II 

113TH CONGRESS 

1ST SESSION S. 137 

To amend the Public Health Service Act to prohibit certain abortion-related 

discrimination in governmental activities. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 24 (legislative day, JANUARY 3), 2013 

Mr. VITTER (for himself, Mr. COATS, Mr. BOOZMAN, Mr. RISCH, Mr. ENZI, 

Mr. COBURN, Mr. CHAMBLISS, and Mr. JOHANNS) introduced the following bill; which was read twice and referred to the Committee on 

Health, Education, Labor, and Pensions 

A BILL 

To amend the Public Health Service Act to prohibit certain 

abortion-related discrimination in governmental activities. 

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 ‘‘Abortion Non-Dis5 crimination Act of 2013’’. 

6 SEC. 2. ABORTION NON-DISCRIMINATION. 

7 Section 245 of the Public Health Service Act (42 

8 U.S.C. 238n) is amended— 


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1 (1) in the section heading, by striking ‘‘AND LI2 CENSING OF PHYSICIANS’’ and inserting ‘‘, LICENS3 ING, AND PRACTICE OF PHYSICIANS AND OTHER

4 HEALTH CARE ENTITIES’’; 

5 (2) in subsection (a), by amending paragraph 

6 (1) to read as follows: 

7 ‘‘(1) the entity refuses— 

8 ‘‘(A) to undergo training in the perform9 ance of induced abortions; 

10 ‘‘(B) to require or provide such training; 

11 ‘‘(C) to perform, participate in, provide 

12 coverage of, or pay for induced abortions; or 

13 ‘‘(D) to provide referrals for such training 

14 or such abortions;’’; 

15 (3) in subsection (b), by striking ‘‘an accredita16 tion standards that requires’’ and inserting ‘‘an ac17 creditation standard that requires’’; 

18 (4) in subsection (c), by amending paragraphs 

19 (1) and (2) to read as follows: 

20 ‘‘(1) The term ‘financial assistance’, with re21 spect to a government program, means governmental 

22 payments to cover the cost of health care services or 

23 benefits, or other Federal payments, grants, or loans 

24 to promote or otherwise facilitate health-related ac25 tivities. 


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1 ‘‘(2) The term ‘health care entity’ includes an 

2 individual physician or other health professional, a 

3 postgraduate physician training program, a partici4 pant in a program of training in the health profes5 sions, a hospital, a provider sponsored organization, 

6 a health maintenance organization, an accountable 

7 care organization, a health insurance plan, or any 

8 other kind of health care facility, organization, or 

9 plan.’’; 

10 (5) in subsection (c), by adding a new para11 graph (4) as follows: 

12 ‘‘(4) The term ‘State or local government that 

13 receives Federal financial assistance’ includes any 

14 agency or other governmental unit of a State or 

15 local government that receives Federal financial as16 sistance.’’. 

17 (6) by redesignating subsection (c) as sub18 section (e); and 

19 (7) by inserting after subsection (b) the fol20 lowing: 

21 ‘‘(c) REMEDIES.— 

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

23 States shall have jurisdiction to prevent and redress 

24 actual or threatened violations of this section by 


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1 issuing any form of legal or equitable relief, includ2 ing— 

3 ‘‘(A) injunctions prohibiting conduct that 

4 violates this section; and 

5 ‘‘(B) orders preventing the disbursement of 

6 all or a portion of Federal financial assistance 

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

8 offending agency or program of a State or local 

9 government, until such time as the conduct pro10 hibited by this section has ceased. 

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

12 under this section may be instituted by— 

13 ‘‘(A) any health care entity that has stand14 ing to complain of an actual or threatened vio15 lation of this section; or 

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

17 States. 

18 ‘‘(d) ADMINISTRATION.—The Secretary shall des19 ignate the Director of the Office for Civil Rights of the 

20 Department of Health and Human Services— 

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

22 this section; and 

23 ‘‘(2) to pursue the investigation of such com24 plaints, in coordination with the Attorney General.’’. 

Æ 


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