MOMS Act
- Bill Number
- H.R. 3235
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Health
- Status
- Introduced
- Latest Action
- 2025-05-07: Referred to the Committee on Ways and Means, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
- Last Updated
- 2026-05-21T08:08:16Z
AI-Generated Summary
Purpose of the Legislation
The "More Opportunities for Moms to Succeed Act" (MOMS Act) aims to support pregnant women, postpartum mothers, and women raising young children by creating federal resources, funding programs, and expanding child support options. It focuses on providing alternatives to abortion, improving access to health and support services, and excluding entities involved in abortion services from federal involvement.
Key Provisions
The bill is divided into three titles, amending the Public Health Service Act and the Social Security Act.
Title I: Federal Clearinghouse of Resources for Expecting Moms
- Sec. 101: Pregnancy.gov Website
Requires the Secretary of Health and Human Services (HHS) to launch a public website (pregnancy.gov) within one year of enactment. The site serves as a resource hub for pregnant and postpartum women, including interactive tools to find local services (e.g., mentorship, health care, financial aid, adoption, mental health support, and information on abortion alternatives and risks). It excludes "prohibited entities" (defined as those that perform, refer for, counsel on, or fund abortions). States can recommend resources via grants, and the site must support multiple languages. HHS must report to Congress on usage, gaps, and ensure no prohibited entities are included. Funding is authorized for fiscal years 2025–2030.
- Sec. 102: National List of Licensed Child Placement Agencies
States must annually report licensed, tax-exempt private adoption agencies to HHS, which compiles them on pregnancy.gov. States failing to report lose eligibility for federal adoption incentives. HHS reports the list to Congress annually, noting any disciplinary actions.
- Sec. 103: List of Funding Opportunities for Pregnancy Support Centers
HHS must maintain a list on pregnancy.gov of federal grants available to nonprofits and health care providers offering pregnancy support services (e.g., those listed in Sec. 101).
Title II: Improving Access to Prenatal and Postnatal Resources
- Sec. 201: Positive Alternatives for Women
HHS awards grants to nonprofits that help women carry pregnancies to term and care for newborns. Grantees must provide free information, referrals, and possibly direct services (e.g., medical care, nutrition, housing, adoption, education, child care, parenting support, substance abuse counseling). Requirements include privacy protections similar to HIPAA (Health Insurance Portability and Accountability Act, a federal law protecting medical privacy) and providing accurate fetal development info. Prohibited entities (abortion-related) are ineligible. Funds cannot cover abortion or unlicensed adoption services. HHS monitors compliance and can defund non-adherent grantees. Funding authorized for 2025–2030.
- Sec. 202: Improving Access to Prenatal and Postnatal Telehealth Care
HHS provides grants or agreements to entities in rural, frontier, medically underserved, or Tribal areas to buy telehealth equipment (e.g., blood pressure monitors, scales) for at-home prenatal/postnatal monitoring to improve health outcomes and reduce maternal mortality. Prohibited entities are ineligible. A report to Congress is due by September 30, 2029, on activities and impacts. Funding authorized for 2025–2030. (Medically underserved area: a region with shortages of health professionals; frontier county: a sparsely populated rural area.)
Title III: Unborn Child Support
- Sec. 301: Child Support Enforcement on Behalf of Unborn Children
Amends state child support plans under the Social Security Act to include "unborn children" (defined as a human at any development stage in the womb). States must enforce support from biological fathers starting from the estimated conception month (if the mother requests), with retroactive collection possible even after birth. Courts determine amounts considering the mother's and child's best interests. Paternity tests require maternal consent and cannot harm the unborn child. Waivers for experimental projects cannot alter these rules. Effective two years after enactment.
Significant Changes to Existing Law
- Adds a new Title XXXIV to the Public Health Service Act for the pregnancy.gov website and related lists, introducing a centralized federal resource excluding abortion providers—a novel prohibition not previously mandated at this scale.
- Amends the Social Security Act (Sections 474, 473A, 454, and 1115) to require state reporting of adoption agencies, tie compliance to federal incentives, and expand child support to unborn children from conception (previously limited to born children). Limits waivers that could bypass unborn child support rules.
- Introduces definitions like "abortion" (intentional termination except in specific life-saving cases), "prohibited entity," and "unborn child," standardizing terms across contexts and barring federal funds or listings for abortion-affiliated groups.
Potential Impacts
- Government Agencies: HHS gains responsibilities for website management, grant administration, reporting, and monitoring (e.g., ensuring privacy and exclusion of prohibited entities), potentially increasing workload and costs (authorized but not specified amounts). States must update child support systems and report data, risking loss of federal adoption funds for non-compliance.
- Citizens: Pregnant women in underserved areas may gain easier access to localized support, telehealth, and child support from conception, potentially reducing financial burdens and improving maternal/infant health. However, exclusion of abortion providers could limit comprehensive reproductive options. Privacy protections aim to safeguard user data.
- International Relations: No direct impacts mentioned; the bill is domestic-focused.
Main Stakeholders Affected
- Pregnant, Postpartum, and Parenting Women: Primary beneficiaries through resources, grants, and child support enforcement.
- Nonprofit Pregnancy Support Centers and Adoption Agencies: Eligible for funding and listings if they meet criteria (e.g., no abortion ties), potentially expanding their reach.
- Biological Fathers: Newly subject to potential child support obligations from conception, affecting financial responsibilities.
- States and Tribal Organizations: Must comply with reporting and enforcement, with incentives or penalties tied to federal funding.
- HHS and Health Providers in Underserved Areas: Responsible for implementation, grants, and telehealth expansion.
Notable Legal, Constitutional, or Political Implications
- Legal: Expands child support to pre-birth stages, which could lead to court challenges on enforceability (e.g., proving conception date) or conflicts with state abortion laws post-Dobbs v. Jackson (2022 Supreme Court decision overturning federal abortion rights). Prohibitions on "prohibited entities" may invite lawsuits over free speech or equal access to federal resources.
- Constitutional: Defining and protecting "unborn children" raises potential due process issues for fathers (e.g., consent requirements) and equal protection concerns for women if support options indirectly influence reproductive choices. No direct First Amendment conflicts noted, but exclusions could be seen as viewpoint discrimination.
- Political: Promotes pro-life policies by funding alternatives to abortion and excluding abortion providers, potentially polarizing debates on reproductive rights without addressing broader access to abortion services.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Rep. Fischbach, Michelle [R-MN-7]
Cosponsors (25)
Rep. Finstad, Brad [R-MN-1], Rep. Stauber, Pete [R-MN-8], Rep. Miller, Mary E. [R-IL-15], Rep. Miller, Carol D. [R-WV-1], Rep. Tenney, Claudia [R-NY-24], Rep. Webster, Daniel [R-FL-11], Rep. Harshbarger, Diana [R-TN-1], Rep. Guest, Michael [R-MS-3], Rep. Cammack, Kat [R-FL-3], Rep. Hinson, Ashley [R-IA-2], Rep. McGuire, John J. [R-VA-5], Rep. McDowell, Addison P. [R-NC-6], Rep. Moore, Riley M. [R-WV-2], Rep. Van Drew, Jefferson [R-NJ-2], Rep. Feenstra, Randy [R-IA-4], Rep. Haridopolos, Mike [R-FL-8], Rep. Timmons, William R. [R-SC-4], Rep. LaMalfa, Doug [R-CA-1], Rep. DesJarlais, Scott [R-TN-4], Rep. Harris, Andy [R-MD-1], Rep. Weber, Randy K. Sr. [R-TX-14], Rep. Harrigan, Pat [R-NC-10], Rep. Griffith, H. Morgan [R-VA-9], Rep. Fedorchak, Julie [R-ND-At Large], Rep. Hudson, Richard [R-NC-9]
Recent Actions
- 2025-05-07: Referred to the Committee on Ways and Means, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
- 2025-05-07: Referred to the Committee on Ways and Means, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
- 2025-05-07: Introduced in House
- 2025-05-07: Introduced in House
Bill Versions
- More Opportunities for Moms to Succeed Act — issued 2025-05-07 — PDF (24 pages)