I 

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. RAVerDate Mar 15 2010 23:22 Jul 30, 2010 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H5939.IH H5939

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HALL, 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. 

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 law, 

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

7 are authorized or appropriated by federal law, shall be ex8 pended 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 law, 

14 shall be expended for health benefits coverage that in15 cludes 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 nonfederal 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 law 


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1 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 is the result of an act of 

16 forcible rape, or incest with a minor; or 

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

18 physical disorder, physical injury, or physical illness 

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

20 woman in danger of death unless an abortion is per21 formed, including a life-endangering physical condi22 tion caused by or arising from the pregnancy itself. 

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

24 ‘‘In this chapter: 


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

2 Federal law shall be treated as including any 

3 amounts within the budget of the District of Colum4 bia that have been approved by Act of Congress pur5 suant to section 446 of the District of Columbia 

6 Home Rule Act (or any applicable successor Federal 

7 law). 

8 ‘‘(2) The term ‘Federal government’ includes 

9 the government of the District of Columbia. 

10 ‘‘SEC. 311. NO GOVERNMENT DISCRIMINATION AGAINST 

11 CERTAIN HEALTH CARE ENTITIES. 

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

13 program, and any State or local government that receives 

14 Federal financial assistance (either directly or indirectly), 

15 may not subject any individual or institutional health care 

16 entity to discrimination on the basis that the health care 

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

18 refer for abortions. 

19 ‘‘(b) HEALTH CARE ENTITY DEFINED.—For pur20 poses of this section, the term ‘health care entity’ includes 

21 an individual physician or other health care professional, 

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

23 maintenance organization, a health insurance plan, or any 

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


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1 ‘‘(c) ADMINISTRATION.—The Office for Civil Rights 

2 of the Department of Health and Human Services is des3 ignated to receive complaints of discrimination based on 

4 this subsection, and coordinate the investigation of such 

5 complaints. 

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

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

8 means the package of services covered by a managed care 

9 provider or organization pursuant to a contract or other 

10 arrangement.’’. 

Æ 


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