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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1484 Introduced in Senate (IS)]

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.

    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 ``Hyde and Related Amendments 
Codification Act''.

SEC. 2. PROHIBITING TAXPAYER FUNDED ABORTIONS AND PROVIDING FOR 
              CONSCIENCE PROTECTIONS.

    (a) In General.--Title 1, United States Code is amended by adding 
at the end the following new chapter:

 ``CHAPTER 4--PROHIBITING TAXPAYER FUNDED ABORTIONS AND PROVIDING 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.
``Sec. 301. Prohibition on funding for abortions
    ``No funds authorized or appropriated by Federal law, and none of 
the funds in any trust fund to which funds are authorized or 
appropriated by Federal law, shall be expended for any abortion.
``Sec. 302. Prohibition on funding for health benefits plans that cover 
              abortion
    ``None of the funds authorized or appropriated by Federal law, and 
none of the funds in any trust fund to which funds are authorized or 
appropriated by Federal law, shall be expended for health benefits 
coverage that includes coverage of abortion.
``Sec. 303. Limitation on Federal facilities and employees
    ``No health care service furnished--
            ``(1) by or in a health care facility owned or operated by 
        the Federal Government; or
            ``(2) by any physician or other individual employed by the 
        Federal Government to provide health care services within the 
        scope of the physician's or individual's employment,
may include abortion.
``Sec. 304. Construction relating to separate coverage
    ``Nothing in this chapter shall be construed as prohibiting any 
individual, entity, or State or locality from purchasing separate 
abortion coverage or health benefits coverage that includes abortion so 
long as such coverage is paid for entirely using only funds not 
authorized or appropriated by Federal law and such coverage shall not 
be purchased using matching funds required for a federally subsidized 
program, including a State's or locality's contribution of Medicaid 
matching funds.
``Sec. 305. Construction relating to the use of non-Federal funds for 
              health coverage
    ``Nothing in this chapter shall be construed as restricting the 
ability of any non-Federal health benefits coverage provider from 
offering abortion coverage, or the ability of a State or locality to 
contract separately with such a provider for such coverage, so long as 
only funds not authorized or appropriated by Federal law are used and 
such coverage shall not be purchased using matching funds required for 
a federally subsidized program, including a State's or locality's 
contribution of Medicaid matching funds.
``Sec. 306. Non-preemption of other Federal laws
    ``Nothing in this chapter shall repeal, amend, or have any effect 
on any other Federal law to the extent such law imposes any limitation 
on the use of funds for abortion or for health benefits coverage that 
includes coverage of abortion, beyond the limitations set forth in this 
chapter.    
``Sec. 307. Construction relating to complications arising from 
              abortion
    ``Nothing in this chapter shall be construed to apply to the 
treatment of any infection, injury, disease, or disorder that has been 
caused by or exacerbated by the performance of an abortion. This rule 
of construction shall be applicable without regard to whether the 
abortion was performed in accord with Federal or State law, and without 
regard to whether funding for the abortion is permissible under section 
308.
``Sec. 308. Treatment of abortions related to rape, incest, or 
              preserving the life of the mother
    ``The limitations established in sections 301, 302, and 303 shall 
not apply to an abortion--
            ``(1) if the pregnancy is the result of an act of rape or 
        incest; or
            ``(2) in the case where a woman suffers from a physical 
        disorder, physical injury, or physical illness that would, as 
        certified by a physician, place the woman in danger of death 
        unless an abortion is performed, including a life-endangering 
        physical condition caused by or arising from the pregnancy 
        itself.
``Sec. 309. Application to District of Columbia
    ``In this chapter:
            ``(1) Any reference to funds appropriated by Federal law 
        shall be treated as including any amounts within the budget of 
        the District of Columbia that have been approved by Act of 
        Congress pursuant to section 446 of the District of Columbia 
        Home Rule Act (or any applicable successor Federal law).
            ``(2) The term `Federal Government' includes the government 
        of the District of Columbia.
``Sec. 310. No government discrimination against certain health care 
              entities
    ``(a) Nondiscrimination.--A Federal agency or program, and any 
State or local government that receives Federal financial assistance 
(either directly or indirectly), may not subject any individual or 
institutional health care entity to discrimination on the basis that 
the health care entity does not provide, pay for, provide coverage of, 
or refer for abortions.
    ``(b) Health Care Entity Defined.--For purposes of this section, 
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.
    ``(c) Remedies.--
            ``(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 section; and
                    ``(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 
        subsection 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 of Health and Human Services 
shall designate the Director of the Office for Civil Rights of the 
Department of Health and Human Services--
            ``(1) to receive complaints alleging a violation of this 
        section;
            ``(2) subject to paragraph (3), to pursue the investigation 
        of such complaints in coordination with the Attorney General; 
        and
            ``(3) in the case of a complaint related to a Federal 
        agency (other than with respect to the Department of Health and 
        Human Services) or program administered through such other 
        agency or any State or local government receiving Federal 
        financial assistance through such other agency, to refer the 
        complaint to the appropriate office of such other agency.''.
    (b) Amendment to Table of Chapters.--The table of chapters for 
title 1, United States Code, is amended by adding at the end the 
following new item:

``4. Prohibiting taxpayer funded abortions and providing for     301''.
                            conscience protections.
                                 <all>
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