House
File
653
H-1400
Amend
House
File
653
as
follows:
1
1.
Page
144,
after
line
22
by
inserting:
2
<
DIVISION
___
3
DISTRIBUTION
OF
FEDERAL
FUNDS
——
RESTRICTIONS
RELATED
TO
4
ABORTION
5
Sec.
___.
DISTRIBUTION
OF
FEDERAL
PUBLIC
HEALTH
SERVICES
6
ACT
FUNDS
FOR
FAMILY
PLANNING.
7
1.
The
department
of
public
health
shall
annually
apply
8
to
the
United
States
department
of
health
and
human
services
9
for
grant
funding
under
Tit.
X
of
the
federal
Public
Health
10
Services
Act,
42
U.S.C.
§300
et
seq.
The
department
shall
11
ensure
that
Title
X
grantees
distribute
all
grant
funding
12
received
to
contractor
entity
applicants
in
the
following
order
13
of
priority:
14
a.
Public
entities
that
provide
family
planning
services
15
including
state,
county,
or
local
community
health
clinics
and
16
federally
qualified
health
centers.
17
b.
Nonpublic
entities
that,
in
addition
to
family
planning
18
services,
provide
required
primary
health
services
as
described
19
in
42
U.S.C.
§254b(b)(1)(A).
20
c.
Nonpublic
entities
that
provide
family
planning
21
services
but
do
not
provide
required
primary
health
services
as
22
described
in
42
U.S.C.
§254b(b)(1)(A).
23
2.
Notwithstanding
the
prioritization
order
for
24
distribution
of
grant
funding
pursuant
to
subsection
1,
25
a
contractor
entity
that
received
grant
funds
through
a
26
formal
agreement
with
a
Title
X
grantee
during
the
fiscal
27
year
beginning
July
1,
2016,
and
that
would
not
otherwise
28
be
excluded
under
subsection
4
due
to
performing
abortions
29
or
maintaining
or
operating
a
facility
where
abortions
are
30
performed,
or
under
subsection
5
due
to
use
of
the
grant
funds
31
for
direct
or
indirect
costs
relating
to
providing
abortions,
32
shall
be
deemed
to
meet
the
same
level
of
priority
as
those
33
contractor
entities
specified
in
subsection
1,
paragraph
“a”
34
for
consideration
in
the
distribution
of
grant
funding.
35
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HF653.2493
(1)
87
pf/rn
1/
3
#1.
3.
Distribution
of
funds
under
this
section
shall
be
made
in
1
a
manner
that
continues
access
to
family
planning
services.
2
4.
Distribution
of
funds
shall
not
be
made
to
any
contractor
3
entity
that
performs
abortions
or
that
maintains
or
operates
a
4
facility
where
abortions
are
performed.
For
the
purposes
of
5
this
section,
“abortion”
does
not
include
any
of
the
following:
6
a.
The
treatment
of
a
woman
for
a
physical
disorder,
7
physical
injury,
or
physical
illness,
including
a
8
life-endangering
physical
condition
caused
by
or
arising
from
9
the
pregnancy
itself,
that
would,
as
certified
by
a
physician,
10
place
the
woman
in
danger
of
death.
11
b.
The
treatment
of
a
woman
for
a
spontaneous
abortion,
12
commonly
known
as
a
miscarriage.
13
5.
Funds
distributed
in
accordance
with
this
section
shall
14
not
be
used
for
direct
or
indirect
costs,
including
but
not
15
limited
to
administrative
costs
or
expenses,
overhead,
employee
16
salaries,
rent,
and
telephone
and
other
utility
costs,
related
17
to
providing
abortions
as
specified
in
this
section.
18
6.
The
department
of
public
health
shall
submit
a
report
to
19
the
governor
and
the
general
assembly,
annually
by
January
1,
20
listing
any
contractor
entities
that
received
funds
pursuant
21
to
subsection
1,
paragraph
“c”,
and
the
amount
and
type
of
22
funds
received
by
such
contractor
entities
during
the
preceding
23
calendar
year.
The
report
shall
provide
a
detailed
explanation
24
of
how
the
department
determined
that
distribution
of
funds
to
25
such
a
contractor
entity,
instead
of
to
a
contractor
entity
26
described
in
subsection
1,
paragraph
“a”
or
“b”,
was
necessary
27
to
prevent
severe
limitation
or
elimination
of
access
to
28
family
planning
services
in
the
region
of
the
state
where
the
29
contractor
entity
is
located.
30
7.
For
the
purposes
of
this
section:
31
a.
“Contractor
entity”
means
an
entity
that
receives
Title
32
X
grantee
funds
through
a
formal
agreement
with
the
Title
X
33
grantee
and
whose
purpose
is
to
carry
out
direct
services
to
34
clients.
35
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HF653.2493
(1)
87
pf/rn
2/
3
b.
“Title
X
grantee”
means
the
entity
that
receives
1
a
federal
Title
X
grant
and
assumes
legal
and
financial
2
responsibility
for
good
stewardship
of
public
funds.
3
Sec.
___.
RIGHT
OF
INTERVENTION.
The
sponsor
or
cosponsors
4
of
this
division
of
this
Act,
as
an
agent
or
agents
of
the
5
state,
shall
have
standing
to
intervene
on
behalf
of
the
6
general
assembly
as
a
party
in
any
judicial
or
administrative
7
proceeding
challenging
the
provisions
of
this
division
of
this
8
Act.
9
Sec.
___.
SEVERABILITY.
If
any
provision
of
this
division
10
of
this
Act
or
the
application
of
this
division
of
this
Act
to
11
any
person
or
circumstances
is
held
invalid,
the
invalidity
12
shall
not
affect
other
provisions
or
applications
of
this
13
division
of
this
Act
which
can
be
given
effect
without
the
14
invalid
provisions
or
application
and,
to
this
end,
the
15
provisions
of
this
division
of
this
Act
are
severable.
>
16
2.
By
renumbering
as
necessary.
17
______________________________
SALMON
of
Black
Hawk
-3-
HF653.2493
(1)
87
pf/rn
3/
3
#2.