U.S. House of Representatives
Bill HR 361 (2011)
Abortion Non-Discrimination Act of 2011
This bill was introduced by Mr. FLEMING (for himself and Mr. BOREN) on
20 January, 2011, and referred to committee
IN THE HOUSE OF REPRESENTATIVES
To amend the Public Health Service Act to prohibit certain
abortion-related discrimination in governmental activities.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Abortion Non-Discrimination Act of 2011'.
SEC. 2. ABORTION NON-DISCRIMINATION.
Section 245 of the Public Health Service Act (42 U.S.C. 238n) is
(1) in the section heading, by striking "AND LICENSING OF PHYSICIANS" and
inserting LICENSING, AND PRACTICE OF PHYSICIANS AND
OTHER HEALTH CARE ENTITIES;
(2) in subsection (a), by amending paragraph (1) to read as follows:
(1) the entity refuses--
(A) to undergo training in the performance of induced
(B) to require or provide such training;
(C) to perform, participate in, provide coverage of, or
pay for induced abortions; or
(D) to provide referrals for such training or such
(3) in subsection (b), by striking "an accreditation standards that
requires" and inserting an accreditation standard that
(4) in subsection (c), by amending paragraphs (1) and (2) to read as
(1) The term `financial assistance', with respect to a
government program, means governmental payments to cover the cost of health
care services or benefits, or other Federal payments, grants, or loans to
promote or otherwise facilitate health-related activities.
(2) The term `health care entity' includes an individual
physician or other health professional, a postgraduate physician training
program, a participant in a program of training in the health professions, a
hospital, a provider sponsored organization, a health maintenance
organization, an accountable care organization, a health insurance plan, or
any other kind of health care facility, organization, or plan.
(5) in subsection (c), by adding a new paragraph (4) as follows:
(4) The term `State or local government that receives
Federal financial assistance' includes any agency or other governmental unit
of a State or local government that receives Federal financial assistance.
(6) by redesignating subsection (c) as subsection (e); and
(7) by inserting after subsection (b) the following:
(1) IN GENERAL- The courts of the United States shall
have jurisdiction to prevent and redress actual or threatened violations of
this section by issuing any form of legal or equitable relief, including--
(A) injunctions prohibiting conduct that violates this
(B) orders preventing the disbursement of all or a
portion of Federal financial assistance to a State or local government, or
to a specific offending agency or program of a State or local government,
until such time as the conduct prohibited by this section has ceased.
(2) COMMENCEMENT OF ACTION- An action under this section
may be instituted by--
(A) any health care entity that has standing to complain
of an actual or threatened violation of this section; or
(B) the Attorney General of the United States.
(d) Administration- The Secretary shall designate the
Director of the Office for Civil Rights of the Department of Health and
`(1) to receive complaints alleging a violation of this
`(2) to pursue the investigation of such complaints, in
coordination with the Attorney General.