No Taxpayer Funding for Abortion Act

Bill: 112-hr-3
Sponsor: Rep. Smith, Christopher H. [R-NJ-4]
Introduced: 2011-01-20 in the House
Policy area: Health
Subjects: Abortion
Administrative remedies
Appropriations
Civil actions and liability
Department of Health and Human Services
District of Columbia
Government employee pay, benefits, personnel management
Government studies and investigations
Government trust funds
Health care costs and insurance
Health care coverage and access
Health facilities and institutions
Health personnel
Health programs administration and funding
Income tax credits
Income tax deductions
Income tax exclusion
State and local finance

Summary:
action_date: 2011-01-20
text: 
No Taxpayer Funding for Abortion Act - Prohibits the expenditure of funds authorized or appropriated by federal law or funds in any trust fund to which funds are authorized or appropriated by federal law (federal funds) for any abortion. (Currently, federal funds cannot be used for abortion services, except in cases involving rape, incest, or life endangerment.)
 
Prohibits federal funds from being used for any health benefits coverage that includes coverage of abortion. (Thus making permanent existing federal policies.) 
 
Disallows any tax benefits for amounts paid or incurred for an abortion or for a health benefits plan that includes coverage of abortion, including any medical deduction for such amounts or any credit for such an employer-sponsored plan.
 
Prohibits the inclusion of abortion in any health care service furnished by a federal or District of Columbia health care facility or by any physician or other individual employed by the federal government or the District.
 
Provides that such prohibitions shall not apply to an abortion if: (1) the pregnancy is the result of forcible rape or, if the pregnant woman is a minor, incest; or (2) the woman suffers from a physical disorder, injury, or illness, including a life-endangering physical condition caused by or arising from the pregnancy itself, that would place her in danger of death unless an abortion is performed, as certified by a physician. 
 
Makes such prohibitions applicable to District funds.
 
Codifies the prohibition against a federal agency or program or any state or local government that receives federal financial assistance from subjecting any individual or 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. Creates a cause of action for any violations of such provisions. Gives federal courts jurisdiction to prevent and redress actual or threatened violations of such provisions by issuing any form of legal or equitable relief, including an injunction or order preventing the disbursement of all or a portion of federal financial assistance until the prohibited conduct has ceased. Gives standing to institute an action to affected health care entities and the Attorney General. Requires the Secretary of Health and Human Services to designate the Director of the Office for Civil Rights of the Department of Health and Human Services (HHS) to receive, investigate, and refer to the appropriate federal agency complaints alleging a violation of such provisions.

action_date: 2011-03-17
text: 
No Taxpayer Funding for Abortion Act - Prohibits the expenditure of funds authorized or appropriated by federal law or funds in any trust fund to which funds are authorized or appropriated by federal law (federal funds) for any abortion. (Currently, federal funds cannot be used for abortion services, except in cases involving rape, incest, or life endangerment.)
 
Prohibits federal funds from being used for any health benefits coverage that includes coverage of abortion. (Thus making permanent existing federal policies.) 
 
Disallows any tax benefits for amounts paid or incurred for an abortion.
 
Prohibits the inclusion of abortion in any health care service furnished by a federal or District of Columbia health care facility or by any physician or other individual employed by the federal government or the District.
 
Provides that such prohibitions shall not apply to an abortion if: (1) the pregnancy is the result of rape or incest; or (2) the woman suffers from a physical disorder, injury, or illness, including a life-endangering physical condition caused by or arising from the pregnancy itself, that would place her in danger of death unless an abortion is performed, as certified by a physician. 
 
Makes such prohibitions applicable to District funds.
 
Codifies the prohibition against a federal agency or program or any state or local government that receives federal financial assistance from subjecting any individual or 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. Creates a cause of action for any violations of such provisions. Gives federal courts jurisdiction to prevent and redress actual or threatened violations of such provisions by issuing any form of legal or equitable relief, including an injunction or order preventing the disbursement of all or a portion of federal financial assistance until the prohibited conduct has ceased. Gives standing to institute an action to affected health care entities and the Attorney General. Requires the Secretary of Health and Human Services to designate the Director of the Office for Civil Rights of the Department of Health and Human Services (HHS) to receive, investigate, and refer to the appropriate federal agency complaints alleging a violation of such provisions.

action_date: 2011-05-04
text: 
No Taxpayer Funding for Abortion Act - 
Title I: Prohibiting Federally-Funded Abortions and Providing for Conscience Protections
 - (Sec. 101) Prohibits the expenditure of funds authorized or appropriated by federal law or funds in any trust fund to which funds are authorized or appropriated by federal law (federal funds) for any abortion. (Currently, federal funds cannot be used for abortion services, except in cases involving rape, incest, or life endangerment.)
 
Prohibits federal funds from being used for any health benefits coverage that includes coverage of abortion. (Thus making permanent existing federal policies.) 
 
Prohibits the inclusion of abortion in any health care service furnished by a federal or District of Columbia health care facility or by any physician or other individual employed by the federal government or the District.
 
Excludes from such prohibitions an abortion if: (1) the pregnancy is the result of rape or incest; or (2) the woman suffers from a physical disorder, injury, or illness, including a life-endangering physical condition caused by or arising from the pregnancy itself, that would place her in danger of death unless an abortion is performed, as certified by a physician. 
 
Makes such prohibitions applicable to District of Columbia funds.
 
Codifies the prohibition against a federal agency or program or any state or local government that receives federal financial assistance from subjecting any individual or 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. Creates a cause of action for any violations of such provisions. Gives federal courts jurisdiction to prevent and redress actual or threatened violations of such provisions by issuing any form of legal or equitable relief, including an injunction or order preventing the disbursement of all or a portion of federal financial assistance until the prohibited conduct has ceased. Gives standing to institute an action to affected health care entities and the Attorney General. Requires the Secretary of Health and Human Services to designate the Director of the Office for Civil Rights of the Department of Health and Human Services (HHS) to receive, investigate, and refer to the appropriate federal agency complaints alleging a violation of such provisions.
 

Title II: Elimination of Certain Tax Benefits Relating to Abortion
 - (Sec. 201) Amends the Internal Revenue Code to disqualify, for purposes of the tax deduction for medical expenses, any amounts paid for an abortion. 
 
(Sec. 202) Excludes from the definition of &quot;qualified health plan&quot; after December 31, 2013, for purposes of the refundable tax credit for premium assistance for such plans, any plan that includes coverage for abortion.
 
(Sec. 203) Excludes from the definitions of &quot;qualified health plan&quot; and &quot;health insurance coverage,&quot; for purposes of the tax credit for small employer health insurance expenses, any health plan or benefit that includes coverage for abortions.
 
(Sec. 204) Includes any reimbursements or distributions to pay for an abortion in the gross income of participants in flexible spending arrangements under a tax-exempt cafeteria plan, Archer Medical Savings Accounts (MSAs), and health savings accounts (HSAs).
 
Exempts from the application of this title: (1) abortions for pregnancies resulting from rape or incest or in cases where a woman suffers from a physical disorder, injury, or illness that would, as certified by a physician, endanger her life if an abortion were not performed; and (2) the treatment of any infection, injury, disease, or disorder that was caused by or exacerbated by the performance of an abortion.


Legislative actions:
action_date: 2011-05-09
text: Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 40.
action_date: 2011-05-05
text: Received in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
action_date: 2011-05-04
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2011-05-04
text: On passage Passed by recorded vote: 251 - 175 (Roll no. 292).
action_date: 2011-05-04
text: Passed/agreed to in House: On passage Passed by recorded vote: 251 - 175 (Roll no. 292).
action_date: 2011-05-04
text: On motion to recommit with instructions Failed by recorded vote: 192 - 235 (Roll no. 291).
action_date: 2011-05-04
text: The previous question on the motion to recommit with instructions was ordered without objection. (consideration: CR H3042)
action_date: 2011-05-04
text: Floor summary: DEBATE - The House proceeded with ten minutes of debate on the Speier motion to recommit with instructions. The instructions contained in the motion seek to require the bill to be reported back to the House with an amendment adding a new section providing that nothing in the bill would permit the Federal Government to gain access to the private medical records of the victims of rape and incest.
action_date: 2011-05-04
text: Ms. Speier moved to recommit with instructions to Judiciary. (consideration: CR H3041-3043; text: CR H3041)
action_date: 2011-05-04
text: Considered as unfinished business. (consideration: CR H3041-3043)
action_date: 2011-05-04
text: CONTINUATION OF PROCEEDINGS - Pursuant to clause 1(c) of rule XIX, the Chair announced that proceedings would now resume on H.R. 3 which had been considered earlier in the day.
action_date: 2011-05-04
text: POSTPONED PROCEEDINGS - The Chair announced that pursuant to clause 1(c) of rule XIX, further proceedings on H.R. 3 would be postponed until a time to be announced.
action_date: 2011-05-04
text: The previous question was ordered pursuant to the rule. (consideration: CR H3037)
action_date: 2011-05-04
text: DEBATE - The House proceeded with one hour of debate on H.R. 3.
action_date: 2011-05-04
text: Rule provides for consideration of H.R. 3 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Bill is closed to amendments. The amendment in the nature of a substitute printed in the report of the Committee on Rules 112-71 shall be considered as adopted. All points of order against provisions in the bill, as amended, are waived.
action_date: 2011-05-04
text: Considered under the provisions of rule H. Res. 237. (consideration: CR H3023-3037; text of amendment in the nature of a substitute: CR H3023-3024)
action_date: 2011-05-04
text: Rule H. Res. 237 passed House.
action_date: 2011-05-02
text: Rules Committee Resolution H. Res. 237 Reported to House. Rule provides for consideration of H.R. 3 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Bill is closed to amendments. The amendment in the nature of a substitute printed in the report of the Committee on Rules 112-71 shall be considered as adopted. All points of order against provisions in the bill, as amended, are waived.
action_date: 2011-04-07
text: Placed on the Union Calendar, Calendar No. 28.
action_date: 2011-04-07
text: Committee on Ways and Means discharged.
action_date: 2011-04-07
text: Committee on Ways and Means discharged.
action_date: 2011-04-07
text: Committee on Energy and Commerce discharged.
action_date: 2011-04-07
text: Committee on Energy and Commerce discharged.
action_date: 2011-04-07
text: Committee on Ways and Means discharged.
action_date: 2011-03-17
text: House Committee on Ways and Means Granted an extension for further consideration ending not later than April 7, 2011.
action_date: 2011-03-17
text: House Committee on Energy and Commerce Granted an extension for further consideration ending not later than April 7, 2011.
action_date: 2011-03-17
text: Reported (Amended) by the Committee on Judiciary. H. Rept. 112-38, Part I.
action_date: 2011-03-17
text: Reported (Amended) by the Committee on Judiciary. H. Rept. 112-38, Part I.
action_date: 2011-03-03
text: Ordered to be Reported (Amended) by the Yeas and Nays: 23 - 14.
action_date: 2011-03-03
text: Committee Consideration and Mark-up Session Held.
action_date: 2011-02-28
text: Subcommittee on the Constitution Discharged.
action_date: 2011-02-08
text: Subcommittee Hearings Held.
action_date: 2011-02-04
text: Referred to the Subcommittee on the Constitution.
action_date: 2011-02-01
text: Referred to the Subcommittee on Health.
action_date: 2011-01-20
text: 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.
action_date: 2011-01-20
text: 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.
action_date: 2011-01-20
text: 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.
action_date: 2011-01-20
text: Introduced in House
action_date: 2011-01-20
text: Introduced in House