IN THE HOUSE OF REPRESENTATIVES

MR. STUPAK (for himself, MR. Berry, Mr. Bishop of Georgia, Mr. Cao, Ms. Dahlkemper, Mr. Driehaus, Ms. Kaptur, Mr. Lipinski, Mr. Mollohan, and Mr. Rahall) submitted the following concurrent resolution; which was referred to the committee on ____

CONCURRENT RESOLUTION

Correcting the enrollment of H.R. 3590

Resolved by the House of Representatives (the Senate concurring) That in the enrollment of the bill H.R. 3590, the Clerk of the House of Representatives shall make the following corrections:

(1) In the section 1303 amended by section 10104(c) of the bill -

(A) in the section heading, insert "RELATING TO COVERAGE OF ABORTION SERVICES" after "SPECIAL RULES"; AND

(B) strike subsection (a) and all of subsection (b) that precedes paragraph (4) and insert the following:

"(a) IN GENERAL -- Nothing in this Act (or any amendment made by this Act) shall be construed to require any health plan to provide coverage of abortion services or allow the Secretary or any other person or entity implementing this Act (or amendment) to require coverage of such services.

"(b) LIMITATION ON ABORTION FUNDING -

"(1) iN GENERAL -- None of the funds authorized or appropriated by this Act (or an amendment made by this Act), including credits under section 36N of the Internal Revenue Code of 1986, shall be expected for any abortion or to cover any part of the costs of any health plan that includes coverage of abortion, except in the case where a woman suffers from the 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 life-endangering physical condition caused by or arising from the pregnancy itself, or unless the pregnancy is the result of an act of rape or incest.

"(2) OPTION TO PURCHASE SEPARATE COVERAGE OR PLAN _- Subject to paragraph (1), noting in this subsection shall be construed as prohibiting any non-Federal entity (including an individual or a State orlocal government) from purchasing separate coverage for abortions for which funding is prohibited under this subsection, or a plan that inclues such abortions, so long as such coverage or plan is not purchased using the non-Federal funds required to receive a Federal payment, including a preminum payment required for the qualified health plan towards whith the credit described in paragraph (1) is applied or a State's or locality's contribution of Medicaid matching funds.

"(3) OPTION TO OFFER COVERAGE OR PLAN -- Subject to paragraph (1), noting in this subsection shall restrict any non-Federal health insurance insurer offering a qualified health plan from offering separate coverage for abortions for which funding is prohibited under this subsection, or a plan that includes such abortions for which funding is prohibited under this subsection, or a plan that inclue3s such abortions, so long as any such insurer that offers a qualified health plan through any Exchange that includes coverage for abortions for which funding is prohibited under this subsection also offers a qualified health plan through the Exchange that is identical in every respect except it does not cover such abortions."

(2) In subsection (a) of the section 1334 added by section 10104(q) of the bill, strike paragraph (6) and redesignate paragraph (7) as paragraph (6).

We can only pray this constitutionally prohibitive monstrosity finds no more support than the current count (as of this writing ) of 208 votes for passage.  Stupak will face his maker, as we all will someday, and be judged appropriately, but in the meantime we will fight to have this bill stopped, or at the very least stricken as unconstitutional when passed on Sunday.