I 

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, 


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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. 

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 of the United States Code is amended by add9 ing at the end the following new chapter: 


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1 ‘‘CHAPTER 4—PROHIBITING TAXPAYER 

2 FUNDED ABORTIONS AND PROVIDING 

3 FOR CONSCIENCE PROTECTIONS 

4 ‘‘SEC. 301. PROHIBITION ON FUNDING FOR ABORTIONS. 

5 ‘‘No funds authorized or appropriated by Federal 

6 law, and none of the funds in any trust fund to which 

7 funds are authorized or appropriated by Federal law, shall 

8 be expended for any abortion. 

9 ‘‘SEC. 302. PROHIBITION ON FUNDING FOR HEALTH BENE10 FITS PLANS THAT COVER ABORTION. 

11 ‘‘None of the funds authorized or appropriated by 

12 Federal law, and none of the funds in any trust fund to 

13 which funds are authorized or appropriated by Federal 

14 law, shall be expended for health benefits coverage that 

15 includes coverage of abortion. 

16 ‘‘SEC. 303. PROHIBITION ON TAX BENEFITS RELATING TO 

17 ABORTION. 

18 ‘‘For taxable years beginning after the date of the 

19 enactment of this section— 

20 ‘‘(1) no credit shall be allowed under the inter21 nal revenue laws with respect to amounts paid or in22 curred for an abortion or with respect to amounts 

23 paid or incurred for a health benefits plan (including 

24 premium assistance) that includes coverage of abor25 tion, 


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

2 for expenses paid for medical care of the taxpayer or 

3 the taxpayer’s spouse or dependents, amounts paid 

4 or incurred for an abortion or for a health benefits 

5 plan that includes coverage of abortion shall not be 

6 taken into account, and 

7 ‘‘(3) in the case of any tax-preferred trust or 

8 account the purpose of which is to pay medical ex9 penses of the account beneficiary, any amount paid 

10 or distributed from such an account for an abortion 

11 shall be included in the gross income of such bene12 ficiary. 

13 ‘‘SEC. 304. LIMITATION ON FEDERAL FACILITIES AND EM14 PLOYEES. 

15 ‘‘No health care service furnished— 

16 ‘‘(1) by or in a health care facility owned or op17 erated by the Federal Government; or 

18 ‘‘(2) by any physician or other individual em19 ployed by the Federal Government to provide health 

20 care services within the scope of the physician’s or 

21 individual’s employment, 

22 may include abortion. 


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1 ‘‘SEC. 305. CONSTRUCTION RELATING TO SEPARATE COV2 ERAGE. 

3 ‘‘Nothing in this chapter shall be construed as pro4 hibiting any individual, entity, or State or locality from 

5 purchasing separate abortion coverage or health benefits 

6 coverage that includes abortion so long as such coverage 

7 is paid for entirely using only funds not authorized or ap8 propriated by Federal law and such coverage shall not be 

9 purchased using matching funds required for a federally 

10 subsidized program, including a State’s or locality’s con11 tribution of Medicaid matching funds. 

12 ‘‘SEC. 306. CONSTRUCTION RELATING TO THE USE OF NON13 FEDERAL FUNDS FOR HEALTH COVERAGE. 

14 ‘‘Nothing in this chapter shall be construed as re15 stricting the ability of any non-Federal health benefits cov16 erage provider from offering abortion coverage, or the abil17 ity of a State or locality to contract separately with such 

18 a provider for such coverage, so long as only funds not 

19 authorized or appropriated by Federal law are used and 

20 such coverage shall not be purchased using matching 

21 funds required for a federally subsidized program, includ22 ing a State’s or locality’s contribution of Medicaid match23 ing funds. 

24 ‘‘SEC. 307. NON-PREEMPTION OF OTHER FEDERAL LAWS. 

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

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


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1 law imposes any limitation on the use of funds for abortion 

2 or for health benefits coverage that includes coverage of 

3 abortion, beyond the limitations set forth in this chapter.

4 ‘‘SEC. 308. CONSTRUCTION RELATED TO STATE OR LOCAL 

5 LAWS. 

6 ‘‘Nothing in this chapter or any other Federal law 

7 shall be construed to require any State or local govern8 ment to provide or pay for any abortion or any health ben9 efits coverage that includes coverage of any abortion. 

10 ‘‘SEC. 309. TREATMENT OF ABORTIONS RELATED TO RAPE, 

11 INCEST, OR PRESERVING THE LIFE OF THE 

12 MOTHER. 

13 ‘‘The limitations established in sections 301, 302, 

14 303, and 304 shall not apply to an abortion— 

15 ‘‘(1) if the pregnancy occurred because the 

16 pregnant female was the subject of an act of forcible 

17 rape or, if a minor, an act of incest; or 

18 ‘‘(2) in the case where the pregnant female suf19 fers from a physical disorder, physical injury, or 

20 physical illness that would, as certified by a physi21 cian, place the pregnant female in danger of death 

22 unless an abortion is performed, including a life-en23 dangering physical condition caused by or arising 

24 from the pregnancy itself. 


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1 ‘‘SEC. 310. APPLICATION TO DISTRICT OF COLUMBIA. 

2 ‘‘In this chapter: 

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

4 Federal law shall be treated as including any 

5 amounts within the budget of the District of Colum6 bia that have been approved by Act of Congress pur7 suant to section 446 of the District of Columbia 

8 Home Rule Act (or any applicable successor Federal 

9 law). 

10 ‘‘(2) The term ‘Federal Government’ includes 

11 the government of the District of Columbia. 

12 ‘‘SEC. 311. NO GOVERNMENT DISCRIMINATION AGAINST 

13 CERTAIN HEALTH CARE ENTITIES. 

14 ‘‘(a) NONDISCRIMINATION.—A Federal agency or 

15 program, and any State or local government that receives 

16 Federal financial assistance (either directly or indirectly), 

17 may not subject any individual or institutional health care 

18 entity to discrimination on the basis that the health care 

19 entity does not provide, pay for, provide coverage of, or 

20 refer for abortions. 

21 ‘‘(b) HEALTH CARE ENTITY DEFINED.—For pur22 poses of this section, the term ‘health care entity’ includes 

23 an individual physician or other health care professional, 

24 a hospital, a provider-sponsored organization, a health 

25 maintenance organization, a health insurance plan, or any 

26 other kind of health care facility, organization, or plan. 


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1 ‘‘(c) REMEDIES.— 

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

3 States shall have jurisdiction to prevent and redress 

4 actual or threatened violations of this section by 

5 issuing any form of legal or equitable relief, includ6 ing— 

7 ‘‘(A) injunctions prohibiting conduct that 

8 violates this section; and 

9 ‘‘(B) orders preventing the disbursement of 

10 all or a portion of Federal financial assistance 

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

12 offending agency or program of a State or local 

13 government, until such time as the conduct pro14 hibited by this section has ceased. 

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

16 under this subsection may be instituted by— 

17 ‘‘(A) any health care entity that has stand18 ing to complain of an actual or threatened vio19 lation of this section; or 

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

21 States. 

22 ‘‘(d) ADMINISTRATION.—The Secretary of Health 

23 and Human Services shall designate the Director of the 

24 Office for Civil Rights of the Department of Health and 

25 Human Services— 


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

2 this section; 

3 ‘‘(2) subject to paragraph (3), to pursue the in4 vestigation of such complaints in coordination with 

5 the Attorney General; and 

6 ‘‘(3) in the case of a complaint related to a 

7 Federal agency (other than with respect to the De8 partment of Health and Human Services) or pro9 gram administered through such other agency or 

10 any State or local government receiving Federal fi11 nancial assistance through such other agency, to 

12 refer the complaint to the appropriate office of such 

13 other agency. 

14 ‘‘SEC. 312. HEALTH BENEFITS COVERAGE DEFINED. 

15 ‘‘In this chapter the term ‘health benefits coverage’ 

16 means the package of services covered by a managed care 

17 provider or organization pursuant to a contract or other 

18 arrangement.’’. 

Æ 


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