[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5939 Introduced in House (IH)]
111th CONGRESS
2d Session
H. R. 5939
To prohibit taxpayer funded abortions and to provide for conscience
protections, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 29, 2010
Mr. Smith of New Jersey (for himself, Mr. Lipinski, Mr. Aderholt, Mr.
Akin, Mr. Alexander, Mr. Austria, Mrs. Bachmann, Mr. Bachus, Mr.
Barrett of South Carolina, Mr. Bartlett, Mr. Barton of Texas, Mr.
Bilirakis, Mr. Bishop of Utah, Mrs. Blackburn, Mr. Blunt, Mr. Boehner,
Mr. Bonner, Mr. Boozman, Mr. Boren, Mr. Boustany, Mr. Brady of Texas,
Mr. Bright, Mr. Broun of Georgia, Mr. Brown of South Carolina, Ms.
Ginny Brown-Waite of Florida, Mr. Buchanan, Mr. Burgess, Mr. Burton of
Indiana, Mr. Buyer, Mr. Camp, Mr. Campbell, Mr. Cantor, Mr. Cao, Mr.
Carter, Mr. Cassidy, Mr. Childers, Mr. Coble, Mr. Coffman of Colorado,
Mr. Cole, Mr. Conaway, Mr. Costello, Mr. Crenshaw, Mr. Critz, Mr.
Culberson, Mrs. Dahlkemper, Mr. Davis of Kentucky, Mr. Davis of
Tennessee, Mr. Lincoln Diaz-Balart of Florida, Mr. Mario Diaz-Balart of
Florida, Mr. Donnelly of Indiana, Mr. Duncan, Mr. Ehlers, Mr.
Ellsworth, Mrs. Emerson, Ms. Fallin, Mr. Fleming, Mr. Forbes, Mr.
Fortenberry, Ms. Foxx, Mr. Franks of Arizona, Mr. Gallegly, Mr. Garrett
of New Jersey, Mr. Gingrey of Georgia, Mr. Gohmert, Mr. Goodlatte, Ms.
Granger, Mr. Graves of Missouri, Mr. Griffith, Mr. Guthrie, Mr. Hall of
Texas, Mr. Harper, Mr. Hensarling, Mr. Herger, Mr. Hoekstra, Mr.
Hunter, Mr. Inglis, Mr. Issa, Mr. Sam Johnson of Texas, Mr. Johnson of
Illinois, Mr. Jones, Mr. Jordan of Ohio, Mr. Kanjorski, Mr. King of New
York, Mr. King of Iowa, Mr. Kingston, Mr. Kline of Minnesota, Mr.
Lamborn, Mr. LaTourette, Mr. Latta, Mr. Linder, Mr. Luetkemeyer, Mrs.
Lummis, Mr. Daniel E. Lungren of California, Mr. Manzullo, Mr.
Marchant, Mr. Marshall, Mr. McCarthy of California, Mr. McCaul, Mr.
McClintock, Mr. McCotter, Mr. McHenry, Mr. McIntyre, Mr. McKeon, Mrs.
McMorris Rodgers, Mr. Mica, Mrs. Miller of Michigan, Mr. Gary G. Miller
of California, Mr. Moran of Kansas, Mr. Tim Murphy of Pennsylvania,
Mrs. Myrick, Mr. Neugebauer, Mr. Oberstar, Mr. Olson, Mr. Ortiz, Mr.
Paulsen, Mr. Pence, Mr. Peterson, Mr. Pitts, Mr. Platts, Mr. Poe of
Texas, Mr. Posey, Mr. Price of Georgia, Mr. Radanovich, Mr. Rahall, Mr.
Roe of Tennessee, Mr. Rogers of Alabama, Mr. Rogers of Michigan, Mr.
Rogers of Kentucky, Mr. Roskam, Ms. Ros-Lehtinen, Mr. Ryan of
Wisconsin, Mr. Scalise, Mrs. Schmidt, Mr. Schock, Mr. Sensenbrenner,
Mr. Sessions, Mr. Shadegg, Mr. Shimkus, Mr. Shuster, Mr. Smith of
Nebraska, Mr. Smith of Texas, Mr. Stearns, Mr. Sullivan, Mr. Taylor,
Mr. Terry, Mr. Thompson of Pennsylvania, Mr. Thornberry, Mr. Tiahrt,
Mr. Tiberi, Mr. Turner, Mr. Upton, Mr. Wamp, Mr. Westmoreland, Mr.
Whitfield, Mr. Wilson of South Carolina, Mr. Wittman, and Mr. Wolf)
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 nonfederal 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 is the result of an act of forcible
rape, or incest with a minor; or
``(2) in the case where a woman suffers from a physical
disorder, physical injury, or physical illness that would, as
certified by a physician, place the woman 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) Administration.--The Office for Civil Rights of the
Department of Health and Human Services is designated to receive
complaints of discrimination based on this subsection, and coordinate
the investigation of such complaints.
``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.''.
<all>