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H.R. 217 (112th): Title X Abortion Provider Prohibition Act

The text of the bill below is as of Jan 7, 2011 (Introduced). The bill was not enacted into law.



1st Session

H. R. 217


January 7, 2011

(for himself, Mrs. Bachmann, Mr. Scalise, Mr. Olson, Mr. Rogers of Kentucky, Mrs. McMorris Rodgers, Ms. Jenkins, Mr. Roe of Tennessee, Mr. Stutzman, Mrs. Blackburn, Mr. McKeon, Mr. Jones, Mr. Sullivan, Mr. Garrett, Mr. McClintock, Mr. Neugebauer, Mr. Bilirakis, Mr. Akin, Mr. Burton of Indiana, Mr. Jordan, Mr. Manzullo, Mr. Turner, Mr. Chaffetz, Mr. Ryan of Wisconsin, Mr. Gary G. Miller of California, Mr. Westmoreland, Mr. Paul, Mr. Bartlett, Mr. Pitts, Mr. Poe of Texas, Mr. Bachus, Mr. Brady of Texas, Mr. Broun of Georgia, Mr. Aderholt, Mr. Terry, Mr. Davis of Kentucky, Mr. Conaway, Mr. Miller of Florida, Mr. King of Iowa, Mr. Bishop of Utah, Mr. Simpson, Mr. Flake, Mrs. Miller of Michigan, Mr. Hensarling, Mr. Herger, Mr. Franks of Arizona, Mr. Crawford, Mr. Smith of New Jersey, Mr. Johnson of Ohio, Mr. Gardner, Mr. Canseco, Mr. Chabot, Mr. Thompson of Pennsylvania, Mr. Ross of Florida, Mr. Pompeo, Mr. Bucshon, Mr. Fleming, Mr. Cole, Mr. Latta, Mr. McHenry, Mr. Marchant, Mr. Duffy, Mr. Campbell, Mr. Murphy of Pennsylvania, Mr. Rigell, Mr. Buchanan, Mr. Duncan of South Carolina, Mr. McCaul, Mr. McKinley, Mr. Gosar, Mr. Cravaack, Mr. Walsh of Illinois, Mr. Reed, Mr. Pearce, Mr. Rogers of Alabama, Mr. Gibbs, Mr. Long, Mr. Kline, Mr. Price of Georgia, Mr. Luetkemeyer, Mr. Coffman of Colorado, Mr. Young of Indiana, Mr. Hall, Mrs. Ellmers, Mr. Huelskamp, Mr. West, Mr. Ribble, Mr. Nunnelee, Mr. Mulvaney, Mr. Brooks, Mr. Southerland, Mrs. Schmidt, Mr. Hunter, Mrs. Black, Mr. McCotter, Mr. Forbes, Mr. Quayle, Mr. Duncan of Tennessee, Mr. Graves of Georgia, Mr. Calvert, Mr. Huizenga of Michigan, Mr. Gingrey of Georgia, Mrs. Lummis, Mr. Shuster, Mr. Posey, Mrs. Hartzler, Mr. Gowdy, Mr. Harper, Mr. Schock, Mr. Goodlatte, Mr. Shimkus, Mr. Gohmert, Mr. Walberg, Mr. Mica, Mr. Renacci, Mr. Lamborn, Mr. Carter, Mr. Culberson, Mr. Rokita, Mr. Platts, and Mr. Lankford) introduced the following bill; which was referred to the Committee on Energy and Commerce


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.


Short title

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


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:


Additional prohibition regarding abortion



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.



Subsection (a) does not apply with respect to an abortion where—


the pregnancy is the result of an act of rape, or an act of incest against a minor; or


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.



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)).


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 the Congress containing—


a list of each entity receiving a grant under this title;


for each such entity performing abortions under the exceptions described in subsection (b)—


the total number of such abortions;


the number of such abortions where the pregnancy is the result of an act of rape;


the number of such abortions where the pregnancy is the result of an act of incest against a minor; and


the number of such abortions where a physician provides a certification described in subsection (b)(2);


a statement of the date of the latest certification under subsection (a) for each entity receiving a grant under this title; and


a list of each entity to which an entity described in paragraph (1) makes available funds received through a grant under this title.



In this section:


The term entity means the entire legal entity, including any entity that controls, is controlled by, or is under common control with such entity.


The term hospital has the meaning given to such term in section 1861(e) of the Social Security Act.