Title X Abortion Provider Prohibition Act

II 116TH CONGRESS 1ST SESSION S. 105 To amend title X of the Public Health Service Act to prohibit family planning grants from being awarded to any entity that performs abortions, and for other purposes. IN THE SENATE OF THE UNITED STATES JANUARY 10, 2019 Mrs. BLACKBURN (for herself, Mr. BLUNT, Mr. RISCH, Mr. SASSE, Mr. COT- TON, Mr. RUBIO, Mr. DAINES, Mrs. HYDE-SMITH, Ms. ERNST, Mr. ROB- ERTS, Mr. LANKFORD, Mrs. FISCHER, Mr. CRUZ, Mr. PAUL, Mr. INHOFE, Mr. KENNEDY, Mr. CRAMER, Mr. WICKER, Mr. LEE, Mr. ROM- NEY, Mr. CASSIDY, and Mr. THUNE) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend title X of the Public Health Service Act to prohibit family planning grants from being awarded to any entity that performs abortions, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Title X Abortion Pro- 4 vider Prohibition Act’’. 5 VerDate Sep 11 2014 02:01 Jan 18, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S105.IS S105 pamtmann on DSKBFK8HB2PROD with BILLS 2 •S 105 IS SEC. 2. PROHIBITION ON ABORTION. 1 Title X of the Public Health Service Act (42 U.S.C. 2 300 et seq.) is amended by adding at the end the fol- 3 lowing: 4 ‘‘SEC. 1009. ADDITIONAL PROHIBITION REGARDING ABOR- 5 TION. 6 ‘‘(a) PROHIBITION.—The Secretary shall not provide 7 any assistance under this title to an entity unless the enti- 8 ty certifies that, during the period of such assistance, the 9 entity will not perform, and will not provide any funds 10 to any other entity that performs, an abortion. 11 ‘‘(b) EXCEPTION.—Subsection (a) does not apply 12 with respect to an abortion where— 13 ‘‘(1) the pregnancy is the result of rape or in- 14 cest; or 15 ‘‘(2) a physician certifies that the woman suf- 16 fers from a physical disorder, physical injury, or 17 physical illness that would place the woman in dan- 18 ger of death unless an abortion is performed, includ- 19 ing a life-threatening physical condition caused by or 20 arising from the pregnancy itself. 21 ‘‘(c) HOSPITALS.—Subsection (a) does not apply with 22 respect to a hospital, so long as such hospital does not, 23 during the period of assistance described in subsection (a), 24 provide funds to any non-hospital entity that performs an 25 VerDate Sep 11 2014 02:01 Jan 18, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S105.IS S105 pamtmann on DSKBFK8HB2PROD with BILLS 3 •S 105 IS abortion (other than an abortion described in subsection 1 (b)). 2 ‘‘(d) ANNUAL REPORT.—Not later than 60 days after 3 the date of the enactment of the Title X Abortion Provider 4 Prohibition Act, and annually thereafter, for the fiscal 5 year involved, the Secretary shall submit a report to Con- 6 gress containing— 7 ‘‘(1) a list of each entity receiving a grant 8 under this title; 9 ‘‘(2) for each such entity performing abortions 10 under the exceptions described in subsection (b)— 11 ‘‘(A) the total number of such abortions; 12 ‘‘(B) the number of such abortions where 13 the pregnancy is the result of rape; 14 ‘‘(C) the number of such abortions where 15 the pregnancy is the result of incest; and 16 ‘‘(D) the number of such abortions where 17 a physician provides a certification described in 18 subsection (b)(2); 19 ‘‘(3) a statement of the date of the latest cer- 20 tification under subsection (a) for each entity receiv- 21 ing a grant under this title; and 22 ‘‘(4) a list of each entity to which an entity de- 23 scribed in paragraph (1) makes available funds re- 24 ceived through a grant under this title. 25 VerDate Sep 11 2014 02:01 Jan 18, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S105.IS S105 pamtmann on DSKBFK8HB2PROD with BILLS 4 •S 105 IS ‘‘(e) DEFINITIONS.—In this section: 1 ‘‘(1) The term ‘entity’ means the entire legal 2 entity, including any entity that controls, is con- 3 trolled by, or is under common control with such en- 4 tity. 5 ‘‘(2) The term ‘hospital’ has the meaning given 6 to such term in section 1861(e) of the Social Secu- 7 rity Act.’’. 8 Æ VerDate Sep 11 2014 02:01 Jan 18, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\S105.IS S105 pamtmann on DSKBFK8HB2PROD with BILLS