II 

112TH CONGRESS 

1ST SESSION S. 1484 

To prohibit taxpayer funded abortions and to provide for conscience 

protections, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

AUGUST 2, 2011 

Mr. NELSON of Nebraska introduced the following bill; which was read twice 

and referred to the Committee on Health, Education, Labor, and Pensions 

A BILL 

To prohibit taxpayer funded abortions and to provide for 

conscience protections, and for other purposes. 

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 ‘‘Hyde and Related 

5 Amendments Codification Act’’. 

6 SEC. 2. PROHIBITING TAXPAYER FUNDED ABORTIONS AND 

7 PROVIDING FOR CONSCIENCE PROTECTIONS. 

8 (a) IN GENERAL.—Title 1, United States Code is 

9 amended by adding at the end the following new chapter: 


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1 ‘‘CHAPTER 4—PROHIBITING TAXPAYER 

2 FUNDED ABORTIONS AND PROVIDING 

3 FOR CONSCIENCE PROTECTIONS 

‘‘Sec. 

‘‘301. Prohibition on funding for abortions. 

‘‘302. Prohibition on funding for health benefits plans that cover abortion. 

‘‘303. Limitation on Federal facilities and employees. 

‘‘304. Construction relating to separate coverage. 

‘‘305. Construction relating to the use of non-Federal funds for health coverage. 

‘‘306. Non-preemption of other Federal laws. 

‘‘307. Construction relating to complications arising from abortion. 

‘‘308. Treatment of abortions related to rape, incest, or preserving the life of 

the mother. 

‘‘309. Application to District of Columbia. 

‘‘310. No government discrimination against certain health care entities. 

4 ‘‘§ 301. Prohibition on funding for abortions 

5 ‘‘No funds authorized or appropriated by Federal 

6 law, and none of the funds in any trust fund to which 

7 funds are authorized or appropriated by Federal law, shall 

8 be expended for any abortion. 

9 ‘‘§ 302. Prohibition on funding for health benefits 

10 plans that cover abortion 

11 ‘‘None of the funds authorized or appropriated by 

12 Federal law, and none of the funds in any trust fund to 

13 which funds are authorized or appropriated by Federal 

14 law, shall be expended for health benefits coverage that 

15 includes coverage of abortion. 

16 ‘‘§ 303. Limitation on Federal facilities and employees 

17 ‘‘No health care service furnished— 

18 ‘‘(1) by or in a health care facility owned or op19 erated by the Federal Government; or 


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1 ‘‘(2) by any physician or other individual em2 ployed by the Federal Government to provide health 

3 care services within the scope of the physician’s or 

4 individual’s employment, 

5 may include abortion. 

6 ‘‘§ 304. Construction relating to separate coverage 

7 ‘‘Nothing in this chapter shall be construed as pro8 hibiting any individual, entity, or State or locality from 

9 purchasing separate abortion coverage or health benefits 

10 coverage that includes abortion so long as such coverage 

11 is paid for entirely using only funds not authorized or ap12 propriated by Federal law and such coverage shall not be 

13 purchased using matching funds required for a federally 

14 subsidized program, including a State’s or locality’s con15 tribution of Medicaid matching funds. 

16 ‘‘§ 305. Construction relating to the use of non-Fed17 eral funds for health coverage 

18 ‘‘Nothing in this chapter shall be construed as re19 stricting the ability of any non-Federal health benefits cov20 erage provider from offering abortion coverage, or the abil21 ity of a State or locality to contract separately with such 

22 a provider for such coverage, so long as only funds not 

23 authorized or appropriated by Federal law are used and 

24 such coverage shall not be purchased using matching 

25 funds required for a federally subsidized program, includVerDate Mar 15 2010 17:14 Aug 04, 2011 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1484.IS S1484

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1 ing a State’s or locality’s contribution of Medicaid match2 ing funds. 

3 ‘‘§ 306. Non-preemption of other Federal laws 

4 ‘‘Nothing in this chapter shall repeal, amend, or have 

5 any effect on any other Federal law to the extent such 

6 law imposes any limitation on the use of funds for abortion 

7 or for health benefits coverage that includes coverage of 

8 abortion, beyond the limitations set forth in this chapter.

9 ‘‘§ 307. Construction relating to complications arising 

10 from abortion 

11 ‘‘Nothing in this chapter shall be construed to apply 

12 to the treatment of any infection, injury, disease, or dis13 order that has been caused by or exacerbated by the per14 formance of an abortion. This rule of construction shall 

15 be applicable without regard to whether the abortion was 

16 performed in accord with Federal or State law, and with17 out regard to whether funding for the abortion is permis18 sible under section 308. 

19 ‘‘§ 308. Treatment of abortions related to rape, incest, 

20 or preserving the life of the mother 

21 ‘‘The limitations established in sections 301, 302, 

22 and 303 shall not apply to an abortion— 

23 ‘‘(1) if the pregnancy is the result of an act of 

24 rape or incest; or 


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1 ‘‘(2) in the case where a woman suffers from a 

2 physical disorder, physical injury, or physical illness 

3 that would, as certified by a physician, place the 

4 woman in danger of death unless an abortion is per5 formed, including a life-endangering physical condi6 tion caused by or arising from the pregnancy itself. 

7 ‘‘§ 309. Application to District of Columbia 

8 ‘‘In this chapter: 

9 ‘‘(1) Any reference to funds appropriated by 

10 Federal law shall be treated as including any 

11 amounts within the budget of the District of Colum12 bia that have been approved by Act of Congress pur13 suant to section 446 of the District of Columbia 

14 Home Rule Act (or any applicable successor Federal 

15 law). 

16 ‘‘(2) The term ‘Federal Government’ includes 

17 the government of the District of Columbia. 

18 ‘‘§ 310. No government discrimination against certain 

19 health care entities 

20 ‘‘(a) NONDISCRIMINATION.—A Federal agency or 

21 program, and any State or local government that receives 

22 Federal financial assistance (either directly or indirectly), 

23 may not subject any individual or institutional health care 

24 entity to discrimination on the basis that the health care 


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1 entity does not provide, pay for, provide coverage of, or 

2 refer for abortions. 

3 ‘‘(b) HEALTH CARE ENTITY DEFINED.—For pur4 poses of this section, the term ‘health care entity’ includes 

5 an individual physician or other health care professional, 

6 a hospital, a provider-sponsored organization, a health 

7 maintenance organization, a health insurance plan, or any 

8 other kind of health care facility, organization, or plan. 

9 ‘‘(c) REMEDIES.— 

10 ‘‘(1) IN GENERAL.—The courts of the United 

11 States shall have jurisdiction to prevent and redress 

12 actual or threatened violations of this section by 

13 issuing any form of legal or equitable relief, includ14 ing— 

15 ‘‘(A) injunctions prohibiting conduct that 

16 violates this section; and 

17 ‘‘(B) orders preventing the disbursement of 

18 all or a portion of Federal financial assistance 

19 to a State or local government, or to a specific 

20 offending agency or program of a State or local 

21 government, until such time as the conduct pro22 hibited by this section has ceased. 

23 ‘‘(2) COMMENCEMENT OF ACTION.—An action 

24 under this subsection may be instituted by— 


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1 ‘‘(A) any health care entity that has stand2 ing to complain of an actual or threatened vio3 lation of this section; or 

4 ‘‘(B) the Attorney General of the United 

5 States. 

6 ‘‘(d) ADMINISTRATION.—The Secretary of Health 

7 and Human Services shall designate the Director of the 

8 Office for Civil Rights of the Department of Health and 

9 Human Services— 

10 ‘‘(1) to receive complaints alleging a violation of 

11 this section; 

12 ‘‘(2) subject to paragraph (3), to pursue the in13 vestigation of such complaints in coordination with 

14 the Attorney General; and 

15 ‘‘(3) in the case of a complaint related to a 

16 Federal agency (other than with respect to the De17 partment of Health and Human Services) or pro18 gram administered through such other agency or 

19 any State or local government receiving Federal fi20 nancial assistance through such other agency, to 

21 refer the complaint to the appropriate office of such 

22 other agency.’’. 

23 (b) AMENDMENT TO TABLE OF CHAPTERS.—The 

24 table of chapters for title 1, United States Code, is amend25 ed by adding at the end the following new item: 


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‘‘4. Prohibiting taxpayer funded abortions and providing 

for conscience protections ................................. 301’’. 

Æ 


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