[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.''.
                                 <all>