II 

117TH CONGRESS 

2D SESSION S. 3500 

To amend title XIX of the Social Security Act and the Public Health Service 

Act to improve the reporting of abortion data to the Centers for Disease 

Control and Prevention, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 13 (legislative day, JANUARY 10), 2022 

Ms. ERNST (for herself, Mr. DAINES, Mr. COTTON, Mr. BRAUN, Mr. CRAMER, 

Mrs. BLACKBURN, Mr. SASSE, Mr. BOOZMAN, Mr. MARSHALL, Mr. 

THUNE, Mr. HAWLEY, Mr. SCOTT of Florida, Mr. HAGERTY, Mr. 

INHOFE, Mr. HOEVEN, Mr. LANKFORD, Mrs. HYDE-SMITH, and Mr. 

SCOTT of South Carolina) introduced the following bill; which was read 

twice and referred to the Committee on Finance 

A BILL 

To amend title XIX of the Social Security Act and the 

Public Health Service Act to improve the reporting of 

abortion data to the Centers for Disease Control and 

Prevention, 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 ‘‘Ensuring Accurate and 

5 Complete Abortion Data Reporting Act of 2022’’. 


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1 SEC. 2. FINDINGS. 

2 Congress finds the following: 

3 (1) Reporting abortion data has been voluntary 

4 in the past, which has not resulted in complete data 

5 being submitted to the Centers for Disease Control 

6 and Prevention. 

7 (2) While the Centers for Disease Control and 

8 Prevention requests specific data points from each 

9 State and the District of Columbia, there is a great 

10 variety in the information collected and published by 

11 the States. 

12 (3) In fact, there is not a single abortion data 

13 point publicly reported for all 50 States and the Dis14 trict of Columbia. 

15 (4) Even more alarming, 3 States that together 

16 account for 15 percent of the United States popu17 lation of women of childbearing age do not report 

18 any abortion data to the Centers for Disease Control 

19 and Prevention. 

20 (5) Accurate statistical data regarding abortion 

21 and those who survive abortion attempts is critical 

22 to public health and policy analysis. 


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1 SEC. 3. MEDICAID PAYMENTS FOR CERTAIN FAMILY PLAN2 NING SERVICES AND SUPPLIES CONTINGENT 

3 ON SUBMISSION OF ABORTION DATA TO CDC. 

4 Section 1903 of the Social Security Act (42 U.S.C. 

5 1396b) is amended— 

6 (1) in subsection (a)(5), by inserting before ‘‘an 

7 amount equal to’’ the following: ‘‘subject to sub8 section (cc),’’; and 

9 (2) by adding at the end the following new sub10 section: 

11 ‘‘(cc) ANNUAL REPORTS ON ABORTION DATA.— 

12 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

13 as a condition of receiving payment under subsection 

14 (a)(5) with respect to any amount expended during 

15 a year (beginning with the year following 2 years 

16 after the date of the enactment of this subsection) 

17 for family planning services and supplies described 

18 in section 1905(a)(4)(C) furnished to an individual 

19 described in section 1902(ii) or an individual whose 

20 medical assistance under this title is limited to such 

21 services and supplies furnished pursuant to a waiver 

22 granted under section 1115, each State shall, by not 

23 later than December 31 of the previous year, submit 

24 to the abortion surveillance system of the Centers 

25 for Disease Control and Prevention, with respect to 

26 the year before the previous year, at least abortion 


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1 data regarding the mandatory questions described in 

2 section 317V(a)(3)(A) of the Public Health Service 

3 Act. 

4 ‘‘(2) LATE SUBMISSION OF REPORTS.—With re5 spect to a year, in the case of a State that does not 

6 submit by December 31 of the previous year the 

7 abortion data required under paragraph (1) with re8 spect to the year before the previous year but sub9 mits such data by December 31 of the year, such 

10 State shall continue to receive payment, including 

11 retroactive payment, under subsection (a)(5) with 

12 respect to any amount expended during the year for 

13 family planning services and supplies described in 

14 section 1905(a)(4)(C) furnished to an individual de15 scribed in such paragraph. 

16 ‘‘(3) CERTIFICATION OF ABORTION DATA.— 

17 ‘‘(A) IN GENERAL.—With respect to each 

18 submission of abortion data under this sub19 section, a State shall certify to the Director of 

20 the Centers for Disease Control and Prevention 

21 that such data is accurate. 

22 ‘‘(B) FALSE INFORMATION.—In the case 

23 that the Director of the Centers for Disease 

24 Control and Prevention determines that a State 

25 has knowingly provided false information with 


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1 respect to a submission of abortion data under 

2 this subsection, such State may not receive pay3 ment under subsection (a)(5) with respect to 

4 any amount expended during the first full fiscal 

5 year following such determination for family 

6 planning services and supplies described in sec7 tion 1905(a)(4)(C) furnished to an individual 

8 described in paragraph (1).’’. 

9 SEC. 4. COLLECTION OF ABORTION DATA BY CDC. 

10 The Public Health Service Act is amended by insert11 ing after section 317U of such Act (42 U.S.C. 247b–23) 

12 the following: 

13 ‘‘SEC. 317V. ABORTION DATA. 

14 ‘‘(a) IN GENERAL.—The Secretary, acting through 

15 the Director of the Centers for Disease Control and Pre16 vention, shall— 

17 ‘‘(1) maintain a surveillance system to collect 

18 aggregate data in a standardized format on abor19 tions in the United States; 

20 ‘‘(2) as part of such system, create a standard 

21 worksheet to collect data from States on abortions in 

22 the respective States, which— 

23 ‘‘(A) shall, at a minimum, include ques24 tions on the variables listed in subsection (b), to 

25 be treated as mandatory questions for purposes 


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1 of section 1903(bb) of the Social Security Act; 

2 and 

3 ‘‘(B) may include such additional questions 

4 on abortion as the Secretary determines to be 

5 appropriate, to be treated as voluntary ques6 tions; 

7 ‘‘(3) as part of such system, allow for cross-tab8 ulation of the variables listed in subsection (b), in9 cluding cross-tabulation of maternal age by gesta10 tional age; race and ethnicity by gestational age; 

11 type of abortion procedure by gestational age; race 

12 and ethnicity by maternal age; and race and eth13 nicity by marital status; and 

14 ‘‘(4) periodically update the questions in the 

15 worksheet under paragraph (2), including the classi16 fication of such questions as mandatory or vol17 untary. 

18 ‘‘(b) VARIABLES.—The variables listed in this sub19 section are the following: 

20 ‘‘(1) Maternal age in years. 

21 ‘‘(2) Gestational age in completed weeks at the 

22 time of abortion. 

23 ‘‘(3) Maternal race. 

24 ‘‘(4) Maternal ethnicity. 

25 ‘‘(5) Maternal race by ethnicity. 


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1 ‘‘(6) The abortion method type. 

2 ‘‘(7) Maternal marital status. 

3 ‘‘(8) Previous pregnancies of the mother, in4 cluding the number of previous live births, the num5 ber of previous induced abortions, and the number 

6 of previous spontaneous abortions. 

7 ‘‘(9) Maternal residence (limited to county and 

8 State). 

9 ‘‘(10) Whether the child survived the abortion. 

10 ‘‘(c) TECHNICAL ASSISTANCE.—The Secretary shall 

11 provide technical assistance to States to facilitate and im12 prove the reporting of data to the system under subsection 

13 (a). 

14 ‘‘(d) ANNUAL REPORTING.—The Secretary shall— 

15 ‘‘(1) issue an annual report on abortion, which 

16 shall include the data collected pursuant to this sec17 tion; and 

18 ‘‘(2) publish such report not later than Decem19 ber 30 of the third calendar year following the cal20 endar year covered by the report.’’. 

Æ 


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