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. BU-
CHANAN, 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. GRIF-
FITH, 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. RA-
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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 Pennsyl-
vania, 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 fol-
lowing 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 jurisdic-
tion 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 Representa-
tives 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 add-
ing at the end the following new chapter: 
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‘‘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 ex-
pended for any abortion. 
‘‘SEC. 302. PROHIBITION ON FUNDING FOR HEALTH BENE-
FITS 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 in-
cludes 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 inter-
nal revenue laws with respect to amounts paid or in-
curred for an abortion or with respect to amounts 
paid or incurred for a health benefits plan (including 
premium assistance) that includes coverage of abor-
tion, 
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‘‘(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 ex-
penses 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 bene-
ficiary. 
‘‘SEC. 304. LIMITATION ON FEDERAL FACILITIES AND EM-
PLOYEES. 
‘‘No health care service furnished— 
‘‘(1) by or in a health care facility owned or op-
erated by the Federal government; or 
‘‘(2) by any physician or other individual em-
ployed by the Federal government to provide health 
care services within the scope of the physician’s or 
individual’s employment, 
may include abortion. 
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‘‘SEC. 305. CONSTRUCTION RELATING TO SEPARATE COV-
ERAGE. 
‘‘Nothing in this chapter shall be construed as pro-
hibiting 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 ap-
propriated 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 con-
tribution 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 re-
stricting the ability of any nonfederal health benefits cov-
erage provider from offering abortion coverage, or the abil-
ity 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, includ-
ing a State’s or locality’s contribution of Medicaid match-
ing 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 
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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 govern-
ment to provide or pay for any abortion or any health ben-
efits 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 per-
formed, including a life-endangering physical condi-
tion caused by or arising from the pregnancy itself. 
‘‘SEC. 310. APPLICATION TO DISTRICT OF COLUMBIA. 
‘‘In this chapter: 
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‘‘(1) Any reference to funds appropriated by 
Federal law shall be treated as including any 
amounts within the budget of the District of Colum-
bia that have been approved by Act of Congress pur-
suant 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 pur-
poses 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. 
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‘‘(c) ADMINISTRATION.—The Office for Civil Rights 
of the Department of Health and Human Services is des-
ignated 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.’’. 
Æ 
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