What This Bill Does
This bill changes the rules for organizations that receive federal family planning grants under Title X of the Public Health Service Act. Organizations receiving these grants would have to promise they will not perform abortions and will not give money to other organizations that perform abortions, with some exceptions listed in the bill.
Who It Affects
Entities (organizations of all types) that receive Title X family planning grants. Hospitals that receive these grants. The federal government Secretary who oversees these grants. Congress, which would receive annual reports about grant recipients.
Key Provisions
The federal government cannot give family planning grants to any organization unless that organization certifies it will not perform abortions and will not give grant money to other organizations that perform abortions during the time it receives the grant. (Sec. 1009(a))
The abortion restriction does not apply to abortions resulting from rape or incest, or abortions where a doctor certifies the woman faces danger of death from a physical disorder, physical injury, physical illness or a life-threatening condition caused by the pregnancy itself. (Sec. 1009(b))
Hospitals are allowed to receive grants even if they perform abortions, as long as they do not give grant money to non-hospital organizations that perform abortions. (Sec. 1009(c))
The federal government must submit a report to Congress within 60 days of the law taking effect and every year after that, listing each grant-receiving organization, the number of allowed abortions performed, and which other organizations receive grant money. (Sec. 1009(d))
What Changes
Organizations that currently receive Title X family planning grants would need to certify they will not perform abortions and will not fund other organizations' abortions (with the stated exceptions) to keep receiving federal money. The federal government would begin collecting and reporting detailed information about which organizations receive grants and which perform abortions under the exceptions.
Important Definitions
"Entity" means the entire legal organization, including any organization that controls it, is controlled by it, or is under the same control. (Sec. 1009(e)(1))
"Hospital" is defined by the Social Security Act in section 1861(e). (Sec. 1009(e)(2))
I
118TH CONGRESS
1ST SESSION
H. R. 330
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 HOUSE OF REPRESENTATIVES
JANUARY 12, 2023
Ms. FOXX (for herself, Mr. GUTHRIE, Mr. CLOUD, Mr. WALTZ, Mr.
WESTERMAN, Mr. BALDERSON, Mrs. HARSHBARGER, Mr. BISHOP of
North Carolina, Mr. DUNCAN, Mr. FULCHER, Mr. CARL, Mr. ADERHOLT,
Mr. MOONEY, Mr. FEENSTRA, Mr. BABIN, Mrs. MILLER of Illinois, Mr.
HUNT, Mr. BANKS, Mr. CLYDE, Mr. BURCHETT, Mr. BRECHEEN, Mr.
JOHNSON of Ohio, Mr. RESCHENTHALER, Mr. MURPHY, Mr. JOHNSON
of Louisiana, Mr. LUETKEMEYER, Mr. GUEST, Mr. OWENS, Mr. LATTA,
Mr. GROTHMAN, Mr. KELLY of Mississippi, Mr. BARR, Mr. ELLZEY, and
Mr. WENSTRUP) introduced the following bill; which was referred to the
Committee on Energy and Commerce
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,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Title X Abortion Pro-
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vider Prohibition Act’’.
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•HR 330 IH
SEC. 2. PROHIBITION ON ABORTION.
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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-
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lowing:
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‘‘SEC. 1009. ADDITIONAL PROHIBITION REGARDING ABOR-
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TION.
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‘‘(a) PROHIBITION.—The Secretary shall not provide
7
any assistance under this title to an entity unless the enti-
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ty certifies that, during the period of such assistance, the
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entity will not perform, and will not provide any funds
10
to any other entity that performs, an abortion.
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‘‘(b) EXCEPTION.—Subsection (a) does not apply
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with respect to an abortion where—
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‘‘(1) the pregnancy is the result of rape or in-
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cest; or
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‘‘(2) a physician certifies that the woman suf-
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fers from a physical disorder, physical injury, or
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physical illness that would place the woman in dan-
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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.
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‘‘(c) HOSPITALS.—Subsection (a) does not apply with
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respect to a hospital, so long as such hospital does not,
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during the period of assistance described in subsection (a),
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provide funds to any non-hospital entity that performs an
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•HR 330 IH
abortion (other than an abortion described in subsection
1
(b)).
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‘‘(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 the
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Congress containing—
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‘‘(1) a list of each entity receiving a grant
8
under this title;
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‘‘(2) for each such entity performing abortions
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under the exceptions described in subsection (b)—
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‘‘(A) the total number of such abortions;
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‘‘(B) the number of such abortions where
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the pregnancy is the result of rape;
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‘‘(C) the number of such abortions where
15
the pregnancy is the result of incest; and
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‘‘(D) the number of such abortions where
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a physician provides a certification described in
18
subsection (b)(2);
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‘‘(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
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‘‘(4) a list of each entity to which an entity de-
23
scribed in paragraph (1) makes available funds re-
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ceived through a grant under this title.
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•HR 330 IH
‘‘(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-
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tity.
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‘‘(2) The term ‘hospital’ has the meaning given
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to such term in section 1861(e) of the Social Secu-
7
rity Act.’’.
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Æ
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