[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 85 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                 S. 85

 To amend title X of the Public Health Service Act to prohibit family 
    planning grants from being awarded to any entity that performs 
                               abortions.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 6, 2009

  Mr. Vitter 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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Title X Family Planning Act''.

SEC. 2. AMENDMENT TO THE PUBLIC HEALTH SERVICE ACT.

    Section 1008 of the Public Health Service Act (42 U.S.C. 300a-6) is 
amended to read as follows:

``SEC. 1008. PROHIBITION ON ABORTION.

    ``(a) In General.--None of the funds appropriated under this title 
shall be distributed to grantees who perform abortions or whose 
subgrantees perform abortions, except where a woman suffers from a 
physical disorder, physical injury, or physical illness, including a 
life-endangering physical condition caused by or arising from the 
pregnancy itself, that would, as certified by a physician, place the 
woman in danger of death unless an abortion is performed. The preceding 
sentence shall not apply to a grantee or subgrantee that is a hospital, 
so long as such hospital does not subgrant to a non-hospital entity 
that performs abortions.
    ``(b) List.--Not later than 6 months after the date of enactment of 
the Title X Family Planning Act, and each fiscal year thereafter, the 
Secretary shall submit to Congress a list of grantees, to which 
subsection (a) applies, under this title for the fiscal year involved 
that perform abortions regardless of how such abortions are funded.
    ``(c) Limitations on Eligibility.--
            ``(1) Grantees on list.--A grantee who appears on the list 
        submitted under subsection (b) for a fiscal year shall not be 
        eligible to receive assistance under this title for subsequent 
        fiscal years unless the grantee submits to the Secretary a 
        certification that such grantee, and the subgrantees of such 
        grantee, no longer perform abortions.
            ``(2) Applications for assistance.--To be eligible to 
        receive assistance under this title, a grantee to which 
        subsection (a) applies shall submit to the Secretary a 
        certification that such grantee, and the subgrantees of such 
        grantee, do not perform abortions other than those abortions 
        explicitly permitted under subsection (a).
    ``(d) Definitions.--In this section:
            ``(1) Grantee.--The term `grantee' means the organizational 
        entity or individual to which a grant, under this title is 
        awarded and which is responsible and accountable both for the 
        use of the funds provided under the grant and for the 
        performance of the grant-supported project or activities. A 
        grantee is the entire legal entity even if only a particular 
        component is designated in the award document.
            ``(2) Hospital.--The term `hospital' has the meaning given 
        that term in section 1861(e) of the Social Security Act.
            ``(3) Subgrantee.--The term `subgrantee' means the 
        government or other legal entity to which a subgrant is awarded 
        under this title and which is accountable to the grantee for 
        the use of the funds provided under the subgrant.''.
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