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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 877 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                 S. 877

     To prevent taxpayer-funded elective abortions by applying the 
 longstanding policy of the Hyde amendment to the new health care law.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              May 4, 2011

Mr. Hatch (for himself, Mr. Coburn, Mr. McConnell, Mrs. Hutchison, Mr. 
Roberts, Mr. Rubio, Mr. Blunt, Ms. Ayotte, Mr. Wicker, Mr. Isakson, Mr. 
Vitter, Mr. Chambliss, Mr. Barrasso, Mr. Boozman, Mr. Burr, Mr. Thune, 
Mr. Risch, Mr. Inhofe, Mr. Moran, Mr. Grassley, Mr. Crapo, Mr. Johanns, 
Mr. Hoeven, Mr. Shelby, Mr. Coats, Mr. Corker, Mr. Paul, Mr. Johnson of 
 Wisconsin, Mr. McCain, Mr. Lee, and Mr. Kyl) introduced the following 
  bill; which was read twice and referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL

 
     To prevent taxpayer-funded elective abortions by applying the 
 longstanding policy of the Hyde amendment to the new health care law.

    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, is amended--
            (1) by redesignating subsections (c) and (d) as subsections 
        (e) and (f), respectively;
            (2) by redesignating paragraph (4) of subsection (b) as 
        subsection (d) and transferring such subsection (d) after the 
        subsection (c) inserted by paragraph (4) of this subsection 
        with appropriate indentation;
            (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 
abortion services.'';
            (4) by inserting after subsection (b) the following new 
        subsection:
    ``(c) Limitation on Abortion Funding.--
            ``(1) In general.--No funds authorized or appropriated by 
        this Act (or an amendment made by this Act), including credits 
        applied toward qualified health plans under section 36B of the 
        Internal Revenue Code of 1986 or cost-sharing reductions under 
        section 1402 of this Act, may be used to pay for any abortion 
        or to cover any part of the costs of any health plan that 
        includes coverage of abortion, except--
                    ``(A) if the pregnancy is the result of an act of 
                rape or incest; or
                    ``(B) in the case where a pregnant female suffers 
                from a physical disorder, physical injury, or physical 
                illness that would, as certified by a physician, place 
                the female in danger of death unless an abortion is 
                performed, including a life-endangering physical 
                condition caused by or arising from the pregnancy 
                itself.
            ``(2) Option to purchase separate coverage or plan.--
        Nothing in this subsection shall be construed as prohibiting 
        any non-Federal entity (including an individual or a State or 
        local government) from purchasing separate coverage for 
        abortions for which funding is prohibited under this 
        subsection, or a qualified health plan that includes such 
        abortions, so long as--
                    ``(A) such coverage or plan is paid for entirely 
                using only funds not authorized or appropriated by this 
                Act; and
                    ``(B) such coverage or plan is not purchased 
                using--
                            ``(i) individual premium payments required 
                        for a qualified health plan offered through an 
                        Exchange towards which a credit is applied 
                        under section 36B of the Internal Revenue Code 
                        of 1986; or
                            ``(ii) other non-Federal funds required to 
                        receive a Federal payment, including a State's 
                        or locality's contribution of Medicaid matching 
                        funds.
            ``(3) Option to offer coverage or plan.--Nothing in this 
        subsection or section 1311(d)(2)(B)(i) shall restrict any non-
        Federal health insurance issuer offering a qualified health 
        plan from offering separate coverage for abortions for which 
        funding is prohibited under this subsection, or a qualified 
        health plan that includes such abortions, so long as--
                    ``(A) premiums for such separate coverage or plan 
                are paid for entirely with funds not authorized or 
                appropriated by this Act;
                    ``(B) administrative costs and all services offered 
                through such coverage or plan are paid for using only 
                premiums collected for such coverage or plan; and
                    ``(C) any such non-Federal health insurance issuer 
                that offers a qualified health plan through an Exchange 
                that includes coverage for abortions for which funding 
                is prohibited under this subsection also offers a 
                qualified health plan through the Exchange that is 
                identical in every respect except that it does not 
                cover abortions for which funding is prohibited under 
                this subsection.'';
            (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'';
                    (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 establishing''; and
                    (D) in paragraph (2)(A), by striking ``Nothing'' 
                and inserting ``Subject to subsection (g), nothing'';
            (6) in subsection (f), as redesignated by paragraph (1), by 
        striking ``Nothing'' and inserting ``Subject to subsection (g), 
        nothing''; and
            (7) 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 training;
                    ``(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.
            ``(3) Remedies.--
                    ``(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 subsection; or
                            ``(ii) the Attorney General of the United 
                        States.
            ``(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) Conforming Amendment.--Section 1334(a)(6) of such Act is 
amended to read as follows:
            ``(6) Coverage consistent with federal policy.--In entering 
        into contracts under this subsection, the Director shall ensure 
        that no multi-State qualified health plan offered in an 
        Exchange provides coverage for abortions for which funding is 
        prohibited under subsection 1303(c) of this Act.''.
                                 <all>
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