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ERN18485 S.L.C.

AMENDMENT NO.llll Calendar No.lll


Purpose: To prohibit Federal funds being made available
to a prohibited entity.

IN THE SENATE OF THE UNITED STATES—115th Cong., 2d Sess.

H. R. 6157

Making appropriations for the Department of Defense for


the fiscal year ending September 30, 2019, and for
other purposes.
Referred to the Committee on llllllllll and
ordered to be printed
Ordered to lie on the table and to be printed
AMENDMENT intended to be proposed by
llllllllll to the amendment (No. lll)
proposed by llllllllll
Viz:
1 At the appropriate place in title V of division B, in-
2 sert the following:
3 SEC. ll. (a) IN GENERAL.—Notwithstanding any
4 other provision of law, none of the funds made available
5 by this Act may be made available either directly, through
6 a State (including through managed care contracts with
7 a State), or through any other means, to a prohibited enti-
8 ty.
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1 (b) PROHIBITED ENTITY.—The term ‘‘prohibited en-
2 tity’’ means an entity, including its affiliates, subsidiaries,
3 successors, and clinics—
4 (1) that, as of the date of enactment of this
5 Act—
6 (A) is an organization described in section
7 501(c)(3) of the Internal Revenue Code of 1986
8 and exempt from taxation under section 501(a)
9 of such Code;
10 (B) is an essential community provider de-
11 scribed in section 156.235 of title 45, Code of
12 Federal Regulations (as in effect on the date of
13 enactment of this Act), that is primarily en-
14 gaged in family planning services, reproductive
15 health, and related medical care; and
16 (C) performs, or provides any funds to any
17 other entity that performs abortions, other than
18 an abortion performed—
19 (i) in the case of a pregnancy that is
20 the result of an act of rape or incest; or
21 (ii) in the case where a woman suffers
22 from a physical disorder, physical injury,
23 or physical illness that would, as certified
24 by a physician, place the woman in danger
25 of death unless an abortion is performed,
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1 including a life endangering physical condi-
2 tion caused by, or arising from, the preg-
3 nancy itself; and
4 (2) for which the total amount of Federal
5 grants to such entity, including grants to any affili-
6 ates, subsidiaries, or clinics of such entity, under
7 title X of the Public Health Service Act in fiscal
8 year 2016 exceeded $23,000,000.
9 (c)(1) END OF PROHIBITION.—The definition in sub-
10 section (b) shall cease to apply to an entity if such entity
11 certifies that it, including its affiliates, subsidiaries, suc-
12 cessors, and clinics, will not perform, and will not provide
13 any funds to any other entity that performs, an abortion
14 as described in subsection (b)(1)(C).
15 (2) REPAYMENT.—The Secretary of Health and
16 Human Services shall seek repayment of any Federal as-
17 sistance received by any entity that had made a certifi-
18 cation described in paragraph (1) and subsequently vio-
19 lated the terms of such certification.