II 

117TH CONGRESS 

1ST SESSION S. 88 

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 SENATE OF THE UNITED STATES 

JANUARY 28, 2021 

Mrs. BLACKBURN (for herself, Mr. RISCH, Mr. COTTON, Mr. PAUL, Mr. ROMNEY, Mr. BRAUN, Mr. TILLIS, Mr. WICKER, Mr. INHOFE, Mr. BLUNT, 

Mrs. FISCHER, Ms. ERNST, Mr. ROUNDS, Mr. HAWLEY, Mr. THUNE, Mr. 

CRUZ, Mr. MARSHALL, Mr. LANKFORD, Mr. DAINES, Mr. SASSE, Mr. 

RUBIO, Mr. HAGERTY, Mr. SCOTT of South Carolina, Mr. CASSIDY, Mr. 

LEE, Mrs. HYDE-SMITH, and Mr. CRAMER) introduced the following bill; 

which was read twice and referred to the Committee on Health, Education, Labor, and Pensions 

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, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Title X Abortion Pro5 vider Prohibition Act’’. 


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1 SEC. 2. PROHIBITION ON ABORTION. 

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

3 300 et seq.) is amended by adding at the end the fol4 lowing: 

5 ‘‘SEC. 1009. ADDITIONAL PROHIBITION REGARDING ABOR6 TION. 

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

8 any assistance under this title to an entity unless the enti9 ty certifies that, during the period of such assistance, the 

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

11 to any other entity that performs, an abortion. 

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

13 with respect to an abortion where— 

14 ‘‘(1) the pregnancy is the result of rape or in15 cest; or 

16 ‘‘(2) a physician certifies that the woman suf17 fers from a physical disorder, physical injury, or 

18 physical illness that would place the woman in dan19 ger of death unless an abortion is performed, includ20 ing a life-threatening physical condition caused by or 

21 arising from the pregnancy itself. 

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

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

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

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


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1 abortion (other than an abortion described in subsection 

2 (b)). 

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

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

5 Prohibition Act, and annually thereafter, for the fiscal 

6 year involved, the Secretary shall submit a report to Con7 gress containing— 

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

9 under this title; 

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

11 under the exceptions described in subsection (b)— 

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

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

14 the pregnancy is the result of rape; 

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

16 the pregnancy is the result of incest; and 

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

18 a physician provides a certification described in 

19 subsection (b)(2); 

20 ‘‘(3) a statement of the date of the latest cer21 tification under subsection (a) for each entity receiv22 ing a grant under this title; and 

23 ‘‘(4) a list of each entity to which an entity de24 scribed in paragraph (1) makes available funds re25 ceived through a grant under this title. 


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

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

3 entity, including any entity that controls, is con4 trolled by, or is under common control with such en5 tity. 

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

7 to such term in section 1861(e) of the Social Secu8 rity Act.’’. 

Æ 


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