S. 88Senate117th Congress (2021-2023)In Committee

Title X Abortion Provider Prohibition Act

Introduced January 28, 2021

AI-Generated Summary

Updated February 7, 2026 at 9:42 PM UTC

The Title X Abortion Provider Prohibition Act amends the Public Health Service Act to bar federal family‑planning grants from going to any organization that performs abortions. It requires grant recipients to certify they will not provide abortions or fund other abortion providers, with limited exceptions. The rule applies to clinics, nonprofits and other entities that receive Title X funding, while hospitals receive a narrower exemption.

Key Provisions

  • Grant recipients must certify they will not perform abortions or fund other abortion providers during the period they receive assistance.
  • Exceptions allow abortions in cases of rape, incest, or when a physician certifies the woman's life or health is in danger.
  • Hospitals are exempt only if they do not fund non‑hospital abortion providers, except for the same limited exceptions.
  • The Secretary must submit an annual report to Congress listing grant recipients, any abortions performed under the exceptions, and certification dates.
  • Defines “entity” as the whole legal organization and adopts the existing definition of “hospital.”

Legislative Activity

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1 earlier action
SenateIntro Referral Latest Action

Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

January 28, 2021

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SenateIntro Referral

Introduced in Senate

January 28, 2021

SenateIntro Referral

Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

January 28, 2021

Floor Debate

15 members

What members said about S. 88 on the floor

5 Republicans9 Democrats1 Independent
Bernard Sanders
Sen. Bernard SandersI-VT · Feb 3, 2021

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, as the new chairman of the Budget Committee, I wanted to take a few moments to talk about the…

Debbie Stabenow
Sen. Debbie StabenowD-MI · Feb 3, 2021

Mr. President, it is wonderful to see you in the Chair. Mr. President, one thing you can say about Americans, we know how to meet the moment. When the world was upended by a Great Depression and a…

Christopher Murphy
Sen. Christopher MurphyD-CT · Feb 3, 2021

I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, I am here today to speak in favor of the underlying resolution and urge my colleagues to support it. I will be…

Richard Blumenthal
Sen. Richard BlumenthalD-CT · Feb 3, 2021

Madam President, reserving the right to object, this measure, essentially, is a pretextual, ideological, and extreme step that really detracts from what should be our primary purpose at this moment…

Chuck Grassley
Sen. Chuck GrassleyR-IA · Feb 3, 2021

Thank you. The actions of my Democratic colleagues this week make it clear that they do not have any intention of working with Republicans on a bipartisan COVID package. There is no other explanation…

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Patty Murray
Sen. Patty MurrayD-WA · Feb 3, 2021

Madam President, reserving the right to object. We are in the middle of a pandemic. Families are struggling, and we should be doing everything we can to make it easier for them to get the care they…

Jeanne Shaheen
Sen. Jeanne ShaheenD-NH · Feb 3, 2021

Madam President, my colleague from Utah tells a nice story, but it is not accurate. He is not being honest about what is going on with the global gag rule, and I am really disappointed that he is…

Ben Ray Luján
Sen. Ben Ray LujánD-NM · Feb 3, 2021

Mr. President, more than 3,000 of my fellow New Mexicans have lost their lives to COVID-19. They were New Mexicans like Teresa, an essential medical worker from Springer, NM. She bravely went to work…

Mike Lee
Sen. Mike LeeR-UT · Feb 3, 2021

Madam President, the whole point of American foreign aid is to assist countries in times of need and in support of a common interest between us and them. Yet, for many years, our foreign aid dollars…

Jacky Rosen
Sen. Jacky RosenD-NV · Feb 3, 2021

Mr. President, the American people need our help, and they need it now. Far too many families are struggling just to get by. My home State of Nevada has been hit especially hard during this pandemic.…

Robert P. Casey Jr.
Sen. Robert P. Casey Jr.D-PA · Feb 3, 2021

Madam President, I will continue with the brief discussion about home and community-based services. It is so critical, as I mentioned earlier, to have these services available for seniors and for…

Marsha Blackburn
Sen. Marsha BlackburnR-TN · Feb 3, 2021

Madam President, since 1976, Federal law has prohibited the use of Federal funds--taxpayer dollars--for abortion. Section 1008 of the Public Health Service Act explicitly States that title X funds…

Steve Daines
Sen. Steve DainesR-MT · Feb 3, 2021

Madam President, I want to thank my colleague from Utah, Senator Mike Lee, for his remarks. Last week, with the stroke of a pen, President Biden eliminated critical pro-life protections. He reversed…

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James M. Inhofe
Sen. James M. InhofeR-OK · Feb 3, 2021

Madam President, I ask unanimous consent that the Committee on the Judiciary be discharged from further consideration of S. 75 and that the Senate proceed to its immediate consideration. Further, I…

Charles E. Schumer
Sen. Charles E. SchumerD-NY · Feb 3, 2021

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.

Bill Text

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Introduced in SenateIssued January 28, 2021

II

117th CONGRESS

1st Session

S. 88

IN THE SENATE OF THE UNITED STATES

January 28, 2021

Mrs. Blackburn (for herself, Mr. Risch, Mr. Cotton, Mr. Paul, Mr. Romney, Mr. Braun, Mr. Tillis, Mr. Wicker, Mr. Inhofe, Mr. Blunt, Mrs. Fischer, Ms. Ernst, Mr. Rounds, Mr. Hawley, Mr. Thune, Mr. Cruz, Mr. Marshall, Mr. Lankford, Mr. Daines, Mr. Sasse, Mr. Rubio, Mr. Hagerty, Mr. Scott of South Carolina, Mr. Cassidy, Mr. Lee, Mrs. Hyde-Smith, and Mr. Cramer) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions

A BILL

To amend title X of the Public Health Service Act to prohibit family planning grants from being awarded to any entity that performs abortions, and for other purposes.

1.

Short title

This Act may be cited as the Title X Abortion Provider Prohibition Act.

2.

Prohibition on abortion

Title X of the Public Health Service Act (42 U.S.C. 300 et seq.) is amended by adding at the end the following:

1009.

Additional prohibition regarding abortion

(a)

Prohibition

The Secretary shall not provide any assistance under this title to an entity unless the entity certifies that, during the period of such assistance, the entity will not perform, and will not provide any funds to any other entity that performs, an abortion.

(b)

Exception

Subsection (a) does not apply with respect to an abortion where—

(1)

the pregnancy is the result of rape or incest; or

(2)

a physician certifies that the woman suffers from a physical disorder, physical injury, or physical illness that would place the woman in danger of death unless an abortion is performed, including a life-threatening physical condition caused by or arising from the pregnancy itself.

(c)

Hospitals

Subsection (a) does not apply with respect to a hospital, so long as such hospital does not, during the period of assistance described in subsection (a), provide funds to any non-hospital entity that performs an abortion (other than an abortion described in subsection (b)).

(d)

Annual report

Not later than 60 days after the date of the enactment of the Title X Abortion Provider Prohibition Act, and annually thereafter, for the fiscal year involved, the Secretary shall submit a report to Congress containing—

(1)

a list of each entity receiving a grant under this title;

(2)

for each such entity performing abortions under the exceptions described in subsection (b)—

(A)

the total number of such abortions;

(B)

the number of such abortions where the pregnancy is the result of rape;

(C)

the number of such abortions where the pregnancy is the result of incest; and

(D)

the number of such abortions where a physician provides a certification described in subsection (b)(2);

(3)

a statement of the date of the latest certification under subsection (a) for each entity receiving a grant under this title; and

(4)

a list of each entity to which an entity described in paragraph (1) makes available funds received through a grant under this title.

(e)

Definitions

In this section:

(1)

The term entity means the entire legal entity, including any entity that controls, is controlled by, or is under common control with such entity.

(2)

The term hospital has the meaning given to such term in section 1861(e) of the Social Security Act.

.