I 

116TH CONGRESS 

1ST SESSION H. R. 296 

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 

JANUARY 8, 2019 

Ms. FOXX of North Carolina (for herself, Mrs. HARTZLER, Mr. SCALISE, Ms. 

CHENEY, Mr. DUNCAN, Mr. JONES, Mr. GROTHMAN, Mr. DAVID P. ROE

of Tennessee, Mr. NORMAN, Mr. AMASH, Mr. BIGGS, Mr. POSEY, Mr. 

LAMBORN, Mr. HICE of Georgia, Mr. SMITH of Missouri, Mr. LAMALFA, 

Mr. MEADOWS, Mr. FLEISCHMANN, Mr. HIGGINS of Louisiana, Mr. 

YOHO, Mr. GOSAR, Mr. PALAZZO, Mr. ARRINGTON, Mr. LONG, Mr. WILLIAMS, Mr. RATCLIFFE, Mr. GIBBS, Mr. MARSHALL, Mr. COMER, Mr. 

BRADY, Mr. BUDD, Mr. MULLIN, Mr. LATTA, Mr. JORDAN, Mr. KELLY

of Mississippi, Mr. ESTES, Mr. KUSTOFF of Tennessee, Mr. WALKER, 

Mr. BILIRAKIS, Mr. BALDERSON, Mr. HUNTER, Mr. CRAWFORD, Mr. 

FORTENBERRY, Mr. SMUCKER, Mr. MARCHANT, Mr. AUSTIN SCOTT of 

Georgia, Mr. CONAWAY, Mr. ADERHOLT, Mr. BANKS, Mr. ABRAHAM, Mr. 

WENSTRUP, Mr. FLORES, Mr. HARRIS, Mr. WESTERMAN, Mr. OLSON, 

Mr. CLOUD, Mr. EMMER, and Mr. BABIN) 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. 

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 ‘‘Title X Abortion Pro3 vider Prohibition Act’’. 

4 SEC. 2. PROHIBITION ON ABORTION. 

5 Title X of the Public Health Service Act (42 U.S.C. 

6 300 et seq.) is amended by adding at the end the fol7 lowing: 

8 ‘‘SEC. 1009. ADDITIONAL PROHIBITION REGARDING ABOR9 TION. 

10 ‘‘(a) PROHIBITION.—The Secretary shall not provide 

11 any assistance under this title to an entity unless the enti12 ty certifies that, during the period of such assistance, the 

13 entity will not perform, and will not provide any funds 

14 to any other entity that performs, an abortion. 

15 ‘‘(b) EXCEPTION.—Subsection (a) does not apply 

16 with respect to an abortion where— 

17 ‘‘(1) the pregnancy is the result of rape or in18 cest; or 

19 ‘‘(2) a physician certifies that the woman suf20 fers from a physical disorder, physical injury, or 

21 physical illness that would place the woman in dan22 ger of death unless an abortion is performed, includ23 ing a life-threatening physical condition caused by or 

24 arising from the pregnancy itself. 

25 ‘‘(c) HOSPITALS.—Subsection (a) does not apply with 

26 respect to a hospital, so long as such hospital does not, 


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1 during the period of assistance described in subsection (a), 

2 provide funds to any non-hospital entity that performs an 

3 abortion (other than an abortion described in subsection 

4 (b)). 

5 ‘‘(d) ANNUAL REPORT.—Not later than 60 days after 

6 the date of the enactment of the Title X Abortion Provider 

7 Prohibition Act, and annually thereafter, for the fiscal 

8 year involved, the Secretary shall submit a report to the 

9 Congress containing— 

10 ‘‘(1) a list of each entity receiving a grant 

11 under this title; 

12 ‘‘(2) for each such entity performing abortions 

13 under the exceptions described in subsection (b)— 

14 ‘‘(A) the total number of such abortions; 

15 ‘‘(B) the number of such abortions where 

16 the pregnancy is the result of rape; 

17 ‘‘(C) the number of such abortions where 

18 the pregnancy is the result of incest; and 

19 ‘‘(D) the number of such abortions where 

20 a physician provides a certification described in 

21 subsection (b)(2); 

22 ‘‘(3) a statement of the date of the latest cer23 tification under subsection (a) for each entity receiv24 ing a grant under this title; and 


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1 ‘‘(4) a list of each entity to which an entity de2 scribed in paragraph (1) makes available funds re3 ceived through a grant under this title. 

4 ‘‘(e) DEFINITIONS.—In this section: 

5 ‘‘(1) The term ‘entity’ means the entire legal 

6 entity, including any entity that controls, is con7 trolled by, or is under common control with such en8 tity. 

9 ‘‘(2) The term ‘hospital’ has the meaning given 

10 to such term in section 1861(e) of the Social Secu11 rity Act.’’. 

Æ 


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