[Congressional Record Volume 151, Number 148 (Wednesday, November 9, 2005)]
[Senate]
[Pages S12614-S12615]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. SANTORUM (for himself, Mr. Nelson of Nebraska, Mr. Inhofe, 
        Mr. DeMint, Mr. DeWine, Mr. Hagel, Mr. Coburn, Mr. Gregg, Mr. 
        Brownback, Mr. Ensign, Mr. Martinez, Mr. Kyl, Mr. Vitter, and 
        Mr. Burr):
  S. 1983. A bill to prohibit certain abortion-related discrimination 
in governmental activities; to the Committee on Health, Education, 
Labor, and Pensions.
  Mr. SANTORUM. Mr. President, I rise today to introduce the Abortion

[[Page S12615]]

Non-Discrimination Act of 2005. I am pleased to be joined in this 
effort by Senators Ben Nelson, Inhofe, DeMint, DeWine, Hagel, Coburn, 
Gregg, Brownback, Ensign, Martinez, Kyl, Vitter, and Burr.
  Abortion has been, and continues to be, one of the most divisive 
social issues in our Nation. I realize that there are people of good 
will on both sides of this issue, people who working for the best 
interests of women, children and families. Despite the great 
disagreements, there are points of this debate where the vast majority 
of Americans agree, for example the Partial-Birth Abortion Ban Act, the 
Unborn Victims of Violence Act, and the Born-Alive Infants Protection 
Act. The bill I introduce today is one of these areas of common ground. 
However one may feel about abortion, surely we can agree on the 
principle that no one should be forced to participate in an abortion in 
violation of one's conscience.
  We should all agree that no person or entity should be forced, 
against their will or conscience, to provide, refer for, or pay for an 
abortion. No entity should be forced to choose between being involved 
in an abortion or losing its funding, its certification, or its ability 
to exist as a hospital. Healthcare entities including physicians, other 
health professionals, hospitals, provider-sponsored organizations, 
health maintenance organizations, and health insurance plans should not 
be coerced into providing abortion services, and they certainly should 
not be discriminated against because of their objections to providing 
or paying for abortions.
  Current law, as has been interpreted by some courts, only provides 
protection for individual physicians, postgraduate physician training 
programs, and participants in health professions training. This narrow 
interpretation excludes from protection those who deserve it. The 
Abortion Non-Discrimination Act of 2005 directly addresses these 
concerns by clarifying and strengthening existing law. This legislation 
makes clear that other health professionals, hospitals, health 
insurance plans, and any other kind of health care facility, 
organization, or plan cannot be forced to perform, provide coverage of, 
or pay for an abortion when it conflicts with their conscience. These 
individuals and organizations deserve the freedom to follow their 
conscience in protecting innocent life. They should not be forced to 
suffer financial consequences for their choice not to participate in an 
abortion.
  I am thankful for the Hyde-Weldon conscience protection language that 
was included in the Consolidated Appropriations Act of 2005, but I 
believe it is appropriate to codify such conscience protection in 
Federal law. I am hopeful the Senate will act to pass the Abortion Non-
Discrimination Act during this Congress.
  I ask unanimous consent that the text of this legislation be printed 
in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1983

       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 2005''.

     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)(1), by striking ``to perform such 
     abortions'' and inserting ``to perform, provide coverage of, 
     or pay for induced abortions''; and
       (3) in subsection (c)--
       (A) in paragraph (1), by striking ``includes'' and 
     inserting ``means''; and
       (B) in paragraph (2)--
       (i) by inserting ``or other health professional,'' after 
     ``an individual physician'';
       (ii) by striking ``and a participant'' and inserting ``a 
     participant''; and
       (iii) by inserting before the period the following: ``, 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''.
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