II 112th CONGRESS 1st Session S. 96 IN THE SENATE OF THE UNITED STATES January 25 (legislative day, January 5), 2011 Mr. Vitter (for himself, Mr. Wicker, Mr. Enzi, Mr. Inhofe, and Mr. Johanns) 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.

1.

Short title

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

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:

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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