H.R. 358House112th Congress (2011-2013)Passed House

Protect Life Act

Introduced January 20, 2011

Legislative Activity

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26 earlier actions
SenateIntro Referral Latest Action

Received in the Senate and Read twice and referred to the Committee on Finance.

October 17, 2011

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HouseIntro Referral

Introduced in House

January 20, 2011

HouseIntro Referral

Referred to the House Committee on Energy and Commerce.

January 20, 2011

HouseCommittee

Referred to the Subcommittee on Health.

February 1, 2011

HouseCommittee

Subcommittee Consideration and Mark-up Session Held.

February 11, 2011

HouseCommittee

Subcommittee on Health Discharged.

February 11, 2011

HouseCommittee

Ordered to be Reported (Amended) by the Yeas and Nays: 14 - 9.

February 11, 2011

HouseCommittee

Reported (Amended) by the Committee on Energy and Commerce. H. Rept. 112-40, Part I.

March 17, 2011

HouseIntro Referral

Referred sequentially to the House Committee on Ways and Means for a period ending not later than April 15, 2011 for consideration of such provisions of the bill and amendment as fall within the jurisdiction of that committee pursuant to clause 1(t), rule X.

March 17, 2011

HouseIntro Referral

House Committee on Ways and Means Granted an extension for further consideration ending not later than May 20, 2011.

April 15, 2011

HouseIntro Referral

House Committee on Ways and Means Granted an extension for further consideration ending not later than Sept. 9, 2011.

May 20, 2011

HouseIntro Referral

House Committee on Ways and Means Granted an extension for further consideration ending not later than Sept. 12, 2011.

September 9, 2011

HouseCommittee

Committee on Ways and Means discharged.

September 12, 2011

HouseCalendars

Placed on the Union Calendar, Calendar No. 133.

September 12, 2011

HouseFloor

Rules Committee Resolution H. Res. 430 Reported to House. Rule provides for consideration of H.R. 358 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Bill is closed to amendments. The resolution provides that the amendment in the nature of a substitute recommended by the Committee on Energy and Commerce now printed in the bill shall be considered as adopted.

October 12, 2011 • 1:40 PM

HouseFloor

Rule H. Res. 430 passed House.

October 13, 2011 • 2:06 PM

HouseFloor

Considered under the provisions of rule H. Res. 430. (consideration: CR H6885-6903)

October 13, 2011 • 5:20 PM

HouseFloor

Rule provides for consideration of H.R. 358 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Bill is closed to amendments. The resolution provides that the amendment in the nature of a substitute recommended by the Committee on Energy and Commerce now printed in the bill shall be considered as adopted.

October 13, 2011 • 5:20 PM

HouseFloor

DEBATE - The House proceeded with one hour of debate on H.R. 358.

October 13, 2011 • 5:20 PM

HouseFloor

The previous question was ordered pursuant to the rule. (consideration: CR H6901)

October 13, 2011 • 6:39 PM

HouseFloor

Mrs. Capps moved to recommit with instructions to Energy and Commerce. (consideration: CR H6901-6903; text: CR H6901)

October 13, 2011 • 6:39 PM

HouseFloor

DEBATE - The House proceeded with 10 minutes of debate on the Capps motion to recommit with instructions. The instructions in the motion seek to report the same to the House with an amendment to add language stating that no hospital or health care provider can be exempted from any Federal or State law that requires them to provide any medical examination, treatment, referral, or transfer to prevent the death of a pregnant woman with an emergency medical condition.

October 13, 2011 • 6:40 PM

HouseFloor

The previous question on the motion to recommit with instructions was ordered without objection. (consideration: CR H6903)

October 13, 2011 • 6:47 PM

HouseFloor

On motion to recommit with instructions Failed by the Yeas and Nays: 173 - 249 (Roll no. 788).

October 13, 2011 • 7:12 PM

HouseFloor

Passed/agreed to in House: On passage Passed by recorded vote: 251 - 172 (Roll no. 789).(text: CR H6886)

October 13, 2011 • 7:18 PM

HouseFloor

On passage Passed by recorded vote: 251 - 172 (Roll no. 789). (text: CR H6886)

October 13, 2011 • 7:18 PM

HouseFloor

Motion to reconsider laid on the table Agreed to without objection.

October 13, 2011 • 7:18 PM

SenateIntro Referral

Received in the Senate and Read twice and referred to the Committee on Finance.

October 17, 2011

Floor Debate

22 members

What members said about H.R. 358 on the floor

11 Republicans11 Democrats
Virginia Foxx
Rep. Virginia FoxxR-NC-5 · Oct 13, 2011

Madam Speaker, by direction of the Committee on Rules, I call up House Resolution 430 and ask for its immediate consideration. Madam Speaker, I claim time in opposition to the point of order and in…

Steny H. Hoyer
Rep. Steny H. HoyerD-MD-5 · Oct 6, 2011

Mr. Speaker, I yield to the gentleman from Virginia, the majority leader, for the purpose of inquiring as to the schedule for the week to come. I thank the gentleman for his information. Before I…

Eric Cantor
Rep. Eric CantorR-VA-7 · Oct 6, 2011

I thank the gentleman from Maryland, the Democratic whip, for yielding. Mr. Speaker, on Monday, the House is not in session in observation of the Columbus Day holiday. On Tuesday, the House will meet…

Alcee L. Hastings
Rep. Alcee L. HastingsD-FL-23 · Oct 13, 2011

I yield myself such time as I may consume. Madam Speaker, the Protect Life Act amends the Patient Protection and Affordable Care Act to prohibit Federal funds from being used to pay for abortion…

Joseph R. Pitts
Rep. Joseph R. PittsR-PA-16 · Oct 13, 2011

Madam Speaker, I ask unanimous consent that all Members may have 5 legislative days to revise and extend their remarks on H.R. 358 and to insert extraneous material on the bill. Madam Speaker,…

Show 8 more
Frank Pallone, Jr.
Rep. Frank Pallone, Jr.D-NJ-6 · Oct 13, 2011

Madam Speaker, I yield myself such time as I may consume. I rise in strong opposition to H.R. 358, legislation that infringes upon a woman's right to choose. This bill is unnecessary, divisive, and…

Nancy Pelosi
Rep. Nancy PelosiD-CA-8 · Oct 13, 2011

Madam Speaker, I thank the gentleman for yielding and for giving me this opportunity. As a mother of five children, when I brought my baby, my youngest baby, number five home from the hospital, that…

F. James Sensenbrenner, Jr.
Rep. F. James Sensenbrenner, Jr.R-WI-5 · Oct 13, 2011

Madam Speaker, I thank the gentlewoman from North Carolina for yielding me this time. I have listened very carefully to the arguments that have been advanced by the speakers on the other side--my…

Gwen Moore
Rep. Gwen MooreD-WI-4 · Oct 13, 2011

Mr. Speaker, I rise today to state my strident opposition to H.R. 358, proposed by our colleague, Representative Pitts, which we will be considering later on today. H.R. 358 includes several truly…

Steny H. Hoyer
Rep. Steny H. HoyerD-MD-5 · Oct 13, 2011

I thank the gentleman from New Jersey for yielding, and I thank him for his leadership. I rise in opposition to this bill, the so-called Protect Life Act. First of all, over and over again we repeat…

Gwen Moore
Rep. Gwen MooreD-WI-4 · Oct 13, 2011

Madam Speaker, I raise a point of order that the rule, H. Res. 430, violates section 426(a) of the Congressional Budget Act. The resolution contains a waiver of all points of order against…

Henry A. Waxman
Rep. Henry A. WaxmanD-CA-30 · Oct 13, 2011

Madam Speaker and Members of the Congress of the United States, this bill is an absolute disgrace. With all the problems we have in this country--economic crisis, poverty levels at the highest we've…

Andy Harris
Rep. Andy HarrisR-MD-1 · Oct 13, 2011

Much has been said on the floor about perhaps taking time out from a jobs agenda to pass the bill. The fact of the matter is this bill corrects a problem with the bill that shouldn't have been…

Show 11 more
Janice D. Schakowsky
Rep. Janice D. SchakowskyD-IL-9 · Oct 13, 2011

I thank my friend, the gentlewoman, for yielding to me. I rise in support of her point of order. The American people are begging us to work together to create jobs to bolster the economy. Instead,…

Bill Cassidy
Rep. Bill CassidyR-LA-6 · Oct 13, 2011

Madam Speaker, if anyone is concerned about our jobs program, go to gop.gov.jobs. That's all the bills we've introduced so far that we have passed--most of the time you have not participated, but…

Jackie Speier
Rep. Jackie SpeierD-CA-12 · Oct 13, 2011

I thank the gentlelady from Wisconsin. Madam Speaker, I think this bill goes to the farthest extreme in trying to take women down not just a peg but take them in shackles to some cave somewhere.…

Scott Garrett
Rep. Scott GarrettR-NJ-5 · Oct 13, 2011

I thank the gentlelady for yielding. I rise in support of H.R. 358, the Protect Life Act. Doesn't that name really say it all, the ``Protect Life Act''? Historically, the Federal funding of abortion…

Christopher H. Smith
Rep. Christopher H. SmithR-NJ-4 · Oct 13, 2011

I thank my good friend for yielding. Madam Speaker, the Protect Life Act offered by Chairman Joe Pitts and Dan Lipinski ensures that all the elements of the Hyde amendment apply to all the programs…

Alan Nunnelee
Rep. Alan NunneleeR-MS-1 · Oct 13, 2011

I thank the gentlelady from North Carolina for yielding. Madam Speaker, I rise in support of H.R. 358, the Protect Life Act, which would prohibit Federal funding for abortions and would end abortion…

Donna F. Edwards
Rep. Donna F. EdwardsD-MD-4 · Oct 13, 2011

I ask unanimous consent to revise and extend my remarks in opposition to this bill that doesn't create jobs but strips women of appropriate reproductive health care services. Madam Speaker, with 21…

Kevin Brady
Rep. Kevin BradyR-TX-8 · Oct 13, 2011

Madam Speaker, as a cosponsor and the proud parent of two young boys--adopted young boys--whose family exists only because two women in two difficult situations in two different States chose life and…

Eliot L. Engel
Rep. Eliot L. EngelD-NY-17 · Oct 13, 2011

Madam Speaker, I rise today in strong opposition--and I must say honest bafflement--to this so-called ``Protect Life Act.'' I'm baffled because it truly stretches the limits of the rational mind to…

Diane Black
Rep. Diane BlackR-TN-6 · Oct 13, 2011

I thank the gentleman from Pennsylvania for yielding. For over 30 years, the Hyde amendment, in conjunction with a patchwork of other policies, has regulated the Federal funding of abortions under…

Jerrold Nadler
Rep. Jerrold NadlerD-NY-8 · Oct 13, 2011

Madam Speaker, this bill seeks to undo women's constitutional rights under the guise of being about government funding for abortion. The law, unfortunately, already forbids Federal funds from paying…

Bill Text

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Latest
Referred in SenateIssued October 17, 2011

IIB

112th CONGRESS

1st Session

H. R. 358

IN THE SENATE OF THE UNITED STATES

October 17, 2011

Received; read twice and referred to the Committee on Finance

AN ACT

To amend the Patient Protection and Affordable Care Act to modify special rules relating to coverage of abortion services under such Act.

1.

Short title

This Act may be cited as the Protect Life Act.

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 (and conforming the style of the heading to a subsection heading);

(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, by striking regarding abortion;

(B)

in the heading of each of paragraphs (1) and (2), by striking 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 section 1303(c) of this Act.

.

Passed the House of Representatives October 13, 2011.

Karen L. Haas,

Clerk