I
107TH CONGRESS
2D SESSION
H. R. 3686
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
FEBRUARY 5, 2002
Mr. STEARNS (for himself, Mr. PITTS, Mr. SMITH of New Jersey, Mr.
DEMINT, Mr. SCHAFFER, Mr. PICKERING, Ms. MILLENDER-MCDONALD,
Mr. FORBES, Mr. TAYLOR of Mississippi, Mr. FERGUSON, Mrs. JO ANN
DAVIS of Virginia, Mr. FALEOMAVAEGA, Mr. WILSON of South Carolina,
Mr. PENCE, Mr. BAKER, Mr. VITTER, Mr. UNDERWOOD, and Mr.
FOLEY) introduced the following bill; which was referred to the Com-
mittee 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 serv-
ices, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. GRANTS FOR PURCHASE OF ULTRASOUND
EQUIPMENT.
(a) IN GENERAL.—The Secretary of Health and
Human services may make grants for the purchase of
ultrasound equipment. Such ultrasound equipment shall
be used by the recipients of such grants to provide, under
the direction and supervision of a licensed medical physi-
cian, free ultrasound examinations to pregnant woman
needing such services.
(b) ELIGIBILITY REQUIREMENTS.—An entity may re-
ceive a grant under subsection (a) only if the entity meets
the following conditions:
(1) The entity is a nonprofit private organiza-
tion that is approved by the Internal Revenue Serv-
ice as a tax-exempt entity under section 501(c)(3) of
the Internal Revenue Code of 1986.
(2) The entity operates as a community based
pregnancy help medical clinic, as defined in sub-
section (f).
(3) The entity provides medical services to
pregnant women under the guidance and supervision
of a physician who serves as the medical director of
the clinic and is duly licensed to practice medicine
in the State in which the entity is located.
(4) The entity is legally qualified to provide
such medical services to pregnant women and is in
compliance with all Federal, State, and local require-
ments for the provision of such services.
(5) The entity agrees to comply with the fol-
lowing medical procedures:
(A) Each pregnant woman upon whom the
ultrasound equipment is used will be shown the
visual image of the fetus from the ultrasound
examination and will be given a general ana-
tomical and physiological description of the
characteristics of the fetus.
(B) Each pregnant woman will be given,
according to the best medical judgment of the
physician performing the ultrasound examina-
tion or the physician’s agent performing such
exam, the approximate age of the embryo or
fetus considering the number of weeks elapsed
from the probable time of the conception of the
embryo or fetus, based upon the information
provided by the client as to the time of her last
menstrual period, her medical history, a phys-
ical examination, or appropriate laboratory
tests.
(C) Each pregnant woman will be given in-
formation on abortion and alternatives to abor-
tion such as childbirth and adoption and infor-
mation concerning public and private agencies
that will assist in those alternatives.
(D) The entity will obtain and maintain
medical malpractice insurance in an amount not
less than $1,000,000, and such insurance will
cover all activities relating to the use of the
ultrasound machine purchased with the grant
under subsection (a).
(6) The entity does not receive more than 30
percent of its gross annual revenue from a single
source or donor.
(c) LIMITATION ON INDIVIDUAL GRANT AMOUNT.—
No grant under subsection (a) may be made in an amount
that exceeds an amount equal to 50 percent of the pur-
chase price cost of the ultrasound machine involved, or
$20,000, whichever is less.
(d) APPLICATION
FOR GRANT.—A grant may be
made under subsection (a) only if an application for the
grant is submitted to the Secretary and the application
is in such form, is made in such manner, and contains
such agreements, assurances, and information as the Sec-
retary determines to be necessary to carry out this section.
(e) ANNUAL REPORT TO SECRETARY.—A grant may
be made under subsection (a) only if the applicant for the
grant agrees to report on an annual basis to the Secretary,
in such form and manner as the Secretary may require,
on the ongoing compliance of the applicant with the eligi-
bility conditions established in subsection (b).
(f) DEFINITIONS.—For purposes of this Act:
(1) The term ‘‘community based pregnancy help
medical clinic’’ means a facility that—
(A) provides free medical services to preg-
nant women under the supervision and direction
of a licensed physician who serves as the med-
ical director for such clinic; and
(B) does not charge for any services ren-
dered to its clients, whether or not such services
are for pregnancy or nonpregnancy related mat-
ters.
(2) The term ‘‘Secretary’’ means the Secretary
of Health and Human Services.
(g) AUTHORIZATION OF APPROPRIATIONS.—For the
purpose of carrying out this section, there are authorized
to be appropriated $3,000,000 for fiscal year 2003, and
such sums as may be necessary for each of the fiscal years
2004 through 2006.
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