The Secretary of HHS may make grants to purchase ultrasound equipment.

SA 112. Mr. BUNNING (for himself and Mr. Santorum) submitted an amendment intended to be proposed by him to the joint resolution H.J. Res. 2, making further continuing appropriations for the fiscal year 2003, and for other purposes; which was ordered to lie on the table; as follows:

At the end of the general provisions relating to the Department of Health and Human Services, insert the following:

SEC. __. 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 physician, free ultrasound examinations to pregnant woman needing medical services.

(b) Eligibility Requirements.--An entity may receive a grant under subsection (a) only if the entity meets the following conditions:

(1) Nonprofit, tax exempt organization.--The entity is a nonprofit private organization that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and is exempt from tax under section 501(a) of such Code.

(2) Clinic.--The entity operates as a community-based pregnancy help medical clinic.

(3) Qualified entity.--The entity is legally qualified to provide medical services to pregnant women and is in compliance with all Federal, State, and local requirements for the provision of such services.

(4) Procedures.--The entity agrees to comply with the following medical procedures:

(A) Image and description.--Each pregnant woman upon whom the ultrasound equipment is used will be shown the visual image of the embryo or fetus involved from the ultrasound examination and will be given a general anatomical and physiological description of the characteristics of the embryo or fetus.

(B) Age.--Each pregnant woman will be given, according to the best medical judgment of the physician or physician's agent performing the ultrasound examination, 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 woman as to the time of her last menstrual period, her medical history, a physical examination, or appropriate laboratory tests.

(C) Information on options.--Each pregnant woman will be given information on abortion and alternatives to abortion such as childbirth and adoption and information concerning public and private agencies that will assist women choosing those alternatives.

(D) Insurance.--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).

(5) Multiple revenue sources.--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 made under subsection (a) may be made in an amount that exceeds the lesser of--

(1) an amount equal to 50 percent of the purchase price cost of the ultrasound machine involved; or

(2) $20,000.

(d) Application for Grant.--To be eligible to receive a grant under subsection (a), an entity shall submit an application to the Secretary in such form, in such manner, and containing such agreements, assurances, and information as the Secretary determines to be necessary to carry out this section.

(e) Annual Report to Secretary.--The Secretary may make a grant 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 eligibility conditions established in subsection (b).

(f) Definitions.--In this section:

(1) Community-based pregnancy help medical clinic.--The term “community-based pregnancy help medical clinic” means an entity that--

(A) provides free medical services to pregnant women under the direction and supervision of a licensed physician who serves as the medical director for such clinic; and

(B) does not charge for any services rendered to its clients, whether or not such services are for pregnancy-related matters.

(2) Secretary.--The term “Secretary” means the Secretary of Health and Human Services.

(g) Appropriations and Offset.--

(1) Appropriations.--There is appropriated to carry out this section $5,000,000 for fiscal year 2003.

(2) Offset.--Of the amount appropriated or otherwise made available by title III of division K for the National Aeronautics and Space Administration, the amount available for the Origins program under the Office of Space Sciences is hereby reduced by $5,000,000.