This article presents the text of the Stupak-Pitts amendment, more commonly known as the Stupak amendment, which won House of Representatives passage on November 7, 2009 as part of the House Health Care Reform Bill, "Affordable Health Care for America Act," H.R. 3962. The amendment was sponsored by Rep. Bart Stupak (D-MI) and Rep. Joe Pitts (R-PA).

The House vote was 240 to 194, and pitted pro-choice Democrats against 64 pro-life Democrats who voted for passage.

Without the Stupak amendment, the House health care reform bill would not have attracted enough votes for passage. The Stupak Amendment is highly controversial because the measure reinforces and expands prohibitions against government-funding of abortion procedures.

Stupak-Pitts Amendment to H.R. 3962

(a) IN GENERAL -

No funds authorized or appropriated by the Act (or amendment made by this Act) may be used to pay 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 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, or unless the pregnancy is the result of an act of rape or incest.

(b) OPTION TO PURCHASE SUPPLEMENTAL COVERAGE OR PLAN -

Nothing in this section shall be construed as prohibiting any nonfederal entity (including an individual or a State or local government) from purchasing separate or supplemental coverage for abortions for which funding is prohibited under this section, or a plan that includes such abortions, so long as-

(1) Such coverage or plan is paid for entirely using funds not authorized or appropriated by this Act; and
(2) Such coverage or plan is not purchased using-
(a) individual premium payments required for an Exchange-participating health benefits pan towards which an affordability credit is applied; or
(b) other nonfederal funds required to receive a federal payment, including State's or locality's contribution of Medicaid matching funds.

(c) OPTION TO OFFER SUPPLEMENTAL COVERAGE OR PLAN -

Notwithstanding section 303(b), nothing in this section shall restrict any nonfederal QHBP offering entity from offering separate supplemental coverage for abortions for which funding is prohibited under this section, or a plan that includes such abortions, so long as-

(1) premiums for such separate supplemental coverage or plan are paid for entirely with funds not authorized or appropriated by this Act;

(2) administrative costs and all services offered through such supplemental coverage or plan are paid for using only premiums collected for such coverage or plan; and

(3) any nonfederal QHBP offering entity that offers an Exchange-participating health benefits plan that includes coverage for abortions for which funding is prohibited under this section also offers an Exchange-participating health benefits plan that is identical in every respect except that it does not cover abortions for which funding is prohibited under this section.