What This Bill Does
This bill prevents colleges and universities from receiving federal money if they host or work with a health clinic on campus that gives abortion drugs or performs abortions for students or employees. Colleges with campus health clinics must report yearly to the Education Department and Health and Human Services saying they do not provide these services.
Who It Affects
Colleges and universities that receive federal funding and have campus health clinics. Students and employees at those institutions. The U.S. Department of Education and the Department of Health and Human Services.
Key Provisions
Federal funds cannot go to colleges that host or are connected to a campus health clinic providing abortion drugs or abortions to students or workers (Sec. 2(a)).
Colleges with campus health clinics must submit a yearly report to the Education Secretary and Health and Human Services Secretary stating no clinic provides abortion drugs or abortions to students or employees (Sec. 2(b)).
Colleges receiving federal funds cannot face penalties under state law simply because they follow this rule (Sec. 2(c)).
Important Definitions
"Abortion drug" means any drug or substance meant to kill an unborn child or end a pregnancy, except when used to produce a live birth, remove a dead unborn child or treat an ectopic pregnancy (a pregnancy outside the uterus) (Sec. 2(d)(1)).
"School-based service site" means a clinic on a college campus that gives health care including family planning services and pharmacy services, but does not include a hospital (Sec. 2(d)(3)).
Effective Date
Not specified in bill text
II
118TH CONGRESS
1ST SESSION
S. 16
To prohibit the award of Federal funds to an institution of higher education
that hosts or is affiliated with a student-based service site that provides
abortion drugs or abortions to students of the institution or to employees
of the institution or site, and for other purposes.
IN THE SENATE OF THE UNITED STATES
JANUARY 23 (legislative day, JANUARY 3), 2023
Mr. DAINES (for himself, Mrs. HYDE-SMITH, Mr. CRAPO, Mr. CRAMER, Mr.
RUBIO, Mr. HOEVEN, Mr. WICKER, Mr. SCOTT of Florida, Mr. RISCH,
Mr. BRAUN, Mr. HAGERTY, Mrs. FISCHER, Mr. CRUZ, Mr. MULLIN, Mr.
MARSHALL, Mr. COTTON, Mrs. BLACKBURN, and Mr. BOOZMAN) intro-
duced the following bill; which was read twice and referred to the Com-
mittee on Health, Education, Labor, and Pensions
A BILL
To prohibit the award of Federal funds to an institution
of higher education that hosts or is affiliated with a
student-based service site that provides abortion drugs
or abortions to students of the institution or to employ-
ees of the institution or site, 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.
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This Act may be cited as the ‘‘Protecting Life on Col-
4
lege Campus Act of 2023’’.
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•S 16 IS
SEC. 2. PROHIBITION ON AWARD OF FUNDS TO CERTAIN
1
INSTITUTIONS OF HIGHER EDUCATION.
2
(a) PROHIBITION.—No Federal funds may be award-
3
ed (directly or indirectly, including through a contract or
4
subcontract) to any institution of higher education that
5
hosts or is affiliated with any school-based service site that
6
provides abortion drugs or abortions to students of such
7
institution or to employees of such institution or site.
8
(b) ANNUAL REPORTING.—To remain eligible for
9
awards of Federal funds, an institution of higher edu-
10
cation that hosts or is affiliated with one or more school-
11
based service sites shall submit an annual report to the
12
Secretary of Education and the Secretary of Health and
13
Human Services certifying that no such site provides abor-
14
tion drugs or abortions to students of the institution or
15
to employees of such institution or site.
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(c) PREEMPTION.—An institution of higher education
17
that receives Federal funds may not be subject to any pen-
18
alty under State law solely by reason of compliance with
19
this section.
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(d) DEFINITIONS.—In this section:
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(1) ABORTION
DRUG.—The term ‘‘abortion
22
drug’’ means any drug, substance, or combination of
23
drugs or substances that is intended for use or that
24
is in fact used (irrespective of how the product is la-
25
beled)—
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•S 16 IS
(A) to intentionally kill the unborn child of
1
a woman known to be pregnant; or
2
(B) to intentionally terminate the preg-
3
nancy of a woman known to be pregnant, with
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an intention other than—
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(i) to produce a live birth;
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(ii) to remove a dead unborn child; or
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(iii) to treat an ectopic pregnancy.
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(2) INSTITUTION OF HIGHER EDUCATION.—The
9
term ‘‘institution of higher education’’ has the
10
meaning given such term in section 102 of the High-
11
er Education Act of 1965 (20 U.S.C. 1002).
12
(3) SCHOOL-BASED SERVICE SITE.—The term
13
‘‘school-based service site’’—
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(A) means a clinic providing health care
15
services (including primary health services, fam-
16
ily planning services, telehealth services, and
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pharmaceutical services, without regard to
18
whether the services are provided by employees
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of the clinic or contracted providers) to stu-
20
dents that is located on the campus of an insti-
21
tution of higher education that accepts Federal
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funding; and
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•S 16 IS
(B) does not include a hospital (as defined
1
in section 1861(e) of the Social Security Act
2
(42 U.S.C. 1395x(e))).
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Æ
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