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S. 76: Standing with Moms Act of 2023


Not to be confused with Life.edu, the website of Life University, a Georgia school for chiropractors.

Context

The very same day that the Supreme Court overturned Roe v. Wade in June 2022, reversing its prior finding of a nationwide constitutional right to abortion, the federal government launched ReproductiveRights.gov.

Run by the Department of Health and Human Services (HHS), the website includes information about reproductive healthcare like birth control, abortion, prenatal care and breastfeeding services and supplies. Republicans criticized the Biden administration’s website for what they contend is a pro-choice bias.

While President Biden and others in his administration have made frequent pro-choice speeches and public statements, the actual website itself is basically entirely informational, with no *overt *slant. However, Republicans contend that its very mention of abortion resources — such as linking to AbortionFinder.org — constitutes an *implicit *pro-choice slant.

What the legislation does

The Standing with Moms Act would create a new website called Life.gov, with anti-abortion information for pregnant people. Currently, Life.gov does not exist.

The website would be required to include information about abortion alternatives, the concept of abortion pill reversal (which has no validity), child development in utero in an attempt to dissuade abortion, and health risks associated with abortion — which in reality are very low.

The website would also be required to contain certain information that doesn’t fan the flames of partisan or ideological culture wars, such as baby supplies and mental health counseling for postpartum depression.

The House version was introduced on January 25 as H.R. 517, by Rep. Nancy Mace (R-SC1). The Senate version was introduced that same day as S. 76, by Sen. Marco Rubio (R-FL).

What supporters say

Supporters argue the federal government should be offering help and information to pregnant women, in a way that doesn’t steer them towards abortion as a potential option.

“It’s important we provide women with the family planning resources they need to carry a healthy baby to term and succeed as new mothers,” Rep. Mace said in a press release. “This site will serve as a resource portal, providing pregnant women in every state access to the most comprehensive network of resources available at the federal, state, and local level, as well as in the private sector. [It would] ensure expecting mothers are supported across the country.”

“Pregnant and newly parenting mothers should not be left in the dark, nor should they be pushed toward abortion. Instead, they should have easy access to the resources they need to look after their babies,” Sen. Rubio said in a separate press release. “This bill would help make that a reality.”

What opponents say

Opponents counter that the Biden administration’s current ReproductiveRights.gov website provides information that pregnant American women need, including the abortion services which are still available in many states — whether you like it or not.

“I share President Biden’s unwavering commitment to protecting access to reproductive health care, including abortion care — no matter who you are or where you live,” Health and Human Services (HHS) Secretary Xavier Becerra said in a 2022 statement.

“At [Biden’s] direction, HHS initiated concrete action to protect access to these critical health care services, as well as the privacy and legal rights of patients and providers,” Becerra continued. “We are working closely with the Attorney General and other federal partners to ensure patients and providers have the information, support, and care they need.”

Odds of passage

Rep. Mace previously introduced a version in 2022, during the prior Congress. It attracted 24 cosponsors, all Republicans, and never received a committee vote in the then-Democratic controlled House.

Her current version has attracted a considerably smaller six cosponsors, all Republicans. It awaits a potential vote in the House Energy and Commerce Committee.

Sen. Rubio also previously introduced a version in 2022, during the prior Congress. It attracted nine cosponsors, all Republicans, and never received a committee vote.

His current version has attracted a slightly larger 12 cosponsors, all Republicans. It awaits a potential vote in the Senate HELP (Health, Education, Labor, and Pensions) Committee.

Odds of passage are low in the Democratic-controlled chamber.

Last updated Feb 20, 2023. View all GovTrack summaries.

The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress, and was published on Feb 9, 2023.


Standing with Moms Act of 2023

This bill requires the Department of Health and Human Services (HHS) to disseminate information about pregnancy-related resources.

Specifically, HHS must maintain a public website (life.gov) that lists such resources that are available through federal, state, and local governments and private entities.

Additionally, HHS must maintain on its website a portal that provides a user, based on the user's responses to a series of questions, tailored information about pregnancy resources available in the user's zip code and risks related to abortion. HHS must develop a plan to conduct follow-up outreach to users of the portal (if the user consents to the outreach). States must recommend resources that meet criteria set by HHS for including through the portal. HHS may award grants to states to establish or support a system that aggregates resources to include on the portal.

Further, the Health Resources and Services Administration must share information about life.gov and the portal through the Maternal Mental Health Hotline.

HHS must also ensure that the life.gov website and hotline are available to families who speak languages other than English.

The bill excludes from life.gov, the portal, and the hotline resources provided by entities that (1) perform, induce, refer for, or counsel in favor of abortions; or (2) financially support such entities.

The bill also requires HHS to report on traffic to life.gov and the portal, gaps in services available to pregnant and postpartum individuals, and related matters.