I 

108TH CONGRESS 

1ST SESSION H. R. 195

To authorize the Secretary of Health and Human Services to make grants 

to nonprofit tax-exempt organizations for the purchase of ultrasound 

equipment to provide free examinations to pregnant women needing such 

services, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 7, 2003

Mr. STEARNS (for himself, Mr. AKIN, Mr. BOOZMAN, Mr. BURTON of Indiana, 

Mrs. JO ANN DAVIS of Virginia, Mr. FALEOMAVAEGA, Mr. FOLEY, Mr. 

HALL, Mr. JONES of North Carolina, Mr. LAHOOD, Mrs. MYRICK, Mr. 

PENCE, Mr. PITTS, Mr. ROSS, Mr. SHUSTER, Mr. SOUDER, Mr. TERRY, 

Mr. WILSON of South Carolina, Mr. CALVERT, Mr. ISSA, Mr. LEWIS of 

Kentucky, Mr. MANZULLO, Mr. PAYNE, Mr. PETERSON of Minnesota, 

Mr. PICKERING, Mr. RYUN of Kansas, Mr. SHIMKUS, Mr. SMITH of New 

Jersey, Mr. TAYLOR of Mississippi, Mr. TIAHRT, Mr. VITTER, Mr. 

WELDON of Florida, Mr. BAKER, Mr. BARTLETT of Maryland, and Mr. 

FORBES) introduced the following bill; which was referred to the Committee on Energy and Commerce 

A BILL

To authorize the Secretary of Health and Human Services 

to make grants to nonprofit tax-exempt organizations 

for the purchase of ultrasound equipment to provide 

free examinations to pregnant women needing such services, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Informed Choice Act’’. 

3 SEC. 2. GRANTS FOR PURCHASE OF ULTRASOUND EQUIP4 MENT. 

5 (a) IN GENERAL.—The Secretary of Health and 

6 Human services may make grants for the purchase of 

7 ultrasound equipment. Such ultrasound equipment shall 

8 be used by the recipients of such grants to provide, under 

9 the direction and supervision of a licensed medical physi10 cian, free ultrasound examinations to pregnant women 

11 needing such services. 

12 (b) ELIGIBILITY REQUIREMENTS.—An entity may re13 ceive a grant under subsection (a) only if the entity meets 

14 the following conditions: 

15 (1) The entity is a nonprofit private organiza16 tion that is approved by the Internal Revenue Serv17 ice as a tax-exempt entity under section 501(c)(3) of 

18 the Internal Revenue Code of 1986. 

19 (2) The entity operates as a community based 

20 pregnancy help medical clinic, as defined in sub21 section (f). 

22 (3) The entity provides medical services to 

23 pregnant women under the guidance and supervision 

24 of a physician who serves as the medical director of 

25 the clinic and is duly licensed to practice medicine 

26 in the State in which the entity is located. 
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1 (4) The entity is legally qualified to provide 

2 such medical services to pregnant women and is in 

3 compliance with all Federal, State, and local require4 ments for the provision of such services. 

5 (5) The entity agrees to comply with the fol6 lowing medical procedures: 

7 (A) Each pregnant woman upon whom the 

8 ultrasound equipment is used will be shown the 

9 visual image of the fetus from the ultrasound 

10 examination and will be given a general ana11 tomical and physiological description of the 

12 characteristics of the fetus. 

13 (B) Each pregnant woman will be given, 

14 according to the best medical judgment of the 

15 physician performing the ultrasound examina16 tion or the physician’s agent performing such 

17 exam, the approximate age of the embryo or 

18 fetus considering the number of weeks elapsed 

19 from the probable time of the conception of the 

20 embryo or fetus, based upon the information 

21 provided by the client as to the time of her last 

22 menstrual period, her medical history, a phys23 ical examination, or appropriate laboratory 

24 tests. 
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1 (C) Each pregnant woman will be given in2 formation on abortion and alternatives to abor3 tion such as childbirth and adoption and infor4 mation concerning public and private agencies 

5 that will assist in those alternatives. 

6 (D) The entity will obtain and maintain 

7 medical malpractice insurance in an amount not 

8 less than $1,000,000, and such insurance will 

9 cover all activities relating to the use of the 

10 ultrasound machine purchased with the grant 

11 under subsection (a). 

12 (6) The entity does not receive more than 30 

13 percent of its gross annual revenue from a single 

14 source or donor. 

15 (c) LIMITATION ON INDIVIDUAL GRANT AMOUNT.—

16 No grant under subsection (a) may be made in an amount 

17 that exceeds an amount equal to 50 percent of the pur18 chase price cost of the ultrasound machine involved, or 

19 $20,000, whichever is less. 

20 (d) APPLICATION FOR GRANT.—A grant may be 

21 made under subsection (a) only if an application for the 

22 grant is submitted to the Secretary and the application 

23 is in such form, is made in such manner, and contains 

24 such agreements, assurances, and information as the Sec25 retary determines to be necessary to carry out this section. 
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1 (e) ANNUAL REPORT TO SECRETARY.—A grant may 

2 be made under subsection (a) only if the applicant for the 

3 grant agrees to report on an annual basis to the Secretary, 

4 in such form and manner as the Secretary may require, 

5 on the ongoing compliance of the applicant with the eligi6 bility conditions established in subsection (b). 

7 (f) DEFINITIONS.—For purposes of this Act: 

8 (1) The term ‘‘community based pregnancy help 

9 medical clinic’’ means a facility that—

10 (A) provides free medical services to preg11 nant women under the supervision and direction 

12 of a licensed physician who serves as the med13 ical director for such clinic; and 

14 (B) does not charge for any services ren15 dered to its clients, whether or not such services 

16 are for pregnancy or nonpregnancy related mat17 ters. 

18 (2) The term ‘‘Secretary’’ means the Secretary 

19 of Health and Human Services. 

20 (g) AUTHORIZATION OF APPROPRIATIONS.—For the 

21 purpose of carrying out this section, there are authorized 

22 to be appropriated $3,000,000 for fiscal year 2003, and 

23 such sums as may be necessary for each of the fiscal years 

24 2004 through 2006.

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