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Union Calendar No. 28 

112TH CONGRESS 

1ST SESSION H. R. 3 

[Report No. 112–38, Part I] 

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. 


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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 


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MARCH 17, 2011 

Reported from the Committee on the Judiciary with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

MARCH 17, 2011 

Referral to the Committees on Energy and Commerce and Ways and Means 

extended for a period ending not later than April 7, 2011 

APRIL 7, 2011 

Additional sponsors: Mr. AMASH, Mr. COBLE, Mr. GOSAR, Mr. GRIFFITH of 

Virginia, Mr. MACK, Mr. PETRI, Mr. RIVERA, Mrs. ROBY, Mr. ROSS of 

Florida, Mr. SMITH of Nebraska, Mr. WALBERG, Mr. WALDEN, Mrs. 

BLACK, Mr. CAMPBELL, Mr. DENHAM, Mr. FARENTHOLD, Mr. FINCHER, 

Mr. FLEISCHMANN, Mr. FLORES, Mr. GALLEGLY, Mr. HUIZENGA of 

Michigan, Mr. LANCE, Mr. LATHAM, Mrs. MYRICK, Mr. PALAZZO, Mr. 

PEARCE, Mr. PLATTS, Mr. POE of Texas, Mr. QUAYLE, Mr. ROGERS of 

Alabama, Mr. SCHOCK, Mr. SCHWEIKERT, Mr. SESSIONS, Mr. 

SOUTHERLAND, Mr. STEARNS, Mr. THORNBERRY, Mr. WALSH of Illinois, 

Mr. WOMACK, Mr. YOUNG of Indiana, Mr. BERG, Mr. GRIFFIN of Arkansas, Mr. HULTGREN, Mr. LUCAS, Mr. STIVERS, Mr. NUNES, Mr. JOHNSON of Ohio, Mr. LABRADOR, Mr. WEST, Mr. ISSA, Mr. YODER, Mrs. 

ADAMS, Mr. BILBRAY, Mr. BUCSHON, Mr. CULBERSON, Mr. HECK, Mrs. 

LUMMIS, Mr. MICA, Mr. REED, Mr. ROONEY, Mr. REHBERG, Mr. 

GUINTA, Mr. LEWIS of California, Mr. HOLDEN, Mr. UPTON, Mr. 

NUGENT, and Mr. GRAVES of Georgia 

APRIL 7, 2011 

The Committees on Energy and Commerce and Ways and Means discharged; 

committed to the Committee of the Whole House on the State of the 

Union and ordered to be printed 

[For text of introduced bill, see copy of bill as introduced on January 20, 2011] 


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A BILL 

To prohibit taxpayer funded abortions and to provide for 

conscience protections, and for other purposes. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘No Taxpayer Funding 

5 for Abortion Act’’. 

6 SEC. 2. PROHIBITING TAXPAYER FUNDED ABORTIONS AND 

7 PROVIDING FOR CONSCIENCE PROTECTIONS. 

8 Title 1, United States Code is amended by adding at 

9 the end the following new chapter: 

10 ‘‘CHAPTER 4—PROHIBITING TAXPAYER 

11 FUNDED ABORTIONS AND PROVIDING 

12 FOR CONSCIENCE PROTECTIONS 

‘‘Sec. 

‘‘301. Prohibition on funding for abortions. 

‘‘302. Prohibition on funding for health benefits plans that cover abortion. 

‘‘303. Prohibition on tax benefits relating to abortion. 

‘‘304. Limitation on Federal facilities and employees. 

‘‘305. Construction relating to separate coverage. 

‘‘306. Construction relating to the use of non-Federal funds for health coverage. 

‘‘307. Non-preemption of other Federal laws. 

‘‘308. Construction relating to complications arising from abortion. 

‘‘309. Treatment of abortions related to rape, incest, or preserving the life of the 

mother. 

‘‘310. Application to District of Columbia. 

‘‘311. No government discrimination against certain health care entities. 

13 ‘‘§ 301. Prohibition on funding for abortions 

14 ‘‘No funds authorized or appropriated by Federal law, 

15 and none of the funds in any trust fund to which funds 

16 are authorized or appropriated by Federal law, shall be ex17 pended for any abortion. 


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1 ‘‘§ 302. Prohibition on funding for health benefits 

2 plans that cover abortion 

3 ‘‘None of the funds authorized or appropriated by Fed4 eral law, and none of the funds in any trust fund to which 

5 funds are authorized or appropriated by Federal law, shall 

6 be expended for health benefits coverage that includes cov7 erage of abortion. 

8 ‘‘§ 303. Prohibition on tax benefits relating to abortion 

9 ‘‘For taxable years beginning after the date of the en10 actment of this section— 

11 ‘‘(1) no credit shall be allowed under the internal 

12 revenue laws with respect to amounts paid or in13 curred for an abortion or with respect to amounts 

14 paid or incurred for a health benefits plan (including 

15 premium assistance) that includes coverage of abor16 tion, 

17 ‘‘(2) for purposes of determining any deduction 

18 for expenses paid for medical care of the taxpayer or 

19 the taxpayer’s spouse or dependents, amounts paid or 

20 incurred for an abortion shall not be taken into ac21 count, and 

22 ‘‘(3) in the case of any tax-preferred trust or ac23 count the purpose of which is to pay medical expenses 

24 of the account beneficiary, any amount paid or dis25 tributed from such an account for an abortion shall 

26 be included in the gross income of such beneficiary. 


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1 ‘‘§ 304. Limitation on Federal facilities and employees 

2 ‘‘No health care service furnished— 

3 ‘‘(1) by or in a health care facility owned or op4 erated by the Federal Government; or 

5 ‘‘(2) by any physician or other individual em6 ployed by the Federal Government to provide health 

7 care services within the scope of the physician’s or in8 dividual’s employment, 

9 may include abortion. 

10 ‘‘§ 305. Construction relating to separate coverage 

11 ‘‘Nothing in this chapter shall be construed as prohib12 iting any individual, entity, or State or locality from pur13 chasing separate abortion coverage or health benefits cov14 erage that includes abortion so long as such coverage is paid 

15 for entirely using only funds not authorized or appro16 priated by Federal law and such coverage shall not be pur17 chased using matching funds required for a federally sub18 sidized program, including a State’s or locality’s contribu19 tion of Medicaid matching funds. 

20 ‘‘§ 306. Construction relating to the use of non-Federal 

21 funds for health coverage 

22 ‘‘Nothing in this chapter shall be construed as restrict23 ing the ability of any non-Federal health benefits coverage 

24 provider from offering abortion coverage, or the ability of 

25 a State or locality to contract separately with such a pro26 vider for such coverage, so long as only funds not authorized 


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1 or appropriated by Federal law are used and such coverage 

2 shall not be purchased using matching funds required for 

3 a federally subsidized program, including a State’s or local4 ity’s contribution of Medicaid matching funds. 

5 ‘‘§ 307. Non-preemption of other Federal laws 

6 ‘‘Nothing in this chapter shall repeal, amend, or have 

7 any effect on any other Federal law to the extent such law 

8 imposes any limitation on the use of funds for abortion or 

9 for health benefits coverage that includes coverage of abor10 tion, beyond the limitations set forth in this chapter.

11 ‘‘§ 308. Construction relating to complications arising 

12 from abortion 

13 ‘‘Nothing in this chapter shall be construed to apply 

14 to the treatment of any infection, injury, disease, or dis15 order that has been caused by or exacerbated by the perform16 ance of an abortion. This rule of construction shall be appli17 cable without regard to whether the abortion was performed 

18 in accord with Federal or State law, and without regard 

19 to whether funding for the abortion is permissible under 

20 section 309 of this Act. 

21 ‘‘§ 309. Treatment of abortions related to rape, incest, 

22 or preserving the life of the mother 

23 ‘‘The limitations established in sections 301, 302, 303, 

24 and 304 shall not apply to an abortion— 


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1 ‘‘(1) if the pregnancy is the result of an act of 

2 rape or incest; or 

3 ‘‘(2) in the case where a woman suffers from a 

4 physical disorder, physical injury, or physical illness 

5 that would, as certified by a physician, place the 

6 woman in danger of death unless an abortion is per7 formed, including a life-endangering physical condi8 tion caused by or arising from the pregnancy itself. 

9 ‘‘§ 310. Application to District of Columbia 

10 ‘‘In this chapter: 

11 ‘‘(1) Any reference to funds appropriated by 

12 Federal law shall be treated as including any 

13 amounts within the budget of the District of Colum14 bia that have been approved by Act of Congress pur15 suant to section 446 of the District of Columbia Home 

16 Rule Act (or any applicable successor Federal law). 

17 ‘‘(2) The term ‘Federal Government’ includes the 

18 government of the District of Columbia. 

19 ‘‘§ 311. No government discrimination against certain 

20 health care entities 

21 ‘‘(a) NONDISCRIMINATION.—A Federal agency or pro22 gram, and any State or local government that receives Fed23 eral financial assistance (either directly or indirectly), may 

24 not subject any individual or institutional health care enti25 ty to discrimination on the basis that the health care entity 


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1 does not provide, pay for, provide coverage of, or refer for 

2 abortions. 

3 ‘‘(b) HEALTH CARE ENTITY DEFINED.—For purposes 

4 of this section, the term ‘health care entity’ includes an in5 dividual physician or other health care professional, a hos6 pital, a provider-sponsored organization, a health mainte7 nance organization, a health insurance plan, or any other 

8 kind of health care facility, organization, or plan. 

9 ‘‘(c) REMEDIES.— 

10 ‘‘(1) IN GENERAL.—The courts of the United 

11 States shall have jurisdiction to prevent and redress 

12 actual or threatened violations of this section by 

13 issuing any form of legal or equitable relief, includ14 ing— 

15 ‘‘(A) injunctions prohibiting conduct that 

16 violates this section; and 

17 ‘‘(B) orders preventing the disbursement of 

18 all or a portion of Federal financial assistance 

19 to a State or local government, or to a specific 

20 offending agency or program of a State or local 

21 government, until such time as the conduct pro22 hibited by this section has ceased. 

23 ‘‘(2) COMMENCEMENT OF ACTION.—An action 

24 under this subsection may be instituted by— 


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1 ‘‘(A) any health care entity that has stand2 ing to complain of an actual or threatened viola3 tion of this section; or 

4 ‘‘(B) the Attorney General of the United 

5 States. 

6 ‘‘(d) ADMINISTRATION.—The Secretary of Health and 

7 Human Services shall designate the Director of the Office 

8 for Civil Rights of the Department of Health and Human 

9 Services— 

10 ‘‘(1) to receive complaints alleging a violation of 

11 this section; 

12 ‘‘(2) subject to paragraph (3), to pursue the in13 vestigation of such complaints in coordination with 

14 the Attorney General; and 

15 ‘‘(3) in the case of a complaint related to a Fed16 eral agency (other than with respect to the Depart17 ment of Health and Human Services) or program ad18 ministered through such other agency or any State or 

19 local government receiving Federal financial assist20 ance through such other agency, to refer the complaint 

21 to the appropriate office of such other agency.’’. 

22 SEC. 3. AMENDMENT TO TABLE OF CHAPTERS. 

23 The table of chapters for title 1, United States Code, 

24 is amended by adding at the end the following new item: 

‘‘4. Prohibiting taxpayer funded abortions and providing 

for conscience protections ..................................... 301’’. 


emcdonald on DSK2BSOYB1PROD with BILLS
Union Calendar No. 28 

112TH CONGRESS 

1ST SESSION H. R. 3 

[Report No. 112–38, Part I] 

A BILL 

To prohibit taxpayer funded abortions and to propurposes. vide for conscience protections, and for other 

APRIL 7, 2011 

The Committees on Energy and Commerce and Ways 

dered to be printed the Whole House on the State of the Union and orand Means discharged; committed to the Committee of 


emcdonald on DSK2BSOYB1PROD with BILLS