Title X Abortion Provider Prohibition Act
H.R. 343, the Title X Abortion Provider Prohibition Act, would tighten federal rules for the Title X family planning program. It would add a new prohibition (Section 1009) requiring any entity that receives Title X assistance to certify that, during the period of assistance, it will not perform abortions and will not provide funds to any other entity that performs abortions. There are narrow exceptions: abortions resulting from rape or incest, and abortions necessary to save a pregnant woman’s life or to prevent death or a life-threatening condition, as certified by a physician. Hospitals would be exempt from the general prohibition so long as they do not fund non-hospital abortion providers (except abortions covered by the listed exceptions). The bill also requires an annual report to Congress detailing grant recipients, abortions performed under the exceptions, and related certification information, plus definitions clarifying who counts as an “entity” and a “hospital.” In short, the bill aims to ensure that Title X funds do not flow to entities that perform abortions, with limited carveouts for certain cases and a transparency/oversight framework.
Key Points
- 1Adds a new prohibition (Sec. 1009) to Title X: Secretary may provide Title X assistance only to entities that certify they will not perform abortions and will not fund any other entity that performs abortions during the period of assistance.
- 2Exceptions to the prohibition: Abortions are allowed in two narrow scenarios—(1) the pregnancy results from rape or incest, or (2) a physician certifies that the woman has a physical disorder, injury, or illness placing her in danger of death unless an abortion is performed (including life-threatening conditions caused by the pregnancy).
- 3Hospital carveout: Hospitals can receive Title X funds even if they medically perform abortions, provided the hospital does not fund non-hospital abortion providers during the period of assistance, except for abortions described in the listed exceptions.
- 4Annual reporting requirement: Within 60 days after enactment and annually thereafter, the Secretary must report to Congress with (1) a list of grant recipients, (2) for any entity performing abortions under the exceptions, counts of abortions and subcategories (rape, incest, physician-certified life-threatening cases), (3) the date of the latest certification for each grant recipient, and (4) a list of entities to which grant recipients make funds available.
- 5Definitions: Clarifies that “entity” includes the entire legal entity (including controlled affiliates), and defines “hospital” per the Social Security Act (SSA) 1861(e).