H.R. 3House112th Congress (2011-2013)Passed House

No Taxpayer Funding for Abortion Act

Introduced January 20, 2011

Legislative Activity

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31 earlier actions
SenateCalendars Latest Action

Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 40.

May 9, 2011

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HouseIntro Referral

Introduced in House

January 20, 2011

HouseIntro Referral

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.

January 20, 2011

HouseCommittee

Referred to the Subcommittee on Health.

February 1, 2011

HouseCommittee

Referred to the Subcommittee on the Constitution.

February 4, 2011

HouseCommittee

Subcommittee Hearings Held.

February 8, 2011

HouseCommittee

Subcommittee on the Constitution Discharged.

February 28, 2011

HouseCommittee

Committee Consideration and Mark-up Session Held.

March 3, 2011

HouseCommittee

Ordered to be Reported (Amended) by the Yeas and Nays: 23 - 14.

March 3, 2011

HouseCommittee

Reported (Amended) by the Committee on Judiciary. H. Rept. 112-38, Part I.

March 17, 2011

HouseIntro Referral

House Committee on Energy and Commerce Granted an extension for further consideration ending not later than April 7, 2011.

March 17, 2011

HouseIntro Referral

House Committee on Ways and Means Granted an extension for further consideration ending not later than April 7, 2011.

March 17, 2011

HouseCommittee

Committee on Ways and Means discharged.

April 7, 2011

HouseCommittee

Committee on Energy and Commerce discharged.

April 7, 2011

HouseCalendars

Placed on the Union Calendar, Calendar No. 28.

April 7, 2011

HouseFloor

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.

May 2, 2011 • 7:51 PM

HouseFloor

Rule H. Res. 237 passed House.

May 4, 2011 • 1:55 PM

HouseFloor

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)

May 4, 2011 • 1:59 PM

HouseFloor

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.

May 4, 2011 • 1:59 PM

HouseFloor

DEBATE - The House proceeded with one hour of debate on H.R. 3.

May 4, 2011 • 1:59 PM

HouseFloor

The previous question was ordered pursuant to the rule. (consideration: CR H3037)

May 4, 2011 • 3:24 PM

HouseFloor

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.

May 4, 2011 • 3:24 PM

HouseFloor

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.

May 4, 2011 • 4:41 PM

HouseFloor

Considered as unfinished business. (consideration: CR H3041-3043)

May 4, 2011 • 4:41 PM

HouseFloor

Ms. Speier moved to recommit with instructions to Judiciary. (consideration: CR H3041-3043; text: CR H3041)

May 4, 2011 • 4:42 PM

HouseFloor

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.

May 4, 2011 • 4:43 PM

HouseFloor

The previous question on the motion to recommit with instructions was ordered without objection. (consideration: CR H3042)

May 4, 2011 • 4:52 PM

HouseFloor

On motion to recommit with instructions Failed by recorded vote: 192 - 235 (Roll no. 291).

May 4, 2011 • 5:12 PM

HouseFloor

Passed/agreed to in House: On passage Passed by recorded vote: 251 - 175 (Roll no. 292).

May 4, 2011 • 5:19 PM

HouseFloor

On passage Passed by recorded vote: 251 - 175 (Roll no. 292).

May 4, 2011 • 5:19 PM

HouseFloor

Motion to reconsider laid on the table Agreed to without objection.

May 4, 2011 • 5:19 PM

SenateCalendars

Received in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.

May 5, 2011

SenateCalendars

Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 40.

May 9, 2011

Floor Debate

21 members

What members said about H.R. 3 on the floor

11 Republicans10 Democrats
Darrell Issa
Rep. Darrell IssaR-CA-49 · Mar 30, 2011

Mr. Speaker, pursuant to House Resolution 186, I call up the bill (H.R. 471) to reauthorize the DC opportunity scholarship program, and for other purposes, and ask for its immediate consideration.…

Eleanor Holmes Norton
Rep. Eleanor Holmes NortonD-DC · Apr 5, 2011

Mr. Speaker, I have come to the floor because in a very real sense I feel surrounded. Mr. Speaker, I was sent to Congress, like every other Member, to attend to the business of the Nation. But in…

Elijah E. Cummings
Rep. Elijah E. CummingsD-MD-7 · Mar 30, 2011

Mr. Speaker, I yield myself such time as I may consume. I rise today in strong opposition to H.R. 471. Let me be very clear: Public funds should support public education. But this bill, which would…

Eleanor Holmes Norton
Rep. Eleanor Holmes NortonD-DC · Mar 30, 2011

Mr. Speaker, I thank the gentleman from Maryland for his terrific help on all we have done on this bill. Let me count the ways I strongly oppose H.R. 471: Because it reestablished a program that…

Louise McIntosh Slaughter
Rep. Louise McIntosh SlaughterD-NY-28 · May 4, 2011

Madam Speaker, I yield myself such time as I may consume. We have had many misnamed bills, euphemistically called almost anything to try to make some kind of point, but this one does not have a thing…

Show 8 more
John A. Boehner
Rep. John A. BoehnerR-OH-8 · Mar 30, 2011

Let me thank my colleague for yielding and let me start by also thanking him and the members of the Government Reform Committee for their work on this bill. Also I want to thank our 50 cosponsors and…

Trey Gowdy
Rep. Trey GowdyR-SC-4 · Mar 30, 2011

I would like to thank the distinguished chairman of Oversight for his graciousness and leadership. Mr. Speaker, we have found consensus. Sweet, elusive consensus. We found it. Not in a final…

Christopher H. Smith
Rep. Christopher H. SmithR-NJ-4 · Jan 20, 2011

Mr. Speaker, yesterday an abortionist in Philadelphia--Dr. Kermit Gosnell--was arrested and charged in the death of a mother, and seven babies who were born alive but then killed by severing their…

George Miller
Rep. George MillerD-CA-7 · Mar 30, 2011

Mr. Speaker, I thank the gentleman for yielding. I thank him for his discussion of this legislation on the floor. I rise in opposition to this legislation because I don't believe that we can afford…

Richard B. Nugent
Rep. Richard B. NugentR-FL-5 · May 4, 2011

Madam Speaker, by direction of the Committee on Rules, I call up House Resolution 237 and ask for its immediate consideration. For the purpose of debate only, I yield the customary 30 minutes to the…

Eleanor Holmes Norton
Rep. Eleanor Holmes NortonD-DC · May 4, 2011

I thank the gentlewoman for yielding and for her strong work on this bill. Madam Speaker, this bill is unprecedented in a number of ways. It is unprecedented in that it uniquely affects my district,…

Christopher H. Smith
Rep. Christopher H. SmithR-NJ-4 · May 4, 2011

I thank my good friend Mr. Nugent for yielding and thank him for his leadership. Madam Speaker, America has changed and today is more pro-life than ever. By ever-increasing majorities, especially…

Mike Pence
Rep. Mike PenceR-IN-6 · Mar 30, 2011

I thank the distinguished chairman for yielding and for his leadership on this issue, which is near and dear to my heart, as it is to the hearts of thousands upon thousands of families in the…

Show 11 more
Debbie Wasserman Schultz
Rep. Debbie Wasserman SchultzD-FL-20 · Feb 15, 2011

Madam Speaker, it has been 6 weeks now since Republicans assumed control of the House of Representatives, and we have yet to see a single job-creation bill brought to the House floor. Indeed, just…

Jerrold Nadler
Rep. Jerrold NadlerD-NY-8 · May 4, 2011

I thank the gentleman for yielding. Madam Speaker, this bill has nothing to do with creating jobs, reducing our deficit or bolstering our economy. It addresses, instead, the completely fictitious…

Jeff Duncan
Rep. Jeff DuncanR-SC-3 · Mar 30, 2011

I thank the chairman. Mr. Speaker, I rise today in support of H.R. 471, the Scholarship Opportunity and Results Act, and against the Norton amendment. Coming from South Carolina, for 8 years in the…

Gerald E. Connolly
Rep. Gerald E. ConnollyD-VA-11 · Mar 30, 2011

Mr. Speaker, today the House will vote on H.R. 471, a bill to make Congress the de-facto School Board for the District of Columbia. This legislation, introduced without a hint of irony by…

Carolyn B. Maloney
Rep. Carolyn B. MaloneyD-NY-14 · Mar 30, 2011

Mr. Speaker, I rise today in opposition to H.R. 471, the DC voucher bill. I opposed the creation of the DC Voucher Program when it came before the House in the 108th Congress and I oppose today's…

Scott Garrett
Rep. Scott GarrettR-NJ-5 · May 4, 2011

I thank the gentleman. Before I begin my remarks, I just have to say that I am really shocked by the statement from my friend and colleague from the State of New Jersey as well when he basically…

Phil Gingrey
Rep. Phil GingreyR-GA-11 · May 4, 2011

I thank the gentleman from Florida for yielding. I do rise in very strong support of this rule as well as the underlying bill, H.R. 3, the No Taxpayer Funding for Abortion Act. I would also like to…

John Kline
Rep. John KlineR-MN-2 · Mar 30, 2011

I thank the gentleman for yielding time. Mr. Speaker, I rise today in support of H.R. 471, this legislation that would reauthorize the D.C. Opportunity Scholarship Program. This program was created…

Anthony D. Weiner
Rep. Anthony D. WeinerD-NY-9 · Mar 30, 2011

Mr. Speaker, I rise to a point of order. Mr. Speaker, I make a point of order against consideration of this bill because the legislation violates clause 10 of rule XXI which states that it is not in…

Peter Welch
Rep. Peter WelchD-VT · May 4, 2011

I thank the gentlelady. Henry Hyde was one of the outstanding Members of the House of Representatives in the history of the House of Representatives. He believed intently in a pro-life position, and…

Lamar Smith
Rep. Lamar SmithR-TX-21 · May 4, 2011

Madam Speaker, pursuant to House Resolution 237, I call up the bill (H.R. 3) to prohibit taxpayer funded abortions and to provide for conscience protections, and for other purposes, and ask for its…

Bill Text

4 versions available

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Latest
Placed on Calendar SenateIssued May 9, 2011

II

Calendar No. 40

112th CONGRESS

1st Session

H. R. 3

IN THE SENATE OF THE UNITED STATES

May 5, 2011

Received; read the first time

May 9, 2011

Read the second time and placed on the calendar

AN ACT

To prohibit taxpayer funded abortions and to provide for conscience protections, and for other purposes.

1.

Short title; table of contents

(a)

Short title

This Act may be cited as the No Taxpayer Funding for Abortion Act.

(b)

Table of contents

The table of contents for this Act is as follows:

Sec. 1. Short title; table of contents.

Title I—Prohibiting federally-funded abortions and providing for conscience protections

Sec. 101. Prohibiting taxpayer funded abortions and providing for conscience protections.

Sec. 102. Amendment to table of chapters.

Title II—Elimination of certain tax benefits relating to abortion

Sec. 201. Deduction for medical expenses not allowed for abortions.

Sec. 202. Disallowance of refundable credit for coverage under qualified health plan which provides coverage for abortion.

Sec. 203. Disallowance of small employer health insurance expense credit for plan which includes coverage for abortion.

Sec. 204. Distributions for abortion expenses from certain accounts and arrangements included in gross income.

I

Prohibiting federally-funded abortions and providing for conscience protections

101.

Prohibiting taxpayer funded abortions and providing for conscience protections

Title 1, United States Code is amended by adding at the end the following new chapter:

4

Prohibiting taxpayer funded abortions and providing for conscience protections

Sec.

301. Prohibition on funding for abortions.

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

303. Limitation on Federal facilities and employees.

304. Construction relating to separate coverage.

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

306. Non-preemption of other Federal laws.

307. Construction relating to complications arising from abortion.

308. Treatment of abortions related to rape, incest, or preserving the life of the mother.

309. Application to District of Columbia.

310. No government discrimination against certain health care entities.

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 expended for any abortion.

302.

Prohibition on funding for health benefits 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 includes coverage of abortion.

303.

Limitation on Federal facilities and employees

No health care service furnished—

(1)

by or in a health care facility owned or operated by the Federal Government; or

(2)

by any physician or other individual employed by the Federal Government to provide health care services within the scope of the physician’s or individual’s employment,

may include abortion.
304.

Construction relating to separate coverage

Nothing in this chapter shall be construed as prohibiting 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 appropriated 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 contribution of Medicaid matching funds.

305.

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

Nothing in this chapter shall be construed as restricting the ability of any non-Federal health benefits coverage provider from offering abortion coverage, or the ability 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, including a State’s or locality’s contribution of Medicaid matching funds.

306.

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 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.  

307.

Construction relating to complications arising from abortion

Nothing in this chapter shall be construed to apply to the treatment of any infection, injury, disease, or disorder that has been caused by or exacerbated by the performance of an abortion. This rule of construction shall be applicable without regard to whether the abortion was performed in accord with Federal or State law, and without regard to whether funding for the abortion is permissible under section 308.

308.

Treatment of abortions related to rape, incest, or preserving the life of the mother

The limitations established in sections 301, 302, and 303 shall not apply to an abortion—

(1)

if the pregnancy is the result of an act of rape or incest; 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 performed, including a life-endangering physical condition caused by or arising from the pregnancy itself.

309.

Application to District of Columbia

In this chapter:

(1)

Any reference to funds appropriated by Federal law shall be treated as including any amounts within the budget of the District of Columbia that have been approved by Act of Congress pursuant 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.

310.

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 purposes 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.

(c)

Remedies

(1)

In general

The courts of the United States shall have jurisdiction to prevent and redress actual or threatened violations of this section by issuing any form of legal or equitable relief, including—

(A)

injunctions prohibiting conduct that violates this section; and

(B)

orders preventing the disbursement of all or a portion of Federal financial assistance to a State or local government, or to a specific offending agency or program of a State or local government, until such time as the conduct prohibited by this section has ceased.

(2)

Commencement of action

An action under this subsection may be instituted by—

(A)

any health care entity that has standing to complain of an actual or threatened violation of this section; or

(B)

the Attorney General of the United States.

(d)

Administration

The Secretary of Health and Human Services shall designate the Director of the Office for Civil Rights of the Department of Health and Human Services—

(1)

to receive complaints alleging a violation of this section;

(2)

subject to paragraph (3), to pursue the investigation of such complaints in coordination with the Attorney General; and

(3)

in the case of a complaint related to a Federal agency (other than with respect to the Department of Health and Human Services) or program administered through such other agency or any State or local government receiving Federal financial assistance through such other agency, to refer the complaint to the appropriate office of such other agency.

.

102.

Amendment to table of chapters

The table of chapters for title 1, United States Code, is amended by adding at the end the following new item:

4.Prohibiting taxpayer funded abortions and providing for conscience protections301

.

II

Elimination of certain tax benefits relating to abortion

201.

Deduction for medical expenses not allowed for abortions

(a)

In general

Section 213 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection:

(g)

Amounts paid for abortion not taken into account

(1)

In general

An amount paid during the taxable year for an abortion shall not be taken into account under subsection (a).

(2)

Exceptions

Paragraph (1) shall not apply to—

(A)

an abortion—

(i)

in the case of a pregnancy that is the result of an act of rape or incest, or

(ii)

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 performed, including a life-endangering physical condition caused by or arising from the pregnancy, and

(B)

the treatment of any infection, injury, disease, or disorder that has been caused by or exacerbated by the performance of an abortion.

.

(b)

Effective date

The amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

202.

Disallowance of refundable credit for coverage under qualified health plan which provides coverage for abortion

(a)

In general

Subparagraph (A) of section 36B(c)(3) of the Internal Revenue Code of 1986 is amended by inserting before the period at the end the following: or any health plan that includes coverage for abortions (other than any abortion or treatment described in section 213(g)(2)).

(b)

Option to purchase or offer separate coverage or plan

Paragraph (3) of section 36B(c) of such Code is amended by adding at the end the following new subparagraph:

(C)

Separate abortion coverage or plan allowed

(i)

Option to purchase separate coverage or plan

Nothing in subparagraph (A) shall be construed as prohibiting any individual from purchasing separate coverage for abortions described in such subparagraph, or a health plan that includes such abortions, so long as no credit is allowed under this section with respect to the premiums for such coverage or plan.

(ii)

Option to offer coverage or plan

Nothing in subparagraph (A) shall restrict any non-Federal health insurance issuer offering a health plan from offering separate coverage for abortions described in such subparagraph, or a plan that includes such abortions, so long as premiums for such separate coverage or plan are not paid for with any amount attributable to the credit allowed under this section (or the amount of any advance payment of the credit under section 1412 of the Patient Protection and Affordable Care Act).

.

(c)

Effective date

The amendment made by this section shall apply to taxable years ending after December 31, 2013.

203.

Disallowance of small employer health insurance expense credit for plan which includes coverage for abortion

(a)

In general

Subsection (h) of section 45R of the Internal Revenue Code of 1986 is amended—

(1)

by striking Any term and inserting the following:

(1)

In general

Any term

, and

(2)

by adding at the end the following new paragraph:

(2)

Exclusion of health plans including coverage for abortion

The terms qualified health plan and health insurance coverage shall not include any health plan or benefit that includes coverage for abortions (other than any abortion or treatment described in section 213(g)(2)).

.

(b)

Effective date

The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

204.

Distributions for abortion expenses from certain accounts and arrangements included in gross income

(a)

Flexible spending arrangements under cafeteria plans

Section 125 of the Internal Revenue Code of 1986 is amended by redesignating subsections (k) and (l) as subsections (l) and (m), respectively, and by inserting after subsection (j) the following new subsection:

(k)

Abortion reimbursement from flexible spending arrangement included in gross income

Notwithstanding section 105(b), gross income shall include any reimbursement for expenses incurred for an abortion (other than any abortion or treatment described in section 213(g)(2)) from a health flexible spending arrangement provided under a cafeteria plan. Such reimbursement shall not fail to be a qualified benefit for purposes of this section merely as a result of such inclusion in gross income.

.

(b)

Archer MSAs

Paragraph (1) of section 220(f) of such Code is amended by inserting before the period at the end the following: , except that any such amount used to pay for an abortion (other than any abortion or treatment described in section 213(g)(2)) shall be included in the gross income of such holder.

(c)

HSAs

Paragraph (1) of section 223(f) of such Code is amended by inserting before the period at the end the following: , except that any such amount used to pay for an abortion (other than any abortion or treatment described in section 213(g)(2)) shall be included in the gross income of such beneficiary.

(d)

Effective dates

(1)

FSA reimbursements

The amendment made by subsection (a) shall apply to expenses incurred with respect to taxable years beginning after the date of the enactment of this Act.

(2)

Distributions from savings accounts

The amendments made by subsection (b) and (c) shall apply to amounts paid with respect to taxable years beginning after the date of the enactment of this Act.

Passed the House of Representatives May 4, 2011.

Karen L. Haas,

Clerk

May 9, 2011

Read the second time and placed on the calendar