1. ABORTIONS: ANTI-COERCION PROVISIONS Section 401 Of The Health Programs Extension Act Of 1973 As Amended By Section 214 Of Public Law 93-348 TITLE IV—MISCELLANEOUS MISCELLANEOUS Sec. 401. (a) * * * (b) The receipt of any grant, contract, loan, or loan guarantee under the Public Health Service Act, the Community Mental Health Centers Act, or the Development Disabilities Services and Facilities Construction Act by any individual or entity does not authorize any court or any public official or other public authority to require— (1) such individual to perform or assist in the performance of any sterilization procedure or abortion if his performance or assistance in the performance of such procedure or abortion would be contrary to his religious beliefs or moral convictions; or (2) such entity to— (A) make its facilities available for the performance of any sterilization procedure or abortion if the performance of such procedure or abortion in such facilities is prohibited by the entity on the basis of religious beliefs or moral convictions, or (B) provide any personnel for the performance or assistance in the performance of any sterilization procedure or abortion if the performance or assistance in the performance of such procedure or abortion by such personnel would be contrary to the religious beliefs or moral convictions of such personnel. (c)(1) No entity which receives a grant, contract, loan, or loan guarantee under the Public Health Service Act, the Community Mental Health Centers Act, or the Developmental Disabilities Services and Facilities Construction Act after the date of enactment of this Act may— (A) discriminate in the employment, promotion, or termination of employment of any physician or other health care personnel, or (B) discriminate in the extension of staff or other privileges to any physician or other health care personnel, because he performed or assisted in the performance of a lawful sterilization procedure or abortion, because he refused to perform or assist in the performance of such a procedure or abortion on the grounds that his performance or assistance in the performance of the procedure or abortion would be contrary to his religious beliefs or moral convictions, or because of his religious beliefs or moral convictions respecting sterilization procedures or abortions. 40-257 O - 79 - 4 (2) No entity which receives after the date of enactment of this paragraph a grant or contract for biomedical or behavorial research under any program administered by the Secretary of Health, Education, and Welfare may— (A) discriminate in the employment, promotion, or termination of employment of any physician or other health care personnel, or (B) discriminate in the extension of staff or other privileges to any physician or other health care personnel, because he performed or assisted in the performance of any lawful health service or research activity, because he refused to perform or assist in the performance of any such service or activity on the grounds that his performance or assistance in the performance of such service or activity would be contrary to his religious beliefs or moral convictions, or because of his religious beliefs or moral convictions respecting any such service or activity. (d) No individual shall be required to perform or assist in the performance of any part of a health service program or research activity funded in whole or in part under a program administered by the Secretary of Health, Education, and Welfare if his performance or assistance in the performance of such part of such program or activity would be contrary to his religious beliefs or moral convictions. Legislative History Of Public Law 93-45 House Report No. 93-227 accompanying H.R. 7806 (Committee on Interstate and Foreign Commerce). Senate Report No. 93-87 (Committee on Labor and Public Welfare). Mar. 13, 27, considered and passed Senate. May 31, considered and passed House, amended, in lieu of H.R. 7806. June 5, Senate concurred in House amendments. Legislative History Of Public Law 93-348 House Reports: No. 93-224 (Committee on Interstate and Foreign Commerce) and No. 93-1148 (Committee of Conference). Senate Report No. 93-381 (Committee on Labor and Public Welfare). May 31, considered and passed House. June 27, Senate agreed to conference report. Section 205 Of The Family Planning And Population Research Act Of 1975 (public Law 94-63) Sec. 205. Any— (1) officer or employee of the United States, (2) officer or employee of any State, political subdivision of a State, or any other entity, which administers or supervises the administration of any program receiving Federal financial assistance, or (3) person who receives, under any program receiving Federal financial assistance, compensation for services, who coerces or endeavors to coerce any person to undergo an abortion or sterilization procedure by threatening such person with the loss of, or disqualification for the receipt of, any benefit or service under a program receiving Federal financial assistance shall be fined not more than $1,000 or imprisoned for not more than one year, or both. Legislative History House Reports: No. 94-137 accompanying H.R. 4925, No. 94-143 accompanying H.R. 4115, and No. 94-192 accompanying H.R. 4114 (Committee on Interstate and Foreign Commerce) and No. 94-348 (Committee of Conference). Senate Report No. 94-29 (Committee on Labor and Public Welfare). Congressional Record, Vol. 121 (1975): Apr. 10, considered and passed Senate. July 14, Senate agreed to conference report. Congressional Record, Vol. 121 (1975): 2. ABORTIONS: LIMITATION ON FEDERAL FUNDING Section 210 Of The Departments Of Labor And Health, EduCation, And Welfare Appropriation Act, 1979 (public Law 95-480) Sec. 210. None of the funds provided for in this Act shall be used to perform abortions except where the life of the mother would be endangered if the fetus were carried to term; or except for such medical procedures necessary for the victims of rape or incest, when such rape or incest has been reported promptly to a law enforcement agency or public health service; or except in those instances where severe and long-lasting physical health damage to the mother would result if the pregnancy were carried to term when so determined by two physicians. Nor are payments prohibited for drugs or devices to prevent implantation of the fertilized ovum, or for medical procedures necessary for the termination of an ectopic pregnancy. Legislative History House Reports: No. 95-1248 (Comm. on Appropriations) and No. 95-1746 June 7, 8, 13, considered and passed House. Oct. 12, House agreed to conference report; concurred in certain Senate amendments, in others with amendments; insisted on disagreement to Senate amendment No. 103; Senate agreed to conference report; concurred in House amendments, receded from amendment No. 103, with an amendment. Oct. 14, House concurred in Senate amendment. |