[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 88 Introduced in Senate (IS)]

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117th CONGRESS
  1st Session
                                 S. 88

 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 28, 2021

   Mrs. Blackburn (for herself, Mr. Risch, Mr. Cotton, Mr. Paul, Mr. 
Romney, Mr. Braun, Mr. Tillis, Mr. Wicker, Mr. Inhofe, Mr. Blunt, Mrs. 
 Fischer, Ms. Ernst, Mr. Rounds, Mr. Hawley, Mr. Thune, Mr. Cruz, Mr. 
Marshall, Mr. Lankford, Mr. Daines, Mr. Sasse, Mr. Rubio, Mr. Hagerty, 
Mr. Scott of South Carolina, Mr. Cassidy, Mr. Lee, Mrs. Hyde-Smith, and 
  Mr. Cramer) 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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Title X Abortion Provider 
Prohibition Act''.

SEC. 2. PROHIBITION ON ABORTION.

    Title X of the Public Health Service Act (42 U.S.C. 300 et seq.) is 
amended by adding at the end the following:

``SEC. 1009. ADDITIONAL PROHIBITION REGARDING ABORTION.

    ``(a) Prohibition.--The Secretary shall not provide any assistance 
under this title to an entity unless the entity certifies that, during 
the period of such assistance, the entity will not perform, and will 
not provide any funds to any other entity that performs, an abortion.
    ``(b) Exception.--Subsection (a) does not apply with respect to an 
abortion where--
            ``(1) the pregnancy is the result of rape or incest; or
            ``(2) a physician certifies that the woman suffers from a 
        physical disorder, physical injury, or physical illness that 
        would place the woman in danger of death unless an abortion is 
        performed, including a life-threatening physical condition 
        caused by or arising from the pregnancy itself.
    ``(c) Hospitals.--Subsection (a) does not apply with respect to a 
hospital, so long as such hospital does not, during the period of 
assistance described in subsection (a), provide funds to any non-
hospital entity that performs an abortion (other than an abortion 
described in subsection (b)).
    ``(d) Annual Report.--Not later than 60 days after the date of the 
enactment of the Title X Abortion Provider Prohibition Act, and 
annually thereafter, for the fiscal year involved, the Secretary shall 
submit a report to Congress containing--
            ``(1) a list of each entity receiving a grant under this 
        title;
            ``(2) for each such entity performing abortions under the 
        exceptions described in subsection (b)--
                    ``(A) the total number of such abortions;
                    ``(B) the number of such abortions where the 
                pregnancy is the result of rape;
                    ``(C) the number of such abortions where the 
                pregnancy is the result of incest; and
                    ``(D) the number of such abortions where a 
                physician provides a certification described in 
                subsection (b)(2);
            ``(3) a statement of the date of the latest certification 
        under subsection (a) for each entity receiving a grant under 
        this title; and
            ``(4) a list of each entity to which an entity described in 
        paragraph (1) makes available funds received through a grant 
        under this title.
    ``(e) Definitions.--In this section:
            ``(1) The term `entity' means the entire legal entity, 
        including any entity that controls, is controlled by, or is 
        under common control with such entity.
            ``(2) The term `hospital' has the meaning given to such 
        term in section 1861(e) of the Social Security Act.''.
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