[Congressional Record Volume 164, Number 136 (Thursday, August 16, 2018)]
[Senate]
[Page S5700]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 3730. Mr. PAUL (for himself and Mr. Lee) submitted an amendment 
intended to be proposed by him to the bill H.R. 6157, making 
appropriations for the Department of Defense for the fiscal year ending 
September 30, 2019, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the appropriate place in title V of division B, insert 
     the following:
       Sec. __. (a) In General.--Notwithstanding any other 
     provision of law, none of the funds made available by this 
     Act may be made available either directly, through a State 
     (including through managed care contracts with a State), or 
     through any other means, to a prohibited entity.
       (b) Prohibited Entity.--The term ``prohibited entity'' 
     means an entity, including its affiliates, subsidiaries, 
     successors, and clinics--
       (1) that, as of the date of enactment of this Act--
       (A) is an organization described in section 501(c)(3) of 
     the Internal Revenue Code of 1986 and exempt from taxation 
     under section 501(a) of such Code;
       (B) is an essential community provider described in section 
     156.235 of title 45, Code of Federal Regulations (as in 
     effect on the date of enactment of this Act), that is 
     primarily engaged in family planning services, reproductive 
     health, and related medical care; and
       (C) performs, or provides any funds to any other entity 
     that performs abortions, other than an abortion performed--
       (i) in the case of a pregnancy that is the result of an act 
     of rape or incest; or
       (ii) in the case where a woman suffers from a physical 
     disorder, physical injury, or physical illness that would, as 
     certified by a physician, place the woman in danger of death 
     unless an abortion is performed, including a life endangering 
     physical condition caused by, or arising from, the pregnancy 
     itself; and
       (2) for which the total amount of Federal grants to such 
     entity, including grants to any affiliates, subsidiaries, or 
     clinics of such entity, under title X of the Public Health 
     Service Act in fiscal year 2016 exceeded $23,000,000.
       (c)(1) End of Prohibition.--The definition in subsection 
     (b) shall cease to apply to an entity if such entity 
     certifies that it, including its affiliates, subsidiaries, 
     successors, and clinics, will not perform, and will not 
     provide any funds to any other entity that performs, an 
     abortion as described in subsection (b)(1)(C).
       (2) Repayment.--The Secretary of Health and Human Services 
     shall seek repayment of any Federal assistance received by 
     any entity that had made a certification described in 
     paragraph (1) and subsequently violated the terms of such 
     certification.
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