HR-8807-119
Referred to the House Committee on Energy and Commerce.
Sponsored by Lauren Underwood (D-IL)
What it does
This bill would authorize $190 million in appropriations for CDC and NIH programs to collect data on maternal and infant health outcomes during public health emergencies, with a focus on racial and ethnic disparities. It would also require public disclosure of demographic-disaggregated maternal health data, mandate public health education campaigns, and establish a federal task force to develop recommendations on maternity care during emergencies.
Who benefits
Pregnant and postpartum individuals, especially those in racial and ethnic minority groups, Tribal and underserved communities, who could benefit from improved data collection and care guidance during health emergencies; CDC, NIH, and HRSA researchers and public health agencies receiving new funding; midwives, doulas, and perinatal health workers who could see expanded Medicaid coverage and training support; state, local, and Tribal public health departments building data capacity; academic and community-based organizations focused on maternal health disparities.
Who is hurt
Federal taxpayers who would bear the $190 million cost; states and localities that must build capacity to collect and transmit disaggregated demographic data, which may strain smaller public health departments; hospitals and providers who may face new reporting or training expectations without additional direct funding; individuals concerned about the privacy implications of expanded demographic health data collection, despite stated safeguards; groups skeptical of race-conscious program design who may object to eligibility or outreach criteria tied to race and ethnicity.
Supporters argue
Supporters argue that the United States has a maternal mortality rate higher than other wealthy nations, with Black and Native American mothers dying at two to three times the rate of white mothers, and that COVID-19 exposed critical gaps in tracking how public health emergencies affect pregnant and postpartum people. They contend that better data collection, standardized guidance, and a task force with direct input from affected communities and Tribal health officials would help identify effective interventions before the next public health emergency, building on established CDC infrastructure like the Maternal Mortality Review Committees.
Opponents argue
Opponents argue that the bill creates an expansive federal data collection and bureaucratic apparatus with a large, multi-agency task force covering dozens of policy areas—from midwife licensure to child care during appointments—that may exceed what is necessary to address emergency preparedness specifically. They contend that mandating demographic disaggregation and race-based program targeting could raise legal and administrative complexity, and that the $190 million authorization adds new spending without clear metrics for measuring whether the data collection and task force recommendations actually improve maternal health outcomes.
Constitutional context
Congress relies on its taxing and spending power to appropriate funds for CDC and NIH programs and to condition data-sharing guidance to state and local health departments, without compelling state action. The bill does not raise a mandate-type Commerce Clause question like the ACA's individual mandate, since participation by states and individuals is not compelled, though privacy provisions implicate statutory protections under HIPAA rather than a distinct constitutional right.
Checks and balances
Congress would direct executive agencies (HHS, CDC, NIH, HRSA, CMS) to spend appropriated funds and convene a task force, with agency implementation subject to notice-and-comment rulemaking where applicable and judicial review under the Administrative Procedure Act.
Historical precedent
The Preventing Maternal Deaths Act of 2018 established federal funding for Maternal Mortality Review Committees, which this bill's ERASE MM program funding would expand upon.