, including a life-endangering
physical condition caused by or arising from the pregnancy
itself.
(c) Repayment.--The Secretary of Health and Human Services and the
Secretary of Agriculture shall seek repayment of any Federal assistance
received by Planned Parenthood Federation of America, Inc., or any
affiliate or clinic of Planned Parenthood Federation of America, Inc.,
if it violates the terms of the certification required by subsection
(a) during the period specified in subsection (a).
SEC. 107. FUNDING.
There is authorized to be appropriated, and appropriated,
$235,000,000 to carry out sections 101, 102, and 103 of this Act, and
section 3401 of the Public Health Service Act, as added by section 104.
TITLE II--GENERAL PROVISIONS
SEC. 201. RULE OF CONSTRUCTION.
Nothing in this Act shall be construed to reduce overall Federal
funding available in support of women's health.
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