[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 361 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 361

  To amend the Public Health Service Act to prohibit certain abortion-
           related discrimination in governmental activities.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 20, 2011

Mr. Fleming (for himself and Mr. Boren) introduced the following bill; 
       which was referred to the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
  To amend the Public Health Service Act to prohibit certain abortion-
           related discrimination in governmental activities.

    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 ``Abortion Non-Discrimination Act of 
2011''.

SEC. 2. ABORTION NON-DISCRIMINATION.

    Section 245 of the Public Health Service Act (42 U.S.C. 238n) is 
amended--
            (1) in the section heading, by striking ``and licensing of 
        physicians'' and inserting ``, licensing, and practice of 
        physicians and other health care entities'';
            (2) in subsection (a), by amending paragraph (1) to read as 
        follows:
            ``(1) the entity refuses--
                    ``(A) to undergo training in the performance of 
                induced abortions;
                    ``(B) to require or provide such training;
                    ``(C) to perform, participate in, provide coverage 
                of, or pay for induced abortions; or
                    ``(D) to provide referrals for such training or 
                such abortions;'';
            (3) in subsection (b), by striking ``an accreditation 
        standards that requires'' and inserting ``an accreditation 
        standard that requires'';
            (4) in subsection (c), by amending paragraphs (1) and (2) 
        to read as follows:
            ``(1) The term `financial assistance', with respect to a 
        government program, means governmental payments to cover the 
        cost of health care services or benefits, or other Federal 
        payments, grants, or loans to promote or otherwise facilitate 
        health-related activities.
            ``(2) The term `health care entity' includes an individual 
        physician or other health professional, a postgraduate 
        physician training program, a participant in a program of 
        training in the health professions, a hospital, a provider 
        sponsored organization, a health maintenance organization, an 
        accountable care organization, a health insurance plan, or any 
        other kind of health care facility, organization, or plan.'';
            (5) in subsection (c), by adding a new paragraph (4) as 
        follows:
            ``(4) The term `State or local government that receives 
        Federal financial assistance' includes any agency or other 
        governmental unit of a State or local government that receives 
        Federal financial assistance.''.
            (6) by redesignating subsection (c) as subsection (e); and
            (7) by inserting after subsection (b) the following:
    ``(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 section 
        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 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; and
            ``(2) to pursue the investigation of such complaints, in 
        coordination with the Attorney General.''.
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