[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3 Introduced in House (IH)]
112th CONGRESS
1st Session
H. R. 3
To prohibit taxpayer funded abortions and to provide for conscience
protections, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 20, 2011
Mr. Smith of New Jersey (for himself, Mr. Lipinski, Mr. Akin, Mr.
Alexander, Mr. Austria, Mrs. Bachmann, Mr. Bachus, Mr. Barletta, Mr.
Bartlett, Mr. Barton of Texas, Mr. Benishek, Mr. Bilirakis, Mr. Bishop
of Utah, Mrs. Blackburn, Mr. Bonner, Mr. Boustany, Mr. Brady of Texas,
Mr. Brooks, Mr. Broun of Georgia, Mr. Buchanan, Mr. Burgess, Mr. Burton
of Indiana, Mr. Canseco, Mr. Carter, Mr. Cassidy, Mr. Chabot, Mr.
Chaffetz, Mr. Coffman of Colorado, Mr. Cole, Mr. Conaway, Mr. Costello,
Mr. Cravaack, Mr. Crawford, Mr. Crenshaw, Mr. Critz, Mr. Davis of
Kentucky, Mr. DesJarlais, Mr. Diaz-Balart, Mr. Donnelly of Indiana, Mr.
Duffy, Mr. Duncan of South Carolina, Mr. Duncan of Tennessee, Mrs.
Emerson, Mr. Fitzpatrick, Mr. Flake, Mr. Fleming, Mr. Forbes, Mr.
Fortenberry, Ms. Foxx, Mr. Franks of Arizona, Mr. Gardner, Mr. Garrett,
Mr. Gerlach, Mr. Gibbs, Mr. Gingrey of Georgia, Mr. Gowdy, Ms. Granger,
Mr. Graves of Missouri, Mr. Grimm, Mr. Guthrie, Mr. Hall, Mr. Harper,
Mr. Harris, Mrs. Hartzler, Mr. Hensarling, Mr. Herger, Mr. Huelskamp,
Mr. Hunter, Mr. Hurt, Ms. Jenkins, Mr. Johnson of Illinois, Mr. Jones,
Mr. Jordan, Mr. Kelly, Mr. King of New York, Mr. King of Iowa, Mr.
Kingston, Mr. Kinzinger of Illinois, Mr. Kline, Mr. Lamborn, Mr.
Landry, Mr. Lankford, Mr. LaTourette, Mr. Latta, Mr. Lee of New York,
Mr. LoBiondo, Mr. Long, Mr. Luetkemeyer, Mr. Daniel E. Lungren of
California, Mr. Manzullo, Mr. Marchant, Mr. Marino, Mr. McCarthy of
California, Mr. McCaul, Mr. McClintock, Mr. McCotter, Mr. McHenry, Mr.
McIntyre, Mr. McKinley, Mrs. McMorris Rodgers, Mrs. Miller of Michigan,
Mr. Gary G. Miller of California, Mr. Miller of Florida, Mr. Mulvaney,
Mr. Murphy of Pennsylvania, Mr. Neugebauer, Mrs. Noem, Mr. Nunnelee,
Mr. Olson, Mr. Paul, Mr. Pence, Mr. Peterson, Mr. Pitts, Mr. Pompeo,
Mr. Posey, Mr. Price of Georgia, Mr. Rahall, Mr. Ribble, Mr. Rigell,
Mr. Roe of Tennessee, Mr. Rogers of Kentucky, Mr. Rokita, Mr. Roskam,
Ms. Ros-Lehtinen, Mr. Ross of Arkansas, Mr. Royce, Mr. Ryan of
Wisconsin, Mr. Scalise, Mr. Schilling, Mrs. Schmidt, Mr. Austin Scott
of Georgia, Mr. Scott of South Carolina, Mr. Sensenbrenner, Mr.
Shimkus, Mr. Shuler, Mr. Shuster, Mr. Simpson, Mr. Smith of Texas, Mr.
Stutzman, Mr. Sullivan, Mr. Terry, Mr. Thompson of Pennsylvania, Mr.
Turner, Mr. Westmoreland, Mr. Whitfield, Mr. Wilson of South Carolina,
Mr. Wolf, Mr. Woodall, Mr. Young of Florida, Mr. Gohmert, Mr. Wittman,
Mr. Cantor, Mr. Boren, Mr. Goodlatte, Mr. McKeon, Mr. Rogers of
Michigan, Mr. Calvert, Mrs. Ellmers, Mr. Aderholt, Mr. Tiberi, and Mr.
Sam Johnson of Texas) introduced the following bill; which was referred
to the Committee on the Judiciary, and in addition to the Committees on
Energy and Commerce and Ways and Means, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To prohibit taxpayer funded abortions and to provide for conscience
protections, and for other purposes.
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 ``No Taxpayer Funding for Abortion
Act''.
SEC. 2. PROHIBITING TAXPAYER FUNDED ABORTIONS AND PROVIDING FOR
CONSCIENCE PROTECTIONS.
Title 1 of the United States Code is amended by adding at the end
the following new chapter:
``CHAPTER 4--PROHIBITING TAXPAYER FUNDED ABORTIONS AND PROVIDING FOR
CONSCIENCE PROTECTIONS
``SEC. 301. PROHIBITION ON FUNDING FOR ABORTIONS.
``No funds authorized or appropriated by Federal law, and none of
the funds in any trust fund to which funds are authorized or
appropriated by Federal law, shall be expended for any abortion.
``SEC. 302. PROHIBITION ON FUNDING FOR HEALTH BENEFITS PLANS THAT COVER
ABORTION.
``None of the funds authorized or appropriated by Federal law, and
none of the funds in any trust fund to which funds are authorized or
appropriated by Federal law, shall be expended for health benefits
coverage that includes coverage of abortion.
``SEC. 303. PROHIBITION ON TAX BENEFITS RELATING TO ABORTION.
``For taxable years beginning after the date of the enactment of
this section--
``(1) no credit shall be allowed under the internal revenue
laws with respect to amounts paid or incurred for an abortion
or with respect to amounts paid or incurred for a health
benefits plan (including premium assistance) that includes
coverage of abortion,
``(2) for purposes of determining any deduction for
expenses paid for medical care of the taxpayer or the
taxpayer's spouse or dependents, amounts paid or incurred for
an abortion or for a health benefits plan that includes
coverage of abortion shall not be taken into account, and
``(3) in the case of any tax-preferred trust or account the
purpose of which is to pay medical expenses of the account
beneficiary, any amount paid or distributed from such an
account for an abortion shall be included in the gross income
of such beneficiary.
``SEC. 304. LIMITATION ON FEDERAL FACILITIES AND EMPLOYEES.
``No health care service furnished--
``(1) by or in a health care facility owned or operated by
the Federal Government; or
``(2) by any physician or other individual employed by the
Federal Government to provide health care services within the
scope of the physician's or individual's employment,
may include abortion.
``SEC. 305. CONSTRUCTION RELATING TO SEPARATE COVERAGE.
``Nothing in this chapter shall be construed as prohibiting any
individual, entity, or State or locality from purchasing separate
abortion coverage or health benefits coverage that includes abortion so
long as such coverage is paid for entirely using only funds not
authorized or appropriated by Federal law and such coverage shall not
be purchased using matching funds required for a federally subsidized
program, including a State's or locality's contribution of Medicaid
matching funds.
``SEC. 306. CONSTRUCTION RELATING TO THE USE OF NON-FEDERAL FUNDS FOR
HEALTH COVERAGE.
``Nothing in this chapter shall be construed as restricting the
ability of any non-Federal health benefits coverage provider from
offering abortion coverage, or the ability of a State or locality to
contract separately with such a provider for such coverage, so long as
only funds not authorized or appropriated by Federal law are used and
such coverage shall not be purchased using matching funds required for
a federally subsidized program, including a State's or locality's
contribution of Medicaid matching funds.
``SEC. 307. NON-PREEMPTION OF OTHER FEDERAL LAWS.
``Nothing in this chapter shall repeal, amend, or have any effect
on any other Federal law to the extent such law imposes any limitation
on the use of funds for abortion or for health benefits coverage that
includes coverage of abortion, beyond the limitations set forth in this
chapter.
``SEC. 308. CONSTRUCTION RELATED TO STATE OR LOCAL LAWS.
``Nothing in this chapter or any other Federal law shall be
construed to require any State or local government to provide or pay
for any abortion or any health benefits coverage that includes coverage
of any abortion.
``SEC. 309. TREATMENT OF ABORTIONS RELATED TO RAPE, INCEST, OR
PRESERVING THE LIFE OF THE MOTHER.
``The limitations established in sections 301, 302, 303, and 304
shall not apply to an abortion--
``(1) if the pregnancy occurred because the pregnant female
was the subject of an act of forcible rape or, if a minor, an
act of incest; or
``(2) in the case where the pregnant female suffers from a
physical disorder, physical injury, or physical illness that
would, as certified by a physician, place the pregnant female
in danger of death unless an abortion is performed, including a
life-endangering physical condition caused by or arising from
the pregnancy itself.
``SEC. 310. APPLICATION TO DISTRICT OF COLUMBIA.
``In this chapter:
``(1) Any reference to funds appropriated by Federal law
shall be treated as including any amounts within the budget of
the District of Columbia that have been approved by Act of
Congress pursuant to section 446 of the District of Columbia
Home Rule Act (or any applicable successor Federal law).
``(2) The term `Federal Government' includes the government
of the District of Columbia.
``SEC. 311. NO GOVERNMENT DISCRIMINATION AGAINST CERTAIN HEALTH CARE
ENTITIES.
``(a) Nondiscrimination.--A Federal agency or program, and any
State or local government that receives Federal financial assistance
(either directly or indirectly), may not subject any individual or
institutional health care entity to discrimination on the basis that
the health care entity does not provide, pay for, provide coverage of,
or refer for abortions.
``(b) Health Care Entity Defined.--For purposes of this section,
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.
``(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
subsection 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 of Health and Human Services
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;
``(2) subject to paragraph (3), to pursue the investigation
of such complaints in coordination with the Attorney General;
and
``(3) in the case of a complaint related to a Federal
agency (other than with respect to the Department of Health and
Human Services) or program administered through such other
agency or any State or local government receiving Federal
financial assistance through such other agency, to refer the
complaint to the appropriate office of such other agency.
``SEC. 312. HEALTH BENEFITS COVERAGE DEFINED.
``In this chapter the term `health benefits coverage' means the
package of services covered by a managed care provider or organization
pursuant to a contract or other arrangement.''.
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