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Protection of Conscience Project

www.consciencelaws.org

Service, not Servitude
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U.S. House of Representatives

Bill HR 3 (2011)

No Taxpayer Funding for Abortion Act

Introduction
This bill was introduced on 20 January, 2011 and passed by the House on 4 May, 2011. This extract from the full text of the bill is the protection of conscience provision.

112th CONGRESS
1st Session

IN THE HOUSE OF REPRESENTATIVES

A BILL

To prohibit taxpayer funded abortions and to provide for conscience protections and 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 "No Taxpayer Funding for Abortion Act."

Section 2. Prohibiting Taxpayer Funded Abortion and Providing for Conscience Protections

Title 1 of the 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

(Sections 301 to 310 concern abortion funding. See full text of the bill.)

Section 311. 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 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 assist
ance through such other agency, to refer the complaint to the appropriate office of such other agency.

 

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