HR 4133
110th CONGRESS
1st Session
H. R. 4133
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 HOUSE OF REPRESENTATIVES
November 9, 2007
Mr. PENCE (for himself, Mr. PITTS, Mr. SMITH of New Jersey, Mr. FRANKS
of Arizona, Mr. FORTENBERRY, Mr. AKIN, Mr. GARRETT of New Jersey, Mr.
BURTON of Indiana, Mr. BRADY of Texas, Mr. GINGREY, Mr. BROUN of Georgia,
Mr. HERGER, Mr. HOEKSTRA, Mr. CHABOT, Mr. LAMBORN, Mr. SENSENBRENNER,
Mr. DOOLITTLE, Mr. DAVID DAVIS of Tennessee, Mr. GOODE, Mr. WELDON of
Florida, Mr. JORDAN of Ohio, Mr. KLINE of Minnesota, Mr. WALBERG, Mr.
FEENEY, Mr. INGLIS of South Carolina, Mr. RYAN of Wisconsin, Mr. MANZULLO,
Mr. CAMPBELL of California, Mrs. MUSGRAVE, Mr. SALI, Mr. FORTUN.AE6O,
Mr. BARTLETT of Maryland, Mr. FLAKE, and Mr. CONAWAY) introduced the following
bill; which was referred to the Committee on Energy and Commerce
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. 300a-6) 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 an act of rape, or an act of incest
against a minor; 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 the
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 an act of rape;
`(C) the number of such abortions where the pregnancy is the result
of an act of incest against a minor; 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.'.
END
