H-1400

   Amend House File 653 as follows:
   1.  Page 144, after line 22 by inserting: 
<DIVISION ___
DISTRIBUTION OF FEDERAL FUNDS —— RESTRICTIONS RELATED TO ABORTION

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

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SALMON of Black Hawk