I 

111TH CONGRESS 

1ST SESSION H. R. 614 

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 21, 2009 

Mr. PENCE (for himself, Mr. SMITH of New Jersey, Mr. PITTS, Mr. FRANKS

of Arizona, Mr. WESTMORELAND, Mr. COLE, Mr. SENSENBRENNER, Mr. 

TERRY, Mr. BURTON of Indiana, Mr. INGLIS, Mr. HALL of Texas, Mrs. 

SCHMIDT, Mrs. BLACKBURN, Mr. PAUL, Mr. LAMBORN, Mr. FLAKE, Mr. 

HOEKSTRA, Mr. FORTENBERRY, Mr. MILLER of Florida, Mr. TIAHRT, 

Mr. BOOZMAN, Mr. SHUSTER, Mr. BROWN of South Carolina, Mrs. 

BACHMANN, Mr. WILSON of South Carolina, Mr. MCCAUL, Mr. RYAN of 

Wisconsin, Mr. SCALISE, Mr. ROGERS of Alabama, Mr. BARTLETT, Mr. 

POE of Texas, Mr. HERGER, Mr. BACHUS, Mr. NEUGEBAUER, Mr. AKIN, 

Mrs. MCMORRIS RODGERS, Mr. OLSON, Mr. KLINE of Minnesota, Mr. 

KING of Iowa, Mr. FLEMING, Mr. BARRETT of South Carolina, Mr. 

MCKEON, Mr. THOMPSON of Pennsylvania, Mr. HARPER, Ms. LUMMIS, 

Mr. CHAFFETZ, Mr. MCHENRY, Mr. BROUN of Georgia, Ms. FALLIN, Mr. 

BRADY of Texas, Ms. FOXX, Mr. GINGREY of Georgia, Mr. CASSIDY, Mr. 

LINDER, Mr. DAVIS of Tennessee, Mr. SOUDER, Mr. DAVIS of Kentucky, 

Mr. JORDAN of Ohio, Mr. ROE of Tennessee, Mr. GARRETT of New Jersey, Mr. BISHOP of Utah, and Mr. MCCLINTOCK) 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. 


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•HR 614 IH

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’’. 

6 SEC. 2. PROHIBITION ON ABORTION. 

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

8 300 et seq.) is amended by adding at the end the fol9 lowing: 

10 ‘‘SEC. 1009. ADDITIONAL PROHIBITION REGARDING ABOR11 TION. 

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

13 any assistance under this title to an entity unless the enti14 ty certifies that, during the period of such assistance, the 

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

16 to any other entity that performs, an abortion. 

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

18 with respect to an abortion where— 

19 ‘‘(1) the pregnancy is the result of an act of 

20 rape, or an act of incest against a minor; or 

21 ‘‘(2) a physician certifies that the woman suf22 fers from a physical disorder, physical injury, or 

23 physical illness that would place the woman in dan24 ger of death unless an abortion is performed, includVerDate Nov 24 2008 03:58 Jan 22, 2009 Jkt 079200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H614.IH H614

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1 ing a life-threatening physical condition caused by or 

2 arising from the pregnancy itself. 

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

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

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

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

7 abortion (other than an abortion described in subsection 

8 (b)). 

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

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

11 Prohibition Act, and annually thereafter, for the fiscal 

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

13 Congress containing— 

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

15 under this title; 

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

17 under the exceptions described in subsection (b)— 

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

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

20 the pregnancy is the result of an act of rape; 

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

22 the pregnancy is the result of an act of incest 

23 against a minor; and 


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

2 a physician provides a certification described in 

3 subsection (b)(2); 

4 ‘‘(3) a statement of the date of the latest cer5 tification under subsection (a) for each entity receiv6 ing a grant under this title; and 

7 ‘‘(4) a list of each entity to which an entity de8 scribed in paragraph (1) makes available funds re9 ceived through a grant under this title. 

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

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

12 entity, including any entity that controls, is con13 trolled by, or is under common control with such en14 tity. 

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

16 to such term in section 1861(e) of the Social Secu17 rity Act.’’. 

Æ 


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