HR343-119

What This Bill Does

The Title X Abortion Provider Prohibition Act adds a new Public Health Service Act section 1009. HHS may not provide Title X assistance to an entity unless the entity certifies that during the assistance period it will not perform abortions and will not provide funds to another entity that performs abortions. Exceptions apply for abortions where pregnancy results from rape or incest, or where a physician certifies that a physical disorder, injury, or illness would place the woman in danger of death unless an abortion is performed, including life-threatening pregnancy-related conditions. Hospitals are not excluded solely because of abortion activity if they do not provide funds to a non-hospital entity that performs abortions other than excepted abortions. HHS must report to Congress within 60 days after enactment and annually with lists of Title X grantees, exception abortions by category, certification dates, and entities that received funds from grantees.

Who Benefits and How

Abortion opponents benefit because Title X funding becomes conditioned on grantees certifying that they do not perform or fund abortions outside narrow exceptions. Title X grantees that do not perform abortions benefit competitively because abortion-performing entities would lose eligibility. Hospitals benefit from an exception allowing Title X eligibility if they do not fund non-hospital abortion providers. Congress benefits from annual HHS reports on grantees, exception abortions, certification dates, and fund transfers.

Who Bears the Burden and How

Abortion providers lose Title X eligibility unless their abortion activity falls within the rape, incest, or life-endangerment exceptions. Title X grantees must certify compliance and avoid funding abortion-performing entities during the assistance period. HHS family planning staff must collect certifications and report annually to Congress. Patients seeking abortion-related services may face fewer Title X-funded providers if current grantees are excluded.

Key Provisions

• Prohibits Title X assistance to entities that perform abortions or fund entities that perform abortions.
• Provides exceptions for rape, incest, and physician-certified life-endangering physical conditions.
• Protects hospital eligibility if hospitals do not fund non-hospital abortion providers outside exceptions.
• Requires HHS reports within 60 days and annually on grantees, exception abortions, certifications, and fund transfers.