U.S. House of Representatives
Bill HR358 (2011)
Protect Life Act
This bill was introduced by Mr. Pitts for himself and others on 20
January, 2011, and referred to committee. What follows are extracts from
the bill that deal with protecting freedom of conscience. [Full
text of bill
IN THE HOUSE OF REPRESENTATIVES
To amend the Patient Protection and Affordable Care Act to modify special
rules relating to coverage of abortion services under such Act.
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 `Protect Life Act'.
SEC. 2. MODIFYING SPECIAL RULES RELATING TO COVERAGE OF ABORTION
SERVICES UNDER THE PATIENT PROTECTION AND AFFORDABLE CARE ACT TO CONFORM TO
LONG-STANDING FEDERAL POLICY.
(a) In General- Section 1303 of the Patient Protection and Affordable
Care Act (Public Law 111-148), as amended by section 10104(c) of such Act,
(1) . . .
(2) . . .
(3) by amending subsection (b) to read as follows:
(b) Special Rules Relating to Training in and Coverage of
Abortion Services- Nothing in this Act (or any
amendment made by this Act) shall be construed to require any health plan to
provide coverage of or access to abortion services or to allow the Secretary
or any other Federal or non-Federal person or entity in implementing this
Act (or amendment) to require coverage of, access to, or training in
(4) . . .
(5) in subsection (e), as redesignated by paragraph (1)--
(A) in the heading, strike `Regarding Abortion';
(B) in the heading of each of paragraphs (1) and (2),
strike each place it appears `REGARDING ABORTION'; and
(C) in paragraph (1), by striking `regarding the
prohibition of (or requirement of) coverage, funding, or'
and inserting `protecting conscience rights,
restricting or prohibiting abortion or coverage or funding of abortion, or
(D) in paragraph (2)(A), by striking `Nothing' and
inserting `Subject to subsection (g), nothing'; and
(6) by adding at the end the following new subsection:
(g) Nondiscrimination on Abortion-
(1) NONDISCRIMINATION- A Federal agency or program, and
any State or local government that receives Federal financial assistance
under this Act (or an amendment made by this Act), may not subject any
institutional or individual health care entity to discrimination, or require
any health plan created or regulated under this Act (or an amendment made by
this Act) to subject any institutional or individual health care entity to
discrimination, on the basis that the health care entity refuses to--
(A) undergo training in the
performance of induced abortions;
(B) require or provide such
(C) perform, participate in,
provide coverage of, or pay for induced abortions; or
(D) provide referrals for such
training or such abortions.
(2) DEFINITION- In this subsection,
the term `health care entity' includes an individual physician or other
health care professional, a hospital, a provider-sponsored organization, a
health maintenance organization, a health insurance plan, or any other kind
of health care facility, organization, or plan.
(A) 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--
(i) injunctions prohibiting conduct
that violates this subsection; and
(ii) 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
subsection has ceased.
(B) COMMENCEMENT OF ACTION- An
action under this subsection may be instituted by--
(i) any health care entity that has
standing to complain of an actual or threatened violation of this
(ii) the Attorney General of the
(4) ADMINISTRATION- The Secretary
shall designate the Director of the Office for Civil Rights of the
Department of Health and Human Services--
(A) to receive complaints alleging
a violation of this subsection; and
(B) to pursue investigation of such
complaints in coordination with the Attorney General.
(b) . . .