I 

112TH CONGRESS 

1ST SESSION H. R. 358 

To amend the Patient Protection and Affordable Care Act to modify special 

rules relating to coverage of abortion services under such Act. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 20, 2011 

Mr. PITTS (for himself, Mr. LIPINSKI, Mrs. SCHMIDT, Mr. ROSS of Arkansas, 

Mr. SMITH of New Jersey, Mr. UPTON, Mrs. BLACK, Mr. PENCE, Mr. 

FLEMING, Mrs. MCMORRIS RODGERS, Mr. ADERHOLT, Mr. AKIN, Mr. 

AUSTRIA, Mrs. BACHMANN, Mr. BACHUS, Mr. BARTON of Texas, Mr. 

BILIRAKIS, Mrs. BLACKBURN, Mr. BRADY of Texas, Mr. BROUN of Georgia, Mr. BUCHANAN, Mr. BURGESS, Mr. CANSECO, Mrs. MILLER of 

Michigan, Ms. JENKINS, Mr. CARTER, Mr. CHAFFETZ, Mr. COFFMAN of 

Colorado, Mr. CONAWAY, Mr. COSTELLO, Mr. CRAWFORD, Mr. CRITZ, 

Mrs. ELLMERS, Mr. FORTENBERRY, Mr. GARRETT, Mr. GIBBS, Mr. 

GINGREY of Georgia, Mr. GOHMERT, Mr. GRAVES of Missouri, Mr. 

GUTHRIE, Mr. HALL, Mr. HARRIS, Mrs. HARTZLER, Mr. JOHNSON of Illinois, Mr. JONES, Mr. JORDAN, Mr. KINGSTON, Mr. KINZINGER of Illinois, Mr. KLINE, Mr. LAMBORN, Mr. LANCE, Mr. LATTA, Mr. LEE of 

New York, Mr. DANIEL E. LUNGREN of California, Mr. MANZULLO, Mr. 

MARCHANT, Mr. MCCAUL, Mr. MCCLINTOCK, Mr. MCCOTTER, Mr. 

MCKINLEY, Mr. MURPHY of Pennsylvania, Mr. NEUGEBAUER, Mr. 

OLSON, Mr. PAUL, Mr. POE of Texas, Mr. ROE of Tennessee, Mr. ROGERS of Michigan, Mr. ROGERS of Kentucky, Mr. ROSS of Florida, Mr. 

RYAN of Wisconsin, Mr. SCALISE, Mr. SESSIONS, Mr. SHIMKUS, Mr. 

SHULER, Mr. SMITH of Texas, Mr. STUTZMAN, Mr. SULLIVAN, Mr. 

TERRY, Mr. THOMPSON of Pennsylvania, Mr. WHITFIELD, Mr. FLAKE, 

Mr. POMPEO, Mr. KELLY, Mr. LONG, Mr. ROSKAM, Mr. MILLER of Florida, Mr. HUIZENGA of Michigan, Mr. DAVIS of Kentucky, and Mr. SHUSTER) introduced the following bill; which was referred to the Committee 

on Energy and Commerce 

A BILL 

To amend the Patient Protection and Affordable Care Act 


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to modify special rules relating to coverage of abortion 

services under such Act. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Protect Life Act’’. 

5 SEC. 2. MODIFYING SPECIAL RULES RELATING TO COV6 ERAGE OF ABORTION SERVICES UNDER THE 

7 PATIENT PROTECTION AND AFFORDABLE 

8 CARE ACT TO CONFORM TO LONG-STANDING 

9 FEDERAL POLICY. 

10 (a) IN GENERAL.—Section 1303 of the Patient Pro11 tection and Affordable Care Act (Public Law 111–148), 

12 as amended by section 10104(c) of such Act, is amend13 ed— 

14 (1) by redesignating subsections (c) and (d) as 

15 subsections (e) and (f), respectively; 

16 (2) by redesignating paragraph (4) of sub17 section (b) as subsection (d) and transferring such 

18 subsection (d) after the subsection (c) inserted by 

19 paragraph (4) of this subsection with appropriate in20 dentation; 

21 (3) by amending subsection (b) to read as fol22 lows: 

23 ‘‘(b) SPECIAL RULES RELATING TO TRAINING IN

24 AND COVERAGE OF ABORTION SERVICES.—Nothing in 


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1 this Act (or any amendment made by this Act) shall be 

2 construed to require any health plan to provide coverage 

3 of or access to abortion services or to allow the Secretary 

4 or any other Federal or non-Federal person or entity in 

5 implementing this Act (or amendment) to require coverage 

6 of, access to, or training in abortion services.’’; 

7 (4) by inserting after subsection (b) the fol8 lowing new subsection: 

9 ‘‘(c) LIMITATION ON ABORTION FUNDING.— 

10 ‘‘(1) IN GENERAL.—No funds authorized or ap11 propriated by this Act (or an amendment made by 

12 this Act), including credits applied toward qualified 

13 health plans under section 36B of the Internal Rev14 enue Code of 1986 or cost-sharing reductions under 

15 section 1402 of this Act, may be used to pay for any 

16 abortion or to cover any part of the costs of any 

17 health plan that includes coverage of abortion, ex18 cept— 

19 ‘‘(A) if the pregnancy occurred because the 

20 pregnant female was the subject of an act of 

21 forcible rape or, if a minor, an act of incest; or 

22 ‘‘(B) in the case where a pregnant female 

23 suffers from a physical disorder, physical in24 jury, or physical illness that would, as certified 

25 by a physician, place the female in danger of 


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1 death unless an abortion is performed, includ2 ing a life-endangering physical condition caused 

3 by or arising from the pregnancy itself. 

4 ‘‘(2) OPTION TO PURCHASE SEPARATE COV5 ERAGE OR PLAN.—Nothing in this subsection shall 

6 be construed as prohibiting any non-Federal entity 

7 (including an individual or a State or local govern8 ment) from purchasing separate coverage for abor9 tions for which funding is prohibited under this sub10 section, or a qualified health plan that includes such 

11 abortions, so long as— 

12 ‘‘(A) such coverage or plan is paid for en13 tirely using only funds not authorized or appro14 priated by this Act; and 

15 ‘‘(B) such coverage or plan is not pur16 chased using— 

17 ‘‘(i) individual premium payments re18 quired for a qualified health plan offered 

19 through an Exchange towards which a 

20 credit is applied under section 36B of the 

21 Internal Revenue Code of 1986; or 

22 ‘‘(ii) other non-Federal funds required 

23 to receive a Federal payment, including a 

24 State’s or locality’s contribution of Med25 icaid matching funds. 


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1 ‘‘(3) OPTION TO OFFER COVERAGE OR PLAN.— 

2 Nothing in this subsection or section 

3 1311(d)(2)(B)(i) shall restrict any non-Federal 

4 health insurance issuer offering a qualified health 

5 plan from offering separate coverage for abortions 

6 for which funding is prohibited under this sub7 section, or a plan that includes such abortions, so 

8 long as— 

9 ‘‘(A) premiums for such separate coverage 

10 or plan are paid for entirely with funds not au11 thorized or appropriated by this Act; 

12 ‘‘(B) administrative costs and all services 

13 offered through such coverage or plan are paid 

14 for using only premiums collected for such cov15 erage or plan; and 

16 ‘‘(C) any such non-Federal health insur17 ance issuer that offers a qualified health plan 

18 through an Exchange that includes coverage for 

19 abortions for which funding is prohibited under 

20 this subsection also offers a qualified health 

21 plan through the Exchange that is identical in 

22 every respect except that it does not cover abor23 tions for which funding is prohibited under this 

24 subsection.’’; 


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1 (5) in subsection (e), as redesignated by para2 graph (1)— 

3 (A) in the heading, strike ‘‘Regarding 

4 Abortion’’; 

5 (B) in the heading of each of paragraphs 

6 (1) and (2), strike each place it appears ‘‘RE7 GARDING ABORTION’’; and 

8 (C) in paragraph (1), by striking ‘‘regard9 ing the prohibition of (or requirement of) cov10 erage, funding, or’’ and inserting ‘‘protecting 

11 conscience rights, restricting or prohibiting 

12 abortion or coverage or funding of abortion, or 

13 establishing’’; 

14 (D) in paragraph (2)(A), by striking 

15 ‘‘Nothing’’ and inserting ‘‘Subject to subsection 

16 (g), nothing’’; and 

17 (6) by adding at the end the following new sub18 section: 

19 ‘‘(g) NONDISCRIMINATION ON ABORTION.— 

20 ‘‘(1) NONDISCRIMINATION.—A Federal agency 

21 or program, and any State or local government that 

22 receives Federal financial assistance under this Act 

23 (or an amendment made by this Act), may not sub24 ject any institutional or individual health care entity 

25 to discrimination, or require any health plan created 


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1 or regulated under this Act (or an amendment made 

2 by this Act) to subject any institutional or individual 

3 health care entity to discrimination, on the basis 

4 that the health care entity refuses to— 

5 ‘‘(A) undergo training in the performance 

6 of induced abortions; 

7 ‘‘(B) require or provide such training; 

8 ‘‘(C) perform, participate in, provide cov9 erage of, or pay for induced abortions; or 

10 ‘‘(D) provide referrals for such training or 

11 such abortions. 

12 ‘‘(2) DEFINITION.—In this subsection, the term 

13 ‘health care entity’ includes an individual physician 

14 or other health care professional, a hospital, a pro15 vider-sponsored organization, a health maintenance 

16 organization, a health insurance plan, or any other 

17 kind of health care facility, organization, or plan. 

18 ‘‘(3) REMEDIES.— 

19 ‘‘(A) IN GENERAL.—The courts of the 

20 United States shall have jurisdiction to prevent 

21 and redress actual or threatened violations of 

22 this section by issuing any form of legal or eq23 uitable relief, including— 

24 ‘‘(i) injunctions prohibiting conduct 

25 that violates this subsection; and 


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1 ‘‘(ii) orders preventing the disburse2 ment of all or a portion of Federal finan3 cial assistance to a State or local govern4 ment, or to a specific offending agency or 

5 program of a State or local government, 

6 until such time as the conduct prohibited 

7 by this subsection has ceased. 

8 ‘‘(B) COMMENCEMENT OF ACTION.—An 

9 action under this subsection may be instituted 

10 by— 

11 ‘‘(i) any health care entity that has 

12 standing to complain of an actual or 

13 threatened violation of this subsection; or 

14 ‘‘(ii) the Attorney General of the 

15 United States. 

16 ‘‘(4) ADMINISTRATION.—The Secretary shall 

17 designate the Director of the Office for Civil Rights 

18 of the Department of Health and Human Services— 

19 ‘‘(A) to receive complaints alleging a viola20 tion of this subsection; and 

21 ‘‘(B) to pursue investigation of such com22 plaints in coordination with the Attorney Gen23 eral.’’. 

24 (b) CONFORMING AMENDMENT.—Section 1334(a)(6) 

25 of such Act is amended to read as follows: 


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1 ‘‘(6) COVERAGE CONSISTENT WITH FEDERAL

2 POLICY.—In entering into contracts under this sub3 section, the Director shall ensure that no multi-State 

4 qualified health plan offered in an Exchange pro5 vides coverage for abortions for which funding is 

6 prohibited under subsection 1303(c) of this Act.’’. 

Æ 


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