[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 2092 Introduced in Senate (IS)]

112th CONGRESS
  2d Session
                                S. 2092

   To amend title XXVII of the Public Health Service Act to provide 
       conscience protections for individuals and organizations.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            February 9, 2012

Mr. Manchin (for himself and Mr. Rubio) introduced the following bill; 
     which was read twice and referred to the Committee on Health, 
                     Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
   To amend title XXVII of the Public Health Service Act to provide 
       conscience protections for individuals and organizations.

    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 ``Religious Freedom Protection Act of 
2012''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) religious freedom and liberty of conscience are 
        inalienable rights enshrined in the Declaration of Independence 
        and the First Amendment to the United States Constitution;
            (2) on August 1, 2011, the Department of Health and Human 
        Services issued a mandate requiring individual and group health 
        plans to cover sterilization and all Food and Drug 
        Administration approved contraceptives, including drugs that 
        could be used to induce abortions;
            (3) the mandate's exemption for ``religious employers'' is 
        unprecedented in Federal law and excludes thousands of 
        religious organizations, including religiously affiliated 
        charities, health care providers, and schools; and
            (4) despite receiving thousands of comments protesting the 
        extremely narrow exemption, the Department of Health and Human 
        Services nonetheless announced on January 20, 2012, that it 
        would not broaden the exemption but would instead give 
        religious institutions an additional year to ``adapt'' their 
        consciences to the mandate.

SEC. 3. AMENDMENT TO THE PUBLIC HEALTH SERVICE ACT.

    (a) In General.--Section 2713 of the Public Health Service Act (42 
U.S.C. 300gg-13) is amended by adding at the end the following:
    ``(d) Conscience Protections.--
            ``(1) In general.--No guideline, regulation, or other 
        requirement issued by any Federal, State, or local government 
        pursuant to subsection (a)(4), or any other provision of the 
        Patient Protection and Affordable Care Act (Public Law 111-148) 
        or the Health Care and Education Reconciliation Act of 2010 
        (Public Law 111-152), or the amendments made by those Acts, 
        shall--
                    ``(A) require any individual or entity to offer, 
                provide, or purchase health insurance coverage for a 
                contraceptive or sterilization service, or related 
                education or counseling, to which that individual or 
                entity is opposed on the basis of religious belief or 
                moral conviction;
                    ``(B) require any individual or entity that is 
                opposed on the basis of religious belief or moral 
                conviction to providing health insurance coverage of a 
                contraceptive or sterilization service to engage in 
                government-mandated speech regarding such a service; or
                    ``(C) prohibit any group health plan or health 
                insurance issuer from offering or providing individual 
                or group health insurance coverage that excludes 
                coverage for a contraceptive or sterilization service, 
                or related education or counseling, which the 
                individual or entity purchasing the plan or coverage 
                opposes on the basis of religious belief or moral 
                conviction.
            ``(2) Rule of construction.--Nothing in the Patient 
        Protection and Affordable Care Act (Public Law 111-148) or the 
        Health Care and Education Reconciliation Act of 2010 (Public 
        Law 111-152), or the amendments made by those Acts, and no 
        regulations, guidelines, or other requirement issued under such 
        Acts (or amendments) shall be construed to authorize the 
        imposition of a fine, penalty, or other sanction, or to 
        otherwise disadvantage any individual or entity on the basis of 
        a religiously based or morally based decision not to offer, 
        provide, or purchase health insurance coverage for a 
        contraceptive or sterilization service, or to engage in 
        government mandated speech regarding such services.
            ``(3) Private right of action.--The protections of 
        conscience contained in this subsection constitute the 
        protection of individual rights and create a private cause of 
        action for those individuals or entities protected. Any such 
        individual or entity may assert a violation of this subsection 
        as a claim or defense in a judicial proceeding.
            ``(4) Remedies.--
                    ``(A) Federal jurisdiction.--The Federal courts 
                shall have jurisdiction to prevent and redress actual 
                or threatened violations of this subsection by granting 
                all forms of legal or equitable relief, including, but 
                not limited to, injunctive relief, declaratory relief, 
                damages, costs, and attorney fees.
                    ``(B) Initiating party.--An action under this 
                subsection may be instituted by the Attorney General of 
                the United States, or by any person or entity having 
                standing to complain of a threatened or actual 
                violation of this subsection, including, but not 
                limited to, any actual or prospective plan sponsor, 
                issuer, or other entity offering a plan, any actual or 
                prospective purchaser or beneficiary of a plan, and any 
                individual or institutional health care provider.
                    ``(C) Interim relief.--Pending final determination 
                of any action under this subsection, the court may at 
                any time enter such restraining order or prohibitions, 
                or take such other actions, as it deems necessary.
            ``(5) Administration.--The Office for Civil Rights of the 
        Department of Health and Human Services is designated to 
        receive complaints of discrimination based on this subsection 
        and coordinate the investigation of such complaints.
            ``(6) Definition.--For purposes of this subsection, the 
        term `entity' includes a group health plan, a health insurance 
        issuer offering group or individual health insurance coverage, 
        and an employer or other sponsor of such plan or coverage.''.
    (b) Effective Date.--The amendment made by subsection (a) shall be 
effective as if included in the enactment of Public Law 111-148.
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