H. R. 3
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
To prohibit taxpayer funded abortions and to provide for conscience protections, and for other purposes.
This Act may be cited as the
No Taxpayer Funding for Abortion
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:
Prohibiting taxpayer funded abortions and providing for conscience protections
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.
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.
Prohibition on tax benefits relating to abortion
For taxable years beginning after the date of the enactment of this section—
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,
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
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.
Limitation on Federal facilities and employees
No health care service furnished—
by or in a health care facility owned or operated by the Federal Government; or
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,
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.
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.
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.
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.
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—
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
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.
Application to District of Columbia
In this chapter:
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).
The term Federal Government includes the government of the District of Columbia.
No government discrimination against certain health care entities
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.
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.
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—
injunctions prohibiting conduct that violates this section; and
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.
Commencement of action
An action under this subsection may be instituted by—
any health care entity that has standing to complain of an actual or threatened violation of this section; or
the Attorney General of the United States.
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—
to receive complaints alleging a violation of this section;
subject to paragraph (3), to pursue the investigation of such complaints in coordination with the Attorney General; and
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.
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.